30. Certificate
of Registration – (1) The authority empowered to
register aircraft and to grant certificate of registration in India shall be
the Central Government. The certificate of registration shall include the
following particulars, namely:
Type of aircraft,
constructor’s number, year of manufacture, nationality
and registration marks referred to under these rules, full name, nationality
and address of the owner, usual station of aircraft and the date of
registration and the period of validity of such registration:
Provided that in the
case of a leased aircraft, the certificate of registration shall also include
the validity of the lease and the names, nationalities and addresses of the lessor and the lessee:
(1A) The Central Government may by general or special
order issued from time to time, specify the period of validity of registration
of the aircraft.
(2) An aircraft may be registered in India in either
of the following categories, namely:
(a) Category A – Where the aircraft is wholly owned
either –
(i) by citizens of India; or
(ii) by a company or corporation registered and having its
principal place of business within India; or
(iii) by the Central Government or any State Government or any
company or any corporation owned or controlled by either of the said
Governments; or
(iv) by a company or
corporation registered elsewhere than in India, provided that such company or
corporation has given the said aircraft on lease to any person mentioned in
sub-clause (i), sub-clause (ii) or sub-clause (iii);
and
(b) Category B – Where the aircraft is wholly
owned either –
(i)
by persons resident in or carrying on business in
India, who are not citizens of India; or
(ii) by
a company or corporation registered elsewhere than in India and carrying on
business in India.
(3) No aircraft in respect of which the conditions
required in sub-rule (2) are not satisfied, or which is already validly registered in another
country, shall be registered in India.
(4)
In a case where the usual station of an aircraft and its ordinary area of
operation are not situated in India, the Central Government may decline to
accept an application for registration of the aircraft in India, or, as the
case may be, to permit the aircraft to remain registered in India, if, in its
opinion, the aircraft could more suitably be registered in some other country.
(5)
In any particular case, the Central Government may decline to register an
aircraft in India, if, in the circumstances of the case, it appears to it to be
inexpedient in the public interest that the aircraft should be so registered.
(6)
The registration of an aircraft registered in India may be cancelled at any
time by the Central Government, if it is satisfied that –
(i) such
registration is not in conformity with the provisions of sub-rule (2); or
(ii) the registration has
been obtained by furnishing false information; or
(iii) the aircraft could more
suitably be registered in some other country; or
(iv) the lease in
respect of the aircraft, registered in pursuance of sub-clause (iv) of clause
(a) of sub-rule (2), has expired or has been terminated in accordance with terms of lease; or
(v) the
certificate of airworthiness in respect of the aircraft has expired for a
period of five years or more; or
(vi) the aircraft has been
destroyed or permanently withdrawn from use; or
(vii) it is inexpedient in the public interest that the aircraft
should remain registered in India.
(7) The registration of an aircraft registered in India, to which the provisions of the Cape Town Convention and Cape Town Protocol apply, shall be cancelled by the Central Government, within five working days, without seeking consent or any document from the operator of the aircraft or any other person, if an application is received from the IDERA Holder along with:—
(i) the original or notarised copy of the IDERA recorded with the Director-General; and
(ii) a priority search report from the International Registry regarding all Registered Interests in the aircraft ranking in priority along with a certificate from the IDERA Holder that all registered interests ranking in priority to that of the IDERA Holder in the priority search report have been discharged or that the holders of such interests have consented to the deregistration and export of the aircraft:
Provided that such cancellation of registration of the aircraft shall not affect the right of the Central Government or of any entity thereof, or any inter-governmental organisation in which India is a member, or other private provider of public services in India, to arrest or detain or attach or sell an aircraft object under its laws for payment of amounts owed to the Government of India, any such entity, organisation or provider directly relating to the services provided by such aircraft in respect of that object.
Explanation.─ For the purpose of this sub-rule, “International Registry” “means the Registry established under Article 16 of the Cape Town Convention”.
[Amended by – (i) GSR No. 1202 dated 23.7.1976;
(ii) GSR No. 36 dated 7.1.1992;
(iii) GSR 349(E) dated 31.7.1996;
(iv)
GSR 404(E) dated 14.7.1997
(v) G.S.R. 813(E) dated 21-11-2008;
(vi) G.S.R. 28(E) dated 17th January 2011;
(vii) G.S.R. No. 78(E) dated 9-2-2015;
(viii) G.S.R. No. 295(E) dated 23-3-2017; and
(ix) G.S.R. No.
821(E) dated 27th August 2018]