Section 10 of The Protection of Interests in Aircraft Objects Act 2025 Power of Central Government to make rules
Original Section Text
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) manner to issue directions under section 4;
(b) form and manner under sub-sections (1) and (2) of section 5.
(3) The power to make rules under this section is subject to the condition of the rules being made after previous publication:
Provided that the Central Government may, in the public interest, by order in writing, dispense with the condition of previous publication in any case.
(4) Every rule made under this Act shall be laid, as soon as may be, after it is made before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Visual Summary
The Central Government is given the power to create necessary rules to enforce this Act.
Rules can specify procedures, such as how directions are issued or what forms must be used.
Generally, rules must be published for public feedback before being finalized, unless urgently needed.
All new rules must be presented to both Houses of Parliament for a 30-day review period.
Executive Summary
This section gives the Central Government the authority to create specific, detailed rules to ensure the Act can be properly implemented. It outlines that these rules can cover procedures like issuing directions and the format for submitting records. Importantly, it includes checks and balances: rules should generally be published for public feedback first, and all rules must be presented to Parliament, which has the power to approve, modify, or reject them.
In-Depth Analysis of the Section
Introduction
Section 10 is a procedural but crucial part of the Act. It acts as an enabling provision, granting the Central Government the power to create the necessary administrative framework (the ‘rules’) to bring the broader principles of the Act to life. Without this section, the Act’s objectives would be difficult to achieve in practice.
Breakdown of the Section
Let’s break down each part in simple terms:
- Subsection (1): General Rule-Making Power. This gives the Central Government a broad mandate to make any rules it deems ‘necessary and expedient’ to carry out the provisions of the Act, the Convention, and the Protocol. This is the main source of its authority to create detailed regulations.
- Subsection (2): Specific Areas for Rules. To provide clarity, this subsection lists specific examples of what the rules can cover. These include the exact ‘manner’ for the registry authority to issue directions (as per Section 4) and the specific ‘form and manner’ for debtors and creditors to submit records and declare defaults (as per Section 5). This ensures uniformity and clarity in these key processes.
- Subsection (3): Requirement for Public Feedback. This is a key transparency measure. ‘Previous publication’ means that before a rule is finalized, a draft must be made public, allowing stakeholders (like airlines, financing companies, and the general public) to provide comments and suggestions. However, it also includes an exception: if a matter is urgent and in the ‘public interest’, the government can skip this step by issuing a written order.
- Subsection (4): Parliamentary Scrutiny. This is the ultimate check on the government’s rule-making power. Every rule must be ‘laid’ (formally presented) before both Houses of Parliament (Lok Sabha and Rajya Sabha) for 30 days. During this period, Parliament can review the rule. If both Houses agree, they can either modify the rule or annul it (cancel it completely). Any actions already taken under the rule before it was modified or annulled remain valid.
Practical Example
Imagine an airline in India leases a new aircraft. According to Section 5, the airline (the debtor) must submit records of its dues. But how? In what format? How often?
Using its power under Section 10, the Central Government drafts a rule stating that all airlines must upload a PDF of their dues records, in a specific template called ‘Form PI-AO-5A’, to the Directorate General of Civil Aviation’s online portal by the 5th of every month. This draft rule is published online for 30 days for feedback. After considering the feedback, the final rule is notified and then laid before Parliament for its 30-day review period. Once this process is complete, the rule becomes legally binding, and all airlines must comply with it.
Conclusion
Section 10 establishes a clear and democratic process for creating the detailed regulations needed to operate this Act. It empowers the executive to manage the day-to-day implementation while ensuring transparency through public consultation and accountability through parliamentary oversight. This balance is essential for creating a fair and effective legal framework.
Related Provisions
This section is directly connected to other parts of the Act that require detailed procedures. Understanding these related sections provides context for why rule-making is necessary:
- Section 4: Power of registry authority to issue directions – Section 10(2)(a) explicitly states that rules will be made to define how the registry authority issues directions under Section 4.
- Section 5: Obligation of debtor and creditor to an agreement – Section 10(2)(b) directly references Section 5, clarifying that rules will specify the forms and methods for debtors and creditors to fulfill their obligations.
- Section 3: Application of Convention and Protocol in India – The overall purpose of the rules made under Section 10 is to implement the Convention and Protocol, which are given the force of law by Section 3.
Learning Aids
Mnemonics
- To remember the rule-making process, use the acronym ‘DPL’:
D – Draft & Disclose (Previous Publication)
P – Publish (Notify in Official Gazette)
L – Lay (Before Parliament for review)
Process Flowchart
Frequently Asked Questions
Who actually makes the rules for this Act?
The Central Government is given the power to make all the necessary rules. This is typically done by the relevant ministry, in this case, likely the Ministry of Civil Aviation.
Can the government make any rule it wants, secretly?
No. The process is designed to be transparent. Normally, a draft of the rule must be published for public feedback before it becomes final. The only exception is for urgent matters of public interest, and even then, the final rule must be presented to Parliament.
What power does Parliament have over these rules?
Parliament has the final say. After a rule is made, it is presented to both the Lok Sabha and the Rajya Sabha for 30 days. During this time, if both Houses agree, they can vote to change the rule or cancel it entirely.
Test Your Knowledge
Quiz: According to Section 10, who has the authority to make rules for implementing the Act?
A) The Supreme Court
B) The Central Government
C) The Directorate General of Civil Aviation
Show Answer
Correct Answer: B) The Central Government. Section 10(1) explicitly grants this power to the Central Government.
Quiz: What is the mandatory step that must be taken with every rule after it is made?
A) It must be approved by the President of India.
B) It must be published in major newspapers.
C) It must be laid before each House of Parliament.
Show Answer
Correct Answer: C) It must be laid before each House of Parliament. Section 10(4) requires every rule to be laid before Parliament for a total period of thirty days for review.
More Quiz
Quiz: Under what condition can the government skip the ‘previous publication’ (public feedback) step?
A) If the rule is minor.
B) If it is in the public interest and an order is made in writing.
C) If Parliament is not in session.
Show Answer
Correct Answer: B) If it is in the public interest and an order is made in writing. The proviso to Section 10(3) allows for this exception in specific cases.
Quiz: If Parliament modifies a rule, what happens to actions already taken under the original rule?
A) They are all cancelled and must be redone.
B) They remain valid.
C) Their validity is decided by a court.
Show Answer
Correct Answer: B) They remain valid. Section 10(4) states that any modification or annulment is ‘without prejudice to the validity of anything previously done under that rule’.