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The Central Government hereby makes Aircraft (Second Amendment) Rules, 2021 of the Aircraft Act, 1934 (22 of 1934)
MINISTRY OF CIVIL AVIATION
NOTIFICATION
New Delhi, the 13th May, 2021
G.S.R. 327 (E).—Whereas, the draft of certain rules further to amend the Aircraft Rules, 1937, was published as required under section 14 of the Aircraft Act, 1934 (22 of 1934), vide notification of the Government of India in the
Ministry of Civil Aviation, number G.S.R. 42 (E), dated the 25th January, 2021 in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), inviting objections and suggestions from all persons likely to be
affected thereby, before the expiry of the period of fifteen days from the date on which copies of the Gazette
containing the said notification were made available to public;
And whereas, copies of the Gazette containing the said notification were made available to the public on the
25th January, 2021;
And whereas, the objections and suggestions received from the public in respect of the draft rules within the
period so specified have been taken into consideration;
Now, therefore, in exercise of the powers conferred by section 5, sub-section (2) of section 10, section 10A
and section 12A of the Aircraft Act, 1934 (22 of 1934) the Central Government hereby makes the following rules
further to amend the Aircraft Rules, 1937, namely: —
1. Short title and commencement.—
(1) These rules may be called the Aircraft (Second Amendment) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Aircraft Rules, 1937,—
(i) in rule 3, clauses (47B), (47C), (47D) and clause (47E) shall be omitted;
(ii) for rule 3B, the following rule shall be substituted, namely:—
“3B. Appeals. —
(1)
(i) Any person, aggrieved by an order passed by an officer in exercise of the
powers conferred on him by these rules, may prefer an appeal, to an appellate officer having
jurisdiction in the matter and is next higher in rank to the officer who has passed such order, within
a period of thirty days from the date on which the copy of the said order is received by him.
(ii) The appellate officer may after giving the parties to the appeal, an opportunity of being heard,
pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against.
(2)
(i) Where any person is aggrieved by an order passed by an appellate officer under sub-rule (1),
he may further prefer an appeal against such order, before the officer next senior to the appellate
officer and having jurisdiction in the matter, within a period of thirty days from the date on which
the copy of the said order is received by him.
(ii) The officer next senior to the appellate officer as referred to in sub-clause (i), may after giving
the parties to the appeal, an opportunity of being heard, pass such order as he thinks fit, confirming,
modifying or setting aside the order appealed against.
(3) Notwithstanding anything contained in sub-rules (1) and (2), —
(i) in case of an order passed by the Director-General, the appeal shall lie to the Secretary to the
Government of India in the Ministry dealing with the Civil Aviation matters and no further appeal
shall lie against such order of the said Secretary.
(ii) no further appeal shall lie against the order imposing penalty, passed by the appellate officer,
under the provisions of section 10A of the Aircraft Act, 1934 and rule 162 of these rules.
(iii) an order issued under section 5A of the Aircraft Act, 1934 shall not be appealable under this
rule.”;
(iii) rule 15A shall be omitted;
(iv) for rule 20, the following rule shall be substituted, namely:—
“20. Certain rules not applicable to Gliders and Kites. — The rule 7 shall not apply to gliders,
and rules 5, 6, 7, 12, 15, 17, 19 and the rules in Part III, with the exception of rule 26, shall not apply
to kites.”;
(v) for rule 161, the following rules shall be substituted, namely:—
“161. Offences and Compounding. —
(1) For the purposes of sub-section
(2) of section 10 of the
Aircraft Act, 1934, the Central Government directs that any person, who has breached any rule as
specified in Table 1 of Schedule VIA of these rules, shall be punishable with the penalty as specified
in paragraph 1 of that Schedule.
(2) It shall be a defence in any proceedings for contravention of or failure to comply with these rules
that such contravention or failure is caused or happened due to factors or circumstances beyond the
control of the person referred to in sub-rule (1) or without the knowledge or fault of such person.
Explanation. — For the removal of doubts it is hereby clarified that for the purposes of this sub-rule,
the expression ‘factors or circumstances’ may include, stress of weather, bonafide error or such
other unavoidable factors or circumstances.
(3) Subject to the provisions of section 12A of the Aircraft Act, 1934, Offences punishable under
sections 10, 11, 11A, 11B and section 12 of the said Act and rules as specified in schedule VIA to
these rules, may be compounded by the Director-General or any other officer specially empowered
under sub-section (4) of section 4A of the said Act, in accordance with the procedure as laid down
in the said Schedule.
162. Penalties. —
(1) Any person who has contravened any rule as specified in Schedule VIB of
these rules, shall be liable for imposition of penalty to the extent as laid down in such Schedule and
in accordance with the provisions of section 10A of the Aircraft Act, 1934.
(2) The penalty shall be adjudicated by the designated officers or the appellate officer, as the case
may be, in accordance with the procedure as laid down in the said Schedule.”;
(vi) for Schedule VI, the following Schedules shall be substituted, namely:—
“SCHEDULE VIA (See rule 161)
Punishment and Compounding of Offences
1. Offences punishable under the Aircraft Rules, 1937 with imprisonment for a term not exceeding two years or with fine not exceeding one crore rupees, or with both and amount for compounding thereof: —
2. Amount for compounding of offences punishable under sections 10, 11, 11A, 11B and section 12 of the Aircraft Act, 1934 (22 of 1934): —
3. Where such offence has been committed by the organisation, the amount for compounding of offences shall be as under: —
Note: — (1) “Individual” means a natural person.
(2) “Organisation” means a body corporate or an association of individuals whether registered or not.
(3) “Employee” means an individual appointed, employed or engaged by the organisation whether contractual, temporary or permanent.
4. Procedure for compounding of offences. —
(a) An application for compounding of an offence shall be made by the applicant to the Director-General or any
officer specially empowered by the Central Government in this behalf in Form A along with the fee of one thousand
rupees in the manner as laid down by the Director-General.
(b) On receipt of the application for compounding, such officer shall examine the application based on the documents
submitted and submissions made in the application.
(c) Such officer may call for any information, record or any other document from the applicant, if the same is
considered relevant to the compounding proceedings and in case the contravener fails to submit the additional
information or documents called for within the specified period, the application for compounding shall be liable for
rejection.
(d) Such officer may issue notice to all the concerned of the case to participate in the proceedings.
(e) During the compounding proceedings, such officer after giving due opportunity to the applicant of being heard,
shall determine the amount for compounding of offence in accordance with the Tables of paragraphs 1, 2 and
paragraph 3 and where the decision of such officer in respect the amount so determined is not acceptable to the
applicant then the applicant shall submit the same in writing to such officer within three days or within such
reasonable period as determined by such officer.
(f) After such submission by the applicant or non-submission with in such reasonable time, the compounding
proceedings shall cease and the matter shall be proceeded further in accordance with the provisions of the Aircraft
Act, 1934 and these rules and the Officer shall prepare a report in respect of these proceedings.
(g) The amount for which the contravention is compounded shall be paid in the manner as specified by the DirectorGeneral within the thirty days of the date of decision of compounding.
(h) In case a person fails to pay the amount for compounding within thirty days of the order, he shall be deemed to
have never made an application for compounding of any offence under the provisions of the Aircraft Act, 1934 and
these rules.
(i) The process of compounding of offences shall be completed expeditiously and not later than sixty days from the
date of application and this period of sixty days may be extended up to ninety days by the Director-General, for
reasons to be recorded in writing, in exceptional circumstances.
SCHEDULE VIB (See rule 162)
Penalties
1. Classification of severity levels of contravention and penalty thereof: —
Note: — (1) “Individual” means a natural person.
(2) “Organisation” means a body corporate or an association of individuals whether registered or
not.
(3) “Employee” means an individual appointed, employed or engaged by the organisation
whether contractual, temporary or permanent.
3. Procedure for adjudication of penalty by designated officers: —
(a) The designated officer upon his satisfaction that a person has contravened any of the rule as specified in the
Table 2 under paragraph 2 above, he may, after giving a reasonable opportunity of being heard to such person, by
an order in writing, impose penalty in accordance with Tables 1 and 2 under paragraphs 1 and 2 respectively,
upon such person, stating the nature of contravention, the provision of rules which have been contravened and the
reasons for imposing such penalty along with the demand notice.
(b) The designated officer shall not proceed for imposition of penalty against a person, where it comes to his
notice that the proceeding for suspension or cancellation of license, certificate or approval as the case may be, has
been initiated in pursuance of the section 10B of the Aircraft Act, 1934, for contravention of same rule on same
cause of action.
(c) A copy of penalty order passed along with the demand notice by the designated officer shall be served upon
such person by a recognised mode of service.
(d) The person aggrieved by the order issued under clause (a), may prefer an appeal in the Form B along with the
fee of one thousand rupees in the manner as laid down by the Director-General, within thirty days from the date
on which the copy of order issued by the designated officer is received by such person.
(e) The appellate officer may, after giving an opportunity of being heard to the appellant, pass a speaking order,
confirming, modifying or setting aside the order issued by the designated officer.
(f) The copy of appellate order passed by appellate officer shall be provided to the appellant and the concerned
designated officer.
(g) The designated officer, within thirty days from the date of the receipt of such order passed by the appellate
officer, shall grant the effect to the order by issuing a revised demand notice to the person against whom the order
has been passed for the amount of penalty imposed in the order.
(h) The penalty thus imposed shall be paid by such person in the manner as laid down by the Director-General
within thirty days of the service of demand notice upon the person. (i) In case the person on whom the penalty is imposed fails to pay such amount of penalty within the time as
stipulated in demand notice, then, the proceeding for cancellation or suspension of any licence, certificate,
authorisation, permit or approval, as the case may be, may be initiated under these rules.
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