Parliament Enacts New Law for Comprehensive Civil Aviation Regulation

The Parliament of India has enacted The Bharatiya Vayuyan Adhiniyam, 2024, an Act of Parliament, which received the President's assent on December 11, 2024, and is designated as Act No. 16 of 2024. This significant legislation aims to provide for the regulation and control of various aspects of aircraft, including their design, manufacture, maintenance, possession, use, operation, sale, export, and import, along with all connected or incidental matters. The Act 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, aircraft registered outside India but temporarily within or over Indian territory, and aircraft operated by non-citizens with a principal place of business or permanent residence in India. The Central Government will appoint a date for its commencement through a notification in the Official Gazette.

A central feature of the new Act is the formal constitution of key regulatory bodies. The Directorate General of Civil Aviation (DGCA), the Bureau of Civil Aviation Security (BCAS), and the Aircraft Accidents Investigation Bureau (AAIB), previously constituted under the repealed Aircraft Act, 1934, are now deemed constituted under this new Act. Each body will be headed by a Director General appointed by the Central Government and will be responsible for specific functions: the DGCA for safety oversight and regulatory functions, the BCAS for civil aviation security oversight, and the AAIB for investigating aircraft accidents and incidents. The Central Government retains superintendence over these bodies and possesses the power to issue directions to them, as well as to review orders passed by the Directors General of Civil Aviation and Civil Aviation Security. The Act grants the Central Government extensive powers to make rules governing a wide array of aviation activities, from air transport services and economic regulation (including tariff approval for operators) to the licensing of personnel, inspection of aerodromes, and measures to safeguard civil aviation against unlawful interference. It also includes provisions for the prevention of danger to public health from infectious diseases via aircraft and emergency powers for the Central Government in matters of public safety or tranquillity, including the cancellation of licenses or prohibition of flights. The legislation provided: “An Act 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 legislative intent behind 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. This move addresses the evolving complexities of the aviation sector, including technological advancements, increased air traffic, and enhanced security concerns. The Act aims to fill statutory gaps and limitations of the previous framework by providing a more comprehensive and robust regulatory mechanism. It introduces new obligations and strengthens existing ones, particularly concerning safety, security, and economic regulation of air transport services. For instance, it explicitly details the powers of the Central Government to regulate tariffs for air transport services, a critical aspect of economic oversight. The Act also aligns Indian aviation law with international standards and recommended practices, particularly those stemming from the Convention relating to International Civil Aviation signed at Chicago in 1944. Enforcement mechanisms are clearly defined, including penalties for contraventions, which can extend to imprisonment for up to three years or fines up to one crore rupees, and provisions for the compounding of certain offences. A significant aspect is the provision for compensation to individuals who suffer loss or damage due to directions issued by the Central Government, such as those prohibiting or regulating construction near aerodromes, ensuring that public interest measures are balanced with individual rights. The Act also outlines an appeal process for aggrieved persons against orders passed by regulatory authorities. The repeal of the Aircraft Act, 1934, signifies a complete overhaul, with a savings clause ensuring that actions taken under the old Act, if consistent with the new provisions, are deemed valid.

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

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