Chapter V POWERS OF CENTRAL GOVERNMENT

The superintendence of the Directorate General of Civil Aviation, the Bureau of Civil Aviation Security and the Aircraft Accidents Investigation Bureau shall vest in the Central Government, which shall have the power to issue directions to each of these organisations, on any matters falling under sub-section (2) of sections 3, 5 and 7, respectively, if it considers necessary or expedient so to do in the public interest.

1. (1) Where the Central Government considers it necessary or expedient so to do in the public interest, it may, on receipt of a representation from any person or otherwise, review any order passed by the Director General of Civil Aviation under section 4 or by the Director General of Bureau of Civil Aviation Security under section 6 and issue such directions, as it deems fit, to the concerned Director General to rescind or modify the order so passed.
2. (2) The Director General of Civil Aviation or the Director General of Bureau of Civil Aviation Security, as the case may be, shall comply with every direction issued under sub-section (1) and either rescind or modify the order so passed by him under section 4 or section 6, as the case may be.

1. (1) Subject to the provisions of section 34, the Central Government may, by notification in the Official Gazette, make rules regulating the design, manufacture, maintenance, possession, use, operation, sale, import or export of any aircraft or class of aircraft and for securing the safety of aircraft operations.
2. (2) Without prejudice to the generality of the foregoing power, such rules may provide for---
   • (a) the authorities by which any of the powers conferred by or under this Act are to be exercised;
   • (b) the regulation of air transport services, and the prohibition of the use of aircraft in such services except under the authority of and in accordance with a licence authorising the establishment of the service;
   • (c) the economic regulation of civil aviation and air transport services, including the approval, disapproval or revision on tariff of operators of air transport services, other than the tariff referred to in clause (a) of sub-section (1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008); the officers or authorities who may exercise powers in this behalf; the procedure to be followed and the factors to be taken into account by such officers or authorities; appeals to the Central Government against orders of such officers or authorities and all other matters connected with such tariff. Explanation.---For the purposes of this clause, tariff includes fares, rates, valuation charges and other charges for air transport of passengers or goods, the rules, regulations, practices or services affecting such fares, rates, valuation charges and other charges and the rates, terms and conditions of commission payable to passenger or cargo sales agents;
   • (d) the information to be furnished by an applicant for, or the holder of, a licence authorising the establishment of an air transport service to such authorities as may be specified in the rules;
   • (e) the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained and the prohibition or regulation of the use of unlicensed aerodromes;
   • (f) the fees which may be charged at those aerodromes to which the Airports Authority of India Act, 1994 (55 of 1994) or the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008) does not apply or are not made applicable;
   • (g) the inspection and control of the design, manufacture, repair and maintenance of aircraft and of places where aircraft are being designed, manufactured, repaired or kept;
   • (h) the registration and marking of aircraft;
     • (i) the conditions under which aircraft may be flown, or may carry passengers, mails or goods, or may be used for industrial purposes and the certificates, licences or documents to be carried by aircraft;
   • (j) the inspection of aircraft or any facility for the design, manufacture, maintenance, or operation of aircraft for the purpose of enforcing the provisions of this Act and the rules thereunder;
   • (k) the licensing of persons employed in the operation, manufacture, repair or maintenance of aircraft;
   • (l) the licensing of persons engaged in air traffic control;
   • (m) the certification and licensing of personnel engaged in the operation of radio telephone or telegraph for the conduct of operation and maintenance of aircraft and associated equipment;
   • (n) the certification, inspection and regulation of communication, navigation and surveillance and air traffic management facilities;
   • (o) the measures to safeguard civil aviation against acts of unlawful interference;
   • (p) the regulation of air navigation services, that is, aeronautical information services, aeronautical charting and cartography services, aeronautical meteorological services, search and rescue services, procedure for air navigation services and aircraft operations other than those referred to in clause (n) and any other matter relating to air navigation services;
   • (q) the air-routes by which, and the conditions under which, aircraft may enter or leave India, or may fly within or over India, and the places at which aircraft shall land or take-off;
   • (r) the prohibition of flight by aircraft over any specified area, either absolutely or at specified times, or subject to specified conditions and exceptions;
   • (s) the supply, supervision and control of air-route beacons, aerodrome lights, and lights at or in the neighbourhood of aerodromes or on or in the neighbourhood of air-routes;
   • (t) the installation and maintenance of lights on private property in the neighbourhood of aerodromes or on or in the neighbourhood of air-routes, by the owners or occupiers of such property, the payment by the Central Government for such installation and maintenance, and the supervision and control of such installation and maintenance, including the right of access to the property for such purposes;
   • (u) the signals to be used for purposes of communication by or to aircraft and the apparatus to be employed in signaling;
     • (v) the prohibition and regulation of the carriage in aircraft of any specified article, dangerous goods or substance;
   • (w) the measures to be taken and the equipment to be carried for the purpose of ensuring the safety of life;
     • (x) the issue and maintenance of log-books;
   • (y) the manner and conditions of the issue or renewal of any licence, certificate or approval under this Act or the rules made thereunder, the examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender of such licence, certificate or approval, or of any log-book;
   • (z) the fees to be charged in connection with any inspection, examination, test, certificate, licence or approval, made, issued or renewed under this Act;
   • (za) the recognition for the purposes of this Act of licences and certificates issued elsewhere than in India relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft;
   • (zb) the prohibition of slaughtering and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matter within a radius of ten kilometres from the aerodrome reference point;
   • (zc) regulation for control of obstruction limiting surfaces around an aerodrome or communication and navigation services facility;
   • (zd) safety oversight and regulatory functions;
   • (ze) security oversight and its regulatory functions;
   • (zf) the areas and manner in which the Director General of Civil Aviation may issue directions for carrying out safety oversight and regulatory functions and grant exemption from compliance with such directions;
   • (zg) the areas and manner in which the Director General of Bureau of Civil Aviation Security may issue directions for carrying out security oversight functions and grant exemption from compliance with such directions;
   • (zh) to determine the amount of monetary penalty;
   • (zi) any matter subsidiary or incidental to the matters referred to in this sub-section.

1. (1) Subject to the provisions of section 34, the Central Government may, by notification in the Official Gazette, make such rules as appear to it to be necessary for carrying out the Convention relating to International Civil Aviation signed at Chicago on the 7th day of December, 1944 (including any Annex thereto relating to international standards and recommended practices) as amended from time to time.
2. (2) Notwithstanding anything contained in the Telecommunications Act, 2023 (44 of 2023), but subject to the provisions of section 34, the Central Government may, by notification in the Official Gazette, make such rules as may appear to it to be necessary or expedient for the issuance of Radio Telephone Operator (Restricted) Certificate and Licence to persons engaged in the operation and maintenance of aircraft, in accordance with the applicable provisions of the International Telecommunication Convention as amended from time to time.

1. (1) Subject to the provisions of section 34, the Central Government may, by notification in the Official Gazette, make rules providing for the investigation of any accident or incident arising out of or in the course of the navigation---
   • (a) in or over India of any aircraft; or
   • (b) anywhere of aircraft registered in India.
2. (2) Without prejudice to the generality of the foregoing power, such rules may---
   • (a) require notice to be given of any accident or incident in such manner and by such person as may be specified therein;
   • (b) apply for the purposes of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accident or incident;
   • (c) prohibit pending investigation access to or interference with aircraft to which an accident or incident has occurred, and authorise any person so far as may be necessary for the purposes of an investigation to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; and
   • (d) authorise or require the cancellation, suspension, endorsement or surrender of any licence or certificate granted or recognised under this Act when it appears on an investigation that the licence ought to be so dealt with, and provide for the production of any such licence for such purpose.

Subject to the provisions of section 34, the Central Government may, by notification in the Official Gazette, make rules for the prevention of danger arising to the public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, rules providing for any of the matters for which rules under sub-clauses (i) to (viii) of clause (p) of sub-section (1) of section 6 of the Indian Ports Act, 1908 (15 of 1908), may be made with respect to vessels and ports.

1. (1) If the Central Government is satisfied that India or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger.
2. (2) In any such case the Central Government may, without prejudice to the powers conferred by section 13, by notification in the Official Gazette, make such temporary rules with respect to aircraft and persons travelling or things carried therein and aerodromes as it deems necessary in the circumstances.
3. (3) Notwithstanding anything contained in section 34, the power to make rules under sub-section (2) shall not be subject to the condition of the rules being made after previous publication, but such rules shall not remain in force for more than three months from the date of notification: Provided that the Central Government may by special order continue them in force for a further period or periods of not more than three months in all.

1. (1) If the Central Government is of opinion that in the interest of public safety or tranquillity the issue of all or any of the following orders is expedient, it may, by notification in the Official Gazette,---
   • (a) cancel or suspend, either absolutely or subject to such conditions as it may think fit to specify in the order, all or any licence, certificate or approval issued under this Act;
   • (b) prohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of India;
   • (c) prohibit, either absolutely, or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft facility, Flying Training Organisation or place where aircraft are designed, manufactured, repaired or kept, or any class or description thereof; and
   • (d) direct that any aircraft or class of aircraft or any aerodrome, aircraft facility, Flying Training Organisation or place where aircraft are designed, manufactured, repaired or kept, together with any machinery, plant, material or things used for the design, operation, manufacture, repair or maintenance of aircraft shall be delivered, either forthwith or within a specified time, to such authority and in such manner as it may specify in the order, to be at the disposal of that Government for the public service.
2. (2) Any order made under sub-section (1) shall have effect notwithstanding anything inconsistent therewith contained in any rule made under this Act.
3. (3) Any person who suffers direct injury or loss by reason of any order made under clause (c) or clause (d) of sub-section (1) shall be paid such compensation as may be determined by such authority as the Central Government may appoint in this behalf.
4. (4) The Central Government may authorise such steps to be taken to secure compliance with any order made under sub-section (1) as appear to it to be necessary.
5. (5) Whoever knowingly disobeys, or fails to comply with, or does any act in contravention of, an order made under sub-section (1), shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and the Court by which he is convicted may direct that the aircraft or thing (if any) in respect of which the offence has been committed, or any part of such thing, shall be forfeited to the Central Government.

Subject to the provisions of section 34, the Central Government may, by notification in the Official Gazette, make rules which may provide for securing the safe custody and re-delivery of any property which, while not in proper custody, is found on any aerodrome or in any aircraft on any aerodrome and any such rules may, in particular, provide for---

1. (a) the payment of charges in respect of any such property before it is re-delivered to the person entitled thereto; and
2. (b) the disposal of any such property in cases where the same is not re-delivered to the person entitled thereto before the expiration of such period as may be specified therein.

1. (1) Any authority authorised in this behalf by the Central Government may detain any aircraft, if in the opinion of such authority---
   • (a) having regard to the nature of an intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other person or property; or
   • (b) such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule made under clause (q) or clause (r) of sub-section (2) of section 10 or to implement any order made by any court.
2. (2) Subject to the provisions of section 34, the Central Government may, by notification in the Official Gazette, make rules regulating all matters incidental or subsidiary to the exercise of this power.

1. (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,---
   • (a) 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;
   • (b) 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 to reduce the height thereof so as not to exceed the specified height, within such period as may be specified in the notification.
2. (2) In specifying the radius under clause (a) or clause (b) of sub-section (1) and in specifying the height of any building, structure or tree under the said clause (b), 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 operation of aircraft.
3. (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,---
   • (a) by delivering or tendering it to such owner or person; or
   • (b) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such owner or person or any adult 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 delivering by mail or any other electronic means; or
   • (c) failing service by any of the means specified in clause (a) or clause (b), by post.
4. (4) Every person shall be bound to comply with any direction contained in any notification issued under sub-section (1).

1. (1) Notwithstanding anything contained in this Act, if any person contravenes any of the provisions of this Act or the rules made or the directions issued thereunder, the Central Government or any officer authorised in this behalf, may impose any restriction or suspend or cancel the licence, certificate or approval issued to such person under this Act, in such manner as may be prescribed.
2. (2) On being satisfied that there has been contravention of the provisions of the Act or the rules made or directions issued under this Act by any person, the Central Government or any officer authorised under sub-section (1) may, by an order in writing,---
   • (i) suspend or cancel the licence, certificate or approval; or
   • (ii) impose restrictions on the licence, certificate or approval, issued to such person stating the nature of contravention of the respective provisions of the Act, rule or the direction which has been contravened and the reasons for such suspension or cancellation or imposition of restriction.
3. (3) The Central Government or the officer authorised under sub-section (1) shall, before passing an order under sub-section (2), give an opportunity of being heard to the person concerned.
4. (4) The Central Government may, in the rules made under this section, specify the grounds on which the licence, certificate or approval may be suspended or the circumstances under which such restrictions may be imposed with immediate effect.

The Central Government may, by notification in the Official Gazette, and for the reasons provided therein, exempt from all or any of the provisions of this Act or the rules made thereunder, any aircraft or class of aircraft and any person or class of persons, or may direct that such provisions shall apply to such aircraft or persons subject to such modifications as may be specified in the notification.

The Central Government may, by order published in the Official Gazette, direct that the powers (except the power to make rules under this Act) exercisable by it under this Act may also be exercisable by the Director General of Civil Aviation or the Director General of Bureau of Civil Aviation Security or the Director General of Aircraft Accidents Investigation Bureau or any other officer or authority specifically empowered in this behalf by the Central Government.