(1)[Subject to the provisions of section 14 the Central Government] may, by notification in the Official Gazette, make rules regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft [and for securing the safety of aircraft operations.] [Inserted by Act 12 of 1972, Section 4 (w..e.f 20.4.1972). ](2)Without prejudice to the generality of the foregoing power, such rules may provide for--(a)the authorities by which any of the powers conferred by or under this Act are to be exercised;(aa)[ the regulation of air transport services, and the prohibition of the use of aircraft in such services except under the authority of and in accordance with a license authorising the establishment of the service; [Inserted by Act 5 of 1944, Section 2 (w.e.f. 7.3.1944). ](ab)[ the economic regulation of civil aviation and air transport services, including the approval, disapproval [or revision on tariff of operators of air transport services other than the tariff referred to in clause (a) of sub-section (1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008]; the officers or authorities who may exercise powers in this behalf; the procedure to be followed, and the factors to be taken into account by such officers or authorities; appeals to the Central Government against orders of such officers or authorities and all other matters connected with such tariff.Explanation.-For the purposes of this clause, "tariff" includes fares, rates, valuation charges and other charges for air transport of passengers or goods, the rules, regulations, practices or services affecting such fares, rates valuation charges and other charges and rates, terms and conditions of commission payable to passenger or cargo sales agents;](ac)[] [Clause (ab) re-lettered as clause (ac) by Act 1 of 1983, Section 2 (w.e.f. 26.3.1983). ] the Information to be furnished by an applicant for, or the holder of, a license authorising the establishment of an air transport service to such authorities as may be specified in the rules;(b)[ the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained and the prohibition or regulation of the use of unlicensed aerodromes; [Substituted by Act 44 of 2007, Section 5, for Clause (b). ](ba)the fees which may be charged at those aerodromes to which the Airports Authority of India Act, 1994 (55 of 1994) does not apply or is not made applicable.][* * *] [Proviso omitted by Act 55 of 1994, Section 45 (w.e.f. 1.4.1995). ](c)the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are being manufactured, repaired or kept;(d)the registration and marking of aircraft;(e)the conditions under which aircraft may be flown, or may carry passengers, mails or goods, or may be used for industrial purposes and the certificates, licenses or documents to be carried by aircraft;(f)the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules thereunder, and the facilities to be provided for such inspection;(g)the licensing of persons employed in the operation, manufacture, repair or maintenance of aircraft;(ga)[ the licensing of persons engaged in air traffic control; [Inserted by Act 44 of 2007, Section 5. ](gb)the certification, inspection and regulation of communication, navigation and surveillance or air traffic management facilities;(gc)the measures to safeguard civil aviation against acts of unlawful interference;](gd)the regulation of air navigation services, that is, aeronautical information services, aeronautical charting and cartography services, aeronautical meteorological services, search and rescue services, procedure for air navigation services and aircraft operations other than those referred to in clause (gb) and any other matter relating to air navigation services;(h)the air-routes by which and the conditions under which aircraft may enter or leave [India] [Substituted by Act 24 of 1948, Section 3, for " the Provinces" (w.e.f. 12.4.1948). ], or may fly over [India] [Substituted by Act 24 of 1948, Section 3, for " the Provinces" (w.e.f. 12.4.1948). ], and the places at which aircraft shall land;(i)the prohibition of flight by aircraft over any specified area, either absolutely or at specified times or subject to specified conditions and exceptions;(j)the supply, supervision and control of air-route beacons, aerodrome lights, and lights at or in the neighbourhood of aerodromes or on or in the neighbourhood of air-routes;(jj)[ the installation and maintenance of lights on private property in the neighbourhood of aerodromes or on or in the neighbourhood of air-routes, by the owners or occupiers of such property, the payment by the Central Government for such installation and maintenance, and the supervision and control of such installation and maintenance, including the right of access to the property for such purposes;] [Inserted by Act 37 of 1939, Section 4 (w.e.f. 29.9.1939). ](k)the signals to be used for purposes of communication by or to aircraft and the apparatus to be employed in signalling;(l)the prohibition and regulation of the carriage in aircraft of any specified article or substance;(m)the measures to be taken and the equipment to be carried for the purpose of ensuring the safety of life;(n)the issue and maintenance of log-books;(o)the manner and conditions of the issue or renewal of any license or certificate under the Act or the rules, the examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender of such license or certificate, or of any log-book;(p)the fees to be charged in connection with any inspection, examination, test, certificate or license, made, issued or renewed under this Act;(q)the recognition for the purposes of this Act of licenses and certificates issued elsewhere than in [India] [Substituted by Act 24 of 1948, Section 3, for " the Provinces" (w.e.f. 12.4.1948). ] relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft [*] [The words " and" omitted by Act 12 of 1972, Section 4 (w.e.f. 20.4.1972). ];(qa)[ the prohibition of slaughtering and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matter within a radius of ten kilometres from the aerodrome reference point;] [Inserted by Act 12 of 1972, Section 4 (w.e.f. 20.4.1972). ](qb)safety oversight and regulatory functions;(qc)regulatory and oversight functions in respect of matters relating to civil aviation security; and.(r)any matter subsidiary or incidental to the matters referred to in this sub-section.[* * *] [Sub-Section (3) omitted by Act 44 of 1960, Section 3 (w.e.f. 26.11.1960). ][5A. Power to issue directions.-(1)The Director-General of Civil Aviation or any other officer specially empowered in this behalf by the Central Government may, from time to time, by order, issue directions, consistent with the provisions of this Act and the rules made thereunder, with respect to any of the matters specified in [clauses (aa), (b), (c), (e), (f), (g), (ga), (gb), (gc), (h), (i), (m) and (qa) (qb) of sub-section (2) of section 5, to any person or persons using any aerodrome or engaged in the aircraft operations, air traffic control, maintenance and operation of aerodrome, communication, navigation, surveillance and air traffic management facilities and safeguarding civil aviation against acts of unlawful interference] in any case where the Director-General of Civil Aviation or such other officer is satisfied that in the interests of the security of India or for securing the safety of aircraft operations it is necessary so to do.(1A)The Director General of Bureau of Civil Aviation Security or any other officer specially empowered in this behalf by the Central Government may, from time to time, by order, issue directions, consistent with the provisions of this Act and the rules made thereunder , with respect to any of the matters specified in clauses (e), (f), (gc) and (qc) of sub-section (2) of section 5, to any person or persons using any aerodrome, or engaged in the aircraft operations, air traffic control, maintenance and operation of aerodrome, or safeguarding civil aviation against acts of unlawful interference, in any case where the Director General of Bureau of Civil Aviation Security or such other officer is satisfied that in the interests of the security of India or to ensure security of civil aviation operations, it is necessary so to do.(1B)On receipt of a representation from any person or otherwise, if it considers necessary and expedient to do so in the public interest, the Central Government may review any order passed under sub-section ( 1) or sub-section (1A) and issue directions to the Director General of CivilAviation or Director General of Bureau of CivilAviation Security, as the case may be, to rescind or modify such order.(iii)in sub-section (2), after the word, brackets and figure "sub-section (1)", the words, brackets, figures and letters "or sub-section (1A) or sub-section (1B)" shall be inserted.(2)Every direction issued under sub-section (1) shall be complied with by the person or persons to whom such direction is issued.]
