Pakistan Air Safety Investigation Act, 2023

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THE PAKISTAN AIR SAFETY INVESTIGATION ACT, 2023 
              
 
 
 
 
CONTENTS 
1.  Short title, extent, application and commencement 
2.  Definitions 
3.  Bureau of Aircraft Safety Investigations 
4.  The Director, his duties, powers and functions 
5.  Powers   of   the   investigators 
6.  Notification of accident or incident 
7. Preliminary inquiry 
8.  Institution and public notice of an investigation 
9.  Objective of investigations by the Bureau 
10. Investigations by the Bureau to take precedence 
11.  Duty to avoid conflict of interest 
12. Participation in the investigation by other interested States 
13. Protection of the aircraft and other evidence 
14. Release of the aircraft and other evidence when no longer required 
15. Investigation report and their publication. 
16. Immediate notification of findings requiring urgent action 
17. Duty to respond to findings of investigation 
18.  Obligation not to disclose certain records 
 
 

 
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19.  Reopening   of   an   investigation 
20.  Incident reporting systems 
21.  Obstructing   or   impeding   proceedings 
22.  Withholding, altering or giving false information or evidence 
23.  Failure to comply with summons or requisition 
24.  Failure   to   report a accident or incident 
25.  Failure to preserve evidence 
26. Unauthorized disclosure of information 
27.  Offences by bodies corporate 
28.  Cognizance of offences 
29.  Offences to be bailable 
30.  Summary trial for certain offences 
31.  Compounding of offences 
32.  Transfer of services of existing employees 
33.  Transfer of certain properties and assets 
34.  Air Safety Fund 
35.  Periodical and annual reports 
36.  Federal Investigation Agency and local police to assist 
37.  Indemnity 
38.  Power of Federal Government to make rules 
39.  Standing Orders 
40.  Act to override other laws 
41. Exclusion of the jurisdiction of courts 
42.  Removal of difficulties 
43.  Repeal and savings 
 
 
  
 
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THE PAKISTAN AIR SAFETY INVESTIGATION ACT, 2023 
 
ACT NO. L OF 2023 
[7th August, 2023] 
 
AN 
 
ACT 
 
to provide for better investigation of accidents and other incidents arising out of navigation of 
aircrafts 
 
WHEREAS it is expedient to provide for better investigation of accidents and  other  incidents  
arising  out  of  navigation  of  aircrafts  and  for  matters connected therewith and ancillary thereto; 
 
 It is hereby enacted as follows:— 
 
 1. Short title, extent, application and commencement .—(1) This Act shall be called the 
Pakistan Air Safety Investigation Act, 2023. 
 
 (2) It shall extend to the whole of Pakistan and also apply to— 
 
(a) a citizen of Pakistan wherever he may be; 
 
(b) an aircraft registered in Pakistan wherever it may be; 
 
(c) an aircraft registered outside Pakistan but for the time being in or over Pakistan; 
 
(d)     a person on an aircraft mentioned at clauses (b) and (c); and 
 
 (e) an aircraft operated by a person who is not a citizen of Pakistan but has his 
 principal place of business or residence in Pakistan. 
 
 (3) Nothing in this Act shall apply to an aircraft or persons on board an aircraft that is used for 
a military purpose unless the Federal Government, by an order, directs that all or any provisions of 
this Act shall apply to such aircraft and persons generally or in a particular case. 
 
 (4) It shall come into force at once. 
 
 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 
 
(a)     “accident” means an occurrence associated with the operation of an a ircraft 
which in the case of a manned aircraft, takes place between the time any person 
boards the aircraft with the intention of flight un til such time as all such 
persons have disembarked; and in the case of an unmanned aircraft, takes place 
between the time the aircraft is ready to move with the purpose of flight until 
such time as  it  comes  to  rest  at  the  end  of  the  flight  and  the  primary 
propulsion system is shutdown, that leads to― 
 
 
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(i)     fatal or serious injury to a person as a result of his being in the aircraft,  
or  direct  contact  with  any  part  of  the  aircraft, including parts which 
have become detached from it, or direct expo sure to jet blast, e xcept 
when the injuries are from natural causes, self-inflicted or inflicted by 
other persons, or when the injuries are to stowaways hiding outside the 
areas normally available to the passengers and crew; 
 
(ii)    damage to the aircraft or structural failure which adversely affects the 
structural strength, performance or flight characteristics of the aircraft, 
and would normally require major repair or replacement of the affected 
component, except for failure of engine or damage, when the damage is 
limited to a single engine, (including its cowlings or accessories), to 
propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, 
fairings, panels, landing gear doors, windscreens, the aircraft skin (such 
as small dents or puncture holes), or for minor damages to main rotor 
blades, tail rotor blades, landing gear, and those resulting from hail or 
bird strike (including holes in the radome); or 
 
(iii)   the aircraft going missing or is completely inaccessible; 
 
(b)     “accredited representative” means a person designated by a State, on the basis 
of his or her qualifications, for the purpose of participating in an investigation 
conducted by ano ther State and where the State has established an  accident 
invekigation authority, the de signated ac credited representative, would 
normally be from that authority; 
 
(c)     “Act” means the Pakistan Air Safety Investigations Act, 2023; 
 
(d)     “advisor” means a person appointed by a State, on the basis of his or  her 
qualifications, for the purpose of assisting  its accredited representative in an 
investigation; 
 
(e)     “aircraft”  means  a  machine  that  can  derive  support  in  the atmosphere 
from the reactions of the air other than the reactions of the air against the surface 
of the earth; 
 
(f)    “Authority”   means   the   Pakistan   Civil   Aviation   Authority established 
under the Pakistan Civil Aviation Ordinance, 1982 (Ordinance XXX of 1982); 
 
(g)     “Aviation undertaking” means an  entity,  person or organization that is 
affected or benefitted by the carrying out of any function or duty or exercise of 
any power by the Bureau; 
 
(h)   “Bureau” means the Bureau of Aircraft Accident investigation established under 
section 3; 
 
(i)     “Convention”   means   the   Convention   of   International   Civil Aviation 
done at Chicago on seventh day of December, 1944 and any  other  international  
convention  or  treaty  on  air  safety  and aircraft accidents to which Pakistan is 
a signatory;
 
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(j)     “Director” means the Director of the Bureau; 
 
  (k)    “Federal Investigation Agency” means the Federal Investigation 
   Agency established under the Federal Investigation Agency Act, 
   1974 (Act VIII of 1974); 
 
(l)    “incident” means an  occurrence, o ther than an ac cident, associated with the 
operation of an aircraft which affects or could affect the safety of operation; 
 
(m)   “information” includes a recording, material or document; 
 
(n)     “investigation”  means  an  investigation  under  this  Act  for  the purpose of 
prevention of a ircraft ac cidents, s erious incidents and incidents and includes 
measures to preserve, gather and analyse evidence and information, drawing  
of conclusion, including the determination of causes and contributing factors 
and, where appropriate, the making of safety recommendation; 
 
(o)     “investigator”  means  an  employee  of  the  Bureau  or  any  other person 
having reasonable familiarity, experience and sk ills in air safety and accident 
investigations; 
 
(p)     “Minister” means the Minister for Aviation; 
 
(q)     “operator” means a person, organization or enterprise engaged in or offering to 
engage in operation of an aircraft; 
 
(r)     “rules” mean rules made under this Act; 
 
(s)     “Secretary” means the Secretary to the Federal Government, Aviation Division; 
 
(t)    “serious incident” means an incident involving circumstances indicating that 
there was a high probability of an accident and associated with the operation of 
an aircraft which in the case of a manned aircraft, takes place between the time 
any person boards the aircraft with the intention of flight until such time as all 
such persons have disembarked, or in the case of an unmanned aircraft, takes 
place between the time the aircraft is ready to move with the purpose of flight 
until such time as it comes to rest at the end of the flight and the primary 
propulsion system is shut down; and 
 
(u)     “State” means a State signatory to the Convention other than Pakistan.
 
 3. Bureau of Aircraft Safety Investigations.—(1) As soon as may be, but not later than six 
months of the coming into force of this Act, the Federal Government shall, by notification in the 
official Gazette, establish the Bureau of Aircraft Safety Investigations with its headquarters at such 
place as may be mentioned in the notification. 
 
 
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 (2) The Bureau shall comprise of the Director, who shall be the head of the Bureau, and such 
number of investigators, officers, experts, servants and other persons, as the Federal Government 
may, from time to time, deem fit. 
 
 (3) The Director, investigators, officers, experts, servants and other pe rsons in the 
employment of the Bureau shall be appointed in the manner prescribed by the rules. 
 
 (4) The Bureau shall, among other things, discharge the following functions, namely — 
 
(a) preliminary inquiries and investigations under this Act; 
 
(b)     identification of  safety deficiencies as evidenced by aircraft accidents, serious 
incidents and incidents; 
 
(c)     making recommendations to eliminate   or   reduce   any such deficiency; 
 
(d)   to advise  on and support implementation of  any such recommendation; 
 
(e)   air safety  studies  to  prepare  and  disseminate  safety recommendation; to 
establish and maintain an accurate record of acc idents, serious incidents and 
incidents for reference; 
 
(g)     to affect any obligation of Pakistan in relation to air safety and accidents 
investigations under the Convention; and 
 
(h)     any other matter connected with or ancillary to the above. 
 
 4. The Director, his duties, powers and functions.—(1) The Director shall be appointed by 
the Prime Minister in the manner prescribed by the rules for a usual term of three years from the date 
of assumption of office. 
 
 (2) The  Director  may,  be  notice  in  writing,  resign  from  his  office and such resignation 
shall take effect from the date of its acceptance by the Prime Minister. 
 
 (3) The Prime Minister may, after giving the Director a reasonable opportunity of being 
heard, remove him from office if he―
 
 
(a)     has, in the opinion of the Prime Minister, failed to discharge, or has become 
incapable of discharging, his duties effectively under this act; 
 
(b)     has been convicted of an offence involving moral turpitude; or 
 
(c)     is knowingly involved in conflict of interest situation in terms of 
 Section 11. 
 
 (4) The  Director   shall  receive  such  salary  and  allowances  and be  subject  to  such  
conditions  of  service  as  may  be  determined  by  the Prime Minister. 
 
 (5) The Director shall— 
 
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(a)     administer the Bureau for due discharge of its functions; 
 
(b)   ensure that investigations under this Act are independent, fair, effective and 
concluded in the most expeditious manner; 
 
(c)     advise the Minister and Secretary on air safety and accidents and other matters 
related to or ancillary to this Act; and 
 
(d)     carry out such other functions and duties as are imposed upon him under this 
Act, the rules or the Standing Orders. 
 
 (6) Subject to the provisions of this Act, the rules and the Standing Orders,  the  Director 
may exercise such powers  and  take  such measures are necessary for carrying out the purpose of 
the Act. 
 
 (7) In the absence or inability of the Director to perform his functions, the  Secretary  may  
appoint  a  senior  officer  of  the  Bureau  to  discharge  the functions and exercise the powers of the 
Director during his absence or inability. 
 
 5. Powers of the investigators.—(1) For the purposes of an investigation under this Act, an 
investigator shall have the powers to— 
 
(a)     regulate, prohibit and control access to the scene of an accident, s erious 
incident or incident; 
 
(b)     have access site of the accident, serious incident and incident and examine the  
aircraft involved, its parts, contents and component, the wreckage, any remains 
and marks resulting from the accident, serious incident or incident, any parts, 
components, wreckage or remains removed from the site;
 
 
(c)     preserve  the  aircraft, its  parts,  contents,  components,  wreckage, remains and 
marks mentioned at clause (b) by any means including photograthic means, and 
where in view of the investigator, it is necessary to do so, remove any of the 
parts, component, wreckage or remain for safe custody or further examination; 
 
(d)     require the attendance of any person, by summons under his hand, whom he 
thinks fit to call before him and examine for such purpose and to require answers 
or returns to any inquiries he thinks fit to make; 
 
(e)     require any s uch person to make and to sign a declaration regarding the true 
nature of the statements made by him; 
 
(f)     have acc ess to a ll books, no tes, records, pho tographs, papers a nd o ther 
documents, recordings and transcripts or other information, articles and other 
evidence which he considers necessary for the investigation,   and   where   
required   ask   for   and   enforce   the production of the same by a person who 
is in or is reasonably expected to be in their possession; and 
 
 
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(g)     where he considers it necessary, retain any such book, note, record, photograph, 
papers, document, recording, transcript, information, article or evidence until 
the completion of investigation. 
 
 (2) Where in the op inion of the Director such an a ction is n ecessary, he may authorize an 
investigator in writing to, after presenting the authorization to owner or occupier, enter, inspect and 
search any land or premises, building, dwelling or an aircraft and take in his possession any book, note, 
record, photograph, paper and other document, recording, transcript or other information and article in 
relation to the investigation. 
 
 (3) Where, an investigator considers it necessary that — 
 
(a)     medical examination of a person directly or indirectly involved in the operation 
of an aircraft is relevant to the investigation, he may, by a notice under his hand, 
require that person to submit to medical examination; 
 
(b)     performance of an autopsy on the body of a deceased person, or the carrying 
out of other medical examination of any human remain, is relevant to the 
investigation, he may cause such a utopsy or medical exa mination to be 
performed and, for that purpose, by notice under his hand, require the person 
having custody of the body of the deceased   person   or   other   human   remains,   
to   permit   the performance of that autopsy or that medical examination; and
 
(c)     a  test,  including  a  test  to  destroy,  is  required  on  the  aircraft involved in 
an accident, serious incident or incident, or its components, contents or parts, 
wreckage or any book, note, record, photograph, papers and other document, 
recording, transcript, information or other article received under sub-section (1) 
or seized under sub-section (2), he may cause that test to be conducted; and to 
the extent it is practicable and does not unreasonably impede the progress of 
investigation, such test shall be conducted in the presence of the owner or any 
person who appears, on reasonable grounds, to be in lawful possession of it 
or otherwise entitled to such presence. 
 
 6. Notification  of  accident  or  incident.—(1)  Where  an  accident, serious incident or 
incident occurs, it shall be the duty of the following to send a notice of such occurrence to the Director 
with minimum delay and through the most suitable and quickest Means available, but in no case later 
than twenty-four hours— 
 
(a)     the pilot in-command of the aircraft and in case he is killed or incapacitated, 
the senior most member of the aircraft crew, or the owner, operator, hirer or 
other person on whose behalf he was in- command of the aircraft; 
 
(b)     the relevant airport operator; 
 
(c)     the officer-in-command of the relevant air traffic control unit and the watch 
supervisory officer of air traffic control; and 
 
(d)     any other person specified for this purpose under the rules. 
 
 
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 (2) The notice under sub-section (1) shall contain such information and be served to such 
persons other than the Director as may be specified in the rules. 
 
 (3) Immediately upon receipt of the notice, the Director shall notify the facts of the accident, 
serious incident, or incident to the Secretary and such other States and entities as is required under the 
Convention. 
 
 7. Preliminary inquiry.—(1) The Director may authorise any person including an officer of 
the Bureau to conduct a preliminary inquiry into an accident, serious incident or incident and submit 
to him preliminary report to assess the classification of the occurrence and the extent of and expertise 
needed for the investigation. 
 
 (2) The person authorised to conduct preliminary inquiry shall have all the powers of an 
investigator under this Act.
 
 8. Institution and public notice of an investigation.—(1) Subject to other provisions of this 
act, the Director shall investigate the following accidents and serious incidents involving an aircraft — 
 
(a)     in a location in or over territory of Pakistan; and 
 
(b)     registered in Pakistan in a location not being the territory of any 
 State. 
 
 (2) The Director shall investigate incidents that or repetitive or impose a risk to air safety and 
may also investigate such other incidents which in which view require investigation in interest of 
improving air safety. 
 
 (3) Where  the  Director  does  not  initiate  an  investigation  into  an accident, serious incident 
or incident within such period as may be specified in rules, the Secretary may, where he considers it 
appropriate to do so, requires the Director to initiative the investigation. 
 
 (4) Where  the  Director  considers  it  appropriate  to  do  so,  he  may delegate the whole or 
any part of tne investigation to a State or any other entity constituted for investigations for the propose 
of this Act, under the Convention by mutual arrangement and consent. 
 
 (5) An investigation under this Act shall be conducted by two or more investigators of whom 
one should be the investigator in charge. 
 
 (6) Unless otherwise directed by the Director, every investigation shall be held in private. 
 
 (7) Immediately after the institution of an investigation into an accident or serious incident, 
the Director shall, through a public notice, inform that the investigation is being held and any person 
who may desire to make a representation or to produce any information or evidence concerning the 
circumstances or cause of the accident or, as the case may be, serious incident, may do so in writing 
within the time specified in the notice. 
 
 (8) In the like manner, where he considers it necessary to do so, the Director may solicit 
information or evidence through a public notice after the institution of an investigation into an accident. 
 
 
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 9. Objective of investigations by the Bureau.—(1) The sole objective of and investigation 
under this Act shall be the prevention of accidents, serious incidents and incidents and not to apportion 
blame or liability. 
 
 (2) An investigation under this Act sh all n ot refrain from fully reporting the causes or 
contributing factors of an accident, serious incident or incident merely because any fault or liability 
might be inferred from it.
 
 (3) An investigation under this Act shall be separate from and shall not a ffect  any  other  
proceeding  to  apportion  blame  or  liability  for  an  accident, serious incident or incident. 
 
 10. Investigations by the Bureau to take precedence.—(1) No investigation s hall be 
instituted into an accident, serious incident or incident for the purpose of making findings as to the 
causes and contributing factors if — 
 
(a)     that accident,  serious incident  or  incident is  being or  has  been investigated 
by the Bureau under this Act; or 
 
(b)     the agency carrying out the investigation has been informed that aircraft 
accident,  serious  incident  or  incident is  proposed  to  be investigated by the 
Bureau under this Act. 
 
 (2) Nothing in sub-section (1) shall prevent— 
 
(a)     In investigation into an accident, serious incident or incident for a purpose other 
than that of making findings as to its causes and contributing factors; and 
 
(b)     an investigation on any matter that is related to an accident, serious incident or 
incident which is not being investigated by the Bureau. 
 
 (3) An investigation by the Bureau into an accident, serious incident or incident under this Act 
shall take precedence over any other investigation into the accident, serious incident or incident and 
the agency conducting the investigation shall take all reasonable measures to avoid obstruction or 
interference with the investigation of the Bureau. 
 
 11. Duty to avoid conflict of interest.—(1) For so long as he holds office  and  for  a  period  
of  two  years  thereafter,  the  Director  and  e very investigator, officer, expert, servant and other 
person employed in the Bureau shall not — 
 
(a)     Own, or be a shareholder, director, partner or an employee of any av iation 
undertaking or business; 
 
(b)     have any direct  or indirect pecuniary or other benefit, share or interest in 
or be engaged in an aviation undertaking or business; and 
 
(c)     receive any direct or indirect pecuniary or other benefit, share or interest in the 
manufacture or distribution of aircraft or aircraft equipment or components.
 
 (2) Before commencing with an investigation, every investigator shall tender to the Director 
a written certificate under his hand that he has not held, or ho lds, or will not acquire any share or 
 
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pecuniary or other interest in any business, contract, or any other transaction which is likely to affect 
prejudicially the discharge by him of his function as investigator. 
 
 (3) Whenever it comes to the notice of an investigator that in relation to any matter under 
investigation, he has professionally acted on behalf of any person having any share or interest in that 
matter, or  any of his immediate relatives, or his employer or  employee would receive or have a 
reasonable expectation of receiving, a direct or indirect pecuniary or other benefit, share or interest or 
would suffer or have a reasonable expectation of suffering, a direct or indirect pecuniary or some other 
detriment, he shall immediately inform the Director and abstain from taking part in the investigation. 
 
 12. Participation in the investigation by other interested States.— (1) A State interested 
in the investigation of an accident, s erious incident or incident, may appoint an accredited 
representative and one or more advisors or experts to assist him. 
 
 (2) In the like manner, in the case of an accident, serious incident or incident to an aircraft 
registered in Pakistan in or over the territory of another State, the Secretary may, with the approyal of 
the Minister, appoint an accredited representative and one or more advisors or experts to participate in 
the investigation and intimate it to such State. 
 
 13. Protection of the aircraft and other evidence.—(1) The aircraft, or any of its parts, 
contents, components, wreckage, any marks, and remains resulting from an accident, serious incident 
or incident, located or found in the territory of Pakistan shall not be removed or otherwise interfered 
with, except by a person under the authority of the Director. 
 
 (2) Notwithstanding the provisions of sub-section (1), the aircraft or any of its parts, contents 
and component, wreckage, any marks or remains resulting from the ac cident, serious incident or 
incident may be removed or interfered with so far as may be necessary — 
 
(a)     by persons authorised to conduct search and rescue operations for the purpose 
of extricating persons or animals dead or alive, or preventing the destruction of 
the aircraft and its contents by fire or other  cause  or  of  preventing  any  damage  
or  obstruction  to  the public or to air navigation or to other transport; 
 
(b)    by persons authorized to conduct search and rescue operations for bringing it 
or them to a place of safety; and
 
 
(c)     for removal of luggage, goods, mail and other similar things from the aircraft 
under the supervision of a person authorized by the Bureau. 
 
 (3) The Director may, for the purposes of any preliminary inquiry and investigation under this 
Act, authorise an investigator or direct any other person to take measures for — 
 
(a)     documentation,  protection  and  preservation  by  photographic  or other means, 
of any evidence which might be removed, effaced, lost or destroyed; 
 
(b)   maintaining safe custody of  the aircraft, its parts, contents, co mponents, 
wreckage, any marks and remains; 
 
 
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(c)     safeguarding  against  further  damage  to  the  aircraft,  its  parts, contents, 
components, wreckage, any marks and remains; 
 
(d)     limiting the access to the aircraft, its parts, contents, components, wreckage, 
any marks and remains by unauthorized persons, or to prevent it from pilferage 
and further deterioration; and 
 
(e)     for the preservation of the aircraft, its parts, contents, components, wreckage, 
any marks and remains for such period as may be necessary for the purposes of 
an investigation. 
 
 (4) The owner, operator, pilot in-command or members of the aircraft crew and every other 
person who is in the custody of the aircraft, or any of its parts, content, component, wreckage, mark 
or remain or any information, book, note, record, photograph, papers or other document, recording or 
transcripts, that may reasonably be expected to be required in relation to an investigation under this 
Act shall take .all reasonable steps for its safe keeping and to prevent it from pilferage and deterioration 
 
 (5) Nothing in this section shall be construed to prohibit saving of human life or treatment 
of injured by the best available person at the site of the accident pending the arrival of an investigator, 
or a person authorized by the Director under sub-section (1) or an authorized person mentioned at sub-
section (2). 
 
 (6) Where the aircraft, or any of its parts, contents, components, wreckage, any marks, remains 
and other evidence resulting from an accident, serious incident or incident are to be removed or 
interfered with pursuant to the provisions of sub -section (2) or sub -section (5), the person directing, 
supervising or  arranging  the removal or  interference shall, to the  extent  possible in th e 
circumstances, and prior to such removal or interference, record the location, layout and condition of 
the aircraft, its parts, contents, components, wreckage, any marks and remains and  any other  evidence 
by the best possible means available. 
 
 14. Release of the aircraft and other evidence when no longer required.—(1) The Director 
shall release the aircraft, or any one or more of its parts, contents, components, wreckage, marks and 
remains as well as any other information or evidence that has been taken into his custody by  an 
investigator or any restriction as to its removal or interference with, or safe keeping have been imposed 
under section 13 as soon as it is no longer required for the investigation. 
 
 (2) While  releasing  the  aircraft,  or  any  one  or  more  of  its  parts, contents, component or 
wreckage, the Director may, through a written notice, require the owner, operator or any other person 
having lawful claim over it, to have it removed within such reasonable period as may be given in the 
notice. 
 
 (3) Where the owner, operator or the other person having lawful claim over it, fails without 
reasonable cause to remove the aircraft, or any one or more of  its parts, contents, components or 
wreckage, within the period given in the notice, the Director may cause the aircraft, part, content, 
component or wreckage to be auctioned or otherwise disposed of at the expense of the owner, operator 
or other person and deposit proceeds thereof to the Federal Government. 
 
 15. Investigation reports and their publication.—(1) The Director may,  from  time  to  time,  
provide  an  interim  statement  on  the  progress  and findings of an investigation to the Minister and 
 
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the Se cretary and to e very agency or person who has a direct interest in the findings of the 
investigation as and when requested by the agency or person. 
 
 (2) As soon as an investigation is complete, the Director shall cause to be prepared a draft final 
report describing the proceedings in ge neral, any  safety de ficiencies identified, recommendations 
made in the interest of air safety and any other relevant findings. 
 
 (3) The Director shall submit the draft final report to the Minister and the Secretary and also 
cause it to be sent to every agency or person who has a d irect interest in the findings of  the 
investigation. 
 
 (4) Thereafter, the Director shall give every agency and person having a direct interest in the 
findings of the investigation a reasonable opportunity not exce eding forty-five days to make any 
representation or observation on the draft final report.
 
  (5) No person shall communicate or use the draft final report or permit its communication or 
use for any purpose, other than the taking of remedial measures and if required preparation of any 
representation or observation. 
 
 (6) The Director shall, after considering the representations and observations, if any received 
by him — 
 
(a)     adopt the draft final report as final report and share it with the Minister, 
Secretary, and every agency and person having a direct interest in the findings 
of the investigation and also publish it for general information; or 
 
(b)     reconsider  the  finding  and  recommendations  of  the  draft  final report where 
in his view new material facts have been brought before him and thereafter share 
it in the manner given under clause (a) above. 
 
 16. Immediate notification of findings requiring urgent action.— Without any prejudice to 
the provisions of section 15, the Director shall, at any time  during  an  investigation,  notify  forthwith  
in  writing,  to  the  Minister, Secretary and every other agency and person who, in his opinion, has a 
direct interest  in  its  findings  and  recommendations,  whether  interim  or  final,  any matter, finding 
or recommendation that in his opinion requires an urgent action. 
 
 17. Duty to respond to findings of investigation.—(1) The agency or pe rson   responsible   
for   taking  a   remedial   action   on   the   finding   or recommendation of an investigation, shall 
within such period after being notified of the finding or recommendation as may be determined by the 
Director, which shall in no case exceed ninety days, inform the Director in writing— 
 
(a)     of any remedial action taken or which will be taken by the agency or person; 
 
(b)     reason as to why a remedial action cannot be taken by the agency or person 
within the time given by the Director; 
 
(c)    reason as to why remedial action to be taken by the agency or person is 
different from the action that was recommended; or 
 
(d)     reason as to why no remedial action shall be taken by the agency or person. 
 
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 (2) Where the Director is of the view that a remedial action taken, or the different remedial 
action proposed to be taken does not meet the safety requirements or the reasons for not taking 
any remedial action given by the agency or person are unsatisfactory, he may inform the Secretary in 
writing who shall then inform the Minister. 
 
 (3) Where the Director is satisfied with the reasons, he may allow additional period for 
taking action or a taking of the different remedial action. 
 
 18. Obligation not to disclose certain records.—(1) The following information and records 
shall not be disclosed for any purpose other than those relating to an investigation except when the 
Secretary de termines that their d isclosure outweighs the adverse impact it may have on  that 
investigation or any future investigations — 
 
(a)    cockpit airborne image recordings and any pa rt or transcripts from su ch 
recordings; 
 
(b)     cockpit voice recordings and transcripts from such recordings; 
  
(c)     recordings and transcripts of recordings from air traffic control; 
 
(d)     all statements made to an investigator or other person in the course of  an 
investigation under this Act; 
 
(e)     all communications between persons having been involved in the operation of 
the aircraft; 
 
(f)     medical or private information of persons involved in the accident, s erious 
incident or incident; 
 
(g)   analysis of information and opinion expressed, including flight recorder 
information made by an investigator and accredited representative in relation to 
the accident, serious incident or incident; and 
 
(h)     a draft final report. 
 
 (2) Any information or record referred to in sub-section (1) may be included in the final 
report of an investigation or its appendices, or in any other report only when it is relevant to the analysis 
of the accident, serious incident or incident and parts of the information and records not relevant 
to the analysis shall not be included in such report. 
 
 (3) The final report of an investigation shall not disclose the names of the persons involved in 
the accident, serious incident or incident.
 
 
 19. Reopening   of   an   investigation.—Where   it   appears   to   the Secretary that any new 
and material evidence has become available after completion of the investigation, he may, with the 
approval of the Minister, direct the Director to re-open the investigation. 
 
 
Page 15 of 20 
 
 20. Incident reporting systems.—(1) The Director shall, through a Standing Order, establish 
a mandatory incident reporting system to collect information on actual or potential safety  deficiencies  
and require  all  related persons mentioned in that order to notify all accidents, serious incidents and 
incidents to the Bureau by most suitable and quickest means but in any case not later than twenty-four 
hours. 
 
 (2) In the like manner, the Director shall, through a Standing Order, establish a voluntary 
incident reporting s ystem to facilitate c ollection of information on actual or potential safety 
deficiencies that may not be captured by the mandatory incident reporting system. 
 
 (3) The voluntary incident reporting system shall be non-punitive and afford protection to the 
sources of the information. 
 
 21. Obstructing   or   impeding   proceedings.—Any   person,   who interferes with, obstructs 
or impedes the p roceedings of  an inquiry or investigation, or  the exercise of any  power or duty 
conferred to or imposed upon an investigator or other person under this Act shall, on conviction, be 
punished with imprisonment which may extend to six months, or a fine not exceeding five hundred 
thousand rupees, or with both. 
 
 22. Withholding, altering or giving false information or evidence.—Any person who 
knowingly withholds, hides, alters or damages any information  or  other  evidence relating to  an  
investigation under  this  Act  or p rovides any false or misleading information or e vidence to an 
investigator or other person holding an inquiry or investigation under this Act shall, on conviction, be 
punished with imprisonment which may extend to three years, or a fine not exceeding one million 
rupees, or with both. 
 
 23. Failure to comply with summons or requisition.—Any person, who without reasonable 
excuse, when called upon to do so by an investigator or other person holding an inquiry or investigation 
under this Act, fails or refuses to appear before him or give a statement, or provide or make available 
any information, book, note, record, photograph, papers or other document, recording and transcripts, 
any part, content or component of an aircraft or its wreckage, of to  make  available  the  body  of  a  
deceased  person  or  other  human  remains available for autopsy, shall, on conviction, be punished 
with imprisonment which may extend to three months, or a fine not exceeding on fifty thousand rupees, 
or with both.
 
 
 24. Failure   to   report   a   accident   or   incident.—Any   person responsible to report an 
accident, serious incident or incident under mandatory reporting system established under section 20, 
who, without a reasonable excuse, fails to report an accident, serious incident or incident after it has 
come to his knowledge, shall, on conviction, be punished with imprisonment which may extend to 
three months or a fine which may extent to fifty thousand rupees, or with both. 
 
 25. Failure to preserve evidence.—(1) Any person who holds an information, book, note, 
record, ph otograph, p apers or  other document, recording and  transcripts, any part, content or 
component of an aircraft or its wreckage, or a  deceased  person  or  other  human remains  or  any 
other  evidence  that may reasonably be expected to be required in relation to an investigation under 
this Act, neglects or fails to take reasonable steps for keeping it safe and to prevent it from pilferage 
and further deterioration, shall on conviction, be punished with imprisonment which may extend to six 
months or a fine which may extent to five hundred thousand rupees, or with both. 
 
 
Page 16 of 20 
 
 (2) Any person who removes or interferes with the damaged aircraft, or any of it part, content 
and component, the wreckage, any remains and marks resulting from the accident, serious incident or 
incident in contravention of the p rovisions of section 13, sh all on conviction, be punished with 
imprisonment which may extend to three months or a fine which may extent to one hundred thousand 
rupees, or with both. 
 
 26.  Unauthorized  disclosure  of  information.—Any  person  who, without  the  prior  written  
consent  of  the  Director  caus es  or  permits  any information collected or report prepared by the 
Bureau or any part of it to be disclosed to any other person, body or organisation before it is made 
publicly available by the Director, shall, on conviction be punished with imprisonment which may 
extend to three months or a fine which may extent to one hundred thousand mpees; or with both. 
 
 27. Offences by bodies corporate.—(1) Where a body corporate is guilty of an offence under 
this Act and that offence is proved to have been committed with consent or connivance of, or to be 
attributable to any neglect on part  of,  any  director,  manager,  secretary  or  other  similar  officer  of  
body corporate or any person who was purporting to act in any such capacity he, as well as the 
body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished 
accordingly. 
 
 (2) Where the affairs of a body corporate are managed by its members, sub-section (1) shall 
apply in relation to the acts and defaults of member in connection with his functions of management 
as if he were a director of the body corporate.
 
 
 28. Cognizance of offences.—No court shall take cognizance of an offence under this Act 
except upon a complaint in writing by the Director or an officer of the Bureau authorized by him for 
this purpose. 
 
 29. Offences to be bailable.—All offences under this Act shall be bailable. 
 
 30. Summary trial for certain offences.—The Magistrate of the first class shall, on the written 
complaint of the Director, or an officer of the Bureau authorized by him for this purpose, try an 
offence under section 21, 23, 24 and 26 and may impose any amount of fine under this Act in 
accordance with the provisions of Chapter XXII of the Code of Criminal Procedure, 1898 (V of 1898). 
 
 31. Compounding of offences.—(1) Subject to sub-section (2), the Director or an officer of 
the Bureau authorized by him may, at any stage, compound an offence under this Act subject to the 
deposit of administrative penalty which shall not be less than fifty thousand rupees. 
 
 (2) An offence under this Act shall not be compoundable if the accused has previously been 
convicted under this Act or his previous offence has been compounded by the Director or the officer 
of the Bureau authorized by the Director. 
 
 32. Transfer of services of existing employees.—(1) On the commencement of this Act, the 
Federal Government shall, by notification in the official Gazette, determine the date, mode and manner 
in which any officer, expert, servant or any other person or category of officers, experts, servants or 
persons who immediately before the commencement of this Act have been in the s ervice of the 
Authority in relation to the functions, duties and a ffairs of the Bureau und er this Act, shall be 
transferred to the Bureau, on the same terms and conditions as were applicable to them, unless modified 
or amended under the provisions of this Act: 
 
Page 17 of 20 
 
 
 (2) The pay and allowances to which such an investigator, officer, expert, servant or person 
is entitled to for service in the Bureau shall not be less favorable than those to which he was entitled 
immediately before such transfer. 
 
 (3) The service of an officer, expert, servant or other person transferred to the Bureau under 
sub-section (1) shall be taken for all purposes to have been continuous with the service of the officer, 
expert, servant or person, immediately before the date of transfer, as an employee of the Authority. 
 
 (4) Notwithstanding any provision of law, no officer, servant, expert or person transferred to 
the service of the Bureau under sub-section (1) shall be entitled to receive any payment or other benefit 
merely because he stopped bei ng an employee of the Authority as a result of this section or of any 
other provision of this Act, or on account of the abolition of his office in the Authority. 
 
 33. Transfer of certain properties and assets.—On the commencement of this Act, the Federal 
Government shall, by notification in the official Gazette, determine the date, mode and manner in 
which such assets, including lands, buildings, machinery, apparatus, equipment and sums of money, 
and all other rights and interests arising out of such assets that are related to the functions, duties and 
affairs of the Bureau under this Act as were immediately before that day vested in the Authority, shall, 
without any conveyance or assignment, be transferred to and vest in the Bureau free of any cost and 
all liabilities in respect of the said assets shall be the liability of the Bureau. 
 
 34. Air Safety Fund.—(l) There shall be a fund to be called the Air Safety Fund. 
 
 (2)    The Fund shall be derived from the following sources, namely— 
 
(a)     money transferred to the Fund from the accounts of the Authority in terms of 
section 32; 
 
(b)     any grant received from the Federal Government, 
 
(c)     any  aid,  assistance  or  grant  received  from  any  national  or international 
agency; 
 
(d)     money levied on aircrafts navigating over the territories of Pakistan or landing 
at an airport in Pakistan at such rate as the Federal Government may, from time 
to time, determine; and 
 
(e)     interest on invested cash balance of the Fund. 
 
 (3) The Federal Government may, by a notification in the official Gazette, direct that the levy 
under sub-section (2) shall be charged, collected and transferred to the Fund by any agency or authority 
other than the Bureau. 
 
 (4) The sums credited to the Fund shall— 
 
(a)     not lapse with the expiry of a financial year; and 
 
 
Page 18 of 20 
 
(b)     be   spent   for   no   purpose   other   than   meeting   the   cost   of investigation, 
undertaking studies, training or other measure in the interest of the air safety or 
other objects of this Act. 
 
 35. Periodical and annual reports .—(1) The Director shall keep the  Secretary generally 
informed of the working of the Bureau and submit to hi m reports on matters relating to functions of 
the Bureau at such intervals and in such form as he may direct. 
 
 (2) The Director shall, as soon as practicable after the close of every calendar year, but not 
later than the last Friday of the immediately following January, submit to the Minister a report on the 
state of air safety, progress of investigations, extent of compliance with safety recommendations and 
activities undertaken by the Bureau in general during that year. 
 
 36. Federal Investigation Agency and local police to assist.—(1) On written request of the 
Director or the investigator for the purpose of this Act, the officer of the Federal Investigation Agency, 
Airport Security Force or of the police of the respective district to whom this request is directed, shall 
without unreasonable delay, render such assistance. 
 
 (2) If for any reasonable cause, such officer is unable to provide the requested assistance, 
he shall forthwith bring the matter to the notice of his supervisory officer, and where such supervisory 
officer is also unable to provide such support, he shall inform the Director or, as the case may be, the 
investigator making the request. 
 
 (3) Where  the  officer  of the Federal  Investigation  Agency,  Airport Security  Force  or  of  
the  police  of  the  respective  district  fails  to  provide assistance despite request, or where he is not 
satisfied with the reason for the inability to provide assistance, the Director may inform the Secretary. 
 
 37. Indemnity.—No suit, prosecution or other legal proceedings shall lie against the Minister, 
Secretary, Bureau, Director, investigator, officer, expert, servant or other person employed with the 
Bureau in respect of anything, done o intended to be done in good faith under this Act or under any 
rule or Standing Order or for any damage sustained by anything belonging to or under the control of 
the Bureau. 
 
 38. Power of Federal Government to make rules.—(1) The Federal Government may, by 
notification in the official Gazette, make rules for giving effect to one or more provisions of this Act 
or to carry out the purpose of this Act in general. 
 
 (2) in  particular,  and  without  prejudice  to  the  generality  of  the provisions  of  sub-
section (1),  such  rules  may  provide  for  all  or  any  of  the following matters, namely — 
 
(a)     the procedure and manner of notification of an accident, serious incident and 
incident, including notification to a State;
 
Page 19 of 20 
 
 
 
(b)     the notification of an accident, serious incident and incident to the International 
Civil Aviation Organisation and a State for participation in the investigation; 
 
(c)     the preservation, collection and custody of evidence;  
 
(d)    the manner of investigation in general; 
 
(e)     the  procedure  for  summoning  of  persons  and  production  of evidence and 
other information; 
 
(f)     the format of the report of preliminary inquiry, draft investigation report and 
investigation report; 
 
(g)    the consolidation and follow-up of safety recommendations; 
 
(h)     the  manner  in  which  the  Fund  shall  be  managed  including provisions 
in relation to keeping of its account, authorization for expenditure and charging, 
collection and transfer of levy; and 
 
(i)     any other matter subsidiary or incidental to the investigation of a ircraft 
accidents, serious incident and incidents. 
 
 39. Standing Orders.—The Director may, with the approval of the Minister, make Standing 
Orders, not inconsistent with this Act and the rules, to provide for any matter and for which provision 
is necessary or expedient for carrying out the purpose of this Act. 
 
 40. Act to override other laws.—The provisions of this Act shall have effect notwithstanding 
anything contrary contained in any other law for the time being in force. 
 
 41. Exclusion   of   the   jurisdiction   of   courts.—Notwithstanding anything contained in 
any other law for the time being in force, any proceedings pending before or order of the Minister, 
Secretary, Director, investigator or any other person under this Act shall be final and shall not be 
called in question in any suit, application or other judicial proceedings and a court shall not assume 
jurisdiction or grant an injunction in respect of any action taken or intended to be taken by the Minister, 
Secretary, Director or investigator or any other person under this Act. 
 
 42. Removal of difficulties.—If any difficulty arises in giving effect to any of the provision of 
this Act, the Federal Government may make such order, not  inconsistent  with  the provisions  of  this  
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 to have been done or taken 
under the aforesaid Act or rules so repealed shall, in so far as  it is not 
 
Page 20 of 20 
 
inconsistent with the provisions of this Act, be deemed to have been done or 
taken under the corresponding provisions of this Act, and 
 
(b)     any matter that is in the course of being investigated, or that has been 
investigated by the Authority, but on which a report has not been made when 
this Act comes into force shall, on the coming into force of this Act, be taken 
up and continued by the Bureau, as if it were, or had been an investigation under 
this Act. 
 
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