Section-7 Power of Central Government to make rules for investigation of accidents

---

Section-7 Power of Central Government to make rules for investigation of accidents:-

(1) The Central Government may, by notification in the Official Gazette, make rules {See Pt.X of the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.I, pp.66 to 665.} providing for the investigation of any accident arising out of or in the course of {Subs. by Act 37 of 1939, s.5, for "air navigation in or over British India".}[the navigation---

(a) in or over {Subs. by Act 24 of 1948, s.3, for the words "the Provinces".}[India] of any aircraft, or

(b) anywhere of aircraft registered in {Subs. by Act 24 of 1948, s.3, for the words "the Provinces".} [India]].

(2) Without prejudice to the generality of the foregoing power, such rules may----

(a) require notice to be given of any accident in such manner and by such person as may be prescribed;

(b) apply for the purposes of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents;

(c) prohibit pending investigation access to or interference with aircraft to which an accident has occurred, and authorise any person so far as may be necessary for the purposes of an investigation to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; and

(d) authorise or require the cancellation, suspension, endorsement or surrender of any licence or certificate granted or recognised under this Act when it appears on an investigation that the licence ought to be so deal with, and provide for the production of any such licence for such purpose.

Comment: Report of Court of Enquiry appointed under Rule 75 of Aircraft Rules, 1937 is outside the purview of section 35, Evidence Act. The enquiry is formal and statutory and not private one and relates to causes of accident. Such report is admissible under ss. 5, 7 and 9 of Evidence Act. AIR 1965 Cal 252

 View Previous | View Next