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AIRCRAFT ACT

Ministry of Law and Justice

Act nº 22 of 1934


  • Amending Acts
  • Act nº 22 of 1934

Preamble

Aircraft Act, 1934

[ Act, No. 22 of 1934]

[9th August, 1934]

PREMBLE

An Act to make better provision for the control of the manufacture, possession, use, operation, sale, import and export of aircraft.

WHEREAS it is expedient to make better provision for the control of the manufacture, possession, use, operation, sate,-import and export of aircraft.

It is hereby enacted as follows: -

Section 1. Short title and extent

(1) This Act may be called The 1[***] Aircraft Act, 1934.

(2) It extends to the whole of India and applies also: -

(a) to citizens of India, wherever they may be; 2[* * *]

(b) to, and to the persons on, aircraft registered in India wherever they may be;

3[(c) to, and to the persons on, aircraft registered outside India but for the time being in or over India; and

(d) to an aircraft operated by a person who is not a citizen of India but has his principal place of business or permanent residence in India.]

1.The word "Indian" omitted by the Aircraft (Amendment) Act (44 of 1960) w.e.f 26.11.1960.

2. Omitted the word "and" by the Aircraft (Amendment) Act, 2007 [Act no. 44 of 2007]

3. Inserted by the Aircraft (Amendment) Act, 2007 [Act no. 44 of 2007]


Section 2. 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, 1 [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,

1 [(2A) "aerodrome reference point", in relation to any aerodrome, means a designated point established in the horizontal plane at or near the geometric center 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.

1. Inserted by the Aircraft (Amendment) Act (12 of 1972) w.e.f. 20.4.1972.


Section 3. 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 4. Power of Central Government to make rules to implement the Convention of 1944

1[Subject to the provisions of section 14, 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.

1. Substituted by the Aircraft (Amendment) Act, 2007 [Act No. 44 of 2007] for the words ""The Central Government".


Section 4A. Safety oversight functions

1[4A. Safety oversight functions.--

The Director General of Civil Aviation or any other officer specially empowered in this behalf by the Central Government shall perform the safety oversight functions in respect of matters specified in this Act or the rules made thereunder.]

1. Inserted by the Aircraft (Amendment) Act, 2007 [Act No. 44 of 2007].


Section 5. Power of Central Government to make rules

(1) 9 [Subject to the provisions of section 14, 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 1 [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 which any of the powers conferred by or under this Act are to be exercised;

2 [(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 licence authorising 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;]

3 [(ac) the information to be furnished by an applicant for, or the holder of, a licence authorising the establishment of an air transport service to such authorities as may be specified in the rules;]

10[(b) the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained and the prohibition or regulation of the use of unlicensed aerodromes;

(ba) the fees which may be charged at those aerodromes to which the Airports Authority of India Act, 1994(55 of 1994) does not apply or is not 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, licences 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;

11[(ga) the licensing of persons engaged in air traffic control;

(gb) the certification, inspection and regulation of communication, navigation and surveillance or air traffic management facilities;

(gc) the measures to safeguard civil aviation against acts of unlawful interference;]

(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;

6 [(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 licence 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 licence or certificate, or of any log-book;

(p) the fees to be charged in connection with any inspection, examination, test, certificate or licence, made, issued or renewed under this Act;

(q) the recognition for the purposes of this Act of licences 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 7 [* *];

7 [(qq) 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.

8 [* * *]

1. Inserted by the Aircraft (Amendment) Act (12 of 1972) w.e.f. 20.4.1972.

2. Clauses (aa) and (ab) inserted by the Aircraft (Amendment) Act (5 of 1944) w.e.f 07.03.1944.

3. Clause (ab) re-lettered as clause (ac) thereof.

4. Substituted bv the International Airports Authority Act (43 of 1971) w.e.f 26.01.1972.

5. Inserted by the National airports Authority Act (64 of 1985) w.e.f 21.05.1986.

6. Inserted by the Aircraft (Amendment) Act (37 of 1939) w.e.f 29.09.1939.

7. The Word "and" omitted and clause (qq) inserted by the Aircraft (Amendment) Act (12 of 1972) w.e.f 20.04.1972.

8. Sub-clause (s) omitted by the Aircraft (Amendment) Act (44 of 1960) w.e.f 26.11.1965.

9. Substituted by the Aircraft (Amendment) Act, 2007 [Act No. 44 of 2007] for the words "The Central Government".

10. Substituted for the following by the Aircraft (Amendment) Act, 2007 [Act No. 44 of 2007]:

"4 [(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 5 [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, 1971any 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;]"

11. Inserted by the Aircraft (Amendment) Act, 2007 [Act No. 44 of 2007].


Section 5A. Power to issue directions

(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 1[clauses (ad), (b), (c), (e), (f), (g), (ga), (gb), (gc), (h), (i), (m) and (qq) of sub-section (2) of section 5, to any person or persons using any aerodrome or engaged in the aircraft operations, air traffic control, maintenance and operation of aerodrome, communication, navigation, surveillance and air traffic management facilities and safeguarding civil aviation against acts of unlawful interference], 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.

1. Substituted by the Aircraft (Amendment) Act, 2007 [Act No. 44 of 2007] for the words, brackets, letters and figures "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".


Section 6. Power of Central Government to make orders in emergency

(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 licences 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.

1[(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 authorise 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 aircraft or thing (if any) in respect of which the offence has been committed, or any part of such, thing, shall be forfeited to Government.

1. Inserted by the Aircraft (Amendment) Act (12 of 1972), w.e.f 20.04.1972.


Section 7. Power of Central Government to make rules for investigation of accidents

(1) 1[Subject to the provisions of section 14, the Central Government may, by notification in the Official Gazette, make rules providing for the investigation of any accident or incident] 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 2[accident or incident] 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 2[accident or incident] has occurred, and authorise 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) authorise or require the cancellation, suspension, endorsement or, surrender of any licence or certificate granted or recognised under this Act when it appears on an investigation that the licence ought to be so dealt with, and provide for the production of any such licence for such purpose.

1. Substituted by the Aircraft (Amendment) Act, 2007 [Act no. 44 of 2007] for the words "The Central Government may, by notification in the Official Gazette, make rules providing for the investigation of any accident".

2. Substituted by the Aircraft (Amendment) Act, 2007 [Act no. 44 of 2007] for the word "accident".


Section 8. Power to detain aircraft

(1) Any authority authorised 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 1[or to implement any order made by any Court.]

(2) 2[Subject to the provisions of section 14, the Central Government] may, by notification in the Official Gazette make rules regulating all matters incidental or subsidiary to the exercise of this power.

1. Inserted by the Aircraft (Amendment) Act (12 of 1972), w.e.f 20.04.1972.

2. Substituted by the Aircraft (Amendment) Act, 2007 [Act No. 44 of 2007] for the words "The Central Government".


Section 8A. Power of Central Government to make rules for protecting the public health

1[Subject to the provisions of section 14, 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 sub-section (1) of section 6 of the Indian Ports Act, 1908, may be made with respect to vessels and ports.

1. Substituted by the Aircraft (Amendment) Act, 2007 [Act No. 44 of 2007] for the words "The Central Government".


Section 8B. 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 not be subject to the condition of the rules being made after previous publication, but such rules shall not remain in force for more than three months from the date of notification:

PROVIDED that the Central Government may by special order continue them in force for a further period or periods of not more than three months in all.

Section 8C. Power of Central Government to make rules for securing safe custody and re-delivery of nclaimed property

1[Subject to the provisions of section 14, the Central Government] may, by notification in the Official Gazette, make rules which may provide for securing the safe custody and re delivery of any property which, while not in proper custody is found on any aerodrome or in any aircraft on any aerodrome and any such rules may, in particular, provide for -

(a) the payment of charges in respect of any such property before it is re-delivered to the person entitled there to and:

(b) the disposal of any such property in cases where the same is not re-delivered to the person entitled thereto before the expiration of such period as may be specified therein.

1. Substituted by the Aircraft (Amendment) Act, 2007 [Act No. 44 of 2007] for the words "The Central Government".


Section 9. Wreck and Salvage

(1) 1[The provisions of Part XIII of the Merchant Shipping Act, 1958] relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal water as they apply to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship.

(2) The Central Government may, by notification in the Official Gazette, make such modifications of the said provisions in their application to aircraft as appear necessary or expedient.

1. Substituted for the words and figures "The provisions of Part VII of the Indian Merchant Shipping Act, 1923" by the Aircraft (Amendment) Act (12 of 1972) w.e.f 20.04.1972.