Aircraft Act, 1934 and Aircraft Rules 1937

What is “Aircraft”?

“Aircraft” means any machine which can derive support in the atmosphere from reactions of  the
air, other than reactions of the air against the earth’s surface and includes balloons whether
fixed or free, airships, kites, gliders and flying machines.

Objectives:

Aircraft Act, 1934 and Aircraft Rules, 1937 were enacted to regulate the civil aviation industry in
India. It emphasizes at making better provisions for: 

 Regulation of the manufacturing, possession, use, operation, sale and the import and export
of aircraft.
 Stipulating the parameters for determining air worthiness, maintenance of aircraft, general
conditions for flying and safety, registration of aircraft and the conduct of investigations in
case of any discrepancy. 

Applicability:

This Act is applicable to:

 Indian citizens,
 to aircraft registered in India and persons on it,
 to aircraft registered outside India and persons on it where meanwhile it is in India and
 to foreign person who operates an aircraft in India or has a principle place of business in
India.

 
The Rules, related therein provides for some exceptions in case of applicability:

 Aircraft registered in country other than India,

 Aircraft registered in India but operated in other contracting state

 
Authority Governing:

The Directorate General of Civil Aviation (DGCA) enforces civil aviation laws and controls
flight transportation, aviation health and flight worthiness. The Director-General is responsible
for investigation in case if any occurs. 

Salient Features of the Act: 

 A. UnderRule 30(2) there are two categories for registration of aircraft:

Category A

Aircraft wholly owned –

o By any Indian citizens,

o By Central or State government or their controlled company or corporations,
o By a registered company in India who gave aircraft on lease to any of the above 3
mentioned parties.

Category B

o Aircraft wholly owned:

 By any non-citizens who carry on any business in India,

 By registered company or corporation carrying on business in India.

B. Requisites for the application of registration of Aircraft

o Application must be accompanied by all particulars as required by Central

government
o Fees

-      for aircraft less than or of 15000 kgs, Rs. 20000/H’

-      for aircraft more than 15000 kgs, for every 1000kgs or part, Rs. 5000/H’

 In case of aircraft imported by air

-      Certificate signed by Assistant Commissioner of Customs or any officer above his rank
-      Duty to be paid
-      Type of aircraft and manufacturer’s number of aircraft and engine
-      Registration markings if it has been registered elsewhere

 Proof of truth of statements in the application 

    C. Other Important Clauses:

 Law gives type Certificate to an aircraft, its components and equipment items imported in
India. Its an essential to approve type certificate and validate it if it complies with the air
worthiness requirements as per set by Director General. It maybe cancelled anytime by DG if
found any defect or likely to cause safety doubt of the aircraft.
 The airworthiness of any aircraft is to be checked prior to grant of certificate. Application
made by owner or operator of aircraft to DG will be checked against all documents required
 for the grant of certificate. Cancellation of the certificate of airworthiness or its continued
validity is done when certain situations arise like-
 When aircraft does not comply with the rules and requisites laid down by DG

 When aircraft is modified or repaired not according to the rules.

 When aircraft suffers any major damage
 Wen aircraft suffers any defect which can compromise safety of the aircraft or the occupants.

 Licensing of Aerodromes: Aerodromes can only be used by any licensed aircraft and by
ones approved by DG in emergency crisis situation pertaining to national and international
purpose. License is only provided to public and private use. For qualification of license for
aerodrome, the following conditions are to be met:

 Indian citizens
 A company or corporate body registered or have principal place of business in India or
meets the criteria set by Central government.
 Company or corporation owned by central or state governments
 Registered society

 Application for Licensing of Aerodromes should be annexed to the DG with any additional
information as maybe necessary by the DG in the application, proof of information provided
in the application along with the Aerodrome Manual consisting of particulars of aerodrome
site required towards aerodrome information service, particulars of aerodrome operating
procedures and safety measure, aerodrome administration and safety management system.
Fee for license should be levied out according to Rule 85.

 
Penalties:

The penalties for the contravention are mentioned in Schedule VI of the Aircraft Rules
Under Aircraft Act, the following penalties are given:

 Penalty for contravention of any provisions of the Act – Imprisonment for 2 years or/and fine
up to Rs. 10 lakhs
 Penalty for dangerous flying – Imprisonment for 2 years or/and fine up to Rs. 10 lakhs.
 Penalty for failure to comply with directions under Sec 5A - Imprisonment for 2 years or/and
fine up to Rs. 1000
 Penalty for failure to comply with prohibition or regulation of construction of buildings,
planting of trees, etc. - Imprisonment for 2 years or/and fine up to Rs. 10 lakhs

Frequently Asked Questions

Q. Are here any nationality requirements to apply for Air Operator’s Certificate?
A. Yes, DGCA mentioned conditions for effective control-

 Scheduled or non-scheduled operator’s permit can be given to:

o Indian citizen
o A registered company having principal place for business in India whose chairman
and at least 2/3rd directors are Indian citizens, and which is owned and controlled by
Indian nationals.
  Air cargo operator’s permit can be granted to-

 Indian citizen
 Individual Indian groups or registered trust or society
 A NRI or foreign corporate body
 Registered Indian company having principal place of business in India

Q. Can any authority detain the aircraft?

A. Yes, DGCA has the power conferred to it under Sec 8(1)(b) of the Aircraft Act to detain any
aircraft if the aircraft is contravening the provisions of rules        or Act or to implement any order
made by the court 

Q. Is India a signatory to major International Conventions?

A. Yes, India is a party to Warsaw Convention (1929), The Hague Protocol (1955) and Montreal
Convention (1999).
 
Q. Can registration of ownership of aircraft be considered as proof of ownership?
A. Prima Facie, the Indian courts considers proof of ownership only for the certificate of registration
provided by DGCA in terms of Rule 30 of Aircraft Rules 1937.
 
Q. Where can an aggrieved person appeal in case he is not satisfied with the Award of the
arbitrator?
A. The aggrieved person against whom the award has been granted by the Arbitrator under Sec 9B
of the Aircraft Act 1934, can make an appeal to the High Court in the jurisdiction of the place where
aerodrome is situated within 30 days from the date of award.