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AIRCRAFT ACT, 1934
22 OF 34
9TH AUG 1934
Whereas the draft of the Aircraft (Carriage of Dangerous Goods) Rules, 2002 was published as required by Section 14 of the Aircraft Act, 1934 (22 of 1934) in the Gazette of India, Part II, Section 3, sub-section (i), dated the 27th July, 2002 with the notification of the Government of India in the Ministry of Civil Aviation, Number GSR 289, dated the 12th July, 2002 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of forty-five days from the date on which copies of the Gazette of India in which the said notification was published, were made available to the public; And whereas copies of the said Gazette of India were made available to the public on 27th July, 2002; And whereas no objections or suggestions have been received on the said draft rules; Now, therefore, in exercise of the powers conferred by Section 5 of the said Act, the Central Government hereby makes the following rules further to amend the
Aircraft Rules, 1937, namely:
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called The Aircraft Act, 1934.
(2) It extends to the whole of India and applies also-:
(a) to citizens of India, wherever they may be; and
(b) to, and to the persons on, aircraft registered in India wherever they may be.]
SECTION 02: DEFINITIONS
In this Act, unless is anything repugnant in the subject or context,-
(1) "Aircraft" means any machine which can derive support in the atmosphere from reactions of the air, Other than reactions of the air against the earth's surface] and includes balloons, whether fixed or free, airships, kites, gliders and flying machines.
(2) "Aerodrome" means any definite or limited ground or water area intended to be used, either wholly or in part, for the lending or departure of aircraft, and includes all buildings, sheds, vessels, piers and other structures thereon or appertaining thereto, (2A) "aerodrome reference point", in relation to any aerodrome, means a designated point established in the horizontal plane at or near the geometric centre of that part of the aerodrome reserved for the departure or landing of aircraft;
(3) "Import" means bringing into [India]; and
(4) "Export" means taking out of [India].
SECTION 03: POWER OF CENTRAL GOVERNMENT TO EXEMPT CERTAIN AIRCRAFT
The [Central Government] may; by notification in the [Official Gazette], exempt from [all or any of the provisions of this Act] any aircraft or class of aircraft and any person or class of persons or may direct that such provisions shall apply to such aircraft or persons subject to such modifications as may be specified in the notification.
SECTION 04: POWER OF CENTRAL GOVERNMENT TO MAKE RULES TO IMPLEMENT THE CONVENTION OF 1944.
The Central Government may, by notification in the Official Gazette, make such rules as appear to it to be necessary for carrying out the Convention relating to International Civil Aviation signed at Chicago on the 7th day of December, 1944 (including any Annex thereto relating to international standards and recommended practices) as amended from time to time.]
SECTION 05: POWER OF CENTRAL GOERNMENT TO MAKE RULES.
(1) The [Central Government] may, by notification in the [Official Gazette], make rules regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft [and for securing the safety of aircraft operation.].
(2) Without prejudice to the generality of the foregoing power such rules may provide for
(a) The authorities by whom any of the powers conferred by or under this Act are to be exercised;
(aa) the regulation of air transport services, and the prohibition of the use of aircraft in such services except under the authority of and in accordance with a license authorizing the establishment of the service; (ab) the economic regulation of civil aviation and air transport services, including the approval, disapproval or revision of tariff of operators of air transport services; the officers or authorities who may exercise powers in this behalf; the procedure to be followed, and the factors to be taken into account by such officers or authorities; appeals to the Central Government against orders of such officers or authorities and all other matters connected with such tariff. Explanation.- For the purposes of this clause, "tariff" includes fares, rates, valuation charges and other charges for air transport of passengers or goods, the rules, regulations, practices or services affecting such fares, rates, valuation charges and other charges and the rate's terms and conditions of commission payable to passenger or cargo sales agents; (ac) the information to be furnished by an applicant for, or the holder of, a license authorizing the establishment of an air transport service to such authorities as may be specified in the rules;
(b) the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained, the prohibition or regulation of the use of unlicensed aerodromes and the fees which may be charged at those aerodromes to which the International Airports Authority Act, 1971 or the National Airports Authority Act, 1985 does not apply or is not made applicable: Provided that until the date determined by the Central Government -under the proviso to sub-section (2) of section 16 of the International Airports Authority Act, 1971 any rule made under this clause may provide for the charging of fees for providing air traffic services (including aeronautical and flight information services), aeronautical communication and navigational aids and meteorological services at any aerodrome to which the said Act applies or is made applicable;
(c) the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are being manufactured, repaired or kept;
(d) the registration and marking of aircraft;
(e) the conditions under which aircraft may be flown, or may carry passengers, mails or goods; or may be used for industrial purposes and the certificates, licenses or documents to be carried by aircraft;
(f) the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules there under, and the facilities to be provided for such inspection.
(g) the licensing of persons employed in the operation, manufacture, repair or maintenance of aircraft;
(h), the air-routes by which and, the conditions under which aircraft may enter or leave India, or may fly over India, and the places at which aircraft shall land;
(i) The prohibition of flight by aircraft over any specified area, either, absolutely or at specified times or subject to specified conditions and exceptions;
(j) The supply, supervision and control of air-routes beacons, aerodrome lights, and lights at or in the neighborhood of aerodromes or on or in the neighborhood of air-routes;
(jj) the installation and maintenance .of lights on private property in the neighborhood of aerodromes or on or in the neighborhood of air-routes by the owners or occupiers of such property, the payment by the Central Government for such installation and maintenance, and the supervision and control of such installation and maintenance, including the right of access to the property for such purposes;
(k) The signals to be used for purposes of communication by or to aircraft and the apparatus to be employed in signaling;
(l) the prohibition and regulation of the carriage in aircraft of any specified article or substance;
(m) the measures to be taken and the equipment to be carried for the purpose of ensuring the safety of life;
(n) the issue and maintenance of log-books; .
(o) the manner and conditions of the issue or renewal of any license or certificate under the Act or the rules, the examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender of such license or certificate, or of any log-book;
(p) the fees to be charged in connection with any inspection, examination, test, certificate or license, made, issued or renewed under this Act;
(q) the recognition for the purposes of this Act of licenses and certificates issued elsewhere than in India relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft;
(qa) the prohibition of slaughtering and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matter within a radius of ten kilometers from the aerodrome reference point; and
(r) Any matter subsidiary or incidental to the matters referred to in this sub-section.
SECTION 05A: POWER TO ISSUE DIRECIONS
(1) The Director General of Civil Aviation or any other officer specially empowered in this behalf by the Central Government may, from time to time, by order, issue directions, consistent with the provisions of this act and the rules made there under, with respect to any of the matters specified, in clauses (b), (c), (e), (f), (g), (h) and (m) of sub-section (2) of section 5- , to any person or persons engaged in aircraft operations or using any aerodrome, in any case where the Director General of Civil Aviation or such other Officer is satisfied that in the interests of the security of India or for securing the safety of aircraft operations it is necessary so to do.
(2) Every direction issued under sub-section (l) shall be complied with by the person or persons to whom such direction is issued.
SECTION 06: POWER OF CENTRAL GOVERNMENT TO MAKE ORDERS IN EMERGENY.
(1) If the [Central Government] is of opinion that in, the interest of the public safety or tranquility the issue of all or any of the following orders is expedient, [it] may, by notification in the Official Gazette
(a) cancel or suspend, either absolutely or subject to such conditions as [it] may think fit to specify in the order, all or any licenses or certificates issued under this Act;
(b) prohibit either absolutely or subject to such conditions as [it] may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of [India],
(c) prohibit, either absolutely, or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, or any class or description thereof; and
(d) direct that any aircraft or class of aircraft or any aerodrome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either forthwith or within a specified time, to such authority and in such manner as [it] may specify in the order, to be at the disposal of [Government] for the public service. (1A) any order made under sub-section (1) shall have effect notwithstanding anything inconsistent therewith contained in any rule made under this Act.]
(2) Any person who suffers direct injury or loss by reason of any order made under clause (c) or clause (d) of sub-section (1) shall be paid such compensation as may be determined by such authority as the [Central Government] may appoint- in this behalf.
(3) The [Central Government] may authorize such steps to be taken to secure compliance with any order made under sub-section (1) as appear to [it] to be necessary.
(4) Whoever knowingly disobeys, or fails to comply with, or does any act in contravention of, an order made under sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and the Court by which he is convicted may direct that the [Government].
SECTION 07: POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR INVESTIGATION OF ACCIDENTS.
(1) The [Central Government] may, by notification in the d [Official Gazette], make rules providing for the investigation of any accident arising out of or in the course of the navigation-
(a) in or over [India].of any aircraft, or
(b) anywhere of aircraft registered in [India]]
(2) Without prejudice to the generality of the foregoing power, such rules may-
(a) require notice to be given of any accident in such manner and by such person as may be prescribed;
(b) apply for the purposes of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents;
(c)prohibit pending investigation access; to or interference with aircraft to which an accident has occurred, and authorize any person so far as may be necessary for the purposes of an investigation to have access to examine, remove, take measures for the preservation of or otherwise deal with any such aircraft; and
(d) authorize or require the cancellation, suspension, endorsement or, surrender of any license or certificate granted or recognized under this Act when it appears on an investigation that the license ought to be so dealt with, and provide for the production of any such license for such purpose.
SECTION 08: POWER TO DETAIN AIRCRAFT.
(1) Any authority authorized in this behalf by the [Central Government] may detain any aircraft, if in the opinion of such authority--
(a) Having regard to the nature of an intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons or property, or,
(b) such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule made under [clause (h) or clause (i) of sub-section (2) of section 5- ] [or to implement any order made by any Court.]
(2) The [Central Government] may, by notification in the [Official Gazette] make rules regulating all matters incidental or subsidiary to the exercise of this power.
SECTION 08A: POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR PROTECTING THE PUBLIC HEALTH
The [Central Government] may, by notification in the [Official Gazette make rules for the prevention of danger arising to the public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, rules providing for any of the matters for which rules under sub-clauses (i) to (viii) of clause (p) of subsection (1) of section 6 of the Indian Ports Act, 1908 , may be made with respect to vessels and ports.]
SECTION 08B: EMERGENCY POWERS FOR PROTECTING THE PUBLIC HEALTH
(1) If the Central Government is satisfied that India or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger.
(2) In any such case the Central Government may, without prejudice to the powers conferred by section 8A, by notification in the Official Gazette, make, such temporary rules with respect to aircraft and persons traveling or things carried therein and aerodromes as it deems necessary in the circumstances.
(3) Notwithstanding anything contained in section 14, the power to make rules under sub-section (2) shall no
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