Eng./Nep.

Transb,tion
Dispatch No.: - -
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Nepal Civil Aviation Act, 2073 (2017)

Submitted by a Task Force

formed to revise
the draft of the Nepal Civil Aviation Act, 2071 (2015)

Revised Draft

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Contents Chapter- I
Preliminary

1. Short title, Extent and Commencement

2. Definition
Chapter-2

Sovereignty over air space and use

3. Sovereignty over air space
4. Use of air space
5. Right of non-scheduled flights
6. Scheduled air service
7. Prohibited and restricted air space
8. Encroachment of air space and prohibition on unauthorized use of
aircraft

Chapter-3
Provision on air service industry

9. License to be obtained
10. Ownership and capital
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13. Rights of air

passengers
Chapter-4
Provision on
operation of
aircraft
14. Air operator
certificate
15. Other aviation
business operation
certificate or license
16. Registration and
nationality of aircraft
17. Air wo1ihiness
of aircraft
18. Documents to
be possessed
19. Powers and
duties of Pilot in
command
20. Prohibition on
flying aircraft
dangerously
21. Prohibition on
flying of pilotless
aircraft without
authorization
Chapter- 5
Provision on
Civil Aviation
Authority
22. Establishment
ofNepal Civil Aviation
Authority
23. Functions,
duties and powers of
Authority
24. Powers of
Authority to issue
order and directives
21. Prohibition on
flying of pilotless
aircraft without
authorization
Chapter- 5
Provision on
Civil Aviation
Authority
22. Establishment
ofNepal Civil Aviation
Authority
23. Functions,
duties and powers of
Authority
24. Powers of
Authority to issue
order and directives
25. Board of
Directors
26. Meeting of
Board of Directors
27. Functions,
duties, powers and
facilities of
Chairperson
Appointment of ff: • : :
GOVERNMi::, 'i OF Nl:PAL
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29 Functions, duties and powers of Director General

3-0. Special powers of Director General to conduct inspection and
investigation

31 Employees of Authority

32 Financial provisions of Authority

33 Fund of Authority

34 Account and Audit

35 Annual report to be submitted

36 Liaison with Government of Nepal

Chapter-6
Provision on incorporation of service provider organization

37. Incorporation of service provider organization

38. Joint venture

39. To follow commercial principles

40. Transfer of properties and obligations

41. Management of employees

42. Pension and gratuity

43. Powers to discontinue service and facilities

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Chapter - 7
Provision on investigation into aircraft accident
44. Investigation into aircraft accident and serious incident
45. Investigation into incident
Chapter - 8 Provision on air security
46. Powers to prescribe prohibited area
47. Search to be conducted
48. Authority responsible for aviation security to be designated
49. Provision on aviation security
50. Aircraft to be handed over
51. Provision on security in emergency
52. Order on security
Chapter - 9
Provision on operation of aerodrome
53. Area of aerodrome to be demarcated
54. Use of aerodrome
 55. Registration and certificate of aerodrome

56. Duty of entity stationed..at...aei:oc;lrome

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57.
58.
59.
60.
..
Coordination to be maintained by aerodrome operator
Directives to be issued by aerodrome operator
Protection of environment
Control of birds and wild lives
61. Powers to enter others' premises
62. Obstacles around contiguous area of aerodrome
Chapter - 10
Provision on air navigation service
63. To provide air navigation service
64. Structures of air routes and air space
65. Communication, navigation aids and surveillance equipment
66. To provide aviation meteorological service
67. Air navigation service charge
Chapter-11
Special Powers of Government of Nepal
68. Powers to issue order
 69. Powers to take control over aircraft
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70. Emergency powers for protection of public health

71. Powers to prohibit work and to revoke work performed ;
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 72. Powers to exempt
73. Powers to dissolve
Chapter - 12 Crime and punishment
74. Crime on unauthorized entry
75. Crime on encroachment of air space
76. Crime on unlawful seizure and hijacking of aircraft
77. Crime against flight security
78. Crime against aircraft security
79. Crime against aerodrome security
80. Crime against security of person concerning with air transport
81. Crime of obstructing flight security
82. Crime of flying aircraft dangerously
83. Crime of providing service unsafely
84. Crime of flying pilotless aircraft or aviation equipment without authorization
85. Misconduct committed by passengers on board aircraft
86. Crime of forgery
87. Punishment against other crimes 88.
89.
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90. Jurisdiction
91. Powers to arrest
92. To extradite offender
93. Court and court proceedings
94. Powers of Authority to fine
95. Powers of aerodrome operator to fine
96. Appeal may be made
97. To save acting in good faith
Chapter - 13 Miscellaneous
98. Essential service
99. Acquisition of land
100. To save acting in good faith
101. Powers to recover as government arrears
102. Delegation of powers
103. Powers to frame Rules

104. Repeal and savings

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Eng,fNep, 'frans\ation Dis-patch NO•··············

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Nepal Civil Aviation Act, 2073 (2017)

An Act made to provide for regulation and control of civil aviation
Preamble: Whereas, it is expedient to create conducive environment for the proper
development of air transport to attain optimum benefit to the country by making civil aviation s
secured, regular and systematic, to carry out international obligations related to civil aviation
to consolidate the existing laws on civil aviation;
Now, therefore, be this Act enacted by the Legislature Parliament in accordance with
clause (1) of Article 296 of the Constitution of Nepal.
Chapter - 1 Preliminary
1. Short title, extent and commencement: (1) This Act may be cited as "Civil Aviation Act, 207
(2017)".
(2) This Act shall extend throughout Nepal and it shall apply also to the following aircraft,
organization and person wherever they may be:
(a) Nepali citizen,
(b) Aircraft registered in Nepal and person on board the aircraft,
(c) Aircraft registered in other state whilst remaining in the territory of Nepal or its air space or in
the circumstance

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where aircraft registering state delegated such aircraft related function and duties to Nepal,
(d) Airline operating agency and other aviation service operation entity having obtained
certificate from Nepal,
(e) Person holding certificate issued or recognized under this Act wherever s/he may be.
(3) This Act shall not apply to a military aircraft.
(4) This Act shall come into force from such date as the Government of Nepal may, by
notification published in the Nepal Gazette, appoint.
2. Definition: Unless the subject or context otherwise requires, in this
Act-
'
(a) "Chairperson" means the Chairperson of the Board of Directors of the Authority.
(b) "ICAO" means the International Civil Aviation Organization formed under the
Convention on International Civil Aviation.
(c) "Member State" means the Member State ofICAO.
(d) "Certificate of Airworthiness" means the certificate that certifies aviation equipment meeting
requirement as specified for worthiness to operate flight.
(e) "Aircraft in flight" means a condition of an aircraft where all doors are closed after
embarkatipn until disembarkation after opening of all <loo .
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(f) "Flight Safety" means the situation free from inadmissible danger of
injury a person may sustain or damage to aircraft and goods.
(g) "Aircraft in Service" means the aircraft which is kept
I
under surveillance to prevent unauthorized entry and
has come to rest.
(h) "Air Navigation Service" means services provided to the air traffic during
all phases of operations including air traffic management, communication,
navigation and surveillance, meteorological services for air navigation, search and
rescue and aeronautical information services.
(i) "Prescribed or as prescribed" means prescribed or, as prescribed in the Rules
framed under this Act.
G) "Entity relating to Civil Aviation" means the Governmental as
well as Non-governmental Organizations involved in the activities relating to
civil aviation.
(k) "Authority" means the Civil Aviation Authority of Nepal established
pursuant to Section 20.
(1) "Ministry" means the Ministry of Culture, Tourism and
'
Civil Aviation.
(m) "Aircraft" means any machine, plane or equipment which
can derive support in the atmosphere from reactions of the air,
and this term also includes
balloons, whether fixed in the land or unfixed,

airships, gliders and

(n) "Airlines" means otheranysuch
company, firm or person established
with the objective of operating air transport upon assuming
responsibility for transport of passengers, mails or goods.
(o) "Air operator certificate" means the authorized certificate
issued by the Authority to can-y out specific commercial air transport
operations.
(p) Aerodrome" means the defined area in ground or water (any building,
11

structure, or equipment, if any) intended to be used either wholly or in

part, for the landing, taking off and run way of aircraft. This term also includes
heliport for helicopter.
(q) "Board" means the Board of Directors of the Authority established pursuant
to Section 22.
(r) "Service Provider Entity" means the the entity which is within the ambit
of regulation of the Authority and established to provide service or
facilities on civil aviation.
(s) "Aviation Security" means the combination of measures undertaken and
human and material resources around with of safeguarding civil aviation
against acts of unlawful interference.
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GOVERNMENT OF NEPAL MINISTRY OF LAW,

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Chapter - 2 Sovereignty over air space and use
I
3. Sovereignty over air space: The State of Nepal shall have complete
and perpetual sovereignty over the air space of Nepal.
4. Use of  air space: Use of air space shall be made fully as provided for in this Act and the Rules
framed under this Act.
5. Right of non-scheduled flights: Facilities to fly over the air space of Nepal and land in any
aerodrome of Nepal for non-commercial purpose shall be granted to the non-scheduled flights of the
Member States subject to prior approval.
6. Scheduled  flights: (1) If a foreign airlines company is to make scheduled flights in
Nepal, an Air Services Agreement or Understanding between Nepal and a State having
registered such airlines company must be concluded.
(2) Other provisions on the scheduled flights to be made in Nepal by an international airlines
shall be as set forth in the Air Services Agreement or Understanding.
7.
Prohibited and restricted air space: (1) The Government of Nepal may specify any defined air
space of the country as the prohibited air space and fully prohibit for flying over.
(2) While specifying prohibited air space pursuant to sub­section (1), a notification shall be
published in the Nepal Gazette:
(3) The Government of Nepal may specify a defined air space of the country as the restricted air space
in the special situation and
make arrangement for flights therein as prescr be* -
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(4) The concerned party must be informed through aeronautical information publication as per
necessity with regards to prohibited air space under sub-section (3).
8. Encroachment of  air space and  prohibition  on  unauthorized  use of aircraft: (1) No aircraft
shall enter the air space of Nepal without authorization or make flights in the prohibited area or operate
aircraft over the air space of Nepal in a manner inconsistent with the objective of this Act.
(2) If an aircraft is found flying inconsistent with sub-section (1), such an aircraft may be ordered to leave
the air space of Nepal or prohibited area immediately or to land on an aerodrome of Nepal or other
appropriate order or direction may be issued to end such violation.
(3) While intercepting the aircraft to execute order or directions issued pursuant to sub-section
(2), neither weapons shall be used against a flying aircraft nor shall lives of the passengers on board and
safety of the aircraft be placed in peril.
(4) If it is necessary to intercept the aircraft in order to end the violation of air space by the aircraft as referre
to in sub-section (2), the measures relating thereto shall be as prescribed.
(5) An aircraft registered in Nepal or operated by an aircraft owner whose principal place of
business is in Nepal or whose permanent abode is in Nepal must comply with the interception order
issued by the concerned authority of a foreign country whil ,flying in the air space of that country.
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Chapter-3
Provision on air service industry
9. Provision on  license: (1) The Ministry shall issue license to an appropriate organization to
incorporate and operate service provider entity relating to aviation or to operate air service upon
being registered in Nepal or upon having principal place of business in Nepal.
(2) While 1ssumg license pursuant to sub-section (1), evaluation must be made as to
whether such organization is appropriate from the viewpoint of financial aspect, manageria
competency and public order.
(3) Other provisions on license shall be as prescribed.
10. Ownership and capital: (1) The Government of Nepal shall determine ceiling of capita
and framework of ownership necessary for the organization to be incorporated pursuant to Section 9
of the
Act.

(2) The organization to be incorporated pursuant to Section 9 of the Act must make public the
statement on foreign investment or ownership of foreign share.
(3) The Government of Nepal may determine controlling powers to be exercised by
foreigner with respect to the organization
to be incorporated pursuant to Section 9 of the Act.
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11. Provision on  insurance: (1) The airlines company to be operated upon being
incorporated in Nepal shall have to take out insurance covering the passengers
and third party liabilities as well, as specified by the Government of Nepal.
(2) The foreign airlines company must fulfill the insurance related liabilities as
specified which are considered necessary for the operation of airlines pursuant to the
international treaties ratified at least by Nepal.
12. Determination of air fare and other charge: (1) The Ministry shall have the
powers to determine air fare and fee, tariff, royalty and such other similar charges to be
collected by the service provider entity relating to the civil aviation.
(2) Notwithstanding anything contained in sub-section (1), in the case of the flight
under the bilateral air agreement, air fare and other charge shall be as specified for in the
agreement.
13. Rights of air passengers: (1) The airlines company must transparently
make public the term and conditions, facilities of the journey and the rates of air fare for
the information of the passengers.
(2) The air passengers may exercise their rights as specified if they are deprived of using
flight due to cancellation, delay of flights or due to airlines.
(3) Other provisions with respect to the rights of air passengers shall be as prescribed.
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Chapter-4
Provision on operation of aircraft
14. Air operator certificate: No one shall commercially operate aircraft
I
in Nepal without having obtained the air operator certificate from the
Authority.
15. Aviation  business operation  certificate: No one shall manufacture or repair, sell and
distribute aircraft or its spare parts, provide training on aviation or operate any other business
relating to aviation without having obtained the operation certificate from the Authority.
16. Registration and nationality of   aircraft: (1) An aircraft not registered in Nepal or in
any Member State must not be operated in the State ofNepal.
(2) The nationality of aircraft belongs to that state where it is registered.
(3) An aircraft registered in any other country shall not be registered in Nepal. However, the
aircraft whose registration 1s rescinded in other country may be registered in Nepal.
(4) National mark and registration number emblem and registration number must be clearly
marked in a manner conspicuous to all as prescribed on the aircraft to be operated in Nepal.
17. Air worthiness of aircraft: (1) An aircraft without having obtained
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(2) Nepal shall issue the air worthiness ce1iificate for the ai_rcraft registered in Nepal.
18. Documents  to  be  possessed: The aircraft registered in Nepal or operated by the Nepali
airlines company in lease shall not make flight without carrying following documents:
(a) Certificate of aircraft registration,
(b) Certificate of air worthiness,
(c) Individual licenses for each member of the crew on board,
(d) Joumey log book of aircraft,
(e) Radio station license if the aircraft 1s equipped with radio apparatus,
(f) A list of names, nationalities and places of embarkation and disembarkation of each passenger on
board if the aircraft carries passengers,
(g) A manifest and detailed declaration of the cargo if aircraft carries cargo.
19. Powers and duties of pilot in command: (1) The pilot in command must make flight after bein
satisfied that the flight being made is safe from every aspect.
(2) All persons on board shall comply with orders of the pilot in command during the flight.
(3) The pilot in command shall have the powers to take

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20. Prohibition on  flying  aircraft  in  a  dangerous  way: No one shall fly aircraft in a

manner that safety of an aircraft or persons on board the aircraft or persons on
ground or physical infrastructure or property of any one may be placed in peril or
exposed to risk.
21. Prohibition on  flying  of  pilotless  aircraft  without  authorization: No one shall
fly, or cause to be flown, a pilotless aircraft over the air space of Nepal without having
obtained authorization as prescribed.
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Chapter- 5
Provision on Civil Aviation Authority
22. Civil  Aviation  Authority  of  Nepal: (1) There shall be a Civil Aviation Authority of
Nepal to act as a regulatory body for the
I
oversight of aviation safety, security and organizations related to civil aviation.
(2) The Authority shall be called as Civil Aviation Authority of Nepal in English and C.A.A. Nepal in
short.
(3) The Authority shall be an autonomous and body corporate with perpetual succession.
(4) The Authority shall have its separate seal for its business.
(5) The Authority as a person may acquire, use or sell movable
I

and immovable property or dispose it in any other manner.

(6) The Authority as person may sue in its name or be sued upon in the same name.
(7) The head office of the Authority shall be based m Kathmandu.
23. Functions, duties and powers of Authority: (1) The Authority shall have the following
functions, duties and powers in addition to the functions, duties and powers as mentioned anywhere
else in this Act:
(a) To issue, renew, suspend or cancel air operator
certificate as prescribed for operation of a· service,
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(b) To register an aircraft, grant national emblem and registration sign, renew
registration, suspend or cancel it as prescribed,
(c) To issue type certificate or letter of recognition of type certificate to an aircraft,
renew, suspend or cancel it as prescribed,
(d) To issue certificate of air worthiness or authorization of flight to an aircraft,
renew, suspend or cancel it as prescribed,
(e) To issue, renew, suspend or cancel certificate for operation of recreational
aviation activities such as ultra light, micro light, balloon, paragliding, hang gliding,
etc., as prescribed,
(f) To issue, renew, suspend or cancel air navigation service operation
certificate as prescribed to provide such service,
(g) To issue operation certificate as prescribed to the organization providing
training on civil aviation, renew, suspend or cancel it,
(h) To issue certificate as prescribed to the organizations to manufacture aircraft,
maintain and repair aircraft, manufacture spare parts of aircraft, inspect aircraft,
overhaul aircraft, etc., renew, suspend or cancel it,
(i) To issue certificate as prescribed to the organizations to
G) To specify term and conditions for design and construction of
aerodrome and issue certificate or register as prescribed for operation of
aerodrome, to renew such certificate or registration, suspend or cancel
it,

(k) To issue foreign air operator certificate as prescribed to the foreign airlines
company interesting to make commercial flights in Nepal, suspend or cancel it,
(l) To issue license, certificate or permission as prescribed to the human
resources who need special qualification and experience in the sector of civil
aviation as per the
international standard, renew, suspend or cancel it,
 (m) To grant recognition as prescribed the license and
certificates issued by other countries, and renew it, suspend or cancel such
recognition,

(n) To maintain the records of certificates, licenses and

other authorizations issued under this Act in the civil aviation register,

(o) To determine rating and standards of air traffic service, aeronautical informati
service, aircraft search and rescue service and aviation meteorological service
and
supervise it,

(p) To make verification as per necessity of the engine and equipment which wi
be used in the service and
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operation including aviation communication, navigation, surveillance,
(q) To determine the methods on taking off and landing, air routes, arrival of aircraft
in and its departure from Nepal,
(r) To grant flight permission as prescribed to all types of flights including scheduled,
non-scheduled, chartered, cargo, rescue, diplomatic flights,
(s) To determine term and conditions of flights for the engineless flying
substances including drone, balloon, hang-glide, Para-glide, parachute, kite and
control them,
(t) To determine measurement unit to be used in civil aviation, determine signal
and equipment to be used in operation of aircraft above the territory of Nepal and its air
space, to supervise it.
(u) To determine standard of service and facility to provided at aerodrome and
supervise it,
(v) To determine standard of aerodrome fire brigade and life rescue service and
supervise it,
(w) To determine term and conditions on sound emission from the aircraft registered
in Nepal and operated above the territory of Nepal and in its air space,
(x) To determine term and conditions on transportation of
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(y) To conduct, or cause to be conducted, security oversight of the organization

providing air safety, aerodrome operator, airlines operator and other service providers,
(z) To grant permission to the organization conducting aeronautical survey and
certify data and description received from such survey,
(aa) To determine term and conditions of working hour for the designated human
resources working in the field of civil aviation,
(bb) To give suggestions to the Government of Nepal to approve master plan of
aerodrome and construction of new aerodrome,
(cc) To implement, or cause to be implemented, as and when so required, the standards and
recommended practices, manuals and guidelines laid down under the
international convention on civil aviation,
(dd) To reach understandings on exchanging responsibility on flight safety oversight to
be concluded between the regulatory bodies of civil aviation,
(ee) To recommend the Ministry on determination of fee, tariff, charge, air fare, etc., to
be collected by the civil aviation service provider organizations,
(ff) To make coordination, collaboration and reach
understandings as and when required with the regulatory bodies on civil aviation
of fo i.gii countries
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and international and regional organizations on civil aviation,
(gg) To take part as per necessity in the policy and planning formulated and programs organized by th
ICAO for promotion of aviation safety,
(hh) To give advice to the Ministry as and when so required on the matter of civil aviation,
(ii) To carry out other acts as directed by the Ministry from time.to time.
24. Powers of  Authority  to issue order and directives: The Authority or a person authorized by
the Authority may issue necessary order and directives to the service provider organization,
concerned Governmental or non-governmental organizations or person for management of service,
facilities and security of air passengers, service and security of aerodrome and its area, safety of
aircraft, safety of air flight and person and equipment related with such act. It shall be the duty of all the
concerned to comply with the order and directives so issued.
25. Board  of  Directors: (1) The Government of Nepal shall constitute one Board of Directors
operate, manage and supervise the businesses of the Authority.
(2) The Board of Directors constituted pursuant to sub-section
(1) shall consist of the following Chairperson and members:
 (a) Minister or Minister of State for Chairperson
. /I
25/75

(b) Joint Secretary, Ministry of Culture, Member

Tourism and Civil Aviation Member Members
(c) Joint Secretary, Ministry of Finance Member­secretary
(d) Two persons nominated by the
Government of Nepal from amongst the
persons having experienced for at least ten years
in the sector of civil aviation and having
special
knowledge on the sectors of aviation safety,
air safety, aerodrome
operation or air navigation
service
(e) Director General, Civil Aviation
Authority of Nepal
(3) The term of office of the members as referred to in clause
(d) of sub-section (2) shall be four years.
(4) The members nominated pursuant to clause (d) of sub­section (2) and his/her family
shall not be directly involved in any service provider organization to be regulated by the
Authority or shall not be involved in the transaction with the Authority or shall not be a
party to a contract with the Authority or shall not have any
financial interest over such transaction.
(a) If the Government of Nepal removes him/her or ifs/he relieves from the said position,
(b) If his/her term of office expires,
(c) If resignation submitted in writing to the Government of Nepal is accepted,
(d) Ifs/he dies.
(6) The Office-bearers of the Board Directors other than the Director General shall not be directly or
indirectly affiliated with the service provider organizations under the ambit of regulation of
Authority for a period of one year from the date when s/he is relieved from the position.
(7) The Board of Directors may if it deems so necessary invite any expert or advisor to take part in the
meeting as an observer.
26. Meeting  of  Board  of  Directors: (1) The meeting of the Board of Directors shall be held a
and when so required; however, interval between the two consecutive meetings shall not exceed sixty
days.
(2) The meeting of the Board shall be held on such date, time and at such venue as appointed by the
Chairperson.
(3) Presence of more than fifty per cent of total number of members of the Board of Directors
shall be deemed to constitute quorum for the meeting of the Board.
(4) The Chairperson shall preside over the meeting of the
 the meeting of the Board of Directors.
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(5Th)e majority opm10n 111 the meeting of the Board of Directors shall prevail, and in the case o
tie, the person chairing the meeting shall exercise the casting vote.
(6) The Member-secretary of the Board of Directors shall record in the minute the agenda
discussed in the meeting of the Board of Directors and the decision taken in this regard and get the
members present in the meeting to sign the minute.
(7) If it is discovered that the Board of Directors conducts its business in the situation where an error
takes place in constitution of the Board or where a seat of any member is fallen vacant, no such
proceedings shall become invalid.
(8) The Board of Directors may set other rules of procedure on its own for the meeting of the Board.
27. Functions, duties and powers of Chairperson: The function, duties and powers of the Chairperso
shall be as follows:
(a) To set the order of priority of the agenda to be discussed in the meeting of the Board,
(b) To conduct, or cause to be conducted, monitoring and evaluation of the plan and programs
operated by the Authority, and give necessary directives in this regard,
(c) To give necessary directives to carry out, or cause to be carried out, any actions for the
accomplishment of the objectives of the Authority in the extra-ordinary situation other than
those as mentioned to in this ,Act or
in the Rules framed under this Act.
 (d) To carry out, or cause to be carried out, activities of the Authority in an organized, effectiv
profitable and smooth w
28. Appointment  of  Director  General: (1) The Government of Nepal shall appoint Director Gene
from amongst the employees of at least Deputy Director General level working in the service of
Authority or from amongst the employees of at least joint secretary level working for the Governme
of Nepal as the Chief Executive for the operation f business of the Authori
(2) The term of office of the Director General shall be four years, and s/he may be reappointed f
next one term of office in maximum if his/her performance is found satisfacto
(3) The Government of Nepal may relieve the Director General from the office before the exp
of the term of office as specified in sub-section (2) in the following circumstanc
(a) If it appears thats/he has carried out acts in contrary to the objectives of the Authori
(b) If it appears that s/he has failed to comply with this Act or the Rules framed under this A
(c) Ifs/he is convicted of criminal offense by the cou
(d) If it proves thats/he has violated administrative la
(e) If s/he fails to comply with the directives of ·the Government of Nep
29
(4) While relieving the Director General from his/her office pursuant to sub-section (3), s/he
must be given reasonable opportunity to defend.
(5) The Director General shall not be allowed to directly or indirectly affiliate with the service
provider organization under the ambit of the regulation of the Authority for three years from the date
when s/he is relieved of the office.
29. Functions, duties and powers of Director General: (1) The function, duties and powe
of the Director General shall be as follows:
(a) To conduct and manage daily administration of the Authority,
(b) To formulate the draft of laws necessary for implementation of this Act and for
operation of business of the Authority and submit it to the Board for approval,
(c) To supervise and control, or cause to be supervised and controlled, the fund of the Authority, and
to manage and protect the property of the Authority,
(d) To prepare periodic plan, annual program and budget estimate of income and expenditure of
the Authority and submit it to the Board for approval,
(e) To implement the budget, plan and programs as approved by the Board,
(f) To have carried out the internal and

account of the authority, fina of

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equipment, service or facilities and conduct necessary
investigation,
n
e (m) To impose punishment and fine as prescribed on the organization and person
c that violates the provisions on flight safety as mentioned in this Act, Rules,
e requirements, directives, manual and circular issued
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and other organizations and
entities.

30. Special powers to   conduct inspection and inquiry: (1) The Director General or inspec
appointed by him/her or authority authorized by him/her shall have the powers to have uninterrupte
access to on board aircrafts of the person or organizations having certificate, license and authorization
issued under this Act, access to the aerodrome, any structure and facilities relating to civil aviation and
its premises, and to interview a person concerned, to require documents, to investigate into the
matter and to seize the the documents.
(2) If the operation of any aircraft, equipment, service or
facility is not found safe from the viewpoint of flight safety in the course of inspection or investigatio
as referred to in sub-se,c, tion (1), such aircraft, equipment, service or facility may be.,.prdi-i•l5i ,ed from
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commg into operation or a person or director involved in such operation may be prohibited from
exercising powers under license, certificate or any other documents issued under this Act or Rules
framed under this Act.
31. Employees and experts of Authority: (1) The Authority shall have employees and expert
human resources in such a number as necessary.
(2) The Authority may appoint the employees as referred to in sub-section (1) permanent or temporary basi
or in service contract.
(3) The Authority may appoint native or foreign expert human resources along with special facilities i
contract if they are necessary for regulatory act.
32. Financial  provisions  of  Authority: (1) The Authority may collect financial resources as follo
to perform its business:
(a) To charge and collect a fee as prescribed while issuing and renewing a license, certificate,
recognition, authorization or other type of certificates under this Act,
(b) To charge a fee as prescribed while issuing and renewing a license, certificate,
authorization or permission on any type of work, infrastructure, facility and equipment on civil aviation
or granting recognition,
(c) To charge a fee as prescribed against registration in the civil aviation register of Nepal and
cancellation of such registration,
(d) To charge flight safety fee as pre;cr th:e air
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(e) To charge a fee as prescribed against verification or inspection for the purpose of issuing and
renewing a license, certificate, recognition, authorization or of granting any type permission,
(f) To charge a fee as prescribed while approving or adopting documents, manual, etc., o
the service providers organization,
(g) Income to be generated from the building, land or other movable or immovable properties under t
ownership of the Authority,
(h) To charge a fee as prescribed against other regulatory service to be provided by the Authority.
(2) If an amount to be collected from the sources as referred to in sub-section (1) is not sufficient, the
Government of Nepal shall provide grant as necessary.
(3) .The Authority may collect additional fee and charge from the person/organization which fails to pay
specified time fee and charge levied pursuant to sub-section (1).
(4) The Authority shall have the powers to collect the fee, charge and amount of compensation to be
received from any person as the government due subject to this Act and the Rules framed under this
Act.
33. Fund of Authority: (1) The Authority shall have its separate fund.
 (a) An amount received for capital, loan and grant of the
Authority and fine,

(b) An amount to be received pursuant to Section 32,

(c) An amount to be received from the Government Nepal. of

(3) Operation of the fund of the Authority shall be as

prescribed.
34. Account and   Audit: (1) The account of the Authority shall be maintained in such a format
and system as approved by the Board.

(2) The audit of the account of the Authority shall be carried

out by the Auditor General or an auditor as appointed by him/her.

35. Annual  report to  be submitted: The Authority must submit annual

report to the Government of Nepal within four months after expiry of fiscal year.
36. Liaison  with  Government  of  Nepal: While keeping contact to the Government of Nepal, the
Authority must keep contact through the
Ministry.

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35/75
Chapter- 6
Provision on incorporation of service provider organization
37. Incorporation of service provider organization: (1) The Government of Nepal
shall incorporate an autonomous public limited company pursuant to the Companies Act in force i
order to operate aerodrome and air navigation service.
(2) Notwithstanding anything contained in sub-section (1), it shall not preclude the Government of
Nepal from incorporating more than one organization for operation of aerodrome and air navigation
service if it deems so necessary.
(3) Matters including nature, objectives, functions, duties and powers of the organization to be
incorporated pursuant to sub-section
(1) shall be as mentioned in the memorandum of association of that
organization. 36/75
38. Joint venture: The service provider organization to be incorporated pursuant to Section 37 m
operate plan and programs in joint venture with national and foreign investors upon obtaining
prior approval of the Government of Nepal.
39. To follow commercial  principles: While performing functions, the service provider organizati
to be incorporated pursuant to Section 37 may follow commercial principles by paying attention
towards the flight safety, air safety and facility of the air passengers.
40.
infrastructures, etc., covered by aerodromes, air navigation service or other services under the
ownership of Authority prior to commencement of this Act, and transfer the properties othe
than those necessary for the Authority to the organization to be incorporated pursuant to
Section 37.
(2) While transferring the properties as referred to in sub­section (1), right and liabilities against th
loans and grants received from the Government of Nepal and foreign donor agencies connected with suc
properties shall also be devolved on the organization to be incorporated pursuant to Section 37.
41. Management of employees: (1) If the service provider organization is incorporated pursuant to
Section 37, the Government of Nepal shall give proper time to the employees working in the service
the Authority to choose either to continue working for the Authority pursuant to Section 22 of this
Act or to work for the service provider organization to be incorporated pursuant to Section 37 of this Ac
(2) The employees interested in continuing the service of Authority pursuant to sub -section (1) sh
be managed upon creating pool positions in the service of the Authority, and adjusted in the vaca
positions of the Authority upon selecting appropriate employee by employing appropriate test
method as per necessity on the basis of qualification, efficiency and capacity of the employee and
work nature. While making such adjustment, an arrangement must be made not to redu9e the
facilities including remunerations
being received by him/her while working for the authority.
(1) shall be adjusted to the organization in a manner that the facilities including remuneration being
received by him/her shall not be reduced.
(4) In the case of the employees to be adjusted pursuant to sub-sections (2) and (3), the service
period invested while working for the Authority shall be counted for the purpose of seniority,
pension, gratuity and career development.
(5) The employees to be adjusted pursuant to sub-section (2) and (3) shall be given an .opportunity o
voluntary retirement under appropriate scheme.
42. Pension and gratuity: (1) The organization where the employees are adjusted shall make
arrangement of pension, gratuity and other retirement facilities of the employees to be adjusted to th
service of the Authority or aerodrome and air navigation service provider organization.
(2) The service retirement fund established prior to this for ensuring the payment of the amount
against the pension of the employees being received from the Authority pnor to
commencement of this Act shall be transformed to the Authority to be constituted pursuant to this Act.
43. Powers  to discontinue  service and  facilities: If any person fails to
pay fee, charge or fare to be paid to the service provider organization against the consumption of servic
and facilities pursuant to the law
 consuming such service and facilities.

38/75

Chapter - 7
Provision on investigation  into aircraft accide
44. Investigation into aircraft accident and serious incident: (1) The Government of Nepal sh
have the powers to investigate into any accident or serious incident relating to aircraft to be occurred
the territory of Nep
(2) The Government of Nepal may establish one autonomous organization for impartial investigatio
into aircraft accident or serious incide
(3) The Government of Nepal may designate a person having competence in the investigation int
aircraft accident as the investigator and conduct fair investigation pending the establishment of t
organization pursuant to sub-section (
(4) Notwithstanding anything contained in sub-section (3), the Government of Nepal may constitu
powerful accident probe commission along with necessary resources if detail investigation is to
conducted with respect to any accide
(5) The Government of Nepal may delegate powers to conduct investigation in full or
part to other State as per the mutual understanding or agreement with regard to any accide
(6) The Government of Nepal as the State of registration
aircraft or as the State of aircraft operator may designate authorized representative to represent in
investigation of aircraft t
be conducted in other country. ; "
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(7) Other provisions on investigation of aircraft accident and

serious incident shall be as prescribed.
45. Investigation into incident: (1) The Director General shall have the powers to conduct investigation into any incidents
concerning with aircraft to be occurred in the territory of Nepal.
(2) Other provisions on investigation as referred to m sub­
section (1) shall be as specified by the Director General.
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40/75

Chapter - 8
Provision on air security
46. Provision relating to restricted area in   aerodrome: (I) The Government of Nepal may
designate an area relating to aerodrome and air navigation service operation in full or in part as the
restricted area from the viewpoint of air safety.
(2) The competent authority shall issue aerodrome entry permit as prescribed on need basis for
entry into the restricted area as designated pursuant to sub-section (1).
Explanation: For the purpose of this sub-section, "competent authority" means the In-charge of the
aerodrome service operator organization.
(3) Notwithstanding anything contained in sub-section (2), the inspectors assigned to the regulatory
function related to flight safety and air safety shall have easy access to all restricted areas of the
aerodromes of Nepal using inspector identity cards issued by the Authority.
47. Search  to  be conducted: (1) No one shall carry passengers, goods, mail, etc., in the restricted
area of aerodrome nor shall they embark or disembark or be embarked or disembarked without search
by the employees or security personnel authorized by the Government of Nepal stationed at the
aerodrome. Such search shall be conducted
also in the case of the workers working in the prohibited -of

aerodrome including crew members of an aircraf t, µ i]lL .s

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(2) While searching pursuant to sub-section (1), an appropriate device or equipment may also be used.
(3) A passenger or person who refused to undergo search as referred to in sub-section (1) shall be
prohibited from entering the restricted area and from proceeding to aircraft for boarding.
(4) If any illicit weapon, explosive substance, fetal substance, or similar other thing, substance or goods
prohibited pursuant to law in force are seized while searching pursuant to sub-section (1), the substanc
so seized or person shall be handed over to the Nepal Police for legal investigation.
(5) If the goods or substances so seized are not found to be illicit while conducting inves'tigation
pursuant to sub-section (4), those goods or substances may be allowed to take on board aircraft upon
completing formalities as prescribed.
(6) Amount of goods or substances as may be taken on board aircraft by the air passengers with them sha
be as prescribed.
(7) The employee conducting search shall have no legal liability towards any one even though any
passenger missed flight or suffered any loss due to search.
(8) Other provisions on search shall be as referred to in the national air safety program.
48. Authority  responsible  for  aviation  security  to  be  designated: (1) The Government of Nep
may designate any official as an
appropriate authority on air safety along with the special
. /I

responsibility to maintain the highest standard of airfafi epal.

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(2) The functions, duties and powers of the officials as referred to in sub-section (1) shall be as
prescribed.
49. Provision on  aviation security:
- (1) The Government of Nepal may establish a separate aviation
security organization for the security of all the aerodromes within the State of Nepal and the structures o
air navigation service. -
(2) The organization as referred to in sub-section (1) must undertake appropriate security
measures maintaining coordination between other security agencies, and other bodies and organization
concerning with civil aviation for prevention of illegal interference as may be instigated against air
security.
(3) The aerodrome operator, airline company or other service provider organization may make
security arrangement for their aircraft, physical infrastructures or properties upon taking approval
of the appropriate authority on aviation security as referred to in Section 48.
(4) Arrangement on aviation security shall be as specified by the Government of Nepal pending
the establishment of the organization as referred to in sub-section (1).
(5) Responsibility on aviation security of various bodies and organizations to be involved in
operation of civil aviation shall be as prescribed.
50. Aircraft to  be  handed  over: (1) If any aircraft seized has been forced to land in any
aerodrome or territory of Nepal due to illegal interference, such aircraft must be handed over to th
hief or an
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 employee of air transportation service organization having legitimate ownership over the
aircraft to take it back.
(2) Permission must be given to the aircraft as referred to in sub-section (1) as soon as
possible to fly to its destination or to the aerodrome of origin of the aircraft along with
the crew members, passengers and cargo.
51. Provision on security at the emergency: Provision on establishment
and mobilization of powerful competent mechanism necessary for arrangement of
security of aircraft and lives of the passengers and crew members on board during
aircraft hijacking or other emergency shall be as prescribed.
52. Powers  to  issue  order  on  security: The competent authority may issue
appropriate order or directives to any person or organization working within the
aerodrome area for ensuring air safety. It shall be the duty of all the concerned to comply
with the order and directives so issued.
44/75
Chapter - 9
Provision on operation of aerodrome
53. Area  of aerodrome  to  be demarcated: (1) No aerodrome shall be constructed in Nepal
without prior approval of the Government of
Nepal.
(2) A Governmental or private organization may construct, develop or operate an aerodrom
upon obtaining approval of the Government of Nepal.
(3) The Government of Nepal shall define the aerodrome area upon delimiting four boundaries fo
construction work of aerodrome.
(4) The Government of Nepal shall take necessary decisions on construction of new aerodrom
upon considering existing policy as well as the following matters:
(a) Appropriateness of the proposed site from the geographical and environmental
viewpoint,
(b) Feasibility from the viewpoint of population,
(c) Commercial feasibility,
(d) Feasibility oflocal and foreign investment,
(e) Social responsibility
(5) The Government of Nepal must seek suggestions frorri the concerned authorities and carr
out feasibility study .,., rior to
constrution of aer drome. ·.

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45
54. Use  of  aerodrome: (1) Aerodrome shall not be used for purposes other than those approved.
(2) The flights departed from other States or destined to such States must land at, and take off from, th
international aerodrome except in emergency or in the situation where special approval is obtained.
55. Registration and certification of   aerodrome: (1) The operator operating international
aerodrome must have obtained aerodrome operation certificate as prescribed.
(2) Domestic aerodrome specified to be used for public must have obtained aerodrome certificate.
(3) The aerodrome for which aerodrome operation certificate as referred to in sub-section (3) is not
required must be registered as prescribed.
(4) The aerodrome which has not obtained aerodrome operation certificate or which is not
registered as referred to in sub­section (1), (2) and (3) shall not be brought into operation.
56. Duty of  entity stationed  at  aerodrome: All the Governmental and non-governmental organizatio
working to provide services and facilities in an aerodrome must provide standard services and
facilities by giving high priority to the security and facilities of air passengers and the smooth operatio
of aircraft.
57. Coordination to   be   maintained   by  aerodrome   operator: The
aerodrome operator shall maintain coordination between all the
 46/75

to provide secured, regular and effective service and facilities in the a.erodrome.
58. Directives  to  be  issued  by  aerodrome:
.,.s.
The Chief Officer of an aerodrome may issue
directives to any Governmental and non­governmental organizations working in the aerodrome
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I
by paying attention to the service, ;security
:o c and facilities of air passengers, and it shall be the duty of al
concerned to comply with such directives.
(2) The aerodrome operator may direct, regulate or prohibit as per necessary on the following matters to
safely operate air service:
(a) To arrange lights in the aerodrome, aerodrome area, air route and nearby area,
(b) To cause to arrange light as prescribed in private house and land of any person located in
the aerodrome, aerodrome area and air route,
(c) To specify term and conditions to follow by any person in constructing any building, tower, ta
pillar, etc., in aerodrome, aerodrome area or in the land of air route or impose prohibition to do so,
(d) To impose prohibition from constructing or elevating height of building, house, hut, tower, ta
pillar, tree, or any structure more than the height as specified in the term and conditions as
referred to in clause (c) or to cause to demolish, root out, or cut down or remove fully or partially su
existing building, house, hut t ll pillar,
tree, etc.
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47/75
(e) To make necessary arrangement for security of aircraft including other properties or devic
or equipment placed in aerodrome or aerodrome area.
(3) The aerodrome operator as referred to in sub-section (2) may impose conditional restriction on
possession or use of movable and immovable properties of any one within the aerodrome or
aerodrome area by taking into account the flight safety, and while taking decision on such
restriction or issuing notice or order to that effect, reason as well for the imposition of restriction must b
clearly set out.
59. Protection of environment: The Government of Nepal may determine the level of
sound pollution to be maintained in the commercial aerodrome or the surrounding area, and the
method to assess the sound to be emitted from the aviation activities.
60. Control  of  birds  and  wild  lives: (1) The aerodrome operator must make reliable arrangement f
control of birds and wild lives in the aerodrome area.
(2) No one shall establish uncontrolled slaughterhouse and dump wastes within the aerodrome
and the perimeter of three kilometers of the aerodrome.
(3) The organizations working to provide service and facilities m the aerodrome area shall be aware
not dumping wastes in the
aerodrome areas while carrying out their business.
 -
·1 . .. : AND PA"LIAMENTA Y hFFA1.1.1' VI/
61. Powers -'i_,, to  enter  others'  premises:
' LAW SOCi(S MANAGEMElH /,RD An officer designated by the aerodrome operator may
enter a house and
0 , :c;.: 11 l land of any person located in the surrounding of aerodrome or air route upo
giving prior notice to the nearby security force and to the person using the land and house if it is
necessary to enter such house and land in connection with the operation of aerodrome .
Provided, however, that if it is necessary to avoid accident or to urgently repair any device installed i
such house and land or if any other reasonable ground exists, any employee authorized by the
aerodrome may enter such house and land at any time even without giving prior notice.
62. Charges  concerning  with aerodrome: (1) The aerodrome operator shall collect the following
charges for services and facilities rendered in aerodrome:
(a) To collect a fee as prescribed for landing, housing and parking of aircraft or parking of any
other vehicles in the aerodrome or aerodrome area,
(b) To collect cargo charge as prescribed for transportation of goods in the aerodrome to be importe
into the State of Nepal through an aircraft from a foreign country,
(c) To collect passenger service and facilities charge as prescribed for the use of aerodrom
by the air passengers,
(d) To collect a fee as prescribed for providing services and
facilities including ground handling services sale of air
49/75
fuel, flight catering, cargo handling and limousine service,
(e) To collect fare and fee as prescribed from the operator of duty free shop, restaurant,
hotel, stall, VIP or CIP lounge and other businesses,
(f) To collect a fee as prescribed for visualization and advertisement within the
aerodrome and aerodrome area,
(g) To collect fare as prescribed for providing land in rent within the aerodrome area,
(h) To collect a fee as prescribed for the utilities such as electricity, water supply ,
telephone, telex, fax, etc., within the aerodrome and aerodrome area,
(i) To collect fare and fee for other services and facilities as prescribed.
(2) Additional fare and fee as prescribed may be collected from the person who failed to pay
within the specified time the fare
and fees payable pursuant to sub-section (1).

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50/75

Chapter - 10
Provision on air navigation service
63. To  provide  air  navigation  service: (1) No one shall provide air navigation service in the
without obtaining approval of the Government of Nepal.
(2) The organization providing air navigation service shall provide air traffic service and aeronaut
service.
(3) The organization providing air navigation service shall coordinate the search and rescue servic
64. Structures of air routes and air space: The organization providing air navigation service must p
method of departure from and arrival at the aerodrome, flight route, classification of air space, struc
etc., as prescribed by the Authority for the purpose of air flight and landing in the State of Nepal.
65. Communication, navigation aids and   surveillance   equipment: The organization providin
service must install communication, aviation aids and surveillance equipment required to provide a
and maintain them in continuous operable condition.
66. To  provide  aviation  meteorological  service: (1) The Government of Nepal shall provide avia
information service required for operation of air service.
(2) The Government of Nepal may assign responsibility to any

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 referred to in sub-section (1) in any aerodrome of Nepal or an area as prescribed.
(3) The organization providing aviation weather service shall have to provide quality
aviation weather service by maintaining coordination with the navigational service
providing organization.
67. Air  navigation  service  charge: The air navigation service operator may levy a
fee as prescribed for overflying Nepal, against navigational communication,
navigation and surveillance service, flight method and any other services to be made
available within the territory of Nepal.
52/75
Chapter - 11
Special powers of Government of Nepal
68. Powers  to  issue  order: (1) The Government of Nepal may issue orders to do or not to do the
following acts by publishing a notice in the Nepal Gazette as necessary for maintenance of public orde
peace and security:
(a) To prohibit all type of aircrafts or any type of aircrafts from flying over full territory or partial
te1Titory of Nepal by specifying conditions,
(b) To hand over aircraft, aerodrome and equipment, structure or facilities concerning with
civil aviation operated by private sector to the prescribed authority, and to use the goods so handed ov
in public service,
(c) If it appears that the likely use of private or public land nearby the aerodrome would result in
obstruction in operation of aerodrome, to prohibit such use immediately,
(d) If it appears that the use of land nearby the place concerning with the air navigation servic
is likely to have adverse impact in the flight safety, to prohibit such use immediately.
(2) If an order as referred to in clause (b) of sub-section (1) is
issued and if any person suffers direct loss or damage due to such an order, such a person shall be
provided with compe ailii in such
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amount as determined by the authority designated by the Government of Nepal.
69. Powers  to  take  control  over  aircraft: The Government of Nepal may order to the Director
General to cause any aircraft to land in any aerodrome of Nepal or to take control over the aircraft
in the following circumstances:
(a) If there are reasonable grounds to believe that the aircraft is being used in a manner
inconsistent with the objectives of this Act or Rules framed under this Act,
(b) If it deems necessary to take control over the aircraft from the viewpoint of aviation
security, air safety or public order.
70. Emergency  powers for protection of  public health: (1) If it deems that any dangerous epidem
spread or is likelihood to spread in any part of Nepal, the Government of Nepal may prohibit public flig
in such place to stop spreading such epidemic to other places through air transport.
(2) The Government of Nepal may undertake, or cause to be undertaken, necessary measures in
aerodrome and aircraft to prevent the threat to the health of general public as may be posed by
communicable diseases which may spread through the air transport.
71. Powers  to  prohibit  work  and  to  revoke  work  performed: (1) If
the Authority, aviation security organization, aerodrome and air
 I_ 54/75
framed under this Act, the Government of Nepal may issue order to stop such an act.
(2) The Government of Nepal may if it deems necessary for the public interest revoke any order in
full or in part issued by the organizations as referred to in sub-section (1) of this Act.
72. Powers  to  exempt: The Government of Nepal may exempt any special aircraft and person o
class from paying fee or fare in full or in part payable to the aerodrome, and aerodrome operator a
air navigation service operator pursuant to Sections 62 and 67 in any circumstance as prescribed
upon publishing a notice in the Nepal Gazette.
73. Powers   to  dissolve: (1) If the Authority, accident investigation authority, air safety
authority, aerodrome and air navigation service operator established pursuant to this Act fails to
perfonn the act required and fails to carry out the orders issued by the Government of Nepal or if
those organizations are likely to suffer loss upon embezzlement of the properties of the
organizations or if it deems that it is not necessary to retain such organization for any reason, the
Government of Nepal may dissolve such organization.
(2) If the Authority is dissolved pursuant to sub-section (1), the right, liability and properties of
the Authority shall devolve on
the Government of Nepal.
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55/75
Chapter - 12 Crime and punishment
74. Crime and  punishment  on  unauthorized  entry of aircraft: If any aircraft enters Nepal withou
obtaining permission pursuant to this Act or prevailing laws, such an act of the aircraft shall be deem as a
crime of unauthorized entry, and the person who committed such a crime shall be liable to imprisonmen
from one year to three years.
75. Crime  and   punishment  on  encroachment   of  air  space: If any aircraft overflew Nepal
without obtaining permission, it shall be deemed that the aircraft committed a crime of Encroachment
of air space, and the person committing such a crime shall be liable to imprisonment from one year to
three years.
76. Crime  and   punishment  on   unlawful  seizure  and   hijacking  of aircraft: (1) If any person
on board aircraft in flight unlawfully seized or taken control over such an aircraft by threat or use of forc
unlawfully or by causing fear and terror of any kind, such an act shall be deemed as a crime of
unlawful seizure and hijacking of the aircraft.
(2) The person who committed a crime as referred to in sub­section (1) shall be liable to life
imprisonment and the person who attempted to commit such a crime or ancillary shall be liable to
imprisonment from fifteen years to twenty years.
(3) If any person on board the aircraft lost life or the aircraft is
 56/75

be liable to half of the punishment to which the principal offender is liable, and the properties of t
offender and ancillary shall also be confiscate
77. Crime  and  punishment  against  flight  security: (1) If any person committed any of t
following acts, such an act shall be deemed as a crime against the flight securi
(a) If any person committed any activities against any person on board the aircraft in flight or
it is likelihood that such activities pose threat to the security of the aircra
(b) If any person demolished an aircraft in flight, or if any person caused loss by making the aircr
incapable for flight or caused loss that may pose threat to its security in the flig
(c) If any person demolished grounded aircraft or spare parts or equipment installed in
aircraft or facilities on air transportation, or communication or aviation support equipment or f
brigade or life rescue service or security equipment or goods or things relating thereto or caused loss a
damage to them or took out any part thereof or spare parts without authorization or interfere with th
operatio

57/
--
(2) The person who committed a crime as referred to in sub­section (1) shall be liable to life
imprisonment, and the person who attempted to commit such a crime and ancillary shall be liable to
imprisonment from fifteen years to twenty years.
(3) If any person on board the aircraft lost life or the aircraft is demolished because of the crime as referred
in sub-section (1), the offender shall be liable to life imprisonment, and the ancillary shall be liable to ha
of the punishment to which the principal offender is liable, and the properties of the offender and ancillary
shall also be confiscated.
78. Crime and  punishment against aircraft security: (1) If an aircraft is demolished, or if an aircraft
became incapable for flight or if it is likelihood that it may pose threat to its security in the flight or
operation of an aircraft is obstructed as referred to in clause (b) of sub-section (1) of Section 74
because any person placed or caused to be placed any device or goods by any method in the aircraft operate
in service, such an act shall be deemed as a crime against aircraft security.
(2) The person who committed a crime as referred to in sub­section (1) shall be liable to life imprisonmen
and the person who attempted to commit such a crime and ancillary shall be liable to imprisonment
from fifteen years to twenty years.
(3) If any person on board the aircraft lost life or the aircraft is demolished because of the crime as referred
in sub-section (1), the offender shall be liable to life imprisonment, and the ancillary shall
be liable to half of the punishment to which the prin fender is
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liable, and the properties of the offender and ancillary shall also be confiscated.
79. Crime  and  punishment  against  aerodrome  security: (1) If any person defaced or demolishe
fully or partially or caused damage to or destroy in any manner communication and aviation ai
equipment, visual aids, hydrological and meteorological equipment, fire brigade, device and equipmen
on life rescue service, other device and equipment relating to security kept in and outside an
aerodrome and aerodrome area, other device, equipment, building directly or indirectly related with a
flight, run way, taxi way to run way, apron, hanger, etc., such an act shall be deemed as a cnme agai
the aerodrome security.
(2) The amount of loss caused by the person who committed a crime as referred to in sub-section (1)
shall be recovered from him/her, and such a person shall be liable to imprisonment from one year to fiv
years on the basis of gravity of his/her crime.
80. Crime  and   punishment  against  security  of   person  concerning with   air   transport: (1) I
any person with or without weapons committed the act of causing threat or obstruction to
personal security of any employees concerning with the act of air flight, employees working for
aerodrome, air passengers including any stranger visited the aerodrome or committed the act of causin
threat or obstruction to air flight operation and security by derailing them from their duties or in any
other manner upon abducting or seizing them by causing fear or threat or temptation or in any other mann
such an act shall be deemed as a crime against the s ur· 1· erson
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 (2) The person who committed a crime as referred to in sub­section (]) shall be liable to fine from fiv
hundred thousand rupees to ten hundred thousand rupees or to imprisonment from five years to ten yea
or to both punishment.
81. Crime  of  obstructing  flight  security  and  punishment: (1) If any person obstructed the
operation of aviation engine or equipment in cockpit of aircraft in flight by using any electronic engin
equipment or any other similar device or if s/he carried out any act that may have adverse impact
the capacity of the pilot of the aircraft, such an act shall be deemed as the crime of obstruction of fligh
security, and the person who committed such a crime shall be liable to fine from five hundred
thousand rupees to twenty hundred thousand rupees on the basis of gravity of the crime.
(2) If any person adversely affected the operation of grounded engine, equipment or facilities to be use
in operation of flight of an aircraft by using any electronic engine, equipment or other similar devic
such an act shall be deemed as a crime of obstruction of flight security, and the person who
committed such a crime shall be liable to fine from one hundred thousand rupees to ten hundred
thousand rupees on the basis of gravity of the crime.
(3) If an air crash occurs or if any person lost life or the aircraft is demolished because of the
crime committed as referred to in sub-sections (1) and (2), the offender shall be liable to life
imprisonment, and the ancillary shall be liable to half of the punishment to which the
principal offender is liah e, and the
properties of the offender and ancillary shall also J;?e c ·- ted-E
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82. Crime  of  flying  aircraft  dangerously  and  punishment: (1) If any person flew an aircraft in
manner that it may pose risk to the security of the aircraft or person on board the aircraft or othe
aircrafts or person in ground or physical structure or properties of any person, such an act shall be
deemed as a crime of flying an
aircraft dangerously.

(2) A person who committed a crime as referred to in sub­

section (1) shall be liable to imprisonment of one to three years.

(3) Notwithstanding anything contained in sub-section (2), if any person lost life or if an aircraft is
demolished because of the crime committed as referred to in sub-section (1), the offender shall be liable
to life imprisonment, and the properties of the offender shall also be confiscated.
83. Crime  of  providing  service  unsafely  and  punishment: (1) If an organization under this Ac
operated services and facilities in a manner that an aircraft, persons on board the aircraft or person
in ground or properties suffer or may suffer loss because such an organization provided service and
facilities without following such activities required to be followed under this Act or Rules framed
under this Act, the chief responsible person and other responsible persons of that organization shall
be deemed to have committed a
crime of providing service unsafely.
 (2) A person who committed a crime as referred to in sub­section (1) shall be liable to
imprisonment from one to three years or to fine from five hundred thousand to ten hundred thousand
rupees or
to both.

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(3) Notwithstanding anything contained in sub-section (2), if any person lost life or if an aircraft
demolished because of the crime committed as referred to in sub-section (1), the offender shall be liab
to life imprisonment, and the properties of the offender shall also be confiscat
84. Crime  of  flying  pilotless aircraft  or  aviation  equipment  without authorizatio
and  punishment: (1) If any person flew a pilotless aircraft (drone) or any other type of aviati
equipment or device without obtaining permission pursuant to this Act, such an act shall be deemed as
crime of flying aircraft or aviation equipment or device without authorization, and such a person shall
liable to fine from ten thousand rupees to one hundred thousand rupees, and such aircraft or aviati
equipment or device shall be confiscat
(2) If the act as referred to in sub-section (1) cause loss and damage to an aircraft in flight or pers
on board the aircraft or person in ground or properties, the offender shall be liable
imprisonment from three years to ten years or to fine from five hundred thousand to ten hundr
thousand rupees or to both on the basis of gravity of such a crim
85. Misconduct committed by   passengers   on board aircraft and punishment: (1) If a
passenger on board an aircraft in flight mishandled or mistreated the crew members or other passeng
on board the aircraft or caused loss and damage to engine, equipment or materials of the aircraft
committed any other type of act that jeopardize law and order on board the aircraft including flight safe
such an act shall be deem as a crime of indecent conduct, and
thousand to one hundred thousand rupees or to imprisonment for one year or to both.
(2) The pilot m command or other crew member or air passengers at the order of the pilot in
command may hold in custody the person who committed an act as referred to in sub-section (1) and ha
over such a person to the security personnel after the aircraft landed.
(3) If any passenger mishandled or mistreated airlines staff at aerodrome or employee working for the
aerodrome or air passengers or other person or caused loss and damage to engine, equipment or
materials in the aerodrome or jeopardized the law and order of aerodrome, such an act shall b
deemed as a crime of indecent conduct, and a person who committed such a crime shall be liable to
fine from five thousand to one hundred thousand rupees or to imprisonment for one year.
86. Crime  of  forgery  and  punishment: (1) If any person committed any of the following act, suc
an act shall be deemed as a crime of forgery:
(a) If any person submitted fake documents to obtain any certificate necessary under this Act or
prepared and used fake certificate,
(b) If any person without authorization changed document
issued by the competent authority pursuant to this Act or the Rules framed under this Act or
prepaxed

t
• .."'· 64/75

document with the counterfeit signature,

 document with the counterfeit signature,

(c) If any document to be prepared pursuant to this Act or the Rules framed under this Act or
pursuant to the requirements is used without getting approved or certified as per the rules or if
document approved or certified is amended or altered without authorization,
(2) A person who committed a crime as referred to in sub­section (1) shall be liable to fine up to
one hundred thousand rupees or to imprisonment for three months or to both on the basis of gravity of t
crime.
87. Punishment against other crimes: (1) The aerodrome security police may hold in custody t
person who fails to comply with the orders given under Section 52 to maintain law and orde
in aerodrome and may fine him/her from ten thousand rupees to one hundred thousand rupees.
(2) The aerodrome operator may prevent a person or organization that unsystematically
established slaughterhouse or dumped wastes inconsistent with sub-section (2) of Section 60 of the
Act from doing so, and may fine such a person or organization from ten thousand to one hundred
thousand rupees.
88. Gravity of crime: While considering gravity of a crime, the situation of a crime committed on
board aircraft or in ground or criminal conduct that may jeopardize the people and properties shall b
taken into basis.
89. Addional  punishment: If any act is done contrary to the conditions of any valid certificate, licen
rating or permission while operating
or performing the acts relating to aviation neces er such a
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certificate, license, rating or permission, such a certificate, license, rating or pennission may be
suspended or revoked in addition to the fine or punishment of imprisonment to be imposed under this
Act.
90. Jurisdiction: (1) The concerned court of Nepal shall have the jurisdiction to try and settle
the case on the following circumstances with regards to the crime or any acts that jeopardize any perso
or properties as referred to in Sections 76, 77, 78, 79 and 80:
(a) If a crime is committed in the territory or air space of Nepal,
(b) If a crime is committed targeting an aircraft registered in Nepal or during the flight made by suc
a aircraft,
(c) If an aircraft within which a crime is committed at the time of flight is landed in Nepal along
with the offender,
(d) If a crime is committed targeting an aircraft taken on lease by a person whose principal
office of business based in Nepal or whose permanent abode is in Nepal or if a crime is committed on
board such an aircraft,
(2) Notwithstanding anything contained in sub-section (1), in cases where a crime carries punishment
of imprisonment and where an offender is present in the territory of Nepal even though such a crim
is committed anywhere else, the concerned court of Nepal shall have the jurisdiction to hear the cas
unless such an offender is extradited to the concerned State under the Extradition Treaty signed by Nepa
or under this Act.
(3) In case where any act committed on board aircraft

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 65/7
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space of Nepal is deemed to be a crime under the law of Nepal, the concerned court of Nepal shall hav
the jurisdiction to hear such a case.
91. Powers  to  arrest: (1) If there is reasonable ground to believe that any person is committing
crime carrying punishment under this Act, employees of aerodrome, crew members, security personnel o
any other person may arrest such person committing such a crime and handed over to the competent
police.
Provided, however, that if it appears that it may endanger the life of any passenger, as well or that it
may cause damage to an aircraft or other facilities connected with the aircraft, the security personne
must be informed, and the security personnel must arrest the person committing such a crime.
(2) It shall be the duty of any person or authority to give support to arrest any offender as referred to
sub-section (1).
(3) If the person so arrested is a foreign national, an investigation shall be conducted upon
giving information thereof to the representative of the concerned country, and on the basis of facts gather
from the investigation, the concerned country shall be informed as to whether further action is taken
not under this Act.
92. To extradite offender: (1) In cases where a person other than Nepali national committed a crime
under Sections 76,77,78,79 or 80 in the territory or air space of Nepal against the aircraft registered i
any other country and where such a country made a request•for extradition of that person,
the Gove ent otf eq :xtradite

I
such a person notwithstanding anything contained in the laws of Nepal.
Provided, however, that if the offender is not extradited, s/he shall be prosecuted in Nepal.
(2) For the purpose of extradition, the cnmes carrymg punishment under Sections 76,77,78,79
or 80 shall not be considered to be political irrespective of position of the offender or his/her
intention to commit a crime.
93. Court and court proceedings: (1) The concerned district court shall have original jurisdiction to
try and settle the case referred to it with regards to the crimes carrying punishment under
Sections 76,77,78,79 or 80 or other crimes carrying punishment of imprisonment under this
Act.
(2) The district court may issue an order to the Government of Nepal to seize or confiscate any aircraft o
materials or both used for committing the crime in the course of trial of case or delivering its verdict.
(3) The district shall follow the proceedings as referred to in the Special Court Act, 2059 (2002) whil
trying or settling the case.
(4) The case lodged under this Section shall be treated as the state case.
(5) If any party is not satisfied with the judgement of the
 67/75

--
94. Powers of Authority to fine: (1) If any person committed any of the following crimes, the
Authority may fine such a person from ten hundred thousand to thirty hundred thousand rupee o
the basis of gravity of the crime:
(a) If any person operated in Nepal an aircraft not duly registered pursuant to this Act,
(b) If any person operated an aircraft m Nepal usmg emblem or plate different than that
determined by the State of registration of such plate or emblem or without necessary nationality or
registration emblem or identity plate.
(2) If any person committed any of the following crimes, the Authority may fine such a person from
one hundred thousand to ten hundred thousand rupees on the basis of gravity of the crime:
(a) If any person operated an aircraft in a manner inconsistent with the conditions a
specified in airworthiness certificate or flight permission or without such certificate or permission.
(b) If any person operated an air service without carrying all necessary documents or withou
issuing all the documents on transportation as specified by the Authority to be essential,
(c) If any person operated air service without taking out
necessary msurance,
approved certificate on repair and maintenance organization,
(e) If any person engaged a person not having obtained personal efficiency
certificate in the act where such a certificate is required or license,
(f) If any person violated the order issued by the Authority by exercising powers under
this Act or the Rules framed under this Act,
(g) If any airline service operator deliberately ignored the rights of the
passengers or failed to provide compensation payable as prescribed,
(h) If any person failed to comply with guidelines and manuals issued by the
Authority upon exercising its economic regulatory powers,
(i) If any person failed to maintain account as per the rules or failed to provide
operation and financial information,
U) If an organization requiring security management system failed to undertake
security management system as prescribed,
(k) If any person constructed or altered the structure of an aerodrome without prior
approval of the Authority in writing or if any person violated the conditions
specified by the Authority granting approval. The
Authority may cause a person committing a crime on
 69/7
5
without obtaining approval or inconsistent with the conditions specified while granting
approval.
(1) If any person operated an aerodrome without obtaining certificate or without
registration or operated an aerodrome inconsistent with the conditions specified in such
certificate or registration, the Authority may suspend or revoke aerodrome certificate or
registration.
(3) If any person committed any of the following crimes, the Authority may fine such a person
from ten thousand to one hundred thousand rupees on the basis of gravity of the crime:
(a) If any person placed obstruction in, hindered or attempted to hinder or
influenced the use of powers of the Authority or of the inspector or officer designated by the
Authority to supervise or inspect,
(b) If any person, without having obtained certificate, license, permission, approval
or recognition issued by the Authority, carried out activities on civil aviation where such
a certificate, license, rating, permission or approval,
(c) If any person operated an aircraft by violating the limitation of time schedule,
(d) If any person operated service on the basis of false
certificate, license, rating or permission,
(e)

,;: .T J
P Vi r:: 70/75
(f) If any person used light surrounding the aerodrome inconsistent with the scheme for
protection of area surrounding the aerodrome or without obtaining approval of
Authority where approval is required as per such scheme,
(g) If any person or organization engaged in the acts relating to the air navigation
service inconsistent with the conditions as specified by the Authority or without necessary
certificate,
(h) If any person, without obtaining approval from the Authority, operated any
equipment or communication equipment in a manner that obstructs or interrupts the air
navigation service or failed to close the operation of such equipment, the Authority may issue
an order to close operation of such equipment and confiscate the equipment that obstructed
or interrupted the service.
(i) If any person installed a device or equipment or constructed any structure in a
manner inconsistent with the scheme for protection of area surrounding the aerodrome or
without having obtained approval where such an approval of the Authority is required,
the Authority may issue an order to remove or demolish such a device, equipment or
structure.
(4) If any person impose a fee or charge inconsistent with the
direction or decision of the Authority, the Authority may fine such a
person up to the amount equivalent to four times .o.f t.... .'... ount so

collected by such a person unlawfully. f

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(5) If the activities as referred to in sub-sections (1) through
(4) endangered the life of any person and properties, the offender may be brought to the
court to impose punishment with an imprisonment up to six months on him/her.
95. Powers  of  aerodrome  operator  to  fine: If any person committed the following crimes, the
aerodrome operator may fine as follows:
(1) If any person without authorization entered into the prohibited area of the aerodrome, such
a person shall be liable to fine from one thousand to five thousand rupees.
(2) If any person abused the entry pass issued by the aerodrome, such a person shall be liabl
to fine from ten thousand to fifty thousand rupees.
(3) If any person constructed house, hut or tower inconsistent with the standard determined in the
aerodrome area, the aerodrome operator may order to demolish or remove the house, hut or
hindrance so constructed inconsistent with the standard by appointing deadline. If the said
structure is not removed within the deadline, the aerodrome operator may demolish or remove with
the assistance of the local administration, and the operator must as the government due recover from
the concerned person the cost incurred in demolishing or removing the structure accordingly.
(4) If any person dumped wastes in the aerodrome or aerodrome area or polluted the
environment, such a person shall be liable to a fine from ten thousand to one hundred thousand rupees
(5) Any person who demolish a wire fence of the aerodrome
area shall be liable to a fine from ten thousaty1 tc5:ir ·,:..,thousand

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rupees, and the aerodrome operator must as the Government due recover from such a person the total
cost incurred in the repair of the wire fence.
96. Appeal  may  be  made: (1) The proceedings to be followed while taking action or decision
with regards to the crime carrying punishment as referred to in Sections 94 and 95 shall b
as prescribed.
(2) If any person is not satisfied with the decision or order issued to impose fine pursuant to Sections
94 and 95, such a person may file an appeal with the concerned High Court within 35 days from the
date when s/he came to know such a decision.
97. Prevailing  laws  to follow: (1) The matters as mentioned in this Act shall be governed as per this A
and other matters shall be governed as per the prevailing laws.
(2) Notwithstanding anything contained elsewhere in this Act, if other prevailing laws provides for
punishment on the crime carried action or punishment under this Act, the reason that an action will be taken
and punishment imposed under this Act shall not be deemed to preclude from prosecuting or imposing
punishment as per the prevailing laws.
Explanation: For the purpose of this Chapter, "Certificate" means the documents including license,
operation certificate, letter
of permission, recognition certificate to be issued pursuant to this

Act or the Rules framed under this Act. f

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73/75

Chapter - 13

Miscellaneous
98. Essential service: The service concemmg with the civil aviation shall be deemed as
essential service, and no strike or any type of obstructions shall be allowed with reference to that
service.
99. Acquisition  of land: (1) If any aerodrome operator or air navigation service provider requested f
acquisition of any land, house, hut or structure necessary for construction of new aerodrome or facilitie
or its extension, the Government of Nepal may provide the aerodrome operator or air navigation servic
provider upon acquiring such land, house, hut or structure on recommendation of the Authority.
(2) The proceedings as referred to in prevailing laws must be fulfilled while acquiring land as per sub-
section (1).
100. To  Save  acting  in  good  faith: The office bearers or employees of the Government of Nepal
Authority, aerodrome operator or air navigation service provider organization shall not be held
personally responsible for loss and damage from anything done or endeavored to do in good faith in the
course of performing his/her duty under this Act.
101. Powers to recover as government arrears: The Authority, aerodrome operator and air
navigation service provider shall as the Government arrears recover fee, fare, royalty and compensatio
to be collected from any person or organization pursuant to th·
Rules framed under this Act. M. # [)-'-

GO.· .,0, 1
102. Delegation of  powers: The Government of Nepal may delegate some of the powers conferr
to it under this Act to the Authority or any other appropriate entity or authority of the Government of
Nepal.
103. Powers to  frame Rules: (1) The Government of Nepal may frame
necessary Rules for accomplishment of the objectives of this Act.

(2) Notwithstanding anything contained in sub-section (1), the Authority may frame
necessary Rules for the activities to be performed by the Authority under this Act,
and such Rules shall come into force upon obtaining approval from the Government of
Nepal.

104. Repeal and savings: (1) The following Acts shall be repealed:

(a) The Civil Aviation Act, 2015 (1958)
(b) The Nepal Civil Aviation Authority Act, 2053 (1996)
 (2) The activities performed under the Civil Aviation Act, 2015 (1958) and the Nepal
Civil Aviation Authority Act, 2053 (1996) prevailing prior to the commencement of thi
Act shall be deemed to be performed under this Act after commencement of this
Act.

(3) The Civil Aviation Authority of Nepal established under the Nepal Civil Aviation
Authority Act, 2053 (1996) shall be deemed to be established under this Act.

#:.i GOVERNME

'..:;:'!:':- ' AND PARLIA W, JUSTICE

- LAWBoo MENTARY AFFA/Rs
KS MANAGEMENT BOARD

/
L_
: t' ·"· ·. MINISTRY OF : OF NEPAL
- -- -- O~· 0£\ll fG.'
""'CnONOfF
75/75
STRY OF LAW. JU
ation

75
rol over aircraft
/,

·-t
"
wers to exempt
wers to dissolve
punishment
uthorized entry
ent of air space
king of aircraft
flight security
ircraft security
drome security
th air transport
flight security
ft dangerously
ervice unsafely
t authorization
n board aircraft
ime of forgery
ther crimes 88.
89.
7/75
ch NO•··············

....... '
.

viation
 for the proper
aking civil aviation safe,
o civil aviation and

accordance with

l Aviation Act, 2073

ing aircraft,

r its air space or in

s to Nepal,
ing obtained

ay be.

al may, by
thority.
med under the

quipment meeting

re closed after

10/75
Act and the Rules

and land in any

duled flights of the

ed flights in
State having

national airlines

fy any defined air

tion shall be

estricted air space

on publication as per

aft: (1) No aircraft

area or operate
of this Act.
be ordered to leave
epal or other

uant to sub-section
gers on board and

the aircraft as referred

pal place of
nterception order
at country.
14/75
 ate organization to
e air service upon

be made as to
aspect, managerial

ine ceiling of capital

rsuant to Section 9

st make public the

exercised by
 15/75

being
engers
Nepal.
ities as
to the
Nepal.
ave the
to be
viation.
e flight
r in the
eement.
arently
are for
engers.
f using
irlines.
cribed.
16/75
r, sell and
ther business
rity.
red in Nepal or in

al. However, the

al.
must be clearly
Nepal.
 17/75
epal.
by the Nepali
ts:

each passenger on

ke flight after being

light.
 aft in a
s on
peril or
to risk.
ne shall
having
cribed.
19/75
 Authority of

d C.A.A. Nepal in

sion.

e same name.
mandu.
e the following
mentioned anywhere
20/75
onstruction of
operation of
cancel

foreign airlines
pend or cancel it,
the human
sector of civil
 or cancel such

n register,

onautical information
eorological service

ipment which will

22/75
ms organized by the

ation,

rson authorized by
organization,
agement of service,
s area, safety of
he duty of all the

oard of Directors to
rperson
/I
5/75
her family
ted by the
not be a
position,

ll not be directly or
regulation of
ion.
to take part in the

tors shall be held as

ll not exceed sixty

ppointed by the

Board of Directors
l, and in the case of a

e the agenda
regard and get the

ion where an error

vacant, no such

ng of the Board.
rs of the Chairperson

Board,
lan and programs

ns for the
uation other than
 organized, effective,
able and smooth way.
point Director General
in the service of the
g for the Government
siness of the Authority.
ay be reappointed for
ce is found satisfactory.
fice before the expiry
llowing circumstances:
ctives of the Authority,
framed under this Act,
al offense by the court,
ted administrative law,
Government of Nepal.
29/75
ection (3), s/he

with the service

years from the date

, duties and powers

his Act and for

f the Authority, and

and expenditure of

rd,
30/75
zation and person
his Act, Rules,

ations related with

rnment of Nepal

General or inspector
o have uninterrupted
nse and authorization
o civil aviation and
estigate into the

ection or investigation
.,.prdi-i•l5i ,ed from
 prohibited from
this Act or Rules

es and expert

nt or temporary basis

special facilities in

al resources as follows

ense, certificate,

certificate,
ment on civil aviation

Nepal and
pose of issuing and
permission,
s, manual, etc., of

properties under the

d by the Authority.
ot sufficient, the

which fails to pay in

compensation to be
s framed under this
 ed in such a format

nment of Nepal, the

 35/75

ment of Nepal
anies Act in force in

he Government of
d air navigation

zation to be

to Section 37 may
upon obtaining

provider organization
paying attention
 s under the
the properties other
ated pursuant to

liabilities against the

s connected with such
Section 37.
porated pursuant to
rking in the service of
o Section 22 of this
ection 37 of this Act.
o sub -section (1) shall
djusted in the vacant
ng appropriate test
the employee and
ot to redu9e the
muneration being

nd (3), the service

ose of seniority,

en an .opportunity of

shall make
s to be adjusted to the
anization.
ent of the amount
ity pnor to
pursuant to this Act.

nsumption of service
 38/75

to aircraft accident
nment of Nepal shall
raft to be occurred in
the territory of Nepal.
mpartial investigation
nt or serious incident.
investigation into
he establishment of the
uant to sub-section (2).
epal may constitute
investigation is to be
espect to any accident.
igation in full or in
egard to any accident.
tate of registration of
tive to represent in the
of aircraft t to
==
; " .s
.. O;.;
any incidents
40/75
ment of Nepal may
l or in part as the

d on need basis for

e In-charge of the

to the regulatory
icted areas of the

., in the restricted
ked without search
l stationed at the

.s

:(
:(
s.,,.,,,,•, ntof,-.:•.i,i-<"'>
l-0°

y also be used.
ction (1) shall be
ng.
ubstance or goods
on (1), the substance
n.
ting inves'tigation
ard aircraft upon

ngers with them shall

one even though any

ogram.
overnment of Nepal
ction (1) shall be as

a separate aviation
and the structures of

ate security
es and organizations
nstigated against air

n may make
on taking approval

Nepal pending

involved in

o land in any
handed over to the
over the
it back.
oon as
ng with
d cargo.
shment
ment of
during
scribed.
y issue
thin the
comply
issued.
44/75
cted in Nepal
operate an aerodrome

g four boundaries for

on of new aerodrome

and environmental

thorities and carry

L_
45/75
 n those approved.
nd take off from, the
proval is obtained.
g international

me certificate.
section (3) is not

which is not
on.
nmental organizations
dard services and
d the smooth operation
 46/75

ome may issue

in the aerodrome
all be the duty of all

ollowing matters to

erson located in

building, tower, tall

ibition to do so,
house, hut, tower, tall
conditions as
fully or partially such
roperties or device

onal restriction on
aerodrome or
on on such
of restriction must be

e the level of
ding area, and the

iable arrangement for

n the aerodrome

ea shall be aware
ome operator may
e or air route upon
and house if it is
of aerodrome .
y device installed in
uthorized by the
prior notice.
ollect the following

or parking of any

drome to be imported
y,
use of aerodrome
49/75
estaurant,

n the

e area,
supply ,

o failed to pay
tion service in the State of Nepal

ervice and aeronautical information

ch and rescue service.

ation service must prepare and enforce
on of air space, structure of air space,
State of Nepal.
ganization providing air navigation
equired to provide air traffic service

al shall provide aviation weather

 cribed.
quality
service
zation.
vy a
cation,
e made
Nepal.
52/75
o do or not to do the
ance of public order,

erritory or partial

concerning with
goods so handed over

would result in
,
r navigation service

son shall be
 of Nepal.
rder to the Director
l over the aircraft

d in a manner

nt of aviation

y dangerous epidemic
prohibit public flight

y measures in
may be posed by
 54/75
t.
revoke any order in
ct.
aircraft and person or
odrome operator and
tance as prescribed

ty, air safety

this Act fails to
nt of Nepal or if
es of the
any reason, the

and properties of
 -
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r... 1 :t T. sa ,-.r-
,, LAW BOOKS IV,ANAG=Mi:Nl
OE

55/75
enters Nepal without
ft shall be deem as a
iable to imprisonment

overflew Nepal
me of Encroachment
ment from one year to

(1) If any person

threat or use of force
ed as a crime of

ble to life
shall be liable to
 56/75

d the properties of the

all also be confiscated.
committed any of the
nst the flight security:
e aircraft in flight or if
curity of the aircraft,
by making the aircraft
s security in the flight,
ment installed in the
port equipment or fire
eto or caused loss and
or interfere with their
operation,
(d)
57/75
 liable to life
y shall be liable to

he crime as referred to
shall be liable to half
fender and ancillary

hed, or if an aircraft
ity in the flight or if
) of Section 74
n the aircraft operated

to life imprisonment,
ble to imprisonment

he crime as referred to
shall
nfiscated.
efaced or demolished
and aviation aids
evice and equipment
n and outside an
rectly related with air
med as a cnme against

in sub-section (1)
from one year to five

ir   transport: (1) If
or obstruction to
oyees working for
tted the act of causing
eir duties or in any
or in any other manner,
n

,.f
-ib:t 1 I.IJ
able to fine from five
ive years to ten years

on obstructed the
any electronic engine,
ave adverse impact on
obstruction of flight
rom five hundred
y of the crime.
or facilities to be used
other similar device,
nd the person who
ees to ten hundred

hed because of the

l be liable to life
nt to which the

d-E
5
flew an aircraft in a
the aircraft or other
uch an act shall be

or if an aircraft is
ender shall be liable

tion under this Act

e aircraft or persons
rovided service and
or Rules framed
organization shall
l be liable to
en hundred thousand

e or if an aircraft is
ffender shall be liable
hall also be confiscated.
without authorization
other type of aviation
shall be deemed as a
d such a person shall be
uch aircraft or aviation
ce shall be confiscated.
ft in flight or person
er shall be liable to
ousand to ten hundred
gravity of such a crime.
nishment: (1) If any
ers or other passengers
als of the aircraft or
including flight safety,
decent conduct, and a
,·
h.
er of the pilot in
b-section (1) and hand

oyee working for the

equipment or
uch an act shall be
e shall be liable to
for one year.
he following act, such

y under this Act or

under this Act or

under this Act or
as per the rules or if a

liable to fine up to
basis of gravity of the

ay hold in custody the

in law and order
housand rupees.
nsystematically
f Section 60 of the
one hundred

me committed on
nd properties shall be

lid certificate, license,

nnission may be
mposed under this

on to try and settle

eopardize any person

e flight made by such

ded in Nepal along

whose principal
me is committed on

carries punishment
hough such a crime
ction to hear the case
eaty signed by Nepal
 65/7
5

of Nepal shall have

erson is committing a
security personnel or
er to the competent

as well or that it
he security personnel
a crime.
fender as referred to in

conducted upon
basis of facts gathered
rther action is taken or

committed a crime
aircraft registered in
n of that person,
in Nepal.
ections 76,77,78,79
der or his/her

inal jurisdiction to
ishment under
isonment under this

fiscate any aircraft or

vering its verdict.
t, 2059 (2002) while
 67/75

ng crimes, the
d thousand rupee on

to this Act,
different than that
y nationality or

such a person from

crime:
the conditions as
ate or permission.
uments or without
to be essential,
 69/7
5
e granting

out
ed in such
tificate or

ch a person
me:
or
gnated by the

approval
where such

hedule,
70/75
he scheme for
oval of

navigation
ecessary

any
s the air
y may issue
at obstructed

ructure in a
aerodrome or
is required,
ent or
ought to the
er.
lowing crimes, the

he aerodrome, such

person shall be liable

termined in the
he house, hut or
deadline. If the said
h or remove with
nt due recover from
ordingly.
polluted the
red thousand rupees.
h a person the total

action or decision
4 and 95 shall be

pursuant to Sections
n 35 days from the

overned as per this Act

provides for
action will be taken
uting or imposing

including license,
 73/75

e deemed as
reference to that

provider requested for

rodrome or facilities
air navigation service
e Authority.
ng land as per sub-

ernment of Nepal,
ll not be held
o in good faith in the

me operator and air

ty and compensation
 the powers conferred
the Government of

frame
ct.

may frame
y under this Act,
the Government of
58) and the Nepal
mmencement of this
t of this

ivil Aviation

75/75