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Date - 02.07.2020
Day - Day 3
Legal Legislation

THE AIRCRAFT, 1934

INTRODUCTION
This is an Act of Parliament of India. The Aircraft Act, 1934 governs the aviation sector in
India. This section consists of 1 chapter including 20 sections. This Act was introduced to
make better provisions for the control of the possession, manufacturing, usage, operations,
sales, imports & exports of aircraft. Initially, the Act was known as “The Indian Aircraft Act,
1934” but the word ‘Indian’ was omitted by Act 44 of 1960.

EXPLANATION OF SECTIONS
Section 1 → Short title and extent
This section states that this Act extends to the whole of India and is named The Aircraft Act,
1934. Moreover, it applies to all the citizens of India no matter where they are. It further
applies to all the persons on any aircraft which is registered in India and all the persons on
any aircraft which is registered outside India but for the time being within the borders of
India. It also applies to the person who operated the aircraft, though not an Indian citizen but
has a place of business or permanent residence in India.
Section 2 → Definitions
This Act defines the words, aircraft, aerodrome, aerodrome reference point, import, and
export’.
(1) The term ‘aircraft’ includes any kind of machine that can get its support in the
atmosphere from air’s reactions and also includes balloons, airships, kites, gliders,
and flying machines;
(2) The term ‘aerodrome’ is defined as any definite or limited water area or limited
ground area which is intended to be used whether wholly or partly for departing or
landing of an aircraft. It also includes all buildings, sheds, piers, vessels, and other
structures;
(2A) The term ‘Aerodrome reference point’ means a point that is designated for the
departure or the landing of an aircraft;
(3) The term ‘import’ is defined as coming into the Indian borders;
(4) The term ‘export’ is defined as going out of the Indian borders.
Section 3 → Power of Central Government to exempt certain aircrafts
The Central Government holds the power to issue a notification in the Official Gazette and
exempt all or any provision of this Act. it can even implement any provisions to persons or
aircraft by a notification.
Section 4 → Power of Central Government to make rules to implement the Convention
of 1944
As per the provisions laid down in Section 14 of the Act, the Central Government of India
holds the power to publish in the Official Gazette a notification, to make rules which are
necessary for implementing the Convention of 1944.
Section 4A → Safety oversight functions
The Central Government can appoint the Director-General of Civil Aviation or any other
officer who shall take in charge and perform the safety oversight functions in matters
specified in this Act.
Section 5 → Power of Central Government to make rules
(1) As per the provisions laid down in section 14 of the Act, the Central Government can
make rules regulating the manufacturing, possessing, usage, operations, sales,
imports, or exports of any aircraft or class of aircraft for safety by issuing a
notification in Official Gazette.
(2) The Central Government holds the power to make rules regarding matters
concerning-
(a) any authority by whom the powers conferred under this Act is executed;
(b) the inspection, licensing and regulating of aerodromes, the maintenance,
prohibition, and regulation of the use of unlicensed aerodromes;
(c) the inspection, control, manufacture, maintenance, and repair of place where
the aircraft is to be kept, repaired, and manufactured;
(d) the marking and registering of the aircraft;
(e) the conditions under which the aircraft has to be flown or carry passengers,
mails goods or to be used for other industrial or commercial purposes;
(f) The inspection of the aircraft to enforce provisions and rules of this Act and
facilities to be provided for such inspection to take place;
(g) Operations, repairs, manufacturing, or maintenance of aircraft by persons
employed;
(h) the air-routes by which and under what conditions the aircraft shall enter and
leave India;
(i) the prohibiting of aircraft in certain areas for a specified period with specified
terms and conditions;
(j) the supervising, supplying and controlling of aerodrome lights, air-routes
beacons;
(k) the signals to be used for communicating by or with an aircraft;
(l) the prohibiting or regulating of the aircraft carriage;
(m) the measures to be taken for ensuring safety;
(n) the issuing and maintaining of log-books;
(o) the issuing or renewing or licenses or certificates under this Act;
(p) fee amount to be charged in connection with the examination conducted,
tests taken, licenses issued and inspection was done under this Act;
(q) recognition for this Act of licenses and certificated issued outside India;
(r) any matter incidental to the matters referred to in this sub-section.
Section 5A → Power to issue directions
(1) The Central Government may appoint a Director-General of Civil Aviation or any
other officer to issue orders and directions concerning Section 5 of the Act in matters
relating to the usage of an aerodrome or engaging in any aircraft operations or
controlling or maintenance of aerodrome, or communication, navigation, surveillance,
and air traffic management facilities.
 (2) Every direction issued under sub-section (1) shall be complied by the person or
persons to whom such direction is issued by the said authority.
Section 6 → Power of Central Government to make orders in emergency
(1) In the matter of public safety, the Central Government may by notification in the
Official Gazette-
(a) rescind either absolutely or with subject to certain conditions licenses or
certificates issued under this Act;
(b) prohibit either wholly or partly the aircraft in any part of India;
(c) prohibit either completely or partially the regulating the erection or
maintenance or usage of any aerodrome, aircraft factory, flying machines
or places where these are maintained, repaired or kept;
(d) direct the aerodrome, aircraft factory, flying machines or places where
these are maintained, repaired or kept;
(2) Any individual who directly suffers injury or loss because of any order made
under sub-clause(c) or sub-clause(d) shall be paid compensation by the Central
Government;
(3) The Central Government may authorize reasonable 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 follow 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.
Section 7 → Power of Central Government to make rules for the investigation of accidents.
(1) As a subject to the provisions of section 14, the Central Government may make for
the investigation of any accident arising due of or in the course of [the navigation-
(a) i.e, in or over of any aircraft, or
(b) anywhere of aircraft registered within the country.
(2) Without preconception to the generality of the preceding 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 reasons for such investigation, either with or without
modification, the provisions of any law for the time being in force relating to
the investigation of any accidents;
(c) prohibit the pending investigation access to or interference with aircraft to
which an accident which has occurred, and authorize any person so far as
may be necessary for an investigation to have access to examine or take
measures for the preservation of or otherwise deal with any such aircraft or
even remove; and
(d) authorize or require the suspension, cancellation, endorsement or, surrender
of any license or certificate granted or recognized under this Act when it
appears on an investigation that the license ought to be so dealt with, and
provide for the production of any such license for such purpose.
Section 8 → Power to detain aircraft.
(1) Any authority which is authorized in this behalf by the Central Government may stop
any aircraft, if in the belief of such authority-
(a) having regard to the nature of a flight, the flight of such aircraft would include
danger to the people in the aircraft or 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 violation of any rule which is made under clause (h) of
clause (i) of sub-section(2) of section 5.
(2) As a subject to the provisions of section 14, the Central Government may make rules
regulating all matters incidental or subsidiary to the exercise of this power.
Section 8A → It gives power to the Central Government to make rules for protecting public
health-
Concerning the provisions of section 14 the Central Government may by notification in the
Official Gazette and make rules for the prevention of danger arising to the public health by
the introduction or spread of any infectious disease from aircraft arriving at or being at any
aerodrome and for the prevention of the conveyance of infection or contagion using any
aircraft leaving an aerodrome and in particular and without prejudice to the generality of this
provision may make, concerning 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, maybe made for vessels
Section 8B → Emergency powers for protecting the public health-
(1) If the Central Government is fine that India or its parts are 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 fins fit to prevent the
danger.
(2) In any such case, the Central Government may make such temporary rules
concerning aircraft and persons traveling or things carried there and aerodromes as it
deems necessary in the circumstances.
(3) Apart from anything present in section 14, the power to make rules under
subsection(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 3
months.
Section 8C → Power of Central Government to make rules for securing safe custody and re-
delivery of unclaimed property.-
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 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
owner.
(b) the disposal of any such property in cases where the same is not re-delivered to the
person entitled to, before the expiration of such period as may be specified therein.
Section 9 → Wreck and Salvage.-
(1) Based on the provisions of Part XIII of the Merchant Shipping Act, 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 will 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.
Section 9A → Power of Central Government to prohibit or regulate the construction
of buildings, planting of trees, etc.-
(1) If the Central Government has an opinion which is necessary so to do for the safety
of aircraft operations, it may, by notification in the Official Gazette-
(i) direct that no building or structure should be constructed and no tree shall be
planted on any land within such a radius, not exceeding 20 km from the aerodrome
reference point, as may be specified in the notification and where there is any
building, structure or tree on such land.
(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 the limit of 20 km 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.
(2) In specifying the radius under clause (i) or clause (ii) of subsection (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 it to such owner or person
(ii) if it cannot be so delivered or tendered
(iii) by post.
(4) Every person shall be bound to comply with any direction contained in any
notification issued under subsection (1).
Section 9B → Payment of compensation.-
(1) If in consequence of any direction contained in any notification issued under sub-
Section (1) of section 9 A, any person sustains any damage, such person will be paid
compensation the amount of which shall be determined in the manner and under the
principles hereinafter set out, which are as follows;-
(a) where the amount of compensation can be fixed by agreement, it shall be paid
under respect to the same.
(b) where no such agreement can be reached, the Central Government shall appoint
as arbitrator.
(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
 (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 correct.
(f)If there is any dispute as to the person who is entitled to the compensation, the
arbitrator shall decide in such dispute the amount distribution thereof.
(g) nothing in the Arbitration Act, 1940 shall apply to arbitrations under this section.
(2) Every award made by the arbitrator under clause (e) of subsection (1) will also state
the number of costs incurred in the proceedings.
Section 9C → Appeals from awards in respect of compensation.
Section 9D → Arbitrator to have certain powers of civil courts.
Section 10 →Penalty for an act in contravention of a rule made under this Act.
(1) If any person contravenes any provision of any rule made under clause (l) of 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 concerning 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 shall be punishable with imprisonment which may extend to 2 yrs and shall
also be liable to fine which may extend to Rs.10 lakhs.
Section 11 →11. Penalty for flying to cause danger.
Whoever wilfully flies an aircraft in such a manner as to cause danger to any person or to
any property on land or water or in the air will be punishable with imprisonment for a term
which may extend to 2 years, or with fine which may extend to ten lakh rupees or both in
some cases.
Section 11A → It comprises fine up to 10 lakhs and imprisonment which may extend to a
period of 2 years in case of failure to comply with directions issued under section 5A.
Section 11B → It comprises fine up to 10 lakhs and imprisonment which may extend to a
period of 2 years in case of failure to comply with directions issued under section 9A.
Section 12 → Penalty for abetment of offenses and attempted offenses.
If anyone abets the commission of any offense under this Act or attempts to commit such an
offense, and in such attempt does any act towards the commission of the offense, shall be
fully liable to the punishment provided for the offense.
Section 13 → Power of Court to order forfeiture-
Where any person is convicted of an offense which is punishable under subsection (1) of
section 10 or any rule made under clause (i) of subsection(2) of section 5, the Court by
which he is convicted may direct that the aircraft in respect of which the offense has been
committed shall be forfeited to the Government.

Section 14 → Rules to be made after publication

Powers to render rules conferred by this Act are subject to the requirements of the rules after
the previous release provided that, in the public interest, by written decree, the Central
Government can dispense with the provision of a previous publication in any event.
Section 14A → Laying of rules before Parliament
Every law and regulation made under this Act shall be presented to both the Houses of the
parliament as soon as possible while the Parliament is in session for 30 days. Both Houses
agree in making any modification in the rule or regulation or both Houses agree that the rule
or regulation, as the case may be, should not be made, the rule or regulation shall thereafter
effect only in such modified form or be of no effect.
Section 15 → Use of patented invention on aircraft not required in India
The use of an invention in an aircraft not registered in India will be subject to the provisions
of Section 42 of the Indian Patents and Designs Act, 1911 as if the inventions were being
used in a foreign vessel.
Section 16 → Repealed by the Customs Act, 1952
Section 17 → Bar of certain suits
No proceedings shall be lodged before any Civil Court for infringement or nuisance only
because of the flight of aircraft on any property at the height above the ground which is
reasonable or only due to ordinary incidents of such flight having regard to wind, weather
and all circumstances.
Section 18 → Saving for acts done in good faith under the Act
Anything did or intending to do it in good faith under this Act by a person will have no legal
proceedings, prosecution, or suits.
Section 19 → Saving of application of Act
Any aircraft belonging to or solely serving in naval, military or air forces or any individual in
such services, operating in conjuncture with such aircraft shall not be subject to or
concerning anything other than any provision rendered according to Section 8A or 8B.
Section 20 → Repealed by the Repealing Act, 1938

By Sneha Mahawar, Anshika Raj Singh and Deb Zyoti Das, Content Board, All India
Legal Forum.
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