AIRCRAFT ACT, 1934
(1) This Act may be called The 1[***] Aircraft Act, 1934.
2[(2) It extends to the whole of India 3[***] and applies also—
(a) to citizens of India wherever they may be; and
(b) to, and to the persons on aircraft registered in India wherever they may be.]
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1. The word “Indian” omitted by Act 44 of 1960, sec. 1 (w.e.f. 26-11-1960).
2. Subs. by the A.O. 1950, for sub-section (2).
3. The words “except the state of Hyderabad” omitted by Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951).
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Legal Comments
In this Act, unless there is anything repugnant in the subject or context,—
(1) “aircraft” means any machine which can derive support in the atmosphere from reaction of the air 1[other than reactions of the air against the earth’s surface] and includes balloons, whether fixed or free, airships, kites, gliders and flying machines;
(2) “aerodrome” means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, piers and other structures thereon or appertaining thereto;
1[(2A) “aerodrome reference point”, in relation to any aerodrome, means a designated point established in the horizontal plane at or near the geometric centre of that part of the aerodrome reserved for the
The 1[Central Government] may, by notification in the 2[Official Gazette], exempt from 3[all or any of the provisions of this Act] any aircraft or class of aircraft and any person or class of persons, or may direct that such provisions shall apply to such aircraft or persons subject to such modifications as may be specified in the notification.
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1. Subs. by the A.O. 1937, for “Governor-General in Council”.
2. Subs. by the A.O. 1937, for “Gazette of India”.
3. Subs. by Act 37 of 1939, sec. 3, for “the provisions of this Act and of the rules made thereunder, or from any of such provisions” (w.e.f. 2-9-1939).
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The Central Government may, by notification in the Official Gazette, make such rules as appear to it to be necessary for carrying out the Convention relating to International Civil Aviation signed at Chicago on the 7th day of December, 1944 (including any Annex thereto relating to international standards and recommended practices) as amended from time to time.
1. Subs. by Act 12 of 1972, sec. 3, for section 4 (w.e.f. 20-4-1972).
(1) The 1[Central Government] may, by notification in the 2[Official Gazette], make rules regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft 3[and for securing the safety of aircraft operations.]
(2) Without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the authorities by which any of the powers conferred by or under this Act are to be exercised;
4[(aa) the regulation of air transport services, and the prohibition of the use of aircraft in such services except under the authority of and in accordance with a licence authorising the establishment of the service;
5[(ab) the economic regulation of civil aviation and air transport services, includ
(1) The Director-General of Civil Aviation or any other officer specially empowered in this behalf by the Central Government may, from time to time, by order, issue directions, consistent with the provisions of this Act and the rules made thereunder, with respect to any of the matters specified in clauses (b), (c), (e), (f), (g), (h) and (m) of sub-section (2) of section 5, to any person or persons engaged in aircraft operations or using any aerodrome, in any case where the Director-General of Civil Aviation or such other officer is satisfied that in the interests of the security of India or for securing the safety of aircraft operations it is necessary so to do.
(2) Every direction issued under sub-section (1) shall be complied with by the person or persons to whom such direction is issued].
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(1) If the 1[Central Government] is of opinion that in the interest of the public safety or tranquillity the issue of all or any of the following orders is expedient, 2[it] may, by notification in the 3[Official Gazette],—
(a) cancel or suspend, either absolutely or subject to such conditions as 2[it] may think fit to specify in the order, all or any licence or certificate issued under this Act;
(b) prohibit either absolutely or subject to such conditions as 2[it] may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of 4[India];
(c) prohibit, either absolutely or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft factory,
(1) The 1[Central Government] may, by notification in the 2[Official Gazette], make rules providing for the investigation of any accident arising out of or in the course of 3[the navigation—
(a) in or over 4[India] of any aircraft, or
(b) anywhere of aircraft registered in 4[India].]
(2) Without prejudice to the generality of the foregoing power, such rules may—
(a) require notice to be given of any accident in such manner and by such person as may be prescribed;
(b) apply for the purposes of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents;
(c) pr
(1) Any authority authorised in this behalf by the 1[Central Government] may detain any aircraft, if in the opinion of such authority—
(a) having regard to the nature of an intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons or property, or
(b) such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule made under 2[clause (h) or clause (i) of sub-section (2) of section 5] 3[or to implement any order made by any Court].
(2) The 1[Central Government] may, by notification in the 4[Official Gazette] make rules regulating all matters incidental or subsidiary to the exercise of this power.
The 2[Central Government] may, by notification in the 3[Official Gazette,] make rules for the prevention of danger arising to the public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, rules providing for any of the matters for which rules under sub-clauses (i) to (viii) of clause (p) of sub-section (1) of section 6 of the Indian Ports Act, 1908 may be made with respect to vessels and ports.]
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1. Ins. by Act 7 of 1936, sec. 2.
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(1) If the Central Government is satisfied that India or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger.
(2) In any such case the Central Government may, without prejudice to the powers conferred by section 8A, by notification in the Official Gazette, make such temporary rules with respect to aircraft and persons travelling or things carried therein and aerodromes as it deems necessary in the circumstances.
(3) Notwithstanding anything contained in section 14, the power to make r
The Central Government may, by notification in the Official Gazette, make rules which may provide for securing the safe custody and re-delivery of any property which, while not in proper custody, is found on any aerodrome or in any aircraft on any aerodrome and any such rules may, in particular, provide for—
(a) the payment of charges in respect of any such property before it is re-delivered to the person entitled thereto; and
(b) the disposal of any such property in cases where the same is not re-delivered to the person entitled thereto before the expiration of such period as may be specified therein.]
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1. Ins. by Act 12 of 1972, sec. 8 (w.e.f. 20-4-1972).
(1) 1[The provisions of Part XIII of the Merchant Shipping Act, 1958 (44 of 1958)] relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal waters as they apply to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship.
(2) The 2[Central Government] may, by notification in the 3[Official Gazette], make such modifications of the said provisions in their application to aircraft as appear necessary or expedient.
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1. Subs. by Act 12 of 1972, sec. 9, for “the provisions of Part VII of the Indian Merchant Shipping Act, 1923 (21 of 1923)” (w.e.f. 20-4-1972).
2. Subs. by the A
(1) If the Central Government is of opinion that it is necessary or expedient so to do for the safety of aircraft operations, it may, by notification in the Official Gazette,—
(i) direct that no building or structure shall be constructed or erected, or no tree shall be planted on any land within such radius, not exceeding twenty kilometres from the aerodrome reference point, as may be specified in the notification and where there is any building, structure or tree on such land, also direct the owner or the person having control of such building, structure or tree to demolish such building or structure or, as the case may be, to cut such tree within such period as may be specified in the notification;
(ii) direct that no building or structure higher than such height as may be specified in the notification shall be constructed or erect
(1) If in consequence of any direction contained in any notification issued under sub-section (1) of section 9A, any person sustains any loss or damage, such person shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,—
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is or has been qualified for appointment as a Judge of a High Court;
(c) the Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the loss or damage suffered by the person to be, compensated and
Any person aggrieved by an award of the arbitrator made under section 9B may, within thirty days from the date of such award, prefer an appeal to the High Court within whose jurisdiction the aerodrome is situate:
Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.]
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1. Ins. by Act 12 of 1972, sec. 10 (w.e.f. 20-4-1972).
The arbitrator appointed under section 9B, while holding arbitration proceedings under this Act, shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commissions for examination of witnesses.]
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(1) If any person contravenes any provision of any rule made under clause (1) of sub-section (2) of section 5 prohibiting or regulating the carriage in aircraft of arms, explosives or other dangerous goods, or when required under the rules made under that clause to give information in relation to any such goods gives information which is false and which he either knows or believes to be false or does not believe to be true he, and if he is not the owner, the owner also (unless the owner proves that the offence was committed without his knowledge, consent or connivance) shall be punishable with imprisonment which may extend to two years and shall also be liable to 1[fine which may extend to ten lakh rupees]
(1A) If any person contravenes any provision of any rule made under clause (qq) of sub-section (2) of Section 5 prohibiting the slaughter and flaying of animals and of depositing
Whoever wilfully flies any aircraft in such a manner as to cause danger to any person or to any property on land or water or in the air shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.
If any person wilfully fails to comply with any direction issued under section 5A, he shall be punishable with imprisonment for a term which may extend to six months or 2[with fine which may extend to ten lakh rupees], or with both.
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1. Ins. by Act 12 of 1972, sec. 11 (w.e.f 20-4-1972).
2. Subs. by Act 51 of 2000, sec. 2, for “with fine which may extend to one thousand rupees” (w.e.f. 1-1-2004).
(1) If any person wilfully fails to comply with any direction contained in any notification issued under section 9A, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or structure or cut any tree or fails to reduce the height of any building, structure or tree in pursuance of any direction contained in any notification issued under sub-section (1) of section 9A within the period specified in notification, then, subject to such rules as the Central Government may make in this behalf, it shall be competent for any officer authorised by the Central Government in this behalf to demolish such building or structure or cut such tree or reduce the height of such building, structure or tr
Whoever abets the commission of any offence under this Act or the rules, or attempts to commit such offence, and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence.
1[Where any person is convicted of an offence punishable under sub-section (1) of section 10 or under any rule made under clause (i) of sub-section (2) of section 5] the Court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to 2[Government].
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1. Subs. by Act 44 of 1960, sec. 5, for certain words (w.e.f. 26-11-1960)
2. Subs. by the A.O. 1950, for “His Majesty”.
Any power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication:
Provided that the Central Government may, in the public interest, by order in writing dispense with the condition of previous publication in any case.]
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1. Subs. by Act 69 of 1985, sec. 2, for section 14 (w.e.f. 16-10-1985).
Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session 2[for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
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1. Ins. by Act 44 of 1960, sec. 6 (w.e.f 26-11-1960).
The provisions of section 42 of the Indian Patents and Designs Act, 1911, shall apply to the use of an invention of any aircraft not registered in 1[India] in like manner as they apply to the use of an invention in a foreign vessel.
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1. Subs. by Act 24 of 1948, sec. 3, for “the Provinces” (w.e.f. 12-4-1948).
[Rep. by the Customs Act, 1962 (52 of 1962), sec. 160 and Sch. (w.e.f. 1-2-1963).]
No suit shall be brought in any Civil Court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having ragard to wind, weather and all the circumstances of the case is reasonable, or by reason only of the ordinary incidents of such flight.
No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.
(1) Nothing in this Act or in any order or rule made thereunder 1[other than a rule made under section 8Aor under section 8B] shall apply to or in respect of any aircraft belonging to or exclusively employed in the naval, military or air forces of the Union, or to any person in such forces employed in connection with such aircraft.
(2) Nothing in this Act or in any order or rule made there under shall apply to or in respect of any lighthouse to which the Indian Lighthouse Act, 1927, applies or prejudice or affect any right or power exercisable by any authority under that Act.
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1. Inserted by the Aircraft (Amendment) Act 12 of 1972, w.e.f. 20.04.1972.
[Rep.by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sch.]
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