Air Navigation (Special Provisions)

Air Navigation (Special Provisions)

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.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : ”

[6^th November
, 1992 ]

Short title.

1. This Act may be cited as the Air Navigation (Special Provisions) Act, No. 55 of 1992.

PART I

AMENDMENTS TO THE AIR NAVIGATION ACT

Amendment of section 20 of Chapter 365.

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20 of the Air Navigation Act (hereinafter this Part of this Act referred to as the ” principal, enactment”) as hereby repealed and the following section is substituted therefor –

“Appointment of Director-General of Civil Aviation.

20.

(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.

Amendment of section 21A of the principal enactment.

3. 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. “.

Amendment of section 35 of the principal enactment.

4. 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”.

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

Provisions of Warsawn 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 lime 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.

Provisions of the Additional Protocol to apply with necessary modification.

7. 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.

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;

(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

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.

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

10.

(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.

Power to enter and inspect premises.

11.

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

(a) for the purpose of ascertaining whether the provisions of this Part of this Act or any regulations made thereunder are being complied with, enter, with the permission of the licence-holder and inspect, at all reasonable hours of the day or night, the premises in which the business of air transportation is being carried on under the authority of a licence issued under subsection (1) of section 9 ;

(b) inspect and take copies of any records or returns required by or under this Part of this Act to be kept in respect of such business and of any other records relating to such business.

(2) Where the Director-General of Civil Aviation has reasonable grounds to believe that the provisions of this Part of this Act or regulations made thereunder are being contravened, he may, after obtaining a warrant under hand of a Magistrate, enter and inspectâ€™ any premises specified in such warrant and take into custody, any ticket stocks or other documents used in connection with, the commission of an offence under this Part of this Act.

Offences and penalties.

12. Any person who”

(1)

(a) carries on the business of air transportation in contravention of section 9;

(b) resists or obstructs the Director-General of Civil Aviation or any person authorized by him in the exercise by such Director-General or such person, of the powers conferred on him by section 11;

(d) fails to furnish any such return, information or explanation as ha is required to furnish under section 9(5) ;

(e) knowingly makes any false or incorrect statement in any such record, return, information or explanation;

(f) fails to comply with any other provision of this Part of this Act or any regulation made thereunder,

shall be guilty of an offence under this Part of this Act.

(2) When an offence under this Part of this Act is committed by a body of persons, then

(a) if that body of persons is a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of that body corporate ; or

(b) if that body of persons is a firm, every person who at the time of the commission of the offence was a partner of that firm,

shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and in all the circumstances.

(3) Every person who is guilty of an offence under this Act, shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding fifty thousand rupees or to imprisonment of either description for a period not exceeding one year or to both such fine and imprisonment.

(4) Where any person carrying on business of air transportation under the authority of a licence issued under sub section (1) of section 9 is convicted by a court of competent jurisdiction of any offence under this Part of this Act and no appeal against such conviction is preferred or the conviction is confirmed in appeal, the Director-General of Civil Aviation may without notice revoke such licence under this subsection and such revocation shall be final and conclusive and shall not be called in question in any court or tribunal.

Regulations.

13.

(1) The Minister in consultation with the Minister in charge of the subject of Tourism, may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Part of this Act and in particular In respect of all or any of the following matters :”

(a) the period for which and the terms and conditions subject to which, licences may be issued under subsection (1) of section 9 ;

(b) the mode and manner in which applications for licences under subsection (1) of section 9 may be made and disposed of ;

(c) any matter which is required by this Part of this Act to be prescribed or in respect of whichâ€™ regulations are required to be made by this Part of this Act ;

(d) the standards to be observed by holders of licence issued under subsection (1) section 9.

(2) The Minister in charge of the subject of Finance may in consultation with the Minister in charge of the subject of Civil Aviation and the Minister in charge of the subject of Tourism, make regulations under this Part of this Act for and in respect of all or any of the following matters : ”

(a) the sale of passenger tickets for travel by aircraft and the bookings of passages for travel by aircraft;

(b) the collection of freight charges on exports by air- craft ;

(c) the collection of freight charges on imports by air- craft where contract for such carriage of freight is made in Sri Lanka ;

(d) the furnishing of all such statements or declarations by holders of licences issued under subsection (1) of section 9 as may be necessary to ensure that the regulations made under this section are complied with, including such details as to”

(i) the traffic documents issued during any month whether or not any cash collections were involved in such issue ;

(ii) the total of cash collections effected in any month from sale of passenger tickets and from freight charges ;

(iii) refunds granted against air transportation documents issued in Sri Lanka.

(3) Every regulation made under subsection (1) or sub section (2) shell be published in the Gazette and shall came into operation on the dale of such publication or on such later date as may be specified in the regulation.

(4) Every regulation made under subsection (1) or sub section (2) shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done thereunder. Notification of the date on which a regulation is deemed to be rescinded shall be published in the Gazette.

PART IV

SECURITY OF AIRPORTS AND AIRCRAFTS

Security of aircrafts airports &c.

14. The purposes to which this Part of the Act applies shall be the Protection against the acts, which affect the safety and security of”

(a) aircraft and of persons or property on board aircraft;

(b) airports and of such persons or property as are at any time present in any part of an airport or of property which forms part of an airport; and

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

15.

(1) The Director-General of Civil Aviation appointed under the Air Navigation Act (hereinafter in this Part of Act referred to as “the Director-General Civil Aviation”) by notice in writing served on any person who is the operator of one or more aircrafts registered or operating in Sri Lanka or the Agent managing any Airport in Sri Lanka require such person or Agent to inform the Director-General of Civil Aviation within a period not exceeding four weeks from the date of the notice, of the measures of a description specified in the notice, which are being taken in respect of the aircraft registered or operating in Sri Lanka of which he is the operator or in respect of that airport, as the case may be, for the purposes referred to in section 14.

(2) Any person who”

(a) refuses or without reasonable excuse, fails to comply with a requirement imposed on him by a notice under subsection (1) ; or

(b) in furnishing any information in compliance with any such requirement, makes a statement which he-knows is false in a material particular or recklessly makes a statement which is false in a material particular,

shall be guilty of an offence under this Act and shall upon conviction after summary trial before a Magistrate be liable to a fine not exceeding fifty thousand rupees.

Director-General of Civil Aviation to issue directions.

16.

(1) For the purposes referred to in section 14 the Director-General of Civil Aviation may give a direction in writing to the operator of any one or more aircrafts registered or operating in Sri Lanka or to the Agent in respect of any airport in Sri Lanka managed by him, requiring the operator or the Agent as the case may be”

(a) not to cause or permit any person or property to go or be taken, on board any aircraft to which the direction relates or to come or be brought into proximity to any such aircraft, unless such searches of those persons or that property as are specified in the direction have been carried out by authorized security personnel;

(b) not to cause or permit any such aircraft to fly unless such searches of the aircraft as are specified in the direction have been carried out by authorized security personnel.

(2) Any person who fails to comply with any direction given to him under this subsection shall be guilty of an offence under this Act and shall be liable upon conviction after summary trial before a Magistrate to a fine not exceeding fifty thousand rupees.

(3) For the purposes referred to in section 14, the Director-General of Civil Aviation may give a direction in writing to the Manager of an airport requiring him to allow the search of such airport including searches”

(a) of the airport or any part of it;

(b) of any aircraft which at the time when the direction is given or at any subsequent time is in any part of the airport; and

(4) Where a direction given under this section to the Manager of an airport is for the time being in force, then if an authorised security personnel has reasonable cause to suspect that a dangerous article is in or may be brought into any part of the airport, he may, by virtue of this sub section and without a warrant, search any part of the airport or any aircraft, vehicle, goods or other movable property of any description which, or any person who, is for the time being in any part of such airport, and for that purpose”

(a) may enter any building in such airport or enter upon any land in the airport, if need be by force ; and

(b) may stop and detain any such aircraft, after obtaining the concurrence of the Manager of the airport ;

(c) may stop and detain such vehicle, goods, property or person and detain it or him so long as it is necessary for a proper search and in accordance with the law

(5) Any person who”

(a) refuses or fails to comply with a direction given to him under subsection (3) ; or

(b) obstructs or impedes a person acting in the exercise of a power conferred on him by subsection (4),

shall be guilty of an offence and shall be liable on conviction after summary trial before a Magistrate for a fine not exceeding ten thousand rupees or to imprisonment of either description for a term not exceeding two years or both such fine and imprisonment.

(6) It shall be an offence for any person without lawful authority or reasonable excuse (the proof of which shall be on him) to have with him any dangerous article”

(a) in any aircraft registered in Sri Lanka, whether at a time when the aircraft is in Sri Lanka or not; or

(b) in any other aircraft at a-time when it is in, or in flight over, Sri Lanka ; or

(d) in any air navigation installation in Sri Lanka which does not form part of an airport.

(7) For the purposes of this section, the words ” dangerous article ” means”

(a) any firearm or any article having the appearance of being a firearm, whether capable of being discharged or not;

(b) any explosive,, any article manufactured or adapted (whether in the form of a grenade or otherwise so as to have the appearance of being an explosive) whether it is capable of producing a practical effect by explosion or not, or any article marked or labeled so as to indicate that it is, or contains, an explosive ; and

(c) any article made or adapted for use for causing injury to or incapacitating a person or for destroying or damaging property or intended by the person having it with him for such use whether by him or any other person.

(8) Every person guilty of an offence under subsection (6) shall on conviction after summary trial before a Magistrate be liable to imprisonment of either description for a term not exceeding three years.

The Agent to maintain airport security service.

17. The Agent shall, for the purposes set out in to section 15 maintain an Airport Security Service (hereinafter referred to as the (‘Security Service’) within the limits of any airport which is administered by him on behalf of the Government of Sri Lanka.

Duties of the member of the Security Service.

18. It shall be the duty of every member of the Security Service maintained under section 17″

(a) to protect and safeguard the property of the Government of Sri Lanka and of the Agent and to reasonably ensure the safety of persons who enter or use the airport and where so directed, of the aircraft and other equipment which are within the limits of airport;

(b) to use his best endeavours and ability to prevent all breaches of law and nuisances within the airport;

(d) to do any other thing which is necessary or which is required or ordered by the Agent to protect and safeguard the property of the Government of Sri Lanka or the Agent and the persons who enter or use the airport;

(e) to otherwise assist in the compliance with any direction given to the Agent by the Director-General of Civil Aviation in relation to safety and security of the airport, its users and property within including aircraft.

Powers of the member of the Security Services.

19.

(1) It shall be lawful for any member of the Security Service maintained under section 17 to detain within the limits of the airport”

(a) any person who commits or is committing an offence under this Part of this Act or under the Offences Against Aircraft Act, No. 24 of 1992 ;

(b) any person against whom reasonable suspicion exists that he is about to commit an offence under this Part of this Act, or the Offences Against Aircraft Act, No. 24 of 1982;

(c) any person against whom a reasonable suspicion exists that he had aided and abetted the commission of any offence under this Part of this Act or the ‘ Offences Against Aircraft Act, No. 24 of 1982 :

(d) any person having in his custody or possession, without lawful excuse, any offensive or dangerous weapon;

(e) any person in possession of goods reasonably suspected to be property stolen or fraudulently obtained:

Provided, however that where there is reason to believe that such person, has acted or is acting in contravention of any of the provisions of the Customs Ordinance, such person shall be handed over forthwith to a customs officer to be dealt with in accordance with the provisions of that Ordinance ;

(f) any person who is committing an offence within the airport being an offence in respect of which a person may be arrested without a warrant, under section 32 of the Code of Criminal Procedure Act, No. 18 of 1979;

(g) any person who is committing theft of or damage to”, any property belonging-to or in the possession of the Government of Sri Lanka or the Agent;

(h) any person who is. found within the airport in circumstances which provide reason to believe that such person has committed, or is about to commit theft of, or damage to, any property belonging to, or in the possession of the Government of Sri Lanka or the Agent;

(i) any person found taking precautions to conceal his presence under circumstance which afford reason to believe that he is taking such precautions with a_ view to committing a cognizable offence within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979 or an offence under this Part of this Act or the Offences Against Aircraft Act, No. 24 of 1982.

(2) Any person detained under subsection (1) shall unless released, be forthwith handed over to a Police officer to . be dealt with according to law.

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

20. It shall be lawful for any member of the Security-service maintained under section 17 to search any person including his belongings or any conveyance used by such person within the premises of the airport when he has reason to believe that such person has committed a cognizable offence within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979, or any offence under this Part of this Act or the Offences Against Aircraft Act, No. 24 of 1982 or is about to commit such offence :

Provided, however, that where it is necessary to cause a woman to be searched, such search shall be made by another woman with strict regard to decency.

Steps to be taken case of fire.

21. In all cases of fire or any other calamity occurring within an airport, every member of the Security Service maintained under section 17 on duty within such airport, shall take steps to protect the persons and property endangered thereby.

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

22. No suit or prosecution shall lie against a member of the Security Service, mainlined under section 17 the Agent or the Government of Sri Lanka in respect of any act which is in good faith done, or purported to be done or omitted to be done, by a member of such Security Service, under this Part of this Act or in respect of the safety or security of persons or property within or outside an airport.

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

23. The cadre of the Security Service maintained under section 17 and the nature, type and quantity of firearms and ammunition for the use of such service and which may be carried by any member thereof shall have the prior approval of the Secretary.

Interpretation.

24. In this Part of this Act, unless the context otherwise requires”

” Agent” has the same meaning as in the Air Navigation Act;

” airport ” same meaning as in the Air Navigation Act;

” authorised security personnel ” means a member of the Security Services maintained by Agent under section 17 and includes any member of the Armed Forces or Police Force who is performing, or is called upon to perform, his duties within the airport;

” Manager of the airport” means the Manager appointed by the Agent in respect of an airport or the person acting as Manager of the airport;

” operator :’ in relation to an aircraft, means the person for the time being having the management of the aircraft; and

“Secretary” means the Secretary to the Ministry of the Minister in charge of the subject of Civil Aviation.

Sinhala text to prevail in case of inconsistency.

25. In the event of an inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Schedules