The Aircraft Act, 1934

Overview and Purpose

The Aircraft Act, 1934, is identified as Act No. 22 of 1934, enacted on 19th August 1934. Its primary purpose is to make better provision for the control of the manufacture, possession, use, operation, sale, import, and export of aircraft.

Short Title and Extent

• Title: The Act is called the Aircraft Act, 1934. The word "Indian" was omitted from the title by Act 44 of 1960, effective from 26th November 1960.
• Extent and Application: The Act extends to the whole of India and applies also to:
  • Citizens of India wherever they may be.
  • Aircraft registered in India, and persons on such aircraft, wherever they may be.
  • Aircraft registered outside India but currently in or over India, and persons on such aircraft.
  • Aircraft operated by a person who is not a citizen of India but has their principal place of business or permanent residence in India.
  • This extension and application were modified by various acts and regulations, including the A.O. 1950, Reg. 6 of 1963 (Dadra and Nagar Haveli, w.e.f. 1st July 1965), Reg. 12 of 1962 (Goa, Daman and Diu, w.e.f. 1st February 1965), Reg. 8 of 1965 (Lakshadweep, w.e.f. 1st October 1967), Act 3 of 1951 (omitting "except the State of Hyderabad"), and Act 44 of 2007 (w.e.f. 1st February 2008).

Definitions

The Act defines several key terms:

• Aircraft: Any machine that derives support in the atmosphere from reactions of the air (excluding reactions against the earth’s surface), including balloons (fixed or free), airships, kites, gliders, and flying machines. This definition was amended by Act 12 of 1972, effective 20th April 1972.
• Aircraft Accidents Investigation Bureau: The Bureau constituted under section 4C. This definition was inserted by Act 13 of 2020, effective 19th September 2020.
• Aerodrome: Any definite or limited ground or water area intended for aircraft landing or departure, including all buildings, sheds, vessels, piers, and other appertaining structures.
• Aerodrome reference point: A designated point in the horizontal plane at or near the geometric centre of the part of an aerodrome reserved for aircraft departure or landing.
• Bureau of Civil Aviation Security: The Bureau constituted under section 4B. This definition was inserted by Act 13 of 2020, effective 19th September 2020.
• Director General of Civil Aviation: The Director General constituted under section 4A. This definition was inserted by Act 13 of 2020, effective 19th September 2020.
• Import: Bringing into India.
• Export: Taking out of India. The term "Provinces" was substituted by "India" in 1948.

Central Government Powers

The Act grants significant powers to the Central Government related to aviation:

• Power to Exempt Certain Aircraft (Section 3): The Central Government may, by notification, exempt any aircraft or class of aircraft, or any person or class of persons, from all or any provisions of the Act, or direct that provisions apply with modifications.
• Power to Make Rules to Implement the Convention of 1944 (Section 4): The Central Government can make rules necessary for carrying out the Convention relating to International Civil Aviation, signed at Chicago on 7th December 1944, including its annexes and amendments. This power is subject to Section 14 (rules to be made after publication). Section 4 was substituted by Act 12 of 1972 (w.e.f. 20th April 1972) and further amended by Act 44 of 2007 (w.e.f. 1st February 2008).
• Power to Make Rules Generally (Section 5):
  • The Central Government may make rules regulating the manufacture, possession, use, operation, sale, import, or export of aircraft and for securing the safety of aircraft operations. This power is subject to Section 14.
  • Specific matters for which rules can be made include:
    • Authorities for exercising powers under the Act.
    • Regulation of air transport services, including licensing.
    • Economic regulation of civil aviation and air transport services, including tariff approval, disapproval, or revision (excluding certain tariffs under the Airports Economic Regulatory Authority of India Act, 2008). "Tariff" includes fares, rates, valuation charges, and other charges for passengers or goods, as well as related rules, regulations, practices, and commission terms.
    • Information required from licence applicants/holders for air transport services.
    • Licensing, inspection, and regulation of aerodromes, and conditions for their maintenance.
    • Fees chargeable at aerodromes not covered by the Airports Authority of India Act, 1994.
    • Inspection and control of aircraft manufacture, repair, and maintenance.
    • Registration and marking of aircraft.
    • Conditions for flying aircraft, carrying passengers/mails/goods, industrial use, and required documents/certificates/licences.
    • Inspection of aircraft for enforcement.
    • Licensing of persons in aircraft operation, manufacture, repair, or maintenance.
    • Licensing of air traffic control personnel.
    • Certification, inspection, and regulation of communication, navigation, surveillance, or air traffic management facilities.
    • Measures to safeguard civil aviation against unlawful interference.
    • Regulation of air navigation services (aeronautical information, charting, meteorological, search and rescue, procedures for air navigation services, and aircraft operations not covered elsewhere).
    • Air-routes and conditions for entering/leaving/flying over India, and landing places.
    • Prohibition of flight over specified areas.
    • Supply, supervision, and control of air-route beacons, aerodrome lights, and lights near aerodromes or air-routes.
    • Installation and maintenance of lights on private property near aerodromes or air-routes, with provisions for payment and access.
    • Signals and apparatus for communication by or to aircraft.
    • Prohibition and regulation of carrying specified articles or substances in aircraft.
    • Measures and equipment for safety of life.
    • Issue and maintenance of log-books.
    • Manner and conditions for issue/renewal of licences/certificates, examinations, tests, form, custody, production, endorsement, cancellation, suspension, or surrender of such documents.
    • Fees for inspections, examinations, tests, certificates, or licences.
    • Recognition of foreign licences and certificates.
    • Prohibition of slaughtering and flaying animals, and depositing rubbish/filth within a radius of ten kilometres from the aerodrome reference point. This clause was inserted by Act 12 of 1972 (w.e.f. 20th April 1972) and re-lettered by Act 13 of 2020 (w.e.f. 19th September 2020).
    • Safety oversight and regulatory functions.
    • Regulatory and oversight functions relating to civil aviation security.
    • Any subsidiary or incidental matters.
• Power to Issue Directions (Section 5A):
  • The Director General of Civil Aviation (DGCA) or other empowered officer may issue directions consistent with the Act and rules for matters specified in section 5(2) clauses (aa), (b), (c), (e), (f), (g), (ga), (gb), (gc), (gd), (h), (i), (m), (qa), and (qb). These directions apply to persons using aerodromes or engaged in aircraft operations, air traffic control, maintenance/operation of aerodromes, communication/navigation/surveillance/air traffic management facilities, and safeguarding civil aviation against unlawful interference. Directions are issued when necessary for India's security or aircraft operations safety.
  • The Director General of Bureau of Civil Aviation Security (DGBACS) or other empowered officer may issue directions regarding matters specified in section 5(2) clauses (e), (f), (gc), and (qc). These apply to persons using aerodromes, or engaged in aircraft operations, air traffic control, maintenance/operation of aerodrome, or safeguarding civil aviation against unlawful interference. Directions are issued when necessary for India's security or civil aviation security.
  • The Central Government can review orders issued by DGCA or DGBACS and direct their rescission or modification if necessary in the public interest.
  • All directions must be complied with.
  • Section 5A was inserted by Act 12 of 1972 (w.e.f. 20th April 1972) and significantly amended by Act 44 of 2007 (w.e.f. 1st February 2008) and Act 13 of 2020 (w.e.f. 19th September 2020).
• Power to Make Orders in Emergency (Section 6): If public safety or tranquility requires it, the Central Government may, by notification, issue orders to:
  • Cancel or suspend licences or certificates.
  • Prohibit or regulate flights over India.
  • Prohibit or regulate erection, maintenance, or use of aerodromes, aircraft factories, flying-schools/clubs, or places where aircraft are manufactured/repaired/kept.
  • Direct delivery of aircraft, aerodromes, factories, schools, clubs, or related machinery/plant/material to Government for public service.
  • Such orders prevail over inconsistent rules made under the Act.
  • Compensation is paid for direct injury or loss due to orders under clauses (c) or (d).
  • The Central Government can authorise steps to secure compliance.
  • Disobedience or contravention is punishable with imprisonment up to three years, or fine, or both, and potential forfeiture of aircraft or related items.
• Power to Make Rules for Investigation of Accidents (Section 7): The Central Government can make rules for investigating accidents or incidents arising out of or in the course of navigation in or over India, or anywhere for aircraft registered in India. This power is subject to Section 14.
  • Rules may require notice of accidents/incidents, apply provisions of other accident investigation laws, prohibit access to or interference with accident aircraft, and authorise cancellation/suspension of licences/certificates based on investigation findings.
  • This section was amended by Act 37 of 1939, Act 44 of 2007 (w.e.f. 1st February 2008).
• Power to Detain Aircraft (Section 8): Any authorised authority may detain aircraft if an intended flight would endanger persons or property, or if detention is necessary to ensure compliance with the Act/rules, or to prevent contravention of rules under section 5(2)(h) or (i), or to implement court orders. The Central Government may make rules regulating matters incidental to this power, subject to Section 14.
• Power to Make Rules for Protecting Public Health (Section 8A): The Central Government may make rules for preventing the introduction or spread of infectious diseases from aircraft arriving at or leaving aerodromes, specifically providing for matters similar to those in Section 6(1)(p) of the Indian Ports Act, 1908. This power is subject to Section 14. Section 8A was inserted by Act 7 of 1936.
• Emergency Powers for Protecting Public Health (Section 8B): If India faces a dangerous epidemic and ordinary laws are insufficient, the Central Government may take necessary measures. It can make temporary rules regarding aircraft, persons, and things carried, and aerodromes. Such rules are not subject to previous publication (Section 14) but remain in force for no more than three months, extendable by special order for periods of up to three months in total. Section 8B was inserted by Act 22 of 1938.
• Power to Make Rules for Unclaimed Property (Section 8C): The Central Government may make rules for securing the safe custody and re-delivery of unclaimed property found on aerodromes or in aircraft on aerodromes. These rules may provide for charges for re-delivery and disposal of unclaimed property after a specified period. This power is subject to Section 14. Section 8C was inserted by Act 12 of 1972 (w.e.f. 20th April 1972).
• Wreck and Salvage (Section 9): Part XIII of the Merchant Shipping Act, 1958 (44 of 1958), relating to Wreck and Salvage, applies to aircraft on or over the sea or tidal water, similar to ships. The owner of an aircraft is entitled to a reasonable reward for salvage services. The Central Government may modify these provisions for aircraft. This section was amended by Act 12 of 1972 (w.e.f. 20th April 1972).
• Power to Prohibit or Regulate Construction of Buildings, Planting of Trees, etc. (Section 9A): For aircraft operations safety, the Central Government may, by notification, direct:
  • No building/structure/tree construction/planting within a radius not exceeding twenty kilometres from the aerodrome reference point. Existing structures/trees may be ordered demolished or cut within a specified period.
  • No building/structure higher than a specified height or tree likely to grow higher than that height shall be constructed/planted within a radius not exceeding twenty kilometres. Existing structures/trees exceeding the specified height must have their height reduced within a specified period.
  • The radius and height are determined considering the nature of aircraft operated and international standards/recommended practices.
  • Notifications must be served on owners/persons in control by delivery, tendering, affixing on premises, or by post.
  • All persons must comply with such directions. Section 9A was inserted by Act 12 of 1972 (w.e.f. 20th April 1972).

Compensation and Appeals

• Payment of Compensation (Section 9B): If any person sustains loss or damage due to directions under Section 9A(1), compensation is paid.
  • The amount is fixed by agreement or by an arbitrator appointed by the Central Government (a person qualified to be a High Court Judge).
  • Assessors with expert knowledge may be nominated by the Central Government and the compensated person.
  • The arbitrator determines a just amount, considering earnings damage, diminution in land market value, damage/expenses for demolition/cutting/reduction, and reasonable expenses for changing residence/business.
  • The arbitrator also decides disputes regarding who is entitled to compensation and apportions the amount.
  • The Arbitration Act, 1940, does not apply to these arbitrations.
  • The award specifies costs and their payment.
• Appeals from Awards (Section 9C): Any person aggrieved by an arbitrator's award under Section 9B may appeal to the High Court within whose jurisdiction the aerodrome is situated, within thirty days of the award date. The High Court may allow late appeals with sufficient cause.
• Arbitrator's Powers (Section 9D): An arbitrator appointed under Section 9B has powers of a civil court under the Code of Civil Procedure, 1908, for matters such as summoning witnesses, discovery/production of documents, reception of evidence on affidavits, requisitioning public records, and issuing commissions for witness examination.
  • Sections 9B, 9C, and 9D were inserted by Act 12 of 1972 (w.e.f. 20th April 1972).

Key Bodies and Authorities

The Act provides for the constitution and functions of specific bodies:

• Directorate General of Civil Aviation (Section 4A):
  • Constituted by the Central Government, headed by a Director General appointed by notification.
  • Responsible for safety oversight and regulatory functions specified in the Act or rules.
  • Administration vests in the Director General.
  • Central Government can authorise other officers/authorities to exercise DGCA powers.
  • Section 4A was substituted by Act 13 of 2020, effective 19th September 2020.
• Bureau of Civil Aviation Security (Section 4B):
  • Constituted by the Central Government, headed by a Director General appointed by notification.
  • Responsible for regulatory and oversight functions related to civil aviation security.
  • Administration vests in the Director General.
  • Central Government can authorise other officers/authorities to exercise DGBACS powers.
  • Section 4B was inserted by Act 13 of 2020, effective 19th September 2020.
• Aircraft Accidents Investigation Bureau (Section 4C):
  • Constituted by the Central Government, headed by a Director General appointed by notification.
  • Responsible for functions related to investigation of aircraft accidents or incidents.
  • Administration vests in the Director General.
  • Central Government can authorise other officers/authorities to exercise DGAAIB powers.
  • Section 4C was inserted by Act 13 of 2020, effective 19th September 2020.
• Superintendence of Central Government (Section 4D): The Central Government has superintendence over the DGCA, BCAS, and AAIB, and can issue directions to them on matters specified in their respective sub-sections (2) of Sections 4A, 4B, and 4C, if deemed necessary and expedient in the public interest. Section 4D was inserted by Act 13 of 2020, effective 19th September 2020.

Penalties and Offences

The Act prescribes various penalties for contraventions:

• Penalty for contravention of rules (Section 10):
  • For contravening rules under Section 5(2)(l) (prohibiting/regulating carriage of arms, explosives, dangerous goods) or providing false information about such goods: Imprisonment up to two years and a fine up to one crore rupees. The owner is also liable unless they prove lack of knowledge, consent, or connivance. This penalty was amended by Act 44 of 2007 (w.e.f. 1st February 2008) and Act 13 of 2020 (w.e.f. 19th September 2020).
  • For contravening rules under Section 5(2)(qa) (prohibiting slaughter/flaying animals, depositing rubbish within ten kilometres of aerodrome reference point): Imprisonment up to three years, or fine up to one crore rupees, or both. This offence is cognizable. This penalty was inserted by Act 50 of 1988 (w.e.f. 23rd September 1988) and amended by Act 44 of 2007 (w.e.f. 1st February 2008) and Act 13 of 2020 (w.e.f. 19th September 2020).
  • For breach of other rules made under Section 4, 7, 8, 8A, or 8B: Imprisonment up to two years, or fine up to one crore rupees, or both. This penalty was amended by Act 44 of 2007 (w.e.f. 1st February 2008) and Act 13 of 2020 (w.e.f. 19th September 2020).
• Adjudication of Penalties (Section 10A):
  • The Central Government may provide for penalties not exceeding one crore rupees for contravention of rules under Sections 4, 5, 7, 8, 8A, or 8B where no other punishment is specified.
  • Designated officers (not below Deputy Secretary to the Government of India or equivalent) are appointed to adjudge penalties, following rules made by the Central Government.
  • Such officers must give a reasonable opportunity of being heard before imposing a penalty.
  • Appeals against penalty orders can be made to an appellate officer (next higher in rank) within thirty days.
  • Section 10A was inserted by Act 13 of 2020, effective 19th September 2020.
• Cancellation of Licence or Certificate or Approval (Section 10B): If any person contravenes the Act or rules, their licence, certificate, or approval may be suspended or cancelled as per rules made by the Central Government. Section 10B was inserted by Act 13 of 2020, effective 19th September 2020.
• Penalty for Flying So As to Cause Danger (Section 11): Wilfully flying an aircraft to cause danger to persons or property (on land, water, or in air) is punishable with imprisonment up to two years, or fine up to one crore rupees, or both. This penalty was amended by Act 44 of 2007 (w.e.f. 1st February 2008) and Act 13 of 2020 (w.e.f. 19th September 2020).
• Penalty for Failure to Comply with Directions Issued Under Section 5A (Section 11A): Wilful failure to comply with Section 5A directions is punishable with imprisonment up to two years, or fine up to one crore rupees, or both. This penalty was inserted by Act 12 of 1972 and amended by Act 44 of 2007 (w.e.f. 1st February 2008) and Act 13 of 2020 (w.e.f. 19th September 2020).
• Penalty for Failure to Comply with Directions Issued Under Section 9A (Section 11B):
  • Wilful failure to comply with directions in Section 9A notifications is punishable with imprisonment up to two years, or fine up to one crore rupees, or both. This penalty was amended by Act 44 of 2007 (w.e.f. 1st February 2008) and Act 13 of 2020 (w.e.f. 19th September 2020).
  • Additionally, if a person fails to demolish/cut/reduce height of a building/structure/tree as directed under Section 9A(1), an officer authorised by the Central Government may do so, subject to rules. This power is subject to Section 14.
• Penalty for Abetment and Attempted Offences (Section 12): Whoever abets or attempts to commit an offence under the Act or rules is liable to the same punishment as for the offence itself.
• Composition of Offences (Section 12A):
  • Offences punishable under Sections 10, 11, 11A, 11B, and 12, or rules made thereunder, may be compounded by the Director General of Civil Aviation, Director General of Bureau of Civil Aviation Security, or Director General of Aircraft Accidents Investigation Bureau, before or after prosecution.
  • This does not apply to repeat offences within five years of a similar compounded or convicted offence.
  • Compounding powers are subject to Central Government direction, control, and supervision.
  • Applications for compounding are made as per rules.
  • If compounded before prosecution, no prosecution is instituted.
  • If compounded after prosecution, notice is given to the court, and the accused is discharged.
  • Composition has the effect of an acquittal.
  • Offences can only be compounded as provided in this section.
  • Section 12A was inserted by Act 13 of 2020, effective 19th September 2020.
• Cognizance of Offences (Section 12B):
  • No court shall take cognizance of any offence under the Act except on a complaint by or with the prior written sanction of the Director General of Civil Aviation, Director General of Bureau of Civil Aviation Security, or Director General of Aircraft Accidents Investigation Bureau.
  • The complaint must be made within one year from the date the offence came to the knowledge of the respective Director General.
  • No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try offences under this Act.
  • Section 12B was inserted by Act 13 of 2020, effective 19th September 2020.
• Power of Court to Order Forfeiture (Section 13): If a person is convicted of an offence punishable under Section 10(1) or under any rule made under Section 5(2)(i), the court may direct forfeiture of the aircraft or article/substance in respect of which the offence was committed, to the Government.

Rule Making and Parliamentary Scrutiny

• Rules to be Made After Publication (Section 14): Any power to make rules under this Act requires previous publication, unless the Central Government dispenses with this condition in the public interest. This section was substituted by Act 69 of 1985 (w.e.f. 16th October 1985).
• Laying of Rules Before Parliament (Section 14A): Every rule made under the Act must be laid before each House of Parliament for a total period of thirty days (which can be in one or more sessions). If both Houses agree to modify or annul the rule, it will take effect only as modified or become ineffective, without prejudice to prior actions. Section 14A was inserted by Act 44 of 1960 (w.e.f. 26th November 1960) and amended by Act 1 of 1983 (w.e.f. 26th March 1983).

Miscellaneous Provisions

• Use of Patented Invention on Aircraft (Section 15): Section 42 of the Indian Patents and Designs Act, 1911, applies to the use of an invention on any aircraft not registered in India, similar to its application for inventions in a foreign vessel.
• Bar of Certain Suits (Section 17): No civil suit for trespass or nuisance shall be brought solely due to aircraft flight at a reasonable height (considering wind, weather, and circumstances) or due to ordinary incidents of such flight.
• Saving for Acts Done in Good Faith (Section 18): No suit, prosecution, or other legal proceeding lies against any person for acts done or intended to be done in good faith under this Act.
• Saving of Application of Act (Section 19):
  • Nothing in this Act or rules (except rules under Section 8A or 8B) applies to aircraft belonging to or exclusively employed by the naval, military, or air forces of the Union, or other armed forces of the Union constituted by law, or persons in such forces connected with such aircraft.
  • However, any aircraft belonging to an armed force other than naval, military, or air forces, which was governed by this Act and rules on the commencement date of the Aircraft (Amendment) Act, 2020, will continue to be so governed until a date specified by the Central Government.
  • The Act does not apply to lighthouses covered by the Indian Lighthouse Act, 1927, or prejudice any authority's rights or powers under that Act.
  • This section was amended by the A.O. 1950, Act 12 of 1972 (w.e.f. 20th April 1972), and Act 13 of 2020 (w.e.f. 19th September 2020).

Repealed Sections

• Section 16: "Power to apply customs procedure" was repealed by the Customs Act, 1962 (52 of 1962), Section 160 and the Schedule (w.e.f. 1st February 1963).
• Section 20: "Repeals" was repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and the Schedule. Original act pdf

Bharatiya Vayuyan Adhiniyam, 2024

The Bharatiya Vayuyan Adhiniyam, 2024, is an Act of Parliament that received the President's assent on December 11, 2024, and was published for general information on the same date.

Here are brief notes about the Act:

Purpose and Scope:

• Objective: The Act provides for the regulation and control of the design, manufacture, maintenance, possession, use, operation, sale, export, and import of aircraft, along with connected or incidental matters.
• Extent: It extends to the whole of India.
• Application: It applies to:
  • Citizens of India, regardless of their location.
  • Aircraft registered in India and persons on board, wherever they may be.
  • Aircraft registered outside India and persons on board, when they are temporarily in or over India.
  • Aircraft operated by non-Indian citizens whose principal place of business or permanent residence is in India.
• Commencement: The Act will come into force on a date appointed by the Central Government through an official notification.

Key Definitions (selected):

• Aerodrome: A definite ground or water area for aircraft landing, departure, and surface movement, including associated structures.
• Aircraft: Any machine that derives support in the atmosphere from air reactions, excluding ground effect.
• Export/Import: Taking out of India and bringing into India, respectively.
• Maintenance: Tasks performed on aircraft, engine, propeller, or associated parts to ensure continuing airworthiness.
• Manufacture: Assembly or production of aircraft, engine, propeller, or parts conforming to design.

Aviation Authorities and their Powers: The Act deems the continued constitution of key aviation bodies that previously existed under the Aircraft Act, 1934:

• Directorate General of Civil Aviation (DGCA): Headed by the Director General of Civil Aviation, responsible for safety oversight and regulatory functions specified in the Act. The Director General or empowered officers can issue directions for security and safety of aircraft operations, which must be complied with.
• Bureau of Civil Aviation Security (BCAS): Headed by the Director General of Bureau of Civil Aviation Security, responsible for regulatory and oversight functions related to civil aviation security. The Director General or empowered officers can issue directions to ensure civil aviation security, which must be complied with.
• Aircraft Accidents Investigation Bureau (AAIB): Headed by the Director General of Aircraft Accidents Investigation Bureau, responsible for investigating aircraft accidents or incidents.

Powers of the Central Government: The Central Government holds significant powers, including:

• Superintendence: Oversees DGCA, BCAS, and AAIB, and can issue directions to them in the public interest.
• Review of Orders: Can review orders issued by the DGCA or BCAS and direct them to rescind or modify such orders.
• Rule-making Authority: Empowered to make rules for various aspects, including:
  • Regulation and safety of aircraft operations, including design, manufacture, maintenance, sale, import, and export.
  • Economic regulation of civil aviation and air transport services, including approval or revision of tariffs.
  • Licensing, inspection, and regulation of aerodromes.
  • Registration and marking of aircraft.
  • Conditions for aircraft flight, carriage of passengers/goods, and use for industrial purposes.
  • Licensing of personnel in aircraft operations, manufacture, repair, maintenance, and air traffic control.
  • Certification and regulation of communication, navigation, surveillance, and air traffic management facilities.
  • Measures to safeguard civil aviation against unlawful interference.
  • Implementation of the Convention on International Civil Aviation (Chicago, December 7, 1944).
  • Issuance of Radio Telephone Operator (Restricted) Certificates and Licences, notwithstanding the Telecommunications Act, 2023.
  • Investigation of aircraft accidents or incidents occurring in or over India, or anywhere for India-registered aircraft.
  • Prevention of danger to public health from infectious diseases introduced by aircraft.
• Emergency Powers (Public Health): If India faces or is threatened by a dangerous epidemic, the Central Government can take necessary measures and make temporary rules, which can remain in force for up to three months (extendable).
• Emergency Powers (Public Safety/Tranquillity): Can cancel/suspend licenses, prohibit/regulate flights, prohibit/regulate aerodromes, and direct delivery of aircraft or facilities for public service. Compensation is payable for direct injury or loss due to these orders. Disobeying such orders is punishable.
• Detention of Aircraft: Authorized authorities can detain aircraft if a flight poses danger, or to ensure compliance with the Act, or to prevent contravention of specific rules.
• Regulation of Construction: Can direct against building construction or tree planting within 20 kilometres of an aerodrome reference point for safety, or direct height reduction of existing structures/trees. Compensation is provided for sustained loss or damage.
• License/Certificate Suspension/Cancellation: Can restrict, suspend, or cancel any licence, certificate, or approval issued under the Act for contravention of provisions, rules, or directions, after providing an opportunity for a hearing.
• Delegation: Can delegate its powers (except rule-making) to DGCA, BCAS, AAIB, or other officers.

Penalties and Offences:

• Dangerous Goods: Contravention of rules regarding dangerous goods carriage is punishable with up to two years imprisonment, or up to one crore rupees fine, or both.
• Environmental Violations near Aerodromes: Contravention of rules prohibiting slaughter/flaying of animals or depositing rubbish within 10 kilometres of an aerodrome reference point is punishable with up to three years imprisonment, or up to one crore rupees fine, or both. This is a cognizable offence.
• General Rule Contraventions: Breach of other rules made under various sections can lead to imprisonment up to two years, or a fine up to one crore rupees, or both.
• Failure to Comply with Directions: Wilful failure to comply with directions from DGCA or BCAS (Sections 4 or 6) is punishable with up to two years imprisonment, or up to one crore rupees fine, or both. Similarly, wilful failure to comply with directions under Section 18 (e.g., related to construction) is punishable with the same penalties. The Central Government can also authorize officers to demolish structures or cut trees if directions are not followed.
• Compounding of Offences: Certain offences (not punishable with imprisonment only or imprisonment and fine) can be compounded by the Director General of Civil Aviation, Bureau of Civil Aviation Security, or Aircraft Accidents Investigation Bureau, for an amount not exceeding one crore rupees. This is not applicable for repeat offences within five years.
• Cognizance of Offences: Courts can only take cognizance of offences upon a complaint made by or with the sanction of the respective Director General (DGCA, BCAS, or AAIB), within one year from the date the offence came to their knowledge. Judicial Magistrate of the first class or higher courts will try these offences.

Repeal and Savings:

• The Aircraft Act, 1934, is hereby repealed.
• Any action taken or anything done under the repealed Act is deemed to have been done or taken under the corresponding provisions of the new Act, provided it is consistent with the new Act. Original act pdf

Comparisons between the two

The Bharatiya Vayuyan Adhiniyam, 2024, repeals and replaces the Aircraft Act, 1934, signifying a comprehensive update to aviation law in India. The changes from the 1934 Act to the 2024 Act introduce new provisions, modify existing ones, and update legal frameworks, reflecting advancements and modern regulatory needs in the aviation sector.

Here are the key changes made from the Aircraft Act, 1934, to the Bharatiya Vayuyan Adhiniyam, 2024:

1. Expanded Scope and Definitions: - The 2024 Act broadens its regulatory scope to explicitly include the "design" and "maintenance" of aircraft, in addition to manufacture, possession, use, operation, sale, export, and import.

   • New definitions for "design," "maintenance," and "manufacture" have been introduced to align with this expanded scope. The term "prescribed" is also newly defined.

2. Continuity and Re-constitution of Authorities:

   • The 2024 Act ensures the continuity of existing aviation regulatory bodies. The Directorate General of Civil Aviation (DGCA), the Bureau of Civil Aviation Security (BCAS), and the Aircraft Accidents Investigation Bureau (AAIB), which were constituted under the 1934 Act, are "deemed to have been constituted" under the new 2024 Act. Their responsibilities and administration largely remain the same, though referenced by new section numbers.
   • The superintendence of these bodies by the Central Government remains consistent, with updated section references.

3. Enhanced Clarity and Enforcement in Directions:

   • The 2024 Act explicitly states that orders issued by the Director General of Civil Aviation (under section 4) and the Director General of Bureau of Civil Aviation Security (under section 6) "shall be complied with by the person to whom such order is issued". This explicit compliance requirement reinforces enforcement.
   • The Central Government retains the power to review and issue directions to rescind or modify orders issued by the Director Generals.

4. Updated and New Rule-Making Powers of the Central Government:

   • The Central Government's power to make rules is detailed in Section 10 of the 2024 Act, corresponding to Section 5 of the 1934 Act. The 2024 Act specifically adds "design" and "maintenance" to the matters that can be regulated by rules.
   • New Regulatory Areas: The 2024 Act introduces new areas for rule-making, such as "certification and licensing of personnel engaged in the operation of radio telephone or telegraph for the conduct of operation and maintenance of aircraft and associated equipment". It also allows for rules regarding the "regulation for control of obstruction limiting surfaces around an aerodrome or communication and navigation services facility".
   • Monetary Penalty Determination: A new explicit power for the Central Government to make rules "to determine the amount of monetary penalty" is included.
   • Radio Telephone Operator (Restricted) Certificate and Licence: Section 11(2) of the 2024 Act introduces a new provision allowing the Central Government to make rules for the issuance of this specific certificate and licence, even overriding the Telecommunications Act, 2023.

5. Modernized Communication Methods:

   • When issuing notifications regarding the prohibition or regulation of construction or tree planting near aerodromes (under section 18), the 2024 Act updates the methods of service to include "mail or any other electronic means", reflecting current communication practices.

6. Revised Legal References and Clarifications:

   • The 2024 Act updates references to other legislation, such as replacing the "Arbitration Act, 1940" with the "Arbitration and Conciliation Act, 1996" for compensation arbitrations, and the "Indian Patents and Designs Act, 1911" with the "Patents Act, 1970".
   • For offences related to slaughtering/flaying animals near aerodromes, the 2024 Act explicitly states that the offence is cognizable "Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023". Similar "Notwithstanding" clauses are added for compounding and cognizance of offences, indicating interactions with the new Bharatiya Nagarik Suraksha Sanhita, 2023.

7. Refined Penalties and Adjudication Process:

   • Compounding of Offences: The 2024 Act specifies that offences "not being an offence punishable with imprisonment only, or punishable with imprisonment and also with fine" may be compounded. It also sets a maximum compounding amount of "not exceeding one crore rupees".
   • Cognizance of Offences: The 2024 Act specifies that no court inferior to that of a "Judicial Magistrate of the first class" shall try offences under the Act, updating the previous reference to "Metropolitan Magistrate or a Magistrate of the first class".
   • Adjudication of Penalties: A significant addition in Section 32(4) of the 2024 Act is a proviso stating that a designated officer "shall not proceed for imposition of penalty… if an action under this Act other than the imposition of such penalty has been initiated for contravention of same provision on the same cause of action". This aims to prevent overlapping punitive actions for the same offence.

8. Structured Appeals Process:

   • The 2024 Act introduces a more layered appeal mechanism. It establishes a "First Appellate Officer" and a "Second Appellate Officer" for appeals against orders concerning licence suspension/cancellation or adjudicated penalties.
   • Notably, appeals against orders passed by the Director General of Civil Aviation or the Director General of Bureau of Civil Aviation Security will directly lie with the Central Government, and no further appeal will be permitted against the Central Government's order.

9. Procedural Safeguards for Licences/Certificates/Approvals:

   • Section 19 of the 2024 Act details the power to restrict, suspend, or cancel licences, certificates, or approvals. It mandates that such orders must be in writing, state the nature of contravention, provide reasons, and generally give an "opportunity of being heard" to the person concerned, unless rules specify immediate effect.

10. Power to Remove Difficulty:

    • A new provision (Section 42) has been added to the 2024 Act, allowing the Central Government to issue orders to remove any difficulties in giving effect to the Act's provisions for a period of two years from its commencement. This is a common clause in new legislation to facilitate smooth implementation.

In essence, the 2024 Act serves as a modernized and comprehensive legal framework for civil aviation in India, replacing the outdated 1934 Act while ensuring legal continuity. It expands the regulatory ambit, updates terminology, refines enforcement mechanisms, and incorporates contemporary legal and technological considerations.

Bharatiya Vayuyan Vidheyak, 2024

01-08-2024 The Hindu

• Relief to aspiring pilots and other aviation personnel,
• the Civil Aviation Minister, K. RammohanNaidu has proposed in the new Bharatiya Vayuyan Vidheyak, 2024 to bring the examination used to test the use of radio communication equipment on aircraft within the ambit of the Directorate General of Civil Aviation (DGCA) from Dept of Telecom.
• Now, pilots as they can secure all their certificates from one authority.
• It is an open secret in the industry that the RTR exam is the toughest to crack due to allegedly widespread corruption.
• Aspiring pilots said that if the proposal came through, they would be able to appear for the RTR exam in any of the DGCA’s 14 exam centres.
• The exam is also conducted for aircraft maintenance engineers and flight despatchers.
• To replace the Aircraft Act of 1934, was tabled in the Lok Sabha on Wednesday.

The Statement of Objects and Reasons states that the Bill is being introduced because the 90 year-old Aircraft Act has been amended several times and “a need is felt to address the ambiguities and confusion experienced by the stakeholders, to remove redundancies, to enable ease of doing business and to provide for manufacture and maintenance in the aviation sector”.

• protest by Kerala MP N.K. Premachandran, who questioned why the name of the statute was in Hindi alone.
• He said the Constitution mandated that Bills brought to Parliament should be in English.

“For people from South India, it is very difficult to even pronounce Bharatiya Vayuyan Vidheyak. What is the logical reason behind this? I am questioning the legislative competence of the Bill,” the MP said.