The Central Government in 1934 enacted the Aircrafts Act with the intent to formulate improved provision for the management of the production, ownership, exploitation, function, sale, importation and export of aircraft. The application of the Act expands to the citizens in India and abroad and also the aircrafts and the people in such aircraft which is registered either in India or overseas, but at present in India.
The Act empowers the Central Government to formulate rules for avoiding threat that occurs to public health due to the spread of certain diseases, by notifying in the Gazette of India. It also empowers the Central Government to restrict or control erection of structure, planting of trees etc. Where an individual sustains any loss or harm such individual shall be recompensed as specified under the 1934 Act and the compensation shall be determined by Arbitrator. If a person aggrieved by the order of the arbitrator, such person shall prefer an appeal to the concerned High Court. The original Act also punishes for flying an airplane so as to cause hazard to someone or his property.
In 2007, the Aircrafts (Amendment) Act was enacted with intent to modify and regulate the law relating to Aircrafts in India. In the civil aviation division in India, numerous reforms have been concluded in the past two decades. In 1994, private sector was given opportunity to take position of the domestic air transportation services. The Airports Authority was empowered to administer and control the airdromes, the navigation, facilities for communication services and to direct the air traffic at airports. At present, the administration system has traversed from land based expertise to satellite based expertise. Hence, it turned out to be essential for incorporating proper safeguards to guarantee security of civil aviation in opposition to unauthorized intervention.
The driving force behind the amendment was to put down the principles of International Civil Aviation Organization which aimed at the protection and defense of civil aviation. The amendment also fulfils the necessary additions in consonance with the provisions of the Chicago Convention on International Civil Aviation concluded at the auspices of the United Nations in 1934. The main objective behind the modifications of the 1934 Act was to standardize aircrafts registered in foreign country which is at present functioning within or over India. The Act authorizes the Central Government to grant license to workforce employed to command over the air traffic. The Union shall endorse, examine and control communication, routing and inspection and supervision of air traffic. The Act aims to protect civil aviation from unauthorized interruption and make sure the security and defense of civil aviation.
According to the provisions of the Act, the Central Government shall inspect accident along with other happenings. The Act also grants power to the Director General of Civil Aviation to oversee safety measures and the functions related therewith. The Act also imposes penalty for disregard of the provisions of the Act and of Chicago Convention. The Act enhances the penalty for contravening the rules dealing with aircraft carriage with arms or anything likely to explode. The Act also penalizes for furnishing false information or supporting of offenses or disobedience of the orders. The ambit of authority of the Director General of Civil Aviation is also provided under the Act.
The Aircraft (Amendment) Bill acknowledged the consent of the President on 5th day of December 2007. The Act came into effect on the date when published in the Gazette of India.Hence the Act proved to be a necessary legislation for maintaining the security and defense of the nation. The Act also made significant changes in conformity with international conventions and also with the changing needs of the country.