The Ministry of Civil Aviation released the Draft Aircraft Bill, 2023 for public consultation.49 The Bill seeks to replace the Aircraft Act, 1934. 50 As per the Ministry, the proposed Bill seeks to meet the current needs of aviation regulation and specifies provisions in a simplified manner.
The draft Bill includes identical provisions with respect to:
(i) constituting bodies such as the Directorate General of Civil Aviation (DGCA) and the Bureau of Civil Aviation Security (BCAS), (ii) regulating construction of buildings or trees near airports, and (iii) emergency powers of the central government to protect public health. Key changes proposed in the draft Bill include:
▪ Applicability: Under the Act, the definition of aircraft includes machines supported by atmospheric reactions in the air. It also includes fixed/free balloons, airships, kites, gliders, and flying machines. The draft Bill removes fixed/free balloons, airships, kites, gliders, and flying machines from the definition of aircraft.
▪ Rule-making powers of central government: In addition to the general rule-making powers of the central government, the Act empowers the central government to make rules on specific matters. These include regulation of airfares, aircraft registration, and carriage of substances. The Draft Bills seeks to expand these to include: (i) security oversight, (ii) scope of oversight functions of the DGCA and BCAS, and (iii) issuance of radio telephone operator certificates and aircraft maintenance licenses.
▪ Appeal against imposition of 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 Draft Bills provides additional levels of appeal in case of dissatisfaction with the order of the appellate officer. The central government shall be the final appellate authority. Comments on the Draft Bill are invited until June 30, 2023.
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