The Ministry of Civil Aviation has introduced the Aircraft (Security) Rules, 2023 to enhance civil aviation security in line with international conventions. These rules cover a wide range of aspects, including roles, responsibilities, and security measures. Let’s delve into a comprehensive analysis of each rule:
Rule 1: Short title and commencement – These rules are referred to as the Aircraft (Security) Rules, 2023. They become effective from the date of publication in the Official Gazette.
Rule 2: Role and responsibilities of Director General – The Director General holds the responsibility of regulatory and oversight functions related to civil aviation security. This includes developing and implementing the National Civil Aviation Security Programme, coordinating activities, ensuring security training, risk assessment, and providing guidelines.
Rule 3: National Civil Aviation Security Committee – This rule establishes the National Civil Aviation Security Committee as a coordinating body, consisting of key members including the Secretary of the Ministry of Civil Aviation, and the Director General as the Member-Secretary.
Rule 4: Airport Security Committee – Airport operators with approved security programmes must establish an Airport Security Committee to assist in coordinating security controls, ensuring compliance with the National Civil Aviation Security Programme.
Rule 6: Aviation Security Group – Aerodrome operators must engage personnel from government security agencies for security duties, forming an Aviation Security Group. The Chief Aerodrome Security Officer oversees this group.
Rule 7: Duties of Chief Aerodrome Security Officer – The Chief Aerodrome Security Officer is responsible for various security aspects, including safeguarding passengers, enforcing access control, maintaining order, liaising with authorities, and more.
Rule 8: Disembarkation of unruly passenger – The Chief Aerodrome Security Officer or authorized personnel assists the pilot-in-command in disembarking unruly passengers to ensure aircraft, crew, and passenger safety.
Rule 9: Private Security Agency – Private Security Agencies are engaged to perform security duties under the operational supervision of the Chief Aerodrome Security Officer and administrative supervision of the Aerodrome Operator.
Rule 10: Security programme of aerodrome and aircraft operators – Aerodrome and aircraft operators are required to develop, implement, maintain, and periodically review their security programmes in accordance with the National Civil Aviation Security Programme.
Rule 11: Commencement of operations by aerodrome and aircraft operators – No aerodrome or aircraft operator can commence operations without obtaining security clearance and approval of security arrangements from the Director General, ensuring safety and security compliance.
Rule 12: Power to suspend or cancel security clearance and security programme – The Director General holds the authority to suspend, cancel, or impose conditions on security clearances and programmes in cases of non-compliance or national security concerns.
Rule 13: Renewal or review of security clearance and security programme – Entities are required to apply for the renewal of security clearances and review their security programmes periodically, ensuring ongoing adherence to security standards.
Rule 14: Appointment of Chief Security Officer – Entities must appoint a Chief Security Officer or Aviation Security Compliance Officer, responsible for ensuring security compliance and coordination.
Rule 15: Operation of entities at aerodrome – Aerodrome operators cannot operate or allow entities to operate in security restricted areas without obtaining security clearance and approval from the Director General.
Rule 16: Planning, design, and layout of aerodrome – Aerodromes must adhere to security specifications outlined in the National Civil Aviation Security Programme, ensuring secure planning, design, and layout.
Rule 17: Aerodrome perimeter – Aerodrome operators are required to construct a perimeter wall or fence for peripheral protection, as specified by the Director General.
Rule 18: Provision of lighting, road for patrolling, and observation post – Aerodrome operators are mandated to provide lighting, roads for patrolling, and observation posts to enhance security measures.
Rule 19: Protection of facilities under aerodrome operator – All vulnerable areas and operational facilities under aerodrome operators must be identified, demarcated, and protected to ensure aviation security.
Rule 20: Handling of unidentified baggage or suspicious object – Aerodrome operators must establish protected areas for suspicious objects and undertake appropriate measures to assess, investigate, and dispose of them.
Rule 21: Contingency Plan – Aerodrome operators are required to develop, implement, and maintain contingency plans to handle security alerts effectively.
Rule 22: Entry into aerodrome – Guidelines for aerodrome entry permits are issued by the Central Government. Access to aerodromes is regulated through permits, ensuring authorized entry.
Rule 23: Security measures related to vehicles – Aerodrome operators must apply screening or security controls to vehicles granted airside access, along with items within them.
Rule 24: Issue of aerodrome entry permit and vehicle entry permit – Rules for issuing aerodrome entry permits and vehicle entry permits are established, promoting controlled and secure access.
Rule 25: Background check of employees – Entities are mandated to conduct initial and periodic background checks on employees with airside access, enhancing security measures.
Rule 26: Display of aerodrome entry permit and vehicle entry permit – Permit holders are required to display their permits conspicuously at all times, ensuring visible compliance.
Rule 27: Surrender of aerodrome entry permit and vehicle entry permit – Procedures for surrendering entry permits are outlined, ensuring proper management and control.
Rule 28: Maintenance and availability of stop list – Issuing authorities maintain a stop list, available at access points and security restricted areas, enhancing security personnel’s ability to identify unauthorized individuals.
Rule 29: Reserved right of admission – The aerodrome operator and Director General hold the authority to refuse admission or require anyone to leave the aerodrome in the interest of security.
Rule 30: Prohibition to carry weapons or explosive Entering aerodromes or aircraft with weapons, firearms, ammunition, or explosives is prohibited, except under specific circumstances such as armed forces personnel or for testing purposes.
Entry into Security Restricted Area and Security Hold Area (Rules 31-32): These rules emphasize the importance of controlling access to security restricted and hold areas. No vehicle, person, baggage, supplies, or tools can enter these areas without applying specified security controls. Security screening of individuals and items is mandatory before granting access to such areas.
Security Check Before Embarkation (Rule 32): Passengers and their cabin baggage must be screened before boarding an aircraft. This rule ensures that potential threats are identified and prevented from entering the aircraft.
Prohibition on Carriage of Certain Articles (Rule 33): The Director General can prohibit the carriage of articles that could potentially be used for unlawful interference with civil aviation. Detection of prohibited items during screening prompts appropriate action.
Deployment of Security Staff (Rule 34): Aircraft operators must engage security personnel who undergo background checks, proper selection, training, and certification. This ensures that security personnel are qualified to handle security duties effectively.
Security Check/Search of Aircraft (Rule 35): Aircraft operators must conduct security checks or searches of their aircraft before departure, between flights, and as directed by the Director General. This rule ensures the security of the aircraft between flights.
Protection of Cockpit Door and Flight Crew Compartment (Rule 37): Measures like locked cockpit doors, communication systems between flight and cabin crew, and responsibility assignment for cockpit access control enhance cockpit security.
Deployment of In-Flight Security Officers (Rule 38): A specified number of in-flight security officers must be carried on passenger aircraft as per the Director General’s order. This adds an extra layer of security during flight.
Security Control for Hold Baggage (Rule 39): Baggage must undergo screening and protection from unauthorized interference from acceptance until departure. Identification and reconciliation of hold baggage are required.
Carriage of Prisoners in Aircraft (Rule 40): Aircraft operators must follow specific procedures for carrying prisoners, ensuring both security and humane treatment.
Carriage of Cargo, Mail, and Supplies (Rule 41): Security controls must be applied to cargo, mail, and supplies to prevent unauthorized interference. The security program of catering establishments must be approved.
Detection of Cyber-Attack and Cyber Security Response (Rules 49-50): Entities must protect critical information systems from unauthorized access. They should have mechanisms in place to detect cyber-attacks and respond effectively.
Reporting and Investigation of Security Occurrences (Rules 51-52): Entities must report security occurrences and incidents as specified. The Director General can order security investigations to assess and respond to incidents.
Protection of Information and Records (Rules 54-57): Sensitive aviation security information must be protected against unauthorized access, amendment, and disclosure. Records must be retained as specified.
Appeals, Compounding of Offences, and Penalties (Rules 64-66): There are provisions for appeals, compounding of offences, and penalties for non-compliance. The penalties vary depending on the nature of the contravention.
Implications and Significance
These rules play a crucial role in safeguarding the aviation sector in India. By addressing a wide range of security concerns and outlining specific procedures, they ensure that passengers, crew, and aviation assets are protected from threats and potential acts of unlawful interference. The rules also establish a clear framework for reporting, investigating, and addressing security incidents, which contributes to maintaining the integrity of the aviation industry.
Adherence to these rules is essential not only for the security of aviation operations but also for maintaining public trust in air travel. Aviation security is a dynamic field, and these rules provide a foundation for adapting to emerging threats and technologies. Regular training, coordination among stakeholders, and staying updated with evolving security practices will be key to effectively implementing these rules and ensuring the safety of civil aviation in India.
*******
MINISTRY OF CIVIL AVIATION
NOTIFICATION
New Delhi, the 9th. August, 2023
G.S.R. 596(E).—Whereas, the draft of Aircraft (Security) Rules, 2022 were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which copies of the Gazette containing the said notification were made available to public.
And Whereas, the proposed rules are to be issued in the light of Convention relating to the International Civil Aviation signed at Chicago on the 7th day of December, 1944;
And Whereas, copies of the Gazette containing the said notification were made available to the public on the 10th day of November, 2022;
And Whereas, the objections and suggestions on the said draft rules from the public have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by sections 4, 5, sub-section (2) of sections 10, 10A, 10B,12,12A, 12B and read with Section 14 of the Aircraft Act, 1934 (22 of 1934), and in supersession of the Aircraft (Security) Rules, 2011, except as respects things done or omitted to be done before such supersession the Central
Government hereby makes the following rules, namely:—–
CHAPTER I
PRELIMINARY
1. Short title and commencement – (1) These rules may be called the Aircraft (Security) Rules, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions – (1) In these rules, unless the context otherwise requires, –
(a) “accompanied hold baggage” means baggage which is accepted for carriage in the hold of an aircraft and which is checked in by the passenger who is on board (hereinafter referred to as “hold baggage”);
(b) “Act” means the Aircraft Act, 1934 (22 of 1934);
(c) “acts of unlawful interference” means acts or attempted acts such as to jeopardize the safety of civil aviation, including, but not limited to –
(i) unlawful seizure of aircraft;
(ii) destruction of an aircraft in service;
(iii) hostage-taking on board aircraft or on aerodromes;
(iv) forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility;
(v) introduction on board an aircraft or at an airport of a weapon or hazardous device or material intended for criminal purposes;
(vi)use of an aircraft in service for the purpose of causing death, serious bodily injury, or serious damage to property or the environment; and
(vii) communication of false information such as to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility.
(d) “aerodrome entry permit” means the identity card, issued by the Director General or any person authorised by the Central Government as per guidelines issued by the Central Government and used for entry into an aerodrome or any part of an aerodrome;
(e) “aerodrome operator” means a person, organisation or enterprise responsible for operation and management of an aerodrome;
(f) “aircraft operator” means a person, organisation or enterprise engages in or offering to engage in an aircraft operation;
(g) “airside” means the movement area of an aerodrome, adjacent terrain and building or portions thereof, access to which is controlled;
(h) “Annex 17” means Annex 17 to the Convention relating to International Civil Aviation signed at Chicago on the 7th day of December, 1944 as amended from time to time;
(i) “aviation security” means a combination of measures, human and material resources intended to be used to safeguard civil aviation against acts of unlawful interference;
(j) “Aviation Security Group” means a unit of specialised Government agency authorised by the Director General to safeguard civil aviation against acts of unlawful interference and for the protection of property at the aerodrome handling civil aviation;
(k) “background check” means a check of person’s identity and previous experience, including any criminal history and any other relevant information, as part of the assessment of an individual’s suitability to implement a security control or for unescorted access to the aerodrome;
(l) “business establishment” means such entities located in specified areas at an aerodrome, which are engaged in carrying out business activities or providing any service or both, for financial returns;
(m) “cabin baggage” means a baggage intended for carriage in the cabin of an aircraft;
(n) “cargo” means any property carried on an aircraft other than mail, stores and accompanied or mishandled baggage;
(o) “catering stores” means all items, other than catering supplies, associated with passenger inflight services, for example newspapers, magazines, headphones, audio and video storage devices, pillows and blankets, and amenity kits;
(p) “catering supplies” means food, beverages, other dry stores and associated equipment used on board an aircraft;
(q) “certification” means a formal evaluation and confirmation by or on behalf of the Director General for aviation security that a person possesses the necessary competencies to perform assigned functions to an acceptable level as determined by the Director General;
(r) “Convention” means the Convention related to International Civil Aviation signed at Chicago on the 7th day of December, 1944;
(s) “Director General” means Director General of Bureau of Civil Aviation Security, appointed under section 4B of the Act, who shall also be appropriate authority for the requirements of Annex 17;
(t) “entity” means a person or a group of persons or a company, including but not limited to an aerodrome operator, aircraft operator, ground handling agency, regulated agent, fuel farm, maintenance, repair and overhaul, catering establishment, business establishment, and any other category as may be included by the Central Government or an officer authorised on its behalf for such purposes, from time to time and has its direct or indirect place of business, provides any service, facility, carries out any commercial or financial activity, or any other legal transactions, at the airport or on the premises of a civil aviation facility;
(u) “express cargo” means goods other than mail and accompanied or baggage involuntarily or inadvertently separated from passengers or crew which is required to be carried on priority basis by an aircraft operator;
(v) “fuel farm” means an agency or company which stores and supplies aviation turbine fuel to the aircraft operator at any airport;
(w) “ground handling agency” means an entity established for the purpose of providing ground handling services at an airport, and security cleared by the Director General;
(x) “high-risk cargo or mail” means cargo or mail presented by an unknown entity or showing signs of tampering shall be considered high risk if, in addition, it meets one of the following criteria, namely: –
(a) specific intelligence indicates that the cargo or mail poses a threat to civil aviation;
(b) the cargo or mail shows anomalies that give rise to suspicion; or
(c) the nature of the cargo or mail is such that baseline security measures alone are unlikely to detect prohibited items that could endanger the aircraft;
(y) “in-flight security officer” means Government security personnel deployed on board an aircraft with the purpose of protecting that aircraft and its occupants against acts of unlawful interference;
(z) “known consignor” means a consignor who originates a cargo or mail for its own account and whose procedures and establishment are approved by the Director General to allow the carriage of such cargo or mail on any aircraft;
(za) “mail” means dispatches of correspondence and other objects tendered by and intended for delivery to designated postal operators to operate the postal service;
(zb) “movement area” means that part of an aerodrome to be used for the take-off, landing, and taxiing of the aircraft, consisting of the maneuvering area and aprons;
(zc) “National Civil Aviation Security Programme” means such written programme established by an officer authorised by Central Government to give effect to any Annex of the Convention with the prior approval of the Central Government to safeguard civil aviation operations against acts of unlawful interference;
(zd) “person” includes an individual, a company, a firm, an association of person or a body of individual or any legal entity, whether incorporated or not, and a local authority;
(ze) “Private Security Agency” means an agency licensed under the Private Security Agencies (Regulation) Act, 2005 (29 of 2005) and whose security clearance has been issued by the Director General;
(zf) “prohibited article” means an object which can be used to commit an act of unlawful interference and which has not been properly declared;
(zg) “regulated agent” means an agent, freight forwarder or any other entity which conducts business with an aircraft operator and provides security controls that are accepted or required by the Director General in respect of cargo, or mails to be transported by air;
(zh) “regular employee” means an individual appointed, employed or engaged on regular basis and paid directly by the employer;
(zi) “Schedule” means the Schedules appended to these rules;
(zj) “Scheduled air carrier” means an air carrier which has received an Air Operator Certificate (Scheduled or Scheduled Commuter Operator) from the Directorate General of Civil Aviation;
(zk) “screening” means the application of technical or other means which are intended to identify or detect weapons, explosives or other dangerous devices, articles or substances which may be used to commit an act of unlawful interference with civil aviation;
(zl) “security audit” means an in-depth compliance examination of all aspects of the implementation of the National Civil Aviation Security Programme;
(zm) “security clearance” means status granted to a person or entity allowing them access to sensitive aviation security information, access to restricted areas or to become eligible to operate at airport or any facility related with civil aviation after successful completion of a background check;
(zn) “security control” means the method by which the introduction of weapon, explosive or other dangerous device, article or substance, which may be used to commit an act of unlawful interference, can be prevented;
(zo) “security hold area” means the area between passenger screening checkpoint and boarding gate, into which access is controlled and additional security measures are applied;
(zp) “security incident” means security occurrence which results in death or grievous hurt to a person or major damage to the property or major disruption to the civil aviation operations, or any act of unlawful interference which is assessed as security incident by the concerned security-in-charge of the entity who received the report, or the Director General or any other officer authorised by him in that behalf.
Explanation: – For the purposes of this clause, the expression “grievous hurt” shall have the same meaning as assigned to it in the Indian Penal Code (45 of 1860);
(zq) “security inspection” means an announced or unannounced examination of the effectiveness of the implementation of specific security measures;
(zr) “security investigation” means an inquiry into any act or attempted act of unlawful interference against civil aviation or any alleged or suspected instance of non-compliance with National Civil Aviation Security Programme or other legal requirements pertaining to civil aviation security;
(zs) “security occurrence” means any act of unlawful interference, or a compliance-breach of the provisions of the Act, or these rules, or National Civil Aviation Security Programme or directions issued by the Director General under the provisions of these rules and includes the identification or observation of a vulnerability that may endanger the civil aviation security;
(zt) “security programme” means written measures specified by the Director General to be undertaken and adopted by an entity to safeguard civil aviation against acts of unlawful interference;
(zu) “security restricted area” means those areas of the airside of an aerodrome which are identified as risk areas where in addition to access control, other security controls are applied and includes but not limited to security hold area;
(zv) “stores (supplies)” means any goods intended for sale or use on an aircraft, including spare parts and other articles of equipment, whether or not for immediate fitting;
(zw) “security test” means a covert or overt trial of an aviation security measure which simulates an attempt to commit an unlawful act;
(zx) “sensitive aviation security information” means information which, if accessed by or disclosed to unauthorised persons, may create or may be used to exploit vulnerabilities or to commit an act of unlawful interference against civil aviation;
(zy) “specified” means the directions issued by the Director General;
(zz) “test object” means object approved by the Director General to test the efficacy of civil aviation security measures;
(zza) “terminal” means the building or group of buildings and includes arrival building, where screening of passenger, baggage, cargo and courier bag is done and boarding on aircraft and de-boarding takes place;
(zzb) “unidentified baggage” means baggage at an aerodrome with or without a baggage tag which is not picked up by or identified by a passenger or any other person;
(zzc) “vulnerable aerodrome area or point” means any facility on or connected with an aerodrome, which, if damaged or destroyed, would seriously impair the functioning of the aerodrome.
(2) The words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act and rules made thereunder.
3. Role and responsibilities of Director General – (1) The Director General shall be responsible for carrying out regulatory and oversight functions in respect of matters relating to civil aviation security.
(2) Without prejudice to the generality of the fore-going power, the Director General may –
(a) develop, implement, maintain and review the National Civil Aviation Security Programme consistent with the provisions of Annex 17 to the Convention to safeguard civil aviation operations against acts of unlawful interference and threat perception taking into account the safety, regularity and efficiency of flights;
(b) make such orders as necessary to implement the National Civil Aviation Security Programme;
(c) make provisions to respond immediately to meet any increased security threat;
(d) coordinate activities between the departments, agencies and other government organisations, aerodrome and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme;
(e) develop, implement, maintain and review the National Civil Aviation Security Training Programme for personnel of all entities involved with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme, which shall be designed to ensure the effectiveness of the said security programme;
(f) make provisions to designate an authority at each aerodrome serving civil aviation who shall be responsible for coordinating the implementation of security controls;
(g) develop, implement, maintain and review a National Civil Aviation Security Quality Control Programme to determine compliance with and validate the effectiveness of its National Civil Aviation Security Programme;
(h) make provisions for security audit, inspection and test to be conducted on a regular basis, to verify compliance with the National Civil Aviation Security Programme and to provide for immediate and effective rectification of any deficiency;
(i) carry out security risk assessment, and to develop guidelines and procedures to adjust relevant element of its National Civil Aviation Security Programme accordingly, based upon a threat assessment carried out by the national security agencies;
(j) make provisions to carry out risk assessment for identified landside areas and to coordinate for establishing landside security measures;
(k) frame guidelines for implementation of appropriate standards, practices, and procedures for protection and preservation of critical civil aviation systems against cyber threats; and
(l) issue directions and guidelines on any matter subsidiary or incidental to the matters referred to in this sub-rule.
4. National Civil Aviation Security Committee – (1) On and from the date of publication of these rules, the National Civil Aviation Security Committee constituted by the Central Government, vide Order AV.13024/58/77-A, dated 18th November, 1977 shall be continued as a Committee for the purposes of these rules.
(2) The Committee referred to in sub-rule (1) has been constituted with a view to coordinate security activities at the national level between the departments, agencies and other entities concerned with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme.
(3) The Committee shall consist of the following Members, namely: –
(a) Secretary, Ministry of Civil Aviation as Chairperson – ex-officio;
(b) such other Members as may be determined by the Central Government; and
(c) the Director General as Member-Secretary-cum-Convener, ex-officio.
5. Airport Security Committee – (1) All airport operators, whose security programme has been approved by the Director General, shall establish an Airport Security Committee in consonance with the National Civil Aviation Security Programme.
(2) The Airport Security Committee referred to in sub-rule (1) shall assist the airport operator in its responsibility for coordinating the implementation of security controls and procedures as specified in the aerodrome security programme.
CHAPTER II
AVIATION SECURITY SERVICE
6. Aviation Security Group – (1) Every aerodrome operator shall engage such number of personnel of government security agency as may be determined by the Central Government for performing security duties assigned to it under these rules.
(2) The personnel engaged under sub-rule (1) shall be designated as Aviation Security Group and one officer of such group as Chief Aerodrome Security Officer by such government security agency.
(3) The Aviation Security Group shall work under the general supervision and direction of the aerodrome-in-charge.
(4) The aerodrome operator shall provide such facility and support to the Aviation Security Group as may be approved by the Director General.
(5) In emergent situations, the Director General may order necessary changes in the deployment of Aviation Security Group.
7. Duties of Chief Aerodrome Security Officer – The Chief Aerodrome Security Officer shall perform the following duties, namely: –
(a) safeguarding of passengers, crew, ground personnel and other aerodrome users, aircraft, aerodrome and related facilities including vulnerable areas or points from acts of unlawful interference;
(b) enforcement of access control measures into the restricted area of the aerodrome;
(c) security of perimeter;
(d) screening of passengers and their cabin baggage;
(e) screening of persons other than passengers together with items being carried by them into the airside;
(f) screening of vehicles together with items contained within them, entering into the airside;
(g) surveillance within and around aerodrome area;
(h) enforcement of security measures including car parks, viewing gallery, aerodrome restaurant and areas close to movement area;
(i) maintenance of order and discipline in the aerodrome premises;
(j) supervise the movement of persons and vehicles in the security restricted areas;
(k) liaison with local police and intelligence agencies; and
(l) any other duty assigned by the Director General within the scope of authority under these rules.
8. Disembarkation of unruly passenger – The Chief Aerodrome Security Officer or any other Officer of the Aviation Security Group authorised by him in this behalf shall, on a written request of the pilot-in-command, assist him in disembarking any person from the aircraft on grounds of risk to safety and security of the aircraft, passengers and the crew.
9. Private Security Agency – (1) Every aerodrome operator shall engage such number of personnel of Private Security Agency as may be determined by the Central Government for performing security duties assigned to them.
(2) The Private Security Agency shall work under the operational supervision and direction of the Chief Aerodrome Security Officer and under the administrative supervision of the Aerodrome Operator.
(3) The Private Security Agency shall be trained as per standards determined by the Central Government and such standards shall, as far as practicable, be in conformity with the standards applicable to the Government personnel.
CHAPTER III
SECURITY CLEARANCE AND SECURITY PROGRAMME
10. Security programme of aerodrome and aircraft operators – (1) Aerodrome operator, aircraft operator, as the case may be, shall develop their respective security programme in consonance with the provisions of these rules and the National Civil Aviation Security Programme, and obtain approval of such programme by the Director General.
(2) The approved security programme shall be implemented and maintained by respective operators.
(3) Any amendment to such programme shall be made after the approval of the Director General.
11. Commencement of operations by aerodrome and aircraft operators – (1) No aerodrome operator or aircraft operator shall commence operation at aerodrome without obtaining approval of security arrangements through security vetting and security programme, as applicable, from the Director General.
Explanation. – For the purposes of this rule, the expression “security vetting” means an evaluation of the present and future security arrangements including the identification of vulnerabilities which could be exploited to carry out an act of unlawful interference, and the recommendation of requirements or corrective actions as specified in the National Civil Aviation Security Programme with regard to any aerodrome, aircraft, place, person or object.
(2) No entity shall commence operation at security restricted areas of an aerodrome without obtaining security clearance and approval of their security programme in accordance with provisions of the National Civil Aviation Security Programme, from the Director General, as applicable, unless exempted in writing by the Director General or the Central Government.
12. Power to suspend or cancel security clearance and security programme – (1) The Director General, after giving the entity an opportunity of being heard, and for reasons to be recorded in writing, may suspend for a period not exceeding one year or cancel or impose conditions in respect of any security clearance granted or security programme approved under these rules, where he has any reasonable grounds to believe and considers such action necessary, in the interests of national security or civil aviation security or if the entity has contravened or failed to comply with any condition of security clearance or security programme or provision of these rules.
(2) After conducting an enquiry by an officer authorised by the Director General, the suspension may be revoked or the security clearance or security programme may be cancelled.
13. Renewal or review of security clearance and security programme – (1) Each entity shall apply for renewal of its approved security clearance and security programme in such form as specified by the Director General.
(2) Each entity shall review its valid security programme periodically as specified by the Director General, and submit amendments or modifications, if any, for the approval of the Director General.
14. Appointment of Chief Security Officer – Each entity shall appoint a person, designated as Chief Security
Officer or Aviation Security Compliance Officer, as applicable, having requisite qualification, training and experience in aviation security and entrust him with the responsibilities, as specified by the Director General.
CHAPTER IV
AVIATION SECURITY MEASURES
15. Operation of entities at aerodrome – No aerodrome operator shall himself operate at the aerodrome or allow any entity or person to operate, provide services or facilities, at security restricted areas of an aerodrome without obtaining security clearance and approval of security programme as applicable and specified by the Director General.
16. Planning, design and lay-out of aerodrome – (1) The planning, design and layout of the aerodrome shall be in accordance with the specifications provided in the National Civil Aviation Security Programme including –
(a) security control applied to passenger, staff, baggage, cargo, courier, express parcel, mail, catering stores and supply, and any other item entering into the aerodrome;
(b) a description of significant features affecting the security of the aerodrome, such as residential areas or any other structure or natural boundary;
(c) protection and control of access to airside, security restricted area, facility and other vulnerable aerodrome area or points;
(d) installation, operation and maintenance of security equipment; and
(e) architectural and infrastructure related requirements.
(2) Every aerodrome operator shall establish security restricted area at aerodrome serving civil aviation, in accordance with the security risk assessment carried out by the Director General.
(3) Aerodrome operator shall make aerodrome design and facilities by integrating security requirements and provisions mentioned in the National Civil Aviation Security Programme.
(4) Each aerodrome operator shall undertake construction of aerodrome or construction of new facilities at aerodrome or part thereof or alteration to existing design and facilities, which have aviation security implications and ramifications, after obtaining the written approval from the Director General.
17. Aerodrome perimeter – Every aerodrome operator shall construct a perimeter wall of the height of 2.438 meter (8ft) with overhung fence of 0.457 meter (1.5 ft.) around the aerodrome:
Provided that the Director General, keeping in view the threat or any other reason, may, by order, modify the specification of the perimeter wall or fence.
18. Provision of lighting, road for patrolling and observation post – The aerodrome operator shall make the following security arrangements at the aerodrome, namely: –
(a) lighting for perimeter and any other vulnerable area;
(b) all-weather road along with the perimeter for patrolling by the security personnel; and
(c) observation or command posts for the security personnel:
Provided that the Director General may, taking into consideration the risk assessments, make such order in writing as may be deemed appropriate for security arrangements.
Explanation. – For the purposes of rule 17 and this rule, the expression “perimeter” means physical structure like wall or fence constructed for peripheral protection of the airside of an aerodrome and other facilities related with civil aviation to prevent unauthorised access to these areas.
19. Protection of facilities under aerodrome operator – Every aerodrome operator shall identify, demarcate and protect all vulnerable areas or points and operations under him including technical and maintenance, power supplies, electrical sub-station, control towers and other building used by air traffic services and communication facilities.
20. Handling of unidentified baggage or suspicious object – The aerodrome operator shall –
(a) construct and maintain a protected and isolated area for placing a suspect or unidentified baggage, cargo, vehicles or aircraft or any other suspicious object; and
(b) take appropriate measures to assess, identify, get it investigated and disposed off.
21. Contingency Plan – (1) The aerodrome operator shall, with the approval of the Director General, develop, implement and maintain contingency plans and provisions for additional security measures in case of security alert to deal with acts of unlawful interference;
(2) The plans referred to in sub-rule (1) shall be tested and reviewed at such regular intervals as specified by the Director General.
22. Entry into aerodrome – (1) The Central Government shall issue guidelines containing conditions for issuance and uses of aerodrome entry permit.
(2) No person shall enter or be allowed to enter in an aerodrome unless he –
(a) is a bona-fide passenger;
(b) has been issued with valid aerodrome entry permit;
(c) has been issued with valid visitor admission ticket; or
(d) permitted in writing by the Director General or Central Government.
(3) No vehicle shall be permitted to enter into aerodrome or be allowed to remain in the airside unless such vehicle is –
(a) issued with a valid vehicle entry permit; or
(b) especially permitted in writing by the Director General.
(4) Any person, vehicle, permitted to enter into aerodrome shall comply with the conditions of such permit at all times.
23. Security measures related with vehicles – Each aerodrome operator shall ensure to establish provisions for applying screening or other appropriate security controls to vehicles being granted access to airside, together with items contained within them, as specified by the Director General.
24. Issue of aerodrome entry permit and vehicle entry permit – (1) The aerodrome entry permit and vehicle entry permit shall be issued as per such procedure laid down by the Central Government.
(2) The aerodrome operator shall ensure that unused visitor admission tickets are always kept secured, and areas and systems being used for issuing aerodrome entry permit and visitor admission tickets are secured by access control systems.
25. Background check of employees – Each entity shall ensure that the initial and periodic background checks for each employee working at the airside or having access to sensitive aviation security information are carried out in accordance with the procedure determined by the Director General.
26. Display of aerodrome entry permit and vehicle entry permit – (1) The aerodrome entry permit shall be displayed by the holder conspicuously above waist level at all times while on duty.
(2) The holder of a vehicle entry permit shall display such permit, on the left side of the front windscreen of such vehicle, at all times when the vehicle is in the airside.
(3) The aerodrome entry permit is not transferrable unless subject to such grounds, exempted by the Central Government.
27. Surrender of aerodrome entry permit and vehicle entry permit – The aerodrome entry permit and vehicle entry permit shall be surrendered, as applicable, to the Director General or to any person authorised by the Central Government in this behalf, as per procedure determined by the Central Government.
28. Maintenance and availability of stop list – The authorised issuing authorities of entry permits shall maintain a stop list and each aerodrome operator shall make it available, at all access points and security restricted areas, to Aviation Security Group and other relevant entities exercising access control, as per procedure determined by the Central Government.
29. Reserved right of admission – Notwithstanding anything contained in this rule, the aerodrome operator or the Director General, may, if he is satisfied that it is necessary or expedient so to do in the interest of security –
(a) refuse admission to any person in the aerodrome; or
(b) require any person to leave the aerodrome.
30. Prohibition to carry weapons or explosive – No person shall enter aerodrome or the aircraft with any weapon, firearm, ammunition or explosive:
Provided that the provisions of this sub-rule shall not be applicable to –
(a) the Aviation Security Group, armed forces and police personnel required to carry their weapon, firearms or ammunition in connection with the performance of their duties;
(b) bonafide passengers having valid permission from the concerned authority for carriage of arms and ammunition by air and for legitimate reasons; and
(c) to such test objects which are authorised by the Director General, for the purpose of testing the efficacy of aviation security.
31. Entry into security restricted area and security hold area – (1) No vehicle, person and baggage or item or supplies or stores or tools of trade carried by such person shall be allowed to enter into the security restricted area without applying security controls as per procedures determined by the Director General.
(2) Before granting access to security hold areas, the Aviation Security Group shall screen every person, baggage, belongings, supplies, stores, unless, subject to such conditions, exempted in writing by the Central Government.
32. Security check before embarkation – (1) Before embarkation, every originating passenger and transfer passenger boarding an aircraft and his cabin baggage, if any, shall be screened by an officer of the Aviation Security Group or an officer duly authorised in this behalf by the Director General.
(2) The provisions of sub-rule (1) shall be applicable to the transit passengers only if they disembark from the aircraft:
Provided that the provisions of this rule shall not be applicable to such persons as may be specified by the Director General by a written order.
Explanation. – For the purposes of this sub-rule, the expression “transit passengers” means passengers departing on the same flight as that on which they arrived.
(3) Aviation Security Group and aircraft operator shall protect the passenger and their screened cabin baggage from unauthorised interference from the point of screening to boarding the aircraft.
33. Prohibition on carriage of certain articles – (1) The Director General may, by an order in writing, prohibit the carriage of certain articles on person or in baggage of passenger and crew member which, in his opinion, is likely to be used for committing acts of unlawful interference with civil aviation.
(2) Where prohibited articles are detected during screening, action shall be taken in accordance with the provisions of these rules or any other law for the time being in force.
34. Deployment of security staff by aircraft operator – An aircraft operator shall engage only those personnel for security duties who are regular employees, whose background checks have been successfully conducted initially and periodically thereafter, and who are employed after proper selection, appropriate training and certification as specified by the Director General:
Provided that an aircraft operator may enter into a contract with an Indian scheduled carrier or an aerodrome operator for performance of security functions and engage for such security functions, regular employees of the Indian scheduled carrier or the aerodrome operator, as the case may be, who meet the requirements specified in the rule.
35. Security check or search of aircraft – (1) Each aircraft operator shall carry out the check or search of his aircraft as specified by the Director General –
(a) before first departure of the day, only after all maintenance and cleaning staff have vacated and before embarkation of the passengers;
(b) between each flight before boarding of passengers after disembarkation; and
(c) as and when directed by him.
(2) Each aircraft operator operating to or from India shall ensure removal from the aircraft, any item left behind by passengers disembarking from flight and its disposal.
36. Access control to aircraft – (1) The aircraft operator shall control access to aircraft and maintain surveillance from the security search or check till the departure of the aircraft.
(2) The aircraft operator shall secure the non-operational aircraft by maintaining surveillance and keeping the following security measures, namely: –
(a) cabin doors closed;
(b) aerobridges and ventral stairs secured, withdrawn or retracted;
(c) tamper evident stick-on security seals on panels, compartments and doors; and
(d) any additional security measures determined by the Director General from time to time.
37. Protection and access control of the cockpit door and flight-crew compartment – Every aircraft operator shall, –
(a) ensure that cockpit doors of aircraft are locked during, all phases of flight, unless required to be opened for operational reasons;
(b) establish and maintain communication system between the flight crew and cabin crew during flight; and
(c) assign responsibility of access control of cockpit to pilot-in-command.
38. Deployment of In-Flight Security Officer – The aircraft operator shall-
(a) carry such number of in-flight security officer on board a passenger aircraft, as the Director General may specify by an order in writing; and
(b) declare to the pilot-in-command the number of in-flight security officers and their seat locations.
39. Security control for hold baggage – (1) The aircraft operator or the aerodrome operator, as the case may be, shall screen and protect hold baggage from unauthorised interference, from the point it is screened or accepted into the custody of the operator, as applicable, until departure of the aircraft on which it is to be carried, in such a manner as specified by the Director General.
(2) An aircraft operator shall carry out the identification and reconciliation of hold baggage in such manner as specified by the Director General by an order in writing.
(3) The aircraft operator shall ensure the screening of transfer hold baggage before loading into an aircraft:
Provided that the hold baggage screened at the point of origin and subsequently protected from unauthorized interference from the originating aerodrome to the departing aircraft at the transfer aerodrome, shall not be subjected to screening.
40. Carriage of prisoners in aircraft – The aircraft operator shall carry any prisoner, in such manner as specified by the Director General.
Explanation- For the purposes of this rule, the expression, “prisoner” means a person who is confined in any prison and includes a person who is arrested under any law for the time being in force.
41. Carriage of cargo, mail, catering supplies, catering stores and other stores – No aircraft operator shall accept on board any cargo, mail, catering supplies, catering stores and other stores and supplies unless appropriate security controls have been applied in such a manner as specified by the Director General.
42. Detention of aircraft – The Director General or any other person authorised in this behalf by the Central Government may, for reasons to be recorded in writing, detain an aircraft if in his opinion, –
(a) the aircraft has on board unauthorized arms, explosives or other sabotage devices which are likely to cause danger to the security of that aircraft;
(b) the aircraft has on board a person who has gained entry in unauthorized manner or is likely to cause unlawful interference with civil aviation operation; or
(c) the detention is necessary to secure compliance with any of the provisions of these rules.
43. Cargo, express cargo and mail – (1) Any cargo, express cargo, mail or courier bag intended to be carried on any aircraft, shall be subjected to appropriate security controls by regular employees of aircraft operator or regulated agent or known consignor, who are trained in accordance with the National Civil Aviation Security Training Programme.
(2) No cargo shall be loaded on to an aircraft without applying appropriate security controls including, but not limited to, X-ray screening and physical search:
Provided that the Director General may, by an order in writing and subject to such reasons as may be specified therein, exempt any cargo, express cargo or mail from the provisions of this rule.
44. Security control for Cargo, express cargo and mail by aircraft operator – (1) An aircraft operator accepting consignment from a regulated agent or known consignor for transportation on his aircraft shall, –
(a) conduct inspection of such consignment as specified by the Director General;
(b) ensure that additional security measures are applied to high-risk cargo or mail to mitigate the threat associated with it as specified by the Director General; and
(c) ensure the safeguarding of such consignment against unlawful interference from the acceptance until it has been placed in the aircraft.
(2) An aircraft operator shall ensure, –
(a) application of security controls on consignment to prevent acts of unlawful interference against civil aviation, which are accepted from a consignor or any authorised representative of the consignor, that is not a regulated agent or known consignor; and
(b) that transfer cargo and mail are subjected to appropriate security controls prior to being loaded on aircraft as specified by the Director General.
45. Prohibition on carriage of certain goods – (1) The Director General may, by an order in writing and subject to the reasons specified therein, prohibit the carriage of certain goods through cargo or courier bags or mail.
(2) The consignment containing prohibited articles shall not be loaded on aircraft:
Provided that the Director General may, by an order and subject to such conditions as may be specified therein, permit certain prohibited articles to be loaded on aircraft.
46. Security control for cargo, express cargo and mail by regulated agent – (1) The aircraft operator may engage regulated agent for applying security control on cargo, courier and mail to be carried by air, who shall function as per the procedure determined by the Director General.
(2) The regulated agent shall ensure, —
(a) the safeguarding of consignment against unlawful interference from the acceptance until such consignment has been handed over to the security staff of the aircraft operator or staff of the security service provider;
(b) the security of his buildings, premises, transport facilities and cargo warehouses;
(c) that all related security documents of consignment are maintained;
(d) recruitment and training of security staff intended to apply security controls at regulated agent facility, as per such provisions determined by the Director General; and
(e) that additional security controls have been applied to high-risk cargo or mail to mitigate the threat associated with it as specified by the Director General.
47. Acceptance of catering supplies and stores by aircraft operator – An aircraft operator shall not accept any catering supplies and stores from catering establishment for transportation by aircraft, unless security programme of catering establishment is approved by the Director General.
48. Responsibilities of Catering Establishment – Each Catering Establishment shall ensure, –
(a) the security of catering stores and supplies accepted at its facility through its regular employees; and
(b) the security of its buildings, premises and transport facilities through its regular employees or by such agency which is approved by the Director General;
49. Identification, risk assessment and security measures for protection of critical information and communication technology systems and data – (1) Each entity shall identify its critical information and communication technology systems and data used for civil aviation purposes and, in accordance with a risk assessment and National Civil Aviation Security Programme, shall develop and implement appropriate security measures to protect it from unauthorised access, modification and use.
(2) Each entity shall entrust the responsibility for securing critical information and communication technology systems and data to properly selected, recruited and appropriately trained staff.
(3) The qualifications and eligibility criteria of staff referred to in sub-rule (2) shall be such as may be determined by the entity in consultation with the Central Government.
50. Detection of cyber-attack and cyber security response plan – Each entity shall develop and implement processes and procedures for detecting unauthorised access to their critical information and communication technology systems and data and also establish a cyber-security response plan, with such parameters as specified by the Director General.
CHAPTER V
SECURITY OCCURRENCE OR INCIDENTS
51. Reporting of security occurrence or incident – Every entity shall report the security occurrence or security incident as specified by the Director General.
52. Security investigation of security occurrence or incident – (1) The Director General may, by an order in writing, direct security investigation of any security occurrence or incident, reported to him or which comes to his notice, and appoint an officer not below the rank of Assistant Director as an Inquiry Officer.
(2) The Inquiry Officer referred to in sub-rule (1) shall conduct the inquiry by affording an opportunity of being heard to all concerned and submit a Report in writing to the Director General.
53. Power of Inquiry Officer – For the purpose of inquiry, an Inquiry Officer shall have power,-
(a) to require, by notice, the attendance of any person and entity;
(b) to require any such person to make and to sign a declaration regarding the true nature of the statements made by him;
(c) to cause the production of any required certificate, book, manual, record, list, notice, other document and article; and
(d) to have access to and examine any aircraft or place.
CHAPTER VI
PROTECTION OF INFORMATION AND RECORDS
54. Protection of sensitive aviation security information – All entities shall ensure that their security programme and other sensitive aviation security information and its contents are protected against unauthorised access, amendment and disclosure.
55. Unauthorised disclosure of sensitive aviation security information – No person shall disclose any sensitive aviation security information, other than in such manner and to such person as specified by the Director General, which has been acquired by him for and during performance of his assigned duties unless such disclosure may be required under the Act, or these rules, or as may be required by the Central Government, or any officer authorised on its behalf, or process of law.
56. False statements, entries or unauthorized reproduction – No person shall make or cause to be made, any of the following, namely: –
(a) a fraudulent or intentionally false statement or alteration of any material information in any documents submitted to the Director General;
(b) a fraudulent or intentionally false entry or alteration of any material information in any record or report that is kept, made or used to show compliance of this rule;
(c) unauthorised reproduction or alteration or forgery of any report, record, document, security clearance, security programme, aerodrome entry permit, training certificates or any other permissions granted by the Director General or an officer authorised by the Director General.
57. Retention of Records – Every entity shall retain the records of documents, data, or information in such manner and time as specified by the Director General.
CHAPTER VII
GENERAL
58. Security audit and security inspection – (1) Any person, authorised by the Director General in writing may, at all reasonable times, enter any place or aircraft to which access is necessary to audit and inspect the facilities, services, equipment, documents and records for the purpose of compliance of National Civil Aviation Security Programme and with the provisions of these rules.
(2) An entity shall, upon request from such authorised person, present records, data and all other information as requested.
(3) Each entity shall develop, implement and maintain a written internal quality control programme, as applicable, in consonance with the National Civil Aviation Security Programme and the National Civil Aviation Security Quality Control Programme.
59. Security training of employees – Each entity shall ensure that employees engaged by them, in security or non-security duties, are trained and qualified in initial and refresher training, as specified by the Director General in National Civil Aviation Security Training Programme.
60. Certification and competency of screener – No entity shall deploy any employee for screening duties unless he is properly selected, appropriately trained and maintains required competencies through initial and refresher training in accordance with the National Civil Aviation Security Training Programme.
61. Installation, Operation and maintenance of security equipment – (1) No entity shall install and operate any security equipment that does not meet the minimum specification criteria as determined by the Director General or the Central Government.
(2) Each entity shall ensure that the security equipment deployed by them for aviation security purpose is maintained in operational condition.
62. Directions by Director General – (1) The Director General may, in the interests of national security, issue such directions in written, consistent with the provisions of the Act and the rules made thereunder and such directions shall be binding on the persons to whom such directions are issued.
(2) The Director General may, by a general or special order in writing and subject to such conditions mentioned therein, exempt any aircraft or class of aircrafts or any person or class of persons from the operations of the directions issued under this rule, either wholly or partially.
63. General power to exempt – The Central Government may, by a general or special order in writing and subject to such conditions mentioned therein, exempt any aircraft or class of aircrafts or any person or class of persons from the operations of the orders issued under these rules, either wholly or partially.
CHAPTER VIII
APPEALS, COMPOUNDING OF OFFENCES AND PENALTY
64. Appeals – (1) Any person, aggrieved by an order passed by an officer in exercise of the powers conferred on him by these rules, may prefer an appeal, to first appellate officer having jurisdiction in the matter and is next higher in rank to the officer who has passed such order, within a period of thirty days from the date on which the copy of the said order is received by him:
Provided that the appeal may be entertained even after expiry of the period of thirty days, if the appellant or applicant has shown a sufficient reason for not filing the appeal within that period.
(2) The appellate officer may after giving the parties to the appeal, an opportunity of being heard, pass such order as he deems fit, confirming, modifying or setting aside the order appealed against.
(3) Notwithstanding anything contained in sub-rule (1), in case of an order passed by the Director General, the appeal shall lie to the Secretary to the Government of India in the Ministry dealing with the Civil Aviation matters and no further appeal shall lie against such order of the said Secretary.
(4) An order issued under section 5A of the Act shall not be appealable under this rule.
65. Offences and Compounding – (1) For the purposes of sub-section (2) of section 10 of the Act, the Central Government directs that any person, who has contravened any rule as specified in Table 1 of First Schedule of these rules, shall be liable with the penalty as specified in paragraph 1 of the First Schedule.
(2) Subject to the provisions of section 12A of the Act, offences punishable under sections 10, 11, 11A and section 12 of the said Act and rules as specified in First Schedule to these rules, may be compounded by the Director-General or any other officer specially empowered under sub-section (4) of section 4B of the said Act, in accordance with the procedure as laid down in the First Schedule.
66. Penalties – (1) Any person, who has contravened any rule as specified in the Second Schedule of these rules, shall be liable for imposition of penalty to the extent as laid down in Second Schedule and in accordance with the provisions of section 10A of the Act.
(2) The penalty shall be adjudicated by the designated officers or the appellate officer, as the case may be, in accordance with the procedure as laid down in the Second Schedule.
[F. No. AV-13024/11/2022-AS]
SHRI PRAMOD KUMAR THAKUR, Dy. Director General
FIRST SCHEDULE
(See rule 65)
Punishment and Compounding of Offences
1. Offences punishable under the Aircraft (Security) Rules, 2023 with imprisonment for a term not exceeding two years or with fine not exceeding one crore rupees, or with both and amount for compounding thereof:
FORM B
(See rule 66)
Form of appeal to the appellate officer
1.
Name(s) of Appellant
2.
Address
3.
Email address
4.
Phone No.
5.
Order No. with date, against which the appeal is preferred
(Copy of the order to be enclosed)
6.
Name and post of the designated officer by whom the order is passed
7.
Contravention of rules for which order was passed
46 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
8.
Operative part of order
9.
Date on which the copy of order received by the appellant
51.
Date of completion of 30 days limitation period
52.
Brief facts of the case
53.
Grounds of appeal
54.
Prayer of the appellant
55.
Fee and transaction details
Verification
I___________________________ , the appellant, do hereby declare that what is stated above is true to the best of my
information and belief.
Name and signature of the Appellant
Date:
Place:
Table I
| Sl. No. | Subject matter of non-compliance | Relevant rule | Amount for compounding of offence committed by individual (in rupees) |
| 1. | Non-compliance of rule 10 in respect of security programme of aerodrome and aircraft operators | sub-rules (1) and (2) of rule 10 | Twenty-five lakh |
| 2. | Non-compliance of rule 11(1) in respect of commencement of operations by aerodrome and aircraft operators | rule 11 (1) | Twenty-five lakh |
| 3. | Non-compliance of rule 11 (2) in respect of security clearance and security programme of entities operating at aerodrome | rule 11(2) | Two lakh |
| 4. | Non-compliance of rule 13 (1) in respect of renewal of security clearance and security programme by the entities before expiry of security clearance and security programme | rule 13(1) | one Lakh |
| 5. | Non-compliance of rule 15 in respect of operation of entities at aerodrome without security clearance and security programme | rule 15 | Two Lakh |
| 6. | Non-compliance of rule 16 in respect of planning, design and layout of the aerodrome security | rule 16 | Ten Lakh |
| 7. | Non-compliance of rule 21 in respect of contingency plan by aerodrome operator | sub-rules (1) and (2) of rule 21 | Two Lakh |
| 8. | Non-compliance of the provisions of entry into aerodrome | sub-rules (2) and (3) of rule 22 | Fifty thousand |
| 9. | Contravention of rule 24(1) in respect of Issue of aerodrome entry permit and vehicle entry permit | rule 24(1) | One Lakh |
| 10. | Non-compliance of the direction in respect of surrender of aerodrome entry permit and vehicle entry permit | rule 27 | Ten thousand |
| 11. | Contravention of rule 26(3) in respect of prohibition of transfer of aerodrome entry permit | rule 26(3) | Fifty thousand |
| 12. | Non-compliance of the direction related with reserved right of admission under rule 29 | rule 29 | Fifty thousand |
| 13. | Contravention of rule 30 in respect of prohibition to carry weapons or explosive | rule 30 | Non – Compounding |
| 14. | Contravention of the provision of entry into security restricted area | sub rule (1) of rule 31 | Fifty thousand |
| 15. | Contravention of provision in respect of entry into security hold area | sub rule (2) of rule 31 | Fifty thousand |
| 16. | Non-compliance of direction to carry deployed In-Flight Security Officer | rule 38 | Non – Compounding |
| 17. | Non-compliance of the direction issued under rule 42 | rule 42 | Non – Compounding |
2. Amount for compounding of offences punishable under sections 10, 11, 11A and section 12 of the Aircraft Act, 1934 (22 of 1934):
Table II
| Sl. No. |
Offence and relevant section | Amount for compounding of offence committed by individual (in rupees) |
| 1. | Offence punishable under sub-section (1) of section 10 (except the offence related to carriage of arms and explosives) | Twenty-five Lakh |
| 2. | Offence punishable under section 11 | Twenty-five Lakh |
| 3. | Offence punishable under section 11A | Twenty-five Lakh |
| 4. | Offence punishable under section 12 | Amount provided for such offences |
3. Where such offence has been committed by the organisation, the amount for compounding of offences shall be as under: –
Table III
| Contravention committed by | Number of employees | Amount for compounding of offence (in rupees) |
| Entity (small) | Up to 150 employees | 200 per cent. of the amount as provided for such offences by the individual in paragraphs 1 and 2 of First Schedule, as applicable. |
| Entity (medium) | More than 150 and up to 300 employees | 300 per cent. of the amount as provided for such offences by the individual in paragraphs 1 and 2 of First Schedule, as applicable. |
| Entity (large) | More than 300 employees | 400 per cent. of the amount as provided for such offences by the individual in paragraphs 1 and 2 of First Schedule, as applicable. |
Interpretation: (1) “Individual” means a natural person.
(2) “Employee” means an individual appointed, employed or engaged by the organisation whether contractual, temporary or permanent.
4. Procedure for compounding of offences.
(1) An application for compounding of an offence shall be made by the applicant to the Director-General or any officer specially empowered by the Central Government in this behalf in “Form A” along with the fee of one thousand rupees in such manner as determined by the Director-General.
(2) On receipt of the application for compounding, such officer shall examine the application based on the documents submitted and submissions made in the application.
(3) Such officer may call for any information, record or any other document from the applicant, if the same is considered relevant to the compounding proceedings and in case the contravener fails to submit the additional information or documents called for within the specified period, the application for compounding shall be liable for rejection.
(4) Such officer may issue notice to all the concerned of the case to participate in the proceedings.
(5) During the compounding proceedings, such officer shall, after giving an opportunity to the applicant of being heard, determine the amount for compounding of offence in accordance with the Tables of paragraphs 1, 2 and paragraph 3 and where the decision of such officer in respect the amount so determined is not acceptable to the applicant then the applicant shall submit the same in writing to such officer within three days or within such reasonable period as determined by such officer.
(6) After such submission by the applicant or non-submission with in such reasonable time, the compounding proceedings shall cease and the matter shall be proceeded further in accordance with the provisions of the Act and these rules and the officer shall prepare a report in respect of these proceedings.
(7) The amount for which the contravention is compounded shall be paid in the manner as specified by the Director General within the thirty days of the date of decision of compounding.
(8) In case a person fails to pay the amount for compounding within thirty days of the order, he shall be deemed to have never made an application for compounding of any offence under the provisions of the Act and these rules.
(9) The process of compounding of offences shall be completed expeditiously and not later than sixty days from the date of application and this period of sixty days may be extended up to ninety days by the Director General, for reasons to be recorded in writing, in exceptional circumstances.
| FORM A
(See rule 65) Application for compounding of Offence |
||
| 1. | Name(s) of the applicant | |
| 2. | Address | |
| 3. | Email Address | |
| 4. | Phone No. | |
| 5. | The Authority before whom the case is pending | |
| 6. | Contravention of sections or rules | |
| 7. | Brief facts of the case | |
| 8. | Any other information relevant to the case | |
| 9. | Prayer of the applicant | |
| 4. | Fee and transaction details | |
| 5. | Attachment, if any | |
Verification
I_________________ , the applicant, do hereby declare that what is stated above is true to the best of my information and belief.
Name and signature of the Applicant
Date:
Place:
SECOND SCHEDULE
(See rule 66)
Penalties
(1) Classification of severity levels of contravention and penalties thereof: –
Table I
| Sl. No. | Severity level (in rupees) | Individual | Organisation (Small) | Organisation (Medium) | Organisation (Large) |
| Up to 150 employees | More than 150 and up to 300 employees | More than 300
employees |
|||
| 1. | Level -1 | Ten thousand | Fifty thousand | One Lakh | Five Lakh |
| 2. | Level -2 | Fifteen Thousand |
One Lakh | Five Lakh | Ten Lakh |
| 3. | Level -3 | Twenty-Five Thousand | Ten Lakh | Twenty Lakh | Thirty Lakh |
| 4. | Level -4 | Fifty Thousand | Twenty Lakh | Thirty Lakh | Fifty Lakh |
| 5. | Level -5 | Seventy-Five Thousand | Thirty Lakh | Fifty Lakh | Seventy-Five Lakh |
| 6. | Level -6 | One Lakh | Fifty Lakh | Seventy-Five Lakh | One Crore |
Table II
| Sl. No. |
Nature of contravention or non-compliance | Relevant rules | Severity level of contravention or violation or noncompliance |
| 1. | Non-setting up of the Airport Security Committee | sub-rule (1) of rule 5 | Level –1 |
| 2. | Amending security programme without the approval of Director General | sub-rule (3) of rule 10 | Level – 3 |
| 3. | Non-reviewing of security programme by the entities | sub-rule (2) of rule 13 | Level –1 |
| 4. | Not appointing the Chief Security Officer | rule 14 | Level –2 |
| 5. | Contravention of rule 17 in respect of aerodrome perimeter | rule 17 | Level –2 |
| 6. | Contravention of rule 18 in respect of provision of lighting, road for patrolling and observation post by aerodrome operator | rule 18 | Level –2 |
| 7. | Contravention of rule 19 in respect of protection of facilities owned by aerodrome operator | rule 19 | Level –2 |
| 8. | Contravention of rule 20 in respect of handling of unidentified baggage or suspicious object | rule 20 | Level –2 |
| 9. | Contravention of sub-rules (1) and (4) of rule 6 in respect of deployment of Aviation Security Group and providing support and facility to them by aerodrome operator | sub-rules (1) and (4) of rule 6 | Level –2 |
| 10. | Contravention of sub-rules (1) and (3) of rule 9 in respect of deployment of Private Security Agency | sub-rules (1) and (3) of rule 9 | Level -1 |
| 11. | Contravention of sub-rule (4) of rule 22 in respect of entry into aerodrome | sub-rule (4) of rule 22 | Level –1 |
| 12. | Non-compliance of security measures related with vehicles | rule 23 | Level –1 |
| 13. | Contravention of rule 25 in respect of background check of employees | rule 25 | Level –1 |
| 14. | Contravention of sub rule (2) of rule 24 in respect of protection and access control of aerodrome entry permit and visitor admission ticket related system | sub rule (2) of rule 24 | Level – 1 |
| 15. | Non-compliance in respect of display of aerodrome entry permit | sub rule (1) of rule 26 | Level -1 |
| 16. | Non-compliance in respect of display of vehicle entry permit | sub rule (2) of rule 26 | Level -1 |
| 17. | Non-compliance in respect of maintenance and availability of stop-list by aerodrome operator | rule 28 | Level – 1 |
| 18. | Non-compliance of sub-rule (3) of rule 39 in respect of security check before embarkation by aircraft operator | Sub-rule (3) of rule 32 | Level -4 |
| 19. | Contravention of sub-rule (2) of rule 33 in respect of prohibition on carriage of certain articles | sub-rule (2) of rule 33 | Level -5 |
| 20. | Contravention of rule 34 in respect of deployment of security staff by aircraft operator | rule 34 | Level – 2 |
| 21. | Non-compliance of sub-rules (1) and (2) of rule 35 in respect of security check and search of aircraft, and removal of item left behind by disembarking passengers | sub-rules (1) and (2) of rule 35 | Level – 2 |
| 22. | Non-compliance of sub-rules (1) and (2) of rule 36 in respect of access control to aircraft by aircraft operator and securing of non-operational aircraft | sub-rules (1) and (2) of rule 36 | Level – 4 |
| 23. | Non-compliance of protection and access control of the cockpit door and flight-crew compartment | rule 37 | Level – 6 |
| 24. | Non-compliance of security control for hold baggage | sub-rule (1) of rule 39 | Level – 5 |
| 25. | Non-compliance of identification and reconciliation of hold baggage | sub-rule (2) of rule 39 | Level – 4 |
| 26. | Non-compliance of security measures for transfer baggage | sub-rule (3) of rule 39 | Level – 2 |
| 27. | Contravention of rule 40 on carriage of prisoners in aircraft | rule 40 | Level – 3 |
| 28. | Contravention of rule 41 on carriage of cargo, mail, catering supplies, catering stores and other stores | rule 41 | Level – 2 |
| 29. | Non-compliance of sub-rules (1) and (2) of rule 43 in respect of cargo, express cargo and mail | sub-rules (1) and (2) of rule 43 | Level – 2 |
| 30. | Contravention of sub-rules (1) and (2) of rule 44 in respect of security control for cargo, express cargo and mail by aircraft operator | sub-rules (1) and (2) of rule 44 | Level – 2 |
| 31. | Contravention of sub-rules (1) and (2) of rule 45 in respect of prohibition on carriage of certain goods | sub-rules (1) and (2) of rule 45 | Level -5 |
| 32. | Contravention of rule 46 in respect of security control for cargo, express cargo and mail by regulated agent | rule 46 | Level – 4 |
| 33. | Contravention of rule 47 in respect of acceptance of catering supplies and stores by aircraft operator | rule 47 | Level – 2 |
| 34. | Contravention of rule 48 in respect of responsibilities of catering establishment | rule 48 | Level – 2 |
| 35. | Contravention of rule 51 in respect of reporting of security occurrence or incident | rule 51 | Level – 1 |
| 36. | Non-compliance of the directions issued in exercising power of the Inquiry Officer under rule 53 | rule 53 | Level – 1 |
| 37. | Contravention of sub-rule (1) of rule 49 in respect of identification, risk assessment and protection of critical information and communication technology systems and data |
sub-rule (1) of rule 49 | Level -1 |
| 38. | Contravention of sub-rules (2) and (3) of rule 49 in respect of security measures for critical information and communication technology systems and data | sub-rules (2) and (3) of rule 49 | Level -1 |
| 39. | Contravention of rule 50 in respect of detection of cyber-attack and cyber security response plan | rule 50 | Level – 1 |
| 40. | Contravention of rule 54 in respect of protection of sensitive aviation security information | rule 54 | Level – 1 |
| 41. | Contravention of rule 55 in respect of unauthorised disclosure of sensitive aviation security information | rule 55 | Level –2 |
| 42. | Contravention of rule 56 in respect of false statements, entries or unauthorized reproduction | rule 56 | Level – 1 |
| 43. | Contravention of rule 57 in respect of retention of records | rule 57 | Level – 1 |
| 44. | Denial of access to an authorized person for security audit and security inspection | sub-rule (1) of rule 58 | Level – 1 |
| 45. | Contravention of sub-rule (2) of rule 58 in respect of security audit and security inspection | sub-rule (2) of rule 58 | Level – 1 |
| 46. | Contravention of sub-rule (3) of rule 58 in respect of internal quality control by entities | sub-rule (3) of rule 58 | Level – 1 |
| 47. | Contravention of rule 59 in respect of security training of employees | rule 59 | Level – 1 |
| 48. | Contravention of rule 60 in respect of certification and competency of screener | rule 60 | Level – 1 |
| 49. | Contravention of rule 61 in respect of installation, operation and maintenance of security equipment | rule 61 | Level – 2 |
| 50. | Non-compliance with the directions issued under rule 62 | rule 62 | Up to level – 6. In case penalty has already been provided in any rule for the same contravention, then the penalty as specified for that rule shall prevail. |
3. Procedure for adjudication of penalty by designated officers: —
3. Procedure for adjudication of penalty by designated officers: —
(1) The designated officer upon his satisfaction that a person has contravened any of the rule as specified in the Table II under paragraph 2 above, he may, after giving a reasonable opportunity of being heard to such person, by an order in writing, impose penalty in accordance with Tables I and II under paragraphs 1 and 2 respectively, upon such person, stating the nature of contravention, the provision of rules which have been contravened and the reasons for imposing such penalty along with the demand notice.
(2) The designated officer shall not proceed for imposition of penalty against a person, where it comes to his notice that the proceeding for suspension or cancellation of clearance, permit, certificate or approval as the case may be, has been initiated in pursuance of the section 10Bof the Act for contravention of same rule on same cause of action.
(3) A copy of penalty order passed along with the demand notice by the designated officer shall be served upon such person by a recognized mode of service.
(4) The person aggrieved by the order issued under sub-paragraph (1), may prefer an appeal in the Form B along with the fee of one thousand rupees in the manner as determined by the Director General, within thirty days from the date on which the copy of order issued by the designated officer is received by such person.
(5) The appellate officer shall, after giving an opportunity of being heard to the appellant, pass a speaking order, confirming, modifying or setting aside the order issued by the designated officer.
(6) The copy of appellate order passed by appellate officer shall be provided to the appellant and the concerned designated officer.
(7) The designated officer, within thirty days from the date of the receipt of such order passed by the appellate officer, shall grant the effect to the order by issuing a revised demand notice to the person against whom the order has been passed for the amount of penalty imposed in the order.
(8) The penalty thus imposed shall be paid by such person in the manner as determined by the Director-General within thirty days of the service of demand notice upon the person.
(9) In case the person on whom the penalty is imposed fails to pay such amount of penalty within the time as stipulated in demand notice, then, the proceeding for cancellation or suspension of any license, certificate, authorization, permit or approval, as the case may be initiated under these rules.
| FORM B
(See rule 66) Form of appeal to the appellate officer |
||
| 1. | Name(s) of Appellant | |
| 2. | Address | |
| 3. | Email address | |
| 4. | Phone No. | |
| 5. | Order No. with date, against which the appeal is preferred (Copy of the order to be enclosed) |
|
| 6. | Name and post of the designated officer by whom the order is passed | |
| 7. | Contravention of rules for which order was passed | |
| 8. | Operative part of order | |
| 9. | Date on which the copy of order received by the appellant | |
| 51. | Date of completion of 30 days limitation period | |
| 52. | Brief facts of the case | |
| 53. | Grounds of appeal | |
| 54. | Prayer of the appellant | |
| 55. | Fee and transaction details | |
Verification
I___________________________ , the appellant, do hereby declare that what is stated above is true to the best of my information and belief.
Name and signature of the Appellant
Date:
Place:
