Section-5 Power of Central Government to make rules
Section-5 Power of Central Government to make rules:-
(1) The Central Government may, by notification in the Official Gazette, make rules {See the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.1, pp.633 to 719.} regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft.
(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;
{Ins.by Act 5 of 1944, s.2.} [(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 licence authorising the establishment of the service;
(ab) the information to be furnished by an applicant for, or the holder of, a licence 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 fees which may be charged thereat, and the prohibition or regulation of the use of unlicensed aerodromes;
(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, licences 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;
(h) the air-routes by which and the conditions under which aircraft may enter or leave {Subs. by Act 24 of 1948, s.3, for the words "the Provinces".} [India], or may fly over {Subs. by Act 24 of 1948, s.3, for the words "the Provinces".}[India], 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 aerodrome lights, and lights at or in the neighbourhood of aerodromes or on or in the neighbourhood of air routes;
{Ins.by Act 37 of 1939, s.4.} [(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 purpose;]
(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 licence 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 licence or certificate, or of any log-book;
(p) the fees to be charged in connection with any inspection, examination, test, certificate or licence, made, issued or renewed under this Act;
(q) the recognition for the purposes of this Act of licences and certificates issued elsewhere than in {Subs. by Act 24 of 1948, s.3, for the words "the Provinces".} [India] relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft; and
(r) any matter subsidiary or incidental to the matters referred to in this sub-section.
{Ins.by Act 5 of 1944, s.3.} [(3) Every rule made under this section shall be laid as soon as may be after it is made before {The words "each of the Chambers of" rep.by the A.O.1948.} {Subs. by the A.O.1950, for "the Central Legislature".} [Parliament], while it is in session, for a total period of one months which may be comprised in one session or in two or more sessions, and it before the expiry of that period, {Subs. by the A.O.1948}[{Subs. by the A.O.1950, for "that Legislature".} [Parliament] makes and modifications in the rule or directs] that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be.]
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