Section 12 of The Protection of Interests in Aircraft Objects Act 2025 Removal of difficulties

Section 12 of The Protection of Interests in Aircraft Objects Act 2025 Removal of difficulties

Original Section Text

12. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

Visual Summary

Problem-Solving Power

The government can issue orders to fix problems in applying the Act.

Consistency Check

Any orders issued cannot contradict the original provisions of the Act.

Three-Year Limit

This special power is only available for three years after the Act begins.

Parliamentary Review

All orders must be presented to both Houses of Parliament for oversight.

Executive Summary

Section 12 acts as a practical ‘fix-it’ tool for the government. It grants the Central Government the temporary power, for up to three years from the Act’s start date, to issue orders to resolve any unexpected problems or ambiguities that arise when implementing the law. Crucially, these orders cannot change the Act’s fundamental rules. To ensure accountability, every order must be published and presented to Parliament for review.

In-Depth Analysis of the Section

Introduction
When a new law is passed, it’s impossible to predict every single real-world scenario it will encounter. Section 12, often called a ‘removal of difficulties’ clause, is a standard legislative feature that provides a safety net. It gives the executive branch (the Central Government) a limited and supervised power to smooth out any wrinkles in the initial implementation of the Act without having to go through the lengthy process of amending the law itself.

Breakdown of the Section
This section is divided into two main parts:

  • Sub-section (1): The Power to Issue Orders. This part establishes the core power. If a genuine ‘difficulty’ arises in applying the Act, the Central Government can step in. It can issue an order, published in the Official Gazette (the government’s official journal), to clarify the situation or provide a solution. The most important restriction is that this order cannot be ‘inconsistent with the provisions of this Act.’ This means the government can clarify rules, but it cannot create new ones or contradict existing ones.
  • Proviso to Sub-section (1): The Time Limit. This power is not permanent. The ‘proviso’ (a condition) states that no such order can be made after three years from the Act’s commencement. This ensures that the clause is only used for teething problems during the initial rollout period.
  • Sub-section (2): Parliamentary Oversight. This is the accountability mechanism. Every order issued under this section must be ‘laid before each House of Parliament.’ This allows elected representatives to review the government’s actions, ensuring that the power is not misused and remains transparent.

Practical Example
Imagine that after the Act is implemented, a new digital registration process for aircraft objects is introduced by an international body. The Act’s text might not explicitly mention how to handle these new digital records. This could create a ‘difficulty’ in applying the law. Under Section 12, the Central Government could issue an order clarifying that these specific digital records are valid for the purposes of the Act. This order would solve the immediate problem, would be consistent with the Act’s goal of protecting interests, would only be possible within the first three years, and would be reviewed by Parliament.

Conclusion
Section 12 is a pragmatic and necessary provision. It provides the flexibility to address unforeseen implementation challenges quickly and efficiently, while its built-in limitations—the consistency requirement, the three-year time limit, and parliamentary review—ensure that this power is exercised responsibly and doesn’t undermine the legislative authority of Parliament.

Related Provisions

Understanding Section 12 is enhanced by looking at other sections that grant powers to the Central Government. The following provisions are particularly relevant:

Learning Aids

Mnemonics
  • FIX: Remember the purpose of the section as a way to Fix Implementation X-factors (unknowns).
  • TOP: Remember the key constraints: Three-year limit, Orders published, Parliamentary review.
Process Flowchart
Difficulty arises ingiving effect to the ActIs it within 3 years ofAct’s commencement?Power cannot be usedGovt. issues an orderto remove difficultyOrder is published inthe Official GazetteOrder is laid beforeeach House of ParliamentDifficulty AddressedNoYes

Frequently Asked Questions

Can the government use Section 12 to change the main rules of the Act?

No, absolutely not. The section explicitly states that any order made must be ‘not inconsistent with the provisions of this Act’. This means the government can only clarify or supplement the existing law to make it work better, not alter its fundamental principles or contradict what Parliament has enacted.

Is this ‘removal of difficulties’ power permanent?

No, it is a temporary power. The law provides a strict deadline: the government cannot issue any such orders after three years have passed from the date the Act officially commenced. It is designed only to handle initial implementation challenges.

What happens after the government issues an order under this section?

The order must be published in the Official Gazette to become public knowledge. Following that, it must be presented to both Houses of Parliament (the Lok Sabha and the Rajya Sabha). This ensures that the legislature can review the executive’s actions and maintain oversight.

Test Your Knowledge

Quiz: For how long can the Central Government use the power to remove difficulties under Section 12?

A) For one year from the Act’s commencement.

B) For three years from the Act’s commencement.

C) Indefinitely, as long as difficulties arise.

Show Answer

Correct Answer: B) The proviso to sub-section (1) clearly states that no order shall be made after the expiry of a period of three years from the date of commencement of the Act.

Quiz: What is a key limitation on any order issued under Section 12?

A) It must be approved by the President before publication.

B) It cannot be inconsistent with the provisions of the Act.

C) It can only deal with financial difficulties.

Show Answer

Correct Answer: B) Sub-section (1) specifies that any provisions made must be ‘not inconsistent with the provisions of this Act’, which is the primary check on this power.

More Quiz

Quiz: Who reviews the orders made by the Central Government under this section?

A) The Supreme Court of India.

B) The Directorate General of Civil Aviation.

C) Each House of Parliament.

Show Answer

Correct Answer: C) Sub-section (2) mandates that every order made under this section must be laid before each House of Parliament, ensuring legislative oversight.

Quiz: The purpose of Section 12 is to:

A) Allow the government to create new laws without Parliament.

B) Provide a flexible way to handle unforeseen problems during the Act’s initial implementation.

C) Define the penalties for violating the Act.

Show Answer

Correct Answer: B) The section is specifically designed as a tool for ‘removing the difficulty’ that may arise ‘in giving effect to the provisions of this Act’.