The Rajya Sabha on Tuesday passed the Aircraft (Amendment) Bill, 2020, which seeks to improve the safety and security of passengers, aircraft and airports and meet the requirements of the International Civil Aviation Organisation (ICAO). The Bill seeks to convert three existing regulatory bodies under the Civil Aviation Ministry — The Directorate General of Civil Aviation (DGCA), the Bureau of Civil Aviation Security (BCAS), and the Aircraft Accidents Investigation Bureau (AAIB) — into statutory bodies.
The Bill will amend the Aircraft Act, 1934 regulates the manufacture, possession, use, operation, sale, import and export of civil aircraft and licensing of aerodromes.
As per the Bill, the DGCA shall be responsible for carrying out the safety oversight and regulatory functions in matters specified in the Act and the administration of the DCGA shall vest in Director General of Civil Aviation.
The Bureau of Civil Aviation Security (BCAS) shall be responsible for matters relating to civil aviation security and will be headed by the Director-General of the Bureau of Civil Aviation Security.
The Aircraft Accidents Investigation Bureau (AAIB) shall be responsible for investigating aircraft accidents or any incidents specified in the Act and will be headed by the Director-General of Aircraft Accidents Investigation Bureau.
The Bill also states that the Union government has the power to appoint any other officer or authority specially empowered to exercise the powers of the heads of these three bodies.
The Bill also proposes to increase the penalty to be imposed on aviation companies for violation of rules from the existing Rs 10 lakh to Rs 1 crore. It also gives the Union government the power to cancel licences, certificates or approvals granted to a person under the Act, if the person contravenes any provision of the Act. These are licenses issued for repair and maintenance of aircraft, their operation, the establishment of aerodromes and air transport service.
Under the Aircraft Act, 1934, the penalty for various offences is imprisonment of up to two years or a fine of up to Rs 10 lakh, or both. The offences include carrying explosives, arms or any other dangerous goods on an aircraft, contravening rules notified under the Act and construction of buildings or structures within the specified radius around an aerodrome.
The Bill also gives the Director-General of Bureau of Civil Aviation Security or any other officer appointed by the Union government the power to issue directions (consistent with the provisions of this Act) to any person or persons using any aerodrome, or engaged in the aircraft operations, air traffic control, maintenance and operation of the aerodrome, or safeguarding civil aviation against acts of unlawful interference.
The Bill also gives the Union government power to appoint officers who are not below the rank of Deputy Secretary to the Government of India or equivalent, to adjudge penalty as it considers necessary after giving the person an opportunity of being heard.
Taking the Bill up for discussion, Civil Aviation Minister Hardeep Singh Puri also listed the achievements in the sector, challenges arising out of the COVID-19 pandemic and steps being taken by the ministry to overcome those.
Objections to the Bill
There was some opposition to the Bill during the discussion. Tripura MP Jharna Das alleged that the Adani Group would be the main beneficiary of the Bill and that the Union government wants to appoint its own people in statutory bodies, which she said is completely unethical.
During the discussion, Congress MP KC Venugopal questioned how Adani won all the six bids for privatisation of airports and that conditions were modified to favour Adani.
He also raised issues of safety and spoke about the recent Karipur flight crash incident in Malappuram district of Kerala. He said that these incidents could be because of the shortage of flight security officers.