Bharatiya Vayuyan Adhiniyam, 2024 Establishes New Regulatory Framework for Indian Civil Aviation

Parliament enacted the Bharatiya Vayuyan Adhiniyam, 2024, which received the President's assent on December 11, 2024, and was subsequently published for general information as Act No. 16 of 2024. This significant legislation was introduced to provide for the comprehensive regulation and control of various aspects of civil aviation in India. The Act's core purpose, as stated in its preamble, is to provide: “...for regulation and control of the design, manufacture, maintenance, possession, use, operation, sale, export and import of aircraft and for matters connected therewith or incidental thereto.” The new Act will come into force on a date to be appointed by the Central Government through a notification in the Official Gazette. It extends to the whole of India and applies to Indian citizens globally, aircraft registered in India and persons on board them wherever they may be, and aircraft registered outside India but present in or over Indian territory. It also covers aircraft operated by non-citizens with a principal place of business or permanent residence in India.

The legislation establishes the Directorate General of Civil Aviation (DGCA), the Bureau of Civil Aviation Security (BCAS), and the Aircraft Accidents Investigation Bureau (AAIB) as statutory bodies, deeming them constituted under this Act, thereby replacing their previous status under the repealed Aircraft Act, 1934. These bodies are tasked with safety oversight, regulatory functions, civil aviation security, and the investigation of aircraft accidents and incidents, respectively. The Central Government retains superintendence over these organisations and holds extensive powers, including the authority to issue directions, review orders passed by the Directors General, and make rules governing a wide array of civil aviation activities. These include the regulation of air transport services, economic regulation of civil aviation (excluding certain tariffs under the Airports Economic Regulatory Authority of India Act, 2008), licensing and inspection of aerodromes (defined as ground or water areas for aircraft operations), aircraft design, manufacture, maintenance, registration, and marking. The Act also covers the conditions for aircraft flight, carriage of passengers and goods, licensing of aviation personnel, air traffic control, communication and navigation facilities, and measures to safeguard civil aviation against unlawful interference. Furthermore, it empowers the Central Government to make rules for investigating accidents, protecting public health from infectious diseases spread by aircraft, and exercising emergency powers in the interest of public safety or tranquillity, such as cancelling licenses or prohibiting flights over specified areas. Provisions are also made for compensation to persons sustaining loss or damage due to government directions, particularly concerning restrictions on construction or tree planting near aerodromes (aerodrome reference point refers to a designated point at or near the geometric centre of the aerodrome's landing/departure area). Penalties for contraventions, including those related to dangerous goods, flying in a dangerous manner, or failing to comply with directions, have been significantly enhanced, with fines potentially extending to one crore rupees. The Act also introduces provisions for the compounding of certain offences and establishes an appellate mechanism for aggrieved persons.

The primary objective of the Bharatiya Vayuyan Adhiniyam, 2024, is to modernize and consolidate the legal framework governing civil aviation in India, replacing the nearly century-old Aircraft Act, 1934. The earlier legal position, while foundational, was deemed insufficient to address the complexities and rapid advancements in contemporary aviation. The new Act aims to fill statutory gaps and limitations by providing a more robust and comprehensive regulatory regime that aligns with international standards and recommended practices, particularly those outlined in the Convention relating to International Civil Aviation signed at Chicago in 1944. It introduces new rights and obligations for various stakeholders in the aviation sector, from manufacturers and operators to individual personnel. The legislation seeks to enhance safety oversight and security measures, streamline regulatory processes, and ensure effective enforcement through clearer provisions for penalties and adjudication. By establishing the DGCA, BCAS, and AAIB as statutory bodies, the Act intends to provide them with greater legal backing and operational autonomy in carrying out their critical functions. The provisions for controlling obstructions around aerodromes and for protecting public health underscore a holistic approach to aviation safety and public welfare. The Act also ensures continuity by deeming actions taken under the repealed Aircraft Act, 1934, as valid under the corresponding provisions of the new legislation, provided they are not inconsistent.

Keywords: Bharatiya Vayuyan Adhiniyam, Civil Aviation, Aircraft Regulation, DGCA, BCAS, AAIB, Aviation Safety, India

Geo Tags: India, New Delhi District: Not Applicable