AIR NAVIGATION

(1) Regulations may be made under this Act empowering the Minister by Order to grant exemption from any or the provisions of this Act to such classes or description of aircraft or persons as may be prescribed in the regulations or to any aircraft or person belonging to any such prescribed class or description of aircraft or persons, to such extent or subject to such terms, conditions or restrictions as may be so prescribed.

(2) The Minister may, on the occurrence of any public emergency, by Order exempt any aircraft or person or class or description of aircraft or persons from any of the provisions of this Act to such extent or subject to such terms, conditions or restrictions as may appear to him to be necessary in the public interest, notwithstanding that he is not empowered to do so by regulations referred to in subsection (1).

(3) Every Order made by the Minister in pursuance of the regulations referred to in subsection (1) or the powers conferred by subsection (2) shall be as valid and effectual as though it were herein enacted.

(1) Regulations may be made under this Act providing for all such matters as the authority empowered to make such regulations may deem requisite or

(2) Without prejudice to the generality of the powers conferred by subsection (1), regulations may be made under this Act for or with respect to all or any of the following matters;

(3) Regulations referred to in paragraph (m) of subsection (2) may, for the purpose of securing compliance with any provision thereof, provide for the taking of such steps (including firing on aircraft) as may be specified in the regulations.

(1) Save as otherwise provided in section 6, where it is alleged by any person interested that a foreign aircraft making a passage through or over Sri Lanka infringes in itself or in any part of it any invention, design or model which is entitled to protection in Sri Lanka, it shall be lawful, subject to and in accordance with rules made as hereinafter provided, to detain such aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this section referred to as “the deposited sum”), and thereupon the aircraft shall not, during the continuance or in the course of the passage, be subject to any lien, arrest, detention or prohibition, whether by order of a court or otherwise, in respect of or on account of the alleged infringement.

(2) The deposited sum shall be such a sum as may be agreed upon between the parties interested, or in default of agreement shall be fixed by the Minister or some person duly authorized by the Minister in that behalf, and payment thereof shall be made or secured to him in such manner as he shall approve. The deposited sum shall be dealt with by such court and in accordance with such procedure as may be prescribed by rules made by the Supreme Court for that purpose as well as for the purpose of providing generally for carrying this section into effect.

(3) For the purposes of this section and of section 6, the expression ” owner” includes the actual owner of an aircraft, and any person claiming through or under him, and the expression ” passage ” includes all reasonable landings and stoppages in the course or for the purpose of a passage.

(1) Notwithstanding anything in section 5 of this Act or any other written law, any lawful entry into Sri Lanka, with or without landings, of an aircraft to which this section applies shall not entail any seizure or detention of the aircraft or any proceedings being brought against the owner or operator thereof or any other interference therewith by or on behalf of any person in Sri Lanka, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model.

(2) Notwithstanding anything in section 5 of this Act or any other written law, the importation into, and storage in, Sri Lanka of spare parts and spare equipment for aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Sri Lanka on the ground that the spare parts or spare equipment or their installation is or are an infringement of any patent, design or model:

Provided, however, that the preceding provisions of this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Sri Lanka or are exported from Sri Lanka for sale or distribution.

(3) This section applies to an aircraft registered in any country or territory in the case of which there is for the time being in force a declaration made by the Minister, with a view to the fulfillment of the provisions of the Chicago Convention, that the benefits of those provisions apply to that country or territory, and to such other aircraft as the Minister may by Order specify.

(1) In time of war, whether actual or imminent, or of great national emergency, the Minister in charge of the subject of Defence may by general or special Order regulate or prohibit, either absolutely or subject to such conditions as may be contained in the Order, the navigation of all or any descriptions of aircraft over Sri Lanka or any portion thereof, or the territorial waters* adjacent thereto; and may, by the same or any subsequent Order, provide for taking possession of and using for the purposes of the naval, military or air forces of the Republic any aerodrome or landing ground, or any aircraft, machinery, plant, material or things found therein or thereon, and for regulating or prohibiting the use, erection, building, maintenance or establishment of any aerodrome, flying school, or landing ground, or any class or description thereof.

(2) An Order under this section may make, for the purposes of the Order, such provision as regulations under this Act may make by virtue of paragraph (m) of subsection (2) of section 3.

(3) Any person who suffers direct injury or loss, owing to the operation of an Order of the Minister under this section, shall be entitled to receive compensation from the Minister in charge of the subject of Defence from such moneys as may be provided by Parliament for the purpose, the amount thereof to be fixed, in default of agreement between the parties interested, by an arbitrator to be agreed upon between such parties or failing such agreement to be appointed by the Chief Justice :

Provided, however, that no compensation shall be payable by reason of the operation of a general Order under this section prohibiting flying in Sri Lanka or any part thereof.

(1)

(2) For the avoidance of doubts it is hereby declared that one of the purposes for which the Minister is empowered by this section to acquire land is the purpose of securing that the land adjacent to the site of an aerodrome which the Minister has established or is about to establish, shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, approaching or leaving the aerodrome.

(1) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight or the ordinary incidents of the flight of aircraft over any properly at a height above the ground which, having regard to wind, weather, and all the circumstances of the case is reasonable, so long as the provisions of this Act and any regulations or orders made thereunder are duty complied with; but where material damage or loss is caused by an aircraft in flight, taking off, or landing, or by any person in any such aircraft, or by an article or person falling from any such aircraft, to any person or property on land or water, damages shall be recoverable from the owner of the aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as though the same had been caused by his willful act. Neglect or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the same was suffered: Provided that where material damage or loss is caused as aforesaid in circumstances in which

(2) Where any aircraft has been bona fide demised, let, or hired out for a period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out.

(1) Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof, unless such owner proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, shall each be guilty of an offence under this Act.

(2) For the purposes of this section, the expression ” owner”, in relation to an aircraft, includes any person by whom the aircraft is hired at the time of the offence.

(3) The provisions of this section shall be in addition to and not is substitution for any general safety or other provisions prescribed by any order or regulations made under this Act.

(1) Any services rendered in assisting or in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by an aircraft to any person or property, the owner of the aircraft shall be entitled to the same reward for those services as he would have been entitled to if the aircraft had been a vessel. The preceding provisions of this subsection shall have effect notwithstanding that the aircraft concerned is a foreign aircraft, and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters* adjacent to any part of Sri Lanka.

(2) The Minister may make regulations directing that the provisions of any law for the time being in force in Sri Lanka which relate to wreck, to salvage of life or property or to the duty of rendering assistance to vessels in distress shall, with such exceptions, adaptations and modifications, if any, as may be specified in the regulations, apply in relation to aircraft as those provisions apply in relation to vessels.

(3) For the purposes of this section, any provisions of any law for the time being in force in Sri Lanka which relate to vessels laid by or neglected as unfit for sea service shall be deemed to be provisions relating to wreck.

(1) Regulations may be made under this Act providing for the investigation of any accident arising out of or in the course of air navigation and occurring in or over Sri Lanka or the territorial waters* adjacent thereto, or elsewhere to Sri Lanka aircraft.

(2) Without prejudice to the generality of the powers conferred by subsection (1), regulations referred to in that subsection may contain provisions

(1) If the Minister is satisfied, with respect to any building, structure or erection in the vicinity of any aerodrome that, in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to such aircraft warning of the presence of that building, structure, or erection, he may by order authorize (subject to any conditions specified in the order) the proprietor of the aerodrome, and any person acting under the proprietor’s instructions

(2) The Minister shall, before making any such order as aforesaid, cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him by any person appearing to him to have an interest in any land which would be affected by the order; and at the end of that period the order may, subject to the provisions of this section, be made with such modifications, if any, of the original draft as the Minister thinks proper.

(3)

(4) The ownership of anything shall not be taken to be affected by reason only that it is placed or affixed to any land in pursuance of such an order as aforesaid; and (subject to the provisions of the next following subsection) so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the proprietor of the aerodrome, willfully interfere with any works or things which, to the knowledge of that person, are works or things, executed or placed in, on or over any land in pursuance of the order.

(5) Nothing in this section shall operate, in relation to any building, structure or erection, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the building, structure or erection, provided that

(1) The Minister may, by Order published in the Gazette, declare any area of land which is adjacent or contiguous to an aerodrome, whether such aerodrome is maintained for the purposes of civil aviation or is maintained on a joint user basis, td be an area to which regulations made under subsection (3) shall be applicable.

(2) An Order made under subsection (1) may define the area of land by setting out the extent, the assessment number or the metes and bounds of the land or each of the lands comprised in the urea.

(3) Regulations may be made under this Act for securing the safe and efficient use for aviation purposes of any area of land in respect of which an Order has been made by the Minister under subsection (1). Such regulations may provide for

(1) Regulations may be made under information as this Act requiring any person-

(2)

(1) Regulations may be made under this Act

(2) Nothing in this section shall be taken to affect the power under section 3 of giving effect by regulations to any provision or amendment of the Chicago Convention, being a provision or amendment which authorizes the imposition of restrictions on the use of foreign aircraft.

(1) The Articles contained in the First Schedule, being the provisions of the Warsaw Convention, shall, so far as they relate to the rights and liabilities of carriers, passengers, consignors, consignees and other persons and subject to the provisions of this section, 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 Warsaw 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 subsequent Order, be conclusive evidence of the matters so certified.

(3) Any reference in the First Schedule to the territory of any High Contracting Party shall be construed as a reference to the territories subject to his sovereignty, suzerainty, mandate or authority, in respect of which he is a party.

(4) Any liability imposed by Article 17 of the First Schedule 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 taw, whether statutory or otherwise, for the lime being in force in Sri Lanka, and the provisions of the Second Schedule 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.

(5) Any sum in francs mentionedin Article 22 of the First Schedule shall, for the purposes of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court.

(1) Every High Contracting Party to the Warsaw Convention who has not availed himself of the provisions of the additional Protocol thereto shall, for the purposes of any suit brought in a court in Sri Lanka in accordance with the provisions of Article 28 of the First Schedule 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 to be made or deemed to have been made for that purpose under the Constitution may provide for the manner in which any such suit is to be commenced or carried on.

(2) Nothing in the preceding provisions of this section shall be deemed or construed may be provided for by regulations. to authorize any court to attach or sell any property of a High Contracting Party to the Warsaw Convention.

(1) There may be appointed, for the purposes 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-General 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.

(1) The Minister may, by Order published in the Gazette, appoint as an Agent of the Government, a company registered under the Companies Ordinance, being a company of which ninety-five per centum of the shares are held by the Government and the balance shares are held by a Corporation or the body or company which operates the national airline, for the following purposes:

(2) Notwithstanding anything in the memorandum and articles of association of the Agent, the Minister may, by Order published in the Gazette, remove any member of the Board of Directors of the Agent from office, where it appears to him that such removal is necessary or expedient for the effective discharge by the Agent, of his functions.

(3) The memorandum and articles of association of such Agent shall not be amend ed except with the prior written approval of the Minister. Any amendment purported to be made without such approval shall have no force or effect in law.

(4) The Minister may give to the Agent general or special directions as to the discharge by the Agent of his functions and it shall be the duty of such Agent to comply with such directions.

(5) Without prejudice to the generality of the power conferred on the Minister by subsection (4), the Minister may give the Agent directions to do a particular thing which the Agent has power to do or to refrain from doing a particular thing if he considers it appropriate to give such directions-

(6) In-

the Agent shall act after consultation with the Minister.

(7) The Agent shall, in the event of any accident to any aircraft or any interference with, or damage to, any navigational aids, bring such matters to the notice of the Minister.

(8) All movable and immovable property vested in “the Director-General 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. “.

(10) In time of war, whether actual or imminent, or of national emergency, the Minister may by order require that any property made available to the Agent under subsection (8) be placed at the disposal of the Minister and while such order is in force, the Minister may give to the Agent such directions as he thinks fit, as to the management of such property and it shall be the duty of the Agent to comply with such directions.

(11) All such contracts, obligations and liabilities of the Government relating to air navigation subsisting on the date of the Order under subsection (1) as are declared by the Minister by Order published in the Gazette, shall be deemed with effect from the date of the second-mentioned Order, to be the contracts, obligations and liabilities of the Agent.

(12) Every contract entered into by the Agent after the date of the Order appointing him as such Agent shall, unless there is ex press provision to the contrary in the terms of such contract, be deemed to be a contract entered into by the Agent on his own behalf and not on behalf of the State and shall be deemed not to bind the State.

(13) No proceeding shall lie against the State in respect of anything done or omitted to be done by the Agent in the discharge or purported discharge of his functions.

(14) Sections 12, 13, 14 and 15 of the Finance Act, No. 38 of 1971, shall, mutatis mutandis, apply to the audit of the accounts relating to such sums of money as may be provided by Parliament for the capital expenditure of the Agent.

(15) The Minister may, by a notice in writing, require the Agent to furnish him with such information regarding it’s finances as may be specified in such notice and it shall be the duty of the Agent to comply with the requirements of such notice and the Agent shall, at the end of each calendar year, submit to the Minister

(16) Where the appropriate authority is satisfied that, by reason of the appointment of an Agent under subsection (1), the services of any public officer (other than an officer in the combined service of the Government who is liable to transfer under the minutes of the service) are no longer required in the Department of Civil Aviation, he may abolish the post held by that public officer:

Provided that the appropriate authority may abolish the post held by any public officer who is an officer of the combined service of the Government and who has served continuously in the Department of Civil Aviation from a date prior to the setting up of that combined service if the appropriate authority is satisfied that by the reason of the appointment of the Agent, the services of that officer are no longer required in that department.

(17) Where the post held by a public officer whose post is abolished under subsection (16) is declared to be pensionable under the Minutes on Pensions such officer shall be eligible to the payment of such pension or gratuity as would have been paid to him under the Minutes on Pensions had he retired from the public service on the ground of abolition of office.

(17A)

(18) Where any public officer whose post is abolished under subsection (16) is under a bond or agreement to serve the Government for a specified period, any service by him on the staff of the Agent shall be regarded as service to the Government for the purposes of fulfilling such bond or agreement:

Provided that if any such officer is offered employment on the staff of the Agent and he does not accept such offer, he shall be liable, subject to the terms and conditions of such bond or agreement, to pay the Government, in respect of any unfulfilled period of service under such bond or agreement a sum of money computed in accordance with the terms of such bond or agreement.

(19)

(20) The Agent shall be exempt from the payment of any customs duty on any capital equipment imported by him for the development of airports or of air navigation services or facilities.

(1) All sums paid or recovered by way of fees, charges or fines under this Act shall, subject to subsection (3), be payable into the Consolidated Fund.

(2) The Agent shall collect or recover on behalf of the Government, such fees, rents, taxes or other charges imposed or levied under this Act as may be specified by the Minister by Order published in the Gazette.

(3) The Agent shall retain from and out of the fees, taxes or charges collected or recovered by him on behalf of the Government –

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of all matters for which regulations are required or authorized to be made under this Act.

(3) Notwithstanding anything to the contrary in the preceding provisions of this section, the power to make regulations under section 3 (2) (n) of this Act shall be vested in, and exercised only by, the Minister in charge of the subject of Finance.

(a) make different provision with reference to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of Sri Lanka but shall, so far as practicable, be so framed as not to discriminate in like circumstances between aircraft registered in Sri Lanka operated on charter terms by one air transport undertaking and such aircraft so operated by another such undertaking;

(b) be made applicable to Sri Lanka aircraft wherever they may be ;

(c) prohibit, require or regulate the doing of anything by persons in, or any of the crew of, Sri Lanka aircraft wherever they may be ; or

(d) prohibit, require or regulate the doing of anything in relation to Sri Lanka aircraft by other persons, being citizens of Sri Lanka, wherever they may be.

(1) Any offence under this Act, and any offence whatever committed on a Sri Lanka aircraft, shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be.

(2) Rules to be made or deemed to have been made under the Constitution for the purpose may make provision as to the courts in which proceedings may be taken for enforcing any claim under this.-. Act, or any other claim in respect of aircraft, and in particular may provide for conferring jurisdiction in any such proceedings on any court exercising admiralty jurisdiction and applying to such proceedings any rules of practice or procedure applicable to proceedings in admiralty.(* Section 31 is omitted, as its provisions are covered by section 7 of the Interpretation Ordinance and have taken effect.)

(1) Every document purporting to be an Order or other instrument, made or issued by the Minister in pursuance of any provision contained in. or having effect under, this Act, and to be signed by him or on his behalf, shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by him.

(2) Prima facie evidence of any such instrument as aforesaid may in any legal proceedings be given by the production of a document purporting to be certified to be a true copy of the instrument by, or on behalf of, the Minister.

(a) contravenes or fails to comply with any provision of any regulation or order made under this Act; or

(b) obstructs or impedes any person in the exercise of his powers and duties under this Act or under any regulation or order made thereunder, shall be guilty of an offence under this Act.

(1) In this Act, unless the context otherwise requires

“aerodrome” means any definite or limited ground or water area intended to be used, either wholly or partly, for the landing or departure of aircraft and all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto;

” Agent” means an Agent appointed under section 21A.

” aircraft” means any machine that can derive support in the atmosphere from the reactions of the air;

” air navigation services ” means navigational aids and navigational facilities;

” airport” means an aerodrome at which facilities are provided for the shelter, servicing or repair of aircraft, for receiving or discharging passengers or cargo, and includes a heliport;

“air traffic control” means a service provided for the purpose of

” airship” means any power-driven lighter-than-air aircraft

” balloon” means a non-power-driven lighter-than-air aircraft,

” Chicago Convention” means the Convention on International Civil Aviation which was signed at Chicago on the 7th day of December, 1944, as amended by any subsequent convention or agreement;

” citizen of Sri Lanka ” means a citizen of Sri Lanka under any law for the time being in force ;

” crew”, in relation to an aircraft, includes any person having duties on board in connection with the flying or the safety of the flight of the aircraft or employed on board in any way in the service of the aircraft, the passengers or the cargo;

“customs aerodrome” means an aerodrome for the time being appointed as a place of landing and departure of aircraft for the purposes of the law relating to customs;

” damage or loss ” includes, in relation to persons, loss of life and personal injury;

” flying machine ” includes all aeroplanes, seaplanes, flying boats, or other aircraft heavier than air and having means of propulsion;

” foreign aircraft” means aircraft not registered in Sri Lanka under this Act;

“glider” means a non-power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

” land ” includes land covered with water and any right in or over land ;

” licensed aerodrome” means an aerodrome licensed under regulations made under this Act;

” national airline ” means the air line for the time being designated as the national carrier of Sri Lanka;

“navigational aids” means visual and non-visual navigation aids along an air route, visual and non-visual aids to approach and landing at aerodromes and includes communication services, meteorological services and the air traffic control services;

“navigational facilities” means facilities provided to permit safe navigation of aircraft and includes visual and non-visual navigation aids.

“proprietor of the aerodrome ” means, in relation to any premises used or appropriated for use as an aerodrome, the person carrying on or entitled to carry on the business of an aerodrome in those premises, or, in the case of an aerodrome which is established or maintained by or on behalf of the Government, the officer in charge of the aerodrome;

” Schedule” means a Schedule to this Act;

” Sri Lanka aircraft” means aircraft registered in Sri Lanka under this Act.

(2) Any reference in this Act to goods or articles shall be construed as including a reference to mails or animals, and any reference in this Act to any country or territory shall, unless the context otherwise requires, be construed as including a reference to the territorial waters, if any adjacent to that country or territory.

(3) In this Act, the expression ” purposes of civil aviation” includes all purposes connected with air navigation, except purposes of the defence of Sri Lanka by air.

(4) Any reference in the First Schedule to agents shall be construed as including a reference to servants.