Aircraft Bill 2023
Objective
Make provisions for regulation and control of the design, manufacture, possession, use, operation, sale, import and export of aircraft in a simplified manner and remove redundancies in the existing Aircraft Act 1934.
Applicability
The Bill shall apply to:
- The whole of India;
- Citizens of India, wherever they may be;
- Persons on aircraft registered in Indian wherever they may be;
- The persons on aircraft registered outside India but for the time being in or over India;
- An aircraft operated by a person who is not a citizen of India but has his principal place of business or permanent residence in India.
Regulatory Authorities
The central government is vested with power to make rules relating to aviation under the Act. The Central government shall have the power to issue directions to the following regulatory bodies which have been instituted both in the existing Act and the proposed Bill:
Directorate General of Civil Aviation – Responsible for carrying out the safety oversight and regulatory functions in respect of matters specified in this Act or the rules made thereunder.
Bureau of Civil Aviation Security – Responsible for carrying out the regulatory and oversight functions in respect of matters relating to civil aviation security specified in this Act or the rules made thereunder.
Aircraft Accidents Investigation Bureau – Responsible for carrying out the functions in respect of matters relating to investigation of aircraft accidents or incidents specified in the Act or the rules made thereunder.
In addition to the above powers, the Central government shall have the power to make rules on matters such a registration of aircraft , regulation of airfares and related matters. The Aircraft Bill proposes to expand the scope of powers including but not limited to:
- Safety / security oversight,
- Issue/renewal of certification,
- Restriction on carrying of substances in aircraft,
- Detention of aircraft,
- Maintenance of aircraft,
- Navigation, and signal issues
Further the Bill proposes vesting emergency powers with the Central government to issue orders and take necessary action while protecting public health, safety, and tranquility.
The Bill proposes to vest further powers in the Central government for:
- Taking cognisance of offences
- Compounding offences
- Imposition of penalties
- Adjudication of financial penalties
Under the Act, if any person is aggrieved with the penalty imposed by an officer, they may appeal to a higher-ranking officer. The Bill proposes a second level of appellate officer to appeal in case of dissatisfaction with the order of the primary appellate officer. The central government shall be the final appellate authority.
The Indian aviation industry is all set to be the world’s third largest by 2024. With exponential growth being projected over the next few years, the draft Aircraft Bill 2023 is being considered a welcome legislation to simplify the law and making it effective while removing redundancies. The sky is the limit.
Reference:
https://prsindia.org/policy/monthly-policy-review/may-2023
For full text of the Aircraft Bill 2023:
