Aircraft Act, 1934- Sections 9 to 20

9. Wreck and salvage.

9. Wreck and salvage.—(1) [i][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 Central Government may by notification in the Official Gazette, make such modifications of the said provisions in their application to aircraft as appear necessary or expedient.

9-A. Power of Central Government to prohibit or regulate construction of buildings, planting of trees, etc.

[ii][9-A. Power of Central Government to prohibit or regulate construction of buildings, planting of trees, etc.—(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 erected, or no tree, which is likely to grow or ordinarily grows higher than such height as may be specified in the notification, 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 the height of any building or structure or tree on such land is higher than the specified height, also direct the owner or the person having control of such building, structure or tree reduce the height thereof so as not to exceed the specified height, within such period as may be specified in the notification.

(2) In specifying the radius under clause (i) or clause (ii) of sub-section (1) and in specifying the height of any building, structure or tree under the said clause (ii), the Central Government shall have regard to—

(a) the nature of the aircraft operated or intended to be operated in the aerodrome; and

(b) the international standards and recommended practices governing the operations of aircraft.

(3) Where any notification has been issued under sub-section (1) directing the owner or the person having control of any building, structure or tree to demolish such building or structure or to cut such tree or to reduce the height of any building, structure or tree, a copy of the notification containing such direction shall be served on the owner or the person having the control of the building, structure or tree, as the case may be,—

(i) by delivering or tendering to such owner or person; or

(ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain; or failing service by these means;

(iii) by post.

(4) Every person shall be bound to comply with any direction contained in any notification issued under sub-section (1).

9-B. Payment of Compensations.

9-B. Payment of Compensations.—(1) If in consequence of any direction contained in any notification issued under sub-section (1) of Section 9-A, 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 where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;

(d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what, in their respective opinion, is a fair amount of compensation;

(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persons to whom such compensation shall be paid; and in making the award he shall have regard to the circumstances of each case and,—

(i) the damage sustained by the person to be compensated in his earnings;

(ii) if in consequence of any direction contained in any notification issued under sub-section (1) of Section 9-A the market value of the land immediately after the issue of such notification is diminished, the diminution in such market value;

(iii) where any building or structure has been demolished or any tree has been cut or the height of any building, structure or tree has been reduced in pursuance of any direction, the damage sustained by the person to be compensated in consequence of such demolition, cutting or reduction and the expenses incurred by such person for such demolition, cutting or reduction;

(iv) if the person to be compensated is compelled to change his residence or place of business, the reasonable expenses, if any, that may have to be incurred by him incidental to such change;

(f) where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons;

(g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section.

(2) Every award made by the arbitrator under clause (e) of sub-section (1) shall also state the amount of costs incurred in the proceedings before it and by what persons and in what proportions they are to be paid.

9-C. Appeals from awards in respect of compensation.

9-C. Appeals from awards in respect of compensation.—Any person aggrieved by an award of the arbitrator made under Section 9-B 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.

9-D. Arbitrator to have certain powers of civil courts.

9-D. Arbitrator to have certain powers of civil courts.—The arbitrator appointed under Section 9-B, 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 examinations of witnesses.]

10. Penalty for act in contravention of rule made under this Act.

10. Penalty for act in contravention of rule made under this Act.—(1) If any person contravenes any provision of any rule made under clause (1) if 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 [iii][fine which may extend to ten lakh rupees].

[iv][(1-A) 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 rubbish, filth and other polluted and obnoxious matters within a radius of ten kilometres from the aerodrome reference point, he shall be punishable with imprisonment which may extend to [v][three years, or with fine which may extend to ten lakh rupees], or with both.

(1-B) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence referred to in sub-section (1-A) shall be cognizable.]

(2) In making any other rule under Section 5 or in making any rule under [vi][Section 4, Section 7], Section 8, Section 8-A or Section 8-B, the Central Government may direct that a breach of it shall be punishable with imprisonment for a period which may extend to [vii][two years, or with fine which may extend to ten lakh rupees], or with both.

11. Penalty for flying so as to cause danger.

11. Penalty for flying so as to cause danger.—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 [viii][two years, or with fine which may extend to ten lakh rupees] or with both.

11-A. Penalty for failure to comply with direction issued under Section 5-A.

[ix][11-A. Penalty for failure to comply with direction issued under Section 5-A.—If any person wilfully fails to comply with any direction issued under Section 5-A, he shall be punishable with imprisonment for a term which may extend to [x][two years] or with fine which may extend to [xi][ten lakh] rupees, or with both.

11-B. Penalty for failure to comply with directions issued under Section 9-A.

11-B. Penalty for failure to comply with directions issued under Section 9-A.—(1) If any person wilfully fails to comply with any direction contained in any notification issued under Section 9-A, he shall be punishable with imprisonment for a term which may extend to [xii][two years, or with fine which may extend to ten lakh 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 9-A within the period specified in the 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 tree:]

[xiii][Provided that the power to make rules under this sub-section shall be subject to the provisions of Section 14.]

12. Penalty for abetment of offences and attempted offences.

12. Penalty for abetment of offences and attempted offences.—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.

13. Power of court to order forfeiture.

13. Power of court to order forfeiture.—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 Government.

14. Rules to be made after publication.

[xiv][14. Rules to be made after publication.—Any power to make rules conferred by this Act is subject to the conditions 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.]

14-A. Laying of rules before parliament.

14-A. Laying of rules before parliament.—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 [xv][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.

15. Use of patented invention on aircraft not registered in India.

15. Use of patented invention on aircraft not registered in India.—The provisions of Section 42 of the Indian Patents and Designs Act, 1911 (2 of 1911) shall apply to the use of an invention of any aircraft not registered in India in like manner as they apply to the use of an invention in a foreign vessel.

16. Power to apply customs procedure.

16. Power to apply customs procedure.—The Central Government may, by notification in the Official Gazette, declare that any or all of the provisions of the Sea Customs Act, 1878 (8 of 1878) shall, with such modifications and adaptations as may be specified in the notification, apply to the import and export of goods by air.

17. Bar of certain suits.

17. Bar of certain suits.—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 regard to wind, weather and all the circumstances of the case is reasonable, or by reason only of the ordinary incidents if such flight.

18. Saving for acts done in good faith under the Act.

18. Saving for acts done in good faith under the Act.—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.

19. Saving of application of Act.

19. Saving of application of Act.—(1) Nothing in this Act or in any order or rule made thereunder [xvi][other than a rule made under Section 8-A or under Section 8-B] 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 thereunder shall apply to or in respect of any lighthouse to which the Indian Lighthouse Act, 1927, (17 of 1927) applies or prejudice or effect any right or power exercisable by any authority under that Act.

20. Repeals.

20. Repeals.—[Repealed by the Repealing Act, 1938, 1 of 1938, S. 2 and Sch.]

References

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