Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com INDIAN AIRLINES NON-INTERNATIONAL CARRIAGE OF CARGO (OTHER THAN BAGGAGE AND MAIL) REGULATIONS, 1980 CONTENTS 1. Short title 2. Definitions 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 INDIAN AIRLINES NON-INTERNATIONAL CARRIAGE OF CARGO (OTHER THAN BAGGAGE AND MAIL) REGULATIONS, 1980 11. Gazelle of India, 1981, Part III, Sec. 4, p. 1039 In exercise of the powers conferred by Cl. (g) of Sub-section (2) of Section 45 of the Air Corporations Act, 1953 (27 of 1953) as amended from time to time and in supersession of the Indian Airlines Non-international Carriage of Cargo (other than Baggage and Mail) Regulations 1973, as amended from time to time the Indian Airlines, hereby makes the following Regulations relating to the conditions of non- international carriage of cargo (other than baggage and mail) performed by the Indian Airlines, namely:- 1. Short title :- (a) These regulations may be called the Indian Airlines Non- international Carriage of Cargo (other than baggage and mail) Regulations, 1980. (b) It shall come into force from 19th July, 1980. 2. Definitions :- In these regulations unless there is anything repugnant in the subject or context: (1) "Government" means the Government of India; (2) "Corporation" means the Indian Airlines; (3) "Non-International Carriage" means carriage other than international carriage as defined in the Carriage by Air Act, 1972; (4) "Cargo" in this context will not include baggage and mail; (5) "Air Waybill" means "Air Consignment Note"; (6) "Shipper" means "Consignor" (7) "Carriage" means "Transportation"; (8) "Carrier" means the carrier (that is the Indian Airlines) issuing the Air Waybill; and (9) For the purposes of the exemption from and limitation of liability provisions set forth or referred to in the Air Waybill, "Carrier" includes agents, servants or representatives of the carrier. 3. 3 :- (a) Carriage hereunder is subject to the rules relating to liability established by Carriage by Air Act, 1972 as extended to non- international carriage with certain exceptions, adaptations and modifications vide Government of India, Ministry of Tourism and Civil Aviation Notification No AV. 11012/8/72-9 dated 30th March, 1973 published in Part II, Sec. 3, Sub-section (u) of the Gazette of India, dated 30 March, 197S and modified by Government of India, Ministry of Tourism and Civil Aviation Notification No. AV. 11012/5/79-A, dated 5th July, 1980 published in Part II, Section 3, Sub-section (ii) of the Gazette of India, dated 19th July, 1980. (b) Carriage hereunder is subject to: (i) applicable laws, Government regulations, orders and requirements; (ii) provisions hereinsetforth (iii) applicable tariffs rules, rules regulations and time-tables (but not the time of departure and arrival therein of the Corporations, which are made part here of and which may be inspected at any of its ofFices and at airports from which it operates regular services; (c) The agreed stopping places (which may be altered by the Corporation in case of necessity) are those places except the place of departure and the place of destination, setforth on the face of the Air Waybill or shown in the corporation's time table as scheduled stopping places for the route. (d) The shipper acknowledges that he has been given an opportunity to make a special declaration of the value of the goods at delivery and that the sum entered on the face of the Air Waybill as "Shippers/consignor declared Value For Carriage" if in excess of Rs. 160 (Rupees one hundred sixty) per kilogram constitutes such special declaration of value and has paid a supplementary sum if the case so requires. In that case the Corporation will be liable to pay a sum not exceeding the declared sum unless he proves that that sum is greater than the actual value to the consignor at delivery. 4. 4 :- In so far as any provision contained or referred to in this Air Waybill may be contrary to mandatory law, Government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not over ridden thereby. The invalidity of any provision shall not affect any other part thereof. 5. 5 :- Except as the provisions of the Carriage by Air Act, 1972 as applicable to carriage by air not being international carriage with exceptions adaptations and modifications thereof or other applicable law may otherwise require: (a) The Corporation is not liable to the shipper or to any other person for any damage, delay or loss of whatsoever nature (hereinafter collectively referred to as "damage") arising out of or in connection with the carriage of the goods unless such damage excluding delay is proved to have been caused by the negligence or wilful fault of the Corporations and there has been no contributory negligence of the shipper, consignee or other claimant. The Corporation will not be liable for damage caused by delay in the carriage; (b) The Corporation is not liable for any damage directly or indirectly arising out of compliance with laws, Government regulations orders or requirements or from any cause beyond the Corporation's control; (c) The charges of carriage having been based upon the value declared by shipper, liability shall in no event exceed the shipper's declared value for carriage stated on the face of the air waybill, and in the absence of such declaration b'y shipper the liability of Corporation shall not exceed Rs. 160 (Rupees one hundred sixty only) per kilogram of goods destroyed, lost or damaged; all claims shall be subject to proof of value. The Corporation is not liable for any damage unless it is on account of its negligence or wilful default. There is no liability with the Corporation for damage resulting from delay in the carriage. 6. 6 :- These shall not be any time limit Fixed for the completion of carriage hereunder and that the Corporation may without notice substitute alternate carriers or aircraft. The Corporation does not assume any obligation to carry the goods by any specified aircraft or over any particular route or routes or to make connection to any point according to any particular schedule and the Corporation is authorised to select, or deviate from the route or routes of shipment notwithstanding that the same may be stated on the face of the Air Waybill. The shipper shall guarantee the payment of all charges and advances. There is no time limit fixed for completion of the carriage. 7. 7 :- The goods or packages said to contain the goods, described on the face of the Air Waybill, shall be accepted for carriage from their receipt at Corporation's terminal or Airport Office at the place of departure to the Airport at the place of destination. If so specifically agreed, the goods or packages said to contain goods, described on the face of the Air Waybill, will also be accepted for forwarding to the airport of departure and for reforwarding beyond the airport of destination. If such forwarding or reforwarding is by carriage operated by the Corporation, such carriage shall be upon the same terms as to liability as setforth in Regulations 3 and regulations 5 above. In any other event the issuing carrier and last carrier respectively in forwarding or reforwarding the goods, shall do so only as agents of the shipper, owner or consignee as the case may be and shall not be liable for any damage arising out of such additional carriage unless proved to have been caused by its own negligence or wilful fault. The shipper owner and consignee will authorize such carries to do all things deemed advisable to effect such forwarding or reforwarding including but without limitation. Selection of the means of forwarding or reforwarding and the routes thereof (unless these have been specified by the shipper), execution and acceptance of documents of carriage (which may include provisions exempting or limiting liability) and consigning of goods with no declaration of value not withstanding any declaration of value in the Air Waybill. 8. 8 :- The Corporation is authorised (but shall be under no obligation) to pay any duties, taxes or charges and to make any disbursement with respect to the goods, and the shipper, owner and consignee shall be jointly and severally liable for the reimbursement thereof. If it is necessary to make customs entry of the goods at any place, the goods shall be deemed to be consigned at such place to the person named on the face of the Air Waybill as customs consignee or, if no such person be named to the carrier carrying the goods to such place or to such customs consignee, if any as such carrier may designate. 9. 9 :- Except as otherwise specifically provide in the Air Waybill, delivery of goods will be made to the Consignee named on the face of the Air Waybill, or the Consignee's agent authorised in writing by a letter of authority accompanied by the Consignee's copy of the Air Waybill. Notice of arrival of the goods will, in the absence of other instructions, be sent to the Consignee by ordinary methods. The Corporation will not be liable for non-receipt or delay in receipt of such notice. In case urgency is pleaded, the Corporation may deliver the consignment to the Consignee or Consignee's authorised agent without production of the consignee's copy of the Air Waybill upon a Bond being furnished. The value for purposes of the Bond will be calculated at the rate of Rs. 160 (Rupees one hundred sixty) per kilogram of the weight of the consignment, where no value is declared. 'Where value is declared for carriage of goods the value for purposes of the Bond would be the value of the goods so declared. The delivery of the consignment in the aforementioned manner shall be a complete discharge of any responsibility or liability of the Corporation. 10. 10 :- (a) Receipt without complaint of any consignment at the time of delivery shall be prima facie evidence that the consignment has been delivered correctly and in good condition. (b) No action shall be maintained in the case of damage to goods unless a written notice, sufficiently describing the goods concerned, the approximate date of the damage, and the details of the claims, is presented to an office of the Corporation within 7 days from the date of receipt thereof and in the case of loss (including non- delivery) unless presented within 120 days from the date of issue of the Air Waybill. (c) Any rights to damages against the Corporation shall be extinguished unless an action is brought within two years after the occurrence of the events giving rise to the claim. 11. 11 :- The shipper shall comply with all applicable laws and other Government regulations including those relating to the packing, carriage or delivery of the goods, and shall furnish such information and attach such documents to the Air Waybill as may be necessary to comply with such laws and regulations. The Corporation is not liable to the shipper or any other person for loss or expense due to shipper's failure to comply with this provision. 12. 12 :- No agent, servant or representative of the Corporation has authority to alter, modify or waive any provision of the Air Waybill. 13. 13 :- The Operator/Carrier shall always be entitled to open up the consignment to ensure the correctness of its contents subject always to it being clearly understood that by doing so the Operator/Carrier shall not undertake any responsibility or liability for any contravention of R.8 of Aircraft Rules, 1937 by the Consignor for which the Consignor alone shall continue to be liable.