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Indian Aircraft Act, 1934


8.Power to detain aircraft :-

(1) Any authority authorised in this behalf by the Central Government may detain any aircraft, if in the opinion of such authority---

(a) having regard to be nature of a intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons or property; or

(b) such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule made under clause (h) or clause (I) of sub-section (2) of section 5.

(2) The Central Government may, by notification in the Official Gazette, make rules {See for instance, rule 18 of the Indian Aircraft Rules, 1937 (Gazette of India, 1937, Pt.1.p.640}.regulating all matters incidental or subsidiary to the exercise of this power.

{Ins.by Act 7 of 1936, s.2.}[8A.Power of Central Government to make rules for protecting the public health :- The Central Government may, by notification in the Official Gazette, make rules {For the Indian Aircraft (Public Health) Rules, 1946, see Gazette of India, Extraordinary, 1946, p.775} for the prevention of danger arising to the public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, unless providing for any of the matters for which rules under sub-clauses (I) to (viii) of clause (p) of sub-section (1) of section 6 of the Indian Ports Act, 1908, may be made with respect to vessels and ports.]

{Ins.by Act 22 of 1938.}[8B.Emergency powers for protecting the public health :- (1) If the Central Government is satisfied that India or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger.

(2) In any such case the Central Government may, without prejudice to the powers conferred by section 8A, by notification in the Official Gazette, make such temporary rules with respect to aircraft and persons travelling or things carried therein and aerodromes as it deems necessary in the circumstances.

(3) Notwithstanding anything contained in section 14, the power to make rules under sub-section (2) shall not be subject to the condition of the rules being made after previous publication, but such rules shall not remain in force in more than three months from the date of notification

Provided that the Central Government may be special order continues them in force for a further period or periods of not more than three months in all.]



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