Section 4A:
Application of Montreal Convention to India.
1[4A. Application of Montreal Convention to India.-- (1) The rules contained in the Third
Schedule, being the provisions of the Montreal 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 India in relation to any carriage by air to which those rules apply, irrespective of the
nationality of the aircraft performing the carriage.
(2) For the purpose of this Act, the State Parties to the Montreal Convention and the date of
enforcement of the said Montreal Convention shall be such as are included in Part III of the Annexure.
(3) Any reference in the Third Schedule to the territory of any State Party to the Montreal Convention
shall be construed as a reference to all the territories in respect of which he is party.
(4) Any reference in the Third Schedule to agents of the carrier shall be construed as including a
reference to servants of the carrier.
(5) The Central Government may, having regard to the objects of this Act, and if it considers
necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be,
omit from, Part III of the Annexure, any State Party and on such addition, or, as the case may be,
omission, such State Party shall be or shall cease to be, a State Party.
2[(6) The Central Government may, having regard to the objects of the Act, and if it considers
necessary or expedient so to do, by notification in the Official Gazette, give effect to the limits of liability,
revised by the depository under rule 24 of Chapter III of the Third Schedule to this Act, for the purposes
of determining the liabilities of the carriers and extent of compensation for damages under the said
Chapter of that Schedule.]
Notes:
1. Ins. by s. 6, ibid. (w.e.f. 1-7-2009).
2. Ins. by Act 12 of 2016, s. 2 (w.e.f. 21-3-2016).