The Indian Aircraft Act, 1934

Act No.22 OF 1934

[AS ON 1955]
An Act to make better provision for the control of the manufacture, possession, use, operation, sale,
import and export of aircraft.

[19th August, 1934.]

WHEREAS it is expedient to make better provision for the control the manufacture, possession, use, operation, sale, import and export aircraft ;

It is hereby enacted as follows:---

1.Short title and extent :- (1) This Act may be called the Indian Aircraft Act, 1934.

{Subs.by the A.O.1950, for the former sub-section (2).} [(2) It extends to the whole of India {The words "except the State of Hyderabad" rep.by Act 3 of 1951, s.3 and Sch} and applies also---

(a) to citizens of India wherever they may be; and

(b) to, and to the persons on, aircraft registered in India whever they may be.]

2.Definitiones :- 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, 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;

(3) "import" means bringing into {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India] ; and

(4) "export" means taking out of {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India].

3.Power of Central Government to exempt certain aircraft :-- The Central Government may, by notification in the Official Gazette, exempt from {Subs.by s.3 of Act 37 of 1939, for the words "the provisions of this Act and of the rules made thereunder, or from any of such provisions".}

4.Power of Central Government to make rules to implement the Convention of 1919:-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 the regulation of Aerial Navigation signed at Paris, October 13, 1919, with Additional Protocol, signed at Paris, May 1, 1920, and any amendment which may be made thereto under the provisions of Article 34 thereof.

5.Power of Central Government to make rules :- (1) The Central Government may, by notification in the Official Gazette, make rules {See the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.1, pp.633 to 719.} regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft.

(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;

{Ins.by Act 5 of 1944, s.2.} [(aa) the regulation of air transport services, and the prohibition of the use of aircraft in such services except under the authority of and in accordance with a licence authorising the establishment of the service;

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

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

(c) the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are being manufactured, repaired or kept;

(d) the registration and marking of aircraft ;

(e) the conditions under which aircraft may be flown, or may carry passengers, mails or goods; or may be used for industrial purposes and the certificates, licences or documents to be carried by aircraft;

(f) the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules thereunder, and the facilities to be provided for such inspection ;

(g) the licensing of persons employed in the operation, meanufacture, repair or maintenance of aircraft ;

(h) the air-routes by which and the conditions under which aircraft may enter or leave {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India], or may fly over {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India], and the places at which aircraft shall land;

(I) the prohibition of flight by aircaft 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 nighbourhood of aerodrome lights, and lights at or in the neighbourhood of aerodromes or on or in the neighbourhood of airroutes;

{Ins.by Act 37 of 1939, s.4.} [(jj) the installation and maintenance of lights on private property in the neighbourhood of aerodromes 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 purpose;]

(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 examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender of such licence or certificate, or of any log-book;

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

(q) the recognition for the purposes of this Act of licences anad certificates issued elsewhere than in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India] relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft; and

® any matter subsidiary or incidental to the matters referred to in this sub-section.

{Ins.by Act 5 of 1944, s.3.} [ (3) Every rule made under this section shall be laid as soon as may be after it is made before {The words "each of the Chambers of" rep.by the A.O.1948.} {Subs.by the A.O.1950, for "the Central Legislature".} [Parliament], while it is in session, for a total period of one months which may be comprised in one session or in two or more sessions, and it before the expiry of that period, {Subs.by the A.O.1948}[{Subs.by the A.O.1950, for "that Legislature".} [Parliament] makes and modifications in the rule or directs] 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.]

6.Power of Central Government to make orders in emergency:- (1) If the Central Government is of opinion that in the interests of the public safety or tranquallity 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 {Subs.by Act 24 of 1948, s.3, for "the Provinces".}[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 aero drome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant, material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either forthwith or within a specified time, to such authority and in such manner as it may specify in the order, to be at the disposal of Government for the public service.

(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 knowin gly 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.

7.Power of Central Government to make rules for investigation of accidents:- (1) The Central Government may, by notification in the Official Gazette, make rules {See Pt.X of the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.I, pp.66 to 665.} providing for the investigation of any accident arising out of or in the course of {Subs.by Act 37 of 1939, s.5, for "air navigation in or over British India".}[the navigation---

(a) in or over {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India] of any aircraft, or

(b) anywhere of aircraft registered in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India].

(2) Without prejudice to the generality of the foregoing power, such rules may----

(a) require notice to be given of any accident in such manner and by such person as may be prescribed;

(b) apply for the puroses of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents;

(c) prohibit pending investigation access to or interference with aircraft to which an accident 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 deal with, and provide for the production of any such licence for such purpose.

Comment: Report of Court of Enquiry appointed under Rule 75 of Aircraft Rules, 1937 is outside the purview of section 35, Evidence Act. The enquiry is formal and statutory and not private one and relates to causes of accident. Such report is admissible under ss. 5, 7 and 9 of Evidence Act. AIR 1965 Cal 252

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 be nature of a intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons or property; or

(b) such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule made under clause (h) or clause (I) of sub-section (2) of section 5.

(2) The Central Government may, by notification in the Official Gazette, make rules {See for instance, rule 18 of the Indian Aircraft Rules, 1937 (Gazette of India, 1937, Pt.1.p.640}.regulating all matters incidental or subsidiary to the exercise of this power.

{Ins.by Act 7 of 1936, s.2.}[8A.Power of Central Government to make rules for protecting the public health :- The Central Government may, by notification in the Official Gazette, make rules {For the Indian Aircraft (Public Health) Rules, 1946, see Gazette of India, Extraordinary, 1946, p.775} 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, ules providing for any of the matters for which rules under sub-clauses (I) to (viii) of clause (p) of sub-section (1) of section 6 of the Indian Ports Act, 1908, may be made with respect to vessels and ports.]

{Ins.by Act 22 of 1938.}[8B.Emergency powers for protecting the public health :- (1) If the Central Government is satisfied that India or any part thereof is visited by or threatened with an outnbreak 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 projudice to the powers conferred by section 8A, by notification in the Official Gazette, make such temporary rules with respect to aircraft and persons travelling or things carrried 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 in more than three months from the date of notification:

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

9.Wreck and salvage :- (1) The provisions of Part VII of the Indian Merchant Shipping Act, 1923, 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.

10.Penalty for act in contravention of rule made under this Act.:- In making any rule under section 5, section 7, {Subs.by Act 7 of 1936, s.3, for "or section 8".}[section 8 {Subs.by Act 22 of 1938, s.3, for "or section 8 A".} [section 8A or section 8B] the Central Government may direct that a breach of it shall be punishable with imprisonment for any term not exceeding three months, or with fine of any amount not exceeding one thousand rupees or with both.

11.Penalty for flying so as to cause danger :- Whoever wilfully flies any aircraft in such a manner as to cause danger to any persn or to any property on land or water or in the air shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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.

13.Power of Court to order forfeiture :- Where any person is convicted of an offence punishable under any rule made udner clause (I) or clause (1) 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.

14.Rules to be made after publication :- Any power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication for a period of not leass than three months.

15.Use of patented invention on aircraft not required in India :- The provisions of section 42 of the Indian Patents and Designs Act, 1911, shall apply to the use of an invention on any aircraft not registered in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India] in like manner as they apply to the use of an invention in a foreign vessel.

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, shall, with such modifications and adaptations as may be specified in the notification, apply to the import and export of goods by air.

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 of such flight.

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.

19.Saving of application of Act :- (1) Nothing in this Act or in any order or rule made there-under shall apply to or in respect of any aircraft belonging to or exclusively employed in {Subs.by the A.O.1950, for "His Majesty's naval, military or air forces".}[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, applies or prejudice or affect any right or power exercisable by any authority under that Act.

20.[Repeals.] Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.