1. Short title and extent - (1) These rules may be called the Aircraft Rules, 1937.
(2)
They extend to the whole of India and apply also (unless the contrary intention
appears) -
(a) to, and to persons on, aircraft
registered in India wherever they may be, expect cases falling under
sub-rule(4);
(b) to, and to persons on, all
aircraft for the time being in or over India :
Provided
that in the case of aircraft registered in a country other than India, the
regulations of that country relating to registration, license of personnel,
airworthiness and log books shall apply in place of the provisions contained in
Parts IV, V, VI and IX of these Rules :
Provided
further that the foregoing proviso shall not apply to aircraft registered in
any country whose regulations are not based on standards at least equal to the
minimum standards established from time to time under the Convention on
International Civil Aviation opened for signature at Chicago on the 7th
December, 1944, and the cases falling under sub-rule(3).
(2A)
In case of aircraft registered in a contracting State other than India and
operated pursuant to an agreement for the lease, charter or interchange of the
aircraft or any similar arrangement by an operator who has his principal place
of business, or, if has no such place
of business, his permanent residence in another contracting State than India,
the regulations of the other contracting State relating to registration,
licensing of personnel, airworthiness and log books shall apply in place of the
provisions contained in Parts IV, V, VI and IX of these rules, provided that an
agreement has been reached between the Government of State of registry of
aircraft and the government of the other contracting State relating to transfer
of functions and duties pursuant to Article 83 bis of the Convention and the same
has been officially notified to the Government of India or the International
Civil Aviation Organisation. The extent of application of these rules to such
aircraft shall be as per the agreement between the two Governments.
(3)
These rules shall also apply to aircraft registered in a contracting State and
operated pursuant to an agreement for the lease, charter or interchange of the
aircraft or any similar arrangement by an operator who has his principal place
of business, or, if he has no such place of business, his permanent residence
in India, provided that an agreement has been reached between the government of
the State of registry of the Aircraft and the Government of India in regard to
transfer of functions and duties pursuant to Article 83 bis of the convention.
The extent of application of these rules to such aircraft shall be as per the
agreement between the two Governments.
(4)
These rules shall not apply to aircraft registered in India and operated
pursuant to an agreement for the lease, charter or interchange of aircraft or
any similar arrangement by an operator who has his principal place of business
or if he has no such place of business, his permanent residence in a
contracting State, provided that an agreement has been reached between the
Government of India and the Government of that contracting state in regard to
transfer of functions and duties pursuant to Article 83 bis of the Convention.
The extent of non-application of these rules to such aircraft shall be as per
the agreement between the two Governments.
[Amended by (i) G.S.R. No. 794, dated. 16-5-1966,
(ii)
G.S.R. No. 20(E) dated 12-1-1994, and
(iii)
G.S.R. No. 812(E) dated 21-11-2008.]