PART XIII.—Air Transport Services.

134. Air Transport Services.-(1) Except as provided in the Air Corporations Act, 1953, (27 of 1953), it shall not be lawful for any person other than the Corporation or their associates to operate any Scheduled air transport service from to, in, or across India.

(2) The Central Government may permit any air transport undertaking of which the principal place of business is in any country outside India to operate an air transport service from, to, or across India in accordance with the terms of any agreement for the time being in force between the Government of India and the Government of that country, or, where there is no such agreement, of a temporary authorisation by the Government of India.

(3) No air transport service, other than a Scheduled air transport service or an air transport service, to which the provisions of sub-rule (1) or (2) apply, shall be operated except with the special permission of the Central Government and subject to such terms and conditions as it may think fit to impose in each case.

Rules 135, 135A, 135B, 135C, 135E, 135F, 136, 137, 138, 139, and 139A shall be omitted.

140. Minimum requirements to be complied with.-Any Scheduled air transport service operated by the Corporation shall comply with the safety requirements with respect to air routes, aircraft and aircrew prescribed in Schedule VIII to these rules.

140A. Director General's sanction to introduction of any new routes or alteration in any existing routes of Scheduled air transport services.-Before operating a Scheduled air transport service on a new route or making a substantial alteration in, or effecting the discontinuance of, any of the existing routes of such services, or introducing a new time-table for such service, the Corporation shall obtain the concurrence of the Director-General, in so far as such operation or, as the case may be, such discontinuance affects, or is likely to affect, the air route or aerodrome facilities, and give at least three days' previous notice to the Director-General before the date proposed for the operation of the new route, or for the substantial alteration of an existing route or for the introduction of a new time-table or, as the case may be, for the discontinuance of an existing route.

140B. Operations Manual.-(1) An Operations Manual in the form approved by the Director-General, shall be maintained by the Corporation.

(2) The Operations Manual shall, in addition to any other relevant information contain the following that is to say:(a) instructions outlining the responsibilities of operations personnel pertaining to the conduct of flight operations, (b) the flight crew for each stage of all routes to be flown including the designation of the succession of command

(c) in-flight procedure,

(d) emergency flight procedure,

(e) the minimum safe flight altitude for each route to be flown,

(f) the circumstances in which a radio listening watch is to be maintained,

(g) A list of the navigational equipments to be carried.

(3) A copy of the Operations Manual, or such part of the Manual as may be prescribed by the Director-General, shall be carried in all aircraft of the Corporation engaged in Scheduled air transport services.

140C. Route Guides.-All aircraft of the Corporation engaged in Scheduled air transport services shall carry a Route Guide, which shall be in addition to any other relevant information, contain the following that is to say :

(a) communication, facilities, navigation aids and a list of aerodromes, available on the route to be flown,

(b) instrument 'let down' procedure for aerodromes on the route or, those likely to be used as 'alternates'

(c) meteorological minima for each of the aerodromes on the route to be flown and that are likely to be used as regular or alternate aerodromes, and

(d) specific instructions for computation of the quantities of fuel and oil to be carried on each route, having regard to all circumstances of the operation, including the possibility of the failure of one or more engines of the aircraft.

Rules 141, 142, 143, 144, 145, 146, 147, 147A, 148, 148A, 148B, 149, 150, 151 and 152 shall be omitted.

cause to be

153. Carriage of mails.-The Corporation shall carried by its Scheduled air transport services such mails as may from time to time be required to be carried from one place to another by the Director-General, Posts and Telegraphs or any person authorised by him in this behalf.

Rules 154 and 155 shall be omitted.

Schedules VII and IX shall be omitted.

67717 0-61-46

PART XIV.-General.

156. Inspection.-Any person authorized by the Central Government by special or general order in writing in this behalf

may

(a) at all reasonable times. enter any place to which access is necessary for the purpose of exercising his powers or carrying out his duties under these rules;

(b) at all times during working hours enter that portion of any factory or place in which aircraft or parts of aircraft or aeroengines or parts of aero-engines are being manufactured, overhauled, repaired or assembled and inspect any such factory or place, aircraft, aero-engines or parts and any drawings relating to such aircraft, aero-engines or parts;

(c) at any time inspect any flying machines which is required by these rules to be certified as airworthy or in respect of which a certificate of airworthiness is in force;

(d) enter, inspect and search any aircraft for the purpose of securing compliance with any of these rules.

157. Forgery, etc., of documents.-No person shall fraudulently lend any licence or certificate issued under these rules or allow it to be used by any other person.

158. Foreign military aircraft.-No person shall fly or land, or assist in flying or landing, any foreign military aircraft over or in India except on or with the invitation or permission in writing of the Central Government and on such conditions as may be specified in the invitation or permission.

159. Obstruction of authorized persons.- No person shall voluntarily obstruct any person acting in the exercise of his powers or in the discharge of his duties under these rules.

160. General power to exempt.-The Central Government may by general or special order in writing exempt any aircraft or class of aircraft or any person or class of persons from the operation of these rules, either wholly or partially, subject to such conditions, if any, as may be specified in such order.

161. Penalties.-(1) Any person contravening any of these rules shall, where no punishment is provided for such contravention in the Indian Aircraft Act, 1934 (XXII of 1934), be punishable to the extent laid down in Schedule VI to these rules.

It shall be a defence to any proceedings for contravention of or failure to comply with these rules if the contravention or failure is proved to have been due to accident, stress of weather or other unavoidable cause; and it shall be a defence to any proceedings under these rules against the owner, hirer, operator, pilot or commander of an aircraft that the alleged contravention took place without his actual fault or privity.

IRAN

CIVIL AVIATION ACT

Approved on 19 July 19491

ARTICLE 1

The word aircraft, used in this Act, represents a means of transport which can derive its support in the atmosphere from the reaction of the air.

ARTICLE 2

This Act relates to civil aircraft and does not cover military aircraft.

ARTICLE 3

The Government has absolute and exclusive sovereignty over the air space above its territory and territorial waters.

ARTICLE 4

For the creation and promotion of civil aviation the Government shall:

(a) encourage and develop civil aviation organisations in order to provide for the needs of internal and external air transportation of passengers, cargo and or mail;

(b) organise internal air-routes so that all parts of the country may benefit from the advantages of air transportation, establish such airports as are needed, and provide the ground equipment required to insure the safety of flight;

(c) help Iranian aviation organisations to establish a nonmonopolistic basis the air services required;

(d) foster air communication with foreign countries on a reciprocal basis for the purpose of developing and strengthening the social and economic relations of Iran with those countries.

ARTICLE 5

For the enforcement of this Act an independent Administration, to be known as the Department General of Civil Aviatiton, shall be established in the Ministry of Roads. The Department General of Civil Aviation shall be managed by a Director General who shall have the rank of Under-Secretary of State to the Minister of Roads, and shall be appointed for a period of three years by an Imperial Firman on a submission by the Council of Ministers. On the expiry of this period his appointment may be renewed in the same manner. The Depart

1 English text supplied by Iranian Government.

ment General of Civil Aviation shall act independently under the supervision of the Minister of Roads, but according to relevant administrative, financial and personnel regulations; and its organization shall be determined by Decree of the Council of Ministers. The principal duties of the Department General of Civil Aviation shall be as follows:

(a) creation of airports, establishment and operation of meteorological services, and special radio, telegraphic and telephonic communications for the regulation of aircraft movements and safety of flight, and, in general, any kind of assistance necessary for the development of civil aviation and safety of flight;

(b) supervision of civil aviation activities according to aviation regulations which are to be formulated for the purpose of preventing danger, avoiding harmful competition between air operators, and safeguarding public interest;

(c) training of civil aviation personnel by appropriate means; (d) encouragement of industries connected with civil aviation; (e) conduct of scientific and technical studies and research into matters relating to civil aviation;

(f) drafting of aviation agreements and conventions with foreign states, which are to be submitted by the Government to Parliament for ratification; and also attendance at international aviation conferences and participation in international aviation organisations, with the approval of the Council of Ministers.

ARTICLE 6

A board called the Civil Aviation Board shall be established in the Ministry of Roads. It shall be composed of seven members, selected for a period of three years, as follows:

two high ranking civil aviation officials, appointed by the Minister of Roads; one high ranking Judge, appointed by the Minister of Justice; one senior officer of the Imperial Iranian Air Force, appointed by the Minister of War; one high ranking official of the Ministry of Commerce and Industries appointed by the Minister of Commerce and Industries; one high ranking official of the Ministery of the Interior, appointed by the Minister of the Interior; and one representative of the Chamber of Commerce, appointed by the Chamber of Commerce. The duties of the Civil Aviation Board shall be as follows:

(a) to study and advise on civil aviation problems referred to it by the Minister of Roads or by one of the members of the Board;

(b) in accordance with Articles 17 and 18 of the present Act, to advise on the issue, revocation, or temporary suspension of operating certificates, and the limitation of the rights mentioned in any operating certificate;

(c) to approve equitable tariffs for transportation by air of passengers and cargo.

Note: The Statute of the Civil Aviation Board, including procedure for the holding of sessions, reference of matters to the Board, investigation of such matters, issue of decisions and other questions relating to the functioning of the Board, shall be prepared by the Board and put into force as soon as it has been approved by the Council of Ministers.