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Section 1 – Aircrafts Amendment Act,2007

Aircrafts Amendment Act,2007

1. Short title and commencement.

AIRCRAFT (AMENDMENT) ACT,2007 1

[ACT NO. 44 OF 2007]

[December 5,2007]

An Act further to amend the Aircraft Act,1934

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

Prefatory Note-Statement of Objects and Reasons.-At present the Central Government through various provisions of the Aircraft Act,1934 and the rules made thereunder exercises control in respect of manufacture, possession, use, operation, sale, import and export of civil aircrafts and licensing of aerodromes.

2. In the last two decades, significant developments have taken place in the civil aviation sector in India. The domestic air transport services were opened to the private sector in 1994 and the management and operation of the airports, the navigation, communication facilities and the air traffic control at airports were transferred to the Airports Authority of India with effect from the 1st April,1995. Now, with vast developments in technology, communication, navigation, surveillance and air traffic management are switching over from ground based to satellite based technology. As a result of these developments, a need has arisen to lay down appropriate safeguards to ensure protection of civil aviation against acts of unlawful interference.

3. Keeping in view the above aspects as well as standards laid down by the International Civil Aviation Organisation (ICAO) for safety and security of civil aviation and also to give effect to various provisions of the Convention on International Civil Aviation popularly known as Chicago Convention, certain amendments are proposed to be made to the Aircraft Act,1934.

4. The Aircraft (Amendment) Bill,2006, inter alia, seeks-

(a) to regulate foreign registered aircraft which is for the time being operating in or over India;

(b) to empower the Central Government for-

(i) licensing of personnel engaged in air traffic control;

(ii) certification, inspection and regulation of communication, navigation and surveillance and air traffic management;

(iii) safeguarding civil aviation against acts of unlawful interference and to ensure civil aviation security; and

(iv) investigation of incident along with accident.

(c) to empower the Director General of Civil Aviation for performing safety oversight functions.

(d) to impose penalty for contravention of the provisions of the Chicago Convention;

(e) to enhance quantum of existing penalties for violation of rules relating to carriage in aircraft of arms or explosives or providing false information or abetment of offences or non-compliance of directions with a view to achieve desired deterrent effect which would go a long way in raising the compliance level;

(f) to enlarge the scope of the powers of Director General of Civil Aviation.

5. The Bill seeks to achieve the above objects.

1. Received the assent of the President on December 5,2007 and published in the Gazette of India, Extra., Part II, Section I, dated 6th December,2007, pp. 1-3, No. 53

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

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

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