Ram Mohan Naidu tables Aviation bill to replace British-era Act in Lok Sabha

Civil aviation minister Ram Mohan Naidu introduced the Bharatiya Vayuyan Vidheyak, 2024, in the Lok Sabha on Wednesday, aiming to overhaul civil aviation regulations and replace the 90-year-old Aircraft Act.

Civil aviation minister Ram Mohan Naidu introduced the Bharatiya Vayuyan Vidheyak, 2024, in the Lok Sabha on Wednesday, aiming to overhaul civil aviation regulations and replace the 90-year-old Aircraft Act.

The proposed legislation includes provisions to regulate aircraft design and manufacturing, supporting the Atmanirbhar Bharat initiative for self-reliance. (Sansad TV)

Addressing the lower house, Naidu explained the need for new legislation, citing the 21 amendments made to the 1934 Act over nine decades.

“As a result of numerous amendments over a period of 90 years, a need is felt to address the ambiguities and confusion experienced by the stakeholders, to remove redundancies, to enable ease of doing business and to provide for manufacture and maintenance in the aviation sector, and to re-enact the aforesaid Act in the form of a Bill,” Naidu stated in the bill’s ‘statement of objects and reasons’ section.

The proposed legislation includes provisions to regulate aircraft design and manufacturing, supporting the Atmanirbhar Bharat initiative for self-reliance. It also enhances the Central government’s authority to prohibit or regulate certain construction activities, issue directives, detain aircraft, and enact emergency orders when necessary.

During the bill’s introduction, some members of the opposition questioned the Hindi nomenclature of the draft legislation. “What is the logical reason for changing the nomenclature of the bill? People from south India will be unable to even read the name of the Bill,” RSP member N K Premachandran said, opposing the introduction of the Bill, according to news agency PTI.

Naidu said the objection to the nomenclature of the bill was settled during the discussion on the three criminal justice laws – Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam.

“We are not violating any part of the Constitution,” the minister said.

The bill outlines 10 primary objectives, including regulating aircraft design, manufacturing, and maintenance. Additionally, it empowers the Central government to establish rules for international aviation standards, civil aviation security, and issue emergency orders for public safety.

However, experts said that the 26-page document does not appear significantly different from the 1934 Act. The government has not provided clarification on the changes made in the new bill compared to its predecessor.

Aviation industry experts suggest that while the new bill does not introduce substantial differences, it grants the Directorate General of Civil Aviation (DGCA) authority to penalise stakeholders for rule violations.

Mark Martin, CEO and founder of Martin Consulting, an aviation advisory firm, expressed concerns about the legislation’s approach. “The new regulation doesn’t encourage a very harmonious, conducive way of working between the regulator and operators, but on the other hand, encourages a more harsh fine and penalties driven way of working, which is not going to be very conducive in the long term,” he said.

Martin added, “This regulation is not going to be very well favoured by the airline industry collectively and a significant amount of changes would be required, including adding possible compliances as needed for ICAO under a non-punitive approach.”

Aviation expert Mohan Ranganathan echoed these sentiments, stating, “As long as the DGCA has powers to grant exemptions and waivers at his discretion, Rules are meaningless and it leaves doors open for corruption. What India needs is an independent Regulator and Accident Investigation Bureau with ZERO interference from MoCA (ministry of civil aviation). As long as all departments come under the ministry control, very little chance of having a safe and efficient aviation system.”

The bill is among six pieces of legislation the government indicated as part of its legislative agenda that it disclosed on July 19, ahead of the start of the Budget session, which is scheduled to run till August 12.

(With PTI inputs)