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Published by Enhelion, 2021-11-09 01:28:31

Module_3

Module_3

MODULE 3

MINISTRY OF CIVIL AVIATION AND DRONES

3.1. HISTORY OF CIVIL AVIATION IN INDIA

The Aviation Industry is the fastest growing industries in the world. After
liberalization, it has undergone huge transformation in India. In the beginning, it
was owned by the Government, but now the aviation sector of India is privately
owned ,with full service airways and affordable carriers by the private
companies.

The history of civil aviation in India began in December 1912. This was with
the opening of the first domestic air route between Karachi and Delhi by the
Indian State Air Services in collaboration with the Imperial Airways, UK.
Though it was a mere extension of London-Karachi flight of the latter airline, it
is still considered to be the beginning of civil aviation in India. Three years
later, the first Indian airline, Tata Sons Ltd., started a regular airmail service
between Karachi and Madras without any patronage from the government.1

In 1948, a joint sector company, Air India International Ltd., was established by
the Government of India and Air India with a capital of Rs.2 crores. Its first
flight took off on June 8, 1948 on the Mumbai (Bombay)-London air route.2

At the time of its nationalization in 1953, it was operating four weekly services
between Mumbai- London and two weekly services between Mumbai and
Nairobi. The joint venture was headed by J.R.D. Tata, a visionary who had

1 https://www.scribd.com/document/36454244/The-History-of-Civil-Aviation-in-India-Began-in-December-
1912
2 Ibid.

founded the first India airline in 1932 and had himself piloted its inaugural
flight.3

3.2. IMPORTANCE OF AIR TRANSPORT
In globalized economy, air transport plays a vital role in the country’s transport
infrastructure. Civil Aviation Sector contributes substantially to the process of
development of employment and increasing the efficiency of moving goods
from one country to another . It also helps with developing and supporting
tourism. With the rapid growth of India’s international trade, it leads to a faster
mode of transport services to move across a long distance.
Increased air connectivity enables manufacturing enterprises to exploit the
speed and reliability of air transport to ship components across firms that are
based in different and distant locations, thereby minimizing the inventory cost.
Countries with higher connectivity in general are stated to be more successful at
attracting Foreign Direct Investments.4
The transportation of high value goods and perishable goods is also efficiently
done by the air transport authorites.

3.3. FUNCTIONS OF THE MINISTRY OF CIVIL AVIATION

3 Ibid.
4 https://www.studymode.com/essays/3-Role-Of-Air-Transport-In-66397324.html

The Ministry of Civil Aviation is in charge of the plan of national approaches
and projects for the advancement and direction of the Civil Aviation segment in
the nation. It is in charge of the organization of the Aircraft Act, 1934, Aircraft
Rules, 1937 and different other enactments relating to the Aeronautics sector in
the nation.

The Ministry has drawn out a far-reaching ‘National Civil Aviation Policy’ on
June 2016 for giving an impulse to the flying part by making flying moderate,
acquiring more straightforwardness, ease of doing business and giving a solitary
structure to all aviation-related issues. The National Civil Aviation Policy has
been approved by the Union Cabinet on 15 June, 2016. 5

The strategy is extremely thorough, covering 22 zones of the Civil Aviation
part. Its notable highlights are as follows :

Local Connectivity Scheme 6

• This plan will become effective in the second quarter of 2016-17

• Airfare of about Rs2500 per traveller for a one-hour flight

• Revival of airstrips/airplane terminals as No-Frills Airports at a
characteristic expense of Rs.50 crores to Rs100 crore

• Demand-driven determination of Airports/airstrips for restoration in the
interview with State Governments and aircrafts

• Viability Gap Funding (VGF)to aircraft administrators

5 Sidhant Mood, (Feb 20, 2017) Young Professional at Ministry of Civil Aviation, India. Retrieved from
https://www.quora.com/What-function-does-the-Ministry-of-Civil-Aviation-of-Government-of-India-serve.
6 Ibid.

• RCS just in those states which diminish VAT on ATF to 1% or less, give
other help administrations and 20% of VGF

• Concessions by Stakeholders

• There will be no airplane terminal charges

• Reduced Service impose on tickets (on 10% of the assessable esteem) for
1 year at first

• Reduced Excise obligation at 2% on ATF picked at RCS air terminals

• State government will give police and fire benefits free of expense.
Power, water and different utilities at concessional rates

• Creation of Regional Connectivity finance for VGF through a little exact
per takeoff on every single domestic flight other than Cat II/Cat IIA
courses, RCS courses and little airship beneath 80 seats at a rate as
chosen by the Ministry now and again

• VGF to be shared among MoCA and State Governments in the proportion
of 80:20. For the North Eastern States, the proportion is 90:10

Route Dispersal Guidelines (RDG) 7

• Category I to be supported depends on straightforward criteria, i.e., flying
separation of more than 700km, normal seat factor of 70% or more a
yearly activity of 5 lakh travelers

• The percentage of Cat. I traffic to be deployed on Cat.II and IIA will
continue as before while for CATIII it will be 35%. Routes to
Uttarakhand and Himachal Pradesh incorporated into Category II

7 Ibid.

• Revised classification to apply from the winter schedule of 2017

• The perspective of routes will be finished by MoCA once every 5 years

• Withdrawal or update of domestic activities to and inside North East
Region and so forth, subject to the full consistency of RDG, should be
possible under earlier implication to MoCA something like three months
previously withdrawal or amendment of the administration

5/20 Requirement for International Operations8

• Replaced with a plan which gives a dimension playing field

• All carriers would now be able to begin international operations given
that they send 20 aircraft or 20% of aggregate limit (in term of normal
number of seats on all take-offs set up together), whichever is higher for
domestic operations

Bilateral Traffic Rights9

• Government of India (GoI) will go into 'Open Sky' ASA on an equal
premise with SAARC nations and nations situated past 5000 km from
Delhi

• For nations inside 5000 km sweep, where the Indian bearers have not
used 80% of their ability privileges but rather remote transporters/nations
have used their respective rights, a technique will be prescribed by a
Committee headed by Cabinet Secretary for the apportioning of extra
limit qualifications

8 Ibid.
9 Ibid.

• Whenever assigned transporters of India have used 80% their ability
qualifications, a similar will be renegotiated in a typical way.

Ground Handling Policy10

• The Ground Handling Policy/Instructions/Regulations will be supplanted
by another system

• The airplane terminal administrator will guarantee that there will be three
Ground Handling Agencies (GHA) including Air India's backup/JV at all
significant air terminals as characterized in AERA Act

• At non-real airplane terminals, the air terminal administrator to choose
the quantity of ground dealing with offices, in light of the movement
yield, airside and terminal building limit

• All domestic scheduled carrier administrators including helicopter
administrators will be allowed to do self-dealing with at all air terminals
through their normal representatives

• Hiring of representatives through labour provider or contract

• Workers won't be allowed for security reasons

Airport Public Private Partnership (PPP)/ Airports Authority of India
(AAI)11

• Encourage improvement of airplane terminals by AAI, State
Governments, the private sector or in PPP mode

• Future taxes at all airplane terminals will be computed on a 'hybrid till'
premise except if indicated generally in concession understandings. 30%

10 Ibid.
11 Ibid.

of non-aeronautical income will be utilized to cross-sponsor aeronautical
charges

• Increase non-aeronautical income by better usage of business chances of
city side land

• AAI to be remunerated in the event that another greenfield air terminal is
endorsed in future inside a 150 km span of a current unsaturated
operational AAI airplane terminal (not appropriate to common enclaves)

Aviation Security, Immigration and customs12

• MoCA will create 'service delivery modules' for aeronautics security,
Immigration, Customs, isolate officers and so forth in interviews with
particular Ministries/Departments

• Allow Indian transporters to give security administrations to other
domestic aircrafts subject to the endorsement of BCAS

• Encourage utilization of private security offices at air terminals for non-
centre security capacities to be chosen in conference with MHA

• Such organizations ought to be enlisted under the Private Security
Agencies (Regulation) Act, 2005 and will likewise be independently
licensed by BCAS

• Subject to least benchmarks being met, security engineering at the
distinctive airplane terminals will be proportionate to the danger
arrangement and traffic volume.

Helicopters and Charters13

12 Ibid.
13 Ibid.

• Separate controls for helicopters will be advised by DGCA after due
partner counsel

• MoCA to organize with Government organizations and other helicopter
administrators to encourage Helicopter Emergency Medical Services

• Helicopters will be allowed to fly from point to point without earlier ATC
freedom in airspace beneath 5000 feet and territories other than
controlled or disallowed or confined airspace

• Airport charges for helicopter activities will be suitably rationalized

• The current approach of permitting Inclusive visit bundle contracts will
be additionally assessed to incorporate more classifications of traveller
sanction flights perceived internationally.

Maintenance, Repair and Overhaul14

The MRO business of Indian carriers is around Rs.5000 crores, 90% of which is
as of now spent outside India. In the financial plan for 2016-17, traditions
obligation has been justified and the methodology for freedom of products
rearranged. Further motivators proposed in the arrangement to give a push to
this part:

• MoCA will influence State Governments to make VAT zero-appraised on
MRO exercises

• Provision for satisfactory land for MRO specialist organizations will be
made in all future airplane terminal/heliport ventures where the potential
for such MRO administrations exists

14 Ibid.

• Airport royalty and extra charges won't be imposed on MRO specialist
co-ops for a time of five years from the date of endorsement of the
arrangement

Aviation Education and Skill Building15

Assessed coordinate extra business prerequisite of the Civil Aviation Sector by
2025 is about 3.3 lakh. All preparation in the non-authorized class will comply
with National Skill Qualification Framework norms. MoCA will give full help
to the Aviation and Aerospace Sector Skill Council and other comparative
associations/offices for giving abilities for the developing flying industry. There
are about 8000 pilots holding CPL yet who have not discovered any standard
work. MoCA will build up a plan with budgetary help for Type-rating of Pilots.
The itemized plan will be worked out independently.

3.4. DIFFERENCE BETWEEN AIRCRAFT RULES AND THE CIVIL
AVIATION REQUIREMENTS

The Aircraft Act is an act of parliament to “make better provision for the control
of the manufacture, possession, use, operation, sale, import and export of
aircraft.16”

Aircraft Act, 1934

The Act, and any amendments to it, have to be passed by parliament.

In exercise of the powers conferred by sections 5 and 7 and sub-section (2) of
section 8 of the Aircraft Act, 1934 (XXII of 1934) and section 4 of the Indian

15 Ibid.
16 Krishna Kumar Subramanian, (July 21, 2017) Living with BIG airplanes all my working life. Retrieved from
https://www.quora.com/What-is-the-difference-between-aircraft-rule-and-the-civil-aviation-requirement.

Telegraph Act, 1885 (XIII of 1885), and in supersession of the Indian Aircraft
Rules, 1920, with the exception of Part IX thereof, the Central Government is
pleased to make the following rules, the same having been previously
published, as required by section 14 of the former Act:

The Aircraft Rules, 1937

Section 4 of the Aircraft Act, 1934 enables the Central Government to make
rules to implement the Convention relating to International Civil Aviation
signed at Chicago on the 7th day of December, 1944 including any Annex
thereto relating to International standards and recommended practices as
amended from time to time.

Section 5A of the said Act empowers the Director General to issue directions
for securing the safety of aircraft operations. Rule 29C of the Aircraft Rules
1937 enables DGCA to lay down standards and procedures not inconsistent
with the Aircraft Act, 1934 and the rules made thereunder to carry out the
Convention and any Annex thereto referred to above.

Finally, in accordance with rule 133A of the Aircraft Rules, 1937, the Director
General may issue, inter alia, Civil Aviation Requirements not inconsistent with
the Aircraft Act, 1934 and the rules made thereunder.

In summary:

• The Aircraft Act and any amendments need parliamentary approval.

• The Aircraft Rules and the Civil Aviation Requirements are laid down by
the office of the Director General of Civil Aviation, under the authority of
the Aircraft Act, and do not require parliamentary approval.


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