AIRCRAFT ACT, 1934

22 OF 34

9^TH AUG 1934

Whereas the draft of the Aircraft (Carriage of Dangerous Goods) Rules, 2002 was published as required by Section 14 of the Aircraft Act, 1934 (22 of 1934) in the Gazette of India, Part II, Section 3, sub-section (i), dated the 27th July, 2002 with the notification of the Government of India in the Ministry of Civil Aviation, Number GSR 289, dated the 12th July, 2002 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of forty-five days from the date on which copies of the Gazette of India in which the said notification was published, were made available to the public; And whereas copies of the said Gazette of India were made available to the public on 27th July, 2002; And whereas no objections or suggestions have been received on the said draft rules; Now, therefore, in exercise of the powers conferred by Section 5 of the said Act, the Central Government hereby makes the following rules further to amend the

Aircraft Rules, 1937, namely:

SECTION 01: SHORT TITLE AND EXTENT

(1) This Act may be called The Aircraft Act, 1934.

(2) It extends to the whole of India and applies also-:

(a) to citizens of India, wherever they may be; and

(b) to, and to the persons on, aircraft registered in India wherever they may be.]

SECTION 02: DEFINITIONS

In this Act, unless is anything repugnant in the subject or context,-

(1) "Aircraft" means any machine which can derive support in the atmosphere from reactions of the air, Other than reactions of the air against the earth's surface] and includes balloons, whether fixed or free, airships, kites, gliders and flying machines.

(2) "Aerodrome" means any definite or limited ground or water area intended to be used, either wholly or in part, for the lending or departure of aircraft, and includes all buildings, sheds, vessels, piers and other structures thereon or appertaining thereto, (2A) "aerodrome reference point", in relation to any aerodrome, means a designated point established in the horizontal plane at or near the geometric centre of that part of the aerodrome reserved for the departure or landing of aircraft;

(3) "Import" means bringing into [India]; and

(4) "Export" means taking out of [India].

SECTION 03: POWER OF CENTRAL GOVERNMENT TO EXEMPT CERTAIN AIRCRAFT

The [Central Government] may; by notification in the  [Official Gazette], exempt from [all or any of the provisions of this Act] any aircraft or class of aircraft and any person or class of persons or may direct that such provisions shall apply to such aircraft or persons subject to such modifications as may be specified in the notification.

SECTION 04: POWER OF CENTRAL GOVERNMENT TO MAKE RULES TO IMPLEMENT THE CONVENTION OF 1944.

The Central Government may, by notification in the Official Gazette, make such rules as appear to it to be necessary for carrying out the Convention relating to International Civil Aviation signed at Chicago on the 7^th day of December, 1944 (including any Annex  thereto relating to international standards and recommended practices) as amended from time to time.]

SECTION 05: POWER OF CENTRAL GOERNMENT TO MAKE RULES.

(1) 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 operation.].

(2) Without prejudice to the generality of the foregoing power such rules may provide for

(a) The authorities by whom 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 authorizing the establishment of the service; (ab) the economic regulation of civil aviation and air transport services, including the approval, disapproval or revision of tariff of operators of air transport services; 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 the rate's terms and conditions of commission payable to passenger or cargo sales agents; (ac) the information to be furnished by an applicant for, or the holder of, a license authorizing 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, the prohibition or regulation of the use of unlicensed aerodromes and the fees which may be charged at those aerodromes to which the International Airports Authority Act, 1971 or the National Airports Authority Act, 1985 does not apply or is not made applicable: Provided that until the date determined by the Central Government -under the proviso to sub-section (2) of section 16 of the International Airports Authority Act, 1971 any rule made under this clause may provide for the charging of fees for providing air traffic services (including aeronautical and flight information services), aeronautical communication and navigational aids and meteorological services at any aerodrome to which the said Act applies or is made applicable;

(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 there under, 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 India, or may fly over 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-routes beacons, aerodrome lights, and lights at or in the neighborhood of aerodromes or on or in the neighborhood of air-routes;

(jj) the installation and maintenance .of lights on private property in the neighborhood of aerodromes or on or in the neighborhood 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;

(k) The signals to be used for purposes of communication by or to aircraft and the apparatus to be employed in signaling;

(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 relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft;

(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 kilometers from the aerodrome reference point; and

(r) Any matter subsidiary or incidental to the matters referred to in this sub-section.

SECTION 05A: POWER TO ISSUE DIRECIONS

 (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 there under, with respect to any of the matters specified, in clauses (b), (c), (e), (f), (g), (h) and (m) of sub-section (2) of section 5- , to any person or persons engaged in aircraft operations or using any aerodrome, 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.

(2) Every direction issued under sub-section (l) shall be complied with by the person or persons to whom such direction is issued.

SECTION 06: POWER OF CENTRAL GOVERNMENT TO MAKE ORDERS IN EMERGENY.

(1) If the [Central Government] is of opinion that in, the interest of the public safety or tranquility the issue of all or any of the following orders is expedient, [it] may, by notification in the Official Gazette

(a) cancel or suspend, either absolutely or subject to such conditions as  [it] may think fit to specify in the order, all or any licenses or certificates issued under this Act;

(b) prohibit either absolutely or subject to such conditions as  [it] may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of  [India],

(c) prohibit, either absolutely, or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, or any class or description thereof; and

(d) direct that any aircraft or class of aircraft or any aerodrome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either forthwith or within a specified time, to such authority and in such manner as [it] may specify in the order, to be at the disposal of  [Government] for the public service. (1A) any order made under sub-section (1) shall have effect notwithstanding anything inconsistent therewith contained in any rule made under this Act.]

(2) Any person who suffers direct injury or loss by reason of any order made under clause (c) or clause (d) of sub-section (1) shall be paid such compensation as may be determined by such authority as the [Central Government] may appoint- in this behalf.

(3) The [Central Government] may authorize such steps to be taken to secure compliance with any order made under sub-section (1) as appear to [it] to be necessary.

(4) Whoever knowingly disobeys, or fails to comply with, or does any act in contravention of, an order made under sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and the Court by which he is convicted may direct that the [Government].

SECTION 07: POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR INVESTIGATION OF ACCIDENTS.

(1) The [Central Government] may, by notification in the d [Official Gazette], make rules providing for the investigation of any accident arising out of or in the course of the navigation-

(a) in or over  [India].of any aircraft, or

(b) anywhere of aircraft registered in [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 authorize 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) authorize or require the cancellation, suspension, endorsement or, surrender of any license or certificate granted or recognized under this Act when it appears on an investigation that the license ought to be so dealt with, and provide for the production of any such license for such purpose.

SECTION 08: POWER TO DETAIN AIRCRAFT.

(1) Any authority authorized in this behalf by the [Central Government] may detain any aircraft, if in the opinion of such authority--

(a) Having regard to the nature of an intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons or property, or,

(b) such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule made under [clause (h) or clause (i) of sub-section (2) of section 5- ] [or to implement any order made by any Court.]

(2) The [Central Government] may, by notification in the [Official Gazette] make rules regulating all matters incidental or subsidiary to the exercise of this power.

SECTION 08A: POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR PROTECTING THE PUBLIC HEALTH

The  [Central Government] may, by notification in the  [Official Gazette make rules  for the prevention of danger arising to the public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, rules providing for any of the matters for which rules under sub-clauses (i) to (viii) of clause (p) of subsection (1) of section 6 of the Indian Ports Act, 1908 , may be made with respect to vessels and ports.]

SECTION 08B: EMERGENCY POWERS FOR PROTECTING THE PUBLIC HEALTH

(1) If the Central Government is satisfied that India or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger.

(2) In any such case the Central Government may, without prejudice to the powers conferred by section 8A, by notification in the Official Gazette, make, such temporary rules with respect to aircraft and persons traveling or things carried therein and aerodromes as it deems necessary in the circumstances.

(3) Notwithstanding anything contained in section 14, the power to make rules under sub-section (2) shall not be subject to the condition of the rules being made after previous publication, but such rules shall not remain in force for more than three months from the date of notification: Provided that the Central Government may by special order continue them in force for a further period or periods of not more than three months in all.

SECTION 08C: POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR SECURING SAFE CUSTODY AND RE-DELIVERY OF UNCLAIMED PROPERTY

The Central Government may, by notification in the Official Gazette, make rules which may provide for securing the safe custody and re-delivery of any property which, while not in proper custody is found on any aerodrome or in any aircraft on any aerodrome and any such rules may, in particular, provide for -

(a) The payment of charges in respect of any such property before it is re-delivered to the person entitled there to and:

(b) The disposal of any such property in cases where the same is not re-delivered to the person entitled thereto before the expiration of such period as may be specified therein.

SECTION 09: WREK AND SALVAGE.

(1)The provisions of Part XIII of the Merchant Shipping Act, 1958] relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal water as they apply to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship.

(2) The [Central Government] may, by notification in the [0fficial Gazette], make such modifications of the said provisions in their application to aircraft as appear necessary or expedient.

SECTION 09A: POWER OF CENTRAL GOVERNMENT TO PROHIBIT OR REGULATE CONSTRUCTION OF BUILDINGS, PLANTING OF TREES, ETC

(1) If the Central Government is of opinion that it is necessary or expedient so to do for the safety of aircraft operations it may by notification in the Official Gazette,-

(i) direct that no building or structure shall be constructed or erected, or no tree shall be planted on any land within such radius not exceeding twenty kilometers from the aerodrome reference point as may be specified in the notification and where there is any building, structure or tree on such land, also direct the owner or the person having control of such building, structure or tree to demolish such building or structure or, as the case may be, to cut such tree within such period as may be specified in the notification;

(ii) direct that no building or structure higher than such height as may be specified in the notification shall be constructed or erected or no tree, which is likely to grow or ordinarily grows higher than such height as may be specified in the notification shall be planted, on any land within such radius, not exceeding twenty kilometers from the aerodrome reference point, as may be specified in the notification and where the height of any building or structure or tree on such land is higher than the specified height, also direct the owner or the person having control of such building, structure, or tree to reduce the height thereof so as not to exceed the specified height, within such period as may be specified in the notification.

(2) In specifying the radius under clause (i) or clause (ii) of sub-section (1) and in specifying the height of any building, structure or tree under the said clause (ii), the Central Government shall have regard to-

(a) the nature of the aircraft operated or intended to be operated in the aerodrome; and

(b) the international standards and recommended practices governing the operation of aircraft.

(3) Where any notification has been issued under sub-section (1) directing the owner or the person having control of any building, structure or tree to demolish such building or structure or to cut such tree or to reduce the height of any building, structure or tree, a copy of the notification containing such direction shall be served on the owner or the person having the control of the building, structure or tree as the case maybe,--

(i) By delivering or tendering it to such owner or person; or

(ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain; or failing service by these means;

(iii) By post.

(4) Every person shall be bound to comply with any direction contained in any notification issued under sub-section (1).

SECTION 09B: PAYMENT OF COMPENSATION

(1) If in consequence of any direction contained in any notification issued under sub-section (1) of section 9A- , any person sustains any loss or damage, such person shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,-

(a) Where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;

(b) Where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is or has been qualified for appointment as a Judge of a High Court;

(c) the Central Government may, in any particular case nominate a person having expert knowledge as to the nature of the lesser damage suffered by the person to be compensated and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;

(d) At the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what, in their respective opinion, is a fair amount of compensation;

(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the persons to whom such compensation shall be paid and in making the award he shall have regard to the circumstances of each case and,-

(i) The damage sustained by the person to be compensated in his earnings;

(ii) if in consequence of any direction contained in any notification issued under sub-section(1)of section 9A- the market value of the land immediately after the issue of such notification is diminished the diminution in such market value;

(iii) Where any building or structure has been demolished or any tree has been cut or the height of any building, structure or tree has been reduced in pursuance of any direction, the damage sustained by the person to be compensated in consequence of such

Demolition, cutting or reduction and the expenses) incurred by such person for such demolition, cutting or reduction;

(iv) if the person to be compensated is compelled to change his residence or place of business, the reasonable expenses, if any, that may have to be incurred by him incidental to such change;

(f) Where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons;

(g)Nothing in the Arbitration Act, 1940 shall apply to arbitrations under this section.

(2) Every award made by the arbitrator under clause (c) of sub-section (1) shall also state the amount of costs incurred in the proceedings before it and by what persons and in what proportions they are to be paid.

SECTION 09C: APPEALS FROM AWARD IN RESPECT OF COMPENSATION

Any person aggrieved by an award of the arbitrator made under section 9B - may, within thirty days from the date of such award, prefer an appeal to the High Court within whose jurisdiction the aerodrome is situate; Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

SECTION 09D: ARBITRATOR TO HAVE CERTAIN POWERS OF CIVIL COURTS

The arbitrator appointed under section 9B - , while holding arbitration proceedings under this Act, shall have all the powers of a civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) reception of evidence on affidavits;

(d) requisitioning any public record from any Court or office;

(e) issuing commissions for examination of witnesses.

SECTION 10: PENALTY FOR ACT IN CONTRAVENTION OF RULE MADE UNDER THIS ACT

(1) If any person contravenes any provision of any rule made under clause (1) of sub-section (2) of section 5 prohibiting or regulating the carriage in aircraft of arms, explosives or other dangerous goods, or when required under the rules made under that clause to give information in relation to any such goods gives information which is false and which he either knows or believes to be false or does not believe to be true he, and if he is not the owner, the owner also (unless the owner proves that the offence was committed without his knowledge, consent or connivance) shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.

1 (1A) If any person contravenes any provision of any rule made under clause (qq) of sub-section (2) of Section 5 prohibiting the slaughter and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matters within a radius of ten kilometers from the aerodrome reference point, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

(1B) notwithstanding anything contained in the Code of Criminal Procedure) 1973 (2 of 1974), an offence referred to in sub-section (1-A) shall be cognizable.

(2) In making any other rule under section 5 or in making any rule under section 7, section 8, section 8A or section 8B, the Central Government may direct that a. breach of it shall be punishable with imprisonment for a period which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

SECTION 11: PENALTY FOR FLYING SO AS TO CAUSE DANGER.

Whoever willfully flies any aircraft in such a manner as to cause danger to any person or to any property on land or water or in the air shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

SECTION 11A: PENALTY FOR FAILURE TO COMPLY WITH DIRECTIONS ISSUED UNDER SECTION 5A.

If any person willfully fails to comply with any direction issued under section 5A - , he shall be punishable with imprisonment for a term which may extend to six months or "with fine which may extend to ten lakh rupees", or with both.

SECTION 11B: PENALTY FOR FAILURE TO COMPLY WITH DIRECTIONS ISSUED UNDER SECTION 9A.

(1) If any person willfully fails to comply with any direction contained in any notification issued under section 9A- , he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.

(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or structure or cut any tree or fails to reduce the height of any building, structure or tree in pursuance of any direction contained in any notification issued under sub-section (1) of section 9A- within the period specified in the notification, then, subject to such rules as the Central Government may make in this behalf, it shall be competent for any officer authorized by the Central Government in this behalf to demolish such building or structure or cut such tree or reduce the height of such building, structure or tree.

SECTION 12: PENALTY FOR ABETMENT OF OFFENCES AND ATTEMPTED OFFENCES.

Whoever abets the commission of any offence under this Act or the rules, or attempts to commit such offence, and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence.

SECTION 13: POWER OF COURT TO ORDER FORFEITURE.

Where any person is convicted of an offence punishable under sub-section (1) of section 10 or under any rule made under clause (1) of sub-section (2) of section 5 - ] the Court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to b [Government].

SECTION 14: RULES TO BE MADE AFTER PUBLICATION.

Any power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication: Provided that the Central Government may, in the public interest, by order in writing, dispense with the condition of previous publication in any case.

SECTION 14A: LAYING OF RULES BEFORE PARLIAMENT

Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session b for a total period of thirty days which may be comprised in one session or in two or more successive sessions, arid if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule, or both Houses agree 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 so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

SECTION 15: USE OF PATENTED INVENTION ON AIRCRAFT NOT REQUIRED IN INDIA.

The provisions of section 42 of the Indian Patents and Designs Act, 1911 shall apply to the use of an invention on any aircraft not registered in [India] in like manner as they apply to the use of an invention in a foreign vessel.

SECTION 16: POWER TO APPLY CUSTOMS PROCEURE.

[Repealed by the Customs Act, 1962 (52 of l962), S. 160 (l) and Sch. (l-2-1963).]

SECTION 17: BAR OF CERTAIN SUITS.

No suit shall be brought in any Civil Court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather and all the circumstances of the case is reasonable, or by reason only of the ordinary incidents of such flight.

SECTION 18: SAVING OF ACTS DONE IN GOOD FAITH UNDER THE ACT.

No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.

SECTION 19: SAVING OF APPLICATION OF ACT.

(1) Nothing in this Act or in any order or rule made there under [other than a rule made under section 8A or under section 8B shall apply to or in respect of any aircraft belonging to or exclusively employed in [the naval, military or air forces of the Union], or to any person in such forces employed in connection with such aircraft.

(2) Nothing in this Act or in any order or rule made there under shall apply to or in respect of any lighthouse to which the Indian Lighthouse Act, 1927, applies or prejudice or affect any right or power exercisable by any authority under that Act.

SECTION 20: REPEALS.

Repealed by the Repealing Act 1938 (1 of 1938), S.2 and Schedule.

AIRCRAFT (CARRIAGE OF DANGEROUS GOODS) RULES, 2003-(7MAR 2003)

Whereas the draft of the Aircraft (Carriage of Dangerous Goods) Rules, 2002 was published as required by Section 14 of the Aircraft Act, 1934 (22 of 1934) in the Gazette of India, Part II, Section 3, sub-section (i), dated the 27th July, 2002 with the notification of the Government of India in the Ministry of Civil Aviation, Number GSR 289, dated the 12th July, 2002 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of forty-five days from the date on which copies of the Gazette of India in which the said notification was published, were made available to the public; And whereas copies of the said Gazette of India were made available to the public on 27th July, 2002; And whereas no objections or suggestions have been received on the said draft rules; Now, therefore, in exercise of the powers conferred by Section 5 of the said Act, the Central Government hereby makes the following rules further to amend the

Aircraft Rules, 1937, namely:

RULE 01: SHORT TITLE, EXTENT AND APPLICATION

(1) These rules may be called the Aircraft (Carriage of Dangerous Goods) Rules, 2003.

(2) They extend to the whole of India and apply also—

(a) to aircraft registered in India or aircraft operated by an operator who has his principal place of business or permanent place of residence in India, wherever they may be;

(b) to all aircraft for the time being in or over India; and

(c) to persons operating air transport services to, from, within and over India, shippers of dangerous goods or their agents.

(3) They shall come into force on the date of their final publication in the Official Gazette.

RULE 02: DEFINITION AND INTERPRETATION

In these rules, unless there is anything repugnant in the subject or context—

(1) "Aerodrome" means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, piers and other structures thereon or appertaining thereto;

(2) "aircraft" means any machine which can derive support in the atmosphere from reactions of the air other than reactions of the air against the earth's surface and includes balloons whether fixed or free, airships, kites, gliders and flying machines;

(3) "cargo aircraft" means any aircraft, other than a passenger aircraft, which is carrying goods or property;

(4) "crew member" means a person assigned by an operator to duty on an aircraft during a flight duty period;

(5) "dangerous goods" means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are listed as such in the Technical Instructions or which are classified according to the Technical Instructions, and also includes arms, military stores, implements of war and munitions of war;

(6) "dangerous goods accident" means an occurrence associated with and related to the transport of dangerous goods by air which results in fatal or serious injury to a person or major property damage;

(7) "dangerous goods incident" means an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, damage to property, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained and also includes any occurrence relating to the transport of dangerous goods which seriously jeopardizes the aircraft or its occupants;

(8) "Director General" means Director General of Civil Aviation;

(9) "flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;

(10) "operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

(11) "overpack" means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage;

(12) "package" means the complete product of the packing operation consisting of the packaging and its contents prepared for transport;

(13) "packaging" means receptacles and any other components or materials necessary for the receptacle to perform its containment function;

(14) "passenger aircraft" means an aircraft that carries any person other than a crew member, an operator's employee in an official capacity, an authorized representative of an appropriate national authority or a person accompanying a consignment or other cargo;

(15) "pilot-in-command" means the pilot designated by the operator, or in the case of general aviation by the owner, as being in command and charged with the safe conduct of a flight;

(16) "serious injury" means an injury which is sustained by a person in an accident and which—

(a) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; or

(b) results in a fracture of any bone (except simple fractures of figures, toes or nose); or

(c) involves lacerations which cause severe hemorrhage, nerve, muscle or tendon damage; or (d) involves injury to any internal organ; or

(e) involves second or third degree burns, or any burns affecting more than five per cent of the body surface; or

(f) involves verified exposure to infectious substances or injurious radiation;

(17) "State of the operator" means the State in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent place of residence;

(18) 'Technical Instructions" means the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organization;

(19) "UN number" means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances;

(20) "Unit load device" means any type of freight container, aircraft container or aircraft pallet with a net, but excluding an over pack, designed for loading on an aircraft.

RULE 03: CARRIAGE OF DANGEROUS GOODS BY AIR

(1) Save as otherwise provided in these rules, no person shall carry or cause or permit to be carried in any aircraft to, from, within or over India or deliver or cause to be delivered for loading on such aircraft any dangerous goods, except in accordance with and subject to the terms and conditions of a permission in writing granted 1 ["by the Central Government or by an officer authorised in this behalf by the Central Government" ].

(2) Notwithstanding anything contained in sub-rule (1), the following classes of dangerous goods may, subject to the provisions of sub-rule (3), be carried in any aircraft, namely:— (a) articles and substances which are required to be aboard the aircraft in accordance with the pertinent airworthiness requirements and operating regulations or that are authorized by the State of the operator to meet special requirements:

(b) such goods as are required for the propulsion of the means of transport or the operation of its specialized equipment during transport (e.g. refrigeration units) or those that are required in accordance with the operating regulations (e.g. fire extinguishers);

(c) aerosols, alcoholic beverages, perfumes, colognes, safety matches and liquefied gas lighters carried aboard a passenger aircraft by the operator for use or sale on the aircraft during the flight or series of flights, but excluding non-refillable gas lighters and those lighters liable to leak when exposed to reduced pressure;

(d) dry ice intended for use in food and beverage service on board the aircraft;

(e) such goods as are required to provide during flight, medical aid to a person or veterinary aid or a humane killer for an animal;

(f) such goods as are required for dropping in connection with agricultural, horticultural, forestry or pollution control activities;

(g) such goods as are required to provide, during flight, aid in connection with search and rescue operations;

(h) articles and substances such as small gaseous oxygen or air cylinders required for medical use, radioisotopic cardiac pacemakers or other devices, wheelchairs or other battery-powdered mobility aids, safety matches or a lighter and non-radioactive medicinal or toilet articles like medicines containing alcohols, hair sprays, perfumes and colognes etc. in small quantities as permissible to be carried by passengers and crew in accordance with the Technical Instructions. (3) Where the carriage of dangerous goods is permitted under sub-rule (1) or by sub-rule (2), it shall be the duty of the shipper, of the operator and of every person concerned with packing, marking, labelling, acceptance, handling, loading, unloading, storage, transportation or any other process connected directly or indirectly with carriage of such dangerous goods, to take all precautions to avoid danger to aircraft or to persons therein or to any other person or property and in particular to ensure—

(a) that the dangerous goods are so packed, protected and secured as to avoid the possibility of their being a source of danger;

(b) that the dangerous goods are carried so as not be accessible to the passengers on the aircraft;

(c) that the nature of the dangerous goods is plainly and conspicuously marked on the outside of the package containing them; and

(d) that all other provisions of the Technical Instructions and the terms and conditions of the permission granted by the Central Government are strictly complied with.

RULE 04: CUSTODY OF UNAUTHORISED DANGEROUS GOODS

Where any officer authorised in this behalf by the Central Government has reason to believe that the provisions of this rule are, or are about to be, contravened, he may cause the dangerous goods in question to be placed under his custody pending detailed examination of the nature of the goods or pending a decision regarding the action, if any, to be taken in the matter.

RULE 05: PACKING

(1) Dangerous goods shall be packed in accordance with the requirements specified in the Technical Instructions in addition to the provisions of this rule.

(2) It shall be ensured that no harmful quantity of a dangerous substance adheres to the outside of the packagings used for the transport of the dangerous goods.

(3) Packagings used for the transport of dangerous goods by air shall be of good quality and shall be constructed and securely closed so as to prevent leakage which might be caused in normal conditions of transport by changes in temperature, humidity or pressure, or by vibration.

(4) The packagings shall be suitable for the contents and the packagings in direct contact with dangerous goods shall be resistant to any chemical or other action of such goods.

(5) Inner packagings used for the transport of the dangerous goods shall be packed, secured or cushioned in such a manner that no breakage or leakage shall be caused and these shall also control the movement of the dangerous goods within the outer packaging(s) during normal conditions of air transport and also the cushioning and absorbent materials shall not react dangerously with the contents of the receptacles.

(6) No packaging used for the transport of the dangerous goods shall be re-used unless,—

(a) it has been inspected and found free from corrosion or other damage; and

(b) all necessary precautions have been taken to prevent contamination of subsequent contents :

Provided that where it is not possible to properly clean a packaging already used for the transport of dangerous goods, then such an uncleaned empty packaging shall be transported by air following the same procedure as laid down for the transport of the dangerous goods for which such packaging has been used earlier.

RULE 06: LABELLING

Unless otherwise provided in the Technical Instructions, each package of dangerous goods shall be labelled in accordance with the requirements specified in the Technical Instructions.

RULE 07: MARKING

(1) Save as otherwise provided in the Technical Instructions, each package of dangerous goods shall be marked with the proper shipping name of its contents and, when assigned; the UN number and such other markings as may be specified in those Instructions.

(2) Save as otherwise provided in the Technical Instructions, each packaging manufactured to the specifications of the Technical Instructions shall be marked in accordance with the provisions of the Technical Instructions and no other packagings shall be so marked.

RULE 08: SHIPPER'S RESPONSIBILITIES

(1) No shipper or his agent shall offer any package or overpack of dangerous goods for transport by air unless he has ensured that such dangerous goods are not forbidden for transport by air and are properly classified, packed, marked and labelled in accordance with the requirements specified in the Technical Instructions.

(2) Unless otherwise provided in these rules, no shipper or his agent shall offer dangerous goods for transport by air unless he has completed, signed and provided to the operator a dangerous goods transport document, as specified in the Technical Instructions.

(3) The dangerous goods transport document shall bear a declaration signed by the shipper indicating that the dangerous goods are fully and accurately described by their proper shipping names and that they are classified, packed, marked, labelled and in proper condition for transport by air as per requirements of the Technical Instructions.

RULE 09: OPERATOR'S RESPONSIBILITIES

(1) No operator shall accept dangerous goods for transport by air unless,—

(a) the dangerous goods are accompanied by a completed dangerous goods transport document, except where the Technical Instructions specify that such a document is not required; and

(b) the package, over pack or freight container containing the dangerous goods has been inspected in accordance with the acceptance procedures specified in the Technical Instructions.

(2) The operator shall ensure that an acceptance check-list as required by the Technical Instructions has been developed and is being used by his acceptance staff.

(3) Packages and over packs containing dangerous goods and freight containers containing radioactive materials shall be inspected for evidence of leakage or damage before loading on an aircraft or into a unit load device and such packages, overpacks or freight containers shall be loaded and stowed on an aircraft in accordance with the requirements specified in the Technical Instructions.

(4) The operator shall ensure that no leaking or damaged packages, overpacks or freight containers containing dangerous goods shall be loaded on an aircraft.

(5) A unit load device shall not be loaded aboard an aircraft unless the device has been inspected and found free from any evidence of leakage from, or damage to, any dangerous goods contained therein.

(6) Where any package of dangerous goods loaded on an aircraft appears to be damaged or leaking, the operator shall remove such package from the aircraft, or arrange for its removal by an appropriate authority or organisation, as the case may be, and thereafter shall ensure that the remainder of the consignment is in a proper condition for transport by air and that no other package has been contaminated.

(7) Packages or over packs containing dangerous goods and freight containers containing radioactive materials shall be inspected for signs of damage or leakage upon unloading from the aircraft or unit load device and if evidence of damage or leakage is found, the area where the dangerous goods or unit load device were stowed on the aircraft shall be inspected for damage or contamination.

(8) No dangerous goods shall be carried in an aircraft cabin occupied by passengers or on the flight deck of an aircraft, except those specified in sub-rule (2) of Rule 3.

(9) Any hazardous contamination found on an aircraft as a result of leakage or damage to dangerous goods shall be removed without delay.

(10) An aircraft which has been contaminated by radioactive materials shall immediately be taken out of service and not returned to service until the radiation level at any accessible surface and the nonfixed contamination are not more than the values specified in the Technical Instructions.

(11) Packages containing dangerous goods which might react dangerously with one another shall not be stowed on an aircraft next to each other or in a position that would allow interaction between them in the event of leakage.

(12) Packages of toxic and infectious substances shall be stowed on an aircraft in accordance with the requirements specified in the Technical Instructions.

(13) Packages of radioactive materials shall be stowed on an aircraft so that they are separated from persons; live animals and undeveloped film, in accordance with the requirements specified in the Technical Instructions.

(14) Subject to the provisions of these rules, when dangerous goods are loaded in an aircraft, the operator shall protect the dangerous goods from being damaged, and shall secure such goods in the aircraft in such a manner that will prevent any movement-in-flight which would change the orientation of the packages. For packages containing radioactive materials, the securing shall be adequate to ensure that the separation requirements of sub-rule (13) are met at all times.

(15) Except as otherwise provided in the Technical Instructions, packages of dangerous goods bearing the "Cargo aircraft only" label shall be loaded in such a manner that a crew member or other authorised person can see, handle and, where size and weight permit, separate such packages from other cargo in flight.

AIR CRAFT (PUBLIC HEALTH) RULES, 1954

S.R.O.2218, dated the 17th October, 1955.- In exercise of the powers conferred by

Sec. 8A of the Aircraft Act, 1934(XXII of 1934), and in super session of the "Indian Aircraft (Public Health) Rules, 1946" published with the notification of the Government of India in the Ministry of Health No. F 14-2/46-P.H. (II), dated the 30th September, 1946, the Central Government hereby makes the following rules, the same having been previously published as required bySec. 14of the said Act, namely:-

RULE 01

These Rules may be called the Aircraft (Public Health) Rules, 1954.]

RULE 02

In these Rules, unless there is anything repugnant in the subject or context-

(1) "airport" means an airport designated by State in whose territory it is situated as an airport of entry or departure for international traffic;

Explanation.- In India an "Airport" corresponds to an aerodrome declared under rule 53 of the Indian Aircraft Rules, 1920, to be a customs aerodrome.

(2) "arrival" means arrival at an airport;

(3) "baggage" means the personal effects of a traveller or of a member of the crew;

(4) "Commander" means the pilot-in-command or other person in-charge of an aircraft;

(5) "crew" means the personnel of an aircraft who are employed for duties on board;

(6) "day" means an interval of twenty-four hours;

(7) "direct transit area" means a special area established in connection with an airport, approved by the Health Officer concerned and under his direct supervision, for accommodating direct transit traffic and in particular, for accommodating, in segregation, passengers and crews breaking their voyage without leaving the airport;

(8) "Health Officer" means in respect of an airport in India any person appointed by the Central Government to be the Health Officer of the airport, and includes an Additional, Deputy or Assistant Health Officer appointed by the Central Government to perform the functions of a Health Officer;

(8-A) "Infected aircraft" means an aircraft which under rule 9(1)- , 16 , 20(1) , 24 , or 30(1) is regarded as an aircraft infected with an infectious disease;

(9) "Infected area" in relation to a quarantinable or other infectious disease means any area outside India declared by the Central Government, by notification in the Official Gazette, to be infected with such a disease; Comment SO. 2330, dated 15th July, 1988 2 - In pursuance of the powers conferred by Cl. (9) of rule 2 of the Aircraft (Public Health) Rules, 1954 and in supersession of all previous notifications in this respect, the Central Government hereby declares the following countries as are infected with yellow fever, namely:- Continent of America:- Bolivia, Brazil, Colombia, Ecuador, French, Guiana, Guyana, Peru, Surinam, Trinidad and Tobago, Venezuela, Panama. (12 Countries). Continent of Africa:- Angola,

Benin, Burkina, Faso, Burundi, Cameroon, Central African Republic, Chad, Congo, Equatorial, Guinea,

Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bassau, Ivory Coast, Kenya, Liberia, Mali, Mauritania, Niger, Nigeria, Rawanda, Sao Tome and Principe, Senegal, Sierra Leone, Somalia, Sudan, Togo, Uganda, United Republic of Tanzania, Zaire, Zambia. (35 Countries).

(10) "infected person" means a person who is suffering from a quarantinable or other infectious disease, or who is believed to be infected with such a disease;

(11) "infectious disease" means in addition to quarantinable diseases, a disease, declared by the Central Government by notification in the Official Gazette to be an infectious disease;

(12) "International voyage" means-

(a) in the case of an aircraft, a voyage between airports in the territories of more than one State or a voyage between airports in the territory or territories of the same State if the aircraft has relations with the territory of any other State on its voyage but only as regards those relations;

(b) in the case of a person, a voyage involving entry into the territory of State other than the territory of the State in which that person commences his voyage;

(13) "Isolation" when applied to a person or group of persons means the separation of that person or group of persons from other persons, except the health staff on duty, in such a manner as to prevent the spread of infection;

(13-A) "mainland" means the territory of India excluding the Andaman and Nicobar Islands;

(14) "medical examination" includes visit to and inspection of an aircraft and the preliminary examination of persons on board;

(15) "period of incubation" means (a) in respect of a quarantinable disease mentioned below, the period specified against it :- Yellow fever . . . . . . 6 days Plague . . . . . . 6 days Cholera . . . . . . 5 days Small pox . . . . . . 14 days Typhus . . . . . . 14 days Relapsing fever . . . . . . 8 days and (b) in respect of other infectious diseases such period as may be declared by the Central Government by notification in the Official Gazette to be the period of incubation of that disease;

(16) "quarantinable diseases" means yellow fever, plague, cholera, small pox, typhus and

relapsing fever;

(17) "relapsing fever" means louse-borne relapsing fever;

(18) "suspect" means a person who is considered by the Health Officer as having been exposed to infection by a quarantinable or an infectious disease and is considered capable of spreading that disease;

(18-A) "suspected aircraft" means an aircraft which under rules 9(2)- , 20(2)- or 30(2)- is regarded as an aircraft suspected of infection from an infectious disease;

(19) "typhus" means louse-borne typhus;

(20) "valid certificate", when applied to vaccination, means a certificate which-

3 [(i)conforms to the requirements and the model laid down in Schedules III, IV and V to these rules;]

(ii) is issued only to individuals and cannot, in any circumstances, be used collectively;

(iii) is issued in the case of children separately and is not incorporated in the mother's certificate;

(iv) is completed in English or in French;

(v) is signed in the case of an international certificate, by the parent or guardian of a child who is unable to sign or which bears in the case of an illiterate person, the mark of such illiterate person, duly attested by another person to whom such illiterate person is personally known;

(vi) is signed, in the case of an international certificate issued in India, in his own hand by a qualified medical practitioner whose name is enrolled in the Indian Medical Register maintained under section 21 of the Indian Medical Council Act, 1956 - (102 of 1956). In the case of certificates of vaccination against cholera and small pox issued in India, the approved stamp to be affixed thereon shall be such as has been approved by the

Central Government and the stamp shall be affixed on the certificates by only those persons who are authorised, either by designation or by name, for this purpose by the Central Government. In the case of certificates of vaccination against yellow fever issued in India, the vaccinating centres shall be approved by the Central Government.

RULE 03

(1) The Commander of an aircraft, which is on its way to India from any place, outside India, shall send to the officer-in-charge of the airport, where he proposes to land in India, a health report stating-

(a) whether any person on board the aircraft is suffering from any illness, and if so, what its signs and symptoms are, giving, if possible, the name of the illness, and

(b) whether at any time during the voyage there has occurred on board any case, or suspected case of a quarantinable or any other infectious disease, and if so what that case was.

(2) The report referred to in sub-rule (1) shall be sent-

(a) if the aircraft is not equipped with wireless, by means of cabelgram from the last place of landing before entering India, and

(b) if the aircraft is equipped with wireless, by means of a wireless message, when it is not less than two hours out from the airport in India, where it is proposed to land the aircraft.

(3) The Health Officer of an airport may, if authorised by the general or special orders of the Central Government, grant partique by radio to an aircraft when, on the basis of information contained in the health report received from it prior to its arrival, he is of the opinion that its arrival will not result in the introduction or spread of a quarantinable or any other infectious disease.

RULE 04

The Central Government may, by notification in the Official Gazette, direct that aircraft shall, on entering India from any place outside India, land only at such airport or airports as may be specified in the notification.

RULE 05

(1) If for any reasons beyond the control of the Commander an aircraft lands elsewhere than at an airport, or at an airport specified under rule 4- , it shall proceed as soon as possible, without discharging any passenger, crew or cargo to an airport specified under rule 4- or, where no such airport is specified, to a conveniently situated airport.

(2) If it is impracticable for the aircraft to comply with the provisions of sub-rule (1), the

Commander shall forthwith notify the Health Officer of the nearest airport and also the nearest Magistrate, Officer in charge of a Police Station or Government medical officer, who shall take such measures to prevent the spread of infection, in accordance with the provisions of these rules as he may consider necessary or expedient. The Commander shall prevent any cargo being removed from, or any passenger or member of the crew leaving the vicinity of, the aircraft except to such extent as may be necessary to conform to, or to facilitate the measures taken under this sub-rule. The Commander may take such emergency measures as may be necessary for the health and safety of passengers and crew. On arrival at the airport referred to in sub-rule (1) the Commander shall report the relevant facts to the Health Officer of that airport.

RULE 06

(1) The Commander of an aircraft coming from any place outside India or his authorised agent shall-

(a) arrange for all persons on an international voyage on board to complete a Personal Declaration of Origin and Health in the form shown in Schedule I to these rules; and

(b) complete and deliver to the Health Officer of the airport 7 [the health part of the Aircraft General Declaration which shall conform to the model specified in Schedule II];

(2) The Health Officer shall have the right to demand if he considers it necessary, and on such a demand having been made it shall be incumbent on the Commander or his authorised agent to produce the aircraft journey log book. The Commander or his authorised agent shall also supply any further information required by the Health Officer as to health conditions on board during the voyage.

RULE 07

When an infected or suspected aircraft coming from a place outside India, or a healthy aircraft coming from a yellow fever infected area arrives at an airport, the Health Officer may, until such time as the appropriate measures prescribed in the case of such aircraft have been taken, require that the passengers and crew of the aircraft shall not go beyond such limits within the airport as may be specified by him.

RULE 08

[(1)] The Health Officer of an airport may, whenever he considers it desirable, subject to medical examination, inspect any aircraft and its passengers and crew on its arrival at the airport. The further sanitary measures which may be applied to the aircraft shall be determined by the conditions which existed on board during the voyage or which exist at the time of the medical examination, without prejudice to the measures which are permitted by these rules to be applied to the aircraft if it arrives from an infected area.

3 [(2) Where special problems constituting a grave danger to public health exist, a person on an international voyage may, on arrival, be required to give a destination address in writing.]

RULE 08A

On arrival in an area where malaria or other mosquito-borne disease could develop from imported vectors, the aircraft may be disinfected if the health officer is not satisfied with disinfection carried out at a previous airport in accordance with rule 39-A - or he finds live mosquitoes on board.]

RULE 09

(1) An aircraft shall be regarded as infected with yellow fever-

(i) if it has a case of yellow fever on board, or

(ii) if there has been on board a case of yellow fever and, subsequent to the occurrence of that case, all the measures specified in sub -rule (1) of rule 13- have not been taken to the satisfaction of the Health Officer before arriving in India.

(2) An aircraft shall be regarded as suspected of yellow fever infection if it has started from or alighted in an airport in a yellow fever infected area and has not been disinsected immediately before the departure from that airport under the control of the Health authority of the airport or in another airport subsequent to such starting or alighting and has not obtained a certificate of disinsectisation 9 [from any officer or body] stating that the aircraft after leaving or alighting in the yellow fever infected area and before arriving in India has been disinsected in accordance with the procedure prescribed in Schedule VI to these rules, or recommended by the World Health Organisation, or if live mosquitoes are found on board.

(3) Any other aircraft shall be regarded as healthy.

RULE 10

(1) Where an aircraft, having started from, or during the course, of the voyage alighted in, a yellow fever infected area, is on its way to India, the report referred to in sub-rule (1) of rule 3- shall also state-

(a) the date of departure of the aircraft from the yellow fever infected area, and

(b) whether the aircraft has been disinsected immediately before or since leaving the yellow fever infected area and if so, the place at which, and the authority by which, it was disinsected.

(2) Where an aircraft has on board any persons coming from a yellow fever infected area, the report referred to in sub-rule (1) of rule 3- shall also state the number of such persons, the dates of their respective departure from such area, and the dates on which each of such persons has been vaccinated against yellow fever.

RULE 11

No person shall bring into India an aircraft which has started from, or alighted in, an airport situated in a yellow fever infected area unless it has been disinsected immediately before departure from that airport under the control of the Health authority of that airport in accordance with the procedure prescribed in Schedule VI to these rules, 2 [or with any procedure recommended by the World Health Organisation.]

RULE 12

Any aircraft which, having started from or alighted in an airport situated in a yellow fever infected area, attempts to enter India without having been disinsected immediately before departure from that airport under the control of the Health authority of the airport in accordance with the procedure prescribed in Schedule VI tothese rules, 10 [or with any procedure recommended by the World Health Organisation, may be refused entry].

RULE 13

(1) On the arrival of an aircraft infected with yellow fever or suspected of yellow fever infection-

(i) the aircraft and cargo shall be disinsected.

(ii) all infected persons shall be disembarked and isolated for such period as the Health Officer may consider necessary,

(iii) all persons on board shall be medically examined either before disembarkation or under such arrangements as may be made by the Health Officer to reduce to a minimum the risk of spread of infection, and

(iv) any passenger or member of the crew who disembarks and is not in possession of a valid certificate of vaccination against yellow fever shall be isolated until his certificate becomes valid, or until a period of not more than nine days reckoned from the date of last possible exposure to infection has elapsed, whichever occurs first: Provided that persons on an international voyage proceeding to an airport in a yellow fever receptive area at which the means for securing segregation provided for in Article 34 of the International

Sanitary Regulations do not yet exist shall be disembarked by the Health Officer and isolated for the period specified in Clause (iv).

Explanation.- (1) Yellow fever receptive area means an area in which yellow fever does not exist but where conditions would permit its development if introduced.

(2) The aircraft shall cease to be regarded as infected or suspected when the measures required by the Health Officer in accordance with sub-rule (1) of this rule have been effectively carried out, and it shall thereupon be given free critique.

RULE 14

(1) On the arrival of a healthy aircraft coming from a yellow fever infected area-

(i) the aircraft and cargo may be disinsected : Provided that, when the aircraft on its voyage over the yellow fever infected areas has landed only at a sanitary airport which is not itself a yellow fever infected area, the aircraft may not be disinsected unless a person, other than a person in possession of valid certificate of vaccination against yellow fever, from the surrounding yellow fever infected areas has boarded the aircraft and the aircraft reached India within a period during which such a person is likely to spread yellow fever infection.

(ii) all persons on board shall be medically examined either before disembarkation or under such arrangements as may be made by the Health Officer to reduce to a minimum the risk of spread of infection; and (iii) any passenger or member of the crew who has come in transit through any airport situated in a yellow fever infected area and who is unable to produce a valid certificate of vaccination against yellow fever shall be isolated until his certificate becomes valid, or until a period of not more than nine days reckoned from the date of the last possible exposure to infection has elapsed, whichever occurs first: Provided that, if the airport situated in the yellow fever infected area is a sanitary airport equipped with a direct transit area and if the Health Officer is satisfied that the passenger or member of the crew during the period of his entire stay in the airport remained within the direct transit area, the Health Officer may exempt such passenger or member of the crew from isolation.

(2) On the arrival of a healthy aircraft which, although not coming from a yellow fever infected area, has on board a person who has come from such an area and is unable to produce a valid certificate of vaccination against yellow fever the aircraft and cargo may be disinsected.

(3) Any person who has come from a yellow fever infected area and is unable to produce a valid certificate of vaccination against yellow lever shall be isolated until his certificate becomes valid, or until a period of not more than nine days reckoned from the date of last possible exposure to infection has elapsed, whichever occurs first. A person who boards an aircraft in a sanitary airport, which itself is not a yellow fever infected area, shall be treated as a person who has come from a yellow lever infected area unless he is able to prove to the satisfaction of the Health Officer that he has not come from such an area.

Explanation.--

(1) Sanitary airport referred to in the provision to Cls. (i) and (iii) of sub-rule (1) and in sub-rule (3) means an airport which is equipped in accordance with the provisions of paragraph 2 of Art. 19 and paragraph 3 of Art. 20 of the International Sanitary Regulations and which may he approved from time to time by the Central Government for this purpose.

(2) A person shall be regarded as coming from a yellow fever infected area unless the Health Officer is satisfied, by reference to the Personal Declaration of Origin and health that he has not been in such an area within nine days of arrival in India.

RULE 15

All isolation prescribed by sub-rule (1) of rule 13 - and by sub-rules (1) and (3) of rule 14 shall be carried out in such manner as to preclude the access of mosquitoes to the persons under isolation.

RULE 16

(1) An aircraft shall he regarded as infected with plague-

(i) if it has a case of human plague on board, or

(ii) if there has been a case of human plague on board and subsequent to the occurrence of that case all the measures prescribed in rule 17 have not been taken, or

(iii) if a plague infected rodent is found on board.

(2) Even when coming from a plague infected area or having on board a person coming from such an area, an aircraft shall be regarded as healthy if on medical examination, the Health Officer is satisfied that conditions specified in sub-rule (1) of this rule do not exist.

RULE 17

(1) On the arrival of an aircraft, infected with plague-

(i) the aircraft and all persons on board shall be medically examined by the Health Officer;

(ii) all infected persons on board shall be sisembarked and isolated for such period as the Health Officer may consider necessary;

(iii) suspects on hoard may he disinfected and, if necessary placed under surveillance for a period of not more than six days reckoned from the date of arrival;

(iv) the Health Officer may disinsect and if necessary disinfect-

(a) any baggage of any infected person or suspect, and

(b) any other article such as used beddiing or linen, and any part of the aircraft, which is considered to be contaminated;

(v) if a rodent which has died of plague is found on board the aircraft, the aircraft shall be deratted, if necessary in quarantine;

(vi) any unloading shall be carried out under the control of the Health Officer, who shall take all measures which in his opinion are necessary to prevent the infection of the staff engaged on this work and may, for the purpose, subject the staff to surveillance for a period not exceeding six days from the time they have ceased to work at the unloading of the aircraft.

(2) An aircraft shall cease to be regarded as infected when the measures required by the Health Officer in accordance with sub -rule (1) of this rule have been effectively carried out. The aircraft shall thereupon be given free pratique.

RULE 18

A healthy aircraft shall be given free pratique but, if it has come from a plague infected area, the Health Officer may place under surveillance any suspect, who disembarks, for a period of not more than six days reckoned from the date on which the aircraft left the plague infected area.

RULE 19

In exceptional circumstances of an epidemiological nature, when the Health Officer suspects the presence of rodents on board, he may drat the aircraft.

RULE 20

(1) An aircraft shall be regarded as infected with cholera if it has a case of cholera on board.

(2) An aircraft shall be regarded as suspected of cholera infection if a case of cholera has occurred on board during the voyage but the case has previously been disembarked.

(3) Even when coming from a cholera infected area or having on board a person coming from a cholera infected area, an aircraft shall be regarded as healthy, if on medical examination, the Health Officer is satisfied that no case of cholera has occurred on board during the voyage.

RULE 21

(1) On the arrival of an aircraft infected with cholera-

(i) the aircraft and all persons on board shall be medically examined by the Health Officer;

(ii) all infected persons shall be disembarked and isolated for such period as the Health Officer may consider necessary;

(iii) other persons, who disembark, may be placed under isolation for a period of not more than five days reckoned from the date of disembarkation provided that any person who produces a valid certificate of vaccination against cholera may be placed only under surveillance for a like period;

(iv) the Health Officer may disinfect-

(a) any baggage of any infected person or suspect, and

(b) any other article such as used bedding, or linen and any part of the aircraft, which is considered to be contaminated;

(v) if, in the opinion of the Health Officer, any water carried on board is contaminated, he shall cause it to be emptied out after it has been disinfected and to be replaced, after disinfection of the containers, by a supply of wholesome drinking water;

(vi) the Health Officer may require human dejecta, waste water, waste matter and any matter which is considered to be contaminated to be disinfected before they are discharged from the aircraft or unloaded;

(vii)

(a) the Health Officer may prohibit the unloading of, or may remove, any fish, shell fish, fruit or vegetables to be consumed un –cooked or beverages, unless such food or beverages are in sealed containers and he has no reason to believe that they are Contaminated Provided that if any such food or beverage forms part of the cargo in a freight compartment of the aircraft only the Health Officer for the airport at which such food or beverage is to be unloaded may exercise the power to remove it: Provided further that any such food or beverage shall be removed by the Health Officer if the Commander of the aircraft so desires.

(b) if any such food or beverage is removed, arrangements shall be made by the Health Officer for its safe disposal.

(viii) any unloading shall be carried out under the control of the Health Officer, who shall take all measures which, in his opinion, are necessary to prevent the infection of the staff engaged on this work and may, for that purpose, subject the staff to surveillance for a period not exceeding five days from the time they ceased to work at the unloading of the aircraft.

(2) An aircraft shall cease to be regarded as infected when the measures required by the Health Officer in accordance with sub -rule (1) of this rule have been effectively carried out. The aircraft shall thereupon be given free pratique.

RULE 22

(A) On the arrival of an aircraft suspected of cholera infection-

(1) The aircraft and all persons on board shall be medically examined by the Health Officer; and (2)

(i) any person who disembarks and who within five days of arrival has been in a cholera infected area may,

(a) if he is in possession of a valid certificate of vaccination against cholera, be placed under surveillance for a period not exceeding five days reckoned from the time of the last exposure to infection;

(b) if he is not in possession of such a certificate, be placed in isolation for a like period;

(ii) any other passenger or member of the crew. who disembarks may be placed under surveillance for a period not exceeding five days reckoned from the date of arrival.

(3) all or any of the measures specified in Cls. (iv) to (vii) of sub-rule (1) of rule 21- , and not already taken, may be taken at the discretion of the Health Officer.

(B) An aircraft shall cease to be regarded as suspected when the measures required by the Health Officer in accordance with sub-rule (A) of this rule have been effectively carried out. The aircraft shall thereupon be given free pratique

RULE 23

On arrival, a healthy aircraft shall be given free pratique but, if it has come from a cholera infected area, the measures specified in Cl. (vii) of sub-rule (1) of rule 21 - and in sub-clause (i) of clause (2) of sub rule (A) of rule 22 - may be taken at the discretion of the Health Officer.

RULE 24

(1) An aircraft shall be regarded as infected with smallpox-

(i) if it has a case of smallpox on board, or

(ii) if a case of smallpox has occurred on board during the voyage.

(2) Any other aircraft shall be regarded as healthy even though there may be suspects on board, but any suspect on disembarking may be subjected to the measures provided for in rule 25.

RULE 25

(1) On the arrival of an aircraft infected with smallpox-

(i) the aircraft and all persons on board shall be medically examined by the Health Officer;

(ii) all infected person shall be disembarked and isolated for such period as the Health Officer may consider necessary;

(iii) other persons who disembark and who in the opinion of the Health Officer are not sufficiently protected by vaccination or by a previous attack of smallpox -

(a) if they are willing to be vaccinated, or in the case of minors if their guardians or those in charge of them consent to their vaccination, may be subjected to vaccination free of charge, and also to isolation or surveillance for a period not exceeding fourteen days reckoned from the time of the last exposure to infection; and

(b) if they are not willing to be vaccinated, or in the case of minors if their guardians or those in charge of them do not consent to their vaccination, shall be subjected to isolation or surveillance for the aforesaid period;

(iv) the Health Officer shall disinfect-

(a) any baggage of any infected person, and

(b) any other baggage or article such as used bedding or linen, and any part of the aircraft, which is considered to be contaminated.

(2) An aircraft shall continue to be regarded as infected until every Infected person has been removed and until the measures required by the Health Officer in accordance with sub-rule (1) of this rule have been effectively carried out. The aircraft shall thereupon be given free pratique.

RULE 26

On arrival, a healthy aircraft, even when it has come from a smallpox infected area, shall be given free pratique but the measures specified in clause (i) of sub-rule (1) of rule 25 - shall be taken and the measures specified in Cl. (iii) of that sub-rule may be taken by the Health Officer.

RULE 27

(1) The Health Officer may require any person on an international voyage who does not show sufficient evidence of protection by a previous attack of smallpox to possess, on arrival, a certificate of vaccination against smallpox. Any such person who cannot produce such a certificate may be vaccinated; if he refuses to be vaccinated, he may be placed under surveillance for not more than fourteen days, reckoned from the date of his departure from the last territory visited before arrival.

(2) A person on an international voyage who during a period of fourteen days before his arrival has visited a smallpox infected area and who in the opinion of the Health Officer, is not sufficiently protected by vaccination or by a previous attack of smallpox may be required to be vaccinated, or may be placed under surveillance, or may be vaccinated and then placed under surveillance; if he refuses to be vaccinated, he may be isolated. The period of surveillance or isolation shall not be more than fourteen days, reckoned from the date of his departure from the infected area.

Explanation. - For the purposes of Cl. (iii) of sub-rule (1) of rule 5 and sub-rule (2) of rule 27 a valid certificate of vaccination against smallpox shall be considered as evidence of sufficient protection.

RULE 28

On the arrival of an aircraft having on board a person who is suffering from or is believed to be infected with typhus or relapsing fever-

(1) the aircraft and all persons on board shall be medically examined by the Health Officer;

(2) all infected persons shall be disembarked and isolated for such period as the Health Officer may consider necessary, and disinsected;

(3) any suspect may be disinsected; and

(4) the accommodation occupied by the infected person and by any suspect, together with the clothes they are wearing, the baggage and any other article which in the opinion of the Health Officer is likely to spread typhus or relapsing fever may be disinsected and, if necessary disinfected.

RULE 29

A person on an international voyage, who has left a typhus infected area within the previous fourteen days or a relapsing fever infected area within previous eight days, may, if the Health Officer considers it necessary, be disinsected and put under surveillance for a period of not more than fourteen days in the case of typhus and not more than eight days in the case of relapsing fever, reckoned from the date of disinsecting. The clothes which such person is wearing, his baggage and any other article which in the opinion of the Health Officer is likely to spread typhus or relapsing fever may be disinsected and if necessary, disinfected.

RULE 30

(1) An aircraft shall be regarded as infected with an infectious disease other than quarantinable diseases-

(i) if it has a case of any infectious diseases on board, or

(ii) if there has been a case of any such infectious disease on board and subsequent to the occurrence of that case all the measures prescribed in rule 31- of these rules have not been taken.

(2) An aircraft shall be regarded as suspected of infection from an infectious disease other than quarantinable diseases if it has on board any person who within the incubation period in respect of such infectious disease has been in contact with a case of that disease or has been otherwise exposed to infection from that disease.

RULE 31

On the arrival of an aircraft infected with an infectious disease other than quarantinable disease-  the aircraft and all persons on board shall be medically examined by the Health Officer;

(2) any infected person-

(i) who, not being a direct transit passenger, disembarks, or

(ii) who, being a direct transit passenger, leaves the airport otherwise than in the manner prescribed in rule 38 , may be isolated for such period as the Health Officer may consider necessary;

(3) persons who have been exposed to infection may, if they disembark, be placed under surveillance for a period not exceeding the incubation period of the infectious disease to which they have been exposed, such period being reckoned from the time of the last exposure to infection;

(4) any parts of the aircraft and any goods or personal effects on board which, in the opinion of the Health Officer, are contaminated may be disinfected.

RULE 32

On the arrival of an aircraft suspected of infection from an infectious disease-

(1) the measures specified in sub-rule (1) of rule 31- shall be taken; and

(2) the measures specified in sub-rules (3) and (4) of rule 31- not already taken may be taken at the discretion of the Health Officer.

RULE 33

Except in case of an emergency constituting a grave danger to public health, an aircraft shall not, on account of an infectious disease other than quarantinable diseases, be prevented by the Health Officer of an airport from discharging or loading cargo or stores, or taking on fuel or water.

RULE 34

The provisions of this Part shall apply to all aircraft leaving India on an international voyage,

RULE 35

All persons proposing to embark upon an aircraft leaving any airport in the Andaman and Nicobar Islands or Lakshadweep Islands for any airport on the mainland or vice versa shall be medically examined by the Health Officer but they are not required to be in possession of valid certificates of vaccination against Cholera and Small Pox.]

RULE 36

(1) The Health Officer shall, when brought to his notice, prohibit the embarkation on any aircraft

of-

(a) any person showing symptoms of any quarantinable disease, and

(b) any person whom the Health Officer considers likely to transmit infection because of his close contact with a person showing symptoms of a quarantinable disease: Provided that nothing in this sub-rule shall apply when a person suffering from a quarantinable disease is to be transported in an aircraft specially adapted or allocated for the purpose: Provided further that a person on an international voyage who on arrival is placed under surveillance may be allowed to continue his voyage in which case the Health Officer shall record this fact in the Aircraft General Declaration.

(2) The Health Officer shall take all practicable measures lo prevent the introduction on board an aircraft of possible agents of infection or vectors of a quarantinable disease.

RULE 37

Subject to the special provisions relating to yellow fever prescribed in Part II of these rules, passengers and crew from a healthy aircraft who are in transit through India and who remain in the direct transit area of an airport or, if the airport is not yet provided with such an area who submit to the measures for segregation prescribed by the Health Officer in order to prevent the spread of disease, shall not be subjected to any sanitary measure other than medical examination. If such persons are obliged to leave the airport at which they disembark solely in order to continue their voyage from another airport in the vicinity of the first airport, no such measure shall be applied to them if the transfer is made under the control of the Health Officer concerned.

RULE 38

Where there is an epidemic of pulmonary plague in an airport every suspect shall, before departure on an international voyage, be placed in isolation for a period of six days reckoned from the date of the last exposure to infection.

RULE 39

When typhus or relapsing fever exists in an airport, a person on an international voyage whom the Health Officer considers is liable to spread typhus or relapsing fever, shall be disinsected. The clothes which such person is wearing, his baggage, and any other article likely to spread typhus or relapsing fever shall be disinsected and if necessary, disinfected.

RULE 39A

Every aircraft leaving a local area where transmission of malaria or other mosquito-borne disease is occurring, or where insecticide resistant mosquito vectors of disease are present, shall be disinsected under the control of the Health Officer as near as possible to the time of its departure but in sufficient time to avoid delaying such departure.]

RULE 40

No person shall be permitted by the Health Officer to embark on an aircraft with a view to proceeding by air to the Hedjaz unless such persons produce valid certificates of vaccination against cholera and smallpox.

RULE 41

No person shall bring into India any dead body or human remains of persons who may have died of yellow fever, plague, anthrax, glanders or such other diseases as may be notified by the Central Government for this purpose : Provided that nothing in this rule shall apply to properly cremated ashes of dead bodies or human remains.

RULE 42

The dead body or human remains of a person who may have died of a disease other than those specified in rule 41 - may be brought into India subject to the provisions of rules 43 - to 47

RULE 43

The consignee as well as the air transport service shall give to the Health Officer of the airport of arrival advance intimation of at least 48 hours, of the importation of the dead body or human remains or ashes of cremated bodies: provided that nothing in this rule or in rules 44 - to 47 - shall apply to the dead body of a person who dies during flight before arrival of the aircraft in India. The Commander of the aircraft shall send, if the aircraft is equipped with wireless, a radio report to the Health Officer of the airport, where he proposes to land in India, regarding the occurrence and, if possible, cause of death. On landing of the aircraft no passenger or member of the crew shall disembark until appropriate sanitary measures have been taken by the Health Officer of the airport.

RULE 44

Applications to bring dead bodies or human remains or ashes of cremated bodies to India shall be made to the Indian Diplomatic representatives in countries where such representatives are functioning or where there is no such representative, to the Health Officer of the airport at which the dead body is to be landed.

RULE 45

(1) If the dead body or human remains have been properly cremated, the cremated ashes shall be placed in an urn or casket having an outer packing of suitable material.

(2) In the case of uncreated remains, the following procedure shall be adopted:-

(a) A corpse which has not been buried should be closed in a shell of zinc or other equally suitable metal with all joints so soldered as to seal them hermetically and prevent the escape of noxious gases or fluids. The shell should be enclosed in a stoutly built teak or other hard wood coffin and the coffin should be enclosed in zinc

or tin -lined wooden packing case filled with sawdust impregnated with carbolic powder.

(b) Where a coffin has been exhumed and proves on examination to be intact, sound and free from offensive odor, it should be enclosed in hermetically sealed zinc or tin-lined wooden packing case filled with sawdust impregnated with carbolic powder.

(c) Where a coffin has been exhumed and is not intact, sound and free from odour, its contents should be dealt with in accordance with the requirements of Cl. (a) above.

RULE 46

A certificate issued by a responsible Municipal or Governmental authority of the country from where the package containing the dead body, or human remains or ashes of cremated bodies, as the case may be, is imported and endorsed by the Indian Diplomatic Representatives, if any, in that country shall accompany the package. The certificate shall give the full name of the deceased, his age at the time of death and the place, date and cause of death and shall indicate that the package conforms to and has been sealed in accordance with the specifications prescribed in rule 45

RULE 47

The package containing the dead body or human remains or ashes of cremated bodies shall not be opened during its transit and shall be in a sound sealed condition at the time of arrival. It shall not be removed from the precincts of the airport until the Health Officer has permitted in writing its removal. After the Health Officer has accorded this permission, the consignee shall remove and dispose of the package in accordance with the general or special instructions which may be issued by the Local authorities, Governmental and/or Municipal in this behalf.

RULE 48

For the transmission of dead body or human remains and ashes of cremated bodies from India to any place outside India, the prior written permission of the competent authority of the country of destination of the District Magistrate or the Deputy Commissioner or the Chief Pree magistrate or the Coroner within whose jurisdiction the death took place, obtained. The requirements laid down by the country of destination with to the import of dead bodies, human remains or ashes or cremated bodies in its territory shall be complied with by the consignor. In case no such conditions have been prescribed, the provisions of rule 45 - shall be complied with and the package shall bear an inscription to the effect that it contains infected material and should be handled with care.

RULE 49

Subject to the provision of rule 41 - , a package containing a dead body or human remains or ashes of cremated remains, which is in transit through India shall not be subject to any restrictions if it has been packed and sealed in the manner prescribed in rule 45 - or in a manner which, in the opinion of the Health Officer, is considered to be equally satisfactory.

RULE 50

The sanitary measures permitted by these rules are the maximum measures applicable to international traffic.

RULE 51

Sanitary measures and health formalities shall be initialed forthwith, completed without delay, and applied without discrimination.

RULE 52

Any sanitary measures, other than medical examination, which has been applied to an aircraft at a previous airport, shall not be repeated unless-

(a) after the departure of the aircraft from the airport where the measures were applied, an incident of epidemiological significance calling for a further application of any such measure has occurred either in that airport or on board the aircraft; or

(b) the Health Officer has reason to believe that the individual measure so applied was not substantially effective.

RULE 53

The Commander of an aircraft coming from a place outside India and proceeding to a place outside India may, if he so desires, notify the Health Officer of the airport in India where the aircraft first arrives, that he does not wish to submit to any of the provisions, except the special provisions relating to yellow fever, prescribed in Part II of these rules; and the aircraft shall thereupon be at liberty to continue its voyage, without such submission, provided that it shall not during its voyage land anywhere else in India except for the purpose of taking on fuel, water and stores in quarantine.

RULE 54

The Health Officer shall, when so requested issue free of charge to the Commander of an aircraft a certificate specifying the measures applied lo the aircraft, the parts thereof treated, the methods employed and reasons why the measures have been applied. This information shall, on request, be entered in the Aircraft General Declaration,

RULE 55

The Health officer shall, when so requested, Issue free of charge-

(a) to any traveller a certificate specifying the dale of his arrival or departure and the measures applied to him and his baggage;

(b) to the consignor, the consignee, and the carrier, or their respective agents, a certificate

specifying the measures applied to any goods.

RULE 56

Where any person is required under these rules to be disembarked and isolated for any period, the Health Officer may remove, or cause to be removed, that person to a hospital or other place approved by the Health Officer and detain him therein for that period. Persons who are under isolation for a disease other than yellow fever may, however, in exceptional circumstances at the discretion of the Health Officer, be allowed to continue their voyage before the expiry of the isolation period.

RULE 57

(1) Whenever surveillance is required or permitted by these rules, isolation shall not be substituted for surveillance unless the Health Officer of the airport where the suspect arrives or any other health authority to whom he is required to report during the period of surveillance considers the risk of transmission of the infection by the suspect to be exceptionally serious.

(2) Apart from the provisions relating to quarantinable disease in Part II of these Rules, the Health Officer may place under surveillance any suspect on an international voyage arriving from an infected area. Such surveillance may be continued until the end of the appropriate period of incubation specified in rule 2(15)- .

RULE 58

A person under surveillance shall not be isolated and shall be permitted to move about freely. The Health Officer may require such a person to report to him, if necessary, at specified intervals during the period of surveillance. The Health Officer may also subject such a person to medical investigation and make any enquiries which are necessary for ascertaining his state of health. Rectal swabbing shall not be done, but a person showing symptoms indicative of cholera maybe required submitting to stool examination.

RULE 59

When the person under surveillance departs for another place, he shall inform the Health Officer who shall immediately inform the health authority for the place to which the person is proceeding. On arrival the person shall report to the health authority who may apply the measures provided for in rule 58 -

RULE 60

Every person shall comply with all directions lawfully given and all conditions lawfully imposed by the Health Officer in pursuance of these Rules and shall give that Officer all reasonable facilities for the discharge of any duty imposed on him by these rules.

RULE 61

The Health Officer may, whenever he considers it desirable, refuse entry into the airport to any person, other than a person proceeding on an international voyage, or remove or cause to be removed from the premises of the airport any person who, in his opinion, is likely to spread any quarantinable or other infectious disease.

RULE 62

(1) Disinfection, disinfecting, deratting and other sanitary operations shall be so carried out as-

(a) not to cause undue discomfort to any person or injury to his health;

(b) not to produce any deleterious effect on the structure of an aircraft or on its operating equipment;

(c) to avoid all risk of fire

(2) In carrying out such operations on goods, baggage and other articles, every precaution shall be taken to avoid any damage.

RULE 63

(1) Goods shall be submitted to sanitary measures provided for in these rules only when the Health Officer has reason to believe that they may have become contaminated by the infection of a quarantinable disease or may serve as a vehicle for the spread of any such disease.

(2) Apart from the measures provided for in special provisions relating to cholera goods, other than live animals, in transit, without transhipment shall not be subjected to any sanitary measures or detained a,t any airport.

RULE 64

Except in the case of an infected person or suspect, baggage may be disinfected or disinsected only in the case of a person carrying infective material or insect vectors of a quarantinable disease.

RULE 65

(1) Mail, newspapers, books and other printed matter shall not be subject to any sanitary measure.

(2) Postal parcels may be subjected to sanitary measures only if they contain-

(a) any of the foods referred to in sub-rule (7), of rule 21- of these rules, which the Health Officer has reason to believe comes from a cholera infected area; or

(b) linen, wearing apparel, or bedding, which has been used or soiled and to which the provisions of Parts II and III of these rules are applicable.

RULE 66

No sanitary document other than those provided for in these rules, shall be required by the Health Officer.

RULE 67

(1) No charge shall be made by the Health Officer of an airport for-

(a) any medical examination provided for in these rules or any supplementary examination, bacteriological or otherwise which may be required to ascertain the state of health of the person examined;

(b) any vaccination of a person on arrival and any certificate thereof.

(2) Charges for applying the measures provided for in these rules, other than the measures referred to in sub-rule (1) of this rule, shall conform with the tariff for such charges as may be fixed from time to time by the Central Government. These charges shall be moderate and not exceed the actual cost of the service rendered and they shall be levied without distinction as to the nationality, domicile or residence of the person concerned or as to the nationality, flag registry or ownership of the aircraft. In particular there shall be no distinction made between national and foreign persons and aircraft.

(3) The tariff and any amendment thereto, shall be published in the Official Gazette at least ten days in advance of the levy there under.

(4) If any person or member of the crew refuses or fails to pay any charges due from him, then, without prejudice to any proceedings that may be taken against him, such charges shall be recoverable from the owner of the aircraft on which such person or member of the crew arrives.

RULE 68

The Commander of an aircraft shall, during the stay of the aircraft in an airport, take such precautions as the Health Officer may specify in order to prevent rodents gaining access to the aircraft.

RULE 69

A vaccination document issued by the Armed Forces to an active member of the Armed Forces shall be accepted in lieu of an international certificate in the form shown in Schedules III, IV or V if:-

(a) it embodies medical information substantially the same as that required by such form; and

(b) it contains a statement in English or in French recording the nature and date of the vaccination and to the effect that it is issued in accordance with Article 99 of the International Sanitary Regulations.

RULE 70

No person shall throw or let fall from any aircraft any matter capable of producing an outbreak of a quarantinable or an infectious or any other epidemic disease.

RULE 71

Whoever contravenes any provision of these rules, or disobeys, or fails to comply with, any order given in pursuance of these rules shall be punishable with imprisonment for a term not exceeding three months or with fine which may extend to one thousand rupees or with both.

SCHEDULE 1 Personal declaration of Origin and Health

(For passengers on aircraft) Port of arrival 1. Name in full. 2. Permanent ( Home) Address. 3 Precise address to which immediately proceeding. 4. Please stale where you spent the nine days prior to arrival Last day. Names of the countries including transit places 2 days ago 3 days ago 4 days ago 5 days ago 6 days ago 7 days ago8 days ago 9 days ago I declare that the information given above is correct to the best of my knowledge and belief. Signature.................. Date.........................

SCHEDULE 2 Declaration of Health

Persons on board known to be suffering from illness other than air sickness or the effects of accidents, as well as those cases of illness disembarked during the flight............... Any other condition on Board which may lead to the spread of diseases.................. Details of each disinsecting or sanitary treatment (place, date. time method) during the flight. If no disinsecting has been carried out during the flight give details of most recent   disinsecting............................SGD, if required Crew member concerned]

SCHEDULE 3 International Certificate of Vaccination or Re Re-- vaccination Against Yellow Fever Certificate International De Vaccination Ou De Revaccination Centre La La--Fievre Jaune This is to certify that date of birth sex Je soussigne (c) certific que ..ne(c)le ...sexe whose signature follows............. dont la signature suit.............. has on the date indicated been vaccinated or revaccinated against yellow fever. a etc (e) vaccine (e) ou revaccine (e) contre lafievre jaune a la data Indiquee, Date Signature and professional Origin and batch Official stamp of status of vaccinator Signature no. of vaccine Origin vaccinating centre et qualite professionello du vaccinemploye Chet official du du

vaccinateur et numero du lot centre de vaccination 2 [NOTE.- This certificateis valid only if the vaccine used has been approved by the World Health Organisation and if the vaccinating centre has been designated by the health administration for the territory in which the centre is situated.The validity of this certificate shall extend for a period of 10 years, beginning ten days after the date of vaccinative or. in the event of a revaccination within such period of 10 years from the date of that revaccination. Any amendment of this certificate, or erasure, or failure to complete any part of it. may render it mavalid. Ce

certificate n'est valable que side vaccin employe a etc approuve par I' Organisation mondiale de la Sante et side centre dc vaccination a etc habilite par I'administration sanitaire due lerritoire dans lequel ce centre est situe. La validite de ce certificate couvre une periode de dix ans commencant disjours apres le date de la. vaccination ou, dans le cas d'une revaccination ou cours de cette periode de dix ans. le jour de

cette revaccination. Toute correction ou rature sur le certificat ou I'omission d'une quelconque des mentions qu'il comporte peut affecter so validite.

SCHEDULE 4 International Certificate of Vaccination or Re Re--

vaccination against Cholera Certificate International De

Vaccination Ou De Vaccination Centre La Cholera

I his is to certify that date of birth sex Je soussingne (e) certific que ..ne(e) le ....sexe whose signature follows............. dont la singnature suit.............. has on the date indicated been vaccinated or revaccinated against Cholera. a eetc vaccine (e) ou revaccine (e) contre le cholera a la data Indiquee. Date Signature & professional Approved stamp status of vaccinator Cachet d authentification Signature et qualite professio- nnelle du vaccinteur 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 The validity of this certificate

shallextend for a period of six months, beginning six days after the first injection of the vaccine or. In the cvent of a revaccination within such period of six months, on the date of that revaccination. The approved stamp mentioned above must be in a form prescribed by the health administration of the territory in which the vaccination is performed. Any amendment of this certificate, or erasure, or failure to complete any part of it, may render il invalid. La vafidite de ce certificate couvre une periode de six mois commencant six jours appres la premiere injection du vaccin ou. dans le cas d'une revaccination au

cours de cette pediode de fix mois le joure cette revaccination. Le cachet  'authentification doil cire conform au mode cle present par Padministration sani taire ou territorie ou la vaccination est effectue. Toute correction ou rature sur le certificate ou I' omission d'une quelconque dos mentions qu i'l, comporete peeut affecter sa validite.

SCHEDULE 05 International Certificate of Vaccination or Re Re--

vaccination against Smallpox Certificate International De Vaccination Ou De Revaccination Centre La Variote This is to certify that date of birth sex Je soussigne (e) certific que ..ne(e) le ....sexe whose signature follows............. dont la signature suit.............. has on the date indicated been vaccinated or revaccinated against small pox with a freeze dried or liquid vaccine certified to fulfil the recommended requirements

of the World Health Organisation. a etc. vaccine (c) ou revaccine (e) centre la variote a la dale indiquee ci-dessous, avec un vaccine lypohilise ou li quide certific conforns aux normes recommandees per Iorganisation modiate de law Sanet. Show by "X" Signature Origin and Approved Whether: and Professional batch No. of stamp Date Indiquer per status of vaccine Cachet d' "X" Stills vaccinator authentification agite de: Signature et Origin du titre du vaccine et vaccinateur number du lot a 1

Primary vaccination a 1 b 1 performed Primovacci- nation effective b 1 Read as Successful Prise Unsuccessful Pas deprise 2 Revaccination 2 3 3 Revaccination The validity of this certificate shall extend for a period of three years, beginning eight days after the date of a successful primary vaccination or, in the event of a revaccination, on the date of that revaccination. The approved stamp mentioned above must be in a form prescribed by the health administration of the territory in which the vaccination

is performed. Any amendment of this certificate, or erasure, or failure to complete any part of it, may render it invalid. La validite de ce certificate couvre une periode de trois ans, commencant huit jours apres la date de la primovaccination effectue aves succes (prise) ou, dans le cas d'une revaccination, le jour de cette revaccination. Le cachet d' authentification doit etre conforme au modale prescrit par I'administration Sanitaire du'territoir ou la vaccination est effectuee. Toute correction ou rature sur le certificate ou remission d'une quelconque des mentions qu'il comporte peut affecter sa validite. NOTE :

This revised Schedule V will come into force on 1st January, 1967].

SCHEDULE 06 PROCEDURE FOR DISINSECTISATION OF AIRCRAFT

The interior of the aircraft (inclusive of all places likely to harbour mosquitoes such as cockpits, freight compartments, cabins) shall be sprayed with a pyrethrums-DDT aerosol containing not less than 0.4 per cent pyrethrums and 3 per cent DDT, at a rate of not less than 8 to 10 seconds per 1,000 cubic feet of free air space; the stopcock in the case of an aerosol dispenser other than the Westinghouse type being kept open not less than half a turn during the operation and in the Westinghouse type the cap being removed completely. All openings into the aircraft shall be kept tightly closed during the spraying and for a period of not less than five minutes thereafter.

AIRCRAFT (DEMOLITION OF OBSTRUCTIONS CAUSED BY BUILDINGS AND TREES ETC.) RULES 1994

In exercise of the powers conferred by sub-section (2) of Section 11B of the Aircraft Act, 1934 (22 of 1934) the Central Government hereby makes the following rules to provide for the demolition of buildings and cutting of trees around aerodromes namely :-

RULE 1 SHORT TITLE AND EXTENT

-

(1) These rules may be called the Aircraft (Demolition of Obstructions caused by Buildings and

Trees etc.) Rules, 1994.

(2) They extend to the whole of India.

(3) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 DEFINITIONS AND INTERPRETATION

- In these rules, unless there is anything repugnant in the subject or context-

(1) "Act" shall mean the Aircraft Act, 1934 (22 of 1934)- .

(2) "Aircraft" and "Aerodrome" shall have the same meaning as in the Aircraft Act, 1934.

(3) "Building" shall include any structure, whether permanent or temporary, erected within a specified area around an aerodrome.

(4) "District Collector" shall include Deputy Commissioner, District Magistrate or any other designation used by any State Government for the Officer-in-Charge of the District

Administration.

(5) "Owner" shall include the person having the control of the building, or tree, as the case may be.

(6) "Officer-in-Charge of an Aerodrome" shall mean the officer holding charge of the airport by whatever designation known.

RULE 3 NOTIFICATION TO BE SERVED

- Where any notification has been issued by the Central Government under sub-section (1) of Section 9A - of the Act and the 1 "officer-in charge of the concerned aerodrome" has reason to believe that any building or tree exists in violation of the provisions of the aforesaid notification, he shall serve, 2 a copy of the notification on the owner of the building or tree, as the case may be, in accordance with the procedure laid down in sub-section (3) of Section 9A - of the Act.

RULE 4 OWNER TO FURNISH DETAILS

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(1) The service of the copy of the notification under Rule 3- shall be accompanied by an order of the 3 "Director-General of Civil Aviation or any other officer of the Civil Aviation Department authorised by him in this behalf" directing the owner to furnish to the officer-in-charge of the aerodrome, within a specified period, a plan showing the location of the building or tree, as the case may be, and also its dimensions or any other details specified in the order.

(2) The owner shall be bound to furnish the details asked for in the order passed under sub-rule

(1).

RULE 5 FORWARDING THE DETAILS AND THEIR PHYSICAL VERIFICATION

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(1) The details furnished by the owner of the building or tree, as the case may be, shall be

forwarded by the officer-in-charge of the aerodrome to the Director-General of Civil Aviation with his comments.

(2) Before forwarding the details to the Director-General of Civil Aviation, the officer-in-charge of the aerodrome shall satisfy himself about the correctness of the details and for that purpose he shall be empowered to enter the premises in question and carry out physical verification of the dimensions of the building, or tree, as the case may be, during day light hours and with reasonable prior notice to the owner, who shall be duty bound to extend full cooperation during such physical verification : Provided that in a case where the owner fails to cooperate, the officer-in-charge of the aerodrome shall be free to forward details to the Director-General of Civil Aviation with his comments based on whatever verification is possible.

RULE 6 FINAL ORDER

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(1) If 5 ["a Joint Director General of a Deputy Director General of Civil Aviation"], on an

examination of the details forwarded to him by the officer -in-charge of the aerodrome, is

satisfied, after giving the owner an opportunity of being heard, that the building or tree in question does violate the provisions of the notification issued by the Central Government under sub-section

(1) of Section 9A- of the Act, he shall pass a final order in the matter directing the owner to demolish the building, or to cut the tree, or to reduce the height of the building, or the tree, as may be required for compliance with the provisions of the notification, within a specified period. In case of reduction in the height of building, or tree, as the case may be, the permissible height shall also be specified in the order: Provided that in a case where the owner has failed to furnish details in response to the order under Rule 4- , the Director-General of Civil Aviation shall be empowered to pass a final order based on information made available to him by the officer-in -charge of the aerodrome, or any other reliable source.

RULE 6A. APPEAL AGAINST THE FINAL ORDER.

6 If any person is aggarived by the final order passed under Rule 6, he may prefer an appeal to Director General of Civil Aviation within sixty days of the date of the order and the Director General shall after hearing the concerned parties, desirous of being heard, either confirms or modify of reject the final order.

RULE 7 OWNER TO COMPLY WITH THE ORDER

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(1) The final order of 5 ["a Joint Director General of a Deputy Director General of Civil

Aviation"] shall be served on the owner through the officer-in-charge of the aerodrome following the same procedure as for the service of the notification;

(2) The owner shall comply with the directions contained in the final order within the time limit specified therein.

4 "(3) The owner may claim compensation in accordance with the provisions contained in Section 9B of the Act."

RULE 8 NON NON-COMPLIANCE TO BE REPORTED TO THE DISTRICT COLLECTOR

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(1) If the owner fails to carry out the directions contained in the order passed by 5 ["a Joint Director General of a Deputy Director General of Civil Aviation"] under Rule 6- within the time limit specified therein, the officer-in-charge of the aerodrome shall report the matter to the District Collector giving brief facts of the case and a copy of the final order of the Director-General of Civil Aviation.

(2) On receiving the report from the officer-in-charge of the aerodrome, the District Collector shall carry out forthwith the demolition of the building or the cutting of the tree, or the reduction in height of the building, as the case may be, in the same manner and by the same procedure as is followed in case of demolition of any unauthorised construction in his district.