Table showing sections of the Aircraft Act, 1934 and the corresponding sections of the Bharatiya Vayuyan Adhiniyam, 2024 I-11
Table showing sections of the Bharatiya Vayuyan Adhiniyam, 2024 and the corresponding sections of the Aircraft Act, 1934 I-14
Comparative Study of Aircraft Act, 1934 (repealed) with Bharatiya Vayuyan Adhiniyam, 2024 I-17
BHARATIYA VAYUYAN ADHINIYAM, 2024
CHAPTER I PRELIMINARY
1. Short title, extent, application and commencement 1
2. Definitions 2
CHAPTER II
DIRECTORATE GENERAL OF CIVIL AVIATION
3. Directorate General of Civil Aviation 4
4. Power of Director General of Civil Aviation to issue directions 4
CHAPTER III
BUREAU OF CIVIL AVIATION SECURITY
5. Bureau of Civil Aviation Security 6
25.
26.
27.
28.
29.
30.
31.
32.
AIRCRAFT (INVESTIGATION OF ACCIDENTS AND INCIDENTS) RULES, 2025
3.
5.
7.
13.
TELEPHONE OPERATOR
5. Delegation of Powers
6. Issuance of Radio Telephone Operator (Restricted) Certificate and Licence 69
7. Eligibility for appearing in Radio Telephone Operator (Restricted) Certificate and Licence examination 69
8. Application 70
9. Examinations 70
10. Fee and other charges 71
11. Requirements for issue of certificate and licence 71
12. Validity of certificate and licence 71
13. Scope of authority to operate
14. Production of certificate and licence
15. Issue of duplicate or variation in a certificate and licence
16. Disqualification from holding or obtaining a certificate and license
17. Cancellation or suspension of certificate and licence 73
18. Appeals 73
19. Offences and Compounding 74
20. Directions by Director-General 74
21. Saving of certificate and licence issued under the earlier rules 74
Bharatiya Vayuyan Adhiniyam, 2024
[16 OF 2024]1
An Act to provide for regulation and control of the design, manufacture, maintenance, possession, use, operation, sale, export and import aircraft and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
Short title, extent, application and commencement.
1. (1) This Act may be called the Bharatiya Vayuyan Adhiniyam, 2024.
(2)It extends to the whole of India and applies to—
(a)citizens of India wherever they may be;
(b)the aircraft, and the persons on aircraft, registered in India wherever they may be;
(c)the aircraft, and the persons on aircraft, registered outside India, but for the time being in or over India; and
(d)an aircraft operated by a person who is not a citizen of India but has his principal place of business or permanent residence in India.
(3)It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
1.Dated 11-12-2024.
2. NOTIFICATION NO. S.O. 5646, DATED 31-12-2024:—In exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024), the Central Government hereby appoint the 1st day of January, 2025 as the date on which provisions of the said Act, shall come into force.
S. 2
VAYUYAN ADHINIYAM, 2024 2
COMMENTS
SECTION NOTES
This Act has come into force with effect from 1st January, 2025, vide notification No. S.O. 5646(E), dated 31st December, 2024 issued by the Central Government under section 1(3).
The Bharatiya Vayuyan Adhiniyam, 2024 repeals and replaces the Aircraft Act, 1934 “the 1934 Act’ with effect from 1-1-2025.
Extent
This Act extends to the whole of India.
Application of this Act
This Act applies to—
(a) citizens of India wherever they may be;
(b) the aircraft, and the persons on aircraft, registered in India wherever they may be;
(
c) the aircraft, and the persons on aircraft, registered outside India, but for the time being in or over India; and
(d) an aircraft operated by a person who is not a citizen of India but has his principal place of business or permanent residence in India.
Definitions.
2. In this Act, unless the context otherwise requires,—
(1) “aerodrome” means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing, departure and surface movement of aircraft, and includes all buildings, sheds, vessels, piers and other structures thereon or appertaining thereto;
(2) “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) “aircraft” means any machine that can derive support in the atmosphere from reactions of the air, other than reactions of the air against the earth’s surface;
(4) “Aircraft Accidents Investigation Bureau” means the Aircraft Accidents Investigation Bureau constituted under section 7;
(5) “Bureau of Civil Aviation Security” means the Bureau of Civil Aviation Security constituted under section 5;
(6) “design” means the set of data and information that defines the configuration of an aeronautical product type, its associated parts and appliances for the purpose of airworthiness determination;
(7) “Directorate General of Civil Aviation” means the Directorate General of Civil Aviation constituted under section 3;
(8) “export” means taking out of India;
(9) “import” means bringing into India;
BHARATIYA
BHARATIYA VAYUYAN ADHINIYAM, 2024 S. 2
(10) “maintenance” means the performance of the tasks on an aircraft, engine, propeller or associated part required to ensure the continuing airworthiness of an aircraft, engine, propeller or associated part including any one or combination of overhaul, inspection, replacement, defect rectification, and the embodiment of a modification or repair;
(11) “manufacture” means the performance of tasks that involve assembly or production of aircraft, engine, propeller or associated parts and appliances in conformity with its applicable design including prototype;
(12) “prescribed” means prescribed by rules made under this Act.
COMMENTS
SECTION NOTES
The Aircraft Act, 1934 was enacted to provide for the control of the manufacture, possession, use, operation, sale, import and export of aircraft.
The Bharatiya Vayuyan Adhiniyam, 2024 (BVA) repeals and replaces the 1934 Act. Its avowed aims and objects are to provide for regulation and control of the design, manufacture, maintenance, possession, use, operation, sale, export and import of aircraft.
The 1934 Act did not define the terms “design”, “manufacture” and “maintenance”. Section 2 of BVA incorporates new definitions of terms of “design”, “manufacture” and “maintenance”. These terms have been defined to promote “Make in India” and “Aatmanirbhar Bharat” initiative of the Government in long run as it will help to regulate important aspect of maintenance including emerging Maintenance, Repair and Overhaul (MRO) sector. It will also enable Government to perform the functions of “State of Design” and consequently for development of manufacturing of aircraft in the country.
CASE LAWS
Exclusion of Aircraft from SARFAESI Act Recovery Proceedings - The case addressed whether a bank could take possession of two aircrafts under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The Chhattisgarh High Court held that in view of section 2(1) of the Aircraft Act, 1934, and the express bar under section 31(c) of the SARFAESI Act, the provisions of the 2002 Act do not apply to the creation of security interest in aircraft. Since the impugned notices included aircraft as secured assets for possession, the Court declared such action illegal. Additionally, it found that the bank failed to decide the borrower’s objection filed under section 13(3A) of the SARFAESI Act, a mandatory requirement. On both grounds—lack of jurisdiction over aircraft under the SARFAESI framework and failure to comply with procedural safeguards—the Court quashed the bank’s recovery proceedings while allowing lawful action in future, strictly in accordance with applicable law. – Chhattisgarh Aviation Academy, Durg, Chhattisgarh v. Punjab National Bank, Durg, Chhattisgarh AIR 2020 CHHATTISGARH 96.
Definition of Aircraft – Coverage of Glider Accident under Insurance Policy - This case arose from the insurer’s repudiation of a claim under a personal accident policy following the death of the respondent’s son in a mid-air collision involving a motorised glider in Canada. The insurer argued that a glider was not a “standard type of aircraft” and that the deceased was not a fare-paying passenger of a duly licensed aircraft operated by a regular airline or air charter company. The Supreme Court held that the glider qualified as an “aircraft” under section 2(1) of the Aircraft Act, 1934, which explicitly
S. 4
2024 4
includes gliders within its definition. Since the insurance policy did not define “standard type of aircraft,” and gliding was not excluded unlike hang-gliding or paragliding, the Court applied the contra proferentem rule to interpret the ambiguity in favour of the insured. It also affirmed that the glider was duly licensed, certified, and maintained per applicable regulations, and that the operator, Pemberton Soaring Centre, qualified as an air charter company. The deceased, who paid for the sightseeing ride, was thus held to be a fare-paying passenger. Consequently, the insurer was directed to pay the sum assured, confirming that the policy covered the incident. – Bharti AXA General Insurance Co. Ltd. v. Priya Paul AIR 2020 SUPREME COURT 3636
CHAPTER II
DIRECTORATE GENERAL OF CIVIL AVIATION
Directorate General of Civil Aviation
3. (1) The Directorate General of Civil Aviation constituted under the Aircraft Act, 1934 (22 of 1934), shall be deemed to have been constituted under this Act, which shall be headed by an officer designated as the Director General of Civil Aviation appointed in this behalf by the Central Government by notification in the Official Gazette.
(2) The Directorate General of Civil Aviation shall be responsible for carrying out the safety oversight and regulatory functions in respect of matters specified in this Act or the rules made thereunder.
(3) The administration of the Directorate General of Civil Aviation shall vest in the Director General of Civil Aviation.
(4) The Central Government may, by an order published in the official Gazette, direct that any power exercisable by the Director General of Civil Aviation may also be exercisable by any other officer or authority specially empowered in this behalf by the Central Government.
COMMENTS
SECTION NOTES
Section 3 corresponds to section 4A of the 1934 Act. There is no change in the provisions. Section 3 provides for the constitution of the Directorate General of Civil Aviation responsible for safety and regulatory oversight and regulatory functions, appointment of the Director General of Civil Aviation (DGCA) by the Central Government and delegation by the Central Government of powers of DGCA to any other officer or Authority.
Power of Director General of Civil Aviation to issue directions.
4. (1) The Director General of Civil Aviation or any other officer specially empowered in this behalf by the Central Government may, from time to time, by order, issue directions, consistent with the provisions of this Act and the rules made thereunder, with respect to any of the matters specified in clauses (b), (e), (g) (i), (j), (k), (l), (m), (n), (o), (p), (q), (r) (s), (w), (zb), (zc), (zd) and (zf) of sub-section (2) of section 10, to any person or persons using any aerodrome or engaged in the aircraft operations, air traffic control, maintenance and operation of aerodrome,
BHARATIYA VAYUYAN ADHINIYAM 2024 WITH RULES – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN’S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JULY 2025
EDITION : 2025 EDITION
ISBN NO : 9789371263443
NO. OF PAGES : 100
BINDING TYPE : PAPERBACK
DESCRIPTION
Bharatiya Vayuyan Adhiniyam 2024 with Rules [ Bare Act with Section Notes ] by Taxmann is the authoritative legal resource on India’s overhauled aviation framework. This 2025 Edition consolidates the full, updated text of the Bharatiya Vayuyan Adhiniyam, Act No. 16 of 2024, along with the latest rules, expert section notes, comparative tables, and focused commentary. Replacing the Aircraft Act of 1934, the new Act introduces modern regulatory authorities, expanded safety provisions, and robust compliance mechanisms, fully aligned with global best practices and national initiatives such as ‘Make in India’.
This book is intended for the following audience:
• Legal Practitioners, Judges & Law Firms
• Aviation Industry Professionals & Airlines
• Government Authorities & Regulators
• Academics, Researchers & Students
• Aviation Consultants, Insurers & Policy Makers
The Present Publication is the 2025 Edition, covering the amended and updated text of the Bharatiya Vayuyan Adhiniyam [ Act No. 16 of 2024 ] and Rules, with the following noteworthy features:
• [Updated Statutory Text] Complete text of the Act and the latest rules, including Aircraft Accident Investigation Rules 2025 and Radio Telephone Operator Licence Rules 2025
• [Section-wise Notes] Expert notes and commentary, with references to relevant case law
• [Comparative Tables] Direct mapping of new Act sections to those of the repealed Aircraft Act 1934
• [Compliance Tools] Clear procedures, penalty structures, licensing requirements, and practical guidance for stakeholders
• [User-friendly Structure] Subject index, correlation tables, and a bare act format for quick and reliable reference
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