SCHEDULE THE AIR TRANSPORT LICENSING BOARD 1. The Board shall consist of not less than six nor more than ten members appointed by the Minister, who shall also appoint two of those members to be chairman and deputy chairman respectively of the Board. 2. Subject to the provisions of this Schedule, the chairman, the deputy chairman and each of the other members of the Board shall hold and vacate his office in accordance with the terms of the instrument appointing him. 3. The Minister— (a) shall pay to any member of the Board such remuneration (whether by way of salary or fees) and such allowances as the Minister may with the approval of the Treasury determine; and (b) in the case of any member of the Board with respect to whom the Minister may with the said approval determine, shall make such provision for the payment of a pension to or in respect of that member as he may so determine; and the Minister shall, as soon as possible after the establishment of the Board, lay before each House of Parliament a statement of the remuneration and allowances that are or will be payable under this paragraph to the members of the Board; and if any subsequent determination made by him under this paragraph involves any departure from the terms of that statement or if a determination so made provides for the payment of a pension to or in respect of any member of the Board, the Minister shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament. 4. In Part II of the First Schedule to the House of Commons Disqualification Act, 1957 (which specifies certain bodies all members of which are disqualified under that Act) and in the Part substituted for the said Part II by the Third Schedule to that Act in its application to the Senate and the House of Commons of Northern Ireland, after the entry relating to the Air Transport Advisory Council there shall be inserted the words "The Air Transport Licensing Board ". 5. If the Minister is satisfied that the chairman or deputy chairman of the Board is temporarily unable to discharge the functions of his office owing to illness or any other cause, he may appoint some other member of the Board to act for the time being in the place of the chairman or deputy chairman, as the case may be. 6. If the Minister is satisfied that a member of the Board(a) has without the permission of the Board been absent from meetings of the Board for a continuous period exceeding six months; or (b) has become bankrupt or made an arrangement with his creditors; or (c) has by reason of illness or any other cause become unable or unfit to act as a member of the Board, the Minister may, by giving notice in such manner as he thinks fit, declare that person's office as a member of the Board to have become vacant. 7. No person who for the time being has any interest, whether as a shareholder or otherwise, in the business of an operator of aircraft or of the holder of an aerodrome licence shall act as a member of the Board unless he has declared his interest to the Board and to the Minister; and if the Minister is satisfied that, by reason of that interest or of any failure so to declare such an interest, it is right and proper so to do, the Minister may by giving notice in such manner as he thinks fit declare that person's office as a member of the Board to have become vacant. 8. The Board may act notwithstanding a vacancy in the membership thereof, and no act of the Board shall be invalidated by reason of any irregularity in the appointment of any member thereof or by reason of any person irregularly acting as a member thereof. House of Commons Disqualification Act, 1957 5 & 6 Eliz. 2. c. 20. INDIA PRELIMINARY The air laws and regulations in force in India are collected in the Indian Aircraft Manual, a Compilation of the Legislation and Rules Governing Civil Aviation in India, revised edition, corrected up to 31st March, 1957 (Manager, Govt. of India Press, Delhi, India, 1957). They comprise the following: 1. The Indian Aircraft Act, 1934 (XXII of 1934); 2. The Indian Aircraft Rules, 1937; 3. The Indian Aircraft Rules, 1920 (Part IX); 4. The Indian Aircraft (Public Health) Rules, 1954; 5. The Indian Carriage by Air Act, 1934 (XX of 1934); 6. A list of statutory notifications affecting aviation in India. The Indian Aircraft Rules, 1920, govern the arrival of aircraft in, and departure from, India. The Indian Carriage by Air Act, 1934 (as does the British Carriage by Air Act, 1932) applies the provisions of the Warsaw Convention to India. Liability for damages caused by aircraft is not regulated in any of the above enactments, but in the Indian Fatal Accidents Act and in general laws on liability. 631 |