Act 051 of 2000 : Aircraft (Amendment) Act, 2000

Preamble

Aircraft (Amendment) Act, 20001

[Act 51 of 2000, Repealed by Act 23 of 2016*][11th December, 2000]

An Act further to amend the Aircraft Act, 1934

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

1 Received the assent of the President on 11-12-2000 and published in the Gazette of India, Extra., Part II, Section 1, dated 11-12-2000, p. 1, No. 66.

* Ed.: Act 51 of 2000 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016:

"4. Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

SOR Statement of Objects and Reasons

Prefatory Note-Statement of Objects and Reasons.-The movement of a cargo in India is, at present, subjected to physical examination, X-ray screening, or 24 hours cooling off. These security procedures prescribed for the movement of cargo entail wastage of time and energy since the consignment cannot be straightaway carried into the aircraft.

2. It has been felt over a period of time that the above procedure is tedious and has been hindering the speedy movement of air cargo. With a view to remedying the situation, the Government of India has decided to introduce the scheme called the "Known Shippers" under which the prescribed security measures could be adopted by the identified "Known Shippers" at their own site and cargo consignment could be accepted directly by air carriers on the basis of their certification stating that the consignment is safe for air transportation.

3. The implementation of the scheme will be subject to satisfactory observance of security norms by the "Known Shippers". In order to enforce the scheme, a notification will be issued by the Commissioner of Security (Civil Aviation) under Section 5-A of the Aircraft Act, 1934, in consultation with the Central Government. The violation of directions issued under the said notification shall be punishable under Section 11-A of the said Act. As the punishment provided under Section 11-A is not deterrent enough, it is proposed to amend that section so as to enhance the upper limit of fine from one thousand rupees to ten lakh rupees.

4. The Bill seeks to achieve the aforesaid objects.

Section 1. Short title and commencement

1. Short title and commencement.-(1) This Act may be called the Aircraft (Amendment) Act, 2000.

(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 11-A of Act 22 of 1934

2. Amendment of Section 11-A of Act 22 of 1934.-In Section 11-A of the Aircraft Act, 1934, for the words "with fine which may extend to one thousand rupees", the words "with fine which may extend to ten lakh rupees" shall be substituted.

SECTIONS