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Core Purpose

Draft notification amending the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015, to revise the validity period of No Objection Certificates and omit rule 16.

Detailed Summary

The Ministry of Civil Aviation published, vide G.S.R. 496(E) dated 10th July 2023, draft rules further amending the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015, in exercise of powers under sub-section (1) and clauses (o) and (r) of sub-section (2) of section 5 read with section 9A of the Aircraft Act, 1934 (22 of 1934), as required by section 14 of that Act, inviting objections or suggestions within thirty days to the Deputy Secretary, Government of India, 'B' Block, Rajiv Gandhi Bhawan, New Delhi-110003, or by email to [email protected]; the draft amendment rules substitute rule 9A to fix the validity of a No Objection Certificate issued under rule 5 at twelve years from its date of issue (with an equivalent twelve-year extension available for NOCs issued under S.O. 84(E) dated 14th January 2010 upon application to the Airports Authority of India or relevant defence authorities, and mandatory fresh application on expiry), and omit rule 16; the principal rules were published as G.S.R. 751(E) dated 30th September 2015 and last amended vide G.S.R. 702(E) dated 13th September 2022; signed by Rubina Ali, Joint Secretary (File No. AV-24011/28/2017-AAI-MOCA-Part(1)).

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 397] NEW DEL HI, TUES DAY, JULY 11, 2023/ASHADHA 20, 194 5 CG-DL-E-11072023-247230 MINISTRY OF CIVIL AVIATION NOTIFICATION New Delhi, the 10th July, 202 3 G.S.R . 496(E).—The following draft of certain rules further to amend the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015, which the Central Government proposes to make in exercise of the powers conferred by sub -section (1 ) and clause (o) and clause (r) of sub -section (2) of section 5 read with section 9A of the Aircraft Act, 1934 (22 of 1934), is hereby published as required by Section 14 of the said Act, for information to all persons likely to be affected thereby; a nd notice is hereby given that the said draft rules will be taken into consideration after a period of thirty days from the date on which copies of the Gazette of India, in which this notification is published, are made available to the public; Objections or suggestions, if any, may be addressed to Deputy Secretary to the Government of India, ‘B’ Block, Rajiv Gandhi Bhawan, New Delhi – 110003; or mailed to [email protected] Any objection or suggestion which may be received from any person with respect to the said draft rules before the expiry of the period specified above will be considered by the Central Government . Draft Rules 1. (1) These rules may be called the Ministry of Civil Aviation (Height Restric tions for Safeguarding of Aircraft Operations) Amendment Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations ) Rul es, 2015, in rule 9A, the following shall be substituted, namely: - 9A. Validity of No Objection Certificate - (1) The period of validity of a No Objection Certificate issued under rule 5 shall be twelve years from the date of issue of such certificate. (2) Wher e a No Objection Certificate has been issued under S.O. 84(E) dated 14.01.2010, upon an application made to the Airports Authority of India or the relevant defence authorities, the period of validity for such No Objection Ce rtificate shall be extended upto a period of twelve years reckoned from the date of issue of such certificate issued under S.O. 84(E). Explanation :—It is hereby clarified that the period of validity of a No Objection Certificate shall not exceed twelve years from the date of its issue an d upon expiry of the period of validity an applicant shall be required to apply afresh for obtaining a No Objection Certificate. 3. In the Ministry of Civil Aviation (Height Restrictions for Safegua rding of Aircraft Operations) Rules, 2015, rule 16 sh all be omitted. [F. No. AV -24011/28/2017 -AAI- MOCA -Part (1) ] RUBINA ALI , Jt. Secy. Note.—The principal rules were published in the Gazette of Indi a, Extraordinary, Part II, Section 3, Sub - Section (i) dated 1st October, 2015, vide notification number G.S.R.751(E) dated 30th September, 2015 and last amended vide notification GSR 702(E) dated 13th September, 2022. Uploaded by D te. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publicatio ns, Delhi -110054.

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