The Bharatiya Vayuyan Adhiniyam, 2024
Administered Ministry: Ministry of Civil Aviation
Section
Section 21 Power of Central Government to delegate.
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.
Section 22 Manner of determination and payment of compensation for loss or damage.
(1) If in consequence of any direction contained in any notification issued under sub-section (1) of section 18, 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 adequate 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 18, 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 and Conciliation Act, 1996 (26 of 1996) 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.
(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 adequate 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 18, 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 and Conciliation Act, 1996 (26 of 1996) 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.
Section 23 Appeal from award in respect of compensation.
Any person aggrieved by an award of the arbitrator made under section 22 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.
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.
Section 24 Arbitrator to have certain powers of civil courts.
The arbitrator appointed under section 22, 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 examination of witnesses.
(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 examination of witnesses.
Section 25 Penalty for contravention of rule made under this Act.
(1) If any person contravenes any provision of any rule made under clause (v) of sub-section (2) of section 10 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, or with fine which may extend to one crore rupees, or with both.
(2) If any person contravenes any provision of any rule made under clause (zb) of sub-section (2) of section 10 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 three years, or with fine which may extend to one crore rupees, or with both.
(3) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) an offence referred to in sub-section (2) shall be cognizable.
(4) In making any other rule under section 10, section 11, section 12, section 13, section 14 or section 17, the Central Government may, direct that a breach of it shall be punishable with imprisonment for a period which may extend to two years, or with fine which may extend to one crore rupees, or with both.
(2) If any person contravenes any provision of any rule made under clause (zb) of sub-section (2) of section 10 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 three years, or with fine which may extend to one crore rupees, or with both.
(3) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) an offence referred to in sub-section (2) shall be cognizable.
(4) In making any other rule under section 10, section 11, section 12, section 13, section 14 or section 17, the Central Government may, direct that a breach of it shall be punishable with imprisonment for a period which may extend to two years, or with fine which may extend to one crore rupees, or with both.
Section 26 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 two years, or with fine which may extend to one crore rupees, or with both.
Section 27 Penalty for failure to comply with directions issued under section 4 or section 6.
If any person wilfully fails to comply with any direction issued under section 4 or section 6, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one crore rupees, or with both.
Section 28 Penalty for failure to comply with directions issued under section 18.
(1) If any person wilfully fails to comply with any direction contained in any notification issued under section 18, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one crore 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 18 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:
Provided that the power to make rules under this sub-section shall be subject to the provisions of section 34.
(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 18 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:
Provided that the power to make rules under this sub-section shall be subject to the provisions of section 34.
Section 29 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.
Section 30 Composition of offences.
(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) , any offence punishable under this Act or under any rules made thereunder, not being an offence punishable with imprisonment only, or punishable with imprisonment and also with fine, may be compounded, either before or after the institution of any prosecution, by the Director General of Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft Accidents Investigation Bureau, as the case may be, in such manner, and for such amount not exceeding one crore rupees, as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date of commission of a similar offence which was earlier compounded or for which such person was earlier convicted.
(3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Central Government.
(4) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence by an officer referred to in sub-section (1) against the offender in relation to whom the offence is so compounded.
(6) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought to the notice of the court in which the prosecution is pending, in writing, by the officer referred to in sub-section (1), and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.
(7) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(8) No offence specified in sub-section (1) shall be compounded except as provided in this section.
(2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date of commission of a similar offence which was earlier compounded or for which such person was earlier convicted.
(3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Central Government.
(4) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence by an officer referred to in sub-section (1) against the offender in relation to whom the offence is so compounded.
(6) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought to the notice of the court in which the prosecution is pending, in writing, by the officer referred to in sub-section (1), and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.
(7) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(8) No offence specified in sub-section (1) shall be compounded except as provided in this section.
Section 31 Cognizance of offences.
(1) No court shall take cognizance of any offence punishable under this Act, save on a complaint made by or with the previous sanction in writing by the Director General of Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft Accidents Investigation Bureau, as the case may be.
(2) The complaint referred to in sub-section (1) shall be made within a period of one year from the date on which the offence came to the knowledge of 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, as the case may be.
(3) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), no court inferior to that of a Judicial Magistrate of the first class shall try the offences under this Act.
(2) The complaint referred to in sub-section (1) shall be made within a period of one year from the date on which the offence came to the knowledge of 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, as the case may be.
(3) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), no court inferior to that of a Judicial Magistrate of the first class shall try the offences under this Act.
Section 32 Adjudication of penalties.
(1) Notwithstanding anything contained in section 25, the Central Government may, in making any rule under section 10, section 11, section 12, section 13, section 14, or section 17, provide for imposition of penalty, not exceeding one crore rupees as may be prescribed, for the contravention of any rule.
(2) The Central Government may, by an order published in the Official Gazette, appoint such number of officers not below the rank of Deputy Secretary to the Government of India or equivalent, as it considers necessary, to be designated officers for adjudging penalty under sub-section (1), in such manner as may be prescribed.
(3) The Central Government may, while appointing designated officers under sub-section (2), also specify their jurisdiction in that order.
(4) Where the designated officer is satisfied that any contravention of the provisions of the rules has been committed by any person, he may, by an order in writing, impose penalty on such person stating the nature of contravention, the provision of rules which has been contravened and the reasons for imposing such penalty:
Provided that the designated officer shall, before imposing any penalty, give an opportunity of being heard to such person:
Provided further that the designated officer shall not proceed for imposition of penalty under subsection (4), if an action under this Act other than the imposition of such penalty has been initiated for contravention of same provision on the same cause of action.
(2) The Central Government may, by an order published in the Official Gazette, appoint such number of officers not below the rank of Deputy Secretary to the Government of India or equivalent, as it considers necessary, to be designated officers for adjudging penalty under sub-section (1), in such manner as may be prescribed.
(3) The Central Government may, while appointing designated officers under sub-section (2), also specify their jurisdiction in that order.
(4) Where the designated officer is satisfied that any contravention of the provisions of the rules has been committed by any person, he may, by an order in writing, impose penalty on such person stating the nature of contravention, the provision of rules which has been contravened and the reasons for imposing such penalty:
Provided that the designated officer shall, before imposing any penalty, give an opportunity of being heard to such person:
Provided further that the designated officer shall not proceed for imposition of penalty under subsection (4), if an action under this Act other than the imposition of such penalty has been initiated for contravention of same provision on the same cause of action.
Section 33 Appeal.
(1) Any person aggrieved by any order made under sub-section (2) of section 19 or under sub-section (4) of section 32, may prefer an appeal to the First Appellate Officer having jurisdiction in the matter who is next higher in rank to such officer who has passed the order.
(2) The First Appellate Officer may, after giving an opportunity of being heard to the parties, pass such order, as he thinks fit, confirming, modifying or setting aside the order appealed against.
(3) Any person aggrieved by any order passed by the First Appellate Officer, may prefer an appeal to the Second Appellate Officer having jurisdiction in the matter who is next higher in rank to the First Appellate Officer.
(4) The Second Appellate Officer may, after giving an opportunity of being heard to the parties, pass such order as he thinks fit, confirming, modifying or setting aside the order passed by the First Appellate Officer.
(5) Notwithstanding anything contained in the foregoing sub-sections, the appeal under sub-section (1) or under sub-section (3) against an order passed by the Director General of Civil Aviation or the Director General of Bureau of Civil Aviation Security shall lie to the Central Government.
(6) Where any order under sub-section (5) is passed by the Central Government, no further appeal shall lie against such order.
(7) Every appeal under this section shall be filed within thirty days from the date of receipt of the copy of the order passed, and in such form and manner and accompanied with such documents and fee as may be prescribed:
Provided that the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding thirty days.
(2) The First Appellate Officer may, after giving an opportunity of being heard to the parties, pass such order, as he thinks fit, confirming, modifying or setting aside the order appealed against.
(3) Any person aggrieved by any order passed by the First Appellate Officer, may prefer an appeal to the Second Appellate Officer having jurisdiction in the matter who is next higher in rank to the First Appellate Officer.
(4) The Second Appellate Officer may, after giving an opportunity of being heard to the parties, pass such order as he thinks fit, confirming, modifying or setting aside the order passed by the First Appellate Officer.
(5) Notwithstanding anything contained in the foregoing sub-sections, the appeal under sub-section (1) or under sub-section (3) against an order passed by the Director General of Civil Aviation or the Director General of Bureau of Civil Aviation Security shall lie to the Central Government.
(6) Where any order under sub-section (5) is passed by the Central Government, no further appeal shall lie against such order.
(7) Every appeal under this section shall be filed within thirty days from the date of receipt of the copy of the order passed, and in such form and manner and accompanied with such documents and fee as may be prescribed:
Provided that the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding thirty days.
Section 34 Rules to be made after publication.
Any power to make rules conferred by this Act is subject to the condition 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.
Section 35 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 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.
Section 36 Power of Court to order forfeiture.
Where any person is convicted of an offence punishable under sub-section (1) of section 25 or under any rule made under clause (r) of sub-section (2) of section 10, 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 the Central Government.
Section 37 Wreck and salvage.
(1) 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 water 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.
(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.
Section 38 Use of patented invention on aircraft not registered in India.
The provisions of the Patents Act, 1970 (39 of 1970) shall apply to the use of an invention on any aircraft not registered in India in like manner as they apply to the use of an invention in a foreign vessel.
Section 39 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 of such flight.
Section 40 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against any person for anything done in good faith or intended to be done under this Act.