The Bhartiya Vayuyan Vidheyak, 2024 seeks to overhaul and modernize the regulatory framework governing India’s civil aviation sector. Replacing the outdated Aircraft Act of 1934, the bill aims to address ambiguities, enhance safety measures, and align India’s aviation policies with global standards like the Chicago Convention of 1944. Its objective is to regulate the design, manufacture, maintenance, possession, use, operation, sale, export, and import of aircraft while fostering growth in the aviation sector through clearer, streamlined laws.
The Act establishes three key regulatory bodies: –
- The Directorate General of Civil Aviation (DGCA) is entrusted with safety oversight and regulatory functions related to aircraft operations and personnel licensing.
- The Bureau of Civil Aviation Security (BCAS) oversees the implementation of aviation security measures to safeguard civil aviation from unlawful interference.
- The Aircraft Accidents Investigation Bureau (AAIB) is responsible for investigating aircraft accidents and incidents.
These authorities are empowered to issue directions and enforce compliance in the interest of national security and public safety.
The central government holds extensive powers under this Act. It can supervise the functioning of the DGCA, BCAS, and AAIB and issue binding directions to these authorities. Rules can be made for regulating aircraft design, licensing, and operations, ensuring safety in aviation services, and protecting public health in cases of infectious disease outbreaks. The government also has emergency powers to issue orders to ensure public safety or tranquility, including detention of aircraft, regulation of flights, and demolition of structures that pose a risk to aviation safety.
Provisions for compensation and penalties are a significant feature of the bill. If property or business operations are affected due to safety directives, individuals are entitled to compensation, determined through arbitration if required. The bill also introduces stringent penalties for violations, with fines up to ₹1 crore and imprisonment for offences such as dangerous aircraft operations, regulatory non-compliance, and unauthorized actions near airports.
The legislation emphasizes modernization by enabling ease of doing business and aligning regulatory practices with international standards. It provides a clear framework for handling aviation-related offences, including provisions for compounding minor infractions and an appeals mechanism for disputes. To ensure consistency and protect military interests, the bill saves actions taken under the Aircraft Act, 1934, and exempts certain armed forces’ aircraft from its provisions.
Overall, the Bhartiya Vayuyan Vidheyak, 2024 is a comprehensive reform aimed at enhancing safety, security, and operational efficiency in India’s aviation sector. It balances regulatory oversight with industry growth and aligns domestic laws with international commitments, creating a robust legal framework for the future of Indian aviation.
Comparative table between the two
Here’s a comparative table highlighting the key features of the Aircraft Act, 1934 and the proposed Bhartiya Vayuyan Vidheyak, 2024:
| Aspect |
Aircraft Act, 1934 |
Bhartiya Vayuyan Vidheyak, 2024 |
|
Objective |
Regulates manufacture, possession, operation, sale, import, and export of aircraft. |
Comprehensive overhaul to modernize aviation regulations, emphasizing safety, security, and alignment with international standards. |
|
Applicability |
Applies to all Indian citizens, aircraft registered in India, and foreign aircraft in Indian airspace. |
Extends to all aircraft in India, Indian citizens globally, and foreign aircraft operating in India. |
|
Key Regulatory Authorities |
Directorate General of Civil Aviation (DGCA). |
Expands roles of DGCA, adds Bureau of Civil Aviation Security (BCAS) and Aircraft Accidents Investigation Bureau (AAIB). |
|
Safety and Oversight |
Focuses on licensing, inspection, and regulation of aircraft and personnel. |
Introduces robust safety measures with clear directives for accident investigation and safety oversight. |
| Emergency Powers |
Empowers the government to restrict aircraft operations, suspend licenses, and regulate construction near aerodromes. |
Strengthens emergency provisions, allowing for public health measures, demolition of risky structures, and enhanced airspace control. |
|
Public Health |
Allows rules for controlling the spread of infectious diseases via aircraft. |
Builds on this by specifying more detailed mechanisms for pandemic preparedness and response. |
| Penalties |
Imposes fines and imprisonment for unsafe practices and regulatory breaches. |
Increases fines (up to ₹1 crore) and imprisonment durations to deter violations. Introduces penalties for emerging aviation risks. |
|
Compensation Mechanism |
Provides for arbitration to settle disputes regarding compensation for affected properties. |
Retains arbitration but specifies detailed guidelines for fair and transparent compensation. |
|
International Alignment |
Implements provisions of the Chicago Convention, 1944. |
Reaffirms adherence to international standards while expanding India’s role in global aviation. |
|
Modernization |
Largely retains original provisions with periodic amendments. |
Introduces a more comprehensive framework to address modern challenges, including digitalization and technological advancements. |
|
Exemptions |
Exempts military aircraft and personnel from its provisions. |
Continues to exempt armed forces’ aircraft but specifies safeguards for civilian airspace. |
|
Miscellaneous Provisions |
Covers wreckage handling, unclaimed property, and immunity for acts in good faith. |
Expands these provisions, adding clarity on legal processes and streamlining administrative actions. |
|
Repeal and Continuity |
Original act with amendments from time to time. |
Fully replaces the Aircraft Act, 1934, while retaining actions taken under its framework for legal continuity. |
Disclaimer: The information published in the above newsletter is collected from various sources in electronic medium and analyzed by the firm. The reader is advised to consult the attorney qualified in their jurisdiction, before acting on any information contained in this newsletter. India Juris excepts no liability what so ever in this regard.
