Dec 16, 2024

Bharatiya Vayuyan Vidheyak

The Bharatiya Vayuyan Adhiniyam, 2024 (New Aircraft Act) has received the assent of the President of India on December 11, 2024. The New Aircraft Act will come into force on the date appointed by the Central Government and will then replace the Aircraft Act, 1934. While the New Aircraft Act retains most of the provisions of the Aircraft Act, 1934, it removes certain redundancies. Some key features of the New Aircraft Act are:

  • Definitions of ‘design’, ‘maintenance’ and ‘manufacture’ introduced: The Central Government may make rules regulating the ‘design’, ‘manufacture’ and ‘maintenance’ of aircraft.
  • Issue of radio license for operation and maintenance of aircraft: The Central Government may make rules for the issue of Radio Telephone Operator (Restricted) Certificate and License in connection with operation and maintenance of aircraft. At present, such certificates and licenses are issued by the Ministry of Communications, Government of India.
  • Reasons for cancellation/suspension of licenses: The Central Government is required to specify reasons for suspension, cancellation or imposition of restrictions on license holders after giving such person an opportunity of being heard.
  • Appeals from orders for contravention: Appeals can be made to two ranks of appellate officers in the Directorate General of Civil Aviation (DGCA) or the Bureau of Civil Aviation Security (BCAS) who have jurisdiction who may pass an order confirming, modifying or setting aside the order appealed. Additionally, appeals against such orders of the DGCA or BCAS will lie to the Central Government. No further appeal shall lie against an order of the Central Government. Appeals are to be filed within thirty days from receipt of the order (extendable by up to thirty days).

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