The Bharatiya Vayuyan Adhiniyam, 2024

The Bharatiya Vayuyan Adhiniyam, 2024 (No. 16 of 2024) replaces the Aircraft Act, 1934, modernizing India’s aviation legal framework and has been notified on 11th December, 2024. The Act received the assent of the President on the 11th December, 2024. The new Act aims to provide for comprehensive regulation and control of aircraft design, manufacture, maintenance, possession, use, operation, sale, export, import, and related matters. It aligns Indian aviation law with international standards and addresses emerging challenges in the aviation sector. The new Act regulates entry, exit, and overflight of aircraft in Indian airspace, ensuring compliance with ICAO’s Annex 2 and air traffic management protocols.

The Bharatiya Vayuyan Adhiniyam, 2024 also incorporates detailed provisions for maintaining safety in civil aviation, adhering to ICAO's SARPs under Annexes 1 (Personnel Licensing), 6 (Operation of Aircraft), 8 (Airworthiness), and 13 (Accident Investigation). In line with Article 89 of the Chicago Convention, the Act empowers the Central Government to take emergency measures during national or international crises affecting aviation.

Detention and Enforcement Powers (Section 17): It authorizes the Central Government or an authorized authority to detain aircraft under specified conditions, such as ensuring compliance with the Act or rules made under it. Preventing contraventions of rules related to aircraft operations. While primarily intended for regulatory purposes, this power could also support creditors in enforcing claims against aircraft by detaining non-compliant or encumbered assets.

Key Features of the Bharatiya Vayuyan Adhiniyam, 2024

1. Applicability and Jurisdiction : Extends to the entire territory of India. Applies to all Indian citizens globally and to Aircraft registered in India, regardless of location, Foreign-registered aircraft operating in or over India. Non-citizens with a principal place of business or residence in India.

2. Institutional Framework: The lays down the following institution framework to govern and regulated the operations:

• Directorate General of Civil Aviation (DGCA): Continues as a safety oversight and regulatory authority. It powers have been expanded to issue directions for ensuring aviation security and safety.
• Bureau of Civil Aviation Security (BCAS): It has been constituted for oversight and regulation of civil aviation security.
• Aircraft Accidents Investigation Bureau (AAIB): AAIB is responsible for investigating aircraft accidents and incidents.

3. The new Act has expanded and incorporates detailed definitions for key aviation-related terms such as "aerodrome," "design," "maintenance," and "manufacture," enhancing clarity.

4. Central Government's Regulatory Powers: Rulemaking: Comprehensive rules governing design, manufacture, operation, maintenance, import/export of aircraft. Oversight over the issuance of safety and security-related directives. It also include Emergency Powers for suspension or cancellation of licenses or operations in public interest or safety.

5. Safety and Security Provisions: Ensures safe custody of unclaimed property at aerodromes. Prohibits construction or planting of objects that could obstruct aircraft operations within 20 km of aerodromes.

6. Licensing and Certifications: Provisions for licensing personnel involved in operations, maintenance, and air traffic control. Certification requirements for airworthiness and navigation equipment.

7. Enhanced Penalties: Stricter penalties for violations have been incorporated which include fine up to ?1 crore fines for specific offenses. Imprisonment up to 3 years for significant violations.

8. Alignment with International Standards: Reflects the Chicago Convention (1944) and other international aviation protocols.

Comparison with the Repealed Aircraft Act, 1934

1. Broader Scope:

• Aircraft Act, 1934: Limited to licensing and regulation of aircraft.
• 2024 Act: Encompasses the entire lifecycle of aviation operations, including design, manufacture, and global compliance.

2. Institutional Reorganization

• 1934 Act: Lacked a detailed institutional framework.
• 2024 Act: Formalizes DGCA, BCAS, and AAIB with clear roles and responsibilities.

3. Security Provisions

• 1934 Act: Focused primarily on air safety.
• 2024 Act: Emphasizes security against unlawful interference, aligning with global practices.

4. Stricter Penalties

• Higher fines and extended imprisonment terms under the 2024 Act to deter violations.
• New provisions for compounding of offenses.

5. Public Health and Safety

• Enhanced focus on preventing diseases spread via aviation, reflecting post-pandemic sensitivities.

6. Modern Definitions

• Expands terminologies to include modern aviation technologies and practices.

The Bharatiya Vayuyan Adhiniyam, 2024 represents an important step in modernizing India's aviation law, providing a robust framework to meet international standards and evolving domestic needs.