section 15
Power of Central Government to make orders in emergency.
The Bharatiya Vayuyan Adhiniyam, 2024Infrastructure202443 sections8 chapters
Chapter V POWERS OF CENTRAL GOVERNMENT
Statutory text
- (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) Any order made under sub-section (1) shall have effect notwithstanding anything inconsistent therewith contained in any rule made under this Act.
- (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) 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) 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.
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