Section 4 of The Protection of Interests in Aircraft Objects Act 2025 Power of registry authority to issue directions
Original Section Text
Visual Summary
Registry Authority
The DGCA is given the power to act.
Power to Direct
Can issue orders and rules to enforce the law.
Implementation Goal
Ensures international treaties are followed in India.
Executive Summary
This section gives the ‘registry authority’—which is India’s Directorate General of Civil Aviation (DGCA)—the power to create necessary rules and give instructions. The purpose of these directions is to make sure that the international agreements (the Convention and Protocol) on aircraft financing and interests are properly put into practice in India.
In-Depth Analysis of the Section
Introduction
Section 4 is a crucial enabling provision. While other sections of the Act make international treaties part of Indian law, this section provides the mechanism for their day-to-day enforcement. It designates a specific body with the authority to translate the legal text into practical, actionable rules.
Breakdown of the Section
- “The registry authority may issue necessary directions…”: The term ‘registry authority’ is defined in Section 2(m) as the Directorate General of Civil Aviation (DGCA). This clause gives the DGCA the legal power to issue orders, circulars, and guidelines. These are not new laws but are administrative instructions to enforce the existing law.
- “…for implementation of the provisions of the Convention and Protocol…”: This clarifies the scope and purpose of the DGCA’s power. The directions must be aimed at putting the international treaties (the Cape Town Convention and its Aircraft Protocol) into effect. This ensures that India’s domestic aviation practices align with its international commitments.
- “…including the provisions given force of law under section 3…”: This explicitly links Section 4 back to Section 3, which is the part of the Act that formally adopts the Convention and Protocol into Indian law. It reinforces that the DGCA’s role is to enforce what Section 3 has established.
- “…in such manner as may be prescribed.”: This phrase indicates that the exact procedure for how the DGCA will issue these directions will be detailed in separate rules, which are typically made by the Central Government under the authority of this Act (as seen in Section 10).
Practical Example
Imagine a UK-based leasing company wants to repossess an aircraft from an Indian airline that has defaulted on its payments. The Cape Town Convention provides a framework for this. Under Section 4, the DGCA could issue a specific directive outlining the exact forms to be filed, the timeline to be followed, and the coordination required with airport authorities for the de-registration and export of the aircraft. This directive would provide a clear, step-by-step process, ensuring the rights of the UK company under the treaty are implemented smoothly and predictably in India.
Conclusion
In essence, Section 4 acts as the operational arm of the Act. It empowers the DGCA to bridge the gap between the high-level principles of the international treaties and the on-the-ground realities of the aviation industry, ensuring that the legal framework is not just theoretical but fully functional.
Related Provisions
Understanding Section 4 is enhanced by looking at related sections that provide context and definitions:
- Section 2: Definitions – This section is crucial as it defines key terms used in Section 4, most importantly identifying the “registry authority” as the Directorate General of Civil Aviation (DGCA).
- Section 3: Application of Convention and Protocol in India – Section 4 gives the power to implement the very treaties that Section 3 makes legally binding in India. The two sections work hand-in-hand.
- Section 10: Power of Central Government to make rules – This section explains how the “prescribed” manner mentioned in Section 4 is established, detailing the rule-making power of the Central Government.
Learning Aids
Mnemonics
- DIRECT: Remember that the DGCA is given the power to Direct Implementation of Rules for the Enforcement of Convention Terms.
- PILOT: The section gives the DGCA the Power to Implement the Law Of the Treaties.
Process Flowchart
Frequently Asked Questions
Who is the ‘registry authority’ mentioned in Section 4?
The ‘registry authority’ is the Directorate General of Civil Aviation (DGCA), which is the main regulatory body for civil aviation in India. This is defined in Section 2(m) of the Act.
What kind of ‘directions’ can the DGCA issue?
The DGCA can issue practical instructions, rules, procedures, or official circulars. These are not new laws, but are guidelines that explain how to comply with the Act and the international treaties it enforces. For example, they could specify the exact paperwork needed to register an international interest in an aircraft.
Is the DGCA creating new laws with this power?
No. Section 4 does not give the DGCA power to create new laws. It only gives it the authority to create administrative rules and procedures to implement the laws that have already been established by the Parliament through this Act.
Test Your Knowledge
Quiz: According to Section 4, which body is empowered to issue directions for implementing the Convention and Protocol?
A) The Central Government
B) The registry authority
C) The High Court
Show Answer
Correct Answer: B) The registry authority. The section explicitly states that the registry authority (the DGCA) may issue necessary directions.
Quiz: What is the primary purpose of the directions issued under this section?
A) To set new aviation safety standards
B) To manage airport operations
C) To implement the provisions of the Convention and Protocol
Show Answer
Correct Answer: C) To implement the provisions of the Convention and Protocol. The section clearly states the directions are for the implementation of these international agreements.
More Quiz
Quiz: The power to issue directions under Section 4 is linked to which other section that gives legal force to the treaties?
A) Section 1
B) Section 3
C) Section 5
Show Answer
Correct Answer: B) Section 3. Section 4 explicitly mentions implementing the provisions ‘given force of law under section 3’.
Quiz: The phrase ‘in such manner as may be prescribed’ suggests that:
A) The DGCA has unlimited freedom in how it issues directions.
B) The specific methods for issuing directions will be detailed in other rules made under the Act.
C) The directions must be approved by an international body.
Show Answer
Correct Answer: B) The specific methods for issuing directions will be detailed in other rules made under the Act. ‘Prescribed’ in legal language typically refers to procedures laid out in associated rules.