Executive Summary:
The document is the Carriage by Air Amendment Act, 2016, Act No. 12 of 2016, which received the President's assent on March 21, 2016, and was published for general information on March 22, 2016. It further amends the Carriage by Air Act, 1972. Key changes involve empowering the Central Government to give effect to revised liability limits and to make rules for carrying out the provisions of the Act.
Key Points / Main Content:
* **Short Title and Amendment:**
* The Act is called the Carriage by Air Amendment Act, 2016.
* It amends the Carriage by Air Act, 1972.
* **Amendment of Section 4A:**
* A new subsection is inserted after subsection 5 of section 4A, allowing the Central Government to give effect to revised liability limits.
* This is done via notification in the Official Gazette, considering the objects of the Act, and if deemed necessary or expedient.
* This pertains to determining carrier liabilities and compensation for damages under Chapter III of the Third Schedule.
* **Insertion of New Section 8A: Power to Make Rules:**
* The Central Government may make rules for carrying out the provisions of the Act via notification in the Official Gazette.
* Every rule and notification must be laid before each House of Parliament for thirty days while in session.
* The Houses of Parliament may modify or annul the rule or notification.
* Any modification or annulment does not prejudice the validity of actions previously taken under the rule or notification.
Impact Analysis:
* **Central Government:**
* Impact: Given the power to give effect to revised liability limits and to make rules for carrying out the provisions of the Act.
* Action Required: To issue notifications in the Official Gazette to give effect to revised liability limits and to make rules as needed.
* **Parliament:**
* Impact: Responsible for reviewing and potentially modifying or annulling the rules and notifications issued under the Act.
* Action Required: Review rules and notifications laid before them and decide whether to modify or annul them.
* **Air Carriers:**
* Impact: Their liabilities and compensation for damages will be determined based on the revised liability limits set by the Central Government.
* Action Required: To adhere to the liability limits as revised and notified by the Central Government.
* **General Public/Passengers:**
* Impact: The extent of compensation for damages they may be entitled to will be affected by the revised liability limits.
* Action Required: Be aware of the revised liability limits for compensation in case of damages during air carriage.
Key Entities Referenced
Ministry of Law and Justice: The Indian government ministry responsible for legislative affairs and legal matters.
Parliament: The legislative body of the Republic of India.
The Carriage by Air Amendment Act, 2016: An Act of Parliament further amending the Carriage by Air Act, 1972.
The Carriage by Air Act, 1972: The principal Act which is being amended by the Carriage by Air Amendment Act, 2016.
Central Government: The executive branch of the Government of India.
President: The head of state of the Republic of India who gave assent to the Act.
New Delhi: The capital city of India, where the Ministry of Law and Justice is located and where the Act was published.
Official Gazette: A public journal and an official legal document of the government. Notifications and rules are published.
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—16
REGISTERED NO. DL—(N)04/0007/2003—16
vlk/kkj.k
EXTRAORDINARY
Hkkx [k.M
II — 1
PART II—Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ ubZ fnYyh] eaxyokj] ekpZ 22] 2016@p=S 2] 1938 ¼'kd½
13]
No. 13] NEW DELHI, TUESDAY, MARCH 22, 2016/CHAITRA 2, 1938 (SAKA)
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 22nd March, 2016/Chaitra 2, 1938 (Saka)
The following Act of Parliament received the assent of the President on the
21st March, 2016, and is hereby published for general information:—
THE CARRIAGE BY AIR (AMENDMENT) ACT, 2016
NO. 12 OF 2016
[21st March, 2016.]
An Act further to amend the Carriage by Air Act, 1972.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as
follows:—
1. This Act may be called the Carriage by Air (Amendment) Act, 2016. Short title.
69 of 1972. 2. In the Carriage by Air Act, 1972 (hereinafter referred to as the principal Act), in Amendment
of section
section 4A, after sub-section (5), the following sub-section shall be inserted, namely:—
4A.
“(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.”.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2
Insertion of 3. After section 8 of the principal Act, the following section shall be inserted, namely:—
new section
8A.
Power to make "8A. (1) The Central Government may, by notification in the Official Gazette,
rules. make rules for carrying out the provisions of this Act.
(2) Every rule made and every notification issued under this Act shall be laid, as
soon as may be after it is made or issued, before each House of Parliament, while it is
in session, for a total period of thirty days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or the notification or both Houses agree that the
rule or notification should not be made or issued, the rule or notification shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule or notification.".
DR. REETA VASISHTA,
Additional Secretary to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2016.
GMGIPMRND—5297GI—23-03-2016.