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AIRCRAFT (AMENDMENT) ACT 2007

Ministry of Law and Justice

Act nº 44 of 2007


  • Act nº 44 of 2007

Preamble

THE AIRCRAFT (AMENDMENT) ACT, 2007

[Act No. 44 of 2007]

[5th December, 2007]

PREAMBLE

An Act further to amend the Aircraft Act, 1934.

Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:

Section 1. Short title and commencement

(1) This Act may be called the Aircraft (Amendment) Act, 2007.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of section 1

In section 1 of the Aircraft Act, 1934(22 of 1934) (hereinafter referred to as the principal Act), in sub-section (2),

(i) in clause (a), the word "and" shall be omitted;

(ii) after clause (b), the following clauses shall be inserted, namely:

"(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.".

Section 3. Amendment of section 4

In section 4 of the principal Act, for the words "The Central Government", the words and figures "Subject to the provisions of section 14, the Central Government" shall be substituted.

Section 4. Insertion of new section 4A

After section 4 of the principal Act, the following section shall be inserted, namely:

"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.".

Section 5. Amendment of section 5

In section 5 of the principal Act,

(a) in sub-section (1), for the words "The Central Government", the words and figures "Subject to the provisions of section 14, the Central Government" shall be substituted;

(b) in sub-section (2),

(i) for clause (b), the following clauses shall be substituted, namely:

"(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;";

(ii) after clause (g), the following clauses shall be inserted, namely:

"(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;".

Section 6. Amendment of section 5A

In section 5 A of the principal Act, in sub-section (1), 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", the words, brackets, letters and figures "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" shall be substituted.

Section 7. Amendment of section 7

In section 7 of the principal Act,

(a) in sub-section (1), for the portion beginning with the words "The Central Government", and ending with the words "of any accident", the words and figures "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" shall be substituted;

(b) in sub-section (2), for the word "accident" wherever it occurs, the words "accident or incident" shall be substituted.

Section 8. Amendment of section 8

In section 8 of the principal Act, in sub-section (2), for the words "The Central Government", the words and figures "Subject to the provisions of section 14, the Central Government" shall be substituted.

Section 9. Amendment of section 8A

In section 8A of the principal Act, for the words "The Central Government", the words and figures " Subject to the provisions of section 14, the Central Government" shall be substituted.

Section 10. Amendment of section 8C

In section 8C of the principal Act, for the words "The Central Government", the words and figures "Subject to the provisions of section 14, the Central Government" shall be substituted.

Section 11. Amendment of section 10

In section 10 of the principal Act,

(i) in sub-section (1), for the word "fine", the words "fine which may extend to ten lakh rupees" shall be substituted;

(ii) in sub-section (1A), for the words "one year, or fine which may extend to two thousand rupees", the words "three years, or with fine which may extend to ten lakh rupees" shall be substituted;

(iii) in sub-section (2),

(a) for the word and figure "section 7", the words and figures "section 4, section 7" shall be substituted;

(b) for the words "three months, or with fine which may extend to one thousand rupees", the words "two years, or with fine which may extend to ten lakh rupees" shall be substituted.

Section 12. Amendment of section 11

In section 11 of the principal Act, for the words "six months, or with fine which may extend to one thousand rupees", the words "two years, or with fine which may extend to ten lakh rupees" shall be substituted.

Section 13. Amendment of section 11A

In section 11A of the principal Act, for the words "six months", the words "two years" shall be substituted.

Section 14. Amendment of section 11B

In section 11B of the principal Act,

(a) in sub-section (1), for the words "six months, or with fine which may extend to one thousand rupees", the words "two years, or with fine which may extend to ten lakh rupees" shall be substituted;

(b) in sub-section (2), the following proviso shall be inserted, namely:

"Provided that the power to make rules under this sub-section shall be subject to the provisions of section 14.".