AVIATION LEGAL

ENVIRONMENT

AVIATION LEGAL ENVIRONMENT

Unit-I
DGCA-Introduction to Directorate General of Civil Aviation-DGCA functions-DGCA
Organization-DGCA as Regulatory Authority
Unit-II
REGULATIONS-Aircraft Act 1934- The Aircraft Rules 1937
Unit-III
NATIONAL LEGISLATION -The Air corporations Act, 1953 (27 of 1953)
Unit-IV
CIVIL AVIATIONREQUIREMENTS (CAR)
Unit-V
INTERNATIONAL CONVENTIONS: The Chicago conventions, 1944

Table of Contents
Chapter

7
8
9
10
11
12
13

Chapter Name
UNIT I
INTRODUCTION TO DGCA
ORGANISATIONAL STRUCTURE OF DGCA
FUNCTIONS OF DGCA
UNIT II
AIRCRAFT ACT 1934
AIRCRAFT RULES 1937
UNIT III
AIR CORPORATION ACT 1953
UNIT IV
INTRODUCTION TO CIVIL AVIATION REQUIREMENTS
SECTION 1 GENERAL
SECTION 2 AIRWORTHINESS
SECTION 3 - AIR TRANSPORT
SECTION 4 - AERODROME STANDARDS AND LICENSING
SECTION 5 - AIR SAFETY
SECTION 6 - DESIGN STANDARDS AND TYPE

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CERTIFICATION
SECTION 7 - FLIGHT CREW STANDARDS, TRAINING AND

172

15
16
17

LICENSING
SECTION 8 - AIRCRAFT OPERATIONS
SECTION 9 - AIR SPACE AND AIR TRAFFIC MANAGEMENT
SECTION 11 - SAFE TRANSPORT OF DANGEROUS GOODS BY

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177
178

1
2
3
4
5
6

Page No
5
6
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39
97
133
140
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163
167
170
171

AIR
18
19
20
21

UNIT V
INTERNATIONAL CONVENTIONS
PART 1
PART II
PART III

180
181
191
198

UNIT I

CHAPTER 1: DGCA Directorate General of Civil Aviation

The Directorate General of Civil Aviation (DGCA) is the Indian governmental regulatory body
for civil aviation under the Ministry of Civil Aviation. This directorate investigates aviation
accidents and incidents. It is headquartered along Sri Aurobindo Marg, opposite Safdarjung
Airport, in New Delhi.The Government of India is planning to replace the organisation with a
Civil Aviation Authority (CAA), modelled on the lines of the American Federal Aviation
Administration (FAA).
13.1.2. Vision
Endeavour to promote safe and efficient Air Transportation through regulation and proactive
safety oversight system.
13.3. Departments
These are classified and divided into the following:

Administration Directorate.
Aerodrome Standards Directorate.
Air Safety Directorate.
Air Transport Directorate.
Airworthiness Directorate.
Flight Standard Directorate.
Information & Regulation Directorate.
Aircraft Engineering Directorate.
Directorate Of Flight Crew Licensing.
Training Section.
F.G. Section.
Medical Section.

CHAPTER 2: ORGANISATIONAL STRUCTURE OF DGCA

13.1.4. Regional offices

DGCA has fourteen Regional Airworthiness Offices (RAO) at Delhi, Mumbai, Chennai, Kolkata,
Bangalore, Hyderabad, Cochin, Bhopal, Lucknow, Patna, Bhubaneshwar, Kanpur, Guwahati and
Patiala. It has also five Regional Air Safety offices located at Delhi, Mumbai, Chennai, Kolkata
and Hyderabad. It has a Regional Research and Development Office located at Bangalore and a
Gliding Centre at Pune.

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11

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CHAPTER 3: FUNCTIONS
1. Registration of civil aircraft;
2. Formulation of standards of airworthiness for civil aircraft registered in India and grant of
certificates of airworthiness to such aircraft;
3. Licensing of pilots, aircraft maintenance engineers and flight engineers, and conducting
examinations and checks for that purpose;
4. Licensing of air traffic controllers;
5. Certification of aerodromes and CNS/ATM facilities;
6. Maintaining a check on the proficiency of flight crew, and also of other operational
personnel such as flight dispatchers and cabin crew;
7. Granting of Air Operator Certificates to Indian carriers and regulation of air transport
services operating to/from/within/over India by Indian and foreign operators, including
clearance of scheduled and non scheduled flights of such operators;
8. Conducting investigation into incidents and serious incidents involving aircraft upto 2250
kg AUW and taking accident prevention measures including formulation of
implementation of Safety Aviation Management Programmes;
9. Carrying out amendments to the Aircraft Act, the Aircraft Rules and the Civil Aviation
Requirements for complying with the amendments to ICAO Annexes, and initiating
proposals for amendment to any other Act or for passing a new Act in order to give effect
to an international Convention or amendment to an existing Convention;
10. Coordination of ICAO matters with all agencies and sending replies to State Letters, and
taking all necessary action arising out of the Universal Safety Oversight Audit
Programme (USOAP) of ICAO;
11. Supervision of the institutes/clubs/schools engaged in flying training including simulator
training, AME training or any other training related with aviation, with a view to ensuring
a high quality of training;
12. Granting approval to aircraft maintenance, repair and manufacturing organizations and
their continued oversight;
13. To act as a nodal agency for implementing Annex 9 provisions in India and for
coordinating matters relating to facilitation at Indian airports including holding meetings
of the National Facilitation Committee;
14. Rendering advice to the Government on matters relating to air transport including
bilateral air services agreements, on ICAO matters and generally on all technical matters
relating to civil aviation, and to act as an overall regulatory and developmental body for
civil aviation in the country;
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15. Coordination at national level for flexi use of air space by civil and military air traffic
agencies and interaction with ICAO for provision of more air routes for civil use through
Indian air space;
16. Keeping a check on aircraft noise and engine emissions in accordance with ICAO Annex
16 and collaborating with the environmental authorities in this matter, if required;
17. Promoting indigenous design and manufacture of aircraft and aircraft components by
acting as a catalytic agent;
18. Approving training programmes of operators for carriage of dangerous goods, issuing
authorizations for carriage of dangerous goods, etc.
19. Safety Oversight of all entities approved/ certified/ licensed under the Aircraft Rules
1937.
Air accident investigation
Previously the DGCA conducted investigations and gave information to the investigations
established by the Court of Inquiry and the Committee Inquiry. A separate investigative agency
was established to comply with the Standards And Recommended Practices (SARPs) of the
International Civil Aviation Organisation (ICAO). Therefore the Aircraft Accident Investigation
Bureau (AAIB) was established in 2011.
Aviation security
In January 1978 the Bureau of Civil Aviation Security (BCAS) was established as a department
of the DGCA. As a result of the 1985 bombing of Air India Flight 182, on 1 April 1987 the
BCAS became an independent agency of the Ministry of Civil Aviation.

DGCA Regulations
The Directorate General of Civil Aviation is the regulatory body in the field of Civil Aviation
primarily responsible for regulation of air transport services to/from/within India and for
enforcement of civil air regulations, air safety and airworthiness standards.
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The regulations are in the forms of the Aircraft Act, 1934, the Aircraft Rules, the Civil Aviation
Requirements, the Aeronautical Information Circulars. The Advisory and guidance material is in
the form of circulars.
The DGCA website offers a 'New and Updated' section that gives the latest in regulations. While
it is your responsibility to make sure all your regulations are up-to-date, this service should
assist.

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UNIT II

CHAPTER 4: AIRCRAFT ACT 1934

Introduction
Aerial navigation in the British India was governed by Indian Aircraft Act, 1911. After some
years of operation of the Act of 1911, it was increasingly felt that its provision were inadequate
to control air traffic efficiently or to implement Indias international obligations on signing the
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International Convention for the regulation of aerial navigation in 1919, without fresh legislation.
Accordingly to enlarge the rule making powers of the International Convention and its annexure
the Indian Aircraft Bill was introduced legislature.
Statement of Objects and Reasons
Aerial Navigation in British India was governed by the Indian Aircraft Act, 1911 and the rules
made there under. In 1919 an International Convention for the regulation of Serial Navigation
was signed by the Plenipotentiaries of 27 countries, with the object of establishing regulations of
universal applications and of encouraging peaceful intercourse with nations by means of aerial
communication. To this convention India was a signatory.
The Convention deals with all questions relation to International Aerial Navigation and also
provides for the institution of a permanent international commission for air navigation with very
wide powers as regards formulation of rules for the marking of aircraft, the grant of certificates,
rules of the air and so forth. This commission meets from time to time aimed the annexes of the
convention. Which contain the detailed rules to be observed by the aircraft of all signatory states
and by all aircrafts when within the borders of those states.
For some years past the inadequacy of the Indian Aircraft Act 1911, has been increasingly felt,
and the stage has now been reached where it is no longer possible to control air traffic efficiently,
or to implement Indias international obligations without fresh legislation. The present bill
therefore, is designed to enlarge the rule making powers of the Governor General in council
order to enable government to give full effect to the provision of International Convention and
its annexes and to provide for certain other matters on which legislation has become necessary.
The Aircraft Act of 1934
The Indian Aircraft Bill having been passed by the Legislature received the ascent of Governor
General in 19th August, 1934. It came on the status book as the Indian Aircraft Act 1934. In the
year 1960 by Sec 1 of the Aircraft, 1960 the word of Indian has been omitted with effect from
26.11.1960 and now it stands as the Aircraft Act 1934.
THE AIRCRAFT ACT, 1934

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(XXII OF 1934)
(Received the assent of the Governor General on 19-8-1934)
An Act to make better provision for the control of the manufacture, possession, use,
operation, sale, import and export of aircraft.
WHEREAS it is expedient to make better provision for the control of the manufacture,
possession, use, operation, sale, import and export of aircraft; it is hereby enacted as follows:This Act has been extended to the new Provinces and merged States by the Merged States (Laws)
Act, 1949 (59 of 1949), S.3 (1-1-1950) and to the Union territories of Manipur, Tripura and
Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950), S.3 (16-4-1950).
Vindhya Pradesh now forms part of M.P.State; see Act 37 of 1956, S.9(1) (e) (1-1-1956),
Manipur and Tripura are new States; See Act 81 of 1971, S.3(21-1-1972).
This Act has been extended to the Union territories of Goa, Daman and Diu, Dadra and Nagar
Haveli; and Laccadive, Minicoy and Amindivi Islands [now known as U.T. of Lakshadweep; See
Act 34 of 1973, S.3 (1-11- 1973) by Regn. 12 of 1962 (1-2-1965); Regn. 6 of 1963 (1-7-1965);
and Regn. 8 of 1965 (1-10-1967). Goa is now a State; See Act 18 of 1987, S. 3(30-5-1987).
This Act applies to French Establishments from 1-1-1954; see French Establishments
(Application of Laws) Order, 1954.
1. Short title and extent.- (1) This Act may be called The a[xx] Aircraft Act, 1934.
b[(2) It extends to the whole of India c[* * * ] and applies also(a) to citizens of India wherever they may be; d[***]
(b) to, and to the persons on, aircraft registered in India wherever they may be;]
e[(c) to, and to the persons on, aircraft registered outside India but for the time being in or over
India; and
(d) to an aircraft operated by a person who is not a citizen of India but has his principal place of
business or permanent residence in India.]
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[a] Word Indian omitted by the Aircraft (Amendment) Act, 1960 (44 of 1960), S.1(26-111960).
[b] Substituted for the original sub-section (2) by A.L.O., 1950.
[c] Words except the State of Hyderabad omitted by Part B States (Laws) Act, 1951 (3 of
1951), S.3 and Sch.(1-4-1951).
[d] Word and omitted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
[e] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
The Aircraft (Amendment) Act, 2007 (44 of 2007) came into force with effect from 01-02-2008
vide Notification No. AV.11012/3/2000-A dated 21st January 2008
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,(1) "aircraft" means any machine which can derive support in the atmosphere from reactions of
the air, a[other than reactions of the air against the earth's surface] and includes balloons, whether
fixed or free, airships, kites, gliders and flying machines;
(2) " aerodrome" means any definite or limited ground or water area intended to be used, either
wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds,
vessels, piers and other structures thereon or appertaining thereto;
b[(2A) "aerodrome reference point", in relation to any aerodrome, means a designated point
established in the horizontal plane at or near the geometric centre of that part of the aerodrome
reserved for the departure or landing of aircraft;]
(3) "import" means bringing into c[India]; and (4) "export" means taking out of c[India].
[a] Inserted by the Aircraft (Amendment) Act, 1939 (12 of 1972), S.2(20-4-1972).
[b] Inserted , ibid.
[c] Substituted for "the Provinces" by the Aircraft (Amendment) Act, 1948 (24 of 1948), S.3(124-1948).
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3. Power of Central Government to exempt certain aircraft.- The a[Central Government]

may, by notification in the a[Official Gazette], exempt from b[all or any of the provisions of this
Act] 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.
[a] Subtituted for "G.G.in C" and "Gazette of India" by A.L. O. 1937.
[b] Subtituted for the words "the provisions of this Act and of the rules made thereunder, or from
any of such provisions" by the Aircraft (Amendment) Act, 1939 (37 of 1939), S.3 (2-9- 1939).
a[4. Power of Central Government to make rules to implement the Convention of 1944.b[Subject to the provisions of section 14,] 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.]
[a] Substituted by the Aircraft (Amendment) Act, 1972 (12 of 1972)
[b] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
a[4A. Safety oversight functions.- The Director General of Civil Aviation or any other officer
specially empowered in this behalf by the Central Government shall perform the safety oversight
functions in respect of matters specified in this Act or the rules made there under.]
[a] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
5. Power of Central Government to make rules.- (1) a[Subject to the provisions of section 14,]
the b[Central Government] may, by notification in the b[Official Gazette], make rules
c[regulating the manufacture,]
The Aircraft (Amendment) Act, 2007 (44 of 2007) came into force with effect from 01-02-2008
vide Notification No. AV.11012/3/2000-A dated 21st January 2008 possession, use, operation,
sale, import or export of any aircraft or class of aircraft d[and for securing the safety of aircraft
operation.]
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(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;
e[(aa) 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;
f[(ab) the economic regulation of civil aviation and air transport services, including the approval,
disapproval or revision of tariff of operators of air transport services; 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 rates, terms and conditions of
commission payable to passenger or cargo sales agents;]
(ac) the information to be furnished by an applicant for, or the holder of, a licence authorizing the
establishment of an air transport service to such authorities as may be specified in the rules;]
g[(b) the licensing, inspection and regulation of aerodromes, the conditions under which
aerodromes may be maintained, the prohibition or regulation of the use of unlicensed
aerodromes;
(ba) the fees which may be charged at those aerodromes to which h[the Airports Authority of
India Act, 1994] does not apply or is not made applicable;]
(c) the inspection and control of the manufacture, repair and maintenance of aircraft and of
places where aircraft are being manufactured, repaired or kept;
(d) the registration and marking of aircraft;

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(e) 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;
(f) the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules
there under, and the facilities to be provided for such inspection;
(g) the licensing of persons employed in the operation, manufacture, repair or maintenance of
aircraft;
i[(ga) the licensing of persons engaged in air traffic control;
(gb) the certification, inspection and regulation of communication, navigation and surveillance or
air traffic management facilities;
(gc) the measures to safeguard civil aviation against acts of unlawful interference;]
(h) the air-routes by which and, the conditions under which aircraft may enter or leave j[India],
or may fly over j[India], and the places at which aircraft shall land;
(i) the prohibition of flight by aircraft over any specified area, either absolutely or at specified
times, or subject to specified conditions and exceptions;
(j) 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;
k[(jj) 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;]
(k) the signals to be used for purposes of communication by or to aircraft and the apparatus to be
employed in signalling;
(l) the prohibition and regulation of the carriage in aircraft of any specified article or substance;
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(m) the measures to be taken and the equipment to be carried for the purpose of ensuring the
safety of life;
(n) the issue and maintenance of log-books;
(o) the manner and conditions of the issue or renewal of any licence or certificate under the Act
or the rules, the examinations and tests to be undergone in connection therewith, the form,
custody, production, endorsement, cancellation, suspension or surrender of such licence or
certificate, or of any log-book;
(p) the fees to be charged in connection with any inspection, examination, test, certificate or
licence, made, issued or renewed under this Act;
(q) the recognition for the purposes of this Act of licences and certificates issued elsewhere than
in h[India] relating to aircraft or to the qualifications of persons employed in the operation,
manufacture, repair or maintenance of aircraft l[* *];
l[(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 kilometers form the aerodrome
reference point; and]
(r) any matter subsidiary or incidental to the matters referred to in this sub-section.
[a] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
[b] Substituted for the words "Governor- General in Council" and " Gazette of India" by A.L.O.
1937.
[c] For Indian Aircraft Rules, 1937, Gaz. of India, Pt. I, Pp.633 to 719.
[d] Inserted by the Aircraft (Amendment) Act, 1972 (12 of 1972), S.4(20-4-1972).
[e] Clauses (aa) and (ab) inserted by the Aircraft (Amendment) Act, 1944 (5 of 1944), S.2(7-31944).
[f] Clause (ab) re-lettered as clause (ac) thereof and before it as so re-lettered, clause (ab)
inserted by the Aircraft (Amendment) Act, 1983 (1 of 1983), S.2(26-3-1983).
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[g] Substituted by the International Airports Authority Act, 1971 (43 of 1971), S. 41 (26-11972). Subsequently, clause (b) amended and clause (ba) inserted by the Aircraft (Amendment)
Act, 2007 (44 of 2007)
[h] Inserted by the Airports Authority of India Act, 1994 (55 of 1994), S.45(12-9-1994).
[i] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
[j] Substituted for the words "the Provinces" by the Aircraft (Amendment) Act, 1948 (24 of
1948), S.3 (12-4-1948).
[k] Inserted by the Aircraft (Amendment) Act, 1939 (37 of 1939), S.4(29-9-1939).
[l] Word "and" omitted and clause (qq) inserted by the Aircraft (Amendment) Act, 1972 (12 of
1972), S.4 (20-4-1972).
[m] Sub-section (3) omitted by the Aircraft (Amendment) Act, 1960 (44 of 1960), S.3(26-111960).
a[5A. Power to issue directions.- (1) The Director-General of Civil Aviation or any other officer
specially empowered in this behalf by the Central Government may, from time to time, by order,
issue directions, consistent with the provisions of this Act and the rules made there under, with
respect to any of the matters specified in clauses b[(aa)], (b), (c), (e), (f), (g), b[(ga), (gb), (gc)],
(h), b[(i)], (m) and b[(qq)] of sub-section (2) of section 5, to any person or persons using any
aerodrome or engaged in the aircraft operations, b[air traffic control, maintenance and operation
of aerodrome, communication, navigation, surveillance and air traffic management facilities and
safeguarding civil aviation against acts of unlawful interference], in any case where the DirectorGeneral of Civil Aviation or such other officer 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 complied with by the person or persons
to whom such direction is issued].
[a] Inserted by the Aircraft (Amendment) Ac, 1972 (12 of 1972), S.5(20-4-1972).
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[b] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)

6. Power of Central Government to make orders in emergency.- (1) If the a[Central
Government] is of opinion that in the interest of the public safety or tranquillity the issue of all or
any of the following orders is expendient, b[it] may, by notification in the a[Official Gazette],(a) cancel or suspend, either absolutely or subject to such conditions as b[it] may think fit to
specify in the order, all or any licences or certificates issued under this Act;
(b) prohibit either absolutely or subject to such conditions as b[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 c[India];
(c) prohibit, either absolutely or conditionally, or regulate the erection, maintenance or use of any
aerodrome, aircraft factory, flying- school or club, or place where aircraft are manufactured,
repaired or kept, or any class or description thereof; and (d) direct that any aircraft or class of
aircraft, or any aerodrome, aircraft factory, flying school or club, or place where aircraft are
manufactured, repaired or kept, together with any machinery, plant, material or things used for
the 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 b[it] may specify in the order,
to be at the disposal of d[Government] for the public service.
e[(1A) Any order made under sub-section (1) shall have effect notwithstanding anything
inconsistent therewith contained in any rule made under this Act.]
(2) 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 a[Central Government] may appoint in this behalf.
(3) The a[Central Government] may authorise such steps to be taken to secure compliance with
any order made under sub-section (1) as appear to a[it] to be necessary.
(4) 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
25

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 d[Government].
[a] Substituted for the words "G.G. in C" and "Gazette of India" by A.L.O. 1937.
[b] Substituted for the words "he", ibid.
[c] Substituted for the words "the Provinces" by the Aircraft (Amendment) Act (24 of 1948),
S.3(12-4-1948).
[d] Substituted for the words "His Majesty" by A.L.O. 1937.
[e] Inserted by the Aircraft (Amendment) Act (12 of 1972), S.6)20-4-1972).
7. Power of Central Government to make rules for investigation of accidents.- (1) a[Subject
to the provisions of section 14,] the b[Central Government] may, by notification in the b[Official
Gazette], make rules providing for the investigation of any accident a[or incident] arising out of
or in the course of c[the navigation(a) in or over d[India] of any aircraft, or
(b) anywhere of aircraft registered in d[India].]
(2) Without prejudice to the generality of the foregoing power, such rules may (a) require notice to be given of any accident a[or incident] in such manner and by such person as
may be prescribed;
(b) apply for the purposes for such investigation, either with or without modification, the
provisions of any law for the time being in force relating to the investigation of accidents a[or
incident];
(c) prohibit pending investigation access to or interference with aircraft to which an accident a[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

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(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.
[a] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
[b] Substituted for the wordsG.G. in C. and Gazette of India by A.O.1937.
[c] Substituted for the words "air navigation in or over British India", by the Aircraft
(Amendment) Act, 1939 (37 of 1939), S.5(29-9-1939).
[d] Substituted for the words "the Provinces" by the Aircraft (Amendment) Act, 1948 (24 of
1948), S.3(12-4-1948).
8. Power to detain aircraft.- (1) Any authority authorised in this behalf by the a[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 persons 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 b[ clause (h) or clause (i) of sub-section(2) of section 5] c[or to implement any
order made by any Court.]
(2) d[Subject to the provisions of section 14,] the a[Central Government] may, by notification in
the e[Official Gazette] make rules regulating all matters incidental or subsidiary to the exercise
of this power.
[a] Subsitituted for the words "G.G. in C" by A.O. 1937.
[b] Reinstated after the lapse of the amendment by substitution made by the Defence of India
Act, 1939 (35 of 1939),S.6.
[c} Inserted by the Aircraft (Amendment] Act, 1972 (12 of 1972], S.7(20-4-1972).

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[d] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)

[e] Substituted by A.L.O. 1937.
a[8A. Power of Central Government to make rules for protecting the public health.b[Subject to the provisions of section 14,] the c[Central Government] may, by notification in the
c[Official Gazette,] make d[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, may be made with respect to vessels
and ports.]
[a] Inserted by the Aircraft (Amendment) Act, 1936 (7 of 1936), S.2.
[b] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
[c] Substituted for the wordsG.G. in C. and Gazette of India by A.O.1937.
[d] See the Indian Aircraft (Public Health) Rules, 1954, Published in Gazette of India, 1955,
Pt.II- Sec.3,p.2095.
a[8 B. Emergency powers for protecting the public health.- (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) In any such case the Central Government may, without prejudice to the powers conferred by
section 8A, 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.
28

(3) Notwithstanding anything contained in section 14, the power to make rules under subsection(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.]
[a] Section 8B was inserted by the Aircraft (Amendment) Act, 1938(22 of 1938), Section 2(249-1938).
a[8 C. Power of Central Government to make rules for securing safe custody and redelivery of unclaimed property.- b[Subject to the provisions of section 14,] the Central
Government may, by notification in the Official Gazette, make rules which may provide for
securing the safe custody and re- delivery of ay 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
(a) the payment of charges in respect of any such property before it is re-delivered to the person
entitled thereto; and
(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.]
[a] Inserted by the Aircraft (Amendment) Act 12 of 1972, S.8(20-4-1972).
[b] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
9. Wreck and Salvage.- (1) a[The provisions of Part XIII of the Merchant Shipping Act, 1958]
relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal waters 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 b[Central Governent] may, by notification in the b[Official Gazette], make such
modifications of the said provisions in their application to aircraft as appear necessary or
expedient.
29

[a] Subtituted for the words and figures " The provisions of Part, VII of the Indian Merchant
Shipping Act, 1923" by the Aircraft (Amendment) Act (12 of 1972), S.9)(20-4-1972).
[b] Substituted by A.L.O.1937.
a[ 9 A. Power of Central Government to prohibit or regulate construction of buildings,
planting of trees etc.- (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,(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 kilometers 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;
(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 kilometers 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) In specifying the radius under clause (i) 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.

30

(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 affixing a
copy thereof on the outer door or on some conspicuous part of the premies 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;
(iii) by post.
(4) Every person shall be bound to comply with any direction contained in any notification
issued under sub - section (1).]
[a] Inserted by the Aircraft (Amendment) Act, 1972 (12 of 1972), S.10 (20-4-1972).
a[ 9 B. Payment of compensation.- (1) If in consequence of any direction contained in any
notification issued under sub- Section (1) of section 9 A, 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 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;
31

(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 subsection
(1) of section 9 A 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 Act, 1940 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] Inserted by the Aircraft (Amendment) Act, 1972 (12 of 1972), S.10 (20-4-1972).

32

a[ 9C. Appeals from awards in respect of compensation.- 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 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.]
[a] Inserted by the Aircraft (Amendment) Act, 1972 (12 of 1972), S.10 (20-4-1972).
a[ 9D. Arbitrator to have certain powers of civil Courts.- 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:(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] Inserted by the Aircraft (Amendment) Act, 1972 (12 of 1972), S.10 (20-4-1972).
a[10. Penalty for act in contravention of rule made under this Act.- (1) If any person
contravenes any provision of any rule made under clause (l) of sub-section (2) of section 5
prohbiting 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 and shall also be liable to fine b[which may
extend to ten lakh rupees.]
33

c[(1A) If any person contravenes any provision of any rule made under clause (qq) of subsection (2) of section
5 prohibiting the slaughter 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, he shall be punishable with imprisonment which may extend to d[three years, or with fine
which may extend to ten lakh rupees], or with both.
(1B) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence
referred to in sub-section (1A) shall be cognizable.]
a[(2) In making any other rule under section 5 or in making any rule under b[section 4,] section
7, section 8, section 8A or section 8B, the Central Government may direct that a breach of it shall
be punishable with imprisonment for a period which may extend to e[two years, or with fine
which may extend to ten lakh rupees], or with both.]
[a] Substituted for the original section by the Aircraft (Amendment) Act, 1960 (44 of 1960),
S.4(26-11-1960).
[b] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)
[c] Inserted by the Aircraft (Amendment) Act, 1988 (50 of 1988).
[d] Substituted for the words one year, or fine which may extend to two thousand rupees by
the Aircraft (Amendment) Act, 2007 (44 of 2007)
[e] Substituted for the words three months, or with fine which may extend to one thousand
rupees by the Aircraft (Amendment) Act, 2007 (44 of 2007)
11. 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 a[two years, or with fine which
may extend to ten lakh rupees,] or with both.
[a] Substituted for the words six months, or with fine which may extend to one thousand
rupees by the Aircraft (Amendment) Act, 2007 (44 of 2007)
34

a[ 11A. Penalty for failure to comply with directions issued under section 5A.- 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 b[two years] or with fine which may extend to
c[ten lakh] rupees, or with both].
[a] Inserted by the Aircraft (Amendment) Act, 1972 (12 of 1972), S.10 (20-4-1972).
[b] Substituted for the words six months by the Aircraft (Amendment) Act, 2007 (44 of 2007)
[c] Substituted for the words one thousand by the Aircraft (Amendment) Act, 2000 (51 of
2000)
a[11B. Penalty for failure to comply with directions issued under section 9A.- (1) If any
person wilfully fails to comply with any direction contained in any notification issued under
section 9A, he shall be punishable with imprisonment for a term which may extend to b[two
years, or with fine which may extend to ten lakh 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 9A 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:]
c[Provided that the power to make rules under this sub-section shall be subject to the provisions
of section 14.]
[a] Inserted by the Aircraft (Amendment) Act, 1972 (12 of 1972) S.11(20-4-1972).
[b] Substituted for the words six months or with fine which may extend to one thousand
rupees by the Aircraft (Amendment) Act, 2007 (44 of 2007)
[c] Inserted by the Aircraft (Amendment) Act, 2007 (44 of 2007)

35

12. 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.
13. Power of Court to order forfeiture.- a[Where any person is convicted of an offence
punishable under subsection
(1) of section 10 or under any rule made under clause (i) of sub- section(2) of section 5] 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
b[ Government].
[a] Substituted for the original words by the Aircraft (Amendment) Act, (44 of 1960), S.5(2611-1960).
[b] Substituted for words "His Majesty" By A.L.O. 1959.
14. 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:
a[Provided that the Central Government may, in the public interest, by order in writing dispense
with the condition of previous publication in any case.]
[a] Inserted by the Aircraft (Amendment) Act, 1985 (69 of 1985) S.2(w.r.e.f.16-10-1985).
a[14A. 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 b[ for a
total period of thirty days which may be comprised in one session or in two or more susccessive
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 or anything previously done under that rule.]

36

[a] Inserted by the Indian Aircraft (Amendment)Act, 1960 (44 of 1960), S.6(26-11-1960).
[b] Substituted for the words "for a period of thirty days which may be comprised in one session
or in two successive sessions and if, before the expiry of the session in which it is so laid or the
session immediately following" by the Aircraft (Amendment) Act(1 of 1983), S.3(26-3-1983).
15. Use of patented invention on aircraft not registered in India.- The provisions of section
42 of the Indian Patents and Designs Act, 1911, shall apply to the use of an invention on any
aircraft not registered in a[India] in like manner as they apply to the use of an invention in a
foreign vessel.
[a] Substituted for "the provinces" by the Aircraft (Amendment)Act, 1948(24 of 1948), S.3(124-1948).
16. Power to apply customs procedure.-[Repealed by the Customs Act, 1962(52 of 1962),
S.160(1) and Sch. (1-2-1963).]
17. 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.
18. Saving for acts done in good faith under the Act.- No suit, prosecution or other legal
proceeding shall lie against any person for anything in good faith done or intended to be done
under this Act.
19. Saving of application of Act.- (1) Nothing in this Act or in any order or rule made
thereunder a[other than a rule made under section 8A or under section 8B] shall apply to or in
respect of any aircraft belonging to or exclusively employed in b[the naval, military or air forces
of the Union], or to any person in such forces employed in connection with such aircraft.
(2) Nothing in this Act or in any order or rule made thereunder shall apply to or in respect of any
lighthouse to which the Indian Lighthouse Act, 1927, applies or prejudice or affect any right or
power exercisable by any authority under that Act.

37

[a] Inserted by the Aircraft (Amendment) Act, 1972 (12 of 1972), S.12(20-4-1972).
[b] Substituted for the words 'His Majesty's naval, military or air forces' by A.L.O. 1950.
20. [Repeals.] Repealed by the Repealing Act, 1938 (I of 1938), S.2 and Schedule.

CHAPTER 5: THE AIRCRAFT RULES 1937

1. Short title and extent.
(1) These rules may be called the 2[Aircraft Rules], 1937.
(2) They extend to the whole of India and apply also (unless the contrary intention appears)

38

(a) to, and to persons on, aircraft registered in India wherever they may be, 2[except cases falling
under sub-rule (4)];
(b) to, and to persons on, all aircraft for the time being in or over India: Provided that in the case
of aircraft registered in a country other than India, the regulations of that country relating to
registration, license of personnel, airworthiness and log books shall apply in place of the
provisions contained in Parts IV, V, VI and IX of these Rules: Provided further that the foregoing
proviso shall not apply to aircraft registered in any country whose regulations are not based on
standards at least equal to the minimum standards established from time to time under the
Convention on International Civil Aviation opened for signature at Chicago on the 7th December,
1944 2[and the cases falling under sub-rule (3)]. 3[(3) These rules shall also apply to aircraft
registered in a contracting State and operated pursuant to an agreement for the lease, charter or
interchange of the aircraft or any similar arrangement by an operator who has his principal place
of business, or, if he has no such place of business, his permanent residence in India, provided
that an agreement has been reached between the government of the State of registry of the
Aircraft and the Government of India in regard to transfer of functions and duties pursuant to
Article 83 bis of the convention. The extent of application of these rules to such aircraft shall be
as per the agreement between the two Governments.
(4) These rules shall not apply to aircraft registered in India and operated pursuant to an
agreement for the lease, charter or interchange of aircraft or any similar arrangement by an
operator who has his principal place of business or if he has no such place of business, his
permanent residence in a contracting State, provided that an agreement has been reached
between the Government of India and the Government of that contracting State in regard to
transfer of functions and duties pursuant to Article 83 bis of the Convention. The extent of nonapplication of these rules to such aircraft shall be as per the agreement between the two
Governments.]
2. Nationality of aircraft.An aircraft shall be deemed to possess the nationality of the State on
the register of which it is entered.
1[3A. Delegation of Powers.

39

(1) Any power or duty conferred or imposed by these rules on the Central Government may be
exercised or discharged by the Central Government or by any person authorised by it in that
behalf.
(2) Any power or duty conferred or imposed by these rules on the Director-General may be
exercised or discharged by the Director-General or by any other person authorised by the Central
Government in that behalf.
(3) The exercise or discharge of any power or duty conferred or imposed by rule 19 or part V or
part VI of these rules on the Central Government by an authority outside India specified by the
Central Government in that behalf, shall have effect in India as though the powers have been
exercised or the duty discharged by a person authorised in this behalf under sub-rule (1) of this
rule.]
4. Use and operation of aircraft.No person shall use or operate or assist in using or operating
an aircraft save in accordance with these rules.
5. Registration and nationality and registration marks.1[Subject to the provisions of rule 33, no
person shall fly], or assist in flying, any aircraft unless
(a) it has been registered, and
(b) it bears its nationality and registration marks and the name and residence of the owner affixed
or painted thereon in accordance with rules 37 or, in the case of aircraft registered elsewhere than
in India, in accordance with the regulations of the State in which it is registered: Provided that
the prohibition imposed by this rule shall not apply to aircraft flown in accordance with the
special permission in writing of the Central Government and subject to any conditions and
limitations which may be specified in such permission.
1[6. Licensing of personnel.Every aircraft shall carry and be operated by the personnel
prescribed in Part V and such personnel shall be licensed in the manner prescribed in that part
and in Schedule II: Provided that in the case of an aircraft not registered in India, such personnel
shall be licensed in accordance with the regulations in force in the State in which the aircraft is
registered: Provided further that a trainee pilot who is learning to fly may fly without a licence
any aircraft of an all-up-weight not exceeding 1,500 kgs. if
40

(a) the aircraft is fitted with dual controls,

(b) a flight instructor is carried on board,
(c) prior notice of the flight is given to the person in-charge of the aerodrome from which the
flight is made, and
(d) no other person is carried on board the aircraft: 2[Provided also that a trainee pilot may
exercise the privileges of a Student Pilots Licence specified in paragraph 5 of section B and C
and paragraph 4 of section D of Schedule II if he is granted a certificate to that effect by the
Flight Instructor after such a trainee qualifies the technical examination and also satisfies the
requirements of medical fitness provided for the issue of such licence. Such certificate shall be
valid for a period of two months or until the trainee obtains a Student Pilots Licence whichever
is earlier.] 3[Note.For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule
1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under subrule (4) of rule 1 shall be deemed as aircraft not registered in India.]
1[6A. Type of aircraft to be included in rating.No person shall fly as pilot of an aircraft which
is not included or entered in the aircraft rating of the licence, 2[except as provided in rule 6B and
6C.]
1[6B. Flights to qualify for extension of a licence.The holder of a pilots licence may fly
within the Indian territory as pilot of an aircraft of type which is not included in the aircraft
rating of his licence for the purpose of qualifying for the inclusion of such type: Provided that
when he is so flying no person shall be carried on board the aircraft unless he is
(a) a person required by the rule to be carried as member of the operating crew, or
(b) a person who is flying, with the consent of the operator of the aircraft, for the purpose of
being trained as a member of the operating crew, or
(c) a person whose presence may be required on board the aircraft for the purpose of imparting
or supervision of training or conducting a flight test, or
(d) a person who may be specially authorised by the Director-General: 2[Provided further that
such flights are carried out within the local flying area or designated flying area of a licenced
41

aerodrome or a Government aerodrome and prior notice of the flight is given to the person-incharage of the aerodrome from which the flight is made. However, there are no restrictions for
carrying out dual flying with Instructor on board even in areas away from the local flying area
within the Indian terriotry, for learning general as well as route flying (navigation)].]
1[6C. Flights for testing and other non-revenue specific special purposes.The Director-General
may authorise the holder of a licence to fly an aircraft not entered in the aircraft rating of the
licence, for the purpose of testing or for specific special purpose non-revenue, non-passengercarrying flight subject to the terms and conditions of such authorisation, and the authorisation
shall be limited in validity to the time needed to complete the testing or the specific flight:
Provided that the holder of the licence produces evidence to show that he meets the requirements
of competency as laid down by the Director-General for undertaking such flight: Provided
further what when the aircraft is test flown, non person, other than members of the operating
crew, shall be carried on board the aircraft unless he is specifically authorised by the DirectorGeneral: Provided also that the test flight is carried out within the specified area and in
accordance with the conditions stipulated by the Director-General in his behalf and prior notice
of the flight is given to the officer-in-charge of the aerodrome from which the flight is to be
made. Explanation.For the purpose of this rule, the expression specific special purpose nonrevenue, non-passenger-carrying flight includes flights authorised by the Central Government in
the event of national or international crisis, natural calamities, emergencies or otherwise
requiring such flights to carry material or goods for relief purposes]
1[7. Documents to be carried on aircraft.
(1) No person shall fly an aircraft unless valid documents, as required by the law of the country
in which the aircraft is registered, are carried on board and are kept in such form and manner as
laid down by that country.
(2) An aircraft registered in India shall carry on board valid documents as required by these rules:
Provided that where a licence or other document has been submitted to a competent authority
under these rules for renewal or other action, that fact shall be deemed a valid excuse for its not
being carried on board the aircraft.]
1[7A. Prohibition of carriage of persons without passport.
42

(1) No person-in-charge of any aircraft shall allow such aircraft to enter India from a place
outside India unless all persons on board the aircraft are in possession of valid passports as
required by rules for the time being in force made under the 2[Indian Passport Act, 1920
(XXXIV of 1920).]
(2) Where an aircraft is brought into India in contravention of sub-rule (1), any authority
empowered by the Central Government generally or specially in this behalf may direct the owner
or the person in-charge of the aircraft to take on board and remove from India, or otherwise
arrange for the immediate removal from India of the person or persons without valid passports,
and the owner, or as the case may be, the person in-charge, of the aircraft shall comply with such
directions.]
1[7B. Carriage of Cock-pit Check Lists in aircraft.Every aircraft registered in India shall carry
Cock-pit Check Lists and Emergency Check Lists specified by the Director-General for that
particular type of aircraft. Such lists shall be carried in the cock-pit of the aircraft readily
accessible to the pilot in flight.
8 82 [***]
1[8A. Security check of persons boarding aircraft at aerodrome.For the purpose of securing
the safety of aircraft operations, every person boarding an aircraft at an aerodrome and his handbaggage, if any, shall be liable to be searched at the aerodrome, by an officer authorised in this
behalf by the Central Government, before such person proceeds to the aircraft for embarkation.]
9. Radio-telegraph apparatus.
(1) No person shall operate radio transmitting apparatus in any aircraft registered in India unless
he holds a licence of the type required by the provisions of Part V in respect of aircraft required
by these rules to carry radio-telegraph or radio-telephone apparatus, as the case may be, and
issued in accordance with those provisions.
(2) Radio-transmitting apparatus carried in aircraft shall be operated under the conditions defined
by the International Telecommunication Convention (Madrid, 1932) and the general radiocommunication regulations annexed thereto as far as these apply and shall be operated only
during the hours in which such operation is permitted by the Central Government.
43

(3) Aircraft registered in India and required by these rules to carry radio-telegraph apparatus shall
be fitted with such apparatus in accordance with the provisions of Part VII.
(4) Nothing in this rule shall exempt any person from those provisions of the Indian Telegraph
Act, 1885, and the rules made thereunder which require that radio-telegraph apparatus shall be
licensed. 1[Note. For the purpose of this rule, foreign registered aircraft falling under sub-rule
(3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling
under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.]
10. Mails. No person shall carry mails or allow mails to be carried in any aircraft except with
the consent in writing of the Director-General of Posts and Telegraphs.
11. Aerodromes.
(1) No pilot or person in-charge of any aircraft carrying passengers for hire or reward shall use
any place for a series of landings and departures, and no pilot or person in-charge of any aircraft
employed on a scheduled air transport service shall use any place as a regular place of landing or
departure other than an aerodrome licensed or approved for the purpose in accordance with the
provisions of Part XI.
(2) No person being the proprietor of an aerodrome other than an aerodrome mentioned in subrule (1) shall permit the aerodrome to be used in contravention of that sub-rule.
(3) No person other than the occupant of an aircraft manoeuvring in accordance with these rules
may enter upon the landing area of an approved or licensed aerodrome without the consent of the
person in-charge of the aerodrome.
12 Prohibited areas.
1[13. Photographs at aerodromes or from aircraft in flight.No person shall take, or cause or
permit to be taken, at a Government aerodrome or from an aircraft in flight, any photograph
except in accordance with and subject to the terms and conditions of a permission in writing
granted by the Director-General, a Deputy Director-General, the Director of Regulations and
Information or a Controller of Aerodromes of the Civil Aviation Department: Provided that the
Director-General from time to time, may, by notification in the Official Gazette, direct that these
44

restrictions shall not apply to photography at any Government aerodrome, or within such limits
of any Government aerodrome as may be specified in the order*.
[***]
14. Aerial work and public transport reserved for certain aircraft. No aircraft registered in
accordance with Part IV in Category B shall be used as an aerial work aircraft or as a public
transport aircraft: Provided that the Central Government may, from time to time, permit and
impose restrictions on the performance of aerial work or public transport by aircraft other than
those registered in accordance with Part IV in Category A, and such restrictions shall be deemed
to have been effectively imposed if they have been notified in writing to the owner or operator of
such aircraft or by notification in the Official Gazette.
15. Conditions to be complied with by aircraft in flight.1[
(1) ] 2[No aircraft 3[other than the Microlight aircraft] shall be flown unless the following
conditions are complied with, namely]:
(i) the aircraft shall be certified as airworthy and shall be maintained in airworthy condition in
accordance with the provisions of Part VI or, in the case of an aircraft not registered in India, in
accordance with the regulations of the State in which the aircraft is registered;
(ii) all the terms or conditions on which the certificate of airworthiness was granted shall be duly
complied with;
(iii) the aircraft shall carry on board its certificate of airworthiness and any other certificates
prescribed by part VI, or by the regulations of the State in which the aircraft is registered, which
it is required to carry on board. The certificate of airworthiness shall be carried in the pocket of
the journey log book;
(iv) the aircraft shall be fitted with and shall have in working order such instruments and
equipment as are prescribed in Part VI for an aircraft of that class or description: 4[Provided that
any aircraft may be flown within the close vicinity of an aerodrome or the place of its departure,
without a valid certificate of airworthiness, for the purpose of test:] 5[Provided further that] the
Central Government may, by order in writing and subject to such conditions as may be contained
45

in the order, exempt any aircraft from the operation of this rule. 6[(2) No Microlight Aircraft
shall be flown unless the following conditions are complied with, namely:
(i) The Microlight Aircraft is registered in the Civil Aircraft Register and meets the minimum
design requirements which the Director-General may specify by general or special order;
(ii) The Microlight Aircraft possesses a valid Permit to Fly issued by the Director-General,
specifying the area of operation and the structural limitations relating to aerobatics, loading,
engine and airspeed of the microlight aircraft;
(iii) The Microlight Aircraft is fitted with such instruments and equipments and in such manner
as provided in rule 57 of these rules; and
(iv) The Microlight Aircraft with the requirements relating to maintenance standards and
certification in accordance with rule 60 of these rules.] 7[Note.For the purpose of this rule,
foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft
registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be
deemed as aircraft not registered in India.
1[16. Rules of the Air.Every person shall comply with 2[the Rules of the Air issued by the
Director General in accordance with Annexture 2 to the Convention] as may be applicable to that
person and every pilot and every person-in-charge of an aircraft shall take such steps as are
practicable to secure that when the aircraft is in flight or is being manoeuvred on the land or
water, the windows, wind-screens or side-screen of the aircraft through which the pilots obtain
the view forward or sideways are maintained in such a condition as not to obstruct his view.]
17. Production of licences, etc.Any licence (other than a licence issued under Part XIII),
certificate, 1[authorisation and approval], log book or document granted or required to be
maintained under these rules shall, on demand for the purpose of inspection, by any magistrate,
any police officer above the rank of constable, 2[any customs officer, any commissioned officer
of the Naval, Military or Air Force of the Union], any gazetted officer of the Civil Aviation
Department, or any other person authorised by the Central Government by special or general
order in writing in this behalf, be produced by the licensee or, in the case of an aircraft or of a
licensed aerodrome, by the owner, hirer or person-in-charge thereof: Provided that any such
46

licence, certificate 3[authorisation and approval,] log book or document relating to an aircraft or
its personnel which is not by these rules required to be carried in the aircraft shall be produced
within seven days of the making of the demand.
18. Prevention of flights in contravention of the rules.
(1) An authority authorised under section 8 of the Aircraft Act, 1934, to detain aircraft may do so
by the issue of a written direction to the pilot or other persons for the time being in-charge of the
aircraft to be detained, or by taking 1[or causing to be taken such other steps as may, in the
opinion of such authority, be necessary to make the detention effective, including the use of
force, denial of access by any person to the aircraft, removal of parts and components of the
aircraft, defuelling of the aircraft or otherwise interfering with the aircraft]. If an aircraft detained
by a person so authorized is housed or kept at a Government aerodrome, the housing or picketing
charges normally applicable shall be payable in respect of the whole period during which it is
detained. 2[(1A) Officers of the Central Government or a State Government or Corporation as
defined in sub-rule (1) of rule 3, employed at or in the neighbourhood of any airport, including
the officers of police, naval, army, air force or customs department and such other officers of the
Central Government or a State Government as may be specified by the Central Government by
general or special order issued in this behalf shall, on being required to do so by the authority
authorised under section 8 of the Aircraft Act, 1934 (22 of 1934) to detain an aircraft, assist such
authority in detaining the aircraft and taking such steps as may, in the opinion of that authority,
be necessary to make the detention effective.]
(2) Any person acting in contravention of any direction given under this rule shall, without
prejudice to any other penalty he may incur, be deemed to have acted in contravention of these
rules.
105 [ 19 Cancellation, suspension or endorsement of licences, certificates, 105 [ authorisation
and approval].
20. Certain rules not applicable to gliders and kites.1[Rule 7 shall not apply to gliders], and
rules 5, 6, 7, 12, 15, 17, 19 and the rules in Part III, with the exception of rules 26 in so far as it
relates to the dropping of articles from aircraft, shall not apply to kites.

47

21. Dangerous flying.No person shall fly any aircraft in such circumstances as, by reason of
low altitude or proximity to persons or dwellings or for other reason, to cause unnecessary
danger to any person or property.
116 [ 22 Assault and other acts of interference against a crew member. No person shall, on
board an aircraft,
1[***]
118 [ 24 Prohibition on consumption of intoxicating and psychoactive substances.
1[24B. Carriage of prisoners in aircraft.No prisoner shall be taken aboard or carried on an
aircraft except under and in accordance with a permit in writing issued by the Director-General,
2[the Deputy Director-General,] the Director of Regulations and Information or any other officer
of the Civil Aviation Department authorized by the Central Government in this behalf and
subject to such conditions, if any, as he may specify in the permit. Explanation.The term
prisoner means a person who is confined in any prison and includes a person who is arrested
under any law for the time being in force.]
1[24C. Carriage of animals, birds and reptiles in aircraft.No animal, bird or reptile shall be
taken aboard or carried on any aircraft to, from and within India, except under and in accordance
with a general or special permit in writing issued by the Director-General in this behalf, and
subject to such conditions, if any, as may be specified therein.]
25. Smoking in aircraft.1[
(1) The owner or the operator and the pilot-in-command of every aircraft registered in India,
shall exhibit or cause to be exhibited in prominent place(s) in the aircraft notice(s) stating where
and to what extent smoking is prohibited or permitted therein.]
(2) A notice permitting smoking in such aircraft may be exhibited therein only if smoking in the
aircraft is permitted by the certificate of airworthiness of the aircraft or by the direction of the
Central Government and only in accordance with the conditions relating to smoking contained in
such certificate or direction. 1[(3) No person shall smoke

48

(a) in any part of an aircraft or in its vicinity, in which a notice is displayed indicating that
smoking is prohibited.
(b) anywhere in an aircraft during take-off, landing or refuelling or during a period in which a
notice is temporarily displayed indicating that smoking is prohibited.]
124 [ 25A Fuelling of aircraft.
1[25B. Housing of aircraft.
(1) No aircraft containing dangerous petroleum in bulk in any of its tanks may be housed in a
hangar unless such hangar is constructed of uninflammable material and is effectively and safely
ventilated to the open air.
(2) Every such hangar shall be in charge of a competent person who shall be responsible for
taking all proper precautions against fire and shall prevent unauthorized persons from having
access to the building.]
1[26. Dropping of articles and descents by parachutes.
(1) No person shall drop or project or cause or permit to be dropped or projected from an aircraft
in motion anything except ballast in the form of fine sand or water: Provided that nothing in this
rule shall be construed as preventing
(a) in an emergency the dropping of liquid fuel;
(b) in an emergency, the dropping of cargo over areas where hazard to persons or property
outside the aircraft is not thereby created;
(c) the dropping of message bags, smoke producing or other apparatus or materials dropped for
the purpose of navigating an aircraft or communicating messages from an aircraft subject to the
observance of such precautions as to the nature of the articles dropped and the place of dropping
as will avoid risk of injuring persons or damaging property on the ground or water; 2[(d) the
dropping of separate sheets of paper containing printed matter or separate petals of flowers in
any place if

49

(i) the prior written permission of the District Magistrate or the Commissioner of Police is
obtained in each case;
(ii) the aircraft is suitable for dropping of these articles;
(iii) the minimum safe heights specified in these rules are observed; and
(iv) necessary precautions are taken to avoid injury or damage to persons property.]
(e) the dropping of ropes used for towing aircraft.
(2) No person shall, except in an emergency, descend by means of a parachute from an aircraft
and no person shall drop or cause or permit to be dropped from an aircraft in flight any article,
whether attached to a parachute or not, unless the descent is made or the article is dropped in
accordance with and subject to any conditions or limitations contained in general or special order
of the Central Government in writing in that behalf.]
27. Carriage of persons in unauthorised parts of aircraft.No person shall at any time be carried
on the wings or undercarriage of the aircraft, or on or in any other part thereof which is not
designed for the accommodation of the personnel or passengers, or on or in anything attached
externally to the aircraft: Provided that
(a) nothing in this rule shall prevent a person having temporary access
(i) to any part of the aircraft for the purpose of executing repairs to the aircraft or adjusting the
machinery, or equipment thereof or for the purpose of doing anything which may be necessary
for the safety of the aircraft or persons or goods carried therein; or
(ii) to any part of the aircraft in which goods or stores are being carried and to which proper
means of access is provided; and
(b) a person may be carried on or in any part of the aircraft, or anything attached thereto, with the
permission in writing of the Central Government and subject to any conditions which may be
specified in such permission.
1[28. Minimum age for sole control of aircraft.No person being under 16 years of age shall
have sole control of an aircraft in motion and no person shall cause or permit any other person to
50

have sole control of an aircraft in motion unless he knows or has reasonable cause to believe
such other person to have attained the age of 16 years.]
29. Acts likely to imperil the safety of aircraft.No person shall interfere with the pilot or with a
member of the operating crew of an aircraft, or tamper with the aircraft or its equipment or
conduct himself in a disorderly manner in an aircraft or commit any act likely to imperil the
safety of an aircraft or its passengers or crew.
1[29A. Prohibition of operating civil aircraft causing sonic boom.No person shall operate a
civil aircraft at a true flight mach number greater than one over the territory of India or over the
high seas in a manner which may cause or is likely to cause sonic boom over the territory of
India. Note.For the purpose of this rule, the territory of India shall include the territorial
waters of India.]
1[29C. Adoption of the Convention and Annexes.The Director-General may lay down
standards and procedures not inconsistent with the Aircraft Act, 1934 (22 of 1934) and the rules
made thereunder to carry out the Convention and any Annex thereto.]
136 [ 30 Certificate of Registration. 137 [
144 [ 31 Nature of application.
146 [32. Aircraft imported by air.When an application is made for the registration of an
aircraft before its import into India, for the purpose of the import of the aircraft by air, a
temporary certificate of registration may, subject to the conditions of sub-rule (3) of rule 30, be
granted by the Central Government to the owner of the aircraft complying with clauses
(a) and (b) of sub-rule (1) or rule 31. Such temporary certificate shall be valid only until the
landing of the aircraft at a customs aerodrome in India, when the certificate shall be delivered by
the pilot or other person in-charge to the local Aerodome Officer. Thereafter, on production by or
on behalf of the owner of the aircraft of the certificate mentioned in clause (c) of sub-rule (1) or
rule 31, the certificate or registration may be granted by the Central Government: ] Provided that,
if an aircraft in respect of which a temporary certificate of registration has been issued, is
imported otherwise than by air, such temporary certificate shall cease to be valid on the date of
import of the aircraft and the temporary certificate shall forthwith be delivered by the owner to
51

the Director-General, and thereafter the certificate of registration may be granted by the Central
Government..
147 [ 148 [33. Change in ownership.In the event of any change in the ownership of registered
aircraft, or if a registered aircraft ceases to be owned wholly either by a person or by a company
or corporation fulfilling the conditions set out in rule 30, then
(a) the registered owner of the aircraft shall forthwith notify to the Director-General such change
of ownership or, as the case may be, that the aircraft has ceased to be so owned;
(b) any person, company or corporation who becomes the owner of an aircraft registered in India
(hereinafter referred to as the New Owner) shall forthwith inform the Director-General in writing
of the fact of his ownership of the aircraft and may make an application for a certificate of
registration; such application shall be made in such form and shall contain such particulars as the
Director-General may direct. Until such application is made and the certificate of registration is
granted to the new owner, it shall not be lawful for any person to fly or assist in flying such
aircraft except in accordance with and subject to a permission in writing of the Director-General;
(c) the registration and the certificate thereof shall remain valid until such registration and
certificate have been cancelled by the Director-General; 149 [***]]]
[[***] ]
[ 35 Registration fees. [
152 [ 153 [36. Register of aircraft.A register of aircraft registered in India shall be maintained
by the Director-General and shall include the particulars as provided for in respect of certificate
of registration in rule 30. Such a register shall be open to inspection by members of the public at
such times and subject to such conditions as may be specified by the Director-General.]]
37. Nationality and Registration Marks, how to be affixed.The following provisions of this
rule shall have effect with respect to the marks to be borne by aircraft registered in India
(1) The nationality mark of the aircraft shall be the capital letters VT in Roman character and the
registration mark shall be a group of three capital letters in Roman character assigned by the

52

Director-General. The letters shall be without ornamentation and a hyphen shall be placed
between the nationality mark and the registration mark.
154 [(2) The nationality and registration marks
(a) shall be painted on the aircraft or shall be fixed thereto by any other means ensuring a similar
degree of permanency in the form and manner as specified by the Director-General, from time to
time;
(b) shall be inscribed together with full name and address of the registered owner of the aircraft
on the owners name plate in the form and manner specified by the Director-General from time
to time; and
(c) shall always be kept clean and visible.]
155 [37A. Use of State Marks.
(1) An aircraft shall not bear on any part of its exterior surface any advertisement or any sign or
lettering except those under these rules and as required or permitted by the Director-General.
(2) The name of an aircraft and the name and emblems of the owner of the aircraft may be
displayed on the aircraft if the location, size, shape and colour of the lettering and signs do not
interfere with easy recognition of, and are not capable of confusion with, the nationality and
registration marks of the aircraft.
(3) An aircraft other than a State aircraft shall not bear any mark or sign prescribed for use by a
State aircraft.
(4) National flags or colours may be displayed on the aircraft in such a manner that they are
distinct and are not likely to create confusion with the markings used by military aircraft.]
157 [ 38 Licensing Authority. 158 [
1[38A. Carriage of operating crew.Subject to the provisions of rules, 6, 6A and 6B, every
aircraft registered in India shall comply with such of the following requirements in respect of the
personnel which it carries and by which it is operated as are applicable to the aircraft and type of
operation concerned, namely:
53

(1) Pilot.(a) Private AircraftEvery private aircraft shall be flown by a person holding a valid
pilots licence issued in accordance with Schedule II: Provided that:
(i) a private aircraft shall not be flown by a person holding a Student Pilots Licence;
(ii) a private aircraft shall not be flown by a person holding a Private Pilots Licence for
remuneration or hire of any kind;
(iii) a private aircraft carrying passengers at night, shall not be flown by a person holding a
Private Pilots Licence, without having a valid Night Rating. 1[(b) Public Transport and Aerial
Work AircraftEvery public transport or aerial work aircraft (other than a microlight or a glider
or a balloon) shall be flown by a person holding an appropriate professional pilots licence, i.e. a
Commercial, Senior Commercial or Airline Transport Pilots Licence issued in accordance with
Schedule II: Provided that an aircraft other than a microlight, a glider or a balloon which is the
property of or is being used by a duly constituted flying/gliding/ballooning/aerosport club may
be flown by a person holding a Student Pilots or a Private Pilots Licence for the purpose of
receiving instructions or for qualifying, renewal of a licence or for issue of a higher category of
licence: Provided further that an aircraft other than a microlight or a glider or a balloon which is
the property of, or being used by, a duly constituted flying/gliding/ballooning/aerosport club
flown by a member and carrying a person otherwise than for the purpose of instructing such
person in flying, shall not for the purpose of this rule, be deemed to be flown for public transport,
if however, in respect of such carriage, payment is made, either directly on indirectly, to the pilot
of

the

aircraft

or

the

pilot

of

the

aircraft

is

paid

employee

of

the

flying/gliding/ballooning/aerosport club, the aircraft shall be deemed to be flown for public

transport.] 2[(2) Flight Instructor or Assistant Flight Instructor.
(a) Every aircraft which is being used for the purpose of giving dual instructions in piloting shall
carry a person holding an appropriate professional pilots licence, that is, a Commercial, Senior
Commercial or Airline Transport Pilots Licence or Pilots Licence (Microlight, Gliders and
Balloons) as the case may be, which has an appropriate Flight Instructors or Assistant Flight
Instructors rating in accordance with Schedule II, or an authorisation issued in writing by the
Director-General.

54

(b) No person other than a person having a Flight Instructors or Assistant Flight Instructors
rating shall impart instructions in piloting in aircraft, unless he has been specifically authorised
in writing by the Director-General to impart such instructions.] 3[(3) Flight Navigator.Every
public transport aircraft engaged on a flight without landing over a great circle distance of more
than six hundred NMs and not equipped with the navigational equipment capable of providing
instant and continuous ground position of the aircraft with adequate stand-by arrangements, shall
carry on board a Flight Navigator licenced in accordance with Schedule II, if the total distance
between any two consecutive radio navigational fixing aids located within thirty NMs of the
route of the proposed flight and capable of being used by the aircraft is more than six hundred
NMs: Provided that the Director-General may require a Flight Navigator to be carried on board
an aircraft on any flight.]
(4) Flight Engineer.Where a Flight Engineer is required to be carried on board an aircraft as
flight crew member under sub-rule (7), he shall be a person holding the appropriate licence in
accordance with Schedule II. 4[***]
(6) Flight Radio Telephone Operator.An aircraft which is equipped or required to be equipped
with radio apparatus in accordance with rule 63 and which communicates by radio telephony,
shall carry a person 5[holding a Flight Radio Telephone Operators Licence or Flight Radio
Telephone Operators Licence (Restricted), as the case may be,] issued in accordance with
Schedule II, to operate radio apparatus on such aircraft.
(7) Minimum crew for any flight.The number and description of the flight crew members
operating any flight of an aircraft registered in India shall be:
(a) if a certificate of airworthiness in respect of the aircraft is in force at least the number and
description of persons specified as the minimum operating crew for that aircraft in the certificate
of airworthiness;
(b) if no certificate of airworthiness in respect of the aircraft is in force, but a certificate of
airworthiness in respect of that aircraft has previously been in force, at least the number and
description of persons specified as the minimum operating crew in the certificate of
airworthiness last in force of that aircraft;

55

(c) if no certificate of airworthiness in respect of the aircraft is or has been in force and the
aircraft is a series aircraft conforming with a prototype or prototype (modified) aircraft in respect
of which a certificate of airworthiness has been issued, at least the number and description of
persons specified as the minimum operating crew in that certificate of airworthiness;
(d) in all other cases, at least such number and description of persons sufficient to ensure the
safety of the aircraft as may be approved by the Director-General. 170 [NoteFor the purpose of
this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft
registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be
deemed as aircraft not registered in India].
171 [38B. Carriage of Cabin Crew.
(1) No aircraft registered in India shall be operated for public transport of passengers unless the
following minimum number of cabin crew are on board the aircraft for the purpose of
performing such duties as may be assigned in the interest of the safety of passengers, by the
operator or the Pilot-in-command of the aircraft, namely:
(a) For an aeroplane having a seating One cabin crew. capacity of not less than 10 and not more
than 50 passengers.
(b) For a helicopter having a seating One cabin crew. capacity of not less than 20 and not more
than 50 passengers.
(c) For an aeroplane or a helicopter Two cabin crew plus one having a seating capacity of more.
cabin crew for each unit than 50 passengers. (or part of a unit) of 50 passengers seats above a
seating capacity of 99 passengers.
(2) The cabin crew shall be located
(i) during take-off and landing, as near as possible to the floor level exits, and
(ii) at any other time, at some suitable place in the aircraft, so as to provide the most effective
exit of passengers in the event of emergency evacuation.
(3) An operator shall ensure that each cabin crew member
56

(a) is not less than 18 years of age;

(b) has passed 10+2 examination from a recognised Board or University;
(c) has passed an initial medical examination or assessment and has been found medically fit to
discharge the duties specified in the Operations Manual;
(d) remains medically fit to discharge the duties specified in the Operations manual; and
(e) is competent to perform the duties as cabin crew as specified in the Operations Manual.
(4) Whenever two or more cabin crew members are assigned to a flight, the operator shall
nominate an experienced cabin crew member as a senior cabin crew member who shall be
responsible to the Pilot-in-Command for the conduct and co-ordination of cabin safety and
emergency procedures specified in the Operations Manual: Provided that the senior cabin crew
member has a minimum of one years experience as cabin crew and has successfully undergone
relevant training as required under sub-rule (5).
(5) Each cabin crew shall successfully undergo the following training programme duly approved
by the Director General, namely:
(a) Initial training before undertaking type training;
(b) Type training before being assigned to operate as cabin crew member on a particular type of
aircraft, or assigned to operate another aircraft type;
(c) Differences training before operating on a variant of an aircraft type currently operated, or
with different equipment, equipment location, or safety procedures on currently operated aircraft
type or variants;
(d) Familiarisation flights to be undertaken by the cabin crew after undergoing type training prior
to operating a cabin crew member;
(e) Recurrent training covering the actions assigned to each crew member in evacuation and
appropriate normal and emergency procedures and drills relevant to the type(s) and/or variant(s)
of aircraft every 12 calendar months; and

57

(f) Refresher training for cabin crew member who have been absent from flying duties for more
than 6 months.
(6) The operator shall cause checks of proficiency in carrying out safety and emergency duties by
each cabin crew after completion of training under sub-rule (5) and the checks shall be
conducted by the Instructors approved, and having qualifications specified, by the Director
General.
(7) No cabin crew shall perform duties on more than three types of aircraft. Explanation.For
the purposes of this sub-rule, types of aircrafts shall be considered to be different types if they
are not similar in all the following aspects, namely:
(a) emergency exit operation;
(b) location and type of safety equipment; and
(c) emergency procedures.
(8) The Director General may, if he is of the opinion that it is expedient so to do, by order and for
reasons to be recorded in writing, waive fully or partially, the requirement of sub-rule (1).]
[***]
173 [ 39A Disqualification from holding or obtaining a licence.
1[39B. Medical standards.
(1) No licence or rating referred to in rule 38, required for any of the personnel of the aircraft,
shall be issued or renewed unless the applicant undergoes a medical examination with an
approved medical authority and satisfies the medical standards as notified by the DirectorGeneral: Provided that if in the opinion of the approved medical authority the condition of the
applicant is not such as to introduce any hazard either of sudden incapacity or of inability to
perform his duties safely during the period of validity of his licence or rating and failure to attain
the requirement is capable of being compensated and the Director-General has satisfactory
evidence that the applicant has already acquired and demonstrated his ability, skill and
experience which compensate for his deficiency, the licence or rating may be renewed or
58

endorsed with any special limitation when the safe performance of flight duties is dependant on
compliance with such limitations: Provided further that, in the case of a member of the operating
crew of an aircraft engaged in public transport or aerial work who is on duty in the territory of a
foreign country where medical centres recognized by the Director-General do not exist, the
Director-General may renew the licence or rating for two consecutive periods of three months
each without the candidate having successfully undergone the prescribed medical examination if
such candidate produces a medical certificate from a registered practitioner in modern medicine
declaring his fitness in accordance with the prescribed medical standards. 2[Explanation.For
the purposes of this sub-rule approved medical authority means a medical authority approved
by the Director-General.]
(2) The Director-General may require a member of any flight crew to undergo a medical
examination by any Medical Authority at any time, if, in his opinion, such examination is
necessary in the interest of safety of operations.]
40. Signature of licence holder.On the issue of a licence to an applicant he shall forthwith sign
his name on the licence as the holder thereof with his ordinary signature.
181 [ 41 Proof of competency. Applicants for licences and ratings shall produce proof of
having acquired the flying experience and having passed satisfactorily the test and examinations
specified in Schedule II in respect of the licence or rating concerned: 182 [Provided that a person
who is a qualified pilot from Indian Air Force, Indian Navy or Air Operational Wing of the
Indian Army and who produces satisfactory evidence to show that he possesses the necessary
flying experience, competency and standards of physical fitness as required under these rules,
may be exempted by the Director-General, by general or special order in writing, and subject to
such conditions, if any, as may be specified in such order, from all or any of the flying tests and
from medical or other technical examinations required for the issue of the licences under these
rules:] Provided further that a person to whom a licence of a particular class has been issued by
the competent authority in a Contracting State may be exempted by the Director-General from all
or any of the flying tests or technical examinations required for issue of licence if his flying
experience and competency are not less than the flying experience and competency laid down in
Schedule II in respect of the corresponding licence under these rules. If he is the holder of a
current licence, he may be further exempted from medical examination of the period for which
59

his licence is current: Provided further that in the case of a licence issued under any of the
preceding provisions, only such type or types of aircraft shall be entered in the aircraft rating of
the licence as in the opinion of the Director-General the applicant has sufficient and satisfactory
experience and commpetency to fly: Provided further that the Director-General may, on
examination of the syllabi, determine the relative equivalence of technical examinations for
granting exemptions to applicants from passing the examinations required under Schedule II:
Provided further that the Director-General may require any candidate, training establishment or
operator to produce for examination all relevant training records including the syllabi,
certificates, mark-sheets, flight-test reports, assessments, etc., in respect of the candidate who has
undergone a course of training, examination or flight-test, etc., with training establishment or
operator.
184 [ 41 Proof of competency. Applicants for licences and ratings shall produce proof of
having acquired the flying experience and having passed satisfactorily the test and examinations
specified in Schedule II in respect of the licence or rating concerned: 185 [Provided that a person
who is a qualified pilot from Indian Air Force, Indian Navy or Air Operational Wing of the
Indian Army and who produces satisfactory evidence to show that he possesses the necessary
flying experience, competency and standards of physical fitness as required under these rules,
may be exempted by the Director-General, by general or special order in writing, and subject to
such conditions, if any, as may be specified in such order, from all or any of the flying tests and
from medical or other technical examinations required for the issue of the licences under these
rules:] Provided further that a person to whom a licence of a particular class has been issued by
the competent authority in a Contracting State may be exempted by the Director-General from all
or any of the flying tests or technical examinations required for issue of licence if his flying
experience and competency are not less than the flying experience and competency laid down in
Schedule II in respect of the corresponding licence under these rules. If he is the holder of a
current licence, he may be further exempted from medical examination of the period for which
his licence is current: Provided further that in the case of a licence issued under any of the
preceding provisions, only such type or types of aircraft shall be entered in the aircraft rating of
the licence as in the opinion of the Director-General the applicant has sufficient and satisfactory
experience and commpetency to fly: Provided further that the Director-General may, on
examination of the syllabi, determine the relative equivalence of technical examinations for
60

granting exemptions to applicants from passing the examinations required under Schedule II:
Provided further that the Director-General may require any candidate, training establishment or
operator to produce for examination all relevant training records including the syllabi,
certificates, mark-sheets, flight-test reports, assessments, etc., in respect of the candidate who has
undergone a course of training, examination or flight-test, etc., with training establishment or
operator.
1[41A. Checks, Tests and Examinations.
(1) The Director-General may conduct examination specified in Schedule II, may fix
examination centres within India, appoint invigilators and lay down the procedure for conducting
the examinations.
(2) The Director-General may appoint Examiners for carrying out flying tests and technical
examinations required under Schedule II and may also appoint a Board to conduct oral
examinations when necessary.
(3) The Director-General may determine the manner in which the proficiency checks shall be
carried out and may approve check pilots and examiners for this purpose. He may require their
reports to be submitted to him in respect of any flying test on any aircraft for which an aircraft
rating is desired on a licence or which is entered in the aircraft rating of the licence and the
renewal of which is desired or for checking proficiency at any time in respect of any aircraft
included in the aircraft rating of the licence.
(4) The Director-General may debar permanently or temporarily a candidate from any flying test
or examination if, in his opinion, the applicant has adopted unfair means during the test or
examination.
(5) The Director-General may declare any flying test or examination conducted by a Check Pilot
or any Examiner or a Board null and void, if in the opinion of the Director-General, the test or
the examination has not been carried out to his satisfaction, and require the test or examination to
be carried out again by another Check Pilot or Examiner or a Board. The Director-General may
also take such action against the Check Pilot or Examiner as he may deem fit under rule 19.

61

(6) If a licence holder or a candidate for a licence or rating has failed in any flying test
subsequent to any flying test successfully undergone by him for issue or renewal of the licence or
rating, the previous test as far as it is affected by subsequent flying test in which he has failed,
will be considered invalid from the date of the subsequent test and the privileges accruing as a
result of such earlier test shall be deemed to have been withdrawn.
(7) Detailed syllabi for the technical examinations for the issue of flight crew licences and
ratings shall be laid down by the Director-General.]
1[42. Licences and their renewal.2[
(1) The licences and ratings mentioned in Rule 38 may be issued or renewed for any period not
exceeding the period specified in rule 39C and Schedule II in respect of each licence or rating:
Provided that if, on the date of application for renewal, the licence or rating has expired for the
periods specified below, the applicant may be required to qualify in the examinations and skill
tests specified against them and such other examinations and tests as the Director-General may
consider necessary to assess the applicants competency to hold that licence or rating
(a) For a period exceeding 2 years Text of skill and Air Regulations. but not exceeding 3 years
(b) For a period exceeding 3 years. All examinations and tests required for the issue of the
licence or rating: Provided further that the Director-General may, before the renewal of a licence
or a rating, require an applicant to satisfy all or any of the requirements for the issue of licence or
rating of the same class, if, in the opinion of the Director-General, the competency of the
applicant is below the standard required for the licence or rating: Provided further that in the case
of a pilot or a flight engineer, the Director-General may, when renewing a licence or a rating,
delete any type of aircraft entered in the aircraft rating if he is satisfied that the holder of the
licence does not have reasonable flying experience or does not possess the required standard of
competency on that type of aircraft.]
(2) The holder of a licence shall not exercise the privileges of his licence without being declared
fit after a fresh medical examination in the event of his having,
(a) a sickness or injury involving incapacity for a period of fifteen days or more for the work for
which he is licensed; or
62

(b) an injury sustained in any accident occurring during the exercise of the privileges of his
licence or otherwise and which is likely to cause incapacity or impair his efficiency in the
discharge of his duties. The licence holder or his employer shall immediately notify all the
relevant details of the sickness or injury to the Director-General.
(3) The licence of a person disqualified under sub-rule (2) shall be deemed to be invalid until the
holder passes a fresh medical examination.
(4) The holder of a licence shall not exercise the privileges of his licence during any period when
he is aware that his physical condition has deteriorated below the standard required for that
category of licence.]
1[42A. Pilot not to fly for more than 125 hours during any period of 30 consecutive days.2[No
pilot of a flying machine, shall, in his capacity as such pilot, fly for more than 125 hours during
any period of 30 consecutive days: Provided that without prejudice to the provisions of rule 160,
the Director-General may, subject to such conditions and limitations as he may specify, by order
in writing, exempt any such pilot from the provisions of this rule. Explanation.For the
purposes of this rule, the flying time of a pilot either as solo pilot-in-command of an aircraft will
be counted fully and the flying time of a pilot engaged as co-pilot or supernumerary pilot will be
counted at 80 per cent. of the flying time.]
[***]
44. Aircraft not registered in India.An aircraft not registered in India shall carry the personnel
prescribed by the laws of the State in which it is registered and such personnel shall be licensed
in accordance with the laws of that State. 1[Note.For the purpose of this rule, foreign
registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in
India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft
not registered in India.]
45. Validation of foreign licences.1[When a licence has been granted by the duly competent
authority in any foreign State] and is for the time being in force, the Central Government may,
subject to such conditions and limitations and for such periods as it shall think fit confer on such

63

licence the same validity for the purpose of flying aircraft registered in India as if it had been
granted under these rules and a licence so validated shall be subject to the provisions of rule 19.
[***]
1[47. Minimum age for holding a licence.The minimum age of a person who is otherwise
qualified and to whom a licence may be granted shall be as laid down in Schedule II.]
1[47A. Minimum educational qualification for holding a licence.No person shall be granted a
licence unless he possesses the educational qualification as laid down in Schedule II: Provided
that candidates already enrolled for flying training on or before the 6th January, 1992 with any
flying club or institute or with the Indira Gandhi Rashtriya Uran Akademi shall be exempted
from application of this rule.]
[ 48 Fees and other charges. [
1[49. Type Certificate for an aircraft, aircraft component and items of equipment, designed or
manufactured in India and issue of Type Certificate.
(1) The Director-General may direct by general or special order that there shall be Type
Certificate in respect of any aircraft, aircraft component or item of equipment designed,
manufactured, sold or distributed in India, as a prerequisite to the issue, renewal or continued
validity of a certificate of airworthiness, in respect of an aircraft in which an aircraft component
or item of equipment of that type has been fitted or installed: 2[Provided that nothing contained
in this sub-rule shall apply in case of Microlight Aircraft.]
(2) A person may apply to the Director-General for issue of a Type Certificate in respect of any
aircraft, aircraft component or item of equipment.
(3) The Director-General may issue a Type Certificate when
(a) an applicant furnishes such documents or other evidence relating to the suitability of the
aircraft, aircraft component or item of equipment for aviation purposes, as may be specified,
inclusive of a flight test, if necessary, as the Director-General may require. The applicant shall
provide all necessary facilities for such inspection and tests as may be stipulated; and

64

(b) the Director-General is satisfied as to its suitability for aviation purposes.

1[49A. Issue of Type Certificate to an aircraft, aircraft component and items of equipment
imported in India.
(1) The Director-General may direct by general or special order that there shall be a type
certificate in respect of any aircraft, aircraft component or item of equipment imported in India.
(2) The Director-General may issue a Type Certificate in respect of any aircraft, aircraft
component or item of equipment imported in India.]
1[50. Certificate of airworthiness.
(1) The owner or operator of an aircraft may apply to the Director-General for the issue or
renewal of a certificate of airworthiness in respect of the aircraft or for the validation of a
certificate of airworthiness issued elsewhere in respect of the aircraft.
(2) The Director-General may issue or renew a certificate of airworthiness in respect of an
aircraft when
(a) the applicant furnishes such documents or other evidence relating to the airworthiness of the
aircraft as may be specified and as the Director-General may require by special or general order;
and
(b) the Director-General is satisfied that it is airworthy.
(3) The Director-General may validate a certificate of airworthiness in respect of any aircraft that
may be imported: Provided that
(a) the airworthiness authority of the country in which the aircraft is manufactured, has issued a
certificate of airworthiness or such equivalent document;
(b) the airworthiness requirements as may be laid down by the Director-General are complied
with; and
(c) the applicant furnishes necessary documents and technical data relating to the aircraft as may
be specified and as the Director-General may require.
65

(4) The Director-General may issue, renew or render valid a certificate of airworthiness in one or
more of the categories of aircraft as may be specified. The operations of the aircraft shall be
restricted in those categories authorised in the certificate of airworthiness.
(5) Subject to these rules, a certificate of airworthiness shall remain in force for such period as
may be specified in the certificate and may from time to time be renewed by the DirectorGeneral. In addition, the Director-General may require the aircraft to be inspected by a person
authorised in this behalf by the Director-General or tested in flight, or to be so inspected and so
tested and the owner or operator of the aircraft shall give all necessary facilities for such
inspection and tests.]
1[50A. Conditions necessary for the certificate of airworthiness and inspection, overhaul of
aircraft.
(1) The Director-General may specify conditions and standards in respect of certificate of
airworthiness of a particular type or class of aircraft to ensure safety of the aircraft and of
persons on board the aircraft, having regard to the limitations of the aircraft.
(2) If, at any time, the Director-General considers that any modification, repair, replacement,
inspection or overhaul of any aircraft or type of aircraft or of any aircraft component or item of
equipment of that aircraft or type of aircraft is necessary in the interest of safety, he may require
the modification, repair, replacement inspection or overhaul to be carried out as a condition of
the certificate of airworthiness remaining in force.]
1[51. Flight Manual.Where a flight manual is required to be kept in relation to an aircraft in
accordance with provisions of these rules, the Director-General shall endorse the certificate of
airworthiness of the aircraft accordingly.]
1[52. Modification and repair.
(1) A person shall not carry out any modification or repair affecting safety of any aircraft in
respect of which there is a valid certificate of airworthiness unless he has been required to do so
in pursuence of these rules or unless he has obtained the prior approval of the Director-General.

66

(2) (a) Modifications issued by the manufacturer of an aircraft, aircraft component or item of
equipment of that aircraft which have been issued a Type Certificate by the Director-General or
elsewhere may be deemed as approved modifications, unless otherwise specified by the DirectorGeneral.
(b) Repair schemes issued by the manufacturer of an aircraft, aircraft component or item of
equipment of that aircraft issued with a Type Certificate by the Director-General or elsewhere
and other repairs carried out in accordance with standard aeronautical engineering practice may
be deemed as approved unless otherwise specified by the Director-General.
(3) The Director-General may give approval for repair or modification other than those referred
to in sub-rule (2), of an aircraft, aircraft component, or item of equipment of that aircraft, where
the owner or operator furnishes such evidence relating to the intended modification or repair and
its effect on the airworthiness of aircraft as specified by the Director-General.
(4) Modifications which have been approved by the Director-General for one aircraft, aircraft
component, item of equipment may be incorporated in others of the type provided it is within the
terms of approval.
(5) (a) While an aircraft has been modified or repaired after a major damage or major defect, the
aircraft shall not be flown until an appropriately licensed engineer or an authorised person has
certified in the manner specified by the Director-General that the aircraft is in a fit condition to
be flown for purpose of experiment or test, as the case may be.
(b) While an aircraft component or item of equipment has to be modified or repaired, it shall not
be released until it is certified by an appropriately licensed engineer or an authorised person as
may be specified by the Director-General.
(6) The form and manner of distribution of the certificate and its copies referred to in the above
sub-rules and preservation thereof shall be as may be specified by the Director-General.
(7) A certificate in pursuance of the preceding sub-rules shall not be issued unless the materials,
parts, method comply with such designs, drawings, specifications or instructions as may be
issued by the manufacturers or as may be specified or approved by the Director-General. The

67

method and the workmanship shall be in accordance with standard aeronautical practice or as
may be approved by the Director-General.]
1[53. Use of materials, processes, parts and periodical overhaul of aircraft.
(1) Every aircraft required under these rules to be provided with a certificate of airworthiness and
aircraft components and items of equipment on such aircraft shall periodically be inspected,
overhauled and certified on completion of the prescribed flight time or calendar time or on the
basis of any other stipulated condition in accordance with the approved maintenance schedules
or approved maintenance system. Such inspection and certification shall be effected by
appropriately licensed engineers or authorised persons as may be specified by the DirectorGeneral.
(2) A certificate to be issued in pursuance of sub-rule (1) shall not be issued unless the materials,
processes, parts, method comply with such designs, drawings, specifications or instructions as
may be issued by the manufacturers or as may be specified or approved by the Director-General.
The method and workmanship shall be in accordance with standard aeronautical practice or as
may be approved by the Director-General.
(3) Notwithstanding the foregoing provisions, the Director-General may grant exemption by
general or special order in writing to any person or class of persons from the operation of the
foregoing sub-rules either wholly or partly, subject to such conditions, if any, as may be specified
in such order.]
1[53A. Manufacture, storage and distribution of aircraft.The manufacture, storage and
distribution of aircraft, aircraft components and items of equipment or any other material used or
intended to be used in an aircraft, whether or not a certificate of airworthiness has been or is
required to be issued, renewed or renderned valid for such aircraft, under these rules, shall be
undertaken and certified only by approved organisations by licensed engineers or by authorised
persons in this behalf. The form and manner and the distribution of the certificate and its copies
and preservation thereof shall be as may be specified by the Director-General.]
1[54. Persons authorised to certify.The certification required under Parts VI, XIIB, and XIIIA
of these rules shall be signed by appropriately licensed engineers or authorised persons qualified
68

under the terms and conditions of the licence, authorisation or approval, as the case may be, to
carry out or inspect the manufacture, process, modification, repair, replacement, overhaul or
maintenance, to which the certificate relates or by an approved person or persons authorised by
organizations approved by the Director-General in this behalf, or when these have been carried
out at a suitably equipped Indian Air Force Establishment, by its Officer-In-Charge: Provided
that in one or more class of aircraft, such of the work, if performed in accordance with approved
procedure, practices and methods as may be specified by the Director-General, need not be
supervised or certified by the approved organisation, licensed engineers or authorised persons in
this behalf.]
1[55. Suspension or cancellation of Certificate of Airworthiness and its continued validity.
(1) The certificate of airworthiness of an aircraft shall be deemed to be suspended when an
aircraft
(a) ceases or fails to conform with the requirement of these rules, in respect of operation,
maintenance, modification, repair, replacement, overhaul, process or inspection, applicable to
that aircraft; or
(b) is modified or repaired otherwise than in accordance with the provisions of these rules; or
(c) suffers major damage; or
(d) develops a major defect which would affect the safety of the aircraft or its occupants in
subsequent flights.
(2) If, at any time, the Director-General is satisfied that reasonable doubt exists as to the safety of
an aircraft or as to the safety of the type to which that aircraft belongs, he may
(a) suspend or cancel the certificate of airworthiness in respect of the aircraft; or
(b) require the aircraft or an aircraft component or an item of equipment of that aircraft to
undergo such modification, repair, replacement, overhaul, inspection including flight tests and
examination under the supervision of an approved person as the Director-General may specify, as
a condition of the certificate of airworthiness remaining in force.

69

(3) Subject to sub-rule (4) an aircraft shall not be flown during any period for which its
certificate of airworthiness is suspended or deemed to be suspended.
(4) Where the certificate of airworthiness of an aircraft is suspended or deemed to be suspended,
the Director-General may, upon an application made by the owner or operator of the aircraft and
subject to such requirements as may be specified by him, having regard to the safety of the
aircraft and persons thereon,
(a) permit the aircraft to ferry-fly to a place without passengers on board, where the maintenance
required to remove the suspension of the certificate of airworthiness can be performed in
accordance with the rules;
(b) authorise flights for the purpose of experiment or tests;
(c) authorise flights where the safety or succour of persons or aircraft is involved;
(d) authorise flights for special purposes.
(5) The Director-General may, by general or special order and subject to such conditions as may
be specified in that order, exempt any aircraft from the operation of any provision of this rule.]
1[56. Indian aircraft operating outside India.Where an aircraft registered in India is operating
in a country outside India, the aircraft, or any of its components or items of equipment shall not
be modified, repaired, replaced, inspected or overhauled except by or under the supervision, of,
and certified by
(a) in the case of Contracting State, a person who is approved for the purpose by the appropriate
authority of Contracting State in accordance with the minimum requirements adopted in
pursuance of the Convention and recognized by the Director-General as sufficient for the
purpose;
(b) in the case of country other than a Contracting State, a person who possesses qualifications
which are recognized by the Director-General as sufficient for the purpose.]
1[57. Instruments and equipment.

70

(1) Every aircraft shall be fitted and equipped with the instrument and equipment including radio
apparatus and special equipment as may be specified according to the use and circumstances
under which the flight is to be conducted.
(2) Such instruments and equipment shall be of an approved type and installed in an approved
manner and shall be maintained in a serviceable condition.]
1[58. Weight and balance.
(1) Every aircraft shall be weighed and appropriately marked and centre of gravity determined.
The weight schedule and the load sheet indicating the calculated centre of gravity position(s)
relating to the required configuration(s) shall be displayed or carried on board an aircraft subject
to such conditions as may be specified by the Director-General.
(2) (a) An aircraft shall not attempt to take off, fly or land at a weight in excess of the maximum
permissible weight as specified in the certificate of airworthiness or as authorised by the
Director-General.
(b) The load of an aircraft throughout a flight including take-off and landing shall be so
distributed that the centre of gravity position of the aircraft falls within the limitations specified
or approved by the Director-General: Provided that the Director-General may, by special order in
writing and subject to such conditions as may be specified in that order, exempt any aircraft from
the operation of this rule.]
1[59. Defects and defective parts.
(1) A major defect in or a major damage to an aircraft registered in India shall be reported in the
manner specified by the Director-General.
(2) When any part of an aircraft is revealed or suspected to be defective, the Director-General
may require it to be delivered to a person or organization authorised by him in this behalf for
examination.] 2[Note.For the purpose of this rule, foreign registered aircraft falling under subrule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft
falling under sub-rule (4) or rule 1 shall be deemed as aircraft not registered in India.]
1[59A. Defects in a foreign aircraft.
71

(1) When an aircraft registered outside India, whilst in Indian territory sustains major damage or
a major defect is found, the Director-General, on ascertaining that fact, may prohibit the aircraft
from flying.
(2) Where, in pursuance of sub-rule (1), the Director-General prohibits an aircraft from flying, he
shall furnish to the appropriate authority of the country of registration of the aircraft information
of the action which he has taken and a report of the damage suffered or defect found.
(3) The prohibition imposed in pursuance of sub-rule (1) shall not be removed until the
appropriate authority of the country of registration of the aircraft notifies to the Director-General

(a) that the damage or defect suffered or ascertained has been removed;
(b) that the damage suffered or defect found or ascertained is not of such a nature as to prevent
minimum requirements of safety adopted in pursuance of the Convention; or
(c) that in the circumstances of a particular case, the aircraft should be permitted to fly without
passengers to place at which it can be restored to an airworthy condition.
(4) In removing the prohibition imposed in pursuance of sub-rule (1), the Director-General may
impose such conditions on the operation of the aircraft as are notified to him by the appropriate
authority of the country of registration of the aircraft.] 2[Note.For the purpose of this rule,
foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft
registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be
deemed as aircraft not registered in India.]
1[60. Maintenance standards and certification.
(1) In this rule, maintenance refers to performance of all work necessary for the purpose of
ensuring that the aircraft is airworthy and safe including servicing of the aircraft and all
modifications, repairs, replacements overhauls, processes, treatment, tests, operations and
inspection of the aircraft, aircraft components and item of equipment required for that purpose.
(2) (a) The Director-General may, in respect of an aircraft, aircraft component and item of
equipment, specify standards and conditions for its maintenance.
72

(b) The Director-General while notifying the maintenance requirements and while approving a
maintenance system shall have regard to
(i) the maintenance facilities available;
(ii) intervals in flight time, calendar time or any other basis, which may elapse with safety
between inspections, tests, or overhauls;
(iii) the content, disposition and period of preservation of the records kept in respect of
maintenance;
(iv) type of operation in which the aircraft is engaged;
(v) any conditions like dust, salt-air climatic conditions or other factors and the routes flown or
basis used which may have an effect upon airworthiness; and
(vi) any other relevant considerations.
(3) Any aircraft engaged in public transport including aerial work and flying training shall not be
flown unless
(a) it has been maintained in accordance with such requirements as may be specified by the
Director-General or as stipulated in the approved maintenance schedules or system;
(b) maintenance of the aircraft has been carried out by or under the supervision of a person
licensed or approved or authorised for the purpose by the Director-General; and
(c) all maintenance carried out has been certified by appropriately licensed engineers, approved
or authorised persons within the period specified by means of such a certificate as may be
prescribed by the Director-General.
(4) The contents, form, period or validity disposition, preservation of the certificate shall be in
such form and manner as may be specified by the Director-General.
(5) No aircraft shall commence any flight if subsequent to the issue of a certificate in pursuance
of this rule, it has suffered any damage or revealed any defect, other than items covered in the
approved list of deficiencies, which would render the aircraft unsafe for flight and which would
73

not, in accordance with the ordinary aeronautical practice, be remedied by the pilot or crew:
Provided that the Director-General may, by general or special order and subject to such
conditions as may be specified in that order, exempt any aircraft from the operation of this rule.]
61A. Validation of licences of foreign Aircraft Maintenance Engineers.When a licence to an
Aircraft Maintenance Engineer has been granted by the duly competent authority in any
Contracting State and is for the time being in force, the Central Government may, subject to such
conditions and limitations and for such period as it thinks fit, confer on such licence the same
validity for the purpose of maintaining/certifying aircrafts registered in India as if it had been
granted under these rules and a licence so validated shall be subject to provisions of rule 19 and
sub-rule (14) of rule 61.
1[63. Aircraft for which radio apparatus is obligatory.
(1) All aircraft registered in India and required to be operated in accordance with VFR/IFR
condition shall be provided with communication equipment which is capable of conducting twoway communication at all times with those aeronautical stations and on those frenquencies as
prescribed by the appropriate authority. The communication equipment so provided shall be of a
type approved by the airworthiness authority of the country of manufacture of aircraft and
acceptable to the Director-General.
(2) An aircraft shall be provided with navigation equipment which will enable it to proceed:
(a) in accordance with the flight plan; and
(b) in accordance with the requirement of air traffic services, except when, if not so precluded by
the appropriate authority, navigation for flights under the visual flight rules is accomplished by
visual reference to land marks at least every 110 kms (60 Nautical Miles).] 2[Note.For the
purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be
deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of
rule 1 shall be deemed as aircraft not registered in India.]
64. Suspension of rules.The application of the rules in this Part may be suspended when owing
to the lack of radio-telegraph organisations available for air traffic in a particular region the
employment of radio-telegraph apparatus on board aircraft would serve no useful purpose.
74

1[65. Aeronautical beacon and aeronautical ground lights.

(1) No aeronautical beacon or aeronautical ground light shall be established or maintained within
India nor shall the character of the light exhibited there from be altered except with the approval
in writing of the Central Government and subject to such conditions as may be prescribed.
(2) No person shall wilfully or negligently endanger or interfere with any aeronautical beacon or
aeronautical ground light established or maintained by or with the approval of the Central
Government or any light exhibited therefrom.]
1[66. False lights.
(1) Whenever in India any light is exhibited
(a) in the vicinity of an aerodrome or an aeronautical beacon within a radius of 5 kilometres, so
as to be liable to be mistaken for an aeronautical ground light or an aeronautical beacon; or
(b) which by reason of its liability to be mistaken for an aeronautical ground light or an
aeronautical beacon is calculated to endanger the safety of an aircraft; or
(c) which being in the vicinity of an aerodrome is liable by reason of its glare to endanger the
safety of an aircraft arriving at or departing from the aerodrome; or
(d) which may prevent or cause confusion by reason of its intensity, configuration or colour in
the clear interpretation of visual aids for navigation denoting obstacles or restricted use areas; the
Central Government may serve a notice upon the owner or person in possession of the place
where the light is exhibited or upon the person having charge of the light, directing that owner or
person, within a reasonable time to be specified in the notice, to take effectual means for
extinguishing or for effectually screening the light and for preventing for the future the
exhibition of any similar light.
(2) The notice may be served either personally or by post, or by affixing the same in some
conspicuous place near to the light to which the notice relates.

75

(3) An owner or person on whom a notice under sub-rule (1) has been served shall, in the
absence of reasonable cause, the burden of proving which shall be upon him, comply with the
directions contained in the notice.
(4) If any owner or person on whom a notice under this rule is served, neglects for a period of
seven days to extinguish or effectually to screen the light mentioned in the notice, the Central
Government may enter upon the place where the light is and forthwith extinguish the same,
doing no unnecessary damage.]
[***] [***] [***]
232 [68. Notification of accidents.
(1) An accident in which an aircraft is involved shall be notified in accordance with the
provisions of sub-rules (3), (4) and (5) of this rule if between the time any person boards the
aircraft with the intention of flight until such time as all such persons have disembarked,
(a) any person suffers death or serious injury as a result of being in or upon the aircraft or by
direct contact with the aircraft or anything attached thereto, or
(b) the aircraft receives substantial damage.
(2) The term substantial damage used in sub-rule (1) shall include any damage which
necessitates the replacement or extensive repair of any major component.
(3) Where an accident occurs which has to be notified under sub-rule (1), the person-incommand of the aircraft or, if he be killed or incapacitated, the owner, the operator, the hirer or
other person on whose behalf he was in command of the aircraft, as the case may be, shall
(a) send notice thereof to the Director-General, and
(b) give information to the District Magistrate and the Officer-in-charge of the nearest Police
Station.
(4) The notice and information shall be sent as soon as possible and by the quickest means
available and in any case within 24 hours after the occurrence of the accident.

76

(5) The notice to the Director-General shall contain the following information, namely:
(i) the type, nationality and registration marks of aircraft;
(ii) the name of the owner, operator and hirer of the aircraft;
(iii) the name of the person-in-command of the aircraft;
(iv) the names and description of the crew of the aircraft;
(v) the nature and purpose of the flight;
(vi) the date and time of the accident;
(vii) the place where the accident occurred;
(viii) the last point of departure and the next point of intended landing of the aircraft;
(ix) the nature of the accident;
(x) the number and description of the persons killed and injured as a result of the accident; and
(xi) the extent of known damage to the aircraft.]
233 [69. Report on accidents.The person in command or the owner of the aircraft which has
been involved in an accident, whether or not it is required to be notified under rule 68
(1) , shall, if so required by the Director-General, submit to him a written report on such accident
in such form as he may prescribe.]
236 [71. Inspectors Investigation.
(1) The Director-General may order the investigation of any accident involving an aircraft
whether, such accident is required to be notified under rule 68 or not, and may, by general or
special order appoint any person (hereinafter referred to as an Inspector of Accidents) for the
purpose of carrying out such investigation.
(2) The investigation referred to in sub-rule (1) shall be held in private.

77

(3) The investigation shall be conducted in such a manner that if a charge is made or likely to be
made against any person and if it appears to the Inspector of Accidents to be practicable so to do,
that person shall be given notice that blame may be attributed to him; and thereupon he may be
given a reasonable opportunity of being present and making any statement or giving any
evidence and producing witnesses on his behalf and examining any witnesses from whose
evidence it appears that blame may be attributed to him.
(4) A public notice that such investigation is taking place may be given by the Director-General
in such manner as he thinks fit and every such public notice shall state that any person who may
desire to make representation concerning the circumstances or causes of the accident may do so
in writing within the time specified in the notice.
(5) The Inspector of Accidents shall make a report to the Director-General stating all relevant
facts with regard to the accident and his conclusions with regard to the causes of the accident and
adding any observations and recommendations which he may think fit to make with a view to
preservation of life and avoidance of similar accidents in future.
(6) The Director-General shall forward the report of the Inspector of Accidents to the Central
Government with such comments as the Director-General may think fit to make and the Central
Government may, at its discretion, make the whole or part of any such report of public in such
manner as it may consider fit.]
239 [73. Inspectors fee.When a person other than an officer of Government is appointed an
Inspector of Accidents he may be granted such fee and expenses as may be determined by the
Central Government. ]
241 [75. Formal Investigation.Where it appears to the Central Government that it is expedient
to hold a formal investigation of an accident, it may, whether or not an investigation or an
inquiry has been made under rule 71 or 74, by order direct a formal investigation to be held and
with respect to any such formal investigation the following provisions shall apply, namely,
(1) The Central Government shall appoint a competent person (hereinafter referred to as the
Court), to hold the investigation, and may appoint one or more persons possessing legal,

78

aeronautical, engineering, or other special knowledge to act as assessors. It may also direct that
the Court and the assessors shall receive such remuneration as it may determine.
242 [(2) The Court shall hold the investigation in open Court in such manner and under such
conditions as the Court may think fit for ascertaining the causes and circumstances of the
accident and for enabling it to make the report hereinafter mentioned: Provided that where the
Court is of opinion that holding the investigation is likely,
(a) to be prejudicial to the interests of any country; or
(b) to jeopardise the personal safety of a person who is willing to make any statement or give
evidence, the Court may, hold in camera the whole or part of the investigation.]
(3) (i) The Court shall have, for the purpose of the investigation, all the powers of a Civil Court
under the Code of Civil Procedure, 1908 and without prejudice to those powers the Court may,
(a) enter and inspect, or authorise any person to enter and inspect, any place or building, the
entry or inspection whereof appears to the Court requisite for the purposes of the investigation;
and
(b) enforce the attendance of witnesses and compel the production of documents and material
objects; and every person required by the Court to furnish any information shall be deemed to be
legally bound to do so within the meaning of section 176 of the Indian Penal Code.
(ii) The assessors shall have the same powers of entry and inspection as the Court.
(4) The investigation shall be conducted in such manner that, if a charge is made or likely to be
made against any person, that person shall have an opportunity of being present and of making
any statement or giving any evidence and producing witnesses on his behalf.
(5) Every person attending as a witness before the Court shall be allowed such expenses as the
Court may consider reasonable: Provided that, in the case of the owner or hirer of any aircraft
concerned in the accident and of any person in his employment or or any other person concerned
in the accident, any such expenses may be disallowed if the Court, in its discretion, so directs.

79

(6) The Court shall make a report to the Central Government stating its findings as to the causes
of the accident and the circumstances thereof and adding any observations and recommendations
which the Court thinks fit to make with a view to the preservation of life and avoidance of
similar accidents in future, including, a recommendation for the cancellation, suspension or
endorsement of any licence or certificate issued under these rules.
(7) The assessors (if any) shall either sign the report, with or without reservations, or state in
writing their dissent therefrom and their reasons for such dissent, and such reservations or dissent
and reasons (if any) shall be forwarded to the Central Government with the report. The Central
Government may cause any such report and reservation or dissent and reasons (if any) to be
made public, wholly or in part in such manner as it thinks fit.]
244 [76. Obstruction of proceedings.
(1) No person shall obstruct or impede the Court or a member of the Committee of Inquiry of an
Inspector of Accidents or an assessor or any person acting in the exercise of any powers or duties
under the rules in this Part.
(2) No person shall without reasonable excuse (the burden of proving which shall lie on him) fail
to comply with any summons or requisition of a Court or a Committee of Inquiry or an Inspector
of Accidents holding an investigation or an Inquiry under the rules in this Part.]
250 [77C. Investigation of an incident. 251 [
(1) The Director-General may order the investigation of any incident involving an aircraft or a
person associated with the maintenance and operation of aircraft, or both, and may, by general or
special order, appoint a competent and duly qualified person having experience in aviation
accident/incident investigation as Inquiry Officer for the purpose of carrying out such
investigation.]
(2) The investigation referred to in sub-rule (1) be held in private.
(3) The investigation shall be conducted in such a manner that if a charge is made or is likely to
be made against any person and if it appears to the Inquiry Officer to be practicable so to do that
person shall be given notice that blame may be attributed to him, and thereupon he may be given
80

a reasonable opportunity of being present and making any statement or giving any evidence and
producing witnesses on his behalf and examining any witneses from whose evidence it appears
that blame may be attributed to him.
(4) A public notice that such investigation is taking place may be given by the Director-General
in such manner as he thinks fit and every such public notice shall state that any person who may
desire to make a representation concerning the circumstance or causes of the incident may do so
in writing within the time specified in the notice.
(5) The Inquiry Officer shall make a report to the Director-General stating all relevant facts with
regard to the incident and his conclusions with regard to the causes of the incident and adding
any observations and recommendations which he may think fit to make with a view to avoidance
of similar incidents in future.
(6) The Director-General shall forward the report of the Inquiry Officer to the Central
Government with such comments as the Director-General may think fit to make and the Central
Government may, at its discretion, make the whole or part of any such report public in such a
manner as it may consider fit.]
255 [78. Licensing of Aerodromes.
(1) No aerodrome shall be used as a regular place of landing and departure by a Scheduled air
transport service or for a series of landings and departures by any aircraft carrying passengers or
cargo for hire or reward unless
(a) it has been licensed for the purpose, and save in accordance with the conditions prescribed in
such licence; or
(b) it has been approved by the Director-General, subject to such conditions as he may deem fit,
for the purpose of operation of flights in the event of national or international crisis, natural
calamities, emergencies or otherwise requiring such flights to carry material goods for relief
purposes, or for giving joyrides for hire or reward: Provided that any person already permitted
and operating scheduled air transport services to an aerodrome before the commencement of the
Aircraft (4th Amendment) Rules, 2004 may continue operation of such services till such person

81

obtains the licence from the Director-General by the date to be notified by the Central
Government.
(2) An aerodrome shall be licensed by the Central Government in one of the following
categories, namely:
(a) for public use;
(b) for private use, that is to say, for use by the licensee and by individuals specifically
authorized by the licensee.
(3) An aerodrome may be licensed for all types of aircraft or for certain specified types or classes
of aircraft and the licence may specify the conditions on which the aerodrome may be used.
(4) No person shall operate or cause to be operated any flight from a temporary aerodrome or an
aerodrome which has not been licensed or approved, as the case may be, under these rules unless
it meets the minimum safety requirements laid down by the Director-General.]
256 [79. Qualifications of licensee.A licence for an aerodrome shall not be granted to any
person other than
(a) a citizen of India; or
(b) a company or a body corporate: Provided that
(i) it is registered and having its principal place of business in India;
(ii) it meets the equity holding criteria specified by the Central Government from time to time; or
(c) the Central Government or a State Government or any company or any corporation owned or
controlled by either of the said Governments; or
(d) a society registered under the Societies Registration Act, 1860 (21 of 1860).]
257 [80. Procedure for grant of licence.
(1) An application for the grant of licence for an aerodrome shall be made to the DirectorGeneral alongwith the Aerodrome Manual.
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(2) The application under sub-rule (1) shall be in such form and contain such particulars as may
be specified by the Director-General.
(3) The Director-General may, for disposal of the application, require the applicant to furnish any
additional information which he considers necessary.
(4) The Director-General may also require the applicant to produce evidence in support of any
information furnished in the application.]
258 [81. Aerodrome Manual.
(1) An Aerodrome Manual, in the form as specified by the Director-General, shall be maintained
by the licensee in respect of aerodrome licensed under these rules.
(2) The Aerodrome Manual shall, in addition to any other relevant information, contain the
following particulars, namely:
(a) General: General information including purpose and scope of the aerodrome manual, legal
requirement for an aerodrome licence, conditions for the use of the aerodrome, availability of
aeronautical information system, the system for recording aircraft movement and the obligation
of the aerodrome operator;
(b) Particulars of the aerodrome site: Information including a plan of the aerodrome showing the
main facilities for the operation of the aerodrome, boundaries of the aerodrome, distance of the
aerodrome from the nearest city and particulars of the title of the aerodrome site;
(c) Particulars of the aerodrome required to be reported to the aeronautical information service:
Information regarding name of the aerodrome, location of the aerodrome, geographical
coordinates, aerodrome elevation, elevation of runway threshold, aerodrome reference
temperature, aerodrome beacon, name of the aerodrome operator, address and telephone numbers
and aerodrome dimensions and related information;
(d) Particulars of the aerodrome operating procedures and safety measures: Information
regarding aerodrome reporting, access to the aerodrome movement area, aerodrome emergency
plan, rescue and fire-fighting, inspection of the aerodrome movement area and obstacle
limitation surface by the aerodrome operator, visual aids and aerodrome electrical system,
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maintenance of the movement area, aerodrome walls-safety, apron management, apron safety
management, airside vehicle control, wildlife hazard management, obstacle control, removal of
disabled aircraft, handling of hazardous material, low visibility operations and protection of sites
for radar and navigational aids; and
(e) Aerodrome administration and safety management system: Information including aerodrome
organization chart showing the names and positions of key personnel, including their
responsibilities, the names, position and telephone numbers of the person who is overall
responsible for aerodrome safety, airport committees and safety management system.
(3) A copy of the Aerodrome Manual or such part of the Manual as may be prescribed by the
Director-General, shall be made available by the licensee to all units of the aerodrome.
259 [82. Inspection.
(1) Any person, authorised by the Director-General by general or special order in writing in this
behalf, may, at all reasonable times, enter any place to which access is necessary and to inspect
and carry out tests on the aerodrome facilities, services and equipment, inspect aerodrome
operators documents and records, and verify the aerodrome operators safety management
system before the aerodrome licence is granted or renewed and subsequently, at any other time,
for the purpose of ensuring safety and order at the aerodrome.
(2) The aerodrome operator shall allow the person so authorised, access to any part of the
aerodrome or any aerodrome facility, including equipment, records, documents and operators
personnel and shall co-operate in conducting the activities referred to in sub-rule (1).]
260 [83. Conditions governing the grant of licence.
(1) An aerodrome licence shall be granted or renewed subject to such conditions as the DirectorGeneral considers necessary to ensure compliance with the Convention and the safety of aircraft
operations.
(2) While an aerodrome licence is in force, no alteration to the landing area or to the building or
other structure on the aerodrome which may affect the safety of aircraft shall be undertaken save
with the previous approval of the Director-General and application for such approval shall be
84

addressed to the Director-General and shall be accompanied by full particulars with plans of any
such alteration including alteration to surrounding obstructions which may affect the safety of
aircraft.
(3) The necessary approval may be granted or withheld and if granted, may be granted subject to
such conditions (including conditions involving a revision of the original conditions of
aerodrome licence) as the Director-General may think fit.
(4) If any alteration of the nature referred to in sub-rule (2) is undertaken without the previous
approval of the Director-General, the aerodrome licence may be cancelled.
(5) The licensee shall maintain the aerodrome in a fit state for use by aircraft and adequately
marked to the satisfaction of the Director-General during the whole period of the currency of the
licence and shall, if the aerodrome becomes unserviceable, immediately inform the DirectorGeneral.
261 [84. Period of validity of licence.An aerodrome licence may be granted for any period not
exceeding twenty-four months, and on each occasion of renewal, may be renewed for any period
not exceeding twenty four months.]
262 [85. Public aerodromes.Every aerodrome which is licensed for public use or which is open
to public use by aircraft registered in India upon payment of charges shall to the same extent and
upon the same conditions, be open to use by aircraft possessing the nationality of any other
contracting State. Every such aerodrome shall be open to use by any aircraft in the service of the
Central Government.]
268 [91. Prohibition of slaughtering and flaying of animals, depositing of rubbish and other
polluted or obnoxious matter in the vicinity of aerodrome.No person shall slaughter or flay
any animal or deposit or drop any rubbish, filth, garbage or any other polluted or obnoxious
matter including such material from hotels, meat shops, fish shops and bone-processing mills
which attracts or is likely to attract vultures or other birds and animals within a radius of ten
kilometers from the aerodrome reference point: Provided that the Director-General or Joint
Director General of Civil Aviation or Deputy Director General of Civil Aviation, as the case may
be, may, if he is satisfied that proper and adequate arrangements have been made by the owners
85

of hotels, meat shops, fish shops and bone processing mills so as to prevent attraction of vultures
or other birds and animals, having regard to the vicinity of place of slaughter from the
aerodrome, arrangements for disposal or deposit of carcass, rubbish and other polluted and
obnoxious matter, grant permission in writing for the purpose.]
269 [92. Ground Handling Services.The licensee shall, while providing ground handling
service by itself, ensure a competitive environment by allowing the airline operator at the airport
to engage, without any restriction, any of the ground handling service provider who is permitted
by the Central Government to provide such service: Provided that such ground handling service
provider shall be subject to the security clearance of the Central Government.]
[***] _________
1. Vide Notification No. V-26, dated 23rd March, 1937.
2. Part XII (containing rules 93 to 133) omitted by G.S.R. 1225, dated 15th October, 1959.
1[133B. Approved Organisations.
(1)
(a) In this part organisation refers to an organisation or a person engaged in one or more of the
following activities, namely:
(i) design and manufacture of aircraft, aircraft components and items of equipments including
materials, forging, castings, standard parts;
(ii) maintenance, overhaul, modification repair, inspection, treatment, processing of aircraft
components and items of equipment;
(iii) manufacture, storage, distribution and supply of aircraft fuel, lubricants, special products;
(iv) storage and distribution of aircraft, aircraft components, items of equipment, materials,
standard parts;
(v) laboratories and tests to be carried out therein;
(vi) training schools.
86

(b) In this part manual means Quality Control Manual, Design Manual, Training Manual,
Stores Manual required to be provided by an organisation under sub-rule (4).
(2) An organisation shall have adequate facilities including qualified and trained staff and
necessary equipment for tests and inspection aids.
(3) The Director-General may, on request and on being satisfied, approve an organisation or
person to operate under the system of approval. Where considered necessary, organisation or
person engaged in specific activities may be required by the Director-General to operate under an
approved system. For operating under an approved system, the organisation or person shall
comply with such requirements as may be specified by the Director-General. 2[(3A) The
approval granted under sub-rule (3), unless suspended or cancelled, shall remain valid for a
period not exceeding one year and on being satisfied, the Director General may renew the
approval for a further period of one year.]
(4) (a) An approved organisation shall provide, for the use and guidance of its personnel,
manuals which shall contain details of information concerning policies, procedures, practices and
quality control methods relating to activities of that organization and as may be specified by the
Director-General.
(b) A complete copy of the manual or such portions of the manual as the Director-General may
direct shall be submitted to the appropriate regional office of the Civil Aviation Department for
approval.
(c) An approved organisation shall revise its manuals from time to time whenever necessary as a
result of changes in its operations, aircraft equipment or practice or experience with the existing
aircraft equipment or practices. Any revision of practices and procedure which affect the
airworthiness or safety of the aircraft equipment shall be subject to the prior approval of the
Director-General.
(5) Copies of the manual and amendments thereto shall be furnished by the approved
organisation to such of its personnel as considered necessary, to the Director-General and to such
other person associated with the work of the organisation, as the Director-General may specify.

87

(6) Members of the organisation shall comply with all the instructions relating to their duties as
contained in the manual(s).
(7) An organisation shall ensure that provision is made for imparting necessary instructions to its
personnel who are authorised to certify for proper discharge of their duties and responsibilities.
(8) An organisation shall maintain complete record of its activities and such other records as may
be required by the Director-General. The records, reports, logs, drawings, shall be made
available to the Director-General for inspection and check and at such times as he directs. The
records shall be kept for such period as may be specified by the Director-General.
(9) An organisation shall comply with such requirements as may be specified in the publication
titled Civil Airworthiness Requirements. 3[(10) Without prejudice to the provisions of any rules
the Director-General may, after giving a show cause notice to an organisation or a person and
after making such enquiry as he may deem fit, cancel, suspend or endorse any authorisation or
approval or issue a warning or an admonition to the organisation or the person, where he is
satisfied that
(a) the conditions stipulated by the Director-General under this rule or under the civil
airworthiness requirements are not being complied with;
(b) the organisation or the person has performed work or granted a certificate in respect of work
which has not been performed in a careful or competent manner or has performed work beyond
the scope of it or his approval or failed to make proper entries and certification thereof or for any
other reason considered by the Director-General as sufficient to cancel, suspend or endorse an
authorisation or approval granted under this rule, or to issue a warning or an admonition.]
134. Air Transport Services.1[
(1) ] No person shall operate any scheduled air transport service from, to, in, or across India
except with the permission of the Central Government, granted under and in accordance with and
subject to the provisions contained in Schedule XI: Provided that any person already permitted
and operating scheduled air transport service before commencement of the Aircraft (Second
Amendment) Rules, 1994, or any successor to such person under section 3 of the Air Corporation
(Transfer of Undertaking and Repeal) Ordinance, 1994 (Ord. 4 of 1994), may continue operation
88

of such services subject to the provisions of sub-rule (1A).] 2[(1A) The Central Government
may, with a view to achieving better regulation of air transport services and taking into account
the need for air transport services of different regions in the country, direct, by general or special
order issued from time to time, that every operator operating any scheduled air transport service
shall render service in accordance with the conditions specified in such order including any
condition relating to their due compliance.]
(2) The Central Government may permit any air transport undertaking of which the principal
place of business is in any country outside India to operate an air transport service from, to or
across India in accordance with the terms of any agreement for the time being in force between
the Government of India and the Government of that country, or, where there is no such
agreement, of a temporary authorization by the Government of India.]
(3) No air transport service, other than a scheduled air transport service or an air transport
service, to which the provisions of sub-rule (1) or (2) apply, shall be operated except with the
special permission of the Central Government and subject to such terms and conditions as it may
think fit to impose in each case.]
1[135. Tariff for international air transportation.
(1) Every operator of an air transport service operating in accordance with rule 134 shall, having
regard to all relevant factors, including the cost of operation, reasonable profit and the general
prevailing tariff, establish tariff showing fares, rates and charges for international air
transportation.
(2) Every operator shall cause to be published the tariff established by him under sub-rule (1) in
his website or two daily newspapers, and shall display such tariff in a conspicuous part of his
office and in the office of his agent, if any.
(3) Every operator shall maintain all records relating to tariff established by him under sub-rule
(1) in such manner and in such form as may be specified by the Director-General, and on
demand by the Director-General shall produce such records before the Director-General for
inspection.

89

(4) Where the Director-General is satisfied that any operator has established excessive or
predatory tariff under sub-rule (1) or has indulged in oligopolistic practice, he may, by order,
issue directions to such operator.
(5) Every direction issued under sub-rule (4) shall be complied with by such operator.]
319 [ 135 Tariff 320 [***]. 321 [
(1) Every air transport undertaking operating in accordance with sub-rules (1) and (2) of rule
134, shall establish tariff having regard to all relevant factors, including the cost of operation,
characteristics of service, reasonable profit and the generally prevailing tariff.]
(2) Every 322 [air transport undertaking] shall cause to be published the tariff established by him
under sub-rule (1) in his website or two daily newspapers, and shall display such tariff in a
conspicuous part of his office and in the office of his agent, if any.
(3) Every 322 [air transport undertaking] shall maintain all records relating to tariff established
by him under sub-rule (1) in such manner and in such form as may be specified by the DirectorGeneral, and on demand by the Director-General shall produce such records before the DirectorGeneral for inspection.
(4) Where the Director-General is satisfied that any 322 [air transport undertaking] has
established excessive or predatory tariff under sub-rule (1) or has indulged in oligopolistic
practice, he may, by order, issue directions to such 322 [air transport undertaking].
(5) Every direction issued under sub-rule (4) shall be complied with by such 322 [air transport
undertaking].] 324 [***] 325 [***]
341 [140C. Route Guides.All aircrafts of the Corporation engaged in sheduled air transport
services shall carry a Route Guide, which shall be in addition to any other relevant information,
contain the following that is to say:
(a) Communication facilities, navigation aids and a list of aerodromes, available on the route to
be flown;

90

(b) instrument let down procedure for aerodromes on the route or, those likely to be used as
alternates;
(c) meteorological minima for each of the aerodromes on the route to be flown and that are likely
to be used as regular or alternate aerodromes; and
(d) specific instructions for computation of quantities of fuel and oil to be carried on each route,
having regard to all circumstances of the operation, including the possibility of the failure of one
or more engines of the aircraft.]
1[153. Carriage of Mails.The Corporation shall cause to be carried by its scheduled air
transport services such mails as may, from time to time, be required to be carried from one place
to another by the Director-General, Posts and Telegraphs, or any person authorised by him in this
behalf.]
359 [154. Definitions.
(a) In this Part Engineering and Inspection refer to performance of all work necessary for
ensuring airworthiness and safety of the aircraft, including overhaul, maintenance, modification,
repair, replacement, manufacture, assembly, testing, treatment, inspection and certification.
(b) In this part, manual refers to Operators Maintenance System Manual or Operators
Quality Control Manual or any other manual covering such requirements as the case may be.]
360 [155. Private aircraft owners.
(1) A private aircraft, aircraft components and items of equipment shall be maintained as may be
specified by the Director-General.
(2) An owner shall maintain complete record of aircraft, aircraft components and items of
equipment as included in the approved manual, of total time flown, the time flown since last
overhaul and time flown since last inspection and any other data as may be specified by the
Director-General. The records shall be made available for inspection and check and shall be
maintained for such period as may be specified by the Director-General.

91

(3) An owner shall comply with the engineering inspection and manual requirements, as may be
specified in expanded civil airworthiness requirements.]
361 [155A. Operators.
(1) An operator shall have access to an adequate organization, including qualified and trained
staff together with workshop and other equipment, facilities and inspection aids as may be found
necessary.
(2) The Corporation shall operate under an approved maintenance system providing a basis of
operation under a delegated system of airworthiness control for the safety of its aircraft and
persons it carries on board the aircraft. The Director-General may, on request and on being
satisfied, grant approval for other scheduled and non-scheduled and aerial work operators and
flying clubs to operate under an approved maintenance system. However, Director-General may
require them to operate under approved maintenance system, wherever considered necessary. For
the grant or issue and continued validity of operation under the approved maintenance system,
the operator shall comply with the requirements specified in the civil airworthiness requirements
and as may be specified by the Director-General.
(3) (a) An operator shall provide, for the use and guidance of its personnel, manuals which shall
contain details of information concerning policies, procedures, practices and quality control
methods relating to activities of that operator and containing such further information as may be
specified by the Director-General.
(b) A complete copy of the manual or such portions of the manual as the Director-General may
direct shall be submitted to the appropriate regional office of the Civil Aviation Department for
approval.
(c) An approved operator shall revise manuals from time to time and whenever found necessary
as a result of changes in its operations, aircraft equipment or practices or experience with the
existing aircraft, equipment or practices. Any revision of practices and procedures which affect
the airworthiness or safety of the aircraft or equipment shall be subject to the prior approval of
the Director-General.

92

(4) Copies of the manual and the revisions thereof shall be supplied by an approved operator to
such of its personnel and to such other persons associated with the work of that operator, as the
Director-General considers necessary.
(5) Employees of an approved operator shall comply with all the instructions relating to their
duties as contained in the manual(s).
(6) An approved operator shall ensure that provision has been made for imparting instructions to
its personnel authorised to certify as may be considered necessary for the proper discharge of
their duties and responsibilities.
(7) Every operator including an approved operator shall maintain complete records of the total
time flown since last overhaul and the time flown since last inspection of all airframes, engines,
instruments, radio apparatus, equipments and accessories as included in the approved manual.
They shall also maintain such other records as may be specified by the Director-General to
whom these records shall be made available, for inspection and check, whenever required by
him. The records shall be kept for such period as may be specified by the Director-General.
(8) Every operator including an approved operator shall comply with the engineering, inspection
and manual requirements, as may be specified in the civil airworthiness requirements.
362 [(9) Without prejudice to the provisions of any rule, the Director-General may, after giving a
show-cause notice to an operator or a person and after making such enquiry as he may deem fit,
cancel, suspend or endorse any authorisation or approval or issue warning or admonition to the
operator or the person, where he is satisfied that:
(a) the conditions specified by the Director-General under this rule and the civil airworthiness
requirements are not being complied with, and
(b) the operator or the person has performed work, or granted a certificate in respect of the work
which has not been performed in a careful or competent manner or has performed work beyond
the scope of its or his approval or failed to make proper entries and certification thereof or for
any other reason considered by the Director-General to be sufficient to cancel, suspend or
endorse authorisation or approval granted under this rule, or to issue a warning or an
admonition.]]
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1[156. Inspection.
(1) Any person, authorised by the Director-General by general or special order in writing in this
behalf, may (a) at all reasonable times enter any place to which access is necessary for the
purpose of exercising his powers or carrying out his duties under these rules; (b) at all times
during working hours enter that portion of any organisation, factory or place in which aircraft,
aircraft components, items of equipment, materials are being designed, manufactured,
overhauled, repaired, modified, assembled, tested, stored, and inspect any such organisation,
factory or place, aircraft component and items of equipment and drawings relating thereto;
(c) at any time inspect any aircraft including a private aircraft which is required by these rules to
be certified as airworthy or in respect of which a certificate of airworthiness is in force or has
been suspended or deemed to be suspended;
(d) enter, inspect and search any aircraft for the purpose of securing compliance with any of
these rules or the provisions of the Aircraft Act, 1934 (22 of 1934).
(2) Any person authorised by the Director-General to inspect under sub-rule (1) shall advise the
owner or operator of the aircraft and the organisation in the method of inspection, manufacture
and maintenance of aircraft.]
1[157. Fraudulent of Documents.No person shall fraudulently lend any licence, certificate,
authorisation or approval issued under these rules or allow it to be used by any other person.]
158. Foreign military aircraft.No person shall fly or land, or assist in flying or landing, any
foreign military aircraft over or in India except on or with the invitation or permission in writing
of the Central Government and on such conditions as may be specified in the invitation or
permission.
1[158A. Aircraft registered in or belonging to a foreign State.Except as provided in rules 134
and 158, no aircraft registered in, or belonging to a foreign State, shall be flown into, over, across
or within India except with the prior permission of the Director-General and except in
accordance with such terms and conditions as he may think fit to impose while granting such
permission: Provided that the Director-General may, by general or special order, exempt any

94

aircraft or class of aircraft either generally or in respect of any specified flight from the
provisions of this rule.]
159. Obstruction of authorized persons.No person shall voluntarily obstruct any person in the
exercise of his powers or in the discharge of his duties under these rules.
160. General Power to exempt.The Central Government may, by general or special order in
writing exempt any aircraft or class of aircraft or any person or class of persons from the
operation of these rules, either wholly or partially, subject to such conditions, if any, as may be
specified in such order.
161. Penalties.
(1) Any person contravening any of these rules shall, where no punishment is provided for such
contravention in the Aircraft Act, 1934 (22 of 1934), be punishable to the extent laid down in
Schedule VI of these rules.
(2) It shall be a defence to any proceedings for contravention of or failure to comply with these
rules if the contravention or failure is proved to have been due to accident, stress of weather or
other unavoidable cause; and it shall be a defence to any proceedings under these rules against
the owner, hirer, operator, pilot or commander of an aircraft that the alleged contravention took
place without his actual fault or privity

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UNIT III

CHAPTER 6: THE AIR CORPORATIONS ACT, 1953 (27 OF 1953)

An Act to provide for the establishment of Air Corporations, to facilitate the acquisition by the
Air Corporations of undertakings belonging to certain existing Air companies and generally to
make further and better provisions for the operations of air transport services.
Be it enacted by Parliament as follows:(a) For the Statement of Object and Reasons, see Gazette of India, 21-3-1953, Pt. II, S.2 Extra,
page 148
CHAPTER I
PRELIMINARY
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1. Short title and commencement.(1) The Act may be called The Air Corporations Act, 1953.
(2) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
(a) The Act came into force on 28-5-1953, see S.R.O.968A, Gaz. of Ind., 28-5-1953, Pt.II, S.3
Extra p.1762. The Act has been extended to Union Territories of Goa, Daman and Diu by the
Goa, Daman and Diu (Laws) Regulation, 1962 (12 of 1962), (w.e.f.1-2-1965), to Dadra and
Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963 (6 of 1963), (w.e.f. 1-71965); and to Pondicherry by the Pondicherry (Laws) Regulation, 1963(7 of 1963), (w.e.f. 1-101963).- Goa is now a State - See Goa, Daman and Diu Reorganisation Act (18 of 1987), S.3(305-1987).
2. Definitions. In this Act, unless the context otherwise requires (i) aircraft means any machine which can derive support in the atmosphere from reactions of
the air and includes balloons, whether fixed or free, airships, kites, gliders and flying machines;
(ii) air transport service means a service for the transport by air of persons, mails or any other
thing, animate or inanimate, for any kind of remuneration whatsoever, whether such service
consists of a single flight or a series of flights;
(iii) associate in relation to either of the corporations means any subsidiary of the corporation
or any person with whom the corporation has made an agreement in accordance with clause(h) of
subsection (2) of section 7;
(iv) "Corporations" means "Indian Airlines" and "Air India International" established under
section 3, and Corporation means either of the Corporations;
(v) the expression existing air companies means the Air India Ltd., the Air Services of India
Ltd., the Airways (India) Ltd., the Bharat Airways Ltd., the Deccan Airways Ltd., the Himalayan
Aviation

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THE AIR CORPORATIONS ACT, 1953 CHAP. I as per S.7(I) of the Air Corporations
(Amendment) Act, 1962 (17 of 1962), S.7(2) of the Amendment Act (17 of 1962) provides as
under :(2) The change of name of Air India International by sub-section (1) shall not affect any
rights and obligations of that Corporation or render defective any legal proceeding by or against
it, and any legal proceedings which might have been continued or commenced by or against that
Corporation by its former name may be continued or commenced by or against it, by its new
name.
4. Constitution of the Corporation.
a[(1) The general superintendence, direction and management of the affairs and business of each
of the Corporations shall vest in a Board of directors which may exercise all such powers and do
all such acts and things as may be exercised or done by the Corporation under this Act.
(1-A) The Board of directors shall consist of a Chairman to be appointed by the Central
Government, and not less than eight and not more than fourteen other directors to be appointed
by the Central Government and the Chairman or any other director may be required to render
whole time or part-time service as the Central Government may direct.
Provided that
(a) that same person may be appointed to be the Chairman of both the Corporations or Chairman
of one and director of the other;
(b) the same persons may be appointed to be directors of both the Corporations.]
(2) Before appointing a person to be a b[director] of either of the Corporations, the Central
Government shall satisfy itself that person will have no such financial or other Ltd., the Indian
National Airways Ltd., the Kalinga Airlines and the Air India International Ltd. and existing air
company means any of the existing air companies;
(vi) prescribe means prescribed by rules made under this Act;
(vii) regulations means regulations made by either of the Corporations under section 45;
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(viii) Scheduled air transport service means an air transport service under-taken between the
same two or more places and operated according to a published time table or with flights so
regular or frequent that they constitute a recognisably systematic series, each flight being open to
use by members of public;
(ix) Tribunal means the Tribunal constituted under section 25.
CHAPTER II
CONSTITUTION AND FUNCTIONS OF THE CORPORATIONS
3. Incorporation of the Corporations (1) With effect from such date as the Central Government
may, by notificationa in the Official Gazette, appoint, there shall be established two Corporations
to be known as Indian Airlines and Air India Internationalb.
(2) Each of the Corporations aforesaid shall be a body corporate having perpetual succession and
a common seal with power, subject to the provisions of this Act, to acquire and hold property,
and may by its name sue and be sued.
(a) The date appointed is 15-6-1953: see S.R.O. 1125- Gaz. of Ind. 12-6-1953,Pt. II.S.3, Ext,
p.1935.
(b) Re-named as Air India w.e.f. 8-6-1962, see S.O. 1676, Gaz. of Ind., 23-5-1962, Pt. II,
S.3(ii), p.2019,5 interest as is likely to affect prejudicially the exercise or performance by him of
his functions as a b[director] of the Corporation and the Central Government shall also, satisfy
itself from time to time with respect to every b[director] of the Corporation that he has no such
interest; and any person who is, or whom the Central Government proposes to appoint and who
had consented to be a b[director] of the Corporation shall, whenever required by the Central
Government so to do, furnish to it such information as the Central Government considers
necessary for the performance of its duties under this sub-section.
(3) A b[director] of either of the Corporations who is in anyway directly or indirectly interested
in a contract made or proposed to be made by the Corporation, or in any contract made or
proposed to be made by an associate of the Corporation which is brought up for consideration by
the Corporation, shall, as soon as possible after the relevant circumstances have come to his
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knowledge disclose the nature of his interest at a meeting of the Corporation; and the disclosure
shall be recorded in the minutes of the Corporation and the b[director] shall not take any part
after the disclosure in any deliberation or decision of the Corporation with respect to that
contract.
(4) During the temporary absence of the Chairman of either of the Corporations, the Central
Government may appoint another person, whether a b[director] of the Corporation or not, to act
as the Chairman.
(5) Save as otherwise provided in this section, nothing contained in this Act shall be deemed to
disqualify the b[managing director] of either of the Corporations from being appointed to be a
b[director] thereof.
(a) Original sub-section (1) substituted by the Air Corporations (Amendment) Act (49 of 1971),
S.2 (1-2-1972).
(b) Word member in sub-sections (2), (3), (4) and (5) and the words General Manager in
sub-section (5), substitued, Ibid.
5. Conditions of service of members.
(1) The Chairman and other a[directors] of each of the Corporations shall ordinarily be entitled to
hold office for the period specified in the order of appointment, unless the appointment is
terminated earlier by the Central Government. Provided that any a[director] may at any time by
notice in writing addressed to the Central Government resign his office.
(2) Subject to the previous approval of the Central Government, each of the Corporations shall
pay to every a[director] thereof in respect of his office as such, b[such remuneration by way of
salary, allowances,] fees or otherwise as may be determined by the Corporation and to the
Chairman in respect of his office as such, such remuneration, whether in addition to the
remuneration to which he may be entitled in respect of his office as a a[directors] or otherwise,
as it may similarly determine.
(a) Word members in sub-section (1) and word member in the proviso to sub-section (1) and
subsection (2), substituted by Air Corporations (Amendment) Act (49 of 1971),S.3(1-2-1972).
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(b) Substituted for words such remuneration by way of allowances, ibid,S.3(ii)(b) (1-2-1972).
6. Vacancy in Corporation not to invalidate proceedings. No act or proceeding of either of the
Corporations shall be deemed to be invalid by reason merely of any vacancy in, or any defect in
the Constitution of, the Corporation.
7. Functions of the Corporation.- (1) Subject to the rules, if any, made by the Central
Government in this behalf, it shall be the function of each of the Corporations to provide safe,
efficient, adequate, economical and properly co-ordinated air transport services, whether internal
or international or both, and the Corporations shall so exercise their powers as to secure that the
air transport services are developed to the best advantage and, in particular, so exercise those
powers as to secure that the services are provided at reasonable charges.
(2) Without prejudice to the generality of the powers conferred by sub-section (1), each of the
Corporations shall, in particular, have power(a) to operate any air transport service, or any flight by aircraft for a commercial or other
purpose, and to carry out all forms of aerial work;
(b) to provide for the instruction and training in matters connected with aircraft or flight by
aircraft of persons employed, or desirous of being employed, either by the Corporation or by any
other person;
(c) with the previous approval of the Central Government, to promote any organisation outside
India for the purpose of engaging in any activity of a kind which the Corporation has power to
carry on;
(d) to acquire, hold or dispose of any property, whether movable or immovable, or any air
transport undertaking;
(e) to repair, overhaul, reconstruct, assemble or recondition aircraft, vehicles or other machines
and parts, accessories and instruments thereof or therefore and also to manufacture such parts,
accessories and instruments, whether the aircraft, vehicles or other machines are owned by the
Corporation or by any other person;

101

(f) to enter into and perform all such contracts as are calculated to further the efficient
performance of its duties and the exercise of its powers under this Act;
(g) to perform any functions as agent or contractor in relation to an air transport service operated
by any other person;
(h) with the previous approval of the Central Government, to enter into agreements with any
person engaged in air transportation with a view to enabling such person to provide air transport
services on behalf of or in association with the Corporation;
(i) with the previous approval of the Central Government, to determine and levy fares and freight
rates and other charges for or in respect of the carriage of passengers and goods on air transport
services operated by it;
a[[ii] to make such grants as it thinks fit as contribution or donation, in furtherance of the
interests of the Corporation, to any fund established for a benevolent or charitable purpose:
Provided that nothing in this clause shall be construed as empowering the Corporation to make
any such grant to any political party or for any political purpose to any individual or body;]
(j) to take such steps as are calculated to extend the air transport services provided by the
Corporation, whether within or without India, including the development of feeder services and
the improvement of the types of aircraft used in air transport services;
(k) to take such steps as are calculated to promote the interests of the Corporation or to improve
the services the Corporation may provide, b[including provision of catering, hotels, restaurants,
rest rooms,] goods-shed, ware-houses and transport by land or water in connection with any air
transport service or any other amenity or facility; c[(kk) to form one or more companies under
the Companies Act, 1956 to further the efficient performance of its duties and the exercise of its
powers under thisAct: Provided that the paid up share capital of every company so formed shall
be held exclusively by the Corporation;]
(l) to take all such steps as may be necessary or convenient for , or may be incidental to , the
exercise of any power, or the discharge of any function or duty conferred or imposed on it by this
Act.

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(3) Nothing contained in this section shall be construed as

(a) authorising the disregard by the Corporation of any law for the time being in force, or
(b) authorising any person to institute any proceeding in respect of a duty or liability to which
either of Corporations or its employees would not otherwise be subject.
(a) Clause (ii) inserted by the Air Corporations (Amendment) Act (49 of 1971), S.4(1-2-1972).
(b) Words including provision of catering, rest rooms in cl.(k) substituted, ibid.
(c) Clause (kk) inserted, ibid.
8. Appointment of officers and other employees of the Corporation. (1) For the purpose of
enabling it efficiently to discharge its functions under this Act, each of the Corporations shall
appoint a a[managing director] and, subject to such rules as may be prescribed in this behalf,
may also appoint such number of other officers and employees as it may think necessary:
Provided that the appointment of the a[ managing director] and such other categories of officers
as may be specified after consultation with the Chairman in such rules shall be subject to the
approval of the Central Government.
(2) Subject to the provisions of section 20, every person employed by each of the Corporations
shall be subject to such conditions of service and shall be entitled to such remuneration and
privileges as may be determined by regulations made by the Corporation by which he is
employed.
(3) Neither the a[managing director] nor such other employee of either of the Corporations as
may be specified in this behalf by the Central Government shall, during his service in the
Corporation, be employed in any capacity whatsoever or directly or indirectly have any interest
in any air transport undertaking other than an undertaking of either of the Corporations, or in any
other undertaking which is interested in any contract with either of the Corporations.
(a) Substituted for the words General Manager by the Air Corporation (Amendment) Act (49 of
1971), S.5 (1-2-1972).

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9. Corporations to act on business principles. In carrying out any of duties vested in it by this
Act, each of the Corporations shall act so far as may be on business principles.
10. Capital of the Corporations. (1) All non - recurring expenditure incurred by the Central
Government for, or in connection with, each of the Corporations up to the date of establishment
of that Corporation and declared to be capital expenditure by that Government, shall be treated as
capital provided by the Central Government to that Corporation. (2) The Central Government
may provide any further capital that may be required by either of Corporations for the carrying
on the business of the Corporation or for any purpose connected therewith on such terms and
conditions as the Central Government may determine. (3) Each of Corporations may, with the
consent of the Central Government, or in accordance with the terms of any general authority
given to it by the Central Government(a) borrow money for all or any of the purposes of the Corporation, and
(b) secure the payment of money borrowed by it or any interest thereon by the issue of bonds,
debentures, debenture-stock or any mortgage or charge or other security on the undertaking of
the Corporation or any part of it or on any of its properties.
11.Vesting of properties in the Corporation. All properties, assets and funds owned or acquired
by the Central Government for the purpose of Indian Airlines or, as the case may be, Air India
International before the establishment of those Corporations shall, on such establishment, vest in
the Corporation concerned.
12. Funds of the Corporation. (1) Each of the Corporations shall have its own funds and all
receipts of the Corporations shall be carried thereto and all payments for the Corporations shall
be made therefrom. (2) Each of the Corporations may keep in a[account] with any scheduled
bank as defined in section 2 of the Reserve Bank of India, Act, 1934 or in any other bank
approved by the Central Government in this behalf a sum of money not exceeding such amount
as may be prescribed, but any moneys in excess of the said sum shall be deposited in the Reserve
Bank of India or with the agents of the Reserve Bank of India or invested in such manner as may
be approved by the Central Government.

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(a) Substituted for the words current account by the Air Corporations (Amendment) Act (49 of
1971), Section 6 (1-2-1972).
13. Powers of the Corporations in regard to expenditure. Each of the Corporations shall have
power, subject to the provisions of this Act, to spend such sums as it thinks fit on objects or for
purposes authorised by this Act and such sum shall be treated as expenditure out of the funds of
that Corporation.
14. Corporations to assume obligations of Central Government in respect of certain matters.
(1) All obligations incurred, all contracts entered into and all matters and things engaged to be
done by, with, or for the Central Government for any of the purposes of this Act before the
establishment of either of the Corporations shall be deemed to have been incurred, entered into
or engaged to be done by, with or for Indian Airlines or, as the case may be, Air India
International according as the obligations contracts, matters and things relate to the purposes of
the former Corporation or the latter.
15.Accounts and audit. (1) The Corporations shall maintain proper accounts and other relevant
records and prepare annual statement of accounts including the profit and loss account and the
balance sheet in such form as may be prescribed by the Central Government in consultation with
the Comptroller and Auditor General of India. (2) The accounts of the Corporations shall be
audited annually be the Comptroller and Auditor General of India and any expenditure incurred
by him in connection with such audit shall be payable by the Corporations to the Comptroller
and Auditor General of India. (3) The Comptroller and Auditor General of India and any person
appointed by him in connection with the audit of the accounts of the Corporations shall have the
same rights and privileges and authority in connection with such audit as the Comptroller and
Auditor-General has in connection with the audit of Government accounts and in particular, shall
have the right to demand the production of books, accounts, connected vouchers and other
documents and papers and to inspect any of the officers of the corporations. (4) The accounts of
the Corporations as certified by the Comptroller and Auditor General of India or any other
person appointed by him in this behalf together with the audit report thereon shall be forwarded
annually to the Central Government and the Government shall cause the same to be laid before
both Houses of Parliament.

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a[15A. Audit of accounts of companies formed by Corporations. (1) Notwithstanding

anything contained in the Companies Act, 1956, the auditor of any company formed by either of
the Corporations under clause (kk) of sub-section (2) of section 7 shall be appointed or reappointed by the Corporation concerned on the advice of the Comptroller and Auditor General of
India. (2) Save as otherwise provided in subsection (1), in addition to the provisions contained in
the Companies Act, 1956, relating to the audit of the accounts of any company, the following
provisions shall apply to the audit of the accounts of any company referred to in subsection (1),
namely:
(i) the Comptroller and Auditor General of India shall have power to conduct a supplementary or
test audit of the companys accounts by such person or persons as he may authorise in this
behalf: and for the purposes so authorised, on such matters by such person or persons and in such
form as the Comptroller and Auditor General may, by general or special order, direct;
(ii) the author appointed or re-appointed under sub-section (1) shall submit a copy of his audit
report to the Comptroller and Auditor General of India who shall have the right to comment
upon, or supplement, the audit report in such manner as he may think fit;
(iii) any such comments upon, or supplement to, the audit report shall be placed before the
annual general meeting of the company at the same time and in the same manner as the audit
report.] (a) Inserted by the Air Corporation (Amendment) Act (49 of 1971), S.7(1-2-1972).

CHAPTER IV ACQUISITION OF UNDERTAKINGS OF EXISTING AIR COMPANIES

16.Undertakings of existing air companies to vest in the Corporations. On such date as the
Central Government may, by notification a in the Official Gazette, appoint (hereinafter referred
to as the appointed date), there shall be transferred to and vest in
(a) Indian Airlines, the undertaking of all the existing air companies (other than Air India
International Ltd.), and
(b) Air India International, the undertaking of the Air India International Ltd.
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(a) The day appointed is 1-8-1953; see S.R.O. 1262 in Gaz. Ind., 1953, Pt. II, S.3, page 931.
17.General effect of vesting of undertakings in the Corporations. (1) The undertaking of each
of the existing air companies which is transferred to and which vests in either of the Corporations
under Section 16 shall, subject to the provisions of section 22, be deemed to include all assets,
rights, powers, authorities and privileges and all property, movable and immovable, including
lands, works, workshops, aircraft, cash balances, reserve funds, investment and book debts and
all other rights and interests arising out of such property as were immediately before the
appointed date in the ownership, possession or power of the existing air company in relation to
the undertaking, whether within or without India, and all books of account and documents
relating thereto, and subject to the provisions contained in Section 22, shall also be deemed to
include

all borrowings, liabilities and obligations of whatever kind then subsisting of the

existing air company in relation to the undertaking.

(2) Any lands works, aircraft, assets or other property vesting in the Corporation under
subsection (1) shall by force of such vesting be freed and discharged from all trusts, obligations,
mortgages, charges, liens and other encumbrances affecting it, and any attachment, injunction or
any other order of a Court restricting the use of such property in any manner shall be deemed to
have been withdrawn.
(3) Subject to the other provisions contained in this Act all contracts and working arrangements
which are subsisting immediately before the appointed date and affecting any of the existing air
companies shall, in so far as they relate to the undertaking of that company, cease to have effect
or be enforceable against that company or any person who was surety or had guaranteed the
performance thereof, and shall be of as full force and effect against or in favour of the
Corporation in which the undertaking has vested by virtue of this Act and enforceable as fully
and effectually as if, instead of the company, the Corporation had been named therein or had
been a party thereto.
(4) Subject to the other provisions contained in this Act, any proceeding or cause of action
pending or existing immediately before the appointed date by or against any of the existing air
companies in relation to its undertaking may as from that date be continued and enforced by or
against the Corporation in which it has vested by virtue of this Act as it might have been
107

enforced by or against that company if this Act had not been passed, and shall cease to be
enforceable by or against that company, its surety or guarantor.
18. Reservation of scheduled air transport services to the Corporations. (1) After the appointed
date, it shall not be lawful for any person other than the Corporations or their associates to
operate any scheduled air transport service from to, in or across India: Provided that nothing in
this section shall restrict the right of any person,(a) for the purpose of any air transport undertaking of which the principal place of business is in
any country outside India, to operate an air transport service in accordance with the terms of any
agreement for the time being in force between the Government of India and the Government of
that country; or
(b) to carry passengers for the sole purpose of instructing them in flying or on duties of aircrews; or (c) to carry passengers or goods for the sole purpose of providing an air ambulance
service or a rescue or relief service during any natural calamity; or
(d) to carry passengers or goods for the sole purpose of providing joy rides consisting of flights
operated from and to the same aerodrome or place without any intermediate landing or for the
purpose of aerial survey, fire fighting, crop-dusting, locust control or any other aerial work of a
similar nature; a[or
(e) to operate, with the previous permission of the Central Government for such period and
subject to such terms and conditions as that Government may determine, any scheduled air
transport service as aforesaid which is not provided by either of the Corporations or their
associates.]
(2) Any person who operates a scheduled air transport service in contravention of the provisions
of this section shall be liable in respect of each offence to a fine which may extend to one
thousand rupees, or to imprisonment which may extend to three months, or to both.
Explanation. The operation of each flight shall constitute a separate offence for the purposes of
this section. (a) Inserted by the Air Corporations (Amendment) Act, 1962 (17 of 1962), S.2 (303-1962).

108

19. Licences to cease to be valid. With effect from the appointed date, all licences granted
under the Indian Aircraft Act, 1934 (22 of 1934) or under the rules made thereunder for the
operation of scheduled air transport services shall cease to be valid.
20. Provisions respecting officers and employees of existing air companies. (1) Every officer
or other employee of an existing air company (except a director, managing agent, manager or any
other person entitled to manage the whole or a substantial part of the business and affairs of the
company under a special agreement, employed by that company prior to the first day of July,
1952, and still in its employment immediately before the appointed date shall, in so far as such
officer or other employee is employed in connection with the undertaking which has vested in
either of the Corporations by virtue of this Act, become as from the appointed date an officer or
other employee, as the case may be, of the Corporation in which the undertaking has vested and
shall hold his office or service therein by the same tenures, at the same remuneration and upon
the same terms and conditions and with the same rights and privileges as to pension and gratuity
and other matters as he would have held the same under the existing air company if its
undertaking had not vested in the Corporation and shall continue to do so unless and until his
employment in the Corporation is terminated or until his remuneration, terms or conditions are
duly altered by the Corporation:
Provided that nothing contained in this section shall apply to any officer or other employee who
has, by notice in writing given to the Corporation concerned prior to such date as may be fixeda
by the Central Government by notification in the Official Gazette, intimated his intention of not
becoming an officer or other employee of the Corporation.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may direct
either of the Corporations in which the undertaking of any existing air company has vested to
take into its employment any officer or other employee who was employed by the existing air
company prior to the first day of July, 1952, and who has been discharged from service in the
company on or after the said date for reasons which, in the opinion of the Central Government
appear to be inadequate for the purpose, and where the Central Government issues any such
direction, the provisions of sub-section (1) shall apply to such officer or other employee as they
apply to any officer or other employee referred to therein.

109

(3) As from the appointed date the trustees of the provident funds and pension funds or pension
schemes of each of existing air companies shall transfer to the Corporation concerned the
balances lying to the credit of each of the employees whose services have been transferred to that
Corporation by virtue of this Act and also all other balances of the funds or schemes as shall
remain after satisfying all demands and liabilities, and thereupon the trustees shall be discharged
of the trusts by virtue of this Act.
(4) Notwithstanding anything contained in this Act or in the Indian Companies Act, 1913 or in
any other law for the time being in force or in any agreement entered into by an existing air
company or in the articles of association of any such company, no director, managing agent,
manager or any other person entitled to manage the whole or a substantial part of the business
and affairs of the company shall be entitled to any compensation against any existing air
company or against either of the Corporations for the loss of office or for the premature
termination of any contract of management entered into by him with any existing air company
and where any existing air company has, after the first day of July, 1952 , and before the
commencement of this Act, paid to any such person as is referred to in this sub-section any sum
by way of compensation to which the person receiving such compensation would not have been
entitled if this sub-section were in force at the time of such payment, the existing air company
shall be entitled to claim refund of any sum so paid.
(a) 10th of July 1953 was fixed as the date prior to which the notice referred to in the Proviso
might be given: see S.R.O. 1170 in Gaz. Ind., 1953, Pt. II-S.3,p.882.
21. Duty to deliver up possession of property acquired and documents relating thereto. (1)
Where any property has vested in either of the Corporations under section 16, every person in
whose possession or custody or under whose control the property may be, shall deliver up the
property to the Corporation concerned forthwith. (2) Any person who on the appointed date has
in his possession or under his control any books, documents or papers relating to any undertaking
which has vested in either of the Corporations under this Act and which belong to an existing air
company or would have so belonged if its undertaking had not so vested shall be liable to
account for the said books, documents and papers to the Corporation in which the undertaking
has vested and shall deliver them up to the Corporation or to such person as the Corporation may
direct: Provided that the Corporation shall produce for inspection by such companies or their
110

authorized representatives the books of account and documents as relate to the affairs of the
company for any period prior to the appointed date.
(3) Without prejudice to the other provisions contained in the section, it shall be lawful for the
Corporation and the Central Government to take all necessary steps for securing possession of all
properties which have vested in the Corporation under section 16.
22. Duty of existing air companies to supply particulars (1) Where the undertaking of an
existing air company vests in either of the Corporations under this Act, the existing air company
shall within thirty days from the appointed date of within such further time as the Corporation
concerned may allow in any case, supply to the Corporation particulars of book debts and
investments belonging to and all liabilities and obligations of the company subsisting
immediately before any appointed date, and also of all agreements entered into by the existing air
company and in force on the appointed date, including agreements, whether express or implied,
relating to leave, pension, gratuity and other terms of service of any officer or other employees of
the existing air company, under which by virtue of this Act the Corporations have or will or may
have liabilities except such agreements as the Corporation may exclude either generally or in any
particular case from the operation of this sub-section.
(2) If any existing air company fails to supply to the Corporation concerned particulars of such
book debts, liabilities and agreements within the time allowed to it for the purpose under subsection (1), nothing contained in this Act shall have effect so as to transfer any such book debts,
liabilities and agreements to, or to vest the same in, the Corporation.
(3) Either Corporation may be notice in writing within a period of a[six months] after submission
of the particulars referred to in sub-section (1) intimate to the existing air company submitting
the particulars that such of the book debts and investments as are specified in the notice are not
included in the properties vesting in the Corporation whereupon the compensation provided by
section 25 of this Act and the Schedule thereto shall be reduced by the amount of such excluded
book debts and investments but the right of such existing air company to recover and retain such
excluded book debts shall remain unaffected by this Act.
[a] Substituted for the words ninety days by the Air Corporations (Amendment) Act, 1954 (10
of 1954), S.2 (w.r.e.f. 30-1-1954) 23. Right of Corporations to disclaim certain agreements (1)
111

Where it appears to either of the Corporations that the making of any such agreements as is
referred to in section 22 under which the Corporation has or will have or may have liabilities was
not reasonably necessary for the purposes of the activities of the existing air company or has not
been entered into in good faith, the Corporation may, within a[one year] from the appointed date,
apply to the Tribunal for relief from such agreement, and the Tribunal, if satisfied after making
such inquiry into the matter as it thinks fit that the agreement was not reasonably necessary for
the purposes of the activities of the existing air company or has not been entered into in good
faith, may make an order cancelling or varying the agreement on such terms as it may think fit to
impose and the agreement shall thereupon have effect accordingly.
(2) All the parties to the agreement which is sought to be cancelled or varied under this section
shall be made parties to the proceeding. [a] Substituted for the words six months by the Air
Corporations (Amendment) Act, 1954 (10 of 1954) S. 4 (w.r.e.f. 30-1-1954).
24. Transactions resulting in dissipation of assets (1) This section shall apply where any
existing air company has, after the first day of July, 1952 and before the appointed date,
(a) made any payment to any person without consideration or for an inadequate consideration;
(b) sold or disposed of any of its properties or right without consideration or for an inadequate
consideration;
(c) acquired any property or right for any excessive consideration;
(d) entered into or varied any agreement so as to require an excessive consideration to be paid or
given by the company;
(e) entered into any other transaction of such an onerous nature as to cause a loss to or impose a
liability on the company exceeding any benefit accruing to the company; or
(f) sold or otherwise transferred any aircraft, equipment, machinery or other property of book
value exceeding rupees ten thousand; and the payment, sale, disposal, acquisition agreement or
variation there of, or other transaction or transfer was not reasonably necessary for the purposes
of the company or was made with an unreasonable lack of prudence on the part of the company
regard being had in either case to the circumstances at the time.
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(2) Either of the Corporations may, in the case of any such existing air company as is referred to
in sub-section (1) the undertaking of which was vested in the Corporation under this Act, at any
time within a[one year] from the appointed date, apply for relief to the Tribunal in respect of any
transaction to which in the opinion of the Corporation this section applies, and all parties to the
transaction shall, unless the Tribunal otherwise directs, be made parties to the application.
(3) Where the Tribunal is satisfied that a transaction in respect of which an application is made is
a transaction to which this section applies, then, unless the Tribunal is also satisfied that the
transaction was a proper transaction made in the ordinary course of business regard being had to
the circumstances at the time and was not in any way connected with any provision made by this
Act or with any anticipation of the making of any such provision, the Tribunal shall make much
order against any of the parties to the application as the Tribunal thinks just having regard to the
extent to which those parties where respectively responsible for the transaction of benefited from
it and all the circumstances of the case.
(4) Where an application is made to the Tribunal under this section in respect of any transaction
and the application is determined in favour of the Corporation the Tribunal shall have exclusive
jurisdiction to determine any claims outstanding in respect of the transaction.
[a] Substituted for the words six months by the Air Corporations (Amendment) Act, 1954 (10
of 1954.) S. 4 (w.r.e.f. 30-1-1954).
25. Compensation to be given compulsory acquisition of undertaking (1) Where the
undertaking of any of the existing air companies has vested in either of the Corporations under
this Act, compensation shall be given by the Corporation to that company in the manner
specified in section 27 and the amount of such compensation shall be determined in accordance
with the principles specified in the Schedule to this Act.
(2) Not with standing that separate valuations are calculated under the principles specified in the
Schedule in respect of the several matters referred to therein, the amount of compensation to be
given shall be deemed to be a single compensation to be given for the undertaking as a whole.
(3) The amount of the compensation to be given in accordance with the aforesaid principles shall
be determined by the Corporation and if the amount so determined is approved by the Central
113

Government, it shall be offered to the existing air company in full satisfaction of the
compensation payable under this Act, and if the amount so offered is not acceptable to the
existing air company, it may within such time as may be prescribed for the purpose have the
matter referred to a Tribunal constituted for this purpose by the Central Government for decision.
26. Constitution of special Tribunal to determine compensation. (1) The Tribunal to be
constituted under section 25 shall consist of three members appointed by the Central
government, one of whom shall be a person who is or has been a Judge of a High Court or has
been a Judge of the Supreme Court. (2) The Tribunal may for the purpose of deciding any matter
under this Act choose one or more persons possessing special knowledge of any matter relating
to the case under inquiry to assist it in determining any compensation which is to be given under
this Act. (3) The Tribunal shall have the powers of a civil court while trying a suit under the
Code of Civil Procedure, 1908 in respect of the following matters:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents.
(4) The Tribunal shall by a majority of its number regulate its own procedure and decide any
matter within its competence and may review its decision in the event of there being a mistake
on the face of the record or correct any arithmetical or clerical error therein but subject there to
the decision of the Tribunal on any matter within its jurisdiction shall be final and shall not be
called in question in any court.
27.Mode of giving compensation (1) When the amount of compensation to be given under this
Act to an existing air company has been determined under section 25, the Corporation shall give
to the company one or more bonds of the face value of the amount of compensation so
determined less such portion there of as is payable in cash under this section. (2) Out of the
compensation to be given to each of the existing air companies under this Act, there shall be paid
in cash

114

(a) ten per cent. of the amount of compensation payable to each of such companies (Which
percentage shall be uniformly applicable to all existing air companies); or
(b) the amount borrowed by any such company from any bank and outstanding on the 31st day
of December, 1952 or on the appointed date, whichever amount is less; or
(c) an amount equal to the cash of any such company, including cash in deposit with a bank,
which has vested in the Corporation under this Act; whichever of the amount specified in clauses
(a), (b) and (c) is the greatest.
(3) The bonds aforesaid shall be issued by the Corporation with the previous approval of the
Central Government and shall be negotiable and shall be redeemed at their face value by the
Corporation concerned on the demand of the holder within one hundred and eighty days after the
expiry of five years from the date of their issue and the redemption of the bonds and payment of
all interest there on shall be guaranteed by the Central Government. (4) If within the expiry of
the said period of one hundred and eighty days, the holder of any bond fails to require payment
of its face value from the Corporation concerned, the bond shall cease to the redeemable at the
option of the holder: Provided that in any case the Corporation may by notice require the holder
of the bond to accept its face value in cash at any time whether before of after the expiry of the
period of five years aforementioned. (5) The holder of the bond shall be entitled to receive from
the Corporation interest on the bond at three-and-a-half per cent per annum at such intervals as
may be prescribed, with effect from the appointed date and until the bond is duly redeemed. (6)
Bonds issued under this section shall, for the purpose of redemption and of computing interest,
be deemed to have been issued on the appointed date. [7] Any bond issued under the provisions
of this section shall be deemed to be a security in which a trustee may invest trust monies within
the meaning of section 20 of the Indian Trusts Act, 1882.
28.Winding up of existing company whose undertaking has been acquired (1) The Central
Government may, on the application of any existing air company or on the application of a
majority in number representing three fourths in value of its members holding ordinary shares,
by order in writing, authorise the existing air company the undertaking of which has vested in
either of the Corporations to be wound up voluntarily in accordance with the provisions of the
Indian Companies Act, 1913 relating to voluntary winding up: Provided that
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(a) the winding up of the company shall commence on the day on which the Central Government
authorises the winding up without the passing by the company of any special or other resolution
for winding up; and
(b) the directors of the existing company shall not be under an obligation to make any such
statutory declaration as is required by section 207 of the Indian Companies Act, 1913 and
(c) the winding up of the company shall be continued by the directors of the existing company in
office at the time the Central Government authorises its winding up and they shall be deemed to
be joint liquidators for the purpose of the said winding up with power to act by a majority of
their number.
(2) For the purposes of winding up the affairs of any existing air company or for any other
purpose necessary for enabling it to give effect to the provisions of this Act, the Central
Government may, notwithstanding anything contained in this Act, permit the existing air
company to occupy, keep in its custody, or utilise, as the case may be, for such period as it may
allow any office, books, accounts and other documents and the services of any officers or other
employees, which have been transferred to either of the Corporations under this Act, on such
terms and conditions as may be agreed between the Corporation in which the undertaking has
vested and the existing air company, or failing agreement, as may be determined by the Central
Government.
29. Authorisation under section 28 may contain certain directions Any authorisation granted
under section 28 may include a direction requiring an existing air company the voluntary
winding up of which has been authorised under that section to distribute its net assets among the
various classes of members of the company in such proportion as the Central Government may,
having regard to the amount subscribed by each class of such members or having regard to the
circumstances relating to the issue of the shares to the various classes of members, specify in the
direction, and any such direction shall have effect not with standing anything contained in the
Indian Companies Act, 1913 or in the articles of association or resolution of the company or in
any agreement, and every such company shall be bound to comply with any such direction.
CHAPTER V: AIR TRANSPORT COUNCIL

116

30.Constitution of Air Transport Council a[(1) The Central Government may, from time to
time, by notification in the Official Gazette constitute] an Air Transport Council consisting of a
Chairman and such other number of members not exceeding eleven as the Central government
may appoint there to: Provided that amongst the members to be so appointed there shall at least
be one person with experience in financial metters and one person who is an employee of either
of the Corporations with experience in labour matters. b[(2) If at any time the Central
Government is of opinion that the continued existence of an Air Transport Council is not
necessary, it may, by notification in the Official Gazette, declare that the Air Transport Council
shall be dissolved with effect from such date as may be specified in the notification, and
thereupon the Air Transport Council shall be deemed to be dissolved, accordingly.]
[a] Section renumbered as sub-section (1) and in the subsection so renumbered the words As
soon as may be after the commencement of this Act, the Central Government may cause to be
constituted substituted by the Air Corporations (Amendment) Act, 1962 (17 of 1962), S. 3 (303-1962).
[b] Inserted, ibid, S. 3 (30-3-1962).
31.Functions of the Air Transport Council. (1) It shall be the duty of the Air Transport Council
to consider (a) at the request of either of the Corporations any matter of the kind referred to in
section 38; and (a) any matter of importance which may be referred to it by the Director-General
of Civil Aviation or the Director-General of Posts and Telegraphs relating to matters of common
interest, between either of the Corporations and the Director-General of Posts and Telegraphs,
including rates for the carriage of postal articles by air, and to make recommendations there on to
the Central Government.
2. At the request of the Central Government, the Air Transport Council shall investigate any
matter relating to the fares, freight rates or other charges levied by either Corporation in respect
of any service or facility provided by the Corporation and of the adequacy or efficiency of such
service or facility and shall make recommendations there on to the Central Government. (3) The
Council shall, if so required by the Central Government, tender advice to that Government in
regard to financial and economic analysis, accounting, costing and statistical techniques and
financial reporting relating to air transport and, in particular, advise in regard to the matter
117

specified in the proviso to subsection (2) of section 34. (4) The Central Government, after taking
any recommendation made by the Air Transport Council under this section into consideration,
may issue such directions in the matter as it thinks fit and such directions shall be binding on the
Corporation concerned.
32. Staff of the Council The council shall have a Secretary and such other employees as the
Central Government may appoint, and the expenditure on the staff and other charges of the
Council shall be borne by the Central Government.
33. Proceedings of the Council (1) The Council shall regulate its own procedure. (2) No
proceedings of the Council shall be deemed to be invalid by reason merely of any vacancy in, or
any defect in the constitution of, the Council.
CHAPTER VI: CONTROL OF CENTRAL GOVERNMENT
34. Power of Central Government to give directions. (1) The Central Government may give to
either of the Corporations directions as to the exercise and performance by the Corporation of its
functions, and the Corporation shall be bound to give effect to any such directions. (2) The
Central Government may, if it is of opinion that it is expedient in the national interest so to do,
after consultation with the Corporation concerned, direct either of the Corporations(a) to undertake any air transport service or other activity which the Corporation has power to
undertake;
(b) to discontinue or make any change in any scheduled air transport service or other activity
which it is operating or carrying on;
(c) not to undertake any activity which it proposes to do:
Provided that, if, at the direction of the Central Government, the Corporation establishes, alters
or continues to maintain an air transport service or other activity and satisfies the Central
Government that during the relevant financial year the Corporation has suffered an over-all loss
in respect of the operation of all its air transport services and of all its other activities and also
that the service or activity so established, altered or continued to be maintained in compliance
with the directions of the Central Government as aforesaid has been operated at a loss in any
118

financial year, then the Central Government shall reimburse the Corporation to the extent of the
loss relatable to the operation of that particular service or activity.
35.Prior approval of Central Government necessary in certain cases. Neither Corporation shall,
without the previous approval of the Central Government(a) undertake any capital expenditure for the purchase or acquisition of any immovable property
or aircraft or any other thing at a cost exceeding a[ such amount as the Central Government may,
from time to time, by order, fix in this behalf.]
(b) enter into a lease of any immovable property for a period exceeding b[ ten years] or
(c) in any manner dispose of any property, right or privilege having an original or book value
exceeding a[ such amount as the Central Government may, from time to time, by order, fix in this
behalf].
[a] Substituted for the words rupees forty lakhs in cl.(a) and the words rupees ten lakhs in cl.
(c) by the Air Corporations (Amendment) Act (24 of 1982), S.2)(i) and (ii) (21-5-1982).
[b] Substituted for the words five years by the Air Corporations (Amendment) Act (49 of
1971), S.8(1-2- 1972).
36.Submission of programme of work for each year.- (1) Each of the corporations shall prepare
and submit to the Central Government, not less than a[two months] before the commencement of
the financial year of the Corporation a statement showing the programme of operation and
development of air transport services to be operated by the Corporation and its associates during
the forthcoming financial year and its other activities as well as its financial estimate in respect
thereof, including any proposed investment of capital and increase in the strength of its total
staff. (2) If, during any financial year, either of the Corporations engages or proposes to engage
in any air transport service or ancillary activity in addition to those specified in the prgramme
previously submitted under sub-section (1) and a substantial alteration of the financial estimates
is likely to be involved thereby, the Corporation shall submit to the Central Government for
approval a supplementary programme of such service activity and a supplementary estimate of
the expenditure and revenue to be incurred and received by the Corporation in respect thereof
during the remainder of that period: Provided that, to meet any unexpected traffic demand or
119

other special situation either of the Corporation may undertake any additional service or other
ancillary activity not specified in the programme submitted under sub-section (1) or sub-section
(2) and subsequently submit a report on the matter to the Central Government in the prescribed
manner.
(a) Substituted for the words three months by the Air Corporations (Amendment) Act, 1962(17
of 1962), S.4 (30-3-1962).
37.Submission of Annual Report to Parliament. (1) Each of the Corporations shall, as soon as
may be after the end financial year, prepare and submit to the Central Government, in such form
as may be prescribed a report giving an account of its activities during the previous financial
year, and the report shall also give an account of the activities, if any, which are likely to be
undertaken by the Corporation during the next financial year. (2) The Central Government shall
cause every report to be laid before both Houses of Parliament as soon as may be after it is
submitted.

CHAPTER VII MISCELLANEOUS

38.Corporations to act in mutual consultation. It shall be the duty of each of the Corporations
to enter into consultations with the other in matters of common interest to the two Corporations
including, in particular, the operation of scheduled air transport services, the routes on which
such services should be operated by each of the Corporations, the frequency of such services, the
passenger fares and freight rates to be charged, the measures of economy to be adopted, the
provision of any services in regard to over-haul and maintenance of aircraft or any other matter
falling within the scope of the functions of either of the Corporations, and, generally, in regard to
ensuring the fullest co-operation and coordination in respect of all such matters.
39. Transfer of scheduled air transport services or assets from one Corporation to the other The
Central Government may, for the purpose of improving the air transport services provided by
either of the Corporations or for effecting better co-ordination in respect of such services, direct
that with effect from such date as may be specified in the direction and subject to such conditions
as may be similarly specified,
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(a) any scheduled air transport service operated by one Corporation shall no longer be operated
by that Corporation but shall be operated by the other Corporation, and
(b) any property belonging to one Corporation shall be transferred to the other Corporation.
40.Corporation may delegate their powers (1) Each of the Corporations may appoint a
Committee or Committees consisting of some or any of its a[directors] with or without the
addition of any officer or employee of the Corporation and delegate any of the functions and
powers of the Corporation to such Committee or Committees and may limit the exercise of such
delegated authority to any specified area. (2) Either of the Corporations may, in relation to any
particular matter or class of matters or to any particular area, by general or special order, direct
that any of its officers or other employees may also exercise all or any of its powers under this
Act (except the powers given to it by this section) to the extent to which the Corporation deems it
necessary for the efficient running of its day to day administration.
[a] Substituted for the word member by the Air Corporations (Amendment) Act (49 of 1971),
S. 9 (1- 2-1972).
41.Advisory and Labour Relations Committees a[* * *] Each of the Corporations shall
constitute in the prescribed manner a Labour Relations Committee consisting of representatives
of the Corporation and of its employees, so however, that the number of representatives of the
employees on the Committee shall not be less than the number of representatives of the
Corporation, and it shall be the duty of Labour Relations Committee to advise the Corporation on
matters which relate to the welfare of the employees or which are likely to promote and secure
amity and good relations between the two.
[a] Sub-section "(1)" and the brackets and figure "(2)" omitted by the Air Corporations
(Amendment) Act (49 of 1971), S. 10(1-2-1972)
42. Meetings of the Corporation. (1) Meetings of the Corporation shall be held at such times
and places and, subject to subsections (2) and (3), the proceedings of the Corporation shall be
conducted in such manner as may be provided by the regulations. (2) The Chairman or in his
absence any person chosen by the a[directors] present from amongst themselves shall preside at
the meeting. (3) At a meeting of the Corporation all questions shall be decided by a majority
121

votes of the a[directors] present, and for this purpose, each a[director] shall have one vote and in
the case of equality of votes the Chairman or; in his absence, the person presiding at the meeting
shall have a second or casting vote.
[a] Substituted for the word members in Cls. (2) and (3) and members in Cl. (3) by the Air
Corporations (Amendment) Act 49 of 1971, S. ll (1-2-1972).
43. Penalty for wrongful withholding of property If a director, managing agent, manager or
other officer or employee of an existing air company who wilfully withholds or fails to deliver to
the Corporation as required by sub-section (2) of section 21 any books, documents or papers
which may be in his possession or who wrongfully obtains possession of any property of any
such company which has vested in either of the Corporations under this Act or having any such
property in his possession wrongfully withholds it from the Corporation or wilfully applies it to
purposes other than those expressed in, or authorised by, this Act shall on the complaint of the
Corporation concerned, be punishable with fine which may extend to one thousand rupees and
may be ordered by the Court trying the offence to deliver up or refund within a time to be fixed
by the Court any such property improperly obtained or wrongfully withheld or willfully
misapplied or in default to suffer imprisonment which may extend to one year.
44.Power to make rules The Central Government may, by notification in the official Gazette,
make rules to give effect to the provisions of this Act. (2) In particular, and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of the following
matters, namely:
(a) the terms and conditions of service of the a[managing directors] of the two Corporations; and
such other categories of officers as may be specified from time to time under sub-section (1) of
section 8;
(b) the form in which the budget of the two Corporations shall be prepared and submitted to the
Central Government; and the form and the manner in which the accounts of the two Corporations
shall be maintained and in which any returns or statistics shall be furnished or submitted;
(c) the reports which should be submitted by the Corporations and the intervals within which
they should be so submitted;
122

(d) the maintenance of books of accounts;

(e) the establishment and maintenance of a fund by each of the Corporations for meeting any
liability arising out of any act or omission in respect of which the Corporation may incur any
liability to any third party;
(f) the provision of b[* *] reserve and other funds;
(g) the prohibition of persons who are directly or indirectly interested in any subsisting contract
with either of the Corporations from becoming or being employees of the Corporation;
(h) the powers which may be exercised by either of the Corporations to facilitate the acquisition
of any undertaking;
(i) the issue of bonds by either of the Corporations to meet any compensation payable by it under
this Act;
(j) the training of the employees of either of the Corporations or other persons and fees which
may in its discretion be charged therefor;
(k) the term of office and other conditions of service of members of the Air Transport Council
constituted under section 30;
(l) the prohibition of any interference with any air transport services or with any property of the
Corporation or of any interference with or obstruction of any officer or employee of the
Corporation in the performance of his duty;
(m) the punishment which shall not exceed imprisonment for three months or fine of rupees one
thousand but which may consist of both such imprisonment and fine, in respect of any
contravention of the provisions of any rules made under this section.
c[(3) Every rule made under this section 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 d[two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions] both Houses agree in
making any modification in the rule or both Houses agree that the rule should not made, the rule
123

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.]
[a] Substituted for the words General Managers by the Air Corporations (Amendment) Act (49
of 1971), S. 12(1-2-1972).
(b) Word depreciation omitted, Ibid.
[c] Substituted for the original by the Air Corporations (Amendment) Act, 1962 (17 of 1962), S.
5 (30-3-1962).
[d] Substituted for the words two successive sessions, and if before the expiry of the session in
which it is so laid or the session immediately following by the Air Corporation (Amendment)
Act (24 of 1982), S.3 (21- 5-1982)
45.Power of Corporations to make regulations (1) a[Subject to the provisions of sub-section
(3), each of the Corporations may] by notification in the Official Gazette, make regulations not
inconsistent with this Act or the rules made thereunder for the administration of the affairs of the
Corporation and for carrying out its functions. (2) In particular and without prejudice to the
generality of the foregoing power, any such regulations may provide for all or any of the
following matters, namely:
(a) the time and place of the meetings of the Corporation and the procedure to be followed for
the transaction of business at such meetings;
(b) the terms and conditions of service of officers and other employees of the Corporation other
than the c[managing director] and officers of any other categories referred to in section 44;
(c) the issue of passes by the Corporation to its officers and other employees either free of cost or
at concessional rates for travel on its air services and the conditions relating thereto;
(d) the authentication of orders and decisions of the Corporation and the instruments executed
by, it;

124

d[(e) the grant of refund in respect of any unused tickets and the issue of passes free of cost or at
concessional rates;]
(f) the period after the expiry of which unclaimed goods may be disposed of and the manner of
their disposal;
(g) the conditions governing the carriage of persons or goods on its services.
e[(3) No regulation under clause (b) of subsection (2) shall be made except with the previous
approval of the Central Government.] f[(4) Every regulation made under this section 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
regulation or both Houses agree that the regulation should not be made, the regulation 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 regulation.
(a) Substituted by the Air Corporations (Amendment) Act 49 of 1971, S.13(1-2-1972).
(b) For some such Regulations, see S. R. O. 2462 to 2464 in Gaz. Ind., Extra., 29-7-1954, Pt. II,
Section 3, pages 1169 to 1171; for International Carriage of Cargo (other than Baggage and
Mail) Regulations, 1973 and International Carriages (Passenger and Baggage) Regulations,
1973, see Gaz. of India, 1973, Pt. II, Section 4, pp. 1674-1675; (these Regulations supersede
Indian Airlines (Conditions of Carriage) Regulations, 1967).
(c) Substituted for the words General Manager by the Air Corporations (Amendment) Act (49
of 1971) Section 13(1-2-1972).
(d) Substituted for the original clause (e) by the Air Corporations (Amendment) Act 1962 (17 of
1962). S.6(30-3-1962).
(e) Inserted by the Air Corporations (Amendment) Act (49 of 1971), S.13(1-2-1972).
(f) Inserted by the Air Corporations (Amendment) Act (24 of 1982), S.4(21-5-1982).
125

THE SCHEDULE
PRINCIPLES FOR DETERMINING
COMPENSATION UNDER THIS ACT
Paragraph I. - The compensation which shall be given by Indian Airlines or Air India
International, as the case may be, to any existing air company in respect of the vesting, in
accordance with the provisions of this Act, of the undertaking of such company in that
Corporation shall be the sum of the amount computed in accordance with the provisions of
paragraph II, less the sum of the amounts computed in accordance with the provisions of
paragraph III.
Paragraph II. The aggregate written down value of all airframes of aircraft in respect of which
there are certificates of airworthiness in force or, which can be rendered fit for certificates of
airworthiness if the Corporation concerned were to incur expenditure within the normal rates for
rendering the airframes airworthy, plus- A sum of Rs. 12,000 in respect of each airframe of a
Dakota aircraft and a sum Rs. 24,000 in respect of each airframe of a Viking aircraft in any case
where the existing air company had obtained a certificate of airworthiness in respect of it within
ninety days immediately proceeding the appointed date or if a certificate of airworthiness had not
actually been obtained within that period but the existing air company had incurred expenditure
within that period for the purpose of rendering that airframe airworthy, the value, of the spare
parts used for the purpose subject to a maximum of Rs. 12,000 in case of each airframe of a
Dakota aircraft and Rs.24,000 in the case of each airframe of a Viking aircraft.
NOTE.- In this Schedule, the expression airframe includes also the equipment of the aircraft,
whether fixed or removable; (b) the aggregate written down value of all such power plants,
aeroengines, air screws, spare aeroengines and spare air screws (all of which are in this Schedule
collectively referred to as power plants) as are suitable for use in the airframes mentioned in subclause (a) and as are of an approved standard or can be rendered fit to be of an approved standard
if the Corporation concerned were to incur expenditure within the normal rates for such
purposes, plus the following, namely:-

126

(i) a sum of Rs. 6,000 in respect of each engine of a Dakota aircraft and a sum of Rs. 12,000 in
respect of each engine of a Viking aircraft in any case where the existing air company had made
it an approved engine within a period of ninety days immediately proceeding the appointed date
or if the engine had not been made completely fit to be an approved engine within that period but
the existing air company had incurred expenditure within the said period for the purpose of
making that engine an approved engine, then, the value of the spare parts used for that purpose
subject to a maximum of Rs. 6,000 in the case of each engine of a Dakota aircraft and Rs. 12,000
in the case of each engine of a Viking aircraft; and
(ii) a sum of Rs. 2,000 in respect of the air screws and accessories of the power plant of a Dakota
aircraft and a sum of Rs. 4,000 in respect of the air screws and accessories of the power plant of
a Viking aircraft in any case where the air screws and accessories had been rendered completely
fit for the approved standard within a period of ninety days immediately preceding the appointed
date or if the same had not been rendered completely fit for that standard within that period but
the existing air company had incurred expenditure within that period for the purpose of rendering
the same fit for the approved standard, then the value of the spare parts used for that purpose
subject to a maximum of Rs. 2,000 in the case of air screws and accessories of a Dacota aircraft
and Rs. 4,000 in the case of air screws and accessories of a Viking aircraft.
NOTE.- In this Schedule, the expression approved standard means such condition of efficiency
of the power plant as satisfies the requirements laid down in Section E of Schedule III to the
Indian Aircraft Rules, 1937; (c) the cost or purchase of all serviceable general stores and all such
other serviceable stores and spares parts (all of which are in this Schedule collectively referred to
as stores and spare parts) belonging to the existing air company as are suitable for use in respect
of the aircraft or power plants referred to in subclauses (a) and (b), reduced in each case by 20
per cent, of such case of purchase: Provided that the reduction shall be 10 per cent, in the case of
stores and spare parts pertaining to Constellation and Skymaster aircraft.

NOTE- In this Schedule- (a) stores shall be deemed to be serviceable if they are such as to satisfy
the requirements laid down in Section E of Schedule III to the Indian Aircraft Rules, 1937; (b)
without prejudice to the clause immediately proceeding stores (other than general stores) and
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spare parts shall also be deemed to be serviceable if by incurring expenditure of an amount not
exceeding half the costs of purchase of such stores and spare parts, they can be rendered suitable
for use in respect of the aircraft or power plants; (d) the aggregate actual cost to the existing air
company of all lands other than lease-holds; (e) the total amount of the premiums paid by the
company in respect of all lease-holds reduced in the case of each such premium by an amount
which bears to such premium the same proportion as the expired term on the appointed date of
the lease in respect of which such premium shall have been paid bears to the total term of the
lease; (f) the scrap value of all such aircraft, power plants, propellers and the accessories, spare
parts and stores, not falling within any of the preceding sub-clauses and all properties as have
become obsolete on the appointed date, the scrap value for the purposes of this Act being one per
cent of the book value of the relevant item of property;
(g) the price paid by the existing air company for any trustee security held by it; (h) the value of
any shares held by any existing air company in any other existing air company the value being
calculated on the basis of the valuation of the air transport undertaking of that other company in
accordance with the provisions of this Schedule; (i) the market value on the appointed date orthe
purchase price, whichever is less, of any other investments held by any existing air company in
any concern other than another existing air company which subject to the provisions of Section
22, have vested in the Corporation; (j) the amount of cash held by any existing air company on
the appointed date whether in deposit with a bank or otherwise; (k) the amount of debts other
than bad debts due to any existing air company, to the extent to which they are reasonable
considered to be recoverable, less the amount of the debts, if any, excluded from the transfer to
the Corporation concerned under the provisions of Section 22; (l) the aggregate cost of all
licence fees paid by the company under clause (c) of subrule (1) of Rule 154 of the Indian
Aircraft, 1937, in respect of the licences granted to it for the operation of any scheduled air
transport services and held by it on the appointed date and which but for the provisions of section
19 would continue to remain valid plus a sum of Rs. 100 for each such licence; provided that the
fees paid for each such licence shall be reduced by an amount which bears to such fees the same
proportion as the period of the licence which shall have expired on the appointed date bears to
the total period of the licence;

128

(m) the aggregate written down value of all tangible assets other than those falling within the
preceding clauses; (n) an aggregate amount not exceeding ten thousand rupees as may be agreed
upon between the Corporation and the existing air company concerned or, failing agreement,
which may be assessed by the Tribunal, in respect of all such assets, intangible or otherwise, as
do not fall within any of the preceding sub-clauses and in respect of the loss of any future profits
which the existing air company might have earned but for the passing of this Act: Provided that
in assessing any amount under this clause regard shall be had to the following circumstances,
namely:(i) the profits, if any, earned by it annually during the six years immediately proceeding the
appointed date on which income-tax has been paid,
(ii) the subsidies, if any, given to that company by the Central Government during such period,
and
(iii) the probability or otherwise of the company earning future profits if it were allowed to
continue its scheduled air transport services for the remaining period of the licence held by it
after having due regard to the fact that the licence held by it did not confer any monopoly upon it
in respect of the routes concerned and the fact that no subsidy would have been payable by the
Central Government after the 31st day of December, 1952.
Explanation A. For the purpose of this Schedule, the written down value in respect of each
class of assets means the actual cost to the existing air company of such assets respectively, less
the total depreciation calculated at the rates and in manner following, namely:(i) in respect of each airframe, depreciation shall be calculated at 15 percent per annum for
constellation and Skymaster aircraft and 18 percent per annum for other aircraft from the date on
which the aircraft concerned was first used in revenue operations by the company till the 31st
day of December, 1952, the rates being applied as follows :for the first year, on the actual cost of acquisition;
for the second year, on an amount obtained by reducing from the actual cost of acquisition the
amount of depreciation calculated as aforesaid for the first year;

129

for the third year, on an amount obtained by reducing from the actual cost of acquisition the
aggregate amount of depreciation calculated as aforesaid for the preceding two years ; and so on;
(ii) in respect of power plants, the depreciation shall be calculated at 20 per cent. per annum for
Constellation and Skymaster aircraft and at 24 per cent. per annum for other aircraft from the
date on which the power plant concerned was first used in revenue operations by the company
till the 31st day of December, 1952, the rates being applied as follows:for the first year, on the actual cost of acquisition;
for the second year, on an amount obtained by reducing from the actual cost of acquisition the
amount of depreciation calculated as aforesaid for the first year;
for the third year on an amount obtained by reducing from the actual cost of acquisition the
aggregate amount of depreciation calculated as aforesaid for the preceding two years; and so on;
(iii) in respect of all tangible assets falling within clause (m) of paragraph II, depreciation shall
be calculated at the normal annual rates for which provision is made in the Indian Income-tax
Act, 1922, and in the manner provided therein, but excluding initial or other special depreciation,
from the date such assets were acquired or created by the existing air company until the 31st day
of December, 1952: Provided that in respect of any such asset for which no provision has been
made in the Indian Income-tax Act, 1922, the rate of depreciation shall be 10 per cent, per
annum: Provided further that in respect of any such asset situate on the leasehold land other than
land rented from Government, the depreciation shall be either (a) as provided in the proceeding provisions of this clause, or (b) equivalent to an amount which
bears the same ratio to the total cost of acquisition or creation of the asset (situate on leasehold
land) as the expired portion of the lease on the appointed date bears to the total period of the
lease currently running, whichever is greater.
Explanation B. For the purpose of this Schedule, the actual cost shall include, in the case of
airframes, in addition to the cost of purchase or acquisition- (i) the actual expenditure, if any,
incurred by the existing air company for reconversion or reconstruction of the airframe in order
to render it fit for civil air transport before it was first used in revenue operations by the

130

company, plus, (ii) the actual expenditure incurred in making the airframes airworthy before its
first use in revenue operations.
Explanation C. In the case of power plants, the actual cost shall include, in addition to the cost
of purchase or acquisition, the cost incurred by the company for conversion or reconditioning,
repairing or overhauling the power plant, in order to render its fit for the purposes of a certificate
under paragraph 4 of section E of Schedule III to the Indian Aircraft Rules, 1937, before the date
of its first use in revenue operations.
Paragraph III. Subject to the provisions of sections 22 and 23, all such liabilities as have been
declared by the existing air company under the provisions of section 22: Provided that if any
liability so declared has been understated, the Corporation may recover the additional amount
from the company.

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UNIT IV

CHAPTER 7: CIVIL AVIATIONREQUIREMENTS (CAR)

PART I
1. INTRODUCTION
Section 4 of the Aircraft Act, 1934 enables the Central Government to make rules to implement
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. Section 5A of the said Act empowers the
Director General to issue directions for securing the safety of aircraft operations. Rule 29C of the
Aircraft Rules 1937 enables DGCA to lay down standards and procedures not inconsistent with
the Aircraft Act, 1934 and the rules made there under to carry out the Convention and any Annex
thereto referred to above. Finally in accordance with rule 133A of the Aircraft Rules, 1937, the
Director General may issue, interalia, Civil Aviation Requirements not inconsistent with the
Aircraft Act, 1934 and the rules made there under.
While the broad principles of law are contained in the Aircraft Rules, 1937, Civil Aviation
Requirements are issued to specify the detailed requirements and compliance procedures so as to
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a) fulfil the duties and obligations of India as a Contracting State under the convention relating to
International Civil Aviation signed at Chicago on the 7th day of December, 1944.
b) standardize and harmonize the requirements taking into account the rules and regulations of
other regulatory authorities.
c) implement the recommendations of the Courts of Inquiry or any other committee constituted
by the Central Government/ Director General.
d) To address any other issues related to safety of aircraft operations as may be considered
necessary by the Director General.
This CAR describes the procedure for issue and revision of Civil Aviation Requirements and
their dissemination to various organizations and is issued under rule 133A. This CAR cancels
AIC 4 of 2001.

2. PROMULGATION OF CIVIL AVIATION REQUIREMENTS

2.1 The Civil Aviation Requirements (CARs) are promulgated under the following sections:Section 1 General
Section 2 Airworthiness
Section 3 Air Transport
Section 4 Aerodrome Standards and Licensing
Section 5 Air Safety
Section 6 Design standards and Type Certification
Section 7 Flight Crew Standards, Training and Licensing
Section 8 Aircraft Operations
Section 9 Air Space and Air Traffic Management
Section 10 Aviation Environment Protection
Section 11 Safe Transport of Dangerous Goods by Air
3. PROCEDURE FOR PROMULGATION OF CAR

133

3.1 Civil Aviation Requirements under various sections are issued bearing different series
identified by alphabetical letters, namely Series A, B, C etc. and under the same Series, various
Parts are issued, such as Part I, II, III, etc. Details of the Series are given in the Annexure.
3.2 Every existing and new CAR shall have an office file maintained by the concerned
directorate and the file number shall be indicated at the top right hand corner of the CAR. Any
amendment in future shall be processed on the same file.
3.3 The first page of the CAR shall indicate the Section, Series, Part and date of issue along with
the date of applicability. Subsequent pages shall indicate the date of issue only.
3.4 Whenever a change/revision is affected to a CAR, it shall be termed as revision and the
revision number along with date of revision and effective date of revised CAR shall be indicated
on the first page of the CAR and also on the concerned pages. Consequently, the revision number
and date of revision shall be reflected only on such pages, which are affected by the revision.
Pages, which have not been affected by any revision, shall contain initial date of issue/revision
only.
3.5 Every revision shall be accompanied by a Revision Notice, which shall indicate the pages
affected and the justification for the revision. The Revision Notice shall be filed along with the
revision CAR in the folder.
3.6 Whenever there is a major change/ revision, the Revision Notice shall indicate that the CAR
has undergone a major revision and is issued in the form of new edition. All revisions to the
CAR shall be indicated by a sideline on the left side of the affected pages indicating the change/
revision to the CAR.
4. Whenever a new CAR or revision to the existing CAR is proposed to be issued, the draft of the
proposed CAR/revision shall be posted on DGCA website or circulated to all the persons likely
to be affected thereby for their objections/ suggestions. The objections/ suggestions received
within the stipulated period of 30 days or less as may be determined by Director General shall be
analysed and if found acceptable shall be incorporated in the proposed CAR before
promulgation. DGCA may also arrange meetings with the Civil Aviation industry for discussions
on the draft CAR before finalisation/promulgation.
5 Every direction issued by DGCA in the form of CARs shall be complied with by the person or
organization to whom such direction is issued. Non- compliance with the provisions of the CAR
shall attract penalty as provided in Schedule VI of the Aircraft Rules, 1937.
134

6 It shall be the responsibility of each operator, owner, organization and service provider to
ensure wide publicity of the CARs amongst its personnel and also ensure that the implementation
procedures for the requirements are duly reflected in the related Manuals required as per the
applicable Rules and Civil Aviation Requirements. The regional offices of DGCA shall monitor
the compliance by all affected organisations and submit a report to the Headquarters with in three
months of the date of applicability.
Details of Series in a CAR
The various sections of a CAR may consist of subsections (Series) covering the subjects as
mentioned hereunder:
Section 1: General
Series A Scope and Extent
Section 2: Airworthiness
Series A Scope and Extent
Series B Approval of Cockpit Check list, MEL, CDL
Series C Defect Recording, monitoring, Investigation and Reporting
Series D Aircraft Maintenance Programme
Series E Approval Organizations
Series F Airworthiness and Continued Airworthiness
Series H Requirements of Aircraft Fuel, Refueling of Aircraft and
Calibration of Aircraft Fuels
Series I Aircraft Instrument, Equipment and Accessories
Series L Aircraft Maintenance Engineer Licensing
Series M Mandatory Modification and Inspections
Series O Operational Requirement for Aircraft
Series R Airborne Communication, Navigation and Radar
Series S Storage of Aircraft Parts
Series T Flight Testing of Aircraft
Series X Miscellaneous Requirements
Section 3: Air Transport
Series A Scope and Extent
135

Series B Operations Manual Requirements and Approval

Series C Air Operators Certification Procedure and Requirements
Series D Operations to Defence Airfields
Series E Operations to Aerodromes which are not in regular use
Series F Clearance of Aircraft Transiting through Indian Air Space
Series G VVIP/VIP Flights
Series H Export Cargo Flights
Series I Operation of Tourist Charter Flights
Series J Air Transport Statistics
Series K Tariff Regulations
Series L Carriage of Dangerous Goods
Series M Passenger Facilitation
Series X Miscellaneous
Section 4: Aerodrome Standards and Licensing
Series A Scope and Extent
Series B Aerodrome Facilities
Series F Aerodrome Licensing
Series X Miscellaneous
Section 5: Air Safety
Series A Scope and Extent
Series B Procedure of Reporting Accident/Incident
Series C Proceure for Accident/Incident Investigation
Series D Bird Strike incidents
Series E Airmiss & ATC incidents
Series F Prevention of Accidents/incidents
Series G Safety Audit and inspection
Series X Miscellaneous
Section 6: Design Standards and Type Certification
Series A Scope and Extent
Series B Airworthiness Standards Design
Series C Airworthiness Standards Transport Category Aircraft
136

Series D Airworthiness Standards Normal, Utility and Aerobatic

Category Aircraft
Series E Airworthiness Standards Rotorcraft
Series F Procedure for Type Approval of Products Parts and Materials
Series G Test Procedure
Series X Miscellaneous
Section 7: Flight Crew Standards, Training and Licensing
Series A Scope and Extent
Series B Syllabus and Schedule for Examination of Subjects for issue of Licences and Ratings
Series C Medical Standards and Examination
Series D Training Organizations
Series E Flying Training
Series F Skill/Proficiency Checks
Series G Issue of Licence and Rating
Series H Renewal of Licence and Rating
Series I Appointment/Approval of Assistant Flight instructor, Flight Instructor, Flight Instructor
Incharge, Chief Flight Instructor, Check Pilot, Instructor, Examiner, Flight Inspector
And Chief Flight Inspector
Series J Flight and Duty Time Limitations
Series K Flight Inspection
Series X Miscellaneous
Section 8: Aircraft Operations
Series A Scope and Extent
Series B IAL Procedures and Approval
Series C Aerodrome Operating Minima Series X Miscellaneous
Section 9: Air Space and Air Traffic Management (ATM)
Series A Scope and Extent
Series B Approval of Facilities and Services
Series C Rules of the Air
Series D Navigation, Landing and Communication Aids
Series E Air Traffic Services
137

Series G Aeronautical Charts

Series I Aeronautical Information Services
Series L ATCO Licensing
Series M Meteorology
Series R Air Routes
Series S Search and Rescue
Series X Miscellaneous
Section 10: Aviation Environment Protection
Series A Scope and Extent
Series B Emissions
Series C Noise
Series X Miscellaneous
Section 11: Safe Transport of Dangerous Goods(DG) by Air
Series A Scope and Extent
Series B Carriage of Dangerous Goods
Series C Approval of Dangerous Goods Training Programme
Series D Surveillance of Dangerous Goods Programme
Series X Miscellaneous
PART II
Convention relating to International Civil Aviation signed at Chicago on the 7th day of
December, 1944, (Chicago Convention) and its Annexes relating to international standards and
recommended practices (SARPs) define many terms and expressions. This CAR is issued, under
the provisions of Rule 29C of the Aircraft Rules, 1937, to adopt these definitions as standards
definitions.
PART III
A large number of personnel working in Indian Air Force, Indian Navy and Aviation Wing of
Army have been trained as pilots, navigators, maintenance engineers/technicians, Air Traffic
Controllers, etc. Such personnel have acquired expertise in the relevant fields. These personnel
retire from the defence departments at a comparatively young age. However, their expertise and
services cannot be gainfully used in the civil aviation sector, as they do not meet the
138

requirements specified in the Aircraft Rules for grant of civil licences. Due to this, the expertise
acquired by them goes unutilized. With the liberalization of the civil aviation sector, a number of
new operators have started operations, which has created demand for experienced pilots,
maintenance engineers and other categories of experienced aviation personnel.
This CAR lays down the procedure for training, examination and grant of licences to the Defence
personnel so that large number of serving Defence personnel can acquire civil licences issued by
DGCA while in service.
PART IV
1.1 Rule 3B of the Aircraft Rules, 1937 provides for appeals against the orders of the DGCA
officers. This rule is reproduced below: 3B. Appeals If any person is aggrieved by an order
passed by an officer in exercise of a power conferred on him by these rules or delegated to him
under rule 3A, he may prefer an appeal to the next higher officer within sixty days of the date of
the order.
SECTION 1 GENERAL
SERIES 'A' PART V: Regulatory Document Management System
Section 4 of the Aircraft Act, 1934 enables the Central Government to make rules to implement
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. Section 5A of the said Act empowers the
Director General to issue directions for securing the safety of aircraft operations. Rule 29C of the
Aircraft Rules 1937 enables DGCA to lay down standards and procedures not inconsistent with
the Aircraft Act, 1934 and the rules made thereunder to carry out the Convention and any Annex
thereto referred to above.
SERIES 'B', PART I : Units of Measurements to be used in air and ground operations.
Article 28 (Air navigation facilities and standard systems) of the Convention on International
Civil Aviation requires each contracting State to provide, in its territory, airports, radio services,
meteorological services and other air navigation facilities to facilitate international air
navigation, in accordance with the standards and practices recommended or established from
time to time, pursuant to this Convention. ICAO Annex 5 provides the Standards and
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Recommended Practices pertaining to the units and measurements to be used in Air and Ground
operations which are required to be adopted by the Contracting State. Accordingly, this CAR is
issued under the provisions of Rule 29C and Rule 133A of the Aircraft Rules, 1937.
SERIES 'B ' PART II : Exemption procedure for non-compliances with Aircraft Rules.
The provision of the Aircraft Rules, 1937 apply to, whole of India, and to persons on, aircraft
registered in India wherever they may be and also to, and to persons on, all aircraft for the time
being in or over India except otherwise specified. In consonance with the above, all persons/
aircraft are expected to comply with the rules/ regulations stipulated in the Aircraft Rules.
However, there may be situations wherein it may not be possible to comply with the regulations
because of exceptional circumstances, physical constraints, non-availability of specified
equipment etc. which may warrant exemption from the Aircraft rules. To cater to such
circumstances, Rule 160 of the Aircraft Rules, 1937 provides the Central Government the power
to exempt any aircraft, person or an organization from the operation of these rules, either wholly
or partially, subject to such conditions, if any, as may be specified in such order which may be of
a general or specific nature. In addition, the Director General and other officers of DGCA have
inherent or delegated powers under S.O. 726 and S.O. 727 for granting exemption from specific
provisos of the Aircraft Rules.
SERIES 'C' PART I : Establishment of a Safety Management System (SMS)
ICAO in its Annexes requires States to, as part of their safety programme, have the service
providers/ organizations engaged in commercial operations, maintenance of aircraft, aerodrome
operations, provision of air traffic services, design organizations, training to implement a safety
management system which is acceptable to the State. In compliance with the standards of
ICAO Annexes, various CARs specify the requirements for the establishment of SMS by an
organisation. This CAR specifies the minimum acceptable requirements for the establishment of
SMS in an organization. This CAR lays down the aviation safety-related processes, procedures
and activities for the establishment of Safety Management System (SMS) by an organization and
is issued in accordance with rule 133A of the Aircraft Rules, 1937.

140

SECTION 2 AIRWORTHINESS
Series A:

PROCEDURE

REQUIREMENTS

AND

FOR

ISSUE

RESPONSIBILITY

OF
OF

CIVIL

AIRWORTHINESS

OPERATOR

VIS-A-VIS

AIRWORTHINESS DIRECTORATE
Series B

APPROVAL OF COCKPIT CHECK LIST, MEL, CDL

SERIES 'B', PART I : Minimum Equipment List (MEL)

Sub rule (5) of rule 60 of the Aircraft Rules, 1937 interalia states that no aircraft shall be released
for flight with defects/ damage unless these are covered in the approved deficiency list/
Minimum Equipment List (MEL). All Scheduled, Nonscheduled and General Aviation operators
shall prepare MEL on the basis of Master Minimum Equipment List (MMEL) issued by the State
of design/ manufacture. This part of Civil Aviation Requirements specifies the procedure for
framing, approval and the use of the acceptable deficiency list (MEL) for aircraft engaged in
scheduled, non-scheduled and general aviation operations. This CAR is issued under the
provision of Rule 133A of the Aircraft Rules, 1937.
SERIES 'C', PART I:

Defect Recording, Reporting, Investigation, Rectification and

Analysis.
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Rule 60 of Aircraft Rules 1937 lays the Maintenance and Certification standards required in
respect of civil registered aircraft. Sub rule 5 of the said rule states that no aircraft shall
commence any flight, if subsequent to the issue of a certificate in pursuance of this rule, it has
suffered any damage or revealed any defect, other than items covered in the approved list of
deficiencies, which would render the aircraft unsafe for flight and which would not, in
accordance with the ordinary aeronautical practice, be remedied by the pilot or crew. Rule 59 of
Aircraft Rules 1937 lays that a Major Defect in or Major Damage to an aircraft registered in
India shall be reported in the manner specified by DGCA. This part of Civil Aviation
Requirements specifies the manner in which defects in aircraft and aircraft components are to be
recorded,

reported,

investigated

and

analyzed

for

the

purpose

of

taking

timely

corrective/preventive action.

SERIES 'C' PART II t: Flight Report - Recording of IN-FLIGHT Instrument Reading and
Reporting of Flight Defect.
This part of CAR specifies the manner, in which the flight reports of a Public Transport Aircraft
are to be completed. In order to enable effective monitoring of aircraft and engine systems
functioning, and to ensure proper rectification of defects observed by the crew, during preflight
and post flight periods, flight reports are to be completed as per the procedure given below:Crew must record all parameter readings, as indicated by the respective instruments under the
appropriate columns of the approved flight reports including the AVM (Airborne Vibration
Monitoring) readings. These recordings should be made at least once in each sector of the flight,
under stabilised cruise conditions, and also in the event of emergency conditions of flight,
however, on flight sectors of short duration, where the aircraft is unable to obtain the stabilised
cruise conditions of flight, recording of parameter readings may be omitted, unless unusual
parameters are observed during climbs or descent phases. Defect observed by the crew, during
preflight, in-flight and post-flight periods must be entered in the relevant columns of the flight
report, giving full details of their observations, with relevance to parameter readings, where
applicable.
SERIES 'D', PART V: Maintenance of fuel and oil consumption records - Light aircraft
piston engines.
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This part of the CAR specifies procedure for maintenance of records of fuel and oil consumption
in respect of light aircraft piston engines. The owner/operator shall ensure that the records of fuel
and oil consumption are maintained and monitored periodically. The records for fuel/oil
consumption shall be maintained as per Appendix A.
CAR 145
Rule 133B of the Aircraft Rules 1937 stipulates that organisations engaged in the maintenance of
aircraft and aircraft components shall be approved. CAR 145 Rev.0 was introduced on 26th
January 2005 in order to harmonize requirements for approval of aircraft maintenance
organizations with that of international requirements, which was primarily based on EASA Part145 regulation. Since the initial issue of CAR 145, it has been revised from time to time to
synchronize with EASA Part- 145. CAR 145 Issue 02 dated 8th October 2013 is issued based on
latest Revision to EASA Part-145 and further SARI 145 Revision-1 Dated 15th November 2012.
This CAR is released after careful consideration of the comments received on the draft
and meetings and workshops held with the AMOs on the subject. This CAR is issued under the
provisions of Rule 133A of the Aircraft Rules 1937.
CAR M : CONTINUING AIRWORTHINESS REQUIREMENTS
Rule 50A of the Aircraft Rules 1937 stipulates the conditions necessary for a Certificate of
Airworthiness to remaining in force i.e. to keep the aircraft in a state of continued airworthiness.
This is ensured by issuing certificates of Airworthiness to an aircraft and subjecting the aircraft
to annual airworthiness review certificates (ARC). CAR-M specifies certain technical
requirements to be complied by organisations and personnel involved in the maintenance of
aircraft and aeronautical products, parts and appliances in order to demonstrate the capability and
means of discharging the obligations and associated privileges thereof. The CAR-M also
specifies conditions of issuing, maintaining, amending, suspending or revoking certificates
attesting such compliance. It is imperative that owners/operators and lessors/ lessees are aware of
their responsibility and accountability of keeping the aircraft in a continuing state of
airworthiness. This CAR lays down the requirements of continuing airworthiness and which are
harmonized with EASA Part M regulation. The CAR M is applicable to all operators of Indian
registered aircraft irrespective of whether such aircraft are maintained by their own organization
or by other approved maintenance organization. For organization operating aircraft, compliance
with this CAR is mandatory. The compliance will also depend upon the size of the organization.
143

The applicability will include private operators (General Aviation), flying training institutes state
governments etc.,
SERIES

'E',

PART

ISSUE

III

APPROVAL

OF

ORGANISATIONS

1.

INTRODUCTION:
a) Rule 133B of the Aircraft Rules 1937, lays down the requirements for grant of approval to
Organisation(s) engaged and specifies the standards to be followed by these organisation(s). b)
This CAR stipulates the general requirements, procedures and practices to be adhered to by
organisations seeking DGCA approval for Fuel Lubricants and Special products and Training
School. Organisation (s) seeking approval for manufacture, maintenance, continuing
airworthiness of civil aircraft, aircraft components, items of equipment shall meet the
requirements as specified in CAR-21, CAR-145, CAR-M respectively. c) Organisation/s engaged
in any one or more of the activities mentioned above shall perform so only after the grant of
Certificate of Approval and such organisations be called as Approved Organisations (AO)
meeting the requirements of this Series of the CAR. d) The approval when granted will apply to
the whole organisation having an Accountable Manager acceptable to DGCA. e) An
organisation, which is located within the territories of India, will be granted approval when it is
in compliance with this series of the CAR. f) An organisation that is located outside the
territories of India will only be granted approval if DGCA is satisfied that there is a need for such
approval and when in compliance with this series of the CAR. The approval to organisations is
based on the concept of Delegated system of responsibility. The approved organisation is
primarily responsible for adhering to the airworthiness safety requirements laid down by DGCA
for carrying out day-to-day activities in accordance with the scope of approval granted. The role
of DGCA is to carry out oversight of organisations activity with a view to detect any deficiency
in the system in adhering to standards and suggest appropriate corrective actions. This Civil
Aviation Requirement is issued under the provision of Rule 133A.
SERIES 'E' PART VI : Approval of Organisation - Category 'E'- Fuel, lubricants, and
Special petroleum product.
This part of the CAR Series 'E' specifies the requirements for the organisations engaged in
blending, storage, distribution of fuel in bulk, lubricants and special petroleum products.
Batch number : means the identification number allotted to a quantity of aviation fuel, lubricant
or special petroleum product which is considered as one lot for sampling and testing for
144

compliance with the relevant specification. Fuel, lubricant and special products organisation :
means an organisation approved to engage in the compounding, blending and distribution of
aviation fuels, lubricants or special petroleum products, including the "fuelling/defuelling" of
aircraft. Special Petroleum Products : means those fluids and compounds manufactured/prepared
to approved specification for use in aircraft. Petroleum in bulk : means petroleum contained in
receptacle exceeding 900 liters in capacity.
SERIES 'E', PART VIII : Approval of Organisations - Category 'G' - Training Institutes.
Rule 61 stipulates that for grant of Aircraft Maintenance Engineers (AME) licence, applicants
who have passed a course from DGCA approved institutes will be granted one year relaxation in
the total aeronautical maintenance experience required. It is, therefore, necessary that the
approved institutes provide a high standard of training to their students. This part of CAR deals
with the approval of Training Institutes under Rule 133B, for imparting ab- initio training to
students in the field of Aircraft Maintenance Engineering in the following streams , and
prescribes the minimum requirements for grant of approval and its continuity :(a) Mechanical stream (Aeroplane and Powerplants) -- comprising of Light Aeroplanes (LA),
Heavy Aeroplanes (HA), Piston Engine (PE) and Jet Engine (JE). (b) Mechanical stream
(Helicopters and Powerplants) -- comprising of Rotary Wing Aircraft (RA), Piston Engine (PE)
and Jet Engine (JE). (c) Avionics stream - comprising of Electrical System (ES), Instrument
System (IS) and Radio Navigation System (RN).
CAR 147: APPROVED MAINTENANCE TRAINING ORGANISATION (TYPE
TRAINING)
Rule 133B of the Aircraft rule 1937 stipulates that organizations engaged in the Aircraft type
training shall be approved. Subsequent to the release of CAR 66, on 1st December 2011, it was
essential to harmonize training requirements for type training organizations to international
standards. CAR 147 is based on EASA part 147. CAR-147 specifies the requirements to be met
by organizations seeking approval to conduct type training and examination as specified in CAR
66. The CAR 147 specifies conditions for issue, renewal, suspension and revocation of
certificates attached to the approval and privileges thereof. This CAR provides the technical
standards and guidelines for the approval of aircraft maintenance type training organizations.
CAR 147 for type training organizations is issued under the provision of Rule 133A, Aircraft
Rules 1937 and shall be applicable from 2nd October, 2014.
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Series F : AIRWORTHINESS AND CONTINUED AIRWORTHINESS

SERIES 'F' PART I : Procedures Relating to Registration/Deregistration of aircraft.
Rule 5 of the Aircraft Rules requires that no person shall fly or assist in flying any aircraft unless
it has been registered and bears its nationality and registration marks and the name and residence
of the owner affixed or painted thereon in accordance with Rule 37. Rule 30 of the Aircraft
Rules empowers the Central Government to register an aircraft and to grant a Certificate of
Registration in respect thereof. Rule 31 to 37A further describe the legislation with regard to
registration of aircraft, its cancellation and change of ownership, the Nationality and Registration
Marks and the manner in which they are to be affixed. This part of Civil Aviation Requirements
provides detailed requirements for registration of aircraft, which are in compliance with the
Aircraft Rules and ICAO Annex 7. It may be noted that the registration by the DGCA is for the
purpose of controlling the safety of aviation in India and it in no way establishes the legal
ownership of an aircraft. Disputes with regard to the ownership and liabilities of the owners, if
any, will have to be decided in a Court of Law.
SERIES 'F', PART III : Issue/ Validation and renewal of Certificate of Airworthiness.
Rule 50 of the Aircraft Rules, 1937 empowers the Director General of Civil Aviation (DGCA) to
issue/ renew or validate the Certificate of Airworthiness. Further, Rule 15 requires that all
aircraft registered in India possess a current and valid Certificate of Airworthiness (C of A)
before it is flown unless it is flown for the purpose of flight test in the close vicinity of an
aerodrome or the place of its departure. This CAR is issued under the provisions of Rule 133A of
the Aircraft Rules, 1937, for information, guidance and compliance by operators who are
importing the aircraft or acquiring aircraft manufactured in India and provides requirements for
the issue/ validation and renewal of C of A.
SERIES 'F' PART V : Suspension of Certificate of Airworthiness and its subsequent
revalidation.
Aircraft Rule 55(1) provides for automatic suspension of Certificate of Airworthiness of an
aircraft under the conditions mentioned therein. Rule 55(2) empowers the DGCA to suspend or
cancel the Certificate of Airworthiness whenever reasonable doubt exists as to the safety of an
aircraft or as to the safety of this type of which that aircraft belongs. This part of CAR specifies
the various conditions under which suspension of C of A can take place and its subsequent

146

revalidation. The Certificate of Airworthiness of an aircraft shall be deemed to be suspended

when an aircraft ceases or fails to conform with condition stipulated in the Type Certificate or C
of A, airworthiness requirements in respect of operation, maintenance, modification, repair,
replacement, overhaul, process or inspection applicable to that aircraft, or is modified or repaired
otherwise than in accordance with approved procedure, or suffers major/substantial damage
(which requires replacement or extensive repair of any major component), or develops a major
defect which would affect the safety of the aircraft or its occupants in subsequent flights.
SERIES 'F' PART VI: Rebuilding of Aircraft
Aircraft Rule 53 and 53A together prescribe the requirement regarding use of materials process
to be used during manufacture of aircraft and also the persons authorised to certify the
manufacture of aircraft while Rule 50 empowers the DGCA to issue/renew or revalidate the
Certificate of Airworthiness. This CAR lays down the detailed requirement for rebuilding of
aircraft which were damaged or purchased as wreckage from insurance companies or purchased
parts/spares from abroad. Only such aircraft will be permitted to be re-built which were earlier
typecertificated and had been flying with Certificate of Airworthiness and in respect of which
sufficient data regarding maintenance and performance standards are available.
SERIES 'F', PART VII: SPECIAL FLIGHT PERMITS
Sub Rule 3 of Rule 55 of Aircraft Rules 1937, states that no person may operate an aircraft
whose C of A has been suspended, or deemed to be suspended, or has become invalid, without
specific permission of the Director General of Civil Aviation. However, Sub Rule 4, of Rule 55,
empowers the Director General of Civil Aviation to issue special flight permits to an aircraft
under the above conditions. This part of CAR specifies the circumstances under which an aircraft
without valid /suspended /deemed to have suspended C of A, may be permitted to undertake
ferry flight and the procedure for issue of special flight permit or ferry flight permit. This CAR is
issued under the authority of Rule 133A of Aircraft Rules 1937.
SERIES 'F' PART XI : Control System - Duplicate Inspection Of.
This Part of Civil Airworthiness Requirements specifies the procedure for the duplicate
inspection of flying controls, engine controls and associated control systems, the failure of which
could jeopardize safety of the aircraft. Approved means approved by the Director General of
Civil Aviation. Authorised means authorised by the Director General of Civil Aviation. Flying
controls. The flying controls include the primary flight controls, tabs, tab flaps and air-brakes
147

etc., and the mechanism used by the pilot to operate them. In the case of helicopters, they include
the mechanism used by the pilot to operate the collective pitch, cyclic pitch, yawing and throttle
controls.
SERIES 'F' PART XII : Inspection of Wooden Aircraft.
The following instructions lay down the procedure to be followed in respect of the inspection of
wooden structures of aircraft and should be read in conjunction with the relevant aircraft
manuals, drawings and maintenance schedules, and should not be taken as overriding any
specific requirements contained in those documents.
SERIES 'F' PART XIII : Airworthiness Requirements for Gliders.
This part lays down the requirements for issue/renewal of Certificate of Airworthiness for
Gliders

and

for

maintaining

gliders

in

continued

state

of

airworthiness.

The

Operators/Organisations, engaged in maintenance, overhaul, inspection, repair of gliders and

glider components shall be responsible for maintaining the gliders in airworthy condition.
SERIES 'F' PART XIV t : Registration and Airworthiness of Microlight Aircraft.
This Civil Aviation Requirements is applicable to aircraft falling under the definition of
microlight aircraft, excluding hang gliders, powered hang gliders and para planes.
Single Seater Microlight aircraft means a fixed wing aircraft with maximum all up weight of not
exceeding 330 Kg. and a wing area not less than 10 sq. metres and which is designed to carry not
more than one person. Two seater microlight aircraft means a fixed wing aircraft with a
maximum all up weight of not exceeding 450 Kg. and a wing area not less than 10 sq. metres and
which is designed to carry not more than two persons. Microlight aircraft means a microlight
aircraft (single seater) and a microlight aircraft (two seater) and excludes hang gliders and para
planes.Permit to Fly' in relation to microlight aircraft means a document issued by the DGCA
authorising the flight of a microlight aircraft.
SERIES 'F', PART XV : Requirements for manufacture, registration and airworthiness
control of hot air balloons.
This part of the Civil Airworthiness Requirements lays down the requirements for manufacture,
registration, issue/ renewal of Certificate of Airworthiness and continuous maintenance of
manned free balloons. The persons engaged in maintenance/ overhaul/ inspection/ repair of the
balloons and the balloon components shall be licensed/ approved by the DGCA.
148

SERIES 'F', PART XVII : Pooling of Aircraft Parts by National Airlines of India with
foreign Airlines.
Airlines while operating Indian registered aircraft outside the country occasions may arise for
the airlines to utilise parts of similar aircraft from other airlines. Part pooling is a recognised
international practice and an airline enters into parts pooling agreement with other airlines
for utilising the parts, components for carrying out replacements of parts/ components on their
aircraft when operating outside India. This CAR details the procedure for parts pooling
between the various airlines.
SERIES F, PART XX : Age of Aircraft to be imported for Scheduled / Non-Scheduled
including Charter, General Aviation and other Operations.
Civil Aviation Requirements series F part III specifies the condition to be complied with by
operators before importing used aircraft. This part of the Civil Aviation Requirement lays down
the age criteria of aircraft to be imported for scheduled/ non-scheduled / charter and other
operations. For the purpose of this CAR other operations includes but not limited to use of
aircraft for State, Aerial work, private purpose and flying training activities.
SERIES `F' PART XXI :

Import/Export

of Aircraft, Spares, Items of

Equipment

etc. for use on aircraft.

Aircraft Act 1934 Para 5, interalia, empowers the Central Government to make rules regulating
the export/import of an aircraft for securing the safety of operation. The requirements for
import of aircraft are laid down by Director General of Foreign Trade, Ministry of Commerce
(DGFT), vide Public Notice No. 274 (PN)/92-97 dated 23.2.95. This part of the CAR specifies
the manner in which aircraft, aircraft spares, items of equipment may be imported and also
exported
which
Series H

and re-imported into India in the case

cannot

of

spares/items

of

equipment

be repaired/overhauled within the country.

REQUIREMENTS OF AIRCRAFT FUEL, REFUELLING OF AIRCRAFT

AND CALIBRATION OF AIRCRAFT FUELS

PART I : Unusable fuel supply-calibration of fuel quantity gauge of aircraft.
It is essential for the safe operation of aircraft that a continuous supply of fuel is available during
all its phases of flight. Due to various factors such as routing of the pipelines, shape of tank,
149

location of tank outlets and pumps etc. in most aircraft fuel systems a certain quantity of fuel will
not be available for use. The flying crew must have prior information and knowledge in regard to
the amount of this "Unusable Fuel" to enable him to plan and carry out the flight accurately and
with necessary safety margins. The Airworthiness authorities generally require that the quantity
of unusable fuel shall be determined before Type Certification of the aircraft. The quantity of
unusable fuel, in most cases is included in the appropriate "Flight Manual" of the aircraft and in
some instances, placarding in the cockpit is also mandatory requirement so that the flying crew
members are at all times aware of the unusable fuel. However, in some aircraft types this
information may not be included in the Flight Manual or other technical publication of the
Aircraft.
SERIES 'H', PART II : Aircraft Fuelling Procedures.
Aircraft rule 25A prescribes the procedures of fuelling of aircraft. This part of CAR gives the
procedures adopted for the fuelling of aviation fuel and similar products of an aircraft. These
standard procedures are recommended to provide guidance to the aircraft operators, oil
companies and other concerned authorities in order to minimize the hazards arising out of
fuelling operations. Much of this guidance will also apply to fuelling of aircraft and to cases of
maintenance of aircraft fuel systems. But supplementary instructions may generally be necessary
to provide for specific cases.
SERIES 'H ' PART III: Subject :Aviation Fuel at Airport : Storage, Handling and
Quality Control.
Aircraft

Rule

133(B) empowers Director

General

of

Civil

Aviation

to

approve

organisations engaged in storage, compounding, blending of aviation fuels, lubricants and

products

including

specifies the

fuelling/de-fuelling

general requirements

of

aircraft. Further CAR Series E, Part IV

for approval of organisation engaged

in blending,

storage and distribution of aviation fuel in bulk, lubricants and special petroleum products. All
fuel vendors must have their installations/terminals approved by DGCA in terms of the above
CAR.
Series I

AIRCRAFT INSTRUMENT, EQUIPMENT AND ACCESSORIES

SERIES I PART I : Aircraft Instruments Overhaul and Periodical Inspections.

Aircraft instruments shall be overhauled and inspected in accordance with the requirements of
this part of CAR Section 2 Series I except where different requirements have been specified by
150

makers of an aircraft of in an operator's approved Maintenance System Manual or in other

documents approved or issued by the Director General. The periodical inspection checks for
ascertaining the accuracy of instruments may be made "in-situ" if possible. Instruments which on
test are found defective and do not conform with the maker's/Director General of Civil Aviation's
requirements shall be required to be maintained/inspected as per maker's Director General of
Civil Aviation's requirements by persons approved for the purpose or shall be replaced with
serviceable instruments. Instruments shall be inspected prior to installation to ensure that
(a) The instruments are approved for the type aircraft;
(b) The range of the dial marking is adequate to reflect correct operation of the aircraft, power
plant or equipment and to precisely indicate the appropriate operating limitations;
(c) The range of any coloured sectors marked on instrument dials corresponds with the ranges
specified in the aircraft flight manual or aircraft/engine manufacturer's manuals as applicable.
SERIES 'I' PART III : MAINTENANCE_OF_TEST_EQUIPMENT.
Rule 57 requires that every aircraft shall be fitted with approved instrument and equipment
including radio apparatus as may be specified further modern aircraft are fitted with many
instruments, equipments whose function is vital to the aircraft operation.
indicate

These equipment

the performance of the various aspects of airframe, engine and system performance.

Any inaccuracy introduced in the indication system will result in incorrect operation of the
aircraft,

engine and its system.

equipments and

It is,

therefore, necessary that such instruments,

other accessories are checked at regular intervals for their correct

functioning and indication. For this purpose the instrument, equipment, accessories require
overhaul and test with the help of test equipments which are expected to be accurate and error
free during use.
SERIES `I' , PART IV :Airworthiness Procedures for clean rooms and environments
for aircraft system/accessories shops.
Aircraft Rule 57 requires that every aircraft shall be fitted and equipped with instrument and
equipment including radio apparatus as may be specified according to the circumstances
under which the flight is conducted. Sub Rule 2 of Rule 57 further states that such instrument
and equipment shall be maintained in a serviceable condition.
high standard of maintenance, servicing and overhaul of
151

In order to ensure

equipment, accessories and

instrument installed on an aircraft, it is imperative that various shops associated with these
accessories must be relatively free of dust and other contaminants.
SERIES 'I' PART VI : COCKPIT VOICE RECORDERS & COCKPIT AUDIO
RECORDING SYSTEM
Rule 57 of the Aircraft Rules, 1937 requires that every aircraft shall be fitted and equipped with
instruments and equipment, including radio apparatus and special equipment as may be specified
according to the use and circumstances under which the flight is to be conducted. This part of
Civil Aviation Requirement lays down the requirements for fitment of Cockpit Voice Recorder
(CVR) & Cockpit Audio Recording System (CARS) on aircraft registered in India and aircraft
leased and imported into the country. This CAR has been issued under the provision of Rule 29C
of the Aircraft Rules, 1937.

SERIES 'I', PART VIII : Installation of Airborne Collision Avoidance System.

With the liberalisation of air transport operations in the country, the domestic operations have
increased considerably. Besides, there is congestion in the Indian airspace on account of large
number of international flights over flying or transiting through India. While the air traffic
services and associated facilities are continuously being upgraded and modernised by the
Airports Authority of India for ensuring safety of aircraft operations in the Indian airspace, it is
also considered necessary to upgrade the airborne equipment of aeroplanes to reduce the risk of
midair collisions between aircraft. Installation of Airborne Collision Avoidance System (ACAS),
which is an airborne equipment that functions independently of the ground based air traffic
control system, can help in preventing mid-air collisions. However, the level of protection
provided by ACAS equipment depends on the type of transponder the intruder aeroplane is
carrying.
Series L

AIRCRAFT MAINTENANCE ENGINEER LICENSING

SERIES 'L', PART I t: Issue of AME licenses, its classification and experience
requirements.
Aircraft Rule 61 lays down the minimum qualifications and the experience requirements for
issue of Aircraft Maintenance Engineer's licence in various categories. However, to get the
licence, the candidate has to pass the written and oralcum practical examinations conducted by
152

the DGCA. This part of the CARs details the experience requirements for the
issue/addition/extension of licence in the various categories. It may be noted that the applicant
may gain experience concurrently in the allied streams i.e., Mechanical or Avionics streams and
such experience will be acceptable provided the applicant is able to establish that during the
period he was actively engaged in the maintenance activities related to the category of the
licence applied. The syllabi for the examinations has been published separately and is available
as a priced publication from the Central Examination Organisation of the DGCA.
SERIES 'L' PART III : Classification and Certification Responsibilities of Aircraft
Maintenance

Engineer's

Licence

for Helicopters.

This part of Civil Airworthiness Requirements specifies the requirements for issue, extension
and renewal

of Aircraft Maintenance

certification

of

helicopters.

Age,

Engineer's

licence

for

maintenance

and

qualifications, privileges, and the procedure for

conduction of examination as given in Rule 61 of Indian Aircraft Rule 1937 shall also be
applicable in respect of AMEs licences for helicopters.
SERIES 'L', PART IV: ENDORSEMENT OF AME LICENCES.
This part of series 'L' of CAR is issued to introduce revised groupings in respect o airframes and
engines to simplify the procedure of extending the scope of licences to cover additional
airframes/engines/equipment which are more or less similar to those already endorsed on the
licenses. With the introduction of this CAR, the scope of Paper III (general) will be widened to
cover the subject in greater depth.
SERIES L PART V : Certification privileges of Aircraft Maintenance Engineers.
Aircraft Rule 61 details the procedure for grant of Aircraft Maintenance Engineers licence, its
validity and procedure for renewal. The licences issued under this rule are valid for the particular
type of aircraft, engines and equipment endorsed on the licence . Aircraft Maintenance Engineers
from time to time get additional endorsements on their licences after acquiring experience and
fulfilling the conditions mentioned in the said rule. The licences are renewed subject to the
condition that the Aircraft Maintenance Engineer has been engaged in aircraft industry in the
capacity of either Aircraft Maintenance Engineer or in a supervisory capacity including
imparting of training to AMEs. "Open" licences may also be obtained which cover a class of
aircraft upto a certain weight category as detailed in CAR Series 'L', Part VI. This CAR is being

153

issued to detail the certification privileges of the AME and also the circumstances under which
the privileges of such endorsement could be exercised by the AMEs.
SERIES L PART VI : Grant of open AME Licences
This part of Series 'L' Civil Airworthiness Requirements specifies the procedure for grant of
'omnibus' endorsement in respect of AME Licence in Categories 'A' & 'B' to cover single
engined aeroplanes with an all-up-weight not exceeding 3000 Kg., in Categories 'C' & 'D'
to cover normally aspirated air-cooled piston engines not exceeding 300 BHP and AME
Licences in Categories 'R' & 'X' to cover radio equipment installed on aircraft with an AUW
not exceeding 5700 Kg.
SERIES L PART VII : PROCEDURE FOR RENEWAL OF AME'S LICENCE.
Revised Rules 61 of Aircraft Rules lays down period for which the AME licence will normally
be valid and can be renewed thereafter by the Director General for a similar period on
application provided that during the 24 months preceding the date of the application for the
renewal of the licence, the holder has been engaged for a period totaling at least 6 months in
aeronautical engineering either in practical maintenance or repair or in supervisory capacity or as
a member of operating crew of aircraft. This part of the CAR defines the procedure and the
conditions for the renewal of the licences of engineers. The applicant has to apply to the
Regional Airworthiness Office on form CA 68(a) along with the requisite fee. The applicant has
to produce evidence for having been engaged in aeronautical engineering duties for a period of 6
months within the last 24 months preceding the date of expiry of the licence either in practical
maintenance or repair or overhaul or in supervisory capacity or as a member of the operating
crew of the aircraft. In addition, the applicant has to produce satisfactory evidence of having
undergone a refresher course since last renewal of his AME licence.
SERIES L PART VIII : Issue of Basic Aircraft Maintenance Engineers Examination
Certificate (BAMEC).
The Basic Aircraft Maintenance Engineers Examination Certificate is issued to a person who
meets the requirements of this CAR. The certificate establishes the fact that he/she has acquired a
level of knowledge relevant to the stream/category of AME Licence to be granted by passing the
written examinations conducted by DGCA. This part of the CAR lays down the procedure for
issue of Basic Aircraft Maintenance Engineers Certificate. This CAR is issued under the
provisions of Rule 133A of Aircraft Rules 1937.
154

SERIES 'L' PART IX : Issue

of

Authorisation

to

Aircraft

Maintenance

prescribes

requirements

Engineers/Approved Personnel.
This part of Civil Airworthiness Requirements pertains to and
regarding

issue

of "Authorisation" to Aircraft Maintenance Engineers/Approved Personnel.

In supersession of the procedures followed hitherto, henceforth inspection and certification

of airworthiness of aircraft, its components and systems shall be performed either by
appropriately licenced AMEs/Approved Persons or by individuals
permission
to

issued

with

special

titled "Authorisation". The grant of such "Authorisation" will be strictly regulated

meet only the genuine requirements of an

operator

when appropriately

licenced

AMEs/Approved Persons are not available.

SERIES L PART X : Grant of approvals to persons engaged in overhaul, major repairs of
components and accessories of aircraft, engines and their systems.
Rule 54 of the Aircraft Rules, 1937 requires that all work on aircraft is certified by licensed
engineers, authorized or approved persons qualified under the terms and conditions of the
licence, authorisation or approval or by an approved person or persons authorised by
organizations approved by the Director-General in this behalf. Further, Subrule (7) of Rule 61
provides for the grant of approval to an applicant employed in an organisation approved by the
Director-General to issue a certificate of maintenance in respect of an aircraft, engine, system
component, instrument, accessory or item of equipment including radio equipment after
inspection, maintenance, overhaul, repair, modification or test performed in accordance with the
procedures approved by the Director-General upon being satisfied that the applicant has
sufficient knowledge, experience and has passed such examinations as specified by DirectorGeneral in the Civil Aviation Requirements. This part of the CAR lays down the minimum
requirements in respect of knowledge, experience, examination and procedure for the grant of
such an approval to persons employed in an organisation approved by the Director- General and
is issued under Rule 133(B) of the Aircraft Rules, 1937.
SERIES ' L' PART XI: Approval of Flight Engineer Examiners and Check

Flight

Engineers.
This part of Series 'L' of Civil Aviation Requirements specifies the conditions for approval
of Flight Engineer Examiners and Check Flight Engineers as per Sub-Rule 2, Rule 41A of the
Aircraft Rules, 1937.
155

SERIES 'L' PART XII :Approval of Graduate Engineers' Training Scheme.

Aircraft Rule (61) lays down the categories and privileges of Aircraft Maintenance Engineers'
licence and also specifies that an applicant for the issue/grant of licence shall prove to the
satisfaction of the Director General of Civil Aviation that he has acquired the requisite
experience.
SERIES 'L' PART XIII : Payment/Non-Payment

of

Fees for

Issue

of

Duplicate

AME/FE/SFE Licenses.
This part of Series 'L' of Civil Airworthiness Requirements lays down the circumstances in
which fees for issue of duplicate

AME/FE/SFE

licence

should

be

paid

and

circumstances in which the required fees need not be paid.

SERIES 'L', PART XIV: ISSUE OF CERTIFICATE OF COMPETENCY

Rule 61 of the Aircraft Rules1937, empowers the Central Government to issue a Certificate of
Competency (C of C) to an applicant employed in a firm approved by Director General to
perform specialized processes, such as Welding and Non Destructive Testing, which may affect
the airworthiness of an aircraft. This part of the CAR specifies the requirements pertaining to
age, knowledge, qualification, skill and medical standards for issue and renewal of Certificate of
Competency. This CAR is issued in accordance with the provisions of rule 133A of the Aircraft
Rule 1937.
SERIES 'L', PART XV SUBJECT: Procedure for issue/renewal/extension of Student Flight
Engineer/Flight Engineers licence.
Rule 6, of Aircraft Rules, 1937 stipulates that every aircraft shall carry and be operated by the
personnel prescribed in Part V of the Rules. Some of the aircraft require Flight Engineer (FE) as
part of the flight crew as laid down in Certificate of Airworthiness/Airplane Flight Manual
(AFM) and such personnel shall be licensed in the manner prescribed in Section W and X of the
Schedule II, of the Aircraft Rules, 1937. No person shall act as a Flight Engineer (FE) of a civil
registered aircraft unless he has in his personal possession a current Flight Engineers Licence
with appropriate ratings issued to him by DGCA.
Series M

MANDATORY MODIFICATIONS AND INSPECTIONS

SERIES 'M', PART I : MANDATORY MODIFICATIONS/INSPECTIONS.

156

Aircraft Rule 49 D provides for incorporation of modification in aircraft and/or accessories for
continued validity of Type Certificate while Rule 50 A requires modifications/inspections to be
carried out in aircraft/accessories in the interest of safety as a condition of the Certificate of
Airworthiness of Aircraft remaining in force. Rule 52 lays down the acceptable standard for
modification/repair and form and manner of distribution of the compliance certificate for the
same and preservation thereof. This part of CAR prescribes the requirements for compliance
with Mandatory Modifications/ Inspections.
Series O

OPERATIONAL REQUIREMENT FOR AIRCRAFT

SERIES 'O' PART I : Minimum requirements to be complied with by Operators Engaged

in Scheduled/Non Scheduled operation or in Aerial work including Flying Training
and Private work.
Aircraft Rule 140 requires that all aircraft owners and operators shall comply with the
Engineering, Inspection and maintenance requirements and safety requirements in respect
of air routes, aircraft and aircrew as may be specified by the Director General of Civil Aviation.
This part of Civil Airworthiness Requirements prescribes the minimum requirements to be
complied with in respect of aircraft and their maintenance, air routes and aircrew, by various
class of operators.
SERIES 'O', PART VI : Registration, Airworthiness and Operation of Powered Hang
Gliders
This part of the Civil Airworthiness Requirements provides information and guidance for
operation of powered hang gliders concerning their registration, airworthiness and operation.
SERIES 'O' PART VII : Exit Row Seating.
This part of the Civil Aviation Requirement is issued under Section 5A of Aircraft Act 1934
and Rule 133A of the Aircraft Rules 1937 to set out the requirements to be followed by
the operators for exit row seating. The requirements laid down in this CAR are applicable
to aircraft with 10 or more passenger seats.
SERIES 'O' PART XIII : Requirements for Evaluation, Certification and Maintenance of
Aircraft Flight Simulators and Synthetic Flight Training Devices.
The availability of advanced technology has permitted greater use of flight simulators and
Synthetic Flight Training Devices for training and checking of flight crew. The complexity, cost
and operating environment of modern aircraft also have warranted broad use of advanced
157

simulation. With the application of modern technology, simulators can provide more in-depth
training that can be accomplished in an aeroplane and provide a very high transfer of learning
and behavior from the simulator to aeroplane. The use of simulator for training, in lieu of an
aircraft, offers safer flight training, fuel conservation, elimination of aircraft for training,
reduction in adverse environmental effects, and reduced cost of training to the operators.
Series R

AIRBORNE COMMUNICATION, NAVIGATION AND RADAR

SERIES 'R' PART I : Aircraft Radio Equipment.

Aircraft Rule 57 requires that every aircraft shall be fitted and equipped with radio apparatus, as
may be specified according to the use and circumstances under which the flight is to be
conducted. CAR Series I, Part II lays down the minimum radio equipment which is required to
be installed on an aircraft.
SERIES R PART II :Installation of Communication, Navigation and Radar equipment.
Aircraft Rule 9 sub-rule 3 and rule 57 specify that every aircraft shall be fitted and equipped
with radio apparatus as may be specified according to the use and circumstances under which
the flight is to be conducted. This part of

the CARs

describes

the

procedures

and

requirements to be complied with for installation of airborne communication, navigation and

radar equipment.
SERIES 'R', PART III : Maintenance of Airborne Communication, Navigation and Radar
Equipment
Sub-rule 3 of Rule 9 and Rule 57 of the Aircraft Rules, 1937 specify that every aircraft shall be
fitted and equipped with radio apparatus as may be specified according to the use and
circumstances under which the flight is to be conducted. The equipment to be fitted on aircraft
depending on type of operation has been detailed in CAR Section 2 Series I Part II and CAR
Section 2 Series O. Each operator /AMO is required to get Maintenance Program in respect of
aircraft operated/ maintained by them approved by the respective Regional Airworthiness Office
in accordance with CAR Section 2 Series F Part VIII. Based on the approved maintenance
program, the operator/ AMO is required to prepare inspection schedules including COSL, which
are approved by the Head of Engineering Department or a designated person of the operator/
AMO. These schedules/ COSL include inter-alia, all radio communication, navigation and radar
equipment as prescribed by the manufacturers. The inspection schedules/ COSL also indicate if
the equipment are required to be tested in-situ, bench checked or subjected to any other tests as
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specified by the manufacturer and include any special tools, spares, consumables required for
these tests, specifying the tolerances/ limits etc. as laid down by the manufacturer.
SERIES 'R', PART IV:

INSTALLATION OF MODE 'A' / 'C' AND MODE S

TRANSPONDERS.
As part of modernisation of air traffic control facilities, Secondary Surveillance Radars are being
provided to cover the major air routes in the country and also to provide the Minimum Safe
Altitude Warning (MSAW) System. To derive full benefit of these facilities it is necessary that
the aeroplanes operating in Indian airspace are fitted with the altitude reporting transponders.
SERIES R, PART V: Control of Electromagnetic interference in modern aircraft.
Sub rule 2 of Aircraft Rule 57 states that instrument an equipment including Radio equipment
installed on aircraft shall be maintained in a serviceable condition.

Besides maintenance,

electromagnetic interference (EMI) also affects performance of those equipments. This part of
the CAR on electromagnetic interference in modern aircraft provides a brief review of the
principles

of

electromagnetic compatibility, special considerations given in Aircraft

Systems design and maintenance of the aircraft to ensure electromagnetic compatibility.

SERIES 'R' PART VI :Approval

of Airborne Global Positioning Systems

(GPS)

installations in aircraft.
The purpose of this Civil Airworthiness Requirements is to clarify current policy, and to
provide the basic criteria which must be satisfied before a Global Positioning System (GPS)
installation may be approved.At present, GPS is in a developmental testing phase, and the
presently deployed satellite constellation is insufficient to satisfy the coverage and integrity
requirements.
SERIES S

STORAGE OF AIRCRAFT PARTS

SERIES 'S' PART I: Storage conditions and storage/service life of Rubber parts and
aircraft components containing rubber parts.
This part of Series 'S' of Civil Airworthiness Requirements specifies the procedure concerning
storage conditions and storage/service life in respect of rubber parts and aircraft components
containing rubber parts, which are required

for use on civil aircraft. These are general

requirements and should only be followed in the absence of any specific requirements from
the manufacturers of the aircraft part or component concerned.

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SERIES 'S' PART II : Fixation of Calendar period, for determining overhaul life of
reciprocating engines.
This part of CAR specifies a maximum overhaul period on calendar basis between two
consecutive overhauls, irrespective of the operational life of the engine in terms of operating
hours, to ensure safety/ airworthiness of engines even when the utilisation is low. This CAR is
issued under the provision of Rule 133A of the Aircraft Rules, 1937.
SERIES T

FLIGHT TESTING OF AIRCRAFT

SERIES 'T' PART I : Flight Testing of (Series) Aircraft for the Issue of Certificate of
Airworthiness.
This part of Civil Airworthiness Requirements Series 'T' specifies the conditions for the flight
testing of series aircraft for the issue of Certificate of Airworthiness.
SERIES 'T', PART II : Flight Testing of aircraft for which a Certificate of Airworthiness
has previously been issued.
This part of Civil Aviation Requirements (Section 2-Airworthiness) specifies the conditions for
the flight testing of aircraft for which a Certificate of Airworthiness has previously been issued.
SERIES X

MISCELLANEOUS REQUIREMENTS

SERIES 'X' PART- II : Weight and Balance Control of Aircraft.

Rule 58 of Aircraft Rules, 1937 requires that every aircraft shall be weighed and its centre of
gravity determined. This CAR lays down the frequency of weighment and preparation of weight
schedule and also the requirement about display or carriage of the weight schedule on board
besides the manner of distribution and securing the load in the aircraft.
SERIES X PART III : PROVISION OF MEDICAL SUPPLIES IN AIRCRAFT Rule 57
of aircraft rules, 1937 requires that every aircraft shall be fitted and equiped with the instrument
and equipment including radio apparatus and special equipment as may be specified according to
the use and circumstances under which the flight is to be conducted. This part of Civil Aviation
Requirements lays down the requirement for placement and use of First-aid Kit, Medical Kit and
Universal Precaution kit on aircraft registered in India, and is issued under Rule 133A of the
aircraft rules.
SERIES 'X' PART IV : Use of furnishing materials in aircraft.

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This part of Series 'X' of Civil Airworthiness Requirements prescribes detailed requirements
related to use of furnishing materials in aircraft in its each compartment, occupied by crew
or passengers or cargo or baggage.
SERIES 'X' PART V : Concessions.
An operator or overhauling/repair organisation is sometimes faced
procuring

with

problem

of

replacement parts/materials, meeting specifications stipulated in approved type

design documents or of effecting

major repairs/major modifications in the manner as

approved by the manufacturers,

respect

equipment.

in

Under such circumstances marginal

of

aircraft/aircraft component/item

deviations from approved

of

specifications

not affecting the safety of aircraft may be approved by DGCA. This may be covered by the
grant of a "concession".
SERIES 'X', PART VI : Aircraft Log Books.
Rule 67 of the Aircraft Rules 1937, stipulates that following Log books shall be kept and
maintained in respect of all aircraft registered in India.
i. Journey Log Book or an equivalent document acceptable to DGCA.
ii. Aircraft Log Book
iii. Engine Log Book for each engine installed in the aircraft.
iv. a propeller Log Book for every variable pitch propeller installed in the aircraft.
v. A Radio Apparatus Log Book, for aircraft fitted with radio apparatus.
vi. A Flight Log Book as notified in CAR Series 'C' Part II
vii. Any other logbook required by the Director General.
SERIES 'X', PART VII : Documents to be carried on board by Indian Registered Aircraft.
Rule 7 of the Aircraft Rules, 1937 requires that all aircraft registered in India shall carry valid
documents as specified in this CAR. This, however, does not absolve an operator from the
responsibility of carriage of any other document that is required by any other authority in India.
SERIES 'X' PART VIII : PROCEDURE FOR ISSUE OF TAXY PERMIT.
It is possible that aircraft during taxying operations which involve starting of aircraft engine
and maneuvering of aircraft on ground, can sustain damage if this operation is undertaken by
unqualified and inexperienced individuals. If such damages remain undetected, then the
aircraft's airworthiness and safety can be in jeopardy. Therefore, it is

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essential that such

operations are undertaken by Qualified and experienced individuals who are approved for the
purpose. This CAR details the procedure for issue of taxying permit to engineering personnel.

SECTION 3 - AIR TRANSPORT

Series C

AIR

OPERATORS'

CERTIFICATION

PROCEDURES

AND

REQUIREMENTS
SERIES C PART I: Criteria for leasing of aircraft by Indian Operators.
One of the fundamental principles of the Convention on International Civil Aviation (the
Convention) is that the aircraft have the nationality of the State in which they are registered.
Therefore, each contracting State is responsible for ensuring that the aircraft on its civil register
follow its laws and regulations in certain respects, especially airworthiness, even if the aircraft is
operated outside its territory.
SERIES 'C' PART IV: MINIMUM REQUIREMENTS FOR GRANT OF PERMIT AND
OPERATION OF AIR TRANSPORT CARGO SERVICES
Part XIII of the Aircraft Rules, 1937 lays down the rules for operation of Air Transport Services.
This Civil Aviation Requirement is issued under the provisions of Rule 133A of the Aircraft
Rules 1937 to lay down the detailed minimum requirements for the grant of permit and operation
of Air Transport Cargo Services.
SERIES C PART VII : Instructions for seating in passenger transport aircraft
In order to ensure correct loading of aircraft and keeping its centre of gravity of aircraft within
limits at all times during flight, it is necessary that row numbers and seat numbers are allocated
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to all passengers traveling in a public transport aircraft. The allotment of specific seat numbers
will ensure that the boarding of aircraft is carried out in a smooth and orderly manner and that
there is no confusion as to which seats the passengers are required to occupy. In addition, such
allocation of seat numbers will also facilitate quick head-count of passengers for tallying with
passenger manifest entries as and when required. Furthermore, in the unlikely event of an aircraft
accident or in the case of unlawful interference with the aircraft, the seat numbers allotted to
individual passengers will assist follow-up action/ investigation. Allotment of specific seat
numbers will also help airline staff to properly position handicapped or physically infirm or aged
passengers to convenient seats for ease of boarding, disembarkation or use of aircraft facilities
etc.

SERIES C PART VIII : MINIMUM REQUIREMENTS FOR GRANT OF PERMIT TO

OPERATE SCHEDULED REGIONAL AIR TRANSPORT SERVICE.
Sub-rule 1 of Rule 134 of the Aircraft Rules, 1937 specifies that no person shall operate any
scheduled air transport service from, to, in, or across India except with the permission of the
Central Government, granted under and in accordance with and subject to the provisions of
Schedule XI of the Aircraft rules. The need to promote air connectivity between specific regions
and to enable more efficient air travel within the region, as well as linking such regions and
expand air travel services for Tier II and Tier III cities within the countrys aviation network, the
scheduled regional air transport services has been introduced.
SERIES C PART IX : Operational And Airworthiness Requirements For Seaplane
Operation.
Rule 4 of the Aircraft Rules, 1937 stipulates that no person shall use or operate or assist in using
or operating an aircraft save in accordance with the rules. Further, CAR Section 2 Series O Part
II on Operation Of Commercial Air Transport Aeroplanes lays down the additional equipment
required to be fitted on seaplanes in addition to the preflight inspection of seaplanes, oral
briefings for seaplane passengers, use of safety belts and shoulder harnesses in seaplanes,
escape/egress in water after capsizing, water survival, and flotation gear required for seaplane
occupants. Government has recently recognized seaplane services as part of the civil aviation
sector and has accordingly amplified the Foreign Direct Investment (FD) to allow 100% foreign
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participation for seaplane services. This part of the Civil Aviation Requirements provides
information and guidance on the operational and airworthiness requirements for the operation of
seaplanes and is issued under Rule 133(B) of the Aircraft Rules, 1937.
SERIES C PART X : MINIMUM REQUIREMENTS FOR UNDERTAKING AIRCRAFT
OPERATIONS WITH AIRCRAFT OWNED BY STATE GOVERNMENTS/ PUBLIC
SECTOR UNDERTAKINGS OF CENTRAL/ STATE GOVERNMENTS.
The aircraft owned by State Governments and Public Sector Undertakings of the Central/ State
Governments are being increasingly used for carriage of Governors, Chief Ministers, State /
Central Ministers, and other important high dignitaries. In order to ensure better safety oversight
control on the operation of such aircraft, it has been decided that the concerned State
Government/ PSU shall obtain permission from DGCA for operating such aircraft. This Civil
Aviation Requirement contains the procedural requirements for issue of permission to undertake
aircraft operations by State Governments or Public Sector Undertakings of the Central/ State
Governments. This CAR is issued under provisions of Rule 133A of the Aircraft Rules, 1937.
These requirements are complementary to the requirements of ICAO Annex 6 Part II, as
applicable to General Aviation.
SERIES

PART

XI:

REQUIREMENTS

FOR

PERMISSION

TO

IMPORT/ACQUISITION OF AIRCRAFT.
Aircraft Act 1934 Section 5, interalia, empowers the Central Government to make rules
regulating the export/import of an aircraft for securing the safety of operation. The requirements
for import of aircraft are laid down by Director General of Foreign Trade, Ministry of Commerce
(DGFT), vide Public Notice No. 274(PN)/92-97 dated 23.2.95 and Notification No. 2(RE2006)/2004-2009 dated 07/04/2006 issued by Department of Commerce, Ministry of Commerce
and Industry, Government of India.
Series D

OPERATIONS TO DEFENCE AIRFIELDS

SERIES 'D', PART I : Operations to Defence Airfields by Civil Operators.

There are a number of airfields under the control of defence authorities to which civil flights
operate. For commencement of flights to such airfields, prior approval of the Ministry of
Defence is necessary. This CAR is applicable to all operators who desire to commence flights to
defence airfields and sets out the requirements for obtaining approval before commencement of
flights.
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Series E

OPERATIONS TO AERODROMES WHICH ARE NOT IN REGULAR

USE
SERIES E PART I: MINIMUM REQUIREMENTS TO BE COMPLIED WITH FOR
COMMENCING OPERATIONS TO NEW STATIONS.
With the rapid growth of aviation in India, many operators have plans to start operations to new
stations where no air transport services are being operated. While commencing flights to new
stations, it has to be ensured that at least the minimum required facilities relating to air traffic
control, safety services, security arrangements, etc. are available at these stations to ensure safety
of operations. Proper planning is, therefore, required on the part of the operators.
SERIES F

NON SCHEDULED FLIGHT CLEARANCE

Series M

PASSENGER FACILITATION

SERIES M, PART II : Refund of Airline Tickets to Passengers of Public Transport

Undertakings.
The issue of refund of tickets by airlines has become a major source of grievance amongst airline
passengers. A large number of complaints are regularly received which can broadly be divided
into the following categories:
(a) Delay in refund of unused tickets
(b) The amount which is refunded by the airlines against cancelled tickets.
(c) Policy of not to refund the ticket amount but to adjust against tickets to be purchased by the
passenger for future travel in the same airline that too valid for a limited period of time.
SERIES M PART III : Computer Reservation System (CRS)/Global Distribution System
(GDS)
Computer Reservations Systems (CRSs) are used for hosting airline seat inventory and seat
reservation transactions. Originally designed, owned and operated by airlines, the use of CRSs
had been extended to travel agents as a distribution tool. Over the years CRSs have evolved into
Global Distribution Systems (GDSs) that host inventory of multiple airlines and other modes of
travel and travel related associated services.
SERIES M PART IV : Facilities to be provided to passengers by airlines due to denied
boarding, cancellation of flights and delays in flights.
In view of rapid expansion of air services within India and on international routes to/from India
and with the increase in the volume of passenger traffic, it has become necessary for the
165

Government to take appropriate action to ensure appropriate protection for the air travelers in
case of flight disruptions and, in particular, denied boardings, flight cancellations and delays
without due notice to the passengers booked on the flight(s).
Series S

SURVEILLANCE

SERIES S PART I : Evaluation of Air Carriers Management of Significant Changes

Assessment of Impact of Financial Stress on Safety of Operations In the recent times, when the
airline industry world over has passed through turbulent times, airlines have reported heavy
financial losses. Few airlines have also laid off their employees and reduced the air services with
a view to rationalise the route-structure. There had been reports of airlines on cash and carry by
service provider(s) and repossession of aircraft by the lessor.

SECTION 4 - AERODROME STANDARDS AND

LICENSING
Series A

SCOPE & EXTENT

SERIES 'A', PART I : Secondment of Aerodrome Inspectors from Aerodrome operators for
supplementing Aerodrome Standard Directorates work in DGCA.
The Directorate General of Civil Aviation has to ensure that an applicant for issuance of and
Aerodrome license meets the provisions of the Aircraft Rules, 1937 and the relevant Civil
Aviation Requirements. It also carries out review/ inspection of the aerodrome operators
operational preparedness before the issuance of the license, which may include a series of
inspections, to ensure adequacy of facilities, equipment, operating procedures, availability and
competence of the trained personnel employed by the applicant to perform critical activities for
aerodrome operation and maintenance. In addition, periodic inspections and surveillance of
aerodrome license holder are conducted in order to ensure that the required standards for
aerodrome operations are maintained. These safety oversight functions consisting of periodic and
planned inspections of the aerodrome, during which continued efficiency of the aerodrome
operator is monitored.
Series B

AERODROME FACILITIES

SERIES 'B ' PART IV: Exemption procedure for non-compliances at aerodromes.

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An Aerodrome licensee is expected to comply with the requirements laid down in the Civil
Aviation Requirements for the Aerodrome Design and Operations. There may be some
circumstances where compliance of requirement have not been followed at an existing
aerodrome because of physical constraints and where the facility had been provided earlier as per
old regulations and continued to be in operation. Similarly there may be situation where
compliance is not possible also for a new aerodrome due to physical constraints. These situations
require regulatory authorities to have procedures for accepting cases for non-compliance in
respect of an aerodrome being issued with a license.
SERIES 'B', PART III: HELIPORTS
Article 28 and 37 of the Convention on International Civil Aviation requires each contracting
State to provide, in its territory, airports and other navigation facilities and services in accordance
with the standards and practice recommended or established from time to time, pursuant to this
convention. This Civil Aviation Requirements lays down requirements for heliports covering all
aspects of heliport planning, infrastructure including taxiways, Aprons, markings, aeronautical
lightings, emergency services, maintenance standards, physical characteristics and obstacle
limitation surfaces to be provided for a heliport. When designing a heliport, the critical design
helicopter, having the largest set of dimensions and the greatest maximum take-off mass
(MTOM) the heliport is intended to serve, would need to be considered.
SERIES 'B' PART V: Minimum Safety Requirements for Helicopter Landing Areas used
on Regular basis.
Rule 78 of the Aircraft Rules, 1937 requires licensing of such aerodromes that are used as regular
place of landing and departure by a scheduled air transport service or for a series of landings and
departures by any aircraft carrying passengers or cargo for hire or reward. Further, sub rule (4) of
the said rule stipulates that no person shall operate or cause to be operated any flight from a
temporary aerodrome or an aerodrome which has not been licensed or approved, as the case may
be, under these rules unless it meets the minimum safety requirements laid down by the DirectorGeneral.
SERIES 'B' PART VI: Minimum Safety Requirements for Temporary/ Unlicensed
Aerodromes.
Rule 78 of the Aircraft Rules, 1937 requires licensing of such aerodromes that are used as regular
place of landing and departure by a scheduled air transport service or for a series of landings and
167

departures by any aircraft carrying passengers or cargo for hire or reward. Further, sub rule (4) of
the said rule stipulates that no person shall operate or cause to be operated any flight from a
temporary aerodrome or an aerodrome which has not been licensed or approved, as the case may
be, under these rules unless it meets the minimum safety requirements laid down by the DirectorGeneral.
Series F

AERODROME LICENSING

SERIES 'F' PART I : REQUIREMENTS FOR ISSUE OF AN AERODROME LICENCE.

The Central Govt. Rules for the licencing of aerodromes are contained in Part XI of the Aircraft
Rules 1937. The Rule 78 requires that no aerodrome shall be used as a regular place for landing
and departure by a scheduled air transport service or for a series of landing and departures by any
aircraft carrying passengers or cargo for hire or reward unless it has been licensed.
Series X

MISCELLANEOUS

SERIES X PART I : Runway Safety Programme and formation of Runway Safety

Teams.
With the growth in traffic runway incursions have been showing a growing trend the world over,
and have been causing safety concerns. Prevention of runway incursions has become a priority
area. Runway incursions have sometimes led to serious accidents with significant loss of life.
Although it is not a new problem, with the predicted growth of air traffic, the actual numbers of
incidents are likely to rise, unless held in check by preventative actions. Aviation safety
programmes have a common goal to reduce hazards, mitigate and manage residual risk in air
transportation, which are the essential components of Safety Management System as
recommended by ICAO in the field of Aircraft Operations, Air Traffic Service and Aerodrome
Operations. Runway operations, which are vital part of activity at an airport; the hazards and
risks associated with it; therefore, needs to be managed in order to prevent runway incursions
that may lead to accidents.

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SECTION 5 - AIR SAFETY

SERIES C

PROCEDURE FOR ACCIDENT/ INCIDENT INVESTIGATION

PART I: Aircraft Accidents & Serious Incidents Notification and Investigation thereof.
Part X of the Aircraft Manual (India) deals with the Notification and Investigation of Accidents.
Rule 68 & 69 of the Indian Aircraft Rules 1937 lays down the requirements of Notification and
Reporting of accidents respectively in respect of civil registered aircraft. Rule 71 of Aircraft
Rules 1937 lays down the requirements of investigation of the accidents by Inspector of
Accidents appointed by Director General of Civil Aviation. Rule 74 and Rule 75 of the said
Rules stipulate the modalities of investigation of air accidents by Committees and Courts of
Inquiry set up by the Central Government.
Series F

PREVENTION OF ACCIDENTS/ INCIDENTS

SERIES F PART I : FLIGHT SAFETY AWARENESS AND ACCIDENT/INCIDENT

PREVENTION PROGRAMME.
Investigations of accidents in the past have resulted in the identification of several common
causes of accidents and the deficiencies which led to the accidents. Investigations will continue
to yield information leading to safety improvements but major gains from this activity are
unlikely. It is, therefore, now time for the aviation industry to shift its focus from reactive to proactive system, anticipating safety issues rather than making corrections after an event has
occurred. To enhance the safety of aircraft operations, it is essential for every operator to have a
169

Flight Safety Awareness and Accident/ Incident Prevention Programme. The programme should
enable review of the entire system and identification of the hazards and system deficiencies. The
programme should also educate all personnel engaged in civil aviation industry about the
measures, which help in promoting safety in aviation.
SERIES 'F' PART II : MONITORING OF DFDR/ QAR/ PMR DATA FOR ACCIDENT/
INCIDENT PREVENTION.
Decoding and analysis of the DFDR/ QAR/ PMR data is one of the major tools to identify the
hazards and system deficiencies in aircraft operations before they may result in an accident. All
scheduled operators & major non-scheduled operators are therefore required to monitor DFDR/
QAR/ PMR data to determine deficiencies/ shortcomings in the operation of aircraft. This CAR
lays down the requirements and procedure in this regard. It is issued under the provisions of
Rule-133A of the Aircraft Rules, 1937

SECTION 6 - DESIGN STANDARDS AND TYPE CERTIFICATION

SERIES A SCOPE AND EXTENT
SERIES A PART II : Requirements for recognition/ acceptance of Type Certificate and
Supplemental Type Certificate issued by a Contracting State for aircraft
Rule 49E of the Aircraft Rules-1937 provides for recognition/ acceptance of Type Certificate
(TC) issued by a Contracting State. It empowers the Director General of Civil Aviation (DGCA)
to accept the TC or any other similar document in respect of an aeronautical product, i.e. aircraft,
engine, and propeller issued by a contracting state whose airworthiness requirements are at least
equal to the requirements established in accordance with the national regulation contained in
CAR 21.
SERIES C AIRWORTHINESS STANDARDS - DESIGN
SERIES C PART I : CERTIFICATION OF AIRCRAFT ENGINE EMISSION
Rule 49 of the Aircraft Rules, 1937 stipulates requirements for a Type Certificate (TC) in respect
of aircraft, aircraft engine and propeller designed and manufactured in India, as a pre-requisite to
the issue/renewal of a Certificate of Airworthiness (C of A). The Type Certificate Data Sheet
(TCDS), which forms the part of the TC, contains the certification basis in respect of that aircraft
including emission requirements as mentioned in CAR 21.16 (A). This Civil Aviation
Requirement (CAR) is issued under the provisions of Rule 133A of the Aircraft Rules, 1937 for
information, guidance and compliance of all concerned. The requirements contained in this CAR
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are in compliance to the requirements as mentioned in ICAO Annex 16, Vol. II on aircraft engine
emissions.
SERIES C PART II : REQUIREMENT FOR CERTIFICATION OF AIRCRAFT NOISE
Rule 49 of the Aircraft Rules, 1937 stipulates requirements for a Type Certificate (TC) in respect
of aircraft, aircraft engine and propeller designed and manufactured in India, as a prerequisite to
the issue/renewal of a Certificate of Airworthiness (C of A). The Type Certificate Data Sheet
(TCDS), which forms the part of the TC, contains the certification basis in respect of that aircraft
including the noise requirements as mentioned in CAR 21.16(A). This Civil Aviation
Requirement (CAR) is issued under the provisions of Rule 133A of the Aircraft Rules, 1937. The
requirements contained in this CAR are complementary to the requirements as mentioned in
ICAO Annex 16 Volume I on aircraft noise.

SECTION 7 - FLIGHT CREW STANDARDS, TRAINING AND LICENSING

SERIES B

SYLLABUS AND SCHEDULE FOR EXAMINATION OF SUBJECTS FOR

ISSUE OF LICENSES AND RATINGS

SERIES B PART I : ELIGIBILITY CRITERIA FOR WRITTEN EXAMINATIONS FOR
ISSUE/ EXTENSION OF FLIGHT CREW LICENSES/RATINGS
Rule 38 of Aircraft Rules 1937, interalia authorizes the Directorate General of Civil Aviation to
grant, renew or vary the Flight Crew Licenses in various categories viz. Student Pilot Licence
(SPL), Private Pilot Licence (PPL), Glider Pilot Licence (GPL), Commercial Pilot Licence
(CPL), Airline Transport Pilot Licence (ATPL) etc.
SERIES B, PART II : Syllabus for Oral Examination for Issuance of Student Pilots
Licence for Aeroplanes, Microlight Aircraft, Gliders and Balloons
Section B, C, and D of Schedule II of the Aircraft Rules, 1937 stipulate, amongst other
requirements, that for issuance of Student Pilots Licence (SPL) (Aeroplanes/Gliders), SPL
(Microlight Aircraft) and SPL (Balloons) respectively, the applicant shall have to pass an oral
examination as per the syllabus prescribed by the DGCA. Accordingly, this CAR lays down the
main topics of the syllabus for the guidance of the candidates for appearing in the oral
examination for issuance of these licences.
SERIES B, PART IV : Syllabus for Examination for Issue of Commercial Pilots Licence
and Instrument Rating - Aeroplanes

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Section J of Schedule II of the Aircraft Rules, 1937 stipulate, amongst other requirements, that
the applicant shall have to pass a written examination as per the syllabus prescribed by the
DGCA for issuance of Commercial Pilots Licence (CPL). Section O of Schedule II of Aircraft
Rules 1937 lays down similar requirements for issue of Instrument Rating (IR) of aeroplanes.
This part of CAR lays down the main topics of syllabus for the written examination for issue of
CPL and issue of IR in accordance with the provisions of Scheduled II. These topics of syllabus
are in conformity with the knowledge requirements prescribed in ICAO Annex 1.
SERIES B, PART VI : Syllabus for Examination for Issue of Airline Transport Pilots
Licence - Aeroplanes
Section M of Schedule II of the Aircraft Rules, 1937 stipulate, amongst other requirements, that
the applicant shall pass a written examination and oral examination as per the syllabus prescribed
by the DGCA for issuance of Airline Transport Pilots Licence (ATPL) for Aeroplanes.
Accordingly, this part of CAR lays down the main topics of syllabus for the written and oral
examination for issue of these licences in accordance with the provisions of Schedule II. These
topics of syllabus are in conformity with the knowledge requirements prescribed in ICAO Annex
SERIES C

MEDICAL STANDARDS AND EXAMINATIONS

PART I : MEDICAL REQUIREMENTS AND EXAMINATION FOR FLIGHT

CREW LICENCES AND RATINGS.
Rule 39B of the Aircraft Rules, 1937 regarding Medical Standards of flight crew stipulates that
no licence or rating required for any of the personnel of the aircraft shall be issued or renewed
unless the applicant undergoes a medical examination with an approved medical authority and
satisfies the medical standards as notified by the Director General. This Civil Aviation
Requirement specifies:
SERIES C PART II : MEDICAL REQUIREMENTS AND EXAMINATION FOR CABIN
CREW
The Rule 38B of the Aircraft Rules, 1937 deals with carriage of cabin crew. The sub-clause (d) of
clause (3) of this rule provides that the operator shall ensure that each cabin crew member
remains medically fit to discharge the duties specified in the Operations Manual. For this purpose
this CAR is issued to lay down uniform requirements of medical fitness of cabin crew to be
ensured by the operators. This CAR is issued under the provisions of Rule 38B and Rule 133A of
the Aircraft Act, 1937.
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SERIES D

TRAINING ORGANISATIONS

SERIES D PART I : APPROVAL OF FLYING TRAINING INSTITUTES.

In order to ensure that the flying training institutes have the required capability to impart initial
flying training to pilots for issue of licences, this Civil Aviation Requirement lays down the
procedure and the minimum requirements relating to infrastructure, procedures and manpower
for grant of approval for undertaking flying training activities with aircraft having maximum
certified take off mass not exceeding 5700 kgs. This CAR is issued under the provisions of Rule
133A of the Aircraft Rules, 1937.
SERIES 'D', PART II : Guidelines For Safety Oversight And Surveillance Of Flying
Training Institutes
Recent experience has shown a need for evolving guidelines for the benefit of flying training
institutes and DGCA Officers for carrying out Safety Oversight and Surveillance so as to
enhance safety in the activities of the flying training institutes. The guidelines are also intended
to standardise the inspections and in-depth evaluation to ensure that the training institutes
comply with the Aircraft Rules, Civil Aviation Requirements and other regulations issued by
DGCA from time to time. Flying Training Institutes must show continued compliance of the
Civil Aviation Requirement regarding approval of flying training institute (CAR Section 7,
Series D, Part I). Each training institute should develop its own detail inspection schedules for
their internal evaluation keeping in view the following:
a) Type of aircraft flown;
b) Kind of services and courses provided;
c) Various facilities of the institute;
d) Flying and maintenance activities undertaken by the institute; and
e) Ground training provided by the institute.
SERIES D PART III : Requirements for approval of Type Rating Training Organization
(TRTO)
With the growth of aviation in the country and in order to facilitate availability of trained flight
crew with appropriate aircraft ratings endorsed on their licenses that are being inducted into the
country, it has become imperative that only those organizations which meet the criteria as laid
down in this CAR, to be approved for conducting training of flight crew and other personnel on
aircraft type rating courses.
173

Series F

SKILL/ PROFICIENCY CHECKS

Part I: Restrictions on carrying out proficiency checks of pilots by their close relatives.
This part of the Civil Aviation Requirements is being issued under the provisions of Rule
133A of the Aircraft Rules, 1937. The requirements contained herein shall be applicable to all
pilots including trainee pilots, all operators and flying clubs/schools/training institutions
Series G

ISSUE OF LICENCE AND RATING

SERIES G PART I : REQUIREMENTS FOR ISSUE OF INDIAN LICENCES AND

AIRCRAFT RATINGS TO PILOTS HOLDING LICENCES AND AIRCRAFT RATINGS
ISSUED BY CONTRACTING STATES.
Many requests are received for issue of Indian pilots licences on the basis of licences issued by
other Contracting States. Some applicants have faced difficulties in obtaining Indian licences or
aircraft ratings as they did not comply fully with the Indian requirements while obtaining
licences or ratings abroad. In order to clarify the applicable requirements and to streamline the
procedure for issue of Indian licences and aircraft ratings, this Civil Aviation Requirement is
issued under the provision of Rules 41 &133A of the Aircraft Rules, 1937.
SERIES G PART II : VALIDATION OF FOREIGN LICENCES OF FLIGHT CREW
Under the provisions of Rule 45 of the Aircraft Rules, 1937, the competent authority may
validate a flight crew licence to exercise the privileges of such license to operate Indian
registered aircraft, when it has been issued by a duly competent authority of an ICAO contracting
State and is for the time being in force, subject to such conditions and limitations and for such
periods as considered necessary. The validation may confer on such licence the same Validity
(privileges) for the purpose of operating an aircraft registered in India as if it has been granted
under the Aircraft Rules, 1937. Generally a foreign license may be validated for a specific
purpose and for a limited period of time. The FATA is ordinarily issued to overcome the shortage
of trained Indian Pilot-in-Command.
SERIES G PART III : English for Aviation Language - Training, Assessment, Test and
Certification
Clause 6A of Section A of Schedule II of the Aircraft Rules, 1937 stipulates that an applicant for
the issue of Private Pilots Licence (Aeroplanes/ Helicopters); Commercial Pilots Licence
(Aeroplanes/ Helicopters); Airline Transport Pilots Licence (Aeroplanes/ Helicopters); Flight
Engineers Licence; and Flight Navigators Licence shall have the ability to speak and
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understand the English language used for radiotelephony communications to the level of
proficiency specified by the Director General. Further, the rule stipulates that the level of
proficiency shall be evaluated in accordance with the procedures specified by the licensing
authority.
SERIES 'G' PART IV : Grant of commercial pilot license to Defence Personnel.
Rule 41 of Aircraft Rules 1937 provides that any person who is a qualified pilot from the Indian
Air Force, Indian Navy or Air Operational Wing of the Indian Army and who possesses the
necessary flying experience, competency and standards of physical fitness as required under the
rules may be exempted from all or any of the flying tests and from medical or other technical
examinations by the Director General of Civil Aviation, in respect of the issue of licenses under
the rules. In addition the defence personnel are also exempted from obtaining the flying
experience from DGCA approved / recognized training organization.

Section 8 - Aircraft Operations

Series A

SCOPE AND EXTENT

PART I : MINIMUM FLIGHT CREW REQUIREMENTS

To ensure safe operation of an aircraft it is necessary to have adequate flight crew members, who
are appropriately trained, qualified and licenced, to operate the particular type of operations on
the aircraft. Rule 38A(7) of the Aircraft Rules, 1937, stipulates broadly the minimum crew
required to operate a flight. This Civil Aviation Requirements (CAR) gives in detail the
requirements relating to minimum flight crew. This requirements contained in this CAR are
applicable to all aeroplanes and helicopters engaged in scheduled, non- scheduled, air taxi and
other public transport operations including State Government operations and aerial work
operations.
SERIES 'A' PART II : SAFETY REGULATION AND OVERSIGHT OF FLIGHT
OPERATIONS.
The main objective of the safety regulation and oversight of flight operations to ensure:
a) effective implementation of the safety related Standards and Recommended Practices
contained in the ICAO Annexes, particularly Annexes 1 and 6 and the relevant rules, regulations,
procedures and requirements laid down in the various national regulatory documents;
b) that safety weaknesses in the flight operations are and necessary corrective measures are taken
in time before they become a potential safety hazard; and
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c) that the capability of the operator to conduct the operations safely be maintained at or above
the level required by the regulations.

Section 9 - Air Space and Air Traffic Management

Series C

RULES OF THE AIR

SERIES 'C' PART I : Rules of the Air.

Article 12 (Rules of the air) of the Convention on International Civil Aviation requires each
contracting State to adopt measures to insure that every aircraft (irrespective of its nationality
mark) flying over or maneuvering within its territory shall comply with the rules and regulations
relating to the flight and maneuver of aircraft there in force. Under the Convention, each
Contracting State is required to keep its own regulations in these respects uniform, to the greatest
possible extent, with those established from time to time under the Convention and is also
required to insure the prosecution of all persons violating the regulations applicable. Over the
high seas, the rules in force as established under the Convention shall be followed.
In above respect, ICAO Annex 2 provides the Standards pertaining to the Rules of the Air which
are required to be adopted by the Contracting State.
Rule 16 of the Aircraft Rules, 1937 stipulates that every person shall comply with Rules of the
Air issued by the Director General in accordance with Annex 2 as may be applicable to that
person and every pilot and every person-in-charge of an aircraft shall take such steps as are
practicable to secure that when the aircraft is in flight or is being maneuvered on the land or
water, the windows, wind-screens or side-screen of the aircraft through which the pilots obtain

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the view forward or sideways are maintained in such a condition as not to obstruct his view. This
CAR is issued under the provisions of Rule 16 and Rule 133A of the Aircraft Rules, 1937.
This CAR is issued in supersession of CAR Section 4 Series E Part I, Issue I dated 15th July
2004.
Series D NAVIGATION, LANDING AND COMMUNICATION AIDS
SERIES 'D', PART I : Requirements of Maintenance/ inspection of Communication,
Navigation, Landing and other equipment installed at Airports and en-route.
This part of the Civil Aviation Requirements lays down the requirements of maintenance,
inspection or Communications, Navigation, Landing and other equipment installed at airports
and enroute and used for aircraft operations. These equipment may be owned and operated by
Airports Authority of India, Meteorological Department or any other agency. This CAR is issued
under Section 5A of the Aircraft Act 1934 and Rule 133A of the Aircraft Rules 1937 for
compliance by all concerned agencies.

Section 11 - Safe Transport of Dangerous Goods by Air

Series C

APPROVAL OF DANGEROUS GOODS TRAINING PROGRAMME

SERIES C PART I : Approval of Dangerous Goods Training Programme.

Dangerous goods are articles or substances which are capable of posing a risk to health, safety,
property or the environment. In order to ensure safe transport of dangerous goods by air, ICAO
has laid down the standards in Annex 18 and also issued the Technical Instructions for the Safe
Transport of Dangerous Goods by Air. For giving effect to these provisions in India, the Aircraft
(Carriage of Dangerous Goods) Rules, 2003, have been framed.
Series D

SURVEILLANCE OF DANGEROUS GOODS PROGRAMME

SERIES D PART I : Guidelines and Procedure for Dangerous Goods Inspections.

The Aircraft (Carriage of Dangerous Goods) Rules, 2003 have been framed to give effect to the
provisions of Annex 18 to the Chicago Convention and the Technical Instructions for the Safe
Transport of Dangerous Goods by Air issued by ICAO. Since the carriage of dangerous goods by
air has a direct bearing on the safety of aircraft operations, strict compliance with these
provisions is of paramount importance.
Series X

MISCELLANEOUS
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SERIES X PART I : Secondment of Dangerous Goods Inspectors.

The carriage of dangerous goods is a highly skilled job, which requires proper packing, labelling
and handling during various stages such as storage, loading, unloading and transportation etc. As
such, the responsibilities of all the agencies/ personnel engaged in the transportation of
dangerous goods have been clearly defined in the Aircraft (Carriage of Dangerous Goods) Rules,
2003.

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UNIT V

CHAPTER 18: INTERNATIONAL CONVENTIONS

The Convention on International Civil Aviation, also known as the Chicago Convention,
established the International Civil Aviation Organization (ICAO), a specialized agency of the
United Nations charged with coordinating and regulating international air travel.[2] The
Convention establishes rules of airspace, aircraft registration and safety, and details the rights of
the signatories in relation to air travel. The Convention also exempts commercial air fuels from
tax.
The document was signed on December 7, 1944 in Chicago, U.S., by 52 signatory states. It
received the requisite 26th ratification on March 5, 1947 and went into effect on April 4, 1947,
the same date that ICAO came into being. In October of the same year, ICAO became a
specialized agency of the United Nations Economic and Social Council (ECOSOC). The
Convention has since been revised eight times (in 1959, 1963, 1969, 1975, 1980, 1997, 2000 and
2006).
As of 2013, the Chicago Convention has 191 state parties, which includes all member states of
the United Nationsexcept Dominica, Liechtenstein, and Tuvaluplus the Cook Islands.
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CONVENTION ON INTERNATIONAL CIVIL AVIATION, SIGNED AT CHICAGO, ON 7

DECEMBER 1944 (CHICAGO CONVENTION)
Preamble
WHEREAS the future development of international civil aviation can greatly help to create and
preserve friendship and understanding among the nations and peoples of the world, yet its abuse
can become a threat to the general security; and
WHEREAS it is desirable to avoid friction and to promote that cooperation between nations and
peoples upon which the peace of the world depends;
THEREFORE, the undersigned governments having agreed on certain principles and
arrangements in order that international civil aviation may be developed in a safe and orderly
manner and that international air transport services may be established on the basis of equality of
opportunity and operated soundly and economically; Have accordingly concluded this
Convention to that end.
PART I: AIR NAVIGATION
CHAPTER I: GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION
Article 1 Sovereignty: The contracting States recognize that every State has complete and
exclusive sovereignty over the airspace above its territory.
Article 2 Territory: For the purposes of this Convention the territory of a State shall be deemed to
be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty,
protection or mandate of such State.
Article 3 Civil and state aircraft: (a) This Convention shall be applicable only to civil aircraft,
and shall not be applicable to state aircraft. (b) Aircraft used in military, customs and police
services shall be deemed to be state aircraft. (c) No state aircraft of a contracting State shall fly
over the territory of another State or land thereon without authorization by special agreement or
otherwise, and in accordance with the terms thereof. (d) The contracting States undertake, when
issuing regulations for their state aircraft, that they will have due regard for the safety of
navigation of civil aircraft.

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Article 4 Misuse of civil aviation: Each contracting State agrees not to use civil aviation for any
purpose inconsistent with the aims of this Convention.
CHAPTER II: FLIGHT OVER TERRITORY OF CONTRACTING STATES
Article 5 Right of non-scheduled flight: Each contracting State agrees that all aircraft of the other
contracting States, being aircraft not engaged in scheduled international air services shall have
the right, subject to the observance of the terms of this Convention, to make flights into or in
transit non-stop across its territory and to make stops for non-traffic purposes without the
necessity of obtaining prior permission, and subject to the right of the State flown over to require
landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to
require aircraft desiring to proceed over regions which are inaccessible or without adequate air
navigation facilities to follow prescribed routes, or to obtain special permission for such flights.
Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on
other than scheduled international air services, shall also, subject to the provisions of Article 7,
have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of
any State where such embarkation or discharge takes place to impose such regulations,
conditions or limitations as it may consider desirable.
Article 6 Scheduled air services: No scheduled international air service may be operated over or
into the territory of a contracting State, except with the special permission or other authorization
of that State, and in accordance with the terms of such permission or authorization.
Article 7 Cabotage: Each contracting State shall have the right to refuse permission to the
aircraft of other contracting States to take on in its territory passengers, mail and cargo carried
for remuneration or hire and destined for another point within its territory. Each contracting State
undertakes not to enter into any arrangements which specifically grant any such privilege on an
exclusive basis to any other State or an airline of any other State, and not to obtain any such
exclusive privilege from any other State.
Article 8 Pilotless aircraft: No aircraft capable of being flown without a pilot shall be flown
without a pilot over the territory of a contracting State without special authorization by that State
and in accordance with the terms of such authorization. Each contracting State undertakes to

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insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so
controlled as to obviate danger to civil aircraft.
Article 9 Prohibited areas; (a) Each contracting State may, for reasons of military necessity or
public safety, restrict or prohibit uniformly the aircraft of other States from flying over certain
areas of its territory, provided that no distinction in this respect is made between the aircraft of
the State whose territory is involved, engaged in international scheduled airline services, and the
aircraft of the other contracting States likewise engaged. Such prohibited areas shall be of
reasonable extent and location so as not to interfere unnecessarily with air navigation.
Descriptions of such prohibited areas in the territory of a contracting State, as well as any
subsequent alterations therein, shall be communicated as soon as possible to the other contracting
States and to the International Civil Aviation Organization. (b) Each contracting State reserves
also the right, in exceptional circumstances or during a period of emergency, or in the interest of
public safety, and with immediate effect, temporarily to restrict or prohibit flying over the whole
or any part of its territory, on condition that such restriction or prohibition shall be applicable
without distinction of nationality to aircraft of all other States. (c) Each contracting State, under
such regulations as it may prescribe, may require any aircraft entering the areas contemplated in
subparagraphs (a) or (b) above to effect a landing as soon as practicable thereafter at some
designated airport within its territory.
Article 10 Landing at customs airport: Except in a case where, under the terms of this
Convention or a special authorization, aircraft are permitted to cross the territory of a contracting
State without landing, every aircraft which enters the territory of a contracting State shall, if the
regulations of that State so require, land at an airport designated by that State for the purpose of
customs and other examination. On departure from the territory of a contracting State, such
aircraft shall depart from a similarly designated customs airport. Particulars of all designated
customs airports shall be published by the State and transmitted to the International Civil
Aviation Organization established under Part II of this Convention for communication to all
other contracting States.
Article 11 Applicability of air regulations: Subject to the provisions of this Convention, the laws
and regulations of a contracting State relating to the admission to or departure from its territory
of aircraft engaged in international air navigation, or to the operation and navigation of such
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aircraft while within its territory, shall be applied to the aircraft of all contracting States without
distinction as to nationality, and shall be complied with by such aircraft upon entering or
departing from or while within the territory of that State.
Article 12 Rules of the air: Each contracting State undertakes to adopt measures to insure that
every aircraft flying over or maneuvering within its territory and that every aircraft carrying its
nationality mark, wherever such aircraft may be, shall comply with the rules and regulations
relating to the flight and maneuver of aircraft there in force. Each contracting State undertakes to
keep its own regulations in these respects uniform, to the greatest possible extent, with those
established from time to time under this Convention. Over the high seas, the rules in force shall
be those established under this Convention. Each contracting State undertakes to insure the
prosecution of all persons violating the regulations applicable.
Article 13 Entry and clearance regulations: The laws and regulations of a contracting State as to
the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as
regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be
complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure
from, or while within the territory of that State.
Article 14 Prevention of spread of disease: Each contracting State agrees to take effective
measures to prevent the spread by means of air navigation of cholera, typhus (epidemic),
smallpox, yellow fever, plague, and such other communicable diseases as the contracting States
shall from time to time decide to designate, and to that end contracting States will keep in close
consultation with the agencies concerned with international regulations relating to sanitary
measures applicable to aircraft. Such consultation shall be without prejudice to the application of
any existing international convention on this subject to which the contracting States may be
parties.
Article 15 Airport and similar charges: Every airport in a contracting State which is open to
public use by its national aircraft shall likewise, subject to the provisions of Article 68, be open
under uniform conditions to the aircraft of all the other contracting States. The like uniform
conditions shall apply to the use, by aircraft of every contracting State, of all air navigation
facilities, including radio and meteorological services, which may be provided for public use for
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the safety and expedition of air navigation. Any charges that may be imposed or permitted to be
imposed by a contracting State for the use of such airports and air navigation facilities by the
aircraft of any other contracting State shall not be higher, (a) As to aircraft not engaged in
scheduled international air services, than those that would be paid by its national aircraft of the
same class engaged in similar operations, and (b) As to aircraft engaged in scheduled
international air services, than those that would be paid by its national aircraft engaged in similar
international air services. All such charges shall be published and communicated to the
International Civil Aviation Organization: provided that, upon representation by an interested
contracting State, the charges imposed for the use of airports and other facilities shall be subject
to review by the Council, which shall report and make recommendations thereon for the
consideration of the State or States concerned. No fees, dues or other charges shall be imposed
by any contracting State in respect solely of the r;ight of transit over or entry into or exit from its
territory of any aircraft of a contracting State or persons or property thereon.
Article 16 Search of aircraft: The appropriate authorities of each of the contracting States shall
have the right, without unreasonable delay, to search aircraft of the other contracting States on
landing or departure, and to inspect the certificates and other documents prescribed by this
Convention.
CHAPTER III: NATIONALITY OF AIRCRAFT
Article 17 Nationality of aircraft: Aircraft have the nationality of the State in which they are
registered.
Article 18 Dual registration: An aircraft cannot be validly registered in more than one State, but
its registration may be changed from one State to another.
Article 19 National laws governing registration: The registration or transfer of registration of
aircraft in any contracting State shall be made in accordance with its law and regulations.
Article 20 Display of marks: Every aircraft engaged in international air navigation shall bear its
appropriate nationality and registration marks.
Article 21 Report of registrations: Each contracting State undertakes to supply to any other
contracting State or to the International Civil Aviation Organization, on demand, information
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concerning the registration and ownership of any particular aircraft registered in that State. In
addition, each contracting State shall furnish reports to the International Civil Aviation
Organization, under such regulations as the latter may prescribe, giving such pertinent data as
can be made available concerning the ownership and control of aircraft registered in that State
and habitually engaged in international air navigation. The data thus obtained by the
International Civil Aviation Organization shall be made available by it on request to the other
contracting States.
CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
Article 22 Facilitation of formalities: Each contracting State agrees to adopt all practicable
measures, through the issuance of special regulations or otherwise, to facilitate and expedite
navigation by aircraft between the territories of contracting States, and to prevent unnecessary
delays to aircraft, crews, passengers and cargo, especially in the administration of the laws
relating to immigration, quarantine, customs and clearance.
Article 23 Customs and immigration procedures: Each contracting State undertakes, so far as it
may find practicable, to establish customs and immigration procedures affecting international air
navigation in accordance with the practices which may be established or recommended from
time to time, pursuant to this Convention. Nothing in this Convention shall be construed as
preventing the establishment of customs-free airports.
Article 24 Customs duty: (a) Aircraft on a flight to, from, or across the territory of another
contracting State shall be admitted temporarily free of duty, subject to the customs regulations of
the State. Fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an
aircraft of a contracting State, on arrival in the territory of another contracting State and retained
on board on leaving the territory of that State shall be exempt from customs duty, inspection fees
or similar national or local duties and charges. This exemption shall not apply to any quantities
or articles unloaded, except in accordance with the customs regulations of the State, which may
require that they shall be kept under customs supervision. (b) Spare parts and equipment
imported into the territory of a contracting State for incorporation in or use on an aircraft of
another contracting State engaged in international air navigation shall be admitted free of

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customs duty, subject to compliance with the regulations of the State concerned, which may
provide that the articles shall be kept under customs supervision and control.
Article 25 Aircraft in distress: Each contracting State undertakes to provide such measures of
assistance to aircraft in distress in its territory as it may find practicable, and to permit, subject to
control by its own authorities, the owners of the aircraft or authorities of the State in which the
aircraft is registered to provide such measures of assistance as may be necessitated by the
circumstances. Each contracting State, when undertaking search for missing aircraft, will
collaborate in coordinated measures which may be recommended from time to time pursuant to
this Convention.
Article 26 Investigation of accidents: In the event of an accident to an aircraft of a contracting
State occurring in the territory of another contracting State, and involving death or serious injury,
or indicating serious technical defect in the aircraft or air navigation facilities, the State in which
the accident occurs will institute an inquiry into the circumstances of the accident, in accordance,
so far as its laws permit, with the procedure which may be recommended by the International
Civil Aviation Organization. The State in which the aircraft is registered shall be given the
opportunity to appoint observers to be present at the inquiry and the State holding the inquiry
shall communicate the report and findings in the matter to that State.
Article 27 Exemption from seizure on patent claims: (a) While engaged in international air
navigation, any authorized entry of aircraft of a contracting State into the territory of another
contracting State or authorized transit across the territory of such State with or without landings
shall not entail any seizure or detention of the aircraft or any claim against the owner or operator
thereof or any other interference therewith by or on behalf of such State or any person therein, on
the ground that the construction, mechanism, parts, accessories or operation of the aircraft is an
infringement of any patent, design, or model duly granted or registered in the State whose
territory is entered by the aircraft, it being agreed that no deposit of security in connection with
the foregoing exemption from seizure or detention of the aircraft shall in any case be required in
the State entered by such aircraft.
(b) The provisions of paragraph (a) of this Article shall also be applicable to the storage of spare
parts and spare equipment for the aircraft and the right to use and install the same in the repair of
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an aircraft of a contracting State in the territory of any other contracting State, provided that any
patented part or equipment so stored shall not be sold or distributed internally in or exported
commercially from the contracting State entered by the aircraft. (c) The benefits of this Article
shall apply only to such States, parties to this Convention, as either (1) are parties to the
International Convention for the Protection of Industrial Property and to any amendments
thereof; or (2) have enacted patent laws which recognize and give adequate protection to
inventions made by the nationals of the other States parties to this Convention.
Article 28 Air navigation facilities: and standard systems Each contracting State undertakes, so
far as it may find practicable, to: (a) Provide, in its territory, airports, radio services,
meteorological services and other air navigation facilities to facilitate international air
navigation, in accordance with the standards and practices recommended or established from
time to time, pursuant to this Convention; (b) Adopt and put into operation the appropriate
standard systems of communications procedure, codes, markings, signals, lighting and other
operational practices and rules which may be recommended or established from time to time,
pursuant to this Convention; (c) Collaborate in international measures to secure the publication
of aeronautical maps and charts in accordance with standards which may be recommended or
established from time to time, pursuant to this Convention.
CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 29 Documents carried in aircraft: Every aircraft of a contracting State, engaged in
international navigation, shall carry the following documents in conformity with the conditions
prescribed in this Convention: (a) Its certificate of registration; (b) Its certificate of
airworthiness; (c) The appropriate licenses for each member of the crew; (d) Its journey log
book; (e) If it is equipped with radio apparatus, the aircraft radio station license; (f) If it carries
passengers, a list of their names and places of embarkation and destination; (g) If it carries cargo,
a manifest and detailed declarations of the cargo.
Article 30 Aircraft radio equipment: (a) Aircraft of each contracting State may, in or over the
territory of other contracting States, carry radio transmitting apparatus only if a license to install
and operate such apparatus has been issued by the appropriate authorities of the State in which
the aircraft is registered. The use of radio transmitting apparatus in the territory of the contracting
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State whose territory is flown over shall be in accordance with the regulations prescribed by that
State. (b) Radio transmitting apparatus may be used only by members of the flight crew who are
provided with a special license for the purpose, issued by the appropriate authorities of the State
in which the aircraft is registered.
Article 31 Certificates of airworthiness: Every aircraft engaged in international navigation shall
be provided with a certificate of airworthiness issued or rendered valid by the State in which it is
registered.
Article 32 Licenses of personnel: (a) The pilot of every aircraft and the other members of the
operating crew of every aircraft engaged in international navigation shall be provided with
certificates of competency and licenses issued or rendered valid by the State in which the aircraft
is registered. (b) Each contracting State reserves the right to refuse to recognize, for the purpose
of flight above its own territory, certificates of competency and licenses granted to any of its
nationals by another contracting State.
Article 33 Recognition of certificates and licenses: Certificates of airworthiness and certificates
of competency and licenses issued or rendered valid by the contracting State in which the aircraft
is registered, shall be recognized as valid by the other contracting States, provided that the
requirements under which such certificates or licenses were issued or rendered valid are equal to
or above the minimum standards which may be established from time to time pursuant to this
Convention.
Article 34 Journey log books: There shall be maintained in respect of every aircraft engaged in
international navigation a journey log book in which shall be entered particulars of the aircraft,
its crew and of each journey, in such form as may be prescribed from time to time pursuant to
this Convention.
Article 35 Cargo restrictions : (a) No munitions of war or implements of war may be carried in
or above the territory of a State in aircraft engaged in international navigation, except by
permission of such State. Each State shall determine by regulations what constitutes munitions of
war or implements of war for the purposes of this Article, giving due consideration, for the
purposes of uniformity, to such recommendations as the International Civil Aviation
Organization may from time to time make. (b) Each contracting State reserves the right, for
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reasons of public order and safety, to regulate or prohibit the carriage in or above its territory of
articles other than those enumerated in paragraph (a): provided that no distinction is made in this
respect between its national aircraft engaged in international navigation and the aircraft of the
other States so engaged; and provided further that no restriction shall be imposed which may
interfere with the carriage and use on aircraft of apparatus necessary for the operation or
navigation of the aircraft or the safety of the personnel or passengers.
Article 36 Photographic apparatus: Each contracting State may prohibit or regulate the use of
photographic apparatus in aircraft over its territory.
CHAPTER VI INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES
Article 37 Adoption of international: standards and procedures Each contracting State undertakes
to collaborate in securing the highest practicable degree of uniformity in regulations, standards,
procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in
all matters in which such uniformity will facilitate and improve air navigation. To this end the
International Civil Aviation Organization shall adopt and amend from time to time, as may be
necessary, international standards and recommended practices and procedures dealing with: (a)
Communications systems and air navigation aids, including ground marking; (b) Characteristics
of airports and landing areas; (c) Rules of the air and air traffic control practices; (d) Licensing of
operating an mechanical personnel; (e) Airworthiness of aircraft; (f) Registration and
identification of aircraft; (g) Collection and exchange of meteorological information; (h) Log
books; (i) Aeronautical maps and charts; (j) Customs and immigration procedures; (k) Aircraft in
distress and investigation of accidents; and such other matters concerned with the safety,
regularity, and efficiency of air navigation as may from time to time appear appropriate.
Article 38 Departures from international: standards and procedures Any State which finds it
impracticable to comply in all respects with any such international standard or procedure, or to
bring its own regulations or practices into full accord with any international standard or
procedure after amendment of the latter, or which deems it necessary to adopt regulations or
practices differing in any particular respect from those established by an international standard,
shall give immediate notification to the International Civil Aviation Organization of the
differences between its own practice and that established by the international standard. In the
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case of amendments to international standards, any State which does not make the appropriate
amendments to its own regulations or practices shall give notice to the Council within sixty days
of the adoption of the amendment to the international standard, or indicate the action which it
proposes to take. In any such case, the Council shall make immediate notification to all other
states of the difference which exists between one or more features of an international standard
and the corresponding national practice of that State.
Article 39 Endorsement of certificates and licenses: (a) Any aircraft or part thereof with respect
to which there exists an international standard of airworthiness or performance, and which failed
in any respect to satisfy that standard at the time of its certification, shall have endorsed on or
attached to its airworthiness certificate a complete enumeration of the details in respect of which
it so failed. (b) Any person holding a license who does not satisfy in full the conditions laid down
in the international standard relating to the class of license or certificate which he holds shall
have endorsed on or attached to his license a complete enumeration of the particulars in which he
does not satisfy such conditions.
Article 40 Validity of endorsed:

certificates and licenses No aircraft or personnel having

certificates or licenses so endorsed shall participate in international navigation, except with the
permission of the State or States whose territory is entered. The registration or use of any such
aircraft, or of any certificated aircraft part, in any State other than that in which it was originally
certificated shall be at the discretion of the State into which the aircraft or part is imported.
Article 41 Recognition of existing: standards of airworthiness The provisions of this Chapter
shall not apply to aircraft and aircraft equipment of types of which the prototype is submitted to
the appropriate national authorities for certification prior to a date three years after the date of
adoption of an international standard of airworthiness for such equipment.
Article 42 Recognition of existing standards: of competency of personnel The provisions of this
Chapter shall not apply to personnel whose licences are originally issued prior to a date one year
after initial adoption of an international standard of qualification for such personnel; but they
shall in any case apply to all personnel whose licenses remain valid five years after the date of
adoption of such standard.
PART II THE INTERNATIONAL CIVIL AVIATION ORGANIZATION
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CHAPTER VII THE ORGANIZATION

Article 43 Name and composition: An organization to be named the International Civil Aviation
Organization is formed by the Convention. It is made up of an Assembly, a Council, and such
other bodies as may be necessary.
Article 44 Objectives: The aims and objectives of the Organization are to develop the principles
and techniques of international air navigation and to foster the planning and development of
international air transport so as to: (a) Insure the safe and orderly growth of international civil
aviation throughout the world; (b) Encourage the arts of aircraft design and operation for
peaceful purposes; (c) Encourage the development of airways, airports, and air navigation
facilities for international civil aviation; (d) Meet the needs of the peoples of the world for safe,
regular, efficient and economical air transport; (e) Prevent economic waste caused by
unreasonable competition; (f) Insure that the rights of contracting States are fully respected and
that every contracting State has a fair opportunity to operate international airlines; (g) Avoid
discrimination between contracting States; (h) Promote safety of flight in international air
navigation; (i) Promote generally the development of all aspects of international civil
aeronautics.
Article 45 Permanent seat: The permanent seat of the Organization shall be at such place as shall
be determined at the final meeting of the Interim Assembly of the Provisional International Civil
Aviation Organization set up by the Interim Agreement on International Civil Aviation signed at
Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decision of
the Council, and otherwise than temporarily by decision of the Assembly, such decision to be
taken by the number of votes specified by the Assembly. The number of votes so specified will
not be less than three-fifths of the total number of contracting States.
Article 46 First meeting of Assembly: The first meeting of the Assembly shall be summoned by
the Interim Council of the above-mentioned Provisional Organization as soon as the Convention
has come into force, to meet at a time and place to be decided by the Interim Council.
Article 47 Legal capacity: The Organization shall enjoy in the territory of each contracting State
such legal capacity as may be necessary for the performance of its functions. Full juridical

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personality shall be granted wherever compatible with the constitution and laws of the State
concerned.
CHAPTER VIII: THE ASSEMBLY
Article 48 Meetings of the Assembly and voting: (a) The Assembly shall meet not less than once
in three years and shall be convened by the Council at a suitable time and place. An
extraordinary meeting of the Assembly may be held at any time upon the call of the Council or at
the request of not less than one-fifth of the total number of contracting States addressed to the
Secretary General. (b) All contracting States shall have an equal right to be represented at the
meetings of the Assembly and each contracting State shall be entitled to one vote. Delegates
representing contracting States may be assisted by technical advisers who may participate in the
meetings but shall have no vote. (c) A majority of the contracting States is required to constitute
a quorum for the meetings of the Assembly. Unless otherwise provided in this Convention,
decisions of the Assembly shall be taken by a majority of the votes cast.
Article 49 Powers and duties of the Assembly: The powers and duties of the Assembly shall be
to: (a) Elect at each meeting its President and other officers; (b) Elect the contracting States to be
represented on the Council, in accordance with the provisions of Chapter IX; (c) Examine and
take appropriate action on the reports of the Council and decide on any matter referred to it by
the Council; (d) Determine its own rules of procedure and establish such subsidiary commissions
as it may consider to be necessary or desirable; (e) Vote annual budgets and determine the
financial arrangements of the Organization, in accordance with the provisions of Chapter XII; (f)
Review expenditures and approve the accounts of the Organization; (g) Refer, at its discretion, to
the Council, to subsidiary commissions, or to any other body any matter within its sphere of
action; (h) Delegate to the Council the powers and authority necessary or desirable for the
discharge of the duties of the Organization and revoke or modify the delegations of authority at
any time; (i) Carry out the appropriate provisions of Chapter XIII; (j) Consider proposals for the
modification or amendment of the provisions of this Convention and, if it approves of the
proposals, recommend them to the contracting States in accordance with the provisions of
Chapter XXI; (k) Deal with any matter within the sphere of action of the Organization not
specifically assigned to the Council.

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CHAPTER IX: THE COUNCIL

Article 50 Composition and election of Council: (a) The Council shall be a permanent body
responsible to the Assembly. It shall be composed of thirty-three contracting States elected by the
Assembly. An election shall be held at the first meeting of the Assembly and thereafter every
three years, and the members of the Council so elected shall hold office until the next following
election.

(b) In electing the members of the Council, the Assembly shall give adequate

representation to (1) the States of chief importance in air transport; (2) the States not otherwise
included which make the largest contribution to the provision of facilities for international civil
air navigation; and (3) the States not otherwise included whose designation will insure that all
the major geographic areas of the world are represented on the Council. Any vacancy on the
Council shall be filled by the Assembly as soon as possible; any contracting State so elected to
the Council shall hold office for the unexpired portion of its predecessor's term of office. (c) No
representative of a contracting State on the Council shall be actively associated with the
operation of an international air service or financially interested in such a service.
Article 51 President of Council: The Council shall elect its President for a term of three years.
He may be reelected. He shall have no vote. The Council shall elect from among its members
one or more Vice Presidents who shall retain their right to vote when serving as acting President.
The President need not be selected from among the representatives of the members of the
Council but, if a representative is elected, his seat shall be deemed vacant and it shall be filled by
the State which he represented. The duties of the President shall be to: (a) Convene meetings of
the Council, the Air Transport Committee, and the Air Navigation Commission; (b) Serve as
representative of the Council; and (c) Carry out on behalf of the Council the functions which the
Council assigns to him.
Article 52 Voting in Council: Decisions by the Council shall require approval by a majority of
its members. The Council may delegate authority with respect to any particular matter to a
committee of its members. Decisions of any committee of the Council may be appealed to the
Council by any interested contracting State.
Article 53 Participation without a vote: Any contracting State may participate, without a vote, in
the consideration by the Council and by its committees and commissions of any question which
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especially affects its interests. No member of the Council shall vote in the consideration by the
Council of a dispute to which it is a party.
Article 54 Mandatory functions of Council: The Council shall: (a) Submit annual reports to the
Assembly; (b) Carry out the directions of the Assembly and discharge the duties and obligations
which are laid on it by this Convention; (c) Determine its organization and rules of procedure;
(d) Appoint and define the duties of an Air Transport Committee, which shall be chosen from
among the representatives of the members of the Council, and which shall be responsible to it;
(e) Establish an Air Navigation Commission, in accordance with the provisions of Chapter X; (f)
Administer the finances of the Organization in accordance with the provisions of Chapters XII
and XV; (g) Determine the emoluments of the President of the Council; (h) Appoint a chief
executive officer who shall be called the Secretary General, and make provision for the
appointment of such other personnel as may be necessary, in accordance with the provisions of
Chapter XI; (i) Request, collect, examine and publish information relating to the advancement of
air navigation and the operation of international air services, including information about the
costs of operation and particulars of subsidies paid to airlines from public funds; (j) Report to
contracting States any infraction of this Convention, as well as any failure to carry out
recommendations or determinations of the Council; (k) Report to the Assembly any infraction of
this Convention where a contracting State has failed to take appropriate action within a
reasonable time after notice of the infraction; (l) Adopt, in accordance with the provisions of
Chapter VI of this Convention, international standards and recommended practices; for
convenience, designate them as Annexes to this Convention; and notify all contracting States of
the action taken; (m) Consider recommendations of the Air Navigation Commission for
amendment of the Annexes and take action in accordance with the provisions of Chapter XX; (n)
Consider any matter relating to the Convention which any contracting State refers to it.
Article 55: Permissive functions of Council: The Council may: (a) Where appropriate and as
experience may show to be desirable, create subordinate air transport commissions on a regional
or other basis and define groups of states or airlines with or through which it may deal to
facilitate the carrying out of the aims of this Convention; (b) Delegate to the Air Navigation
Commission duties additional to those set forth in the Convention and revoke or modify such
delegations of authority at any time; (c) Conduct research into all aspects of air transport and air
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navigation which are of international importance, communicate the results of its research to the
contracting States, and facilitate the exchange of information between contracting States on air
transport and air navigation matters; (d) Study any matters affecting the organization and
operation of international air transport, including the international ownership and operation of
international air services on trunk routes, and submit to the Assembly plans in relation thereto;
(e) Investigate, at the request of any contracting State, any situation which may appear to present
avoidable obstacles to the development of international air navigation; and, after such
investigation, issue such reports as may appear to it desirable.
CHAPTER X THE AIR NAVIGATION COMMISSION
Article 56: Nomination and appointment of Commission: The Air Navigation Commission shall
be composed of fifteen members appointed by the Council from among persons nominated by
contracting States. These persons shall have suitable qualifications and experience in the science
and practice of aeronautics. The Council shall request all contracting States to submit
nominations. The President of the Air Navigation Commission shall be appointed by the Council.
Article 57 Duties of Commission: The Air Navigation Commission shall: (a) Consider, and
recommend to the Council for adoption, modifications of the Annexes to this Convention; (b)
Establish technical subcommissions on which any contracting State may be represented, if it so
desires; (c) Advise the Council concerning the collection and communication to the contracting
States of all information which it considers necessary and useful for the advancement of air
navigation.
CHAPTER XI PERSONNEL
Article 58: Appointment of personnel: Subject to any rules laid down by the Assembly and to the
provisions of this Convention, the Council shall determine the method of appointment and of
termination of appointment, the training, and the salaries, allowances, and conditions of service
of the Secretary General and other personnel of the Organization, and may employ or make use
of the services of nationals of any contracting State.
Article 59 : International character of personnel: The President of the Council, the Secretary
General, and other personnel shall not seek or receive instructions in regard to the discharge of
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their responsibilities from any authority external to the Organization. Each contracting State
undertakes fully to respect the international character of the responsibilities of the personnel and
not to seek to influence any of its nationals in the discharge of their responsibilities.
Article 60: Immunities and privileges of personnel: Each contracting State undertakes, so far as
possible under its constitutional procedure, to accord to the President of the Council, the
Secretary General, and the other personnel of the Organization, the immunities and privileges
which are accorded to corresponding personnel of other public international organizations. If a
general international agreement on the immunities and privileges of international civil servants is
arrived at, the immunities and privileges accorded to the President, the Secretary General, and
the other personnel of the Organization shall be the immunities and privileges accorded under
that general international agreement.
CHAPTER XII FINANCE
Article 61 Budget and apportionment of expenses: The Council shall submit to the Assembly
annual budgets, annual statements of accounts and estimates of all receipts and expenditures. The
Assembly shall vote the budgets with whatever modification it sees fit to prescribe, and, with the
exception of assessments under Chapter XV to States consenting thereto, shall apportion the
expenses of the Organization among the contracting States on the basis which it shall from time
to time determine.
Article 62 Suspension of voting power: The Assembly may suspend the voting power in the
Assembly and in the Council of any contracting State that fails to discharge within a reasonable
period its financial obligations to the Organization.
Article 63 Expenses of delegations: and other representatives Each contracting State shall bear
the expenses of its own delegation to the Assembly and the remuneration, travel, and other
expenses of any person whom it appoints to serve on the Council, and of its nominees or
representatives on any subsidiary committees or commissions of the Organization.
CHAPTER XIII OTHER INTERNATIONAL ARRANGEMENTS

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Article 64 Security arrangements: The Organization may, with respect to air matters within its
competence directly affecting world security, by vote of the Assembly enter into appropriate
arrangements with any general organization set up by the nations of the world to preserve peace.
Article 65 Arrangements with other international bodies:

The Council, on behalf of the

Organization, may enter into agreements with other international bodies for the maintenance of
common services and for common arrangements concerning personnel and, with the approval of
the Assembly, may enter into such other arrangements as may facilitate the work of the
Organization.
Article 66 Functions relating to other agreements: (a) The Organization shall also carry out the
functions placed upon it by the International Air Services Transit Agreement and by the
International Air Transport Agreement drawn up at Chicago on December 7, 1944, in accordance
with the terms and conditions therein set forth. (b) Members of the Assembly and the Council
who have not accepted the International Air Services Transit Agreement or the International Air
Transport Agreement drawn up at Chicago on December 7, 1944 shall not have the right to vote
on any questions referred to the Assembly or Council under the provisions of the relevant
Agreement.
PART III INTERNATIONAL AIR TRANSPORT
CHAPTER XIV INFORMATION AND REPORTS
Article 67 File reports with Council: Each contracting State undertakes that its international
airlines shall, in accordance with requirements laid down by the Council, file with the Council
traffic reports, cost statistics and financial statements showing among other things all receipts
and the sources thereof.
CHAPTER XV AIRPORTS AND OTHER AIR NAVIGATION FACILITIES
Article 68 Designation of routes and airports: Each contracting State may, subject to the
provisions of this Convention, designate the route to be followed within its territory by any
international air service and the airports which any such service may use.

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Article 69 Improvement of air navigation facilities: If the Council is of the opinion that the
airports or other air navigation facilities, including radio and meteorological services, of a
contracting State are not reasonably adequate for the safe, regular, efficient, and economical
operation of international air services, present or contemplated, the Council shall consult with the
State directly concerned, and other States affected, with a view to finding means by which the
situation may be remedied, and may make recommendations for that purpose. No contracting
State shall be guilty of an infraction of this Convention if it fails to carry out these
recommendations.
Article 70 Financing of air navigation facilities: A contracting State, in the circumstances arising
under the provisions of Article 69, may conclude an arrangement with the Council for giving
effect to such recommendations. The State may elect to bear all of the costs involved in any such
arrangement. If the State does not so elect, the Council may agree, at the request of the State, to
provide for all or a portion of the costs.
Article 71 Provision and maintenance: of facilities by Council If a contracting State so requests,
the Council may agree to provide, man, maintain, and administer any or all of the airports and
other air navigation facilities including radio and meteorological services, required in its territory
for the safe, regular, efficient and economical operation of the international air services of the
other contracting States, and may specify just and reasonable charges for the use of the facilities
provided.
Article 72 Acquisition or use of land: Where land is needed for facilities financed in whole or in
part by the Council at the request of a contracting State, that State shall either provide the land
itself, retaining title if it wishes, or facilitate the use of the land by the Council on just and
reasonable terms and in accordance with the laws of the State concerned.
Article 73 Expenditure and assessment of funds: Within the limit of the funds which may be
made available to it by the Assembly under Chapter XII, the Council may make current
expenditures for the purposes of this Chapter from the general funds of the Organization. The
Council shall assess the capital funds required for the purposes of this Chapter in previously
agreed proportions over a reasonable period of time to the contracting States consenting thereto

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whose airlines use the facilities. The Council may also assess to States that consent any working
funds that are required.
Article 74 Technical assistance and utilization of revenues: When the Council, at the request of a
contracting State, advances funds or provides airports or other facilities in whole or in part, the
arrangement may provide, with the consent of that State, for technical assistance in the
supervision and operation of the airports and other facilities, and for the payment, from the
revenues derived from the operation of the airports and other facilities, of the operating expenses
of the airports and the other facilities, and of interest and amortization charges.
Article 75 Taking over of facilities from Council: A contracting State may at any time discharge
any obligation into which it has entered under Article 70, and take over airports and other
facilities which the Council has provided in its territory pursuant to the provisions of Articles 71
and 72, by paying to the Council an amount which in the opinion of the Council is reasonable in
the circumstances. If the State considers that the amount fixed by the Council is unreasonable it
may appeal to the Assembly against the decision of the Council and the Assembly may confirm
or amend the decision of the Council.
Article 76 Return of funds: Funds obtained by the Council through reimbursement under Article
75 and from receipts of interest and amortization payments under Article 74 shall, in the case of
advances originally financed by States under Article 73, be returned to the States which were
originally assessed in the proportion of their assessments, as determined by the Council.
CHAPTER XVI JOINT OPERATING ORGANIZATIONS AND POOLED SERVICES
Article 77 Joint operating organizations permitted: Nothing in this Convention shall prevent two
or more contracting States from constituting joint air transport operating organizations or
international operating agencies and from pooling their air services on any routes or in any
regions, but such organizations or agencies and such pooled services shall be subject to all the
provisions of this Convention, including those relating to the registration of agreements with the
Council. The Council shall determine in what manner the provisions of this Convention relating
to nationality of aircraft shall apply to aircraft operated by international operating agencies.

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Article 78 Function of Council: The Council may suggest to contracting States concerned that
they form joint organizations to operate air services on any routes or in any regions.
Article 79 Participation in operating organizations: A State may participate in joint operating
organizations or in pooling arrangements, either through its government or through an airline
company or companies designated by its government. The companies may, at the sole discretion
of the State concerned, be state-owned or partly stateowned or privately owned.
PART IV FINAL PROVISIONS
CHAPTER XVII OTHER AERONAUTICAL AGREEMENTS AND ARRANGEMENTS
Article 80 Paris and Habana Conventions: Each contracting State undertakes, immediately upon
the coming into force of this Convention, to give notice of denunciation of the Convention
relating to the Regulation of Aerial Navigation signed at Paris on October 13, 1919 or the
Convention on Commercial Aviation signed at Habana on February 20, 1928, if it is a party to
either. As between contracting States, this Convention supersedes the Conventions of Paris and
Habana previously referred to.
Article 81 Registration of existing agreements: All aeronautical agreements which are in
existence on the coming into force of this Convention, and which are between a contracting State
and any other State or between an airline of a contracting State and any other State or the airline
of any other State, shall be forthwith registered with the Council.
Article 82 Abrogation of inconsistent arrangements: The contracting States accept this
Convention as abrogating all obligations and understandings between them which are
inconsistent with its terms, and undertake not to enter into any such obligations and
understandings. A contracting State which, before becoming a member of the Organization has
undertaken any obligations toward a non-contracting State or a national of a contracting State or
of a non-contracting State inconsistent with the terms of this Convention, shall take immediate
steps to procure its release from the obligations. If an airline of any contracting State has entered
into any such inconsistent obligations, the State of which it is a national shall use its best efforts
to secure their termination forthwith and shall in any event cause them to be terminated as soon
as such action can lawfully be taken after the coming into force of this Convention.
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Article 83 Registration of new arrangements: Subject to the provisions of the preceding Article,
any contracting State may make arrangements not inconsistent with the provisions of this
Convention. Any such arrangement shall be forthwith registered with the Council, which shall
make it public as soon as possible.
CHAPTER XVIII DISPUTES AND DEFAULT
Article 84 Settlement of disputes: If any disagreement between two or more contracting States
relating to the interpretation or application of this Convention and its Annexes cannot be settled
by negotiation, it shall, on the application of any State concerned in the disagreement, be decided
by the Council. No member of the Council shall vote in the consideration by the Council of any
dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the
decision of the Council to an ad hoc arbitral tribunal agreed upon with the other parties to the
dispute or to the Permanent Court of International Justice. Any such appeal shall be notified to
the Council within sixty days of receipt of notification of the decision of the Council.
Article 85 Arbitration procedure: If any contracting State party to a dispute in which the decision
of the Council is under appeal has not accepted the Statute of the Permanent Court of
International Justice and the contracting States parties to the dispute cannot agree on the choice
of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single
arbitrator who shall name an umpire. If either contracting State party to the dispute fails to name
an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be
named on behalf of that State by the President of the Council from a list of qualified and
available persons maintained by the Council. If, within thirty days, the arbitrators cannot agree
on an umpire, the President of the Council shall designate an umpire from the list previously
referred to. The arbitrators and the umpire shall then jointly constitute an arbitral tribunal. Any
arbitral tribunal established under this or the preceding Article shall settle its own procedure and
give its decisions by majority vote, provided that the Council may determine procedural
questions in the event of any delay which in the opinion of the Council is excessive.
Article 86 Appeals: Unless the Council decides otherwise any decision by the Council on
whether an international airline is operating in conformity with the provisions of this Convention
shall remain in effect unless reversed on appeal. On any other matter, decisions of the Council
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shall, if appealed from, be suspended until the appeal is decided. The decisions of the Permanent
Court of International Justice and of an arbitral tribunal shall be final and binding.
Article 87 Penalty for non-conformity of airline: Each contracting State undertakes not to allow
the operation of an airline of a contracting State through the airspace above its territory if the
Council has decided that the airline concerned is not conforming to a final decision rendered in
accordance with the previous Article.
Article 88 Penalty for non-conformity by State: The Assembly shall suspend the voting power in
the Assembly and in the Council of any contracting State that is found in default under the
provisions of this Chapter.
CHAPTER XIX WAR
Article 89 War and emergency conditions: In case of war, the provisions of this Convention shall
not affect the freedom of action of any of the contracting States affected, whether as belligerents
or as neutrals. The same principle shall apply in the case of any contracting State which declares
a state of national emergency and notifies the fact to the Council.
CHAPTER XX ANNEXES
Article 90 Adoption and amendment of Annexes: (a) The adoption by the Council of the Annexes
described in Article 54, subparagraph (l), shall require the vote of two-thirds of the Council at a
meeting called for that purpose and shall then be submitted by the Council to each contracting
State. Any such Annex or any amendment of an Annex shall become effective within three
months after its submission to the contracting States or at the end of such longer period of time
as the Council may prescribe, unless in the meantime a majority of the contracting States register
their disapproval with the Council. (b) The Council shall immediately notify all contracting
States of the coming into force of any Annex or amendment thereto.
CHAPTER

XXI

RATIFICATIONS,

ADHERENCES,

AMENDMENTS,

AND

DENUNCIATIONS
Article 91 Ratification of Convention: (a) This Convention shall be subject to ratification by the
signatory States. The instruments of ratification shall be deposited n the archives of the
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Government of the United States of America, which shall give notice of the date of the deposit to
each of the signatory and adhering States. (b) As soon as this Convention has been ratified or
adhered to by twenty-six States it shall come into force between them on the thirtieth day after
deposit of the twenty-sixth instrument. It shall come into force for each State ratifying thereafter
on the thirtieth day after the deposit of its instrument of ratification. (c) It shall be the duty of the
Government of the United States of America to notify the government of each of the signatory
and adhering States of the date on which this Convention comes into force.
Article 92 Adherence to Convention: (a) This Convention shall be open for adherence by
members of the United Nations and States associated with them, and States which remained
neutral during the present world conflict. (b) Adherence shall be effected by a notification
addressed to the Government of the United States of America and shall take effect as from the
thirtieth day from the receipt of the notification by the Government of the United States of
America, which shall notify all the contracting States.
Article 93 Admission of other States: States other than those provided for in Articles 91 and 92
(a) may, subject to approval by any general international organization set up by the nations of the
world to preserve peace, be admitted to participation in this Convention by means of a four-fifths
vote of the Assembly and on such conditions as the Assembly may prescribe: provided that in
each case the assent of any State invaded or attacked during the present war by the State seeking
admission shall be necessary.
Article 93 bis: a) Notwithstanding the provisions of Articles 91, 92 and 93 above: (1) A State
whose government the General Assembly of the United Nations has recommended be debarred
from membership in international agencies established by or brought into relationship with the
United Nations shall automatically cease to be a member of the International Civil Aviation
Organization; (2) A State which has been expelled from membership in the United Nations shall
automatically cease to be a member of the International Civil Aviation Organization unless the
General Assembly of the United Nations attaches to its act of expulsion a recommendation to the
contrary. (b) A State which ceases to be a member of the International Civil Aviation
Organization as a result of the provisions of paragraph (a) above may, after approval by the
General Assembly of the United Nations, be readmitted to the International Civil Aviation
Organization upon application and upon approval by a majority of the Council. (c) Members of
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the Organization which are suspended from the exercise of the rights and privileges of
membership in the United Nations shall, upon the request of the latter, be suspended from the
rights and privileges of membership in this Organization.
Article 94 Amendment of Convention: (a) Any proposed amendment to this Convention must be
approved by a two-thirds vote of the Assembly and shall then come into force in respect of States
which have ratified such amendment when ratified by the number of contracting States specified
by the Assembly. The number so specified shall not be less than twothirds of the total number of
contracting States. (b) If in its opinion the amendment is of such a nature as to justify this course,
the Assembly in its resolution recommending adoption may provide that any State which has not
ratified within a specified period after the amendment has come into force shall thereupon cease
to be a member of the Organization and a party to the Convention.
Article 95 Denunciation of Convention: (a) Any contracting State may give notice of
denunciation of this Convention three years after its coming into effect by notification addressed
to the Government of the United States of America, which shall at once inform each of the
contracting States. (b) Denunciation shall take effect one year from the date of the receipt of the
notification and shall operate only as regards the State effecting the denunciation.
CHAPTER XXII DEFINITIONS
Article 96 For the purpose of this Convention the expression: (a) "Air service" means any
scheduled air service performed by aircraft for the public transport of passengers, mail or cargo.
(b) "International air service" means an air service which passes through the air space over the
territory of more than one State. (c) "Airline" means any air transport enterprise offering or
operating an international air service. d) "Stop for non-traffic purposes" means a landing for any
purpose other than taking on or discharging passengers, cargo or mail.
SIGNATURE OF CONVENTION IN WITNESS WHEREOF, the undersigned plenipotentiaries,
having been duly authorized, sign this Convention on behalf of their respective governments on
the dates appearing opposite their signatures.
DONE at Chicago the seventh day of December 1944, in the English language. A text drawn up
in the English, French and Spanish languages, each of which shall be of equal authenticity, shall
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be open for signature at Washington, D.C. Both texts shall be deposited in the archives of the
Government of the United States of America, and certified copies shall be transmitted by that
Government to the governments of all the States which may sign or adhere to this Convention.

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