Air Navigation (Special Provisions) act

Arrangement of Sections

1. Short title.

PART I

AMENDMENTS TO THE AIR NAVIGATION ACT

2. Amendment of section 20 of Chapter 365.

3. Amendment of section 21A of the principal enactment.

4. Amendment of section 35 of the principal enactment.

5. Transitional provision.

PART II

WARSAW-HAGUE CARRIAGE BY AIR CONVENTION

6. Provisions of Warsaw Convention as amended at the Hague to apply to Sri Lanka.

7. Provisions of the Additional Protocol to apply with necessary modification.

8. Modification of Convention.

PART III

AIR TRANSPORTATION

9. Director General of Civil Aviation to issue licence.

10. Power of the Director- General of Civil Aviation to revoke a licence.

11. Power to enter and inspect premises.

12. Offences and penalties.

13. Regulations.

PART IV

SECURITY OF AIRPORTS AND AIRCRAFTS

14. Security of aircrafts airports.

15. Director-General of Civil Aviation to issue notice on operators of aircraft and the Agent.

16. Director-General of Civil Aviation to issue directions.

17. The Agent to maintain airport security service.

18. Duties of the member of the Security Service.

19. Powers of the member of the Security Services.

20. Powers of any member of the Security Service to search.

21. Steps to be taken case of fire.

22. Protection for action taken in good faith under this Part of this Act.

23. The cadre of the security service to be approved by the Secretary.

24. Interpretation.

25. Sinhala text to prevail in case of inconsistency.

55 of 1992.

AN ACT to amend the Air Navigation Act; to give effect to the convention known as the "Warsaw” convention as amended at the Hague; to regulate the provision of accommodation in aircrafts; to make provision for the safety and security of airports, aircraft passengers and users; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 6th November, 1992]

1. Short title.

This Act may be cited as the Air Navigation (Special Provisions) Act.

PART I

AMENDMENTS TO THE AIR NAVIGATION ACT

2. Amendment of section 20 of Chapter 365.

Section 20 of the Air Navigation Act (hereinafter this Part of this Act referred to as the "principal enactment”) is hereby repealed and the following section is substituted therefor—

20. "Appointment of Director-General of Civil Aviation”.

(1) There may be appointed, for the purposes of this Act—

(a) a person, by name or by office to be or to act as, Director-General of Civil Aviation;

(b) one or more persons, by name or by office, to be or to act as, Directors of Civil Aviation and

(c) such other officers, servants and agents as may be necessary for carrying out or giving effect to the provisions of this Act.

(2) The Director-General of Civil Aviation shall exercise, perform and discharge such powers, duties and functions as may be conferred, or imposed upon, or assigned to, him, by this Act or as may be delegated to him by the Minister.

(3) Every Director of Civil Aviation may, subject to the general direction and control of the Director-General of Civil Aviation, exercise, perform and discharge any or all of the powers, duties and functions conferred or imposed on, or assigned to, the Director-General of Civil Aviation by, or under this Act.

3. Amendment of section 21A of the principal enactment.

Section 21A of the principal enactment is hereby amended by the repeal of subsections (8) and (9) of that section and the substitution therefor of the following subsections—

(8) all movable and immovable property vested in "the Director of Civil Aviation and made available to the Agent by the Minister under this Act, shall with effect from January 20, 19S2, be deemed to be property held by the Agent for and on behalf of the State and it shall be lawful for the Agent to deal with such property, subject to subsection (9), in any manner whatsoever.

(9) The Agent shall maintain in good order all movable and immovable property which it holds for and on behalf of the State and shall not give such immovable property on lease for any period in excess of a period of ten years without the prior consent in writing of the Secretary to the Ministry of the Minister”.

4. Amendment of section 35 of the principal enactment.

Section 35 of the principal enactment is hereby amended by the substitution respectively, for the words "two thousand rupees”, of the words ”twenty-five thousand rupees” and; for the words "one year”, of the words ”two years”.

5. Transitional provision.

(a) Where in any provision of the principal enactment or in any regulation made thereunder, the words "Director of Civil Aviation” occurs, there shall be substituted the words ”Director-General of Civil Aviation”.

(b) Wherever in any provision of any written law, (other than the principal enactment) or in any notice, certificate, communication, form or other document issued or made, by or under such written law, the words "Director of Civil Aviation” is used to denote the Director of Civil Aviation appointed under the principal enactment prior to the commencement of this Act, there shall be substituted therefor, the words ”Director-General of Civil Aviation”.

(c) Every contract, agreement, document or instrument whatsoever made, issued or executed prior to the date of commencement of this Act, by or in favour of the Director of Civil Aviation appointed under the principal enactment in his capacity as such, shall be deemed, from and after that date, to be and to have been made, issued or executed by, or in favour of, as the case may be, the Director-General of Civil Aviation.

PART II

WARSAW-HAGUE CARRIAGE BY AIR CONVENTION

6. Provisions of Warsaw Convention as amended at the Hague to apply to Sri Lanka.

(1) The Articles contained in the Schedule to this Act, being the provisions of the Convention known as convention "The Warsaw Convention as amended at the Hague” (in this Part of this Act referred to as ”the Convention”) shall in so far as they relate to the rights and liabilities of apply to carriers, passengers, consignors, consignors and other persons and subject to the provisions of this Part of this Act have the force of law in Sri Lanka in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.

(2) The Minister may, by Order from time to time published in the Gazette, certify who are the High Contracting Parties to the Convention, in respect of what territories they are respectively parties and to what extent they have availed themselves of the provisions of the Additional Protocol to the Convention, and any such Order, shall, except in so far as it has been superseded by a sub sequent Order, be conclusive evidence of the matters so certified.

(3) Any liability imposed by Article 17 of the Convention on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger under any law, whether statutory or otherwise, for the time being In force in Sri Lanka, and the provisions of the Second Schedule to the Air Navigation Act shall have effect with respect to, the persons by, and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced.

(4) The Minister may, with the approval of the Minister in charge the subject of Finance, from time to time, by Order published in the Gazette specify the respective amounts which for the purposes of Article 22 of the Convention are to be taken as equivalent to the sums expressed in francs in that Article.

7. Provisions of the Additional Protocol to apply with necessary modification.

Every High Contracting Party to the Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for the purpose of any suit brought in a court in Sri Lanka in accordance with the provisions of Article 28 of the Convention to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that court, and accordingly any such suit may be maintained in that court. Rules made or deemed to have been made for that purpose under Article 136 of the Constitution may provide for the manner in which any such suit is to be commenced or carried on.

8. Modification of Convention.

(1) The provisions of the Schedule to this Act shall apply to such carriage by air, not being international carriage by air as defined therein, subject to the following modifications—

(a) by the omission of the word Article 1 (1) thereof; "International” 1(2), 1(3), 2(2), 28, and 34 thereof.

(b) by the deletion of Articles and 34 thereof;

(c) by the omission of Chapter II thereof and the Additional Protocol thereto;

(d) by the omission in Article 26(1) thereof, of the words commencing from "and” to the end of that;

(e) by the omission in Article 32 thereof of the words commencing from "if” to the end of that paragraph.

(2) Nothing in Part III of the Air Navigation Act shall; apply in respect of any carriage by air to which the Convention applies.

PART III

AIR TRANSPORTATION

9. Director General of Civil Aviation to issue licence.

(1) The Minister may, by Order published in the Gazette declare that, with effect from such date as may be specified in the Order (hereinafter in this Part of this Action to issue referred to as the "appointed date”) no person shall carry on the business of air transportation in Sri Lanka except under the authority of, or otherwise than in accordance with, the terms or conditions, of a licence issued in that behalf by the Director-General of Civil Aviation appointed under the Air Navigation Act (hereinafter in this Part of this Act referred to as ”the Director-General of Civil Aviation”) on application made therefor and on payment of the prescribed fee.

In this Part of this Act "business of air transportation” means making available, as the operator of an aircraft or as principal or agent, accommodation for the carriage of persons or cargo or mail, on nights by aircraft (whether registered in Sri Lanka or not) in any part of the world, including nights to and from Sri Lanka.

(2) No licence shall be issued under subsection (1) to any person, unless such person—

(a) satisfies the Director -General of Civil Aviation that—

(i) he is capable of carrying on the business of air transportation and has a licence or registration, for the time being in force, issued under the Ceylon Tourist Board Act, No. 10 of 1966, to carry on business as a travel agent; and

(ii) his resources and the financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the business activities relating to air transportation, if any, in which he is presently engaged and in which he may be expected to engage in, if he is issued the licence.

(3) An operator of an aircraft applying for a licence under subsection (1) shall not be required to furnish a bank guarantee under paragraph (b) of subsection (2).

(4) No licence issued under this Act shall be transferable and any transfer made in contravention of this prohibition shall be null and void.

(5) Every person carrying on business of air transportation under a licence issued under subsection (1) shall maintain such records as may be prescribed, and shall furnish to the Director-General of Civil Aviation such returns, information or explanation as he may from time to time be required to furnish by the Director-General of Civil Aviation for the purposes of this Part of this Act.

10. Power of the Director- General of Civil Aviation to revoke a licence.

(1) The Director-General of Civil Aviation, may, by order, revoke a licence issued by him under subsection (1) of section 9 if he is satisfied that the holder of the licence—

(a) has ceased to carry on the business in respect of which the licence has been, issued; or

(b) has improperly obtained the licence contrary to the provisions of this Act; or

(c) is a company, any of the principal officers of which have been convicted of an offence connected with the business of the company and involving moral turpitude; or

(d) has ceased to possess any qualification required by subsection (2) of section 9 for the issue of such licence;

(e) has contravened any of the provisions of this Part of this Act.

(2) No order under subsection (1) shall be made against a person except after notice to him, to show cause within such period as may be specified in the notice, why such order should not be made.

(3) Any person against whom an order is made under subsection (1) may prefer an appeal in writing to the Secretary before the expiry of ten days after the date on which such order is communicated to that person by the Director-General of Civil Aviation, and such Secretary may, in dealing with any appeal preferred to him under this subsection, affirm, vary or annul the order against which the appeal has been preferred.

(4) An order under subsection (1) revoking a licence issued to a person shall come into force on the date on which such order is communicated to that person by the Director-General of Civil Aviation and shall continue to be in force notwithstanding that an appeal against such order has been preferred to the Secretary.

(5) The decision of the Secretary upon an appeal preferred to him under subsection (3) shall be final and conclusive and shall not be called in question in any court or tribunal.

11. Power to enter and inspect premises.

(1) The Director-General of Civil Aviation or any officer authorised by him in writing under his hand, may—

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015