Application of the Warsaw Convention, as amended, to Bangladesh
2. (1) The rules contained in the First Schedule, being the provisions of the Convention for the unification of certain rules relating to international carriage by air known as “the Warsaw Convention as amended at The Hague, 1955”, hereinafter referred to as the Convention, 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) Notwithstanding anything contained in the Fatal Accidents Act, 1855
, or any other law for the time being in force, 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.
(4) 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 rupees 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.
(5) Any reference in the First Schedule-
(a) 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; and
(b) to agents of the carrier shall be construed as including a reference to servants of the carrier.