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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY;

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 18] NEW DELHI, THURSDAY, APRIL 20, 1972 CHAITRA 31,1894

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 20th April, 1972/Chaitra 31, 1894 (Saka)

The following Act of Parliament received the assent of the President on the 20th April, 1972, and is hereby published for general informa- tion:—

THE AIRCRAFT (AMENDMENT) ACT, 1972 No. 12 OF 1972 An Act further to amend the Aircraft Act, 1934.

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:—

1. This Act may be called the Aircraft (Amendment) Act 1972. Short title.

22 of 1934. 2. In section 2 of the Aircraft Act, 1934 (hereinafter referred to as the principal Act),—

Amend- ment of section 2.

(a) in clause (1), after the words "reactions of the air", the words "other than reactions of the air against the earth's surface" shall be inserted;

(b) after clause (2), the following clause shall be inserted, namely: —

'(2A) "aerodrome reference point", in relation to any aero- drome, means a designated point established in the horizontal plane at or near the geometric centre of that part of the aero- drome reserved for the departure or landing of aircraft;'. 3. For section 4 of the principal Act, the following section shall be substituted, namely:—

(61)

Substitu- tion of new section for section 4.

"4. 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 prac- tices) as amended from time to time.".

Power of Central Govern- ment to make rules to imple- ment the Conven- tion ot 3944.

4. In section 5 of the principal Act,—

Amend- ment of section 5.

(1) In sub-section (1), the words "and for securing the safety of

aircraft operations" shall be inserted at the end;

(ii) in sub-section (2), in clause (q), t he word "and" occurring at t he end shall be omitted and after that clause as so amended, the following clause shall be inserted, namely:—

"(qq) 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 t he aerodrome re- ference point; and".

5. After section 5 of the principal Act, the following section shall be

Inserted, namely:—

Insertion of new section 5A.

Power to issue directions.

"5A. (1) The Director General of Civil Aviation or any other officer specially empowered in this behalf by the Central Govern- m e nt may, from time to time, by order, issue directions, consistent with the provisions of this Act and the rules made thereunder, with respect to any of the matters specified in clauses (b), (e), (e), (f), (c/), (h) and (TO) of sub-section (2) of section 5, to any person or persons engaged in aircraft operations or using any aerodrome, in any case w h e re the Director General of Civil Aviation or such other "fflcer is satisfied that in the interests of the security of India or for securing the safety of aircraft operations It is necessary so to do.

(2) Every direction issued under sub-section (1) shall be compiled

"With by the person or persons to whom such direction is issued.".

6. Tn section 6 of the principal Act, after sub-section (1), the following

sub-section shall be inserted, namely:—

Amend- ment of section G.

"(1 A) Any order made under sub-section (1) shall have effect not- withstanding anything inconsistent therewith contained In any rule made under this Act.".

t. In section 8 of the princiDal Act, in clause (b) of sub-section (I),

Amend- ment of section 8.

fne words "or to implement any order made by any court" shall be In- serted at the end.

8. After section 8B of the principal Act, the following section shall be

inserted, namely: —

Insertion of new section BC.

Power of Central Uovern--

"3C. 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 pronerty which, while not in proper custody,

ment,

is found on any aerodrome or in any aircraft on any aerodrome and any such rules may, in particular, provide for—

(a) the payment of charges in respect of any such property

before it is re-delivered to the person entitled thereto; and

to rnakv rules for securing safe custody and re-delivery of un- claimed property.

(b) the disposal of any such property in cases where the same is not re-delivered to the person entitled thereto before the ex- piration of such period as may be specified therein.".

Amend- ment of - section 9.

9. In section 9 of the principal Act, in sub-section (1), for the words and figures "The provisions of Part VII of the Indian Merchant Shipping Act, 1923", the words and figures "The provisions of Part XIII of the Merchant Shipping Act, 1958" shall be substituted.

21 of 1923. 44 of 1958,

10. After section 9 of the principal Act, the following sections shall be

inserted, namely:—

Insertion of new sections 9A, 9B, 9C and 9D.

"9A. (1) If the Central Government is of opinion that it is neces- sary or expedient so to do for the safety of aircraft operations, it mayf by notification in the Official Gazette,—

Power of Central Govern- ment to prohibit or regulate construc- tion of buildings, planting of trees, etc (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 re- ference 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, struc- ture 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 build- ing 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) In specifying the radius under clause (1) 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 it 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 affix- ing 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;

(Hi) by post.

(4) Every person shall be bound to comply with any direction

contained in any notification issued under sub-section (1).

Payment of compen- sation.

9B. (/) If in consequence of any direction contained in any noti- fication issued under sub-section (1) of section 9A, any person sus- tains any loss or damage, such person shall be paid compensation the amount of which shall be determined in the manner and in accord- ance with the principles hereinafter set out, that is to say,—

(a) where the amount of compensation can be fixed by agree-

ment, 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 com- pensated 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 compen-

sated in his earnings;

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

{in) where any building or structure has been demo- lished or any tree has been cut or xhe height of any building, structure or tree has been reduced in pursuance of any direction, the damage sustained by the person to be compen- sated in consequence of such demolition, cutting or reduction and the expenses incurred by such person for such demoli- tion, 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 inci- dental to such change;

(/) 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;

19 af 1949.

(g) n cr ;ng in the Arbitrati@n Act, 1940 shall apply to arbi- trations n:, '.JI this section.

{?,) Every award made by the arbitrator under clause (e) of sub- section (!) shall also state the amount ©f costs incurred in the pro- ceedings before it and by what persons and in what proportions they are to be paid.

2C. Any person aggrieved by an award of the arbitrator made under section 9B may, within thirty days from the date of such award, prefer an appeal to the High C^ourt within whose jurisdiction the aerodrome is situate:

Appeals fraia awards ill respect af compen- sation.

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 appel- lant was prevented by sufficient cause from filing the appeal in time.

9D. The arbitrator appointed under section 9B, 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 in respect of the following matters, namely:—

S of 190b

(a) summoning and enforcing the attendance of any person

Arbitra- tor to have certain powers of civil courts.

and examiniag 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 fer examination of witnesses.".

11. After section 11 of the principal Act, the following sections shall

be inserted, namely:—

Insertion oi new sections HA and 11B.

"11A. If any person wilfully fails to comply with any direction issued under section 5A, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.

Penalty for failure to comply with direc- tions issued under section 5A.

11B. (1) If any person wilfully fails to comply with any direc- tion contained in any notification issued under section 9A, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.

Penalty for failure to comply with directions issued under section 9A.

(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 und^r sub-section (1) of section 9A within the period specified in the noti- fication, 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.".

Amwid- mont of section 19.

12. In section 19 of the principal Act, in sub-section (1), after the words "or in any order or rule made thereunder" the words, figures and letters "other than a rule made under section 8A or under section 8B" shall be inserted.

K. K. SUNDARAM,

Joint ySVcy. to the Govt. of India.

PRINTED "Y THE OENlMIAL MANAGER, GOVBRNMrNT OF INDIA PRESS, MINTO IWA1J,

NEW DELHI AND PUBLISHED HY THE MANAGhR OF PUBLICATIONS, DELHI, I >1 ±