Section 9 of The Protection of Interests in Aircraft Objects Act 2025 Provisions of Act to have overriding effect

Section 9 of The Protection of Interests in Aircraft Objects Act 2025 Provisions of Act to have overriding effect

Visual Summary

Executive Summary

Section 9 establishes the legal power of this Act. It clarifies three key points: 1) If this Act’s rules conflict with any other law in India, this Act wins. 2) However, it doesn’t erase other laws; it works alongside them as an additional layer of rules. 3) Crucially, it does not interfere with the government’s or public service providers’ right to detain an aircraft to collect payment for services they have provided, such as airport fees or taxes.

In-Depth Analysis of the Section

This section acts as a rulebook for how this law interacts with the entire legal system of India. It sets the pecking order and ensures that while the Act is powerful, it respects certain pre-existing government rights.

(1) The Overriding Effect: The first clause is the most powerful. It states that if there’s any inconsistency or conflict between a rule in this Act and a rule in any other law, this Act’s provision will prevail. This is a common feature in special laws to ensure their objectives are not defeated by general laws. For example, if a general company law has a long, complicated process for seizing assets, but this Act provides a quicker method for repossessing an aircraft, the method in this Act must be followed.

(2) A Complementary Law: The second clause provides balance. It clarifies that this Act is meant to be ‘in addition to’ other laws, not to replace them entirely (‘in derogation of’). This means that unless there is a direct conflict (as mentioned in clause 1), all other relevant laws continue to apply. This Act fills specific gaps and provides special rules for aircraft financing, but the whole framework of Indian law still supports it.

(3) The Government and Public Service Exception: The third clause is a critical exception. It protects the financial interests of the Indian government, government-owned entities, and providers of public services (like airports). It makes clear that this Act cannot be used to stop these bodies from detaining an aircraft to recover money owed for services directly provided to that aircraft. This includes things like unpaid landing fees, navigation charges, or taxes. This ensures that the country’s public revenue and the viability of its public services are not harmed by the protections given to private creditors under this Act.

Practical Example:
Imagine an airline, ‘FlyHigh Airways’, defaults on its lease payments for an Airbus A320. The leasing company, based in Ireland, wants to repossess the aircraft using the remedies in this Act. At the same time, FlyHigh owes significant unpaid landing fees to the Airports Authority of India (AAI).

• Due to Section 9(1), the Irish leasing company can use the specific, faster repossession procedures of this Act, which will override any slower, conflicting procedures in general Indian commercial law.
• However, because of Section 9(3), the AAI can legally detain the aircraft until FlyHigh pays the outstanding landing fees. The Irish leasing company cannot use this Act to force the AAI to release the plane. The government’s right to collect its dues is preserved.

Conclusion: Section 9 is the backbone of the Act’s authority. It makes the Act supreme in its specific domain, ensures it co-exists peacefully with other laws where there is no conflict, and carves out a vital exception to protect public and governmental financial interests.

Related Provisions

Understanding Section 9 is enhanced by looking at other sections that it directly impacts. Here are a few key connections:

• Section 3: Application of Convention and Protocol in India – Section 9(1) ensures that the international rules from the Convention and Protocol, which are given legal force by Section 3, will prevail over conflicting domestic laws.
• Section 6: Remedies on insolvency – The specific remedies for insolvency provided in Section 6 are given teeth by Section 9, which makes them override general insolvency laws like the Insolvency and Bankruptcy Code where inconsistencies exist.
• Section 8: Jurisdiction – While Section 8 grants jurisdiction to the High Court, Section 9 reinforces that the substantive provisions of this Act are what the court must prioritize, even if they conflict with other laws the court might typically apply.

Learning Aids

Mnemonics

• CLASH: Remember the core principle: When laws Conflict, Local And Special Hierarchy puts this Act on top.
• PAP Rule: Think of the three subsections as the PAP rule: This Act Prevails in a conflict, Adds to other laws, and Preserves government rights to get paid.

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