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  "title": "AirCraft (Removal of Danger to Safety) Ordinance, 1965",
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  "text": "Page 1 of 3 \r\n \r\n \r\n \r\n \r\nTHE AIRCRAFT (REMOVAL OF DANGER TO SAFETY) \r\nORDINANCE, 1965  \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           CONTENTS \r\n              ________ \r\n \r\nSECTIONS: \r\n1. Short title, extent and commencement. \r\n 2.  Definitions. \r\n3.  Measures to avoid attraction of birds.  \r\n4.  Non-compliance with order under section 3.  \r\n5.  Restriction on construction or extension of tannery, etc.  \r\n6.  Power of entry in premises, etc.  \r\n7.  Penalty.  \r\n8.  Powers to try an offence. \r\n9.  Indemnity.  \r\n10.  Power to make rules. \r\n \r\nUpdated till 03.01.2023\r\n \r\nPage 2 of 3 \r\n \r\nTHE AIRCRAFT (REMOVAL OF DANGER TO SAFETY) ORDINANCE, \r\n1965. \r\n1ORDINANCE NO. XII OF 1965 \r\n \r\nAn Ordinance to make provision for the removal of danger to the safety of aircraft. \r\n \r\nWHEREAS it is expedient to make provision for the removal of danger to the safety of \r\naircraft caused by the location of bird attracting sites around certain airfields ; \r\n AND WHEREAS the National Assembly is not in session and the President is satisfied that \r\ncircumstances exist which render immediate legislation necessary ; \r\nNOW, THEREFORE in exercise of the powers conferred by clause (1) of Article 29 of the \r\nConstitution, and of all other powers enabling him in that behalf, the President is pleased to make \r\nand promulgate the following Ordinance : ⎯ \r\n1. Short title, extent and commencement. ⎯ (1) This Ordinance may be called the Aircraft \r\n(Removal of Danger to Safety) Ordinance, 1965. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definitions. ⎯ In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,⎯ \r\n2[(a)  “airfield” means all airports, aerodromes or runways of Civil Aviation \r\nAuthority, Pakistan Army, Pakistan Navy, Pakistan Air Force and including \r\nlanding areas approved by the Director-General, Civil Aviation Authority ;] \r\n(b) “specified area” means the area lying within a radius of 2[seven nautical miles \r\n(13 kilometers) from the landing or take off ends of the runway and five \r\nnautical miles (9.25 kilometers) from both the shoulders of the entire length of \r\nthe runway] from either end of a runway of an airfield. \r\n3. Measures to avoid attraction of birds. ⎯ (1) The 3[Federal Government] may by order \r\nrequire the owner or the person in possession or having the management or control of any tannery, \r\nslaughter-house, cattle-yard, fish-drying area, refuse-dump or other place within a specified area \r\nwhich attracts birds to take within such period as may be specified in the order such measures for \r\navoiding attraction of birds which may endanger the safety of aircraft as may be so specified \r\n4[including closure of the source of such danger]. \r\n \r\n1 Approved by the National Assembly of Pakistan on the 16th July, 1965, see Gaz. of P., 1965, Ext., pp. 567-569. \r\n2 Subs. by Ord. X of 2001, s. 2. \r\n3 Subs. by F.A.O, 1975, Art. 2 and Table, for “Central Government”. \r\n4 Added by Ord. X of 2001, s. 3. \r\n \r\nPage 3 of 3 \r\n \r\n(2) Any person affected by an order under sub-section (1) may, within thirty days following \r\nthe order, make an application to the 1[Federal Government] for a review of the order on the ground \r\nthat the measures directed to be taken are not necessary or that alternative measures described in the \r\napplication would be equally effective for avoiding attraction of birds. \r\n \r\n(3) The 1[Federal Government] may, after considering the application made under sub-section \r\n(2) and giving the applicant an opportunity of being heard, modify, cancel or confirm the order made \r\nunder sub-section (1). \r\n \r\n4. Non-compliance with order under section 3.  Where an order made under sub-section (1) \r\nof section 3 is not complied with, the 1[Federal Government] may, by notification in the official \r\nGazette, prohibit the use of, or the carrying on of any trade or occupation in, the tannery, slaughter-\r\nhouse, cattle-yard, fish-drying area, refuse-dump or other place with respect to which the order was \r\nmade. \r\n \r\n5. Restriction on construction or extension of tannery, etc.  Within a specified area, no \r\ntannery, slaughter-house or cattle-yard shall be constructed, established or extended and no place \r\nshall be used for fish-drying or as a refuse-dump or for carrying on any trade or occupation which \r\nattracts birds except with the prior permission in writing of the 1[Federal Government] and in \r\naccordance with the terms and conditions, if any, on which the permission is granted. \r\n \r\n6. Power of entry in premises, etc.  Any person authorised in this behalf by the 1[Federal \r\nGovernment] may at any time between sunrise and sunset enter and inspect any tannery, slaughter-\r\nhouse, cattle-yard or fish drying area or any premises or land used as a refuse-dump or for carrying \r\non any trade or occupation which may attract birds, for the purpose of ascertaining the extent of \r\ndanger to the safety of aircraft caused by the attraction of birds and seeing whether the provisions of \r\nthis Ordinance and any order or notification made or issued thereunder have been complied with. \r\n \r\n7. Penalty.  Whoever fails to comply with or contravenes any of the provisions of this \r\nOrdinance or any order, direction or notification issued or made thereunder, or wilfully obstructs any \r\nperson in doing any of the acts authorised by this Ordinance shall be punishable with imprisonment \r\nfor a term which may extend to six months, or with fine which may extend to 2[ten thousand] rupees, \r\nor with both, and in the case of a continuing offence, with an additional fine which may extend to \r\n2[five hundred] rupees for every day after the first during which the offence continues. \r\n \r\n8. Powers to try an offence.   No court inferior to that of a Magistrate of the first class shall \r\ntry an offence punishable under this Ordinance. \r\n \r\n9. Indemnity.  ⎯(1) No order made, notification issued or proceeding tak en under this \r\nOrdinance shall be called in question in any court. \r\n(2) No suit, prosecution or other legal proceeding shall lie against any person for anything \r\nwhich is in good faith done or intended to be done under this Ordinance. \r\n \r\n10. Power to make rules .  The 1[Federal Government] may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Ordinance. \r\n \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2Subs. by Ord. X of 2001, s. 4.",
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