Section 11 of The Protection of Interests in Aircraft Objects Act 2025 Power of Central Government in respect of declarations
Original Section Text
(2) The Central Government, to give effect to any declaration or subsequent declaration made, amended or withdrawn under the Convention or the Protocol, may, by notification in the Official Gazette, amend the Second Schedule to this Act.
Visual Summary
Make, Amend, Withdraw
The government can create, change, or cancel its official positions (declarations) on the treaty.
Official Notification
Any change must be announced through a notification in the Official Gazette.
Update the Schedule
The change becomes law by officially amending the Second Schedule of this Act.
Executive Summary
This section gives the Central Government the flexibility to manage India’s commitments under the international Cape Town Convention and its Protocol. It allows the government to make, change (amend), or cancel (withdraw) its official statements, known as ‘declarations’. To make these changes legally binding, the government must announce them in the Official Gazette and update the Second Schedule of this Act, which lists all of India’s declarations.
In-Depth Analysis of the Section
Introduction
Section 11 is an administrative but crucial provision. International treaties like the Cape Town Convention often allow countries to make ‘declarations,’ which are formal statements clarifying how they will interpret or apply certain treaty rules. This section provides the legal mechanism for the Indian government to manage these declarations dynamically, ensuring that India’s position can evolve with changing needs without requiring a full legislative overhaul.
Breakdown of the Section
Subsection (1): The Power to Declare, Amend, and Withdraw
This part grants the Central Government three key powers concerning declarations related to the Convention and Protocol:
- Make: The government can create new declarations as permitted by the treaty.
- Amend: It can modify existing declarations to refine India’s stance.
- Withdraw: It can completely retract a previously made declaration.
This authority is essential for adapting to new economic realities, judicial interpretations, or international best practices in aircraft financing.
Subsection (2): The Process for Making Changes Official
This part outlines the mandatory procedure for any action taken under subsection (1). For a new declaration, amendment, or withdrawal to be legally effective, the government must:
- Publish a notification in the Official Gazette: This is a standard procedure for informing the public and all relevant authorities of a change in law or policy. It ensures transparency.
- Amend the Second Schedule to this Act: The Second Schedule is the part of this Act that contains the complete list of declarations made by India. By amending this schedule, the Act itself is updated to reflect the current legal position. This keeps the law clear and consolidated in one place.
Practical Example
Imagine India made a declaration specifying a 60-day waiting period for creditors to repossess an aircraft during insolvency (as per Article XI of the Protocol). After a few years, the government observes that this period is causing uncertainty in the market and that a shorter period of 30 days would be more effective. Using the power under Section 11(1), the Central Government can decide to amend this declaration. To do so, it would follow the process in Section 11(2): it would publish a notification in the Official Gazette announcing the change and formally amend the text in the Second Schedule of this Act to replace ’60 days’ with ’30 days’.
Conclusion
Section 11 provides a simple yet powerful tool for the Central Government. It ensures that India’s implementation of the Cape Town Convention and Protocol remains flexible and responsive. By establishing a clear process for making, amending, and withdrawing declarations, it maintains legal certainty and transparency while allowing for necessary adjustments over time.
Related Provisions
Understanding Section 11 is enhanced by looking at other parts of the Act that it directly interacts with:
- Section 2: Definitions – This section is crucial as it defines key terms used in Section 11, such as ‘declaration’, ‘Convention’, and ‘Protocol’, providing the necessary context.
- Section 3: Application of Convention and Protocol in India – This provision states that the international treaties have the force of law in India *in accordance with the declarations*. This highlights the legal importance of the declarations that Section 11 empowers the government to manage.
- The Second Schedule – This schedule is directly mentioned in Section 11(2). It is the official list of all declarations made by India. Section 11 provides the mechanism for keeping this schedule accurate and up-to-date.
Learning Aids
Mnemonics
- MAC: Remember the government’s powers as **M**ake, **A**mend, **C**ancel (Withdraw) declarations.
- Declare & Update: The government can **Declare** its position, and must **Update** the Second Schedule to make it official.
Process Flowchart
Frequently Asked Questions
What is a ‘declaration’ in simple terms?
A declaration is like an official note that a country attaches to a treaty. It clarifies how that country will apply specific rules of the treaty. For example, India can declare the exact timeframes for certain legal actions related to aircraft repossession.
Why does the government need the power to change these declarations?
International business and law are not static. This power allows the government to adapt India’s legal framework to changing economic conditions or international standards without the lengthy process of passing a completely new Act through Parliament. It makes the system more flexible and responsive.
Where can I find the current declarations made by India?
All of India’s current, legally-binding declarations under the Convention and Protocol are listed in the Second Schedule of this very Act.
Test Your Knowledge
Quiz: Who has the authority to make, amend, or withdraw declarations under this Act?
A) The Directorate General of Civil Aviation
B) The Central Government
C) The High Court
Show Answer
Correct Answer: B) The Central Government. Section 11(1) explicitly grants this power to the Central Government.
Quiz: What is the final step to make a change to a declaration legally effective?
A) Announcing it at a press conference
B) Informing the United Nations
C) Amending the Second Schedule of the Act through an official notification
Show Answer
Correct Answer: C) Amending the Second Schedule of the Act through an official notification. Section 11(2) specifies this two-part process.
More Quiz
Quiz: Can the Central Government cancel a declaration it has previously made?
A) Yes, the Act allows it to ‘withdraw’ a declaration
B) No, declarations are permanent once made
C) Only with the approval of the Supreme Court
Show Answer
Correct Answer: A) Yes, the Act allows it to ‘withdraw’ a declaration. Section 11(1) clearly states the government may ‘make, amend or withdraw’ any declaration.
Quiz: The power to make declarations relates to which international agreements?
A) The Chicago Convention only
B) The Convention and the Protocol
C) The UNIDROIT Convention on International Financial Leasing
Show Answer
Correct Answer: B) The Convention and the Protocol. Section 11(1) explicitly mentions that declarations are made in accordance with the provisions of the ‘Convention or Protocol’.