Aircraft Act, 1934
Whereas it is expedient to make better provision for the control of the manufacture, possession, use, operation, sale, import and export of aircraft;
It is hereby enacted as follows:
statement of objects and reasons
Aerial navigation in British India is at present governed by the Indian Aircraft Act, 1911, and the rules made thereunder. In 1919 an International Convention for the regulation of aerial Navigation was signed by the plenipotentiaries of 27 countries, with the object of establishing regulations of universal application and of encouraging peaceful intercourse with nations by means of aerial communications. To this Convention India was a signatory.
The Convention deals with all questions relating to international aerial navigation, and also provides for the institution of a permanent International Commission for Air Navigation with very wide powers as regards the formulation of rules for the marking of aircraft the grant of certificates, rules of the air and so forth. This Commission meets from time to time to amend the annexes of the Convention, which contain the detailed rules to be observed by the aircraft of all signatory States, and by all aircrafts when within the borders of those States.
For some years past the inadequacy of the Indian Aircraft Act, 1911, has been increasingly felt, and the stage has now been reached where it is no longer possible to control air traffic efficiently, or to implement India's international obligations without fresh legislation. The present Bill, therefore, is designed to enlarge the rule making powers of the Governor-General in Council in order to meet modern developments to enable Government to give full effect to the provisions of the International Convention and its annexes, and to provide for certain other matters on which legislation has become necessary.
statement of objects and reasons amending act 44 of 1960
Section 5 of the Indian Aircraft Act, 1934, inter alia authorises rules being made for the prohibition and regulation of the carriage in aircraft of any specified article or substance, and Rule 8 of the Indian Aircraft Rules, 1937, regulates the transport by air of dangerous goods. Cases have occurred where packages containing dangerous goods have been presented by certain parties for goods carriage by air to operators with a false declaration as to the nature of the contents. While the carriage of such articles can result in loss of human lives and enormous financial loss, the maximum punishment which can be awarded under Section 10 for breach of the said Rule 8 is imprisonment for a term not exceeding three months, or fine of any amount not exceeding Rs 1000, or both. This punishment is not considered adequate. It is, therefore, proposed to enhance the punishment for carriage of such goods in contravention of the Indian Aircraft Rules or for giving false information in relation to such goods, and to make the owner also liable in certain cases.
statement of objects and reasons amending act 12 of 1972
Due to rapid changes in aviation the last few years, it has become necessary to amend the Aircraft Act, 1934, suitably to meet with the changed situation.
2. Vultures and other large birds in the vicinity of aerodromes have been a source of considerable damage to costly engines and a grave risk to aircraft operations. Slaughtering animals and dunspuig rubbish in the vicinity of aerodromes attract birds and thus constitute a potential danger. It is proposed to prohibit, by rules, the slaughtering of animals, dumping of rubbish, etc., within a radius of ten kilometres from the aerodrome reference point.
3. At present unclaimed property found in aerodromes and other places and premises under the control of the Civil Aviation Department is being handed over to the police who normally dispose of such property in accordance with the provisions of the Indian Police Act, 1861. The present system puts the owner of the lost property, who may be a passenger or an aircraft, to a great inconvenience as it is often difficult for him to contact the police stations. The situation becomes more difficult for a foreigner who is in India only for a short period. It is, therefore, considered that in the interest of the travelling public, the custody and disposal of such lost property be entrusted to aerodrome officers or the analogy of the procedure obtaining in the Railways and Posts and Telegraphs. It is, accordingly, proposed to make a provision in the Act empowering the Central Government to make rules in this regard.
4. Hazards to aircraft operations also arise as a result of constructing buildings and structures in the vicinity of aerodromes, above a certain height. The present procedure of regulating construction of buildings, etc., through municipal bye-laws is cumbersome and is often ineffective. It is proposed to take power to prohibit completely the construction of buildings, erection of structures and planting of trees in the vicinity of aerodromes, that is to say, within such radius not exceeding twenty, kilometres from the aerodrome reference point as the Central Government may specify in the notification to be issued for the purpose. It is also proposed to take power to regulate the height of buildings, structures and trees in the vicinity of aerodromes, that is to say, within such radius not exceeding twenty kilometres from the aerodrome reference point as the Central Government may specify in the notification to be issued for the purpose. Every person sustaining any loss or damage in consequence of any such prohibition or regulation is proposed to be compensated for such loss or damage.
5. Sub-section (1) of Section 19 of the Act saves aircraft employed in the naval, military or air forces of the Union from the provisions of any order or rules made under the Act, It is proposed to amend this section so that the health rules made under Section 8-A and the emergency powers exercised for protecting public health under Section 8-B could be made applicable to military aircraft coming from yellow fever infected areas. This is considered essential in the interest of public health.
6. The Bill mainly seeks to achieve the above objectives. The other amendments proposed in the Bill are only minor ones which have become necessary from the experience gained in the working of the Act.
statement of objects and reasons amending act 1 of 1983
Section 5 of the Aircraft Act, 1934, empowers the Central Government to make rules inter alia for the regulation of air transport services and the authorities by which powers conferred by or under the Act may be exercised. The Committee on subordinate legislation of the Sixth Lok Sabha (12th Report) have recommended that the section might be suitably amended so that the authority expressly flows therefrom for authorising the Director-General of Civil Aviation to approve, disapprove or revise the fares, etc., if the tariffs of operators of air transport services. It is proposed to give effect to this recommendation by amending sub-section (2) of Section 5 of the Act so as to enumerate therein expressly the matters mentioned by the committee and all other important matters regarding the economic regulation of civil aviation and air transport services as matters with respect to which rules may be made under the section.
2. It is proposed to avail of the present opportunity to amend Section 14-A of the Act relating to laying of rules before Parliament so as to bring the same into conformity with the latest formula on the subject as approved by the Committee on Subordinate Legislation.
3. The Bill seeks to achieve the above objects.
statement of objects and reasons amending act 69 of 1985
Section 14 of the Aircraft Act, 1934, as originally enacted provided that the power to make rules conferred by the Act is subject to the conditions of the rules being made after previous publication for a period of not less than three months . As a result of this provision, except in cases falling under Section 8-B of the Act, it was not possible to make rules for the purposes of the Act without previous publication of the same for a period of not less than three months.
2. In connection with the formal investigation into the accident involving the crash of Air India's Boeing 747-2378 Aircraft VT-EFO Kanishka on the 23rd June, 1985 in the North Atlantic Sea, the Court holding the investigation recommended that the Aircraft Rules, 1937, should be amended without delay to facilitate the holding of some of the proceedings of the Court in camera. In view of the urgency of the matter and with a view to covering all contingencies in which it may not be practicable to comply with the condition of previous publication for three months, the President promulgated on the 16th October, 1985 the Aircraft (Amendment) Ordinance, 1985, for substituting for Section 14 of the Act a new section. The new section retains the condition of previous publication of rules made under the Act without laying down any minimum period of such publication. It also empowers the Central Government to dispense with, in the public interest. The condition of previous publication in any case.
3. The Bill seeks to replace the above Ordinance.
statement of objects and reasons amending act 50 of 1988
In recent times, bird strikes to aeroplanes near aerodromes have increased in number and consequent damages to aircraft have multiplied. Any damage to an aircraft causes heavy financial losses and causes death to passengers sometimes. The presence of large number of birds near airports is mainly due to slaughter and flaying of animals and of deposit of rubbish, filth and other polluted and obnoxious substances around aerodromes. The penalty provided in the existing law against such deposit of harmful materials which induces the presence of birds is not severe enough to act as an effective deterrent. The offence is also not cognizable and as such the offenders cannot be arrested immediately. With the result, no preventive action can be taken on the spot.
2. It is therefore, proposed to amend Section 10 of the Aircraft Act to provide for stringent punishment for contravention of any provision of any rule prohibiting the slaughter and flaying of animals and depositing rubbish and filth, etc. around aerodromes.
3. The Bill seeks to achieve the above object.
statement of objects and reasons amending act 51 of 2000
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 straightway 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 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 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; 1[* * *]
(b) to and to the persons on aircraft registered in India wherever they may be.
2[(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 2. Definitions
In this Act unless there 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, 3[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 landing or departure of aircraft, and includes all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto;
4[(2-A) 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 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
5[6[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.]
7[4-A. 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. Power of Central Government to make rules
(1) 8[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 9[and for securing the safety of aircraft operations].
(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;
(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 service;
10[(ab) The economic regulation of civil aviation and air transport services, including the approval, disapproval 11[or revision on tariff of operators of air transport services [other than the tariff referred to in clause (a) of sub-section (1) of Section 13 of the Airports Economic Regulatory Authority of India Act, 2008]]; 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 rates; terms and conditions of commission payable to passenger or cargo sales agents;]
12[(ac)] the information to be furnished by an applicant for, or the holder of, a licence establishing the establishment of an air transport service to such authorities as may be specified in the rules;
13[(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, 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 thereunder, and the facilities to be provided for such inspection;
(g) the licensing of persons employed in the operation, manufacture, repair or maintenance of aircraft;
14[(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-route beacons, aerodrome lights, and lights at or in the neighbourhood of air-routes;
(jj) the installation and maintenance of lights on private property in the neighbourhood or on or in the neighbourhood 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 signalling;
(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 examination 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 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; 15[* * *]
16[(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 kilometres from the aerodrome reference point; and]
(r) any matter subsidiary or incidental to the matters referred to in this sub-section.
17[5-A. 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 thereunder, with respect to any of the matters specified in 18[clauses (aa), (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 of securing the safety of aircraft operations it is necessary so to do.
(2) Every direction issued under sub-section (1) shall be complied with by the person or persons to whom such direction is issued.]
Section 6. Power of Central Government to make orders in emergency
(1) If the Central Government is of opinion that in the interests of the pubic safety or tranquillity 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 of 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.
19[(1-A) 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.
Section 7. Power of Central Government to make rules for investigation of accidents
(1) 20[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 21[accident or incident] in such manner and by such person as may be prescribed;
(b) apply for the purposes of such investigations, either with or without modification, the provision of any law for the time being in force relating to the investigation of 22[accidents or incidents];
(c) prohibit pending investigation access to or interference with aircraft to which an 23[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.
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 5 24[or to implement any order made by any court].
(2) 25[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.
8-A. Power of Central Government to make rules for protecting the public health. 26[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 (15 of 1908), may be made with respect to vessels and ports.
8-B. 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 8-A, by notification in the Official Gazette, make such temporary rules with respect to aircraft and persons travelling 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.
27[8-C. Power of Central Government to make rules for securing safe custody and re-delivery of unclaimed property. 28[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 thereto; 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.
Section 9. Wreck and salvage
(1) 29[The provisions of Part XIII of the Merchant Shipping Act, 1958 (44 of 1958) relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal waters 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.
30[9-A. Power of Central Government to prohibit or regulate construction of buildings, planting of trees, etc. (1) If the Central Government is of opinion that it is necessary or expedient so to do for the safety of aircraft operations, it may, by notification in the Official Gazette,
(i) direct that no building or structure shall be constructed or erected, or no tree shall be planted, on any land within such radius, not exceeding twenty kilometres from the aerodrome reference point, as may be specified in the notification and where there is any building, structure or tree on such land, also direct the owner or the person having control of such building structure or tree to demolish such building or structure or, as the case may be, to cut such tree within such period as may be specified in the notification;
(ii) direct that no building or structure higher than such height as may be specified in the notification shall be constructed or erected, or no tree, which is likely to grow or ordinarily grows higher than such height as may be specified in the notification, shall be planted, on any land within such radius, not exceeding twenty kilometres from the aerodrome reference point, as may be specified in the notification and where the height of any building or structure or tree on such land is higher than the specified height, also direct the owner or the person having control of such building, structure or tree reduce the height thereof so as not to exceed the specified height, within such period as may be specified in the notification.
(2) In specifying the radius under clause (i) or clause (ii) of sub-section (1) and in specifying the height of any building, structure or tree under the said clause (ii), the Central Government shall have regard to
(a) the nature of the aircraft operated or intended to be operated in the aerodrome; and
(b) the international standards and recommended practices governing the operations of aircraft.
(3) Where any notification has been issued under sub-section (1) directing the owner or the person having control of any building, structure or tree to demolish such building or structure or to cut such tree or to reduce the height of any building, structure or tree, a copy of the notification containing such direction shall be served on the owner or the person having the control of the building, structure or tree, as the case may be,
(i) by delivering or tendering to such owner or person; or
(ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain; or failing service by these means;
(iii) by post.
(4) Every person shall be bound to comply with any direction contained in any notification issued under sub-section (1).
9-B. Payment of Compensations. (1) If in consequence of any direction contained in any notification issued under sub-section (1) of Section 9-A, any person sustains any loss or damage, such person shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is or has been qualified for appointment as a Judge of a High Court;
(c) the Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the loss or damage suffered by the person to be compensated and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;
(d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what, in their respective opinion, is a fair amount of compensation;
(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persons to whom such compensation shall be paid; and in making the award he shall have regard to the circumstances of each case and,
(i) the damage sustained by the person to be compensated in his earnings;
(ii) if in consequence of any direction contained in any notification issued under sub-section (1) of Section 9-A the market value of the land immediately after the issue of such notification is diminished, the diminution in such market value;
(iii) where any building or structure has been demolished or any tree has been cut or the height of any building, structure or tree has been reduced in pursuance of any direction, the damage sustained by the person to be compensated in consequence of such demolition, cutting or reduction and the expenses incurred by such person for such demolition, cutting or reduction;
(iv) if the person to be compensated is compelled to change his residence or place of business, the reasonable expenses, if any, that may have to be incurred by him incidental to such change;
(f) where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons;
(g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section.
(2) Every award made by the arbitrator under clause (e) of sub-section (1) shall also state the amount of costs incurred in the proceedings before it and by what persons and in what proportions they are to be paid.
9-C. Appeals from awards in respect of compensation. Any person aggrieved by an award of the arbitrator made under Section 9-B may, within thirty days from the date of such award, prefer an appeal to the High Court within whose jurisdiction the aerodrome is situate:
Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
9-D. Arbitrator to have certain powers of civil courts. The arbitrator appointed under Section 9-B, while holding arbitration proceedings under this Act, shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commissions for examinations of witnesses.]
Section 10. Penalty for act in contravention of rule made under this Act
(1) If any person contravenes any provision of any rule made under clause (1) if sub-section (2) of Section 5 prohibiting or regulating the carriage in aircraft of arms, explosives or other dangerous goods, or when required under the rules made under that clause to give information in relation to any such goods gives information which is false and which he either knows or believes to be false or does not believe to be true he, and if he is not the owner, the owner also (unless the owner proves that the offence was committed without his knowledge, consent or connivance) shall be punishable with imprisonment which may extend to two years and shall also be liable to 31[fine which may extend to ten lakh rupees].
32[(1-A) If any person contravenes any provision of any rule made under clause (qq) of sub-section (2) of Section 5 prohibiting the slaughter and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matters within a radius of ten kilometres from the aerodrome reference point, he shall be punishable with imprisonment which may extend to 33[three years, or with fine which may extend to ten lakh rupees], or with both.
(1-B) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence referred to in sub-section (1-A) shall be cognizable.]
(2) In making any other rule under Section 5 or in making any rule under 34[Section 4, Section 7], Section 8, Section 8-A or Section 8-B, the Central Government may direct that a breach of it shall be punishable with imprisonment for a period which may extend to 35[two years, or with fine which may extend to ten lakh rupees], or with both.
Section 11. Penalty for flying so as to cause danger
Whoever wilfully flies any aircraft in such a manner as to cause danger to any person or to any property on land or water or in the air shall be punishable with imprisonment for a term which may extend to 36[two years, or with fine which may extend to ten lakh rupees] or with both.
37[11-A. Penalty for failure to comply with direction issued under Section 5-A. If any person wilfully fails to comply with any direction issued under Section 5-A, he shall be punishable with imprisonment for a term which may extend to 38[two years] or with fine which may extend to 39[ten lakh] rupees, or with both.
11-B. Penalty for failure to comply with directions issued under Section 9-A. (1) If any person wilfully fails to comply with any direction contained in any notification issued under Section 9-A, he shall be punishable with imprisonment for a term which may extend to 40[two years, or with fine which may extend to ten lakh rupees], or with both.
(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or structure or cut any tree or fails to reduce the height of any building, structure or tree in pursuance of any direction contained in any notification issued under sub-section (1) of Section 9-A within the period specified in the notification, then, subject to such rules as the Central Government may make in this behalf, it shall be competent for any officer authorised by the Central Government in this behalf to demolish such building or structure or cut such tree or reduce the height of such building, structure or tree:]
41[Provided that the power to make rules under this sub-section shall be subject to the provisions of Section 14.]
Section 12. Penalty for abetment of offences and attempted offences
Whoever abets the commission of any offence under this Act or the rules, or attempts to commit such offence, and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence.
Section 13. Power of court to order forfeiture
Where any person is convicted of an offence punishable under sub-section (1) of Section 10 or under any rule made under clause (i) of sub-section (2) of Section 5 the Court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to Government.
Section 14. Rules to be made after publication
42[Any power to make rules conferred by this Act is subject to the conditions of the rules being made after previous publication:
Provided that the Central Government may, in the public interest, by order in writing, dispense with the condition of previous publication in any case.]
14-A. Laying of rules before parliament. Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session 43[for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 15. Use of patented invention on aircraft not registered in India
The provisions of Section 42 of the Indian Patents and Designs Act, 1911 (2 of 1911) shall apply to the use of an invention of any aircraft not registered in India in like manner as they apply to the use of an invention in a foreign vessel.
Section 16. Power to apply customs procedure
The Central Government may, by notification in the Official Gazette, declare that any or all of the provisions of the Sea Customs Act, 1878 (8 of 1878) shall, with such modifications and adaptations as may be specified in the notification, apply to the import and export of goods by air.
Section 17. Bar of certain suits
No suit shall be brought in any Civil Court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather and all the circumstances of the case is reasonable, or by reason only of the ordinary incidents if such flight.
Section 18. Saving for acts done in good faith under the Act
No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.
Section 19. Saving of application of Act
(1) Nothing in this Act or in any order or rule made thereunder 44[other than a rule made under Section 8-A or under Section 8-B] shall apply to or in respect of any aircraft belonging to or exclusively employed in the naval, military or air forces of the Union or to any person in such forces employed in connection with such aircraft.
(2) Nothing in this Act or in any order or rule made thereunder shall apply to or in respect of any lighthouse to which the Indian Lighthouse Act, 1927, (17 of 1927) applies or prejudice or effect any right or power exercisable by any authority under that Act.
Section 20. Repeals
[Repealed by the Repealing Act, 1938, 1 of 1938, S. 2 and Sch.]
1. The word and omitted by Act 44 of 2007, S. 2 (w.e.f. 1-2-2008).
2. Ins. by Act 44 of 2007, S. 2 (w.e.f. 1-2-2008).
3. Ins. by Act 12 of 1972, S. 2.
4. Ins. by Act 12 of 1972, S. 2.
5. Subs. by Act 12 of 1972, S. 3, for the former Section.
6. Subs. for The Central Government by Act 44 of 2007, S. 3 (w.e.f. 1-2-2008).
7. Ins. by Act 44 of 2007, S. 4 (w.e.f. 1-2-2008).
8. Subs. for The Central Government by Act 44 of 2007, S. 5 (w.e.f. 1-2-2008).
9. Ins. by Act 12 of 1972, S. 4.
10. Ins. by Act 1 of 1983, S. 2.
11. Subs. for or revision on tariff of operators of air transport services by Act 27 of 2008, S. 54 and Schedule (w.e.f. 1-1-2009).
12. Re-lettered by Act 1 of 1983, S. 2.
13. Subs. for clause (b) by Act 44 of 2007, S. 5 (w.e.f. 1-2-2008).
14. Ins. by Act 44 of 2007, S. 5 (w.e.f. 1-2-2008).
15. The word and omitted by Act 12 of 1972, S. 4.
16. Ins. by Act 12 of 1972, S. 4.
17. Ins. by Act 12 of 1972, S. 5.
18. Subs. by Act 44 of 2007, S. 6 (w.e.f. 1-2-2008).
19. Ins. by Act 12 of 1972, S. 6.
20. Subs. by Act 44 of 2007, S. 7 (w.e.f. 1-2-2008).
21. Subs. for accident by Act 44 of 2007, S. 7 (w.e.f. 1-2-2008).
22. Subs. for accident by Act 44 of 2007, S. 7 (w.e.f. 1-2-2008).
23. Subs. for accident by Act 44 of 2007, S. 7 (w.e.f. 1-2-2008).
24. Ins. by Act 12 of 1972, S. 7.
25. Subs. for The Central Government by Act 44 of 2007, S. 8 (w.e.f. 1-2-2008).
26. Subs. for The Central Government by Act 44 of 2007, S. 9 (w.e.f. 1-2-2008).
27. Ins. by Act 12 of 1972, S. 8.
28. Subs. for The Central Government by Act 44 of 2007, S. 10 (w.e.f. 1-2-2008).
29. Subs. by Act 12 of 1972, S. 9.
30. Ins. by Act 12 of 1972, S. 10.
31. Subs. for fine by Act 44 of 2007, S. 11 (w.e.f. 1-2-2008).
32. Ins. by Act 50 of 1988, S. 2.
33. Subs. by Act 44 of 2007, S. 11 (w.e.f. 1-2-2008).
34. Subs. for Section 7 by Act 44 of 2007, S. 11 (w.e.f. 1-2-2008).
35. Subs. by Act 44 of 2007, S. 11 (w.e.f. 1-2-2008).
36. Subs. by Act 44 of 2007, S. 12 (w.e.f. 1-2-2008).
37. Ins. by Act No. 12 of 1972, S. 11.
38. Subs. for six months by Act 44 of 2007, S. 13 (w.e.f. 1-2-2008).
39. Subs. for one thousand by Act 51 of 2000, S. 2 (w.e.f. 1-1-2004).
40. Subs. by Act 44 of 2007, S. 14 (w.e.f. 1-2-2008).
41. Ins. by Act 44 of 2007, S. 14 (w.e.f. 1-2-2008).
42. Subs. by Act 69 of 1985, S. 2 (w.r.e.f. 16-10-1985).
43. Subs. by Act 1 of 1983, S. 3.
44. Ins. by Act 12 of 1972, S. 12.