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5]27]12 CarrIage 8y AIr Act, 1934 (Act No. XX oI 1934).

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THE CARRIAGE BY AIR ACT, 1934
(ACT NO. XX OF 1934).
[19th August, 1934]



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An Act to give effect in BangIadesh to a Convention for the unification of
certain ruIes reIating to internationaI carriage by air.

WHEREAS a Convention for the unification of certain rules relating to international
carriage by air (hereinafter referred to as the Convention) was, on the 12th day of
October, 1929, signed at Warsaw;
AND WHEREAS it is expedient that Bangladesh should accede to the convention and
should make provision for giving effect to the said convention in Bangladesh;
AND WHEREAS it is also expedient to make provision for applying the rules contained
in the Convention (subject to exceptions, adaptations and modifications) to carriage by
air in Bangladesh which is not international carriage within the meaning of the
Convention; t is hereby enacted as follows:-




Short title, extent
and
commencement

1. (1) This Act may be called the Carriage By Air Act, 1934.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force on such date as the Government may,
by notification in the official Gazette, appoint.



Application of the
Convention to
Bangladesh

2. (1) The rules contained in the First Schedule, being the
provisions of the Convention relating to the rights and liabilities of
carriers, passengers, consignors, consignees and other persons, shall,
subject to the provisions of this Act, have the force of law in
Bangladesh in relation to any carriage by air to which those rules
apply, irrespective of the nationality of the aircraft performing the
carriage.
(2) The Government may, by notification in the official Gazette,
certify who are the High Contracting Parties to the Convention, in
respect of what territories they are parties, and to what extent
they have availed themselves of the Additional Protocol to the
Convention, and any such notification shall be conclusive evidence
of the matters certified therein.
(3) Any reference in the First Schedule to the territory of any High
Contracting Party to the Convention shall be construed as a
reference to all the territories in respect of which he is a party.
(3A) Any reference in the First Schedule to agents of the carrier
shall be construed as including a reference to servants of the
carrier.
(4) Notwithstanding anything contained in the Fatal Accidents Act,
1855, or any other enactment or rule of law in force in
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5]27]12 CarrIage 8y AIr Act, 1934 (Act No. XX oI 1934).
2]2 bdIaws.mInIaw.gov.bd]prInt_sectIons_aII.phpZId=165
Bangladesh], the rules contained in the First Schedule shall, in all
cases to which those rules apply, determine the liability of a carrier
in respect of the death of a passenger, and the rules contained in
the Second Schedule shall determine the persons by whom and for
whose benefit and the manner in which such liability may be
enforced.
(5) Any sum in francs mentioned in rule 22 of the First Schedule
shall, for the purpose of any action against a carrier, be converted
into
3
[ Taka] at the rate of exchange prevailing on the date on
which the amount of damages to be paid by the carrier is
ascertained by the Court.



Provisions
regarding suits
against High
Contracting
Parties who
undertake
carriage by air

3. (1) Every High Contracting Part to the Convention who has not
availed himself of the provisions of the Additional Protocol thereto
shall, for the purposes of any suit brought in a Court in Bangladesh
in accordance with the provisions of rule 28 of the First Schedule to
enforce a claim in respect of carriage undertaken by him, be
deemed to have submitted to the jurisdiction of that Court and to
be a person for the purposes of the Code of Civil Procedure, 1908.
(2) The
4
[ Supreme Court] may make rules of procedure providing
for all matters which may be expedient to enable such suits to be
instituted and carried on.
(3) Nothing in this section shall authorize any Court to attach or
sell any property of a High Contracting Party to the Convention.



Application of Act
to carriage by air
which is not
international
4. The Government may, by notification in the official Gazette,
apply the rules contained in the First Schedule and any provision of
section 2 to such carriage by air, not being international carriage by
air as defined in the First Schedule, as may by specified in the
notification, subject however to such exceptions, adaptations and
modifications, if any, as may be so specified.



1
Throughout this Act, except otherwise provided, the words `Bangladesh` and `Government` were substituted, for the words
`Pakistan` and `Central Government` respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. V of 1973)
2
The word `Bangladesh` was substituted, for the words `any part of Pakistan` by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. V of 1973)
3
The word `Taka` was substituted, for the word `rupees` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
And Declaration) Act, 1973 (Act No. V of 1973)
4
The words `Supreme Court` were substituted, for the words `High Court` by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. V of 1973)


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Ministry of Law, Justice and Parliamentary Affairs