Civil Aviation Ordinance, 1960
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THE CIVIL AVIATION ORDINANCE, 1960
THE CIVIL AVIATION ORDINANCE, 1960 1ORDINANCE No. XXXII OF 1960* [27th July, 1960] An Ordinance to make better provision for the control of manufacture, possession, use, operation, sale, import and export of aircraft, the control and regulation of air transport services, and the control and development of aerodromes in Pakistan. WHEREAS it is expedient to make better provision for the control of manufacture, possession, use, operation, sale, import and export of aircraft, the control and regulation of air transport services, and the control and development of aerodromes in Pakistan; NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:⎯
Section 1. Short title, extent and application
(1) This Ordinance may be called the Civil Aviation Ordinance, 1960.
(2) It extends to the whole of Pakistan, and applies to all citizens of Pakistan and persons on any aircraft registered in Pakistan, wherever such citizens or persons may be, and to all persons on any aircraft while in Pakistan, 2[and to all persons carrying on any business relating to or connected with, the purposes of this Ordinance.] but nothing in this Ordinance or the rules or in any order made thereunder__
(a) shall apply to or in respect of any aircraft belonging to or exclusively employed in the naval, military or air force of Pakistan, or persons employed in connection with any such aircraft, unless the 3[Federal Government], by notification in the official Gazette, applies to any such aircraft or person, with or without modification, any of the provisions of this Ordinance or the rules; or
(b) shall apply to or in respect of any lighthouse to which the Lighthouse Act, 1927 (XVII of 1927), applies, or prejudice or affect any right or power exercisable by any authority under that Act.
Section 2. Definitions
In this Ordinance, unless there is anything repugnant in the subject or context,—
(a) “aerodrome” means any areas of land or water designed, equipped, set apart or commonly used or intended to be used, either wholly or in part, for affording facilities for the landing and departure of aircraft, and includes all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto;
1This Ordinance has been temporarily amended during the continuance of the Defence of Pakistan Ordinance, 1965 (23 of 1965), see sub-section (7) of section 7 of the said Ordinance.
*Section 1,9,12 & 12A to 12F of the Civil Aviation Ordinance, 1960 (XXXI of 1960) has been amended/inserted to the extent of F.A.T.A. by S.R.O. 1312(I)/97, dt.25-11-97.
2Ins. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974), s.2.
3Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974), s.4, for “Central Government”.
(b) “aircraft” means any machine which can derive support in the atmosphere from reactions of the air, and includes balloons, whether captive or free, airships, kites, gliders and flying machines;
(c) “airport” means an aerodrome at which facilities have, in the opinion of the 1[Federal Government], been sufficiently developed to be of importance to civil aviation;
(d) “air transport service” means a service of aircraft for the purpose of effecting public transport of passengers, goods, mails and other things;
(e) “commercial flying” means flying for carriage by air of any passenger, mail or goods for hire or reward and such other flying for the purposes of any trade or business as may be specified by the 1[Federal Government] and “commercial flight” shall be construed accordingly;
(f) “export” means taking out of Pakistan;
(g) “import” means bringing into Pakistan;
(h) “landing area” means the part of the movement area intended for the landing or take off run of aircraft;
(i) “prescribed” means prescribed by rules;
(j) “purposes of civil aviation” include all purposes connected with air navigation except purposes of defence by air;
(k) “rules” means the rules made under this Ordinance.
Section 3. Power to exempt, etc
The 1[Federal Government may, by notification in the official Gazette, either exempt from all or any of the provisions of this Ordinance any aircraft or class of aircraft, and any person or class of persons, or may direct that all or any of such provisions shall apply to any aircraft or person subject to such modifications or conditions as may be specified in the notification.
Section 4. Power to make rules to implement certain International Conventions
The 1[Federal Government] may, by notification in the official Gazette, make such rules as appear to it to be necessary for carrying out the provisions of__
(a) the Convention on International Civil Aviation signed in Chicago on the seventh day of December, 1944, and any amendments of the Convention or annex thereto made in accordance with the provisions of Article 94 of the Convention;
(b) the Convention on International Recognition of Rights in Aircraft signed in Geneva on the nineteenth day of June, 1948, and any amendment thereto;
(c) the Convention on Damage caused by Foreign Aircraft to Third Parties on the Surface signed in Rome on the seventh day of October, 1952, and any amendment thereto; and
(d) any other treaty, agreement or convention between Pakistan and any other country or any decision taken at any international body relating to civil aviation.
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
Section 5. Power to make rules generally
(1) The 1[Federal Government] may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for one or more of the following matters, that is to say,__
(a) the authorities by which any of the powers conferred by or under this Ordinance are to be exercised;
(b) the regulation of air transport services and commercial flying, and the prohibition of the use of aircraft in such services and in commercial flights except under the authority of, and in accordance with, a licence authorizing the establishment of any such service or flight;
(c) the information to be furnished by an applicant for, or the holder of, a licence authorizing the establishment of an air transport service to such authorities as may be prescribed;
(d) the licensing, inspection and regulation of aerodromes or airports, the conditions under which aerodromes or airports may be maintained, and the fees which may be charged for the use of, and for services provided at, such aerodromes or airports, and the prohibition or regulation of the use of unlicensed aerodromes or airports, and the regulation of conduct of persons at aerodromes or airports or in the vicinity of aerodromes or airports;
(e) the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are manufactured, repaired or kept;
(f) the registration and marking of aircraft;
(g) the conditions under which aircraft may be flown, or may carry passengers, goods, mails and other things, or may be used for industrial purposes, and the certificates, licences or documents to be carried by aircraft;
(h) the inspection or supervision of aircraft for the purpose of enforcing the provisions of this Ordinance and the rules, and the facilities to be provided for such inspection or supervision;
(i) the conditions subject to which persons may be engaged or employed in, or in connection with, air navigation;
(j) the licensing of persons employed in the operation, manufacture, repair or maintenance of aircraft and at aerodromes or airports;
(k) the conditions under which, and the aerodromes or airports to or from which, aircraft entering or leaving Pakistan may fly, and the conditions under which aircraft may fly over Pakistan or from one place in Pakistan to another;
(l) the prohibition of flight by aircraft over any specified area, either absolutely or at specified times, or subject to specified conditions and exceptions;
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
(m) the supply, supervision and control of air-route beacons, aerodrome or airport lights, and lights at or in the neighbourhood of aerodromes or airports and on or in the neighbourhood of air-routes;
(n) the formulation and observance of uniform standards in respect of obstruction clearances for areas adjoining the landing area at aerodromes and airports;
(o) the installation and maintenance of lights on private property in the neighbourhood of aerodromes or airports and on or in the neighbourhood of air-routes, by the owners or occupiers of such property, payment by the 1[Federal Government] for such installation and maintenance, and the supervision and control of such installation and maintenance, including the right of access to the property for such purpose, and the removal of lights, radio and electrical equipment and smoke producing apparatus which may endanger the safety of aircraft in the vicinity of aerodromes or airports;
(p) the regulation and making of signals and communications by or to aircraft, and by or to persons carried therein;
(q) the measures to be taken for securing the requirements of obstruction clearances at aerodromes and airports, for the safety, efficiency and regularity of air navigation and the safety of aircraft, passengers, goods, mails and other things carried therein, and for preventing aircraft from endangering other persons and property;
(r) the prohibition or regulation of carriage in aircraft of any specified article or substance;
(s) the issue and maintenance of log-books;
(t) the manner in which and the conditions subject to which any licence or certificate may be issued under this Ordinance or the rules, the examination and tests to be undergone in connection therewith, and the form, custody, production, endorsement, cancellation, suspension or surrender of any such licence or certificate, or of any log-book;
(u) the fees to be charged in connection with any inspection, examination, test, certificate or licence, made, issued, or renewed under this Ordinance or the rules;
(v) the recognition, for the purposes of this Ordinance, of licences and certificates issued elsewhere than in Bangladesh relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft;
(w) the supply, for purposes of air navigation, of meteorological information by persons engaged or employed in connection with air navigation;
(x) the regulation of the use of the civil air ensign and any other ensign established by the 1[Federal Government] in connection with air navigation;
(y) any matter subsidiary or incidental to matters referred to in this sub-section.
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
[1] Section 6. Power to make orders in times of war or emergency
1) In the event of war or other emergency, or in the interests of public safety or tranquility, if the 2[Federal Government] is of opinion that the issue of all or any of the following orders is expedient, it may, by notification in the official Gazette,—
(a) cancel or suspend, either absolutely or subject to such conditions as it may think fit to specify in the order, all or any of the licences or certificates issued under this Ordinance or the rules;
(b) prohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be specified in the order, the flight of all or any aircraft or class of aircraft over the whole or any part of Pakistan ;
3(c) prohibit, either absolutely or conditionally, or regulate the construction, maintenance or use of any aerodrome or airport, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, or any class or description thereof; and
(d) direct that any aircraft or class of aircraft or any aerodrome or airport, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant, material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered forthwith or within a specified time, for being placed at the disposal of the 2[Federal Government] to such authority and in such manner as it may specify in the order.
(2) Any person who suffers direct injury or loss by reason of any order made under clause (c) of sub-section (1) or by the delivery of any aircraft or class of aircraft in pursuance of clause (d) of that sub-section, shall be paid such compensation as may be determined by such authority as the 2[Federal Government] may appoint in this behalf.
(3) Any person interested in any such aerodrome or airport, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept as is delivered in pursuance of clause
(d) of sub-section (1) shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,—
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement can be reached, the 2[Federal Government] shall appoint as arbitrator a person qualified for appointment as Judge of High Court;
(c) the 2[Federal Government] may, in any particular case, nominate a person having expert knowledge as to the nature of the property acquired, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose;
1for order made under this section see Gaz. of P. 1965, Ext. pp 1117-1118.
2Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
3For notification under this clause, see Gaz. of P.,1961, Ext., p.21.
(d) at the commencement of the proceedings before the arbitrator, the 1[Federal Government] and the person to be compensated shall state what in their respective opinions is a fair amount of compensation;
(e) the arbitrator in making his award shall have regard to—
(i) the provisions mutatis mutandis of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (I of 1894); and
(ii) the permanent or temporary nature of the acquisition;
(f) an appeal shall lie to the High Court against the award of an arbitrator except in cases where the amount thereof does not exceed the amount prescribed in this behalf;
(g) save as provided in this sub-section or the rules, nothing in any law for the time being in force shall apply to arbitrations under this sub-section.
(4) The 1[Federal Government] may authorize such steps to be taken to secure compliance with any order made under sub-section (1) as appear to it to be necessary.
(5) Whoever knowingly disobeys, fails to comply with, or does any act in contravention of an order made under sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both, and the court by which he is convicted may direct that the aircraft or thing, if any, in respect of which the offence has been committed, or any part of such thing, shall be forfeited to the 1[Federal Government].
[2] Section 6A. Powers of the Federal Government to prohibit or regulate construction of buildings, planting of trees, etc
If the Federal Government is of opinion that it is necessary or expedient for the safety or aircraft operations, it may, by notification in the Official Gazette,—
(a) direct that no building or structure shall be constructed or erected, or no tree shall be planted on any land within such radius not exceeding fifteen kilometers from the aerodrome reference point, as may be specified in the notification, and where there is any building, structure or tree on such land, also direct owner or the person having control of such building, structure or tree to demolish such building or structure or, as the case may be, to cut trees within such period as may be specified in the notification; and
(b) direct that no building or structure higher than such height as may specified in the notification shall be constructed or erected, or no tree, which is likely to grow or ordinarily grows higher than such height as may be specified in the notification, shall be planted, on any land within such radius, not exceeding fifteen kilometers from the aerodrome reference point, as may be specified in the notification and where the height or any building or structure or tree on such land is higher than the specified height also direct the owner or the person having control of such building, structure or tree to reduce the height thereof so as not to exceed the specified height, within such period as may be specified in the notification.
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
2Ins. by Ordinance 11 of 2001, s.2.
(2) In specifying the radius under clause (a) or clause (b) of sub-section (1) and in specifying the height of any building structure or tree under the said clause (b), the Federal Government shall have regard to,—
(a) the nature of requirement of the safety of aircraft operations;
(b) the nature of the aircraft operated or likely to be operated in the aerodrome; and
(c) the international standards and recommended practice governing the operations or aircraft.
(3) Where any notification has been issued under sub-section (1) directing the owner or the person having control or any building, structure or tree to demolish such building or structure or to cut such tree or to reduce the height or any building, structure or tree, a copy of the notification containing such direction shall be served with a notice, on the owner or the person having the control of the building, structure or tree, as the case may be,—
(a) by delivering or tendering it to such owner or person; or
(b) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such owner or persons or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain; or failing service by these means; by registered post.
(4) every person shall be bound to comply with any direction contained in the notice and the notification issued under sub-section (1).
Section 6B. Payment of Compensation
If in consequence of nay direction contained in any notification, issued under sub-section (1) of section 6A, any person sustains any loss or damage, such person shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles set out in clauses (a) and (g) of sub-section (3) of section 6.
Section 6C. Arbitrator to have certain powers of civil court
The Arbitrator appointed under sub- section (3) of section 6, while holding arbitration proceedings under this Ordinance, shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office; and
(e) issuing commissions for examination of witnesses.
Section 6D. Penalty for failure to comply with direction issued under section 6A
If any person willfully fails to comply with any direction contained in any notification issued under section 6A, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or with both.
(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or structure or cut any tree or fails to reduce the height or any building, structure or tree in pursuance of any direction contained in any notification issued under sub-section (1) of section 6A, within the period specified in the notification, then it shall be competent for the Manager of the aerodrome, or any officer authorized by the Federal Government in this behalf, with such assistance as many be required, to demolish such building or structure or cut such tree or reduce height or such building structure or tree.
(3) If any officer authorized to take action under sub-section (2) requires police assistance in the exercise of his power thereunder, he may send requisition to the officer-in-charge of a police station who shall, on such requisition, render such assistance.]
7. Power to make rules for investigation of accidents. 1[Repealed]
Section 8. Power to detain aircraft
(1) Any authority authorized in this behalf by the 2[Federal Government] may detain any aircraft, if in the opinion of such authority—
(a) having regard to the nature of an intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other person or property; or
(b) such detention is necessary to secure compliance with any of the provisions of this Ordinance or the rules or to prevent a contravention of any rule made under clause (i), (j) or (k) of sub-section (2) of section 5.
(2) The 2[Federal Government] may, by notification in the official Gazette, make rules regulating all matters incidental or subsidiary to the exercise of the powers conferred by sub-section (1).
Section 9. Power to make rules for protecting public health
The 2[Federal Government] may, by notification in the official Gazette, make rules for the prevention of danger arising to public health by the introduction or spread of any infectious or contagious disease from aircraft arriving or being at any aerodrome or airport and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome or airport, and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or airports or any specified aerodrome or airport, rules providing for any of the matters for which rules under sub- clauses (i) to (viii) of clause (p) of sub-section (1) of section 6 of the Ports Act, 1908 (XV of 1908), may be made with respect to vessels and ports.
1Repealed by the Pakistan Air Safety Investigation Act, 2023 (L of 2023), s.43.
2Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
Section 10. Emergency powers for protection public health
(1) If the 1[Federal Government] is satisfied that Pakistan or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to public health through the introduction or spread of the disease by the agency of aircraft, the 1[Federal Government] may take such measures as it deems necessary to prevent such danger.
(2) In any such case the 1[Federal Government] without prejudice to the powers conferred by section 9, may, by notification in the official Gazette, make such provisional rules with respect to aircraft and persons travelling or goods, mails and other things carried therein, and aerodromes or airports, as it deems necessary in the circumstances.
(3) Notwithstanding anything contained in section 15, the power to make rules under sub- section (2) shall not be subject to the condition of previous publication, but such rules shall not remain in force for more than three months from the date of notification:
Provided that the 1[Federal Government] may, by special order, continue them in force for a further period or periods of not more than three months in all.
Section 11. Penalty for flying so as to cause danger
Where an aircraft is flown in such manner as may cause unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and, unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, the owner thereof, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.__ In this section “owner” in relation to an aircraft includes any person by whom the aircraft is chartered at the time the offence is committed.
Section 12. Wreck and salvage
(1) The provisions of Part VII of the Merchant Shipping Act, 1923 (XXI of 1923), relating to wreck and salvage shall apply to an aircraft in, on or over, the sea or in tidal waters, or on or over the shores of the sea or tidal waters as they apply to ships, and the 1[Federal Government] may, by notification in the official Gazette, make such modifications of the said provisions in their application to aircraft as appear to it to be necessary or expedient.
(2) 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 in tidal waters, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage in cases in which they would have been salvaged had they been rendered in relation to a ship, and where services are rendered by an aircraft to any property or person, salvour shall be entitled to the same reward for those services as he would have been entitled to had the aircraft been a ship.
(3) The provisions of sub-section (2) shall have effect notwithstanding that the aircraft concerned is a foreign aircraft and that the services in question are rendered elsewhere than within the limits of the territorial waters of Pakistan.
Section 13. Use of patent
The provisions of section 42 of the Patents and Designs Act, 1911 (II of 1911), shall apply to the use of an invention on any aircraft not registered in Pakistan in like manner as they apply to the use of an invention in a foreign vessel.
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
14. [Power to apply Customs Procedure.] Rep. by the Customs Act, 1969 (4 of 1969), s.220 and 2nd Sch.
Section 15. Provisions relating to rules
(1) Rules may provide that a breach of any of them shall be punishable with imprisonment for a term not exceeding 1[six months or with fine not exceeding one lakh rupees] or with both.
(2) Save as provided in sub-section (3) of section 10, any power to make rules conferred by this Ordinance is subject to the condition of previous publication, and a period of not less than three weeks shall have elapsed between such publication and the making of the rules. 2[(3) Rules may provide that, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or in any other law for the time being in force, any officer specified therein may try in a summary way in accordance with the provisions in sections 262 to 265 of the Code an offence of any breach of, or failure to comply with, any rule for the safety of aircraft, passengers, goods, mails or other things carried therein or for preventing aircraft from endangering other persons or property, or to compound any such offence for a sum not exceeding 1[one lakh rupees].
(4) An officer trying an offence in accordance with the rules made under sub-section (3) shall, for the purpose of the trial, be deemed to be Magistrate of the first class 1[specially empowered under section 30 of the] Code of Criminal Procedure, 1898 (Act V of 1898), and any sentence passed by such officer shall be deemed to be a sentence passed by such Magistrate.]
[4] Section 15A. Delegation of powers
The 3[Federal Government] may, by notification in the official Gazette, direct that any power conferred upon it by this Ordinance or any rules made thereunder shall, in such circumstances and subject to such conditions, if any, as may be specified in the notification, be exercised by an officer or authority so specified.]
Section 16. Penalty for abetment of offences and attempted offences
Whoever abets the commission of any offence under this Ordinance or the rules, or attempts to commit such offence and in such attempt does any act towards the commission of the offence, shall be liable to the punishment
provided for the offence.
Section 17. Power of court to order forfeiture
Where any person is convicted of an offence for breach of any rule made under clause (l) or clause (r) of sub-section (2) of section 5, the court by which he is convicted may direct that the aircraft or article or substance, as the case may be in respect of which the offence has been committed, shall be forfeited to the 3[Federal Government].
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.3 2Subs-section (3) and (4) added by the Civil Aviation (Amdt.) Act, 1966 (1 of 1966),s.2.
3Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974), s.4, for “Central Government”.
4Ins. by the Civil Aviation (Amdt.) Ordinance, 1971 (34 of 1971),s.2.
Section 18. Bar to certain suits
No suit shall be brought in any civil court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, whether and all the circumstances of the case is reasonable, or by reason only of the ordinary incidents of such flight.
Section 19. Protection of acts done in good faith
No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance or the rules.
20. [Repeal.] Rep.by the Repealing and Amending Ordinance, 1965 (10 of 1965),s.2 and 1st
Sch.
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CONTENTS 1. Short title, extent and application 2. Definitions 3. Power to exempt, etc 4. Power to make rules to implement certain International Conventions 5. Power to make rules generally 6. Power to make orders in times of war or emergency 6A. Powers of the Federal Government to prohibit or regulate construction of buildings, planting of trees, etc 6B. Payment of Compensation 6C. Arbitrator to have certain powers of Civil Court 6D. Penalty for failure to comply with direction issued under section 6A 7. Power to make rules for investigation of accidents [Repealed] 8. Power to detain aircraft 9. Power to make rules for protecting public health 10. Emergency powers for protection public health 11. Penalty for flying so as to cause danger 12. Wreck and salvage 13. Use of patent 14. Powers to apply customs procedure [Repealed] 15. Provisions relating to rules. Page 2 of 13 15A. Delegation of powers 16. Penalty for abetment of offences and attempted offences 17. Power of court to order forfeiture 18. Bar to certain suits 19. Protection of acts done in good faith 20. Repeal [Repealed]
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Page 1 of 13
THE CIVIL AVIATION ORDINANCE, 1960
CONTENTS
1. Short title, extent and application
2. Definitions
3. Power to exempt, etc
4. Power to make rules to implement certain International Conventions
5. Power to make rules generally
6. Power to make orders in times of war or emergency
6A. Powers of the Federal Government to prohibit or regulate construction of buildings,
planting of trees, etc
6B. Payment of Compensation
6C. Arbitrator to have certain powers of Civil Court
6D. Penalty for failure to comply with direction issued under section 6A
7. Power to make rules for investigation of accidents [Repealed]
8. Power to detain aircraft
9. Power to make rules for protecting public health
10. Emergency powers for protection public health
11. Penalty for flying so as to cause danger
12. Wreck and salvage
13. Use of patent
14. Powers to apply customs procedure [Repealed]
15. Provisions relating to rules.
Page 2 of 13
15A. Delegation of powers
16. Penalty for abetment of offences and attempted offences
17. Power of court to order forfeiture
18. Bar to certain suits
19. Protection of acts done in good faith
20. Repeal [Repealed]
Page 3 of 13
THE CIVIL AVIATION ORDINANCE, 1960
1ORDINANCE No. XXXII OF 1960*
[27th July, 1960]
An Ordinance to make better provision for the control of manufacture, possession, use, operation,
sale, import and export of aircraft, the control and regulation of air transport services, and the
control and development of aerodromes in Pakistan.
WHEREAS it is expedient to make better provision for the control of manufacture,
possession, use, operation, sale, import and export of aircr aft, the control and regulati on of air
transport services, and the control and development of aerodromes in Pakistan;
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958,
and in exercise of all powers enabling him in that b ehalf, the President is pleas ed to make and
promulgate the following Ordinance:⎯
1. Short title, extent and application.—(1) This Ordinance may be called the Civil Aviation
Ordinance, 1960.
(2) It extends to t he whole of Pakistan, and applies to all citizens of Pakistan and persons on
any aircraft registered in Pakistan, wherever such citizens or persons may be, and to all persons on
any aircraft while in Pakistan, 2[and to all pers ons carrying on any business relating to or connected
with, the purposes of this Ordinance.] but nothing in this Ordinance or the rules or in any order made
thereunder__
(a) shall apply to or in respect of any aircraft belonging to or exclusively
employed in the naval, military or air force of Pakistan, or persons employed
in connection with any su ch aircraft, unless the 3[Federal Government], by
notification in the official Gazette, applies to any such aircraft or person, with
or without modification, any of the provisions of this Ord inance or the rules;
or
(b) shall apply to or in respect of any lighthouse to which the Lighthouse Act ,
1927 (XVII of 1927), applies, or prejudice or affect any right or power
exercisable by any authority under that Act.
2. Definition s.—In this Ordinance, unless there is anything repugnant in the subject or
context,—
(a) “aerodrome” means any areas of land or water designed, equipped, set apart or
commonly used or intended to be us ed, either wholly or in part, for affording
facilities for the la nding and departure of aircraft, and includes all buildings,
sheds, vessels, piers, and other structures thereon or appertaining thereto;
1This Ordinance has been temporarily amended during the continuance of the Defence of Pakistan Ordinance, 1965 (23 of 1965), see sub-section (7) of
section 7 of the said Ordinance.
*Section 1,9,12 & 12A to 12F of the Civil Aviation Ordinance, 1960 (XXXI of 1960) has been amende d/inserted to the extent of F .A.T.A. by S.R.O.
1312(I)/97, dt.25-11-97.
2Ins. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974), s.2.
3Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974), s.4, for “Central Government”.
Page 4 of 13
(b) “aircraft” means any m achine which can derive support in the atmosphere
from reactions of the air, and includes balloons, whether captive or fr ee,
airships, kites, gliders and flying machines;
(c) “airport” means an aerodrome at which facilities have, in the opinion of the
1[Federal Government], been sufficiently developed to be of importance to
civil aviation;
(d) “air transport service” means a service of aircraft for the purpose of effecting
public transport of passengers, goods, mails and other things;
(e) “commercial flying” means flying for carriage by air of any passenger, mail or
goods for hire or reward and such other flying for the purposes of any trade or
business as may be specified by the 1[Federal Government] and “commercial
flight” shall be construed accordingly;
(f) “export” means taking out of Pakistan;
(g) “import” means bringing into Pakistan;
(h) “landing area” means the part o f the movement area intended for the landing
or take off run of aircraft;
(i) “prescribed” means prescribed by rules;
(j) “purposes of civil aviation” include all purposes connected with air navigation
except purposes of defence by air;
(k) “rules” means the rules made under this Ordinance.
3. Power to exempt, etc. The 1[Federal Government may, by notification in the official
Gazette, either exempt from all or any of the provisions of this Ordinance any aircraft or class of
aircraft, and any person or class of persons, or may direct that all or any of such provisions sha ll
apply to any aircraft or person subject to such modifications or co nditions as may be specified in the
notification.
4. Power to make rules to implement certain International Conventions. The 1[Federal
Government] may, by notification in the official Ga zette, make such rules as appear to it to be
necessary for carrying out the provisions of__
(a) the Convention on International Civil Aviation signed in Chicago on the
seventh day of Decembe r, 1944, and any amendments of the Convention or
annex thereto ma de in accordance with the provisions of Article 94 of the
Convention;
(b) the Convention on International Recognition of Rights in Aircraft signed in
Geneva on the nineteenth day of June, 1948, and any amendment thereto;
(c) the Convention on Damage caus ed by Foreign Aircraft to Third Parties on the
Surface signed in Rome on the seventh day of October, 1952, and any
amendment thereto; and
(d) any other treaty, agreement or convention betwee n Pakistan and any other
country or any decision taken at any int ernational body relating to civil
aviation.
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
Page 5 of 13
5. Power to make rules generally. __ (1) The 1[Federal Government] may, by notification in
the official Gazette, make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such rules
may provide for one or more of the following matters, that is to say,__
(a) the authorities by which any of the powers conferred by or under this
Ordinance are to be exercised;
(b) the regulation of air transport services and commercial flying, and the
prohibition of the use of aircraft in such servi ces and in commercial flights
except under the authority of, and in accordance with, a licence authorizing the
establishment of any such service or flight;
(c) the information to be furnished by an applicant for, or the holder of, a licence
authorizing the establishment of an air transport service to such authorities a s
may be prescribed;
(d) the licensing, inspection and regulation of a erodromes or airports, the
conditions under which aerodromes or airports may be maintained, and the
fees which may be cha rged for the use of, and for services provided at, such
aerodromes or airports, and the prohibition or regulation of the use of
unlicensed aerodromes or airports, and the regulation of conduct of persons at
aerodromes or airports or in the vicinity of aerodromes or airports;
(e) the inspection and control of the manuf acture, repair and maintenance of
aircraft and of places where aircraft are manufactured, repaired or kept;
(f) the registration and marking of aircraft;
(g) the conditions under which aircr aft may be flown, or may carry passengers,
goods, mails and other things, or may be used for industrial purposes, and the
certificates, licences or documents to be carried by aircraft;
(h) the inspection or supervision of aircraft for the purpose of enfo rcing the
provisions of this Ordinance and the rules, and the fac ilities to be provided for
such inspection or supervision;
(i) the conditions subject to which persons may be engaged or employed in, or in
connection with, air navigation;
(j) the licens ing of persons employed in the operation, manufacture, repair or
maintenance of aircraft and at aerodromes or airports;
(k) the conditions under which, and the aerodromes or airports to or from which,
aircraft entering or leaving Pakistan may fly, and th e conditions under which
aircraft may fly over Pakistan or from one place in Pakistan to another;
(l) the prohibition of flight by aircraft over any specified area, either absolutely or
at specified times, or subject to specified conditions and exceptions;
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
Page 6 of 13
(m) the supply, supervision and control of air-route beacons, aerodrome or airport
lights, and lights at or in the neighbourhood of aerodromes or airports and on
or in the neighbourhood of air-routes;
(n) the formulation and observance of uniform standards in respect of obstruction
clearances for areas adjoining the landing area at aerodromes and airports;
(o) the installation and maintenance of lights on pri vate property in the
neighbourhood of aerodromes or airports and on or in the neighbourhood of
air-routes, by the owners or occupiers o f such property, payment by the
1[Federal Government] for such installation and maintenance, and the
supervision and cont rol of such installation and maintenance, including the
right of access to the property for such purpose, and the removal of lights,
radio and electrical equipment and smoke producing apparatus which may
endanger the safety of aircraft in the vicinity of aerodromes or airports;
(p) the regulation and making of signals and communications by or to aircraft, and
by or to persons carried therein;
(q) the measures to be taken for securing the requirements of obstruction
clearances at aerodromes and airports, for the safety, efficiency and regularity
of air navigation and the safety of aircraft, passengers, goods, mails and other
things carr ied therein, and for preventing aircraft from endangering other
persons and property;
(r) the prohibition or regulation of carriage in aircraft of any specified article or
substance;
(s) the issue and maintenance of log-books;
(t) the manner in which an d the conditions subject to which any licence or
certificate may be issued under this Ordinance or the rules, the examina tion
and tests to be undergone in connection therewith, and the f orm, custody,
production, endorsement, cancellation, suspension or sur render of any such
licence or certificate, or of any log-book;
(u) the fees to be charged in connection with any inspect ion, examination, test,
certificate or licence, made, issued, or renewed under this Ordinance or the
rules;
(v) the recognition, for the purposes of this Ordinance, of licences and certificates
issued elsewhere than in Bangladesh relating to aircraft or t o the qualifications
of persons employed in the operation, manufa cture, repair or maintenance of
aircraft;
(w) the supply, for purpose s of air navigation, of meteorological information by
persons engaged or employed in connection with air navigation;
(x) the regulation of the use of the civil air ensign and any other ensign
established by the 1[Federal Government] in connection with air navigation;
(y) any matter subsidiary or incidental to matters referred to in this sub-section.
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
Page 7 of 13
16. Power to make orders in time s of war or emergency.— 1) In the event of war or other
emergency, or in the interests of public safety or tranquility, if the 2[Federal Government] is of
opinion that the issue of all or any of the following orders is expedient, it may, by notification in the
official Gazette,—
(a) cancel or suspend, either absolutely or subject to such conditions as it may
think fit to specify in the order, all or any of the licences or certificates issued
under this Ordinance or the rules;
(b) prohibit, either absolutely or subject to such conditions as it may think fit to
specify in the order, or regulate in such manner as may be specified in the
order, the flight of a ll or any aircraft or class of aircraft over the whole or any
part of Pakistan ;
3(c) prohibit, either absolutely or conditionally, or regulate the construction,
maintenance or use of any aerodrome or airport, aircraft factory, flying -school
or club, or place where aircraft are manufactured, repaired or kept, or any class
or description thereof; and
(d) direct that any aircraft or class of aircraft or any aerodrome or airport, aircraft
factory, flying -school or club, or place where aircraft are manufacture d,
repaired or kept, together with any machinery, plant, material or things used
for the operation, manufacture, repair or maintenance of aircraft shall be
delivered forthwith or within a specified time, for being placed at the disposal
of the 2[Federal Government] to such authority and in such manner as it may
specify in the order.
(2) Any person who suffers direct injury or loss by reas on of any order made under clause (c)
of sub-section (1) or by the delivery of any aircraft or class of aircraft in pursu ance of clause (d) of
that sub -section, shall be paid such compen sation as may be determined by such authority as the
2[Federal Government] may appoint in this behalf.
(3) Any person interested in any such aerodrome or airport, aircraft factory, flying -school or
club, or place where aircraft are manufactured, repaired or kept as is delivered in pursuance of clause
(d) of sub -section (1) s hall be paid compensation the amount of which shall be determined in the
manner and in accordance with the principles hereinafter set out, that is to say,—
(a) where the amount of compe nsation can be fixed by agreement, it shall be paid
in accordance with such agreement;
(b) where no such agreement can be reached, the 2[Federal Government] shall
appoint as arbitrator a per son qualified for appointment as Judge of High
Court;
(c) the 2[Federal Government] may, in any particular case, nominate a person
having expert knowledge as to the nature of the property acquired, to assist the
arbitrator, and where such nomination is ma de, the person to be compensated
may also nominate an assessor for the said purpose;
1for order made under this section see Gaz. of P. 1965, Ext. pp 1117-1118.
2Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
3For notification under this clause, see Gaz. of P.,1961, Ext., p.21.
Page 8 of 13
(d) at the commencement of the proceedings before the arbitrator , the 1[Federal
Government] and the person to be compensated shall state what in their
respective opinions is a fair amount of compensation;
(e) the arbitrator in making his award shall have regard to—
(i) the provisions mutatis mutandis of sub-section (1) of section 23 of the
Land Acquisition Act, 1894 (I of 1894); and
(ii) the permanent or temporary nature of the acquisition;
(f) an appeal shall lie to the High Court against the awa rd of an arbitrator except
in cases where the amount thereof does not exceed the amount prescribed in
this behalf;
(g) save as provided in this sub -section or the rules, nothing in any law f or the
time being in force shall apply to arbitrations under this sub-section.
(4) The 1[Federal Government] may authorize such steps t o be taken to secure compliance
with any order made under sub-section (1) as appear to it to be necessary.
(5) Whoever knowingly disobeys, fails to comply with, or does any act in contra vention of an
order made under sub -section (1) shall be punishable wit h imprisonment for a term which may
extend to three years, or with fine which may extend to five thousand rupees, or with both, and the
court by which he is convicted may direct that the aircraft or thing, if any, in respect of which the
offence has been c ommitted, or any part of such thing, shall be forfeited to the 1[Federal
Government].
2[6A. Powers of the Federal Governm ent to prohibit or regulate construction of
buildings, planting o f trees, etc .__ If the Federal Government is of opinion that it is nec essary or
expedient for the safety or aircraft operations, it may, by notification in the Official Gazette,—
(a) direct that no building or structure shall be constructed or erected, or no tree
shall be planted on any land within such radius not exceeding fifteen
kilometers from the aerodrome reference point, as may be specified in the
notification, and where there is any bu ilding, structure or tree on such land,
also direct owner or the person having control of such building, structure or
tree to demolish such building or structure or, as the case may be, to cut trees
within such period as may be specified in the notification; and
(b) direct that no building or structure higher than such height as may specified in
the notification shall be constructed or er ected, or no tree, which is likely to
grow or ordinarily grows higher than such height as may be specified in the
notification, shall be planted, on any land within such radius, not exce eding
fifteen kilometers from the aerodrome reference point, as may be specified in
the notification and where the height or any building or structure or tree on
such land is higher than the specified height also direct the owner or the
person having contr ol of such building, structure or tree to reduce the height
thereof so as not to exceed the specified height, within such period as may be
specified in the notification.
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
2Ins. by Ordinance 11 of 2001, s.2.
Page 9 of 13
(2) In specifying the radius under clause (a) or clause (b) of sub -section (1) and in specifying
the height of any building structure or tree under t he said clause (b), the Federal Government shall
have regard to,—
(a) the nature of requirement of the safety of aircraft operations;
(b) the nature of the aircraft operated or likely to be operated in the aerodrome;
and
(c) the international standards and recommended practice governing the
operations or aircraft.
(3) Where any notification has been issued under sub -section (1) directi ng the owner or the
person having control or any building, structure or tree to demolish such building or structure or to
cut such tree or to reduce the height or any building, structure or tree, a copy of the notification
containing such direction shall be served with a notice, on the owner or the person having the control
of the building, structure or tree, as the case may be,—
(a) by delivering or tendering it to such owner or person; or
(b) if it cannot be so delivered or tendered, by delivering or tend ering it to any
officer of such owner or persons or any adult male member of the family of
such owner or person or by aff ixing a copy thereof on the outer door or on
some conspicuous par t of the premises in which such owner or person is
known to have last resided or carried on business or personally worked for
gain; or failing service by these means; by registered post.
(4) every person shall be bound to comply with any direction containe d in the notice and the
notification issued under sub-section (1).
6B. Payment of Compensation. __ If in consequence of nay direction contained in any
notification, issued under sub-section (1) of section 6A, any person sustains any loss or damage, such
person shall be paid compensation the amount of which shall be determined in the manner and in
accordance with the principles set out in clauses (a) and (g) of sub-section (3) of section 6.
6C. Arbitrator to have certain powers of civil court. __ The Arbitrator appointed under sub-
section (3) of section 6, while holding arbitration proceedings under this Ordinance, shall have all the
powers of a civil court, while trying a suit under the Code of C ivil Procedure, 1908 (Act V of 1908),
in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office; and
(e) issuing commissions for examination of witnesses.
Page 10 of 13
6D. Penalty for failure to comply with direction issued under section 6A .—If any person
willfully fails to comply with any direction contained in any notification issued under s ection 6A, he
shall be punishable with imprisonment for a term which may extend to six months or with fine which
may extend to one lakh rupees, or with both.
(2) Without prejudice to the pr ovisions of sub -section (1), if any person fails to demolish
any building or structure or cut any tree or fails to reduce the height o r any building, structure or tree
in pursuance of any direction contained in any notification issued under sub -section (1) of section
6A, within the period specified in the notification, then it shall be competent for the Manager of the
aerodrome, or any o fficer authorized by the Federal Government in this behalf, with such assistance
as many be required, to demolish such bu ilding or structure or cut such tree or reduce height or such
building structure or tree.
(3) If any officer authorized to take action under sub-section (2) requires police assistance in
the exercise of his power thereunder, he may send requisition to the officer-in-charge of a police
station who shall, on such requisition, render such assistance.]
7. Power to make rules for investigation of accidents. 1[Repealed]
8. Power to detain aircraft .— (1) Any authority authorized in this behalf by the 2[Federal
Government] may detain any aircraft, if in the opinion of such authority—
(a) having regard to the nature of an intended flight, the fl ight of such aircraft
would involve danger to persons in the aircraft or to any other person or
property; or
(b) such detention is necessary to secure compliance with an y of the provisions of
this Ordinance or the rules or to prevent a contravention of a ny rule made
under clause (i), (j) or (k) of sub-section (2) of section 5.
(2) The 2[Federal Government] may, by notification in the official Gazette, make rules
regulating all matters incidental or subsidiary to the exercise of the powers conferred by su b-section
(1).
9. Power to make rules for protecting public health. The 2[Federal Government] may, by
notification in the official Gazette, make rules for the prevention of danger arising to public health by
the introduction or spread of any infectious or contagious disease from aircraft arriving or being at
any aerodrome or airport and for the prevention of the conveyance of infection or contagion by
means of any aircraft leaving an aerodrome or airport, and in particular and without prejudice to the
generality of this provision may make, with respect to aircraft and aerodromes or airports or any
specified aerodrome or airport, rules providing for any of the matters for whi ch rules under sub -
clauses (i) to (viii) of clause (p) of sub -section (1) of sectio n 6 of the Ports Act, 1908 (XV of 1908),
may be made with respect to vessels and ports.
1Repealed by the Pakistan Air Safety Investigation Act, 2023 (L of 2023), s.43.
2Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
Page 11 of 13
10. Emergency powers for protection public health .__ (1) If the 1[Federal Government] is
satisfied that Pakistan or any part thereof is visited by, or threatened with, an o utbreak of any
dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force
are insufficient for the prevention of danger arising t o publ ic health through the introduction or
spread of the disease by the agency of aircraft, the 1[Federal Government] may take such measures as
it deems necessary to prevent such danger.
(2) In any such case the 1[Federal Government] without prejudice to the powers conferred by
section 9, may, by notification in the official Gaze tte, make such provisional rules with respect to
aircraft and persons travelling or goods, mails and other things carried therein, and aerodromes or
airports, as it deems necessary in the circumstances.
(3) Notwithstanding anything contained in section 15 , the power to make rules under sub -
section (2) shall not be subject to the condition of previous publication, but such rules shall not
remain in force for more than three months from the date of notification:
Provided that the 1[Federal Government] may, by special order, continue them in force for a
further period or periods of not more than three months in all.
11. Penalty for flying so as to cause danger. Where an aircraft is flown in such manner as
may cause unnecessary danger to any person or prope rty on land or water, the pilot or the person in
charge of the aircraft, and, unless he proves to the satisfaction of the court that the aircraft was so
flown without his actual fault or privity, the owner thereof, shall be punishable with imprisonment
for a term which may extend to six months, or with fine which may extend to one thousand rupees,
or with both.
Explanation.__ In this section “owner” in relation to an aircr aft includes any person by whom
the aircraft is chartered at the time the offence is committed.
12. Wreck and salvage.—(1) The provisions of Part VII of the Merchant Shipping Act, 1923
(XXI of 1923), relating to wreck and salvage shall apply to an aircraft in, on or over, the sea or in
tidal waters, or on or over the shores of the sea or ti dal waters as they apply to ships, and the
1[Federal Government] may, by notificat ion in the official Gazette, make such modifications of the
said provisions in their application to aircraft as appear to it to be necessary or expedient.
(2) 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 in tidal waters, or on or over the sh ores of the sea or any tidal
water, shall be deemed to be salvage in cases in which th ey would have been salvaged had they been
rendered in relation to a ship, and wher e services are rendered by an aircraft to any property or
person, salvour shall be entitled to the same reward for those services as he would have been entitled
to had the aircraft been a ship.
(3) The provisions of sub -section (2) shall have effect notwithstanding that the aircraft
concerned is a foreign aircraft and that the s ervices in question are rendered elsewhere than within
the limits of the territorial waters of Pakistan.
13. Use of patent. The provisions of section 42 of the Patents and Designs Act, 1911 (II of
1911), shall apply to the use of an invention on any aircraft not r egistered in Pakistan in like manner
as they apply to the use of an invention in a foreign vessel.
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.4, for “Central Government”.
Page 12 of 13
14. [Power to apply Customs Procedure.] Rep. by the Customs Act, 1969 (4 of 1969), s.220
and 2nd Sch.
15. Provisions relating to rules. —(1) Rules may provide t hat a breach of any of them shall
be punishable with imprisonment for a term not excee ding 1[six months or with fine not exceeding
one lakh rupees] or with both.
(2) Save as provided in sub -section (3) of section 10, any power to make rules co nferred by
this Ordinance is subject to the condition of previous publication, and a p eriod of not less than three
weeks shall have elapsed between such publication and the making of the rules.
2[(3) Rules may provide that, notwithstanding anything contain ed in the Code of Criminal
Procedure, 1898 (Act V of 1898), or in any other law for the time being in force, any officer
specified therein may try in a summary way in accordance wit h the provisions in sections 262 to 265
of the Code an offence of any breach of, or fa ilure to comply with, any rule for the safety of aircraft,
passengers, goods, mails or other things carried therein or for preventing aircraft from endangering
other pers ons or property, or to compound any such offence for a sum not exceeding 1[one lakh
rupees].
(4) An officer trying an offence in accordance with the rules made under sub -section (3)
shall, for the purpose of the trial, be deemed to be Magistrate of the fi rst class 1[specially empowered
under section 30 of the] Code of Criminal Procedure , 1898 (Act V of 1898), and any sentence
passed by such officer shall be deemed to be a sentence passed by such Magistrate.]
4[15A. Delegation of powers. The 3[Federal Government] may, by notification in the official
Gazette, direct that any power conferred upon it by this Or dinance or a ny rules made thereunder
shall, in such circumstances and subject to such conditions, if any, as may be specified in the
notification, be exercised by an officer or authority so specified.]
16. Penalty for abetment of offences and attempted of fences. Whoever abets the
commission of any offence under this Ordinance or the rules, or attempts to commit such offence and
in such attempt does any act towards the commission of the offence, shall be liable to the punishment
provided for the offence.
17. Power of c ourt to order forfeiture. Where any person is convicted of an offence for
breach of any rule made under clause (l) or clause (r) of sub -section (2) o f section 5, the court by
which he is convicted may direct that the aircraft or article or sub stance, as th e case may be in
respect of which the offence has been committed, shall be forfeited to the 3[Federal Government].
1Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974),s.3
2Subs-section (3) and (4) added by the Civil Aviation (Amdt.) Act, 1966 (1 of 1966),s.2.
3Subs. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974), s.4, for “Central Government”.
4Ins. by the Civil Aviation (Amdt.) Ordinance, 1971 (34 of 1971),s.2.
Page 13 of 13
18. Bar to certain suits. No suit shall be brought in any civil court in respect of trespass or in
respect of nuisance by reason only of the flight of aircraft over any property at a height above the
ground which having rega rd to wind, whether and all the circumstances of t he case is reasonable, or
by reason only of the ordinary incidents of such flight.
19. Protection of acts done in good fa ith. No suit, prosecution or other legal proceeding
shall lie against any person for anything in good faith done or intended to be don e under this
Ordinance or the rules.
20. [Repeal.] Rep.by the Repealing and Amending Ordinance, 1965 (10 of 1965),s.2 a nd 1st
Sch.
_________________
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Instruments cited by this law 5
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Section 6A
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anting of trees, etc 6B. Payment of Compensation 6C. Arbitrator to have certain powers of Civil Court 6D. Penalty for failure to comply with direction issued under section 6A 7. Power to make rules for investigation of accidents [Repealed] 8. Power to detain aircraft 9. Power to make rules for protecting public health 10. Emergency powers for protection public health 11. Penalty for flying s
Section 1
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has been temporarily amended during the continuance of the Defence of Pakistan Ordinance, 1965 (23 of 1965), see sub-section (7) of section 7 of the said Ordinance. *Section 1,9,12 & 12A to 12F of the Civil Aviation Ordinance, 1960 (XXXI of 1960) has been amende d/inserted to the extent of F .A.T.A. by S.R.O. 1312(I)/97, dt.25-11-97. 2Ins. by the Civil Aviation (Amdt.) Act, 1974 (46 of 1974), s.2.
Section 6A
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ation issued under sub-section (1). 6B. Payment of Compensation. __ If in consequence of nay direction contained in any notification, issued under sub-section (1) of section 6A, any person sustains any loss or damage, such person shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles set out in clauses (a) and (g) of sub-section (3) of
Section 6
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be paid compensation the amount of which shall be determined in the manner and in accordance with the principles set out in clauses (a) and (g) of sub-section (3) of section 6. 6C. Arbitrator to have certain powers of civil court. __ The Arbitrator appointed under sub- section (3) of section 6, while holding arbitration proceedings under this Ordinance, shall have all the powers of a civil court,
Section 6
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ut in clauses (a) and (g) of sub-section (3) of section 6. 6C. Arbitrator to have certain powers of civil court. __ The Arbitrator appointed under sub- section (3) of section 6, while holding arbitration proceedings under this Ordinance, shall have all the powers of a civil court, while trying a suit under the Code of C ivil Procedure, 1908 (Act V of 1908), in respect of the following matters, namel
Section 6A
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rt or office; and (e) issuing commissions for examination of witnesses. Page 10 of 13 6D. Penalty for failure to comply with direction issued under section 6A .—If any person willfully fails to comply with any direction contained in any notification issued under s ection 6A, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may
Section 6A
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any tree or fails to reduce the height o r any building, structure or tree in pursuance of any direction contained in any notification issued under sub -section (1) of section 6A, within the period specified in the notification, then it shall be competent for the Manager of the aerodrome, or any o fficer authorized by the Federal Government in this behalf, with such assistance as many be required, to
Section 5
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pliance with an y of the provisions of this Ordinance or the rules or to prevent a contravention of a ny rule made under clause (i), (j) or (k) of sub-section (2) of section 5. (2) The 2[Federal Government] may, by notification in the official Gazette, make rules regulating all matters incidental or subsidiary to the exercise of the powers conferred by su b-section (1). 9. Power to make rule
Section 9
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e such measures as it deems necessary to prevent such danger. (2) In any such case the 1[Federal Government] without prejudice to the powers conferred by section 9, may, by notification in the official Gaze tte, make such provisional rules with respect to aircraft and persons travelling or goods, mails and other things carried therein, and aerodromes or airports, as it deems necessary i
Section 15
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r goods, mails and other things carried therein, and aerodromes or airports, as it deems necessary in the circumstances. (3) Notwithstanding anything contained in section 15 , the power to make rules under sub - section (2) shall not be subject to the condition of previous publication, but such rules shall not remain in force for more than three months from the date of notification: Provided
Section 10
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risonment for a term not excee ding 1[six months or with fine not exceeding one lakh rupees] or with both. (2) Save as provided in sub -section (3) of section 10, any power to make rules co nferred by this Ordinance is subject to the condition of previous publication, and a p eriod of not less than three weeks shall have elapsed between such publication and the making of the rules.
Section 5
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7. Power of c ourt to order forfeiture. Where any person is convicted of an offence for breach of any rule made under clause (l) or clause (r) of sub -section (2) o f section 5, the court by which he is convicted may direct that the aircraft or article or sub stance, as th e case may be in respect of which the offence has been committed, shall be forfeited to the 3[Federal Government].
Provisions explicitly cited in other instruments 2
Section 23 of Land Acquisition Act, 1894
Cited by Civil Aviation Ordinance, 1960
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- Land Acquisition Act, 1894 · Federal
- LAND ACQUISITION ACT, 1894 · Punjab
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e opinions is a fair amount of compensation; (e) the arbitrator in making his award shall have regard to— (i) the provisions mutatis mutandis of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (I of 1894); and (ii) the permanent or temporary nature of the acquisition; (f) an appeal shall lie to the High Court against the awa rd of an arbitrator except in cases where the amount thereof does not exceed the amount
Section 42 of Patents and Designs Act, 1911
Cited by Civil Aviation Ordinance, 1960
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ft and that the s ervices in question are rendered elsewhere than within the limits of the territorial waters of Pakistan. 13. Use of patent. The provisions of section 42 of the Patents and Designs Act, 1911 (II of 1911), shall apply to the use of an invention on any aircraft not r egistered in Pakistan in like manner as they apply to the use of an invention in a foreign vessel. 1Subs. by the Civil Aviation (Amdt.) Act, 1974 (4
Other laws referring to provisions of this instrument 3
Section 12 of Civil Aviation Ordinance, 1960
Cited by Admiralty Jurisdiction of High Courts Ordinance, 1980
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services rendered on the high sea or within territorial waters or internal waters or in a port, including any claim arising by virtue of the application by or under section 12 of the Civil Aviation Ordinance, 1960, (XXXII of 1960), of the law relating to salvage to aircraft and their apparel and cargo; (j) any claim in the nature of towage in respect of a ship or an aircraft, whether services were rendered on the high sea or with
Target heading · Civil Aviation Ordinance, 1960
12. Wreck and salvage.—
Section 2 of Civil Aviation Ordinance, 1960
Cited by Financial Institutions (Secured Transactions) Act, 2016
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of determining priority of such security interests as set forth in Part V of this Act; (d) a security interest in any aircraft as defined in subclause (b) of section 2 of the Civil Aviation Ordinance, 1960 (XXXII of 1960); and (e) a security interest in any vessel as defined in subsection (56) of section 2 of the Merchant Shipping Ordinance, 2001 (LII of 2001). ___________ PART II CREATION OF SECURITY INTER
Target heading · Civil Aviation Ordinance, 1960
2. Definition s.—
Section 7 of Civil Aviation Ordinance, 1960
Cited by Pakistan Air Safety Investigation Act, 2023
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Act, as may appear to it to be necessary for the purpose of removing the difficulty. 43. Repeal and savings.—(1) On the commencement of this Act, section 7 of the Civil Aviation Ordinance, 1960 (Ordinance XXXII of 1960) and the rules made thereunder in relation to the subject matter of this Act shall stand repealed. (2) Notwithstanding such repeal — (a) anything done or any action taken or purported
Cited instruments not matched in this library 5
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- 1eb7450e2455f800c35fdf5340bafd8d6145525eadaa82dc1c88cafa0ee49730
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- 22fb1083ef71b4841675f11f2aad499d461dbd3dc30c8e7f2123b3a2e8965ae3
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- Civil Aviation Ordinance, 1960
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- 1eb7450e2455f800c35fdf5340bafd8d6145525eadaa82dc1c88cafa0ee49730