Civil Aviation Ordinance 1960
Civil Aviation Ordinance 1960
Civil Aviation Ordinance 1960
CIVIL AVIATION ORDINANCE, 1960
CONTENTS
.
1. Short title, extent and application
2. Definitions
3. Power to exempt, etc
4. Power to make rules to implement certain International Conventions
5. Power to make rules generally
6. Power to make orders in times of war or emergency
Powers of the Federal Government to prohibit or regulate construction of buildings,
6 A.
planting of trees, etc
6 B. Payment of Compensation
6 C. Arbitrator to have certain powers of Civil Court
6 D. Penalty for failure to comply with direction issued under section 6A
7. Power to make rules for investigation of accidents
8. Power to detain aircraft
9. Power to make rules for protecting public health
10. Emergency powers for protection public health
11. Penalty for flying so as to cause danger
12. Wreck and salvage
13. Use of patent
14. [Repealed.]
15. Provisions relating to rules
15 A. Delegation of powers
16. Penalty for abetment of offences and attempted offences
17. Power of court to order forfeiture
18. Bar to certain suits
19. Protection of acts done in good faith
20. [Repealed]
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THE CIVIL AVIATION ORDINANCE, 1960
1ORDINANCE No. XXXII OF 1960*
[27th July, 1960]
An Ordinance to make better provision for the control of manufacture, possession, use,
operation, sale, import and export of aircraft, the control and regulation of air transport
services, and the control and development of aerodromes in Pakistan.
WHEREAS it is expedient to make better provision for the control of manufacture, possession,
use, operation, sale, import and export of aircraft, the control and regulation of air transport services,
and the control and development of aerodromes in Pakistan;
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and
in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate
the following Ordinance:
1. Short title, extent and application.__ (1) This Ordinance may be called the Civil Aviation
Ordinance, 1960.
(2) It extends to the whole of Pakistan, and applies to all citizens of Pakistan and persons on any
aircraft registered in Pakistan, wherever such citizens or persons may be, and to all persons on any
aircraft while in Pakistan, 2[and to all persons carrying on any business relating to or connected with,
the purposes of this Ordinance.] but nothing in this Ordinance or the rules or in any order made
thereunder__
(a) shall apply to or in respect of any aircraft belonging to or exclusively employed in the
naval, military or air force of Pakistan,
1 This Ordinance has been temporarily amended during the continuance of the Defence of Pakistan Ordinance, 1965 (23 of 1965), see subsection (7) of section 7 of the said
Ordinance.
2 Ins. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974), s.2.
* Section 1,9,12 & 12A to 12F of the Civil Aviation Ordinance, 1960 (XXXI of 1960) has been amended/inserted to the extent of F.A.T.A. by S.R.O. 1312(I)/97, dt.251197.
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or persons employed in connection with any such aircraft, unless the 1[Federal
Government], by notification in the official Gazette, applies to any such aircraft or
person, with or without modification, any of the provisions of this Ordinance or the rules;
or
(b) shall apply to or in respect of any lighthouse to which the Light house Act, 1927 (XVII of
1927), applies, or prejudice or affect any right or power exercisable by any authority
under that Act.
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,__
(a) “aerodrome” means any areas of land or water designed, equipped, set apart or commonly
used or intended to be used, either wholly or in part, for affording facilities for the landing
and departure of aircraft, and includes all buildings, sheds, vessels, piers, and other
structures thereon or appertaining thereto;
(b) “aircraft” means any machine which can derive support in the atmosphere from reactions
of the air, and includes balloons, whether captive or free, airships, kites, gliders and flying
machines;
(c) “airport” means an aerodrome at which facilities have, in the opinion of the 1[Federal
Government] been sufficiently developed to be of importance to civil aviation;
(d) “air transport service” means a service of aircraft for the purpose of effecting public
transport of passengers, goods, mails and other things;
(e) “commercial flying” means flying for carriage by air of any passenger, mail or goods for
hire or reward and such other flying for the purposes of any trade or
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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business as may be specified by the 1[Federal Government] and “commercial flight” shall
be construed accordingly;
(f) “export” means taking out of Pakistan;
(g) “import” means bringing into Pakistan;
(h) “landing area” means the part of the movement area intended for the landing or take off
run of aircraft;
(i) “prescribed” means prescribed by rules;
(j) “purposes of civil aviation” include all purposes connected with air navigation except
purposes of defence by air;
(k) “rules” means the rules made under this Ordinance.
3. Power to exempt, etc. The 1[Federal Government] may, by notification in the official Gazette,
either exempt from all or any of the provisions of this Ordinance any aircraft or class of aircraft, and
any person or class of persons, or may direct that all or any of such provisions shall apply to any
aircraft or person subject to such modifications or conditions as may be specified in the notification.
4. Power to make rules to implement certain International Conventions. The 1[Federal
Government] may, by notification in the official Gazette, make such rules as appear to it to be
necessary for carrying out the provisions of__
(a) the Convention on International Civil Aviation signed in Chicago on the seventh day of
December, 1944, and any amendments of the Convention or annex thereto made in
accordance with the provisions of Article 94 of the Convention;
(b) the Convention on International Recognition of Rights in Aircraft signed in Geneva on the
nineteenth day of June, 1948, and any amendment thereto;
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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(c) the Convention on Damage caused by Foreign Aircraft to Third Parties on the Surface
signed in Rome on the seventh day of October, 1952, and any amendment thereto; and
(d) any other treaty, agreement or convention between Pakistan and any other country or any
decision taken at any international body relating to civil aviation.
5. Power to make rules generally.__ (1) The 1[Federal Government] may, by notification in the
official Gazette, make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for one or more of the following matters, that is to say,__
(a) the authorities by which any of the powers conferred by or under this Ordinance are to be
exercised;
(b) the regulation of air transport services and commercial flying, and the prohibition of the
use of aircraft in such services and in commercial flights except under the authority of,
and in accordance with, a licence authorizing the establishment of any such service or
flight;
(c) the information to be furnished by an applicant for, or the holder of, a licence authorizing
the establishment of an air transport service to such authorities as may be prescribed;
(d) the licensing, inspection and regulation of aerodromes or airports, the conditions under
which aerodromes or airports may be maintained, and the fees which may be charged for
the use of, and for services provided at, such aerodromes or airports, and the prohibition
or regulation of the use of unlicensed aerodromes or airports, and the regulation of
conduct of persons at aerodromes or airports or in the vicinity of aerodromes or airports;
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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(e) the inspection and control of the manufacture, repair and maintenance of aircraft and of
places where aircraft are manufactured, repaired or kept;
(f) the registration and marking of aircraft;
(g) the conditions under which aircraft may be flown, or may carry passengers, goods, mails
and other things, or may be used for industrial purposes, and the certificates, licences or
documents to be carried by aircraft;
(h) the inspection or supervision of aircraft for the purpose of enforcing the provisions of this
Ordinance and the rules, and the facilities to be provided for such inspection or
supervision;
(i) the conditions subject to which persons may be engaged or employed in, or in connection
with, air navigation;
(j) the licensing of persons employed in the operation, manufacture, repair or maintenance of
aircraft and at aerodromes or airports;
(k) the conditions under which, and the aerodromes or airports to or from which, aircraft
entering or leaving Pakistan may fly, and the conditions under which aircraft may fly over
Pakistan or from one place in Pakistan to another;
(l) the prohibition of flight by aircraft over any specified area, either absolutely or at specified
times, or subject to specified conditions and exceptions;
(m) the supply, supervision and control of airroute beacons, aerodrome or airport lights, and
lights at or in the neighbourhood of aerodromes or airports and on or in the
neighbourhood of airroutes;
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(n) the formulation and observance of uniform standards in respect of obstruction clearances
for areas adjoining the landing area at aerodromes and airports;
(o) the installation and maintenance of lights on private property in the neighbourhood of
aerodromes or airports and on or in the neighbourhood of airroutes, by the owners or
occupiers of such property, payment by the 1[Federal Government] for such installation
and maintenance, and the supervision and control of such installation and maintenance,
including the right of access to the property for such purpose, and the removal of lights,
radio and electrical equipment and smoke producing apparatus which may endanger the
safety of aircraft in the vicinity of aerodromes or airports;
(p) the regulation and making of signals and communications by or to aircraft, and by or to
persons carried therein;
(q) the measures to be taken for securing the requirements of obstruction clearances at
aerodromes and airports, for the safety, efficiency and regularity of air navigation and the
safety of aircraft, passengers, goods, mails and other things carried therein, and for
preventing aircraft from endangering other persons and property;
(r) the prohibition or regulation of carriage in aircraft of any specified article or substance;
(s) the issue and maintenance of logbooks;
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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(t) the manner in which and the conditions subject to which any licence or certificate may be
issued under this Ordinance or the rules, the examination and tests to be undergone in
connection therewith, and the form, custody, production, endorsement, cancellation,
suspension or surrender of any such licence or certificate, or of any logbook;
(u) the fees to be charged in connection with any inspection, examination, test, certificate or
licence, made, issued, or renewed under this Ordinance or the rules;
(v) the recognition for the purposes of this Ordinance, of licences and certificates issued
elsewhere than in Pakistan relating to aircraft or to the qualifications of persons employed
in the operation, manufacture, repair or maintenance of aircraft;
(w) the supply, for purposes of air navigation, of meteorological information by persons
engaged or employed in connection with air navigation;
(x) the regulation of the use of the civil air ensign and any other ensign established by the
1[Federal Government] in connection with air navigation;
(y) any matter subsidiary or incidental to matters referred to in this subsection.
26. Power to make orders in times of war or emergency.__ (1) In the event of war or other
emergency, or in the interests of public safety or tranquility, if the 1[Federal Government] is of
opinion that the issue of all or any of the following orders expedient it may, by notification in the
official Gazette,__
(a) cancel or suspend, either absolutely or subject to such conditions as it may think fit to
specify in the order, all or any of the licences or certificates issued under this Ordinance
or the rules;
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
2 For order made under this section, see Gaz. of P. 1965 Ext., pp.11171118.
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(b) prohibit, either absolutely or subject to such conditions as it may think fit to specify in the
order, or regulate in such manner as may be specified in the order, the flight of all or any
aircraft or class of aircraft over the whole or any part of Pakistan;
1(c) prohibit, either absolutely or conditionally, or regulate the construction, maintenance or
use of any aerodrome airport, or aircraft factory, flyingschool or club, or place where
aircraft are manufactured, repaired or kept, or any class or description thereof; and
(d) direct that any aircraft or class of aircraft or any aerodrome or airport, aircraft factory,
flyingschool or club, or place where aircraft are manufactured, repaired or kept, together
with any machinery, plant, material or things used for the operation, manufacture, repair
or maintenance of aircraft shall be delivered forthwith or within a specified time, for
being placed at the disposal of the 2[Federal Government] to such authority and in such
manner as it may specify in the order.
(2) Any person who suffers direct injury or loss by reason of any order made under clause (c) of
subsection (1) or by the delivery of any aircraft or class of aircraft in pursuance of clause (d) of that
subsection, shall be paid such compensation as may be determined by such authority as the 2[Federal
Government] may appoint in this behalf.
(3) Any person interested in any such aerodrome or airport, aircraft factory, flyingschool or club,
or place where aircraft are manufactured, repaired or kept as is delivered in pursuance of clause (d)
of subsection (1) shall be paid compensation the amount of which shall be determined in the manner
and in accordance with the principles hereinafter set out, that is to say,__
(a) where the amount of compensation can be fixed by agreement, it shall be paid in
accordance with such agreement;
1 For notification under this clause, see Gaz. of P.,1961, Ext., p.21.
2 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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(b) where no such agreement can be reached, the 1[Federal Government] shall appoint as
arbitrator a person qualified for appointment as Judge of High Court;
(c) the 1[Federal Government] may, in any particular case, nominate a person having expert
knowledge as to the nature of the property acquired, to assist the arbitrator, and where
such nomination is made, the person to be compensated may also nominate an assessor
for the said purpose;
(d) at the commencement of the proceedings before the arbitrator, the 1[Federal Government]
and the person to be compensated shall state what in their respective opinions is a fair
amount of compensation;
(e) the arbitrator in making his award shall have regard to__
(i) the provisions mutatis mutandis of subsection (1) of section 23 of the Land
Acquisition Act, 1894 (I of 1894); and
(ii) the permanent or temporary nature of the acquisition;
(f) an appeal shall lie to the High Court against the award of an arbitrator except in cases
where the amount thereof does not exceed the amount prescribed in this behalf;
(g) save as provided in this subsection or the rules, nothing in any law for the time being in
force shall apply to arbitrations under this subsection.
(4) The 1[Federal Government] may authorize such steps to be taken to secure compliance with
any order made under subsection (1) as appear to it to be necessary.
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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(5) Whoever knowingly disobeys, fails to comply with, or does any act in contravention of an
order made under subsection (1) shall be punishable with imprisonment for a term which may extend
to three years, or with fine which may extend to five thousand rupees, or with both, and the court by
which he is convicted may direct that the aircraft or thing, if any, in respect of which the offence has
been committed, or any part of such thing, shall be forfeited to the 1[Federal Government].
2[6A. Powers of the Federal Government to prohibit or regulate construction of buildings,
planting of trees, etc.__ If the Federal Government is of opinion that it is necessary or expedient for
the safety or aircraft operations, it may, by notification in the Official Gazette,__
(a) direct that no building or structure shall be constructed or erected, or no tree shall be
planted on any land within such radius not exceeding fifteen kilometers from the
aerodrome reference point, as may be specified in the notification, and where there is any
building, structure or tree on such land, also direct owner or the person having control of
such building, structure or tree to demolish such building or structure or, as the case may
be, to cut trees within such period as may be specified in the notification; and
(b) direct that no building or structure higher than such height as may specified in the
notification shall be constructed or erected, or no tree, which is likely to grow or
ordinarily grows higher than such height as may be specified in the notification, shall be
planted, on any land within such radius, not exceeding fifteen kilometers from the
aerodrome reference point, as may be specified in the notification and where the height or
any building or structure or tree on such land is higher than the specified height also direct
the owner or the person having control of such building, structure or tree to reduce the
height thereof so as not to exceed the specified height, within such period as may be
specified in the notification.
(2) In specifying the radius under clause (a) or clause (b) of subsection (1) and in specifying the
height of any building structure or tree under the said clause (b), the Federal Government shall have
regard to,__
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
2 Ins. by ord. 11 of 2001, s.2.
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(a) the nature of requirement of the safety of aircraft operations;
(b) the nature of the aircraft operated or likely to be operated in the aerodrome; and
(c) the international standards and recommended practice governing the operations or
aircraft.
(3) Where any notification has been issued under subsection (1) directing the owner or the
person having control or any building, structure or tree to demolish such building or structure or to cut
such tree or to reduce the height or any building, structure or tree, a copy of the notification
containing such direction shall be served with a notice, on the owner or the person having the control
of the building, structure or tree, as the case may be,__
(a) by delivering or tendering it to such owner or person; or
(b) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such
owner or persons or any adult male member of the family of such owner or person or by
affixing a copy thereof on the outer door or on some conspicuous part of the premises in
which such owner or person is known to have last resided or carried on business or
personally worked for gain; or failing service by these means; by registered post.
(4) every person shall be bound to comply with any direction contained in the notice and the
notification issued under subsection (1).
6B. Payment of Compensation.__ If in consequence of nay direction contained in any
notification, issued under subsection (1) of section 6A, any person sustains any loss or damage, such
person shall be paid compensation the amount of which shall be determined in the manner and in
accordance with the principles set out in clauses (a) and (g) of subsection (3) of section 6.
6C. Arbitrator to have certain powers of Civil Court.__The Arbitrator appointed under sub
section (3) of section 6, while holding arbitration proceedings under this Ordinance, shall have all the
powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908),
in respect of the following matters, namely:__
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(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office; and
(e) issuing commissions for examination of witnesses.
6D. Penalty for failure to comply with direction issued under section 6A.__If any person
willfully fails to comply with any direction contained in any notification issued under section 6A, he
shall be punishable with imprisonment for a term which may extend to six months or with fine which
may extend to one lakh rupees, or with both.
(2) Without prejudice to the provisions of subsection (1), if any person fails to demolish any
building or structure or cut any tree or fails to reduce the height or any building, structure or tree in
pursuance of any direction contained in any notification issued under subsection (1) of section 6A,
within the period specified in the notification, then it shall be competent for the Manager of the
aerodrome, or any officer authorized by the Federal Government in this behalf, with such assistance
as many be required, to demolish such building or structure or cut such tree or reduce height or such
building, structure or tree.
(3) If any officer authorized to take action under subsection (2) requires police assistance in the
exercise of his power thereunder, he may send requisition to the officerincharge of a police station
who shall, on such requisition, render such assistance.]
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7.Power to make rules for investigation of accidents.__ (1) The 1[Federal Government] may,
by notification in the official Gazette, make rules providing for the investigation of any accident
arising out of or in the course of the navigation__
(a) in or over Pakistan, of any aircraft; or
(b) anywhere, of aircraft registered in Pakistan.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may__
(a) require notice to be given of any accident in such manner and by such person as may be
prescribed;
(b) apply for the purposes of such investigation, either with or without modification, the
provisions of any law for the time being in force relating to the investigation of accidents;
(c) prohibit, pending investigation, access to, or interference with, an aircraft to which an
accident has occurred, and authorize any person, so far as may be necessary for the
purposes of investigation, to have access to, examine, remove, take measures for the
preservation of, or otherwise deal with, any such aircraft; and
(d) authorize or require the cancellation, suspension, endorsement or surrender of any licence
or certificate granted or recognised under this Ordinance or the rules, if it appears on
investigation that the licence ought to be so dealt with, and provide for the production of
any such licence for such purpose.
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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8. Power to detain aircraft.__ (1) Any authority authorized in this behalf by the 1[Federal
Government] may detain any aircraft, if in the opinion of such authority__
(a) having regard to the nature of an intended flight, the flight of such aircraft would involve
danger to persons in the aircraft or to any other person or property; or
(b) such detention is necessary to secure compliance with any of the provisions of this
Ordinance or the rules or to prevent a contravention of any rule made under clause (i), (j)
or (k) of subsection (2) of section 5.
(2) The 1[Federal Government] may, by notification in the official Gazette, make rules regulating
all matters incidental or subsidiary to the exercise of the powers conferred by subsection (1).
9. Power to make rules for protecting public health. The 1[Federal Government] may, by
notification in the official Gazette, make rules for the prevention of danger arising to public health by
the introduction or spread of any infectious or contagious disease from aircraft arriving or being at
any aerodrome or airport and for the prevention of the conveyance of infection or contagion by
means of any aircraft leaving an aerodrome or airport, and in particular and without prejudice to the
generality of this provision may make, with respect to aircraft and aerodromes or airports or any
specified aerodrome or airport, rules providing for any of the matters for which rules under sub
clauses (i) to (viii) of clause (p) of subsection (1) of section 6 of the Ports Act, 1908 (XV of 1908),
may be made with respect to vessels and ports.
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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10. Emergency powers for protection public health.__(1) If the 1[Federal Government] is
satisfied that Pakistan 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 public health through the introduction or spread of
the disease by the agency of aircraft, the 1[Federal Government] may take such measures as it deems
necessary to prevent such danger.
(2) In any such case the 1[Federal Government] without prejudice to the powers conferred by
section 9, may, by notification in the official Gazette, make such provisional rules with respect to
aircraft and persons travelling or goods, mails and other things carried therein, and aerodromes or
airports as it deems necessary in the circumstances.
(3) Notwithstanding anything contained in section 15, the power to make rules under subsection
(2) shall not be subject to the condition of previous publication, but such rules shall not remain in
force for more than three months from the date of notification:
Provided that the 1[Federal Government] may, by special order, continue them in force for a further
period or periods of not more than three months in all.
11. Penalty for flying so as to cause danger. Where an aircraft is flown in such manner as may
cause unnecessary danger to any person or property on land or water, the pilot or the person in charge
of the aircraft, and, unless he proves to the satisfaction of the court that the aircraft was so flown
without his actual fault or privity, the owner thereof, shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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Explanation.__ In this section “owner” in relation to an aircraft includes any person by whom
the aircraft is chartered at the time the offence is committed.
12. Wreck and salvage.__ (1) The provisions of Part VII of the Merchant Shipping Act, 1923
(XXI of 1923), relating to wreck and salvage shall apply to an aircraft in, on or over, the sea or in
tidal waters, or on or over the shores of the sea or tidal waters as they apply to ships, and the
1[Federal Government] may, by notification in the official Gazette, make such modifications of the
said provisions in their application to aircraft as appear to it to be necessary or expedient.
(2) Any services rendered in assisting or in saving life from, or in saving the cargo or apparel of
an aircraft in, on or over, the sea or in tidal waters, or on or over the shores of the sea or any tidal
water, shall be deemed to be salvage in cases in which they would have been salvaged had they been
rendered in relation to a ship, and where services are rendered by an aircraft to any property or
person, salvour shall be entitled to the same reward for those services as he would have been entitled
to had the aircraft been a ship.
(3) The provisions of subsection (2) shall have effect notwithstanding that the aircraft concerned is a
foreign aircraft and that the services in question are rendered elsewhere than within the limits of the
territorial waters of Pakistan.
13. Use of patent. The provisions of section 42 of the Patents and Designs Act, 1911 (II of 1911),
shall apply to the use of an invention on any aircraft not registered in Pakistan in like manner as they
apply to the use of an invention in a foreign vessel.
14. [Power to apply Customs Procedure.] Rep. by the Customs Act, 1969 (4 of 1969), s.220 and
2nd Sch.
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
Page 17 of 20
15. Provisions relating to rules.__ (1) Rules may provide that a breach of any of them shall be
punishable with imprisonment for a term not exceeding 1[six months or with fine not exceeding one
lakh rupees] or with both.
(2) Save as provided in subsection (3) of section 10, any power to make rules conferred by this
Ordinance is subject to the condition of previous publication, and a period of not less than three
weeks shall have elapsed between such publication and the making of the rules.
2[(3) Rules may provide that, notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (Act V of 1898), or in any other law for the time being in force, any officer specified
therein may try in a summary way in accordance with the provisions in sections 262 to 265 of the
Code an offence of any breach of, or failure to comply with, any rule for the safety of aircraft,
passengers, goods, mails or other things carried therein or for preventing aircraft from endangering
other persons or property, or to compound any such offence for a sum not exceeding 1[one lakh
rupees].
(4) An officer trying an offence in accordance with the rules made under subsection (3) shall for
the purpose of the trial, be deemed to be Magistrate of the first class 1[specially empowered under
section 30 of the] Code of Criminal Procedure, 1898 (Act V of 1898), and any sentence passed by
such officer shall be deemed to be a sentence passed by such Magistrate.]
3[15A. Delegation of powers. The 4[Federal Government] may, by notification in the official
Gazette, direct that any power conferred upon it by this Ordinance or any rules made thereunder
shall, in such circumstances and subject to such conditions, if any, as may be specified in the
notification, be exercised by an officer or authority so specified.]
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
2 Subssection (3) and (4) added by the Civil Aviation (Amdt.) Act, 1966 (1 of 1966),s.2.
3 Ins. by the Civil Aviation (Amdt.) Ordinance, 1971 (34 of 1971),s.2.
4 Subs. by Act 46 of 1974,s.4 for “Central Government”.
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16. Penalty for abetment of offences and attempted offences. Whoever abets the commission
of any offence under this Ordinance or the rules, or attempts to commit such offence and in such
attempt does any act towards the commission of the offence, shall be liable to the punishment
provided for the offence.
17. Power of court to order forfeiture. Where any person is convicted of an offence for breach
of any rule made under clause (l) or clause (r) of subsection (2) of section 5, the court by which he is
convicted may direct that the aircraft or article or substance, as the case may be in respect of which
the offence has been committed, shall be forfeited to the 1[Federal Government].
18. Bar to certain suits. No suit shall be brought in any civil court in respect of trespass or in
respect of nuisance by reason only of the flight of aircraft over any property at a height above the
ground which having regard to wind, whether and all the circumstances of the case is reasonable, or
by reason only of the ordinary incidents of such flight.
19. Protection of acts done in good faith. No suit, prosecution or other legal proceeding shall lie
against any person for anything in good faith done or intended to be done under this Ordinance or the
rules.
20. [Repeal.] Rep.by the |Repealing and Amending Ordinance, 1965 (10 of 1965),s.2 and 1st
Sch.
______
1 Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
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