Section 12 in The Aircraft (Investigation of Accidents and Incidents) Rules, 2012
12. Formal Investigation.
- Where it appears to the Central Government that it is expedient to hold a formal investigation of an accident, it may, whether or not an inquiry has been made under rule 11, by order, direct a formal investigation to be held and with respect to any such formal investigation the following provisions shall apply, namely:-(1)The Central Government shall appoint a competent person (hereinafter referred to as "the Court"), to hold the investigation, and may appoint one or more persons possessing legal aeronautical, engineering, or other special knowledge to act as assessors. It may also direct that the Court and the assessors shall receive such remuneration it may determine.(2)On the appointment of the Court, all other investigations ordered under these rules shall be treated as closed and all relevant material on the subject shall be transferred to the Court.(3)The Court shall holey the investigation in open court in such manner and under such conditions as the Court may think fit for ascertaining the causes and circumstances of the accident and for enabling it to make the report hereinafter mentioned:Provided that where the Court is of opinion that holding the investigation is likely -(a)to be prejudicial to the interests of any country; or(b)to jeopardise the personal safety of a person who is willing to make any statement or give evidence,the Court may, hold in camera, the whole or part of the investigation.(4)The Court shall have, for the purpose of the investigation, all the powers of a Civil Court under the Code or Civil Procedure, 1908 (5 of 1908) and without prejudice to these powers the Court may:-(a)enter and inspect, or authorise any person to enter and inspect, any place or building, the entry or inspection whereof appears to the Court requisite for the purposes of the investigation; and(b)enforce the attendance of witnesses and compel the production of documents and material objects; and every person required by the Court to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code (45 of 1860).(5)The assessors shall have the same powers of entry and inspection as the Court.(6)Every person attending as a witness before the Court shall be allowed such expenses as the Court may consider reasonable:Provided that, in the case of the owner or hirer of any aircraft concerned in the accident and of any person in his employment or to any other person concerned in the accident, any such expenses may be disallowed if the Court, in its discretion, so directs.(7)The Court shall make a report to the Central Government in the format specified by the Bureau based on relevant standard of Annex 13.(8)The assessors shall either sign the report, with or without reservations, or state in writing their dissent therefrom and their reasons for such dissent, and such reservations or dissent and reason if any shall be forwarded to the Central Government with the report.
