Notification regarding the Aircraft carriage of Dangerous Goods Rules,2026

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-20022026-270340 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 131] NEW DELHI, TUESDAY, FEBRUARY 17, 2026/MAGHA 28, 1947 1227 GI/2026 (1) FORM A (see rule 22) Form of appeal (First/Second) to the Appellate Officer 1. Name(s) of the 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 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 10. Date of completion of 30 days Limitation period 11. Brief facts of the case 12. Grounds of Appeal 13. Prayer of the Appellant 14. Fee and transaction details 15. Other details with supporting documents, if any Verification I ________________________, the appellant, do hereby declare that what is stated above is true to the best of my information and belief. Date: Place: Name and Signature of the Appellant [F. No. AV-11012/4/2025-DG Section-MoCA] SHOBHIT GUPTA, Jt. Secy. MINISTRY OF CIVIL AVIATION NOTIFICATION New Delhi, the 17th February, 2026 G.S.R. 137(E). — Whereas, the draft of the Aircraft (Carriage of Dangerous Goods) Rules, 2025, was published, as required by section 34 of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024), in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 18th June 2025, vide number G.S.R. 397(E), for inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of twenty one days from the date on which the copies of the Gazette containing the said notification were made available to the public; And whereas, the said draft rules were made available to the public on the 18th June, 2025; And whereas, the objections and suggestions received from the public in response to the said draft rules within the period specified have been taken into consideration; Now, therefore, in exercise of the powers conferred by sections 10, 11,19, 20, 32 and 33 of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024) and in supersession of the Aircraft (Carriage of Dangerous Goods) Rules, 2003, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:— 1. Short title, application and commencement. — (1) These rules may be called the Aircraft (Carriage of Dangerous Goods) Rules, 2026. (2) Save as otherwise provided, the provisions of these rules shall apply – (a) to aircraft registered in India or aircraft operated by an operator who has his principal place of business or permanent place of residence in India, wherever they may be; (b) to all aircraft for the time being in or over India; (c) to persons operating air transport services to, from, within and over India, shippers of dangerous goods or their agents; and (d) designated postal operator. (3) These rules 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) "Adhiniyam” means the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024); (b) "agent" means any person that undertakes the responsibilities or carries out any of the function of an operator or a shipper, as the case may be, on behalf of the operator or shipper in relation to carriage of dangerous goods by air; (c) "baggage" means personal property of passengers or crew carried on an aircraft by agreement with the operator; (d) "cargo aircraft" means any aircraft, other than a passenger aircraft, which is carrying goods or property; (e) "crew member" means a person assigned by an operator to duty on an aircraft during a flight duty period; (f) "dangerous goods" means articles or substances which are capable of posing a hazard to health, safety, property or the environment and which are listed as such in the Technical Instructions or which are classified according to the Technical Instructions; (g) "dangerous goods accident" means an occurrence associated with and related to the transport of dangerous goods by air, which results in fatal or serious injury to a person or damage to major property or environment; (h) "dangerous goods incident" means, — (i) an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property or environment, or fire, breakage, spillage, leakage of fluid or radiation or any incident occurred due to defect in packaging; and (ii) an incident occurred due to the transport of dangerous goods which seriously jeopardises the aircraft or its occupants (i) "designated postal operator” means any governmental or non- governmental entity officially designated by a Universal Postal Union member country to operate postal services and to fulfil the related obligations arising from the acts of the Universal Postal Union Convention on its territory; (j) "Director General" means Director General of Civil Aviation; (k) "exemption" means an authorisation issued, other than an approval granted by an appropriate national authority providing relief from the provisions contained in the Annexes and the Technical Instructions; (l) "flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period; (m) "investigation" means a process conducted for the purpose of the prevention of the accident which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes, contributing factors and, when appropriate, the making of safety recommendations; (n) "mail" means dispatches of correspondence and other items tendered by, and intended for delivery to, postal services in accordance with the rules of the Universal Postal Union; (o) "operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation; (p) "overpack" means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage; (q) "package" means the complete product of the packing operation consisting of the packaging and its contents prepared for transport; (r) "packaging" means receptacles and any other components or materials necessary for the receptacle to perform its containment function; (s) "passenger aircraft" means an aircraft that carries any person other than a crew member, an operator's employee in an official capacity, an authorised representative of an appropriate national authority or a person accompanying a consignment or other cargo; (t) "pilot-in-command" means the pilot designated by the operator, or in the case of general aviation by the owner, as being in command and charged with the safe conduct of a flight; (u) "serious injury" means an injury which is sustained by a person in an occurrence and which: (i) requires hospitalization for more than forty-eight hours, commencing within seven days from the date the injury was received; or (ii) results in a fracture of any bone (except simple fractures of fingers, toes or nose); or (iii) involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or (iv) involves injury to any internal organ; or (v) involves second- or third-degree burns, or any burns affecting more than five per cent of the body surface; or (vi) involves verified exposure to infectious substances or injurious radiation; (v) "shipper" means a person who performs any of the functions provided for shipper's responsibilities in the Technical Instructions; (w) "specified by the Director General" means the directions issued by the Director General under these rules and placed in public domain of the Directorate General of Civil Aviation; (x) "State of origin" means the State in the territory of which the consignment of dangerous goods is first to be loaded on an aircraft; (y) "State of destination" means the State in the territory of which the consignment is finally to be unloaded from an aircraft; (z) "State of the operator" means the State in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent place of residence; (za) "Technical Instructions" means the instructions for the safe transport of dangerous goods by air, approved and issued periodically in accordance with the procedure established by the International Civil Aviation Organisation Council; (zb) "UN number” means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labeling of Chemicals to identify an article or substance or a particular group of articles or substances; (zc) "Unit load device" means any type of freight container, aircraft container, aircraft pallet with a net or aircraft pallet with a net over an igloo. Note 1: An overpack is not included in this definition. Note 2: A freight container for radioactive material is not included in this definition. (2) The words and expressions used herein but not defined, and defined in the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024) shall have the same meaning as assigned to them in the said Adhiniyam. 3. Carriage of dangerous goods by air. — (1) No operator shall engage in the carriage of dangerous goods unless it has been certified by the aeronautical authority of the State of the operator to carry the dangerous goods: Provided that wherever the State of operator is India, the Director General may, certify an operator for carriage of dangerous goods: Provided further that wherever the State of operator is other than India, such certified operator shall not carry dangerous goods to, from India without prior approval of the Director General: Provided also that nothing contained in the second proviso, certified operator may continue to carry dangerous goods to, from India provided that the approval of the Director General is obtained within six months from the date of commencement of these rules. (2) No operator shall carry and no person shall cause or permit to be carried in any aircraft to, from, within or over India or deliver or cause to be delivered for loading on such aircraft any dangerous goods, except in accordance with and subject to the requirements specified in the Technical Instructions: Provided that dangerous goods classified as explosives shall not be carried in any aircraft to, from, within or over India except in accordance with and subject to the terms and conditions of a permission in writing granted by the Central Government in accordance with the provision of rules made under the Adhiniyam: Provided further that where dangerous goods classified as radioactive material are to be carried in any aircraft to, from or within India, the operator shall ensure that the consignor or the consignee, as the case may be, has written consent of the Central Government to carry such goods under section 16 of the Atomic Energy Act, 1962 (33 of 1962): Provided also that where there is extreme emergency such as national or international crisis or natural calamities or otherwise necessitating transportation by air of such goods and full compliance with the requirements specified in the Technical Instructions may adversely affect the public interest, the Director General or any other officer authorised in this behalf by the Central Government may, by general or special order in writing, grant exemption from complying with these requirements provided that he is satisfied that every effort has been made to achieve an overall level of safety in the transportation of such goods which is equivalent to the level of safety specified in the Technical Instructions. (3) Notwithstanding anything contained in sub-rule (2), wherever India is the State of operator or State of origin, the Director General may grant approval for transportation of certain dangerous goods by air and for which Technical Instructions specify that the transportation of such goods on an aircraft or for other purposes must be authorised by an approval of the appropriate authority by the State of origin and the State of operator. (4) An application for certification, permission, exemption or approval under sub-rules (1), (2) and (3), as the case may be, shall be made to the Director General in the form and contains such particulars or documents as specified by him along with the fee determined under these rules. (5) The certification or approval, as the case may be, granted under sub-rule (1) shall, unless suspended or cancelled, remain valid for a period not exceeding five years, which may be renewed for a period not exceeding five years at a time. (6) Notwithstanding anything contained in sub-rule (2), the articles and substances that are specifically identified by name or by generic description in the Technical Instructions as being forbidden for transport by air under any circumstances, shall not be carried on any aircraft. (7) The provisions of sub-rules (1) and (2) shall not apply to — (a) the articles and substances classified as dangerous goods but otherwise required to be on board the aircraft in accordance with the pertinent airworthiness requirements and the operating regulations, or for such specialised purposes as are identified in the Technical Instructions. (b) specific articles and substances carried by passengers or crew members to the extent specified in the Technical Instructions. (8) Where dangerous goods are carried under sub-rule (2), it shall be the duty of the shipper, the operator and every person concerned with identification, classification, packing, marking, labelling, acceptance, handling, loading, unloading, storage, transportation or any other process connected directly or indirectly with carriage of such dangerous goods, to take all precautions to avoid danger to the aircraft or to the persons on board or to any other person or property. 4. Custody of unauthorised dangerous goods. — Where any officer authorised in this behalf by the Central Government has reason to believe that the provisions of these rules are, or are about to be contravened, he may cause the dangerous goods in question to be placed under his custody pending detailed examination of the nature of the goods or pending a decision regarding the action, if any, to be taken in the matter. 5. Classification of dangerous goods. — The dangerous goods shall be classified in accordance with the provisions of the Technical Instructions. 6. Packing. — (1) Dangerous goods shall be packed in accordance with the requirements specified in the Technical Instructions in addition to the provisions of this rule. (2) It shall be ensured that no harmful quantity of a dangerous substance adheres to the outside of the packagings used for the transport of the dangerous goods. (3) Packagings used for the transport of dangerous goods by air shall be of good quality and shall be constructed and securely closed so as to prevent leakage which might be caused in normal conditions of transport by changes in temperature, humidity or pressure, or by vibration. (4) The packagings shall be suitable for the contents and the packagings in direct contact with dangerous goods shall be resistant to any chemical or other action of such goods. (5) Packagings shall meet the material and construction specifications contained in the Technical Instructions. (6) Packagings shall be tested in accordance with the provisions of the Technical Instructions. (7) Packagings for which retention of a liquid is a basic function, shall be capable of withstanding, without leaking, the pressure specified in the Technical Instructions. (8) Inner packagings used for the transport of the dangerous goods shall be packed, secured or cushioned in such a manner that no breakage or leakage shall be caused and these shall also control the movement of the dangerous goods within the outer packaging during normal conditions of air transport and also the cushioning and absorbent materials shall not react dangerously with the contents of the receptacles. (9) No packaging used for the transport of the dangerous goods shall be re-used unless, — (a) it has been inspected and found free from corrosion or other damage; and (b) all necessary precautions have been taken to prevent contamination of subsequent contents: Provided that where it is not possible to properly clean a packaging already used for the transport of dangerous goods, then such an uncleaned empty packaging shall be transported by air following the same procedure as laid down for the transport of the dangerous goods for which such packagings has been used earlier. 7. Labeling. — Unless otherwise provided in the Technical Instructions, each package of dangerous goods shall be labeled in accordance with the requirements specified in the Technical Instructions. 8. Marking. — (1) Save as otherwise provided in the Technical Instructions, each package of dangerous goods shall be marked with the proper shipping name of its contents and, when assigned, the UN number and such other markings as may be specified in those Instructions. (2) Save as otherwise provided in the Technical Instructions, each packaging manufactured to the specifications of the Technical Instructions shall be marked in accordance with the provisions of the Technical Instructions and no other packagings shall be so marked. (3) In addition to the languages required by the State of origin, English shall also be used for the markings related to dangerous goods. 9. Shipper's responsibilities. — (1) No shipper or his agent shall offer any package or overpack of dangerous goods for transport by air unless he has ensured that such dangerous goods are not forbidden for transport by air and are properly identified, classified, packed, marked and labeled in accordance with the requirements specified in the Technical Instructions. (2) Unless otherwise provided in these rules, no shipper or his agent shall offer dangerous goods for transport by air unless he has completed, signed and provided to the operator a dangerous goods transport document, as specified in the Technical Instructions. (3) The dangerous goods transport document shall bear a declaration signed by the shipper or his agent indicating that the dangerous goods are fully and accurately described by their proper shipping names and that they are classified, packed, marked, labeled and in proper condition for transport by air as per requirements of the Technical Instructions. (4) In addition to the languages required by the State of origin, English shall also be used in the dangerous goods transport document. (5) Where the Director General is satisfied, after giving an opportunity of being heard to the shipper or his agent who has failed to discharge the shipper's responsibility, he may, for reasons to be recorded in writing, make an order directing operator not to accept the cargo from such shipper or his agent for a period specified in the said order. 10. Operator's responsibilities. — (1) No operator shall accept dangerous goods for transport by air unless, — (a) the dangerous goods are accompanied by a completed dangerous goods transport document, except where the Technical Instructions specify that such a document is not required; and (b) the package, overpack or freight container containing the dangerous goods has been inspected in accordance with the acceptance procedures specified in the Technical Instructions. (2) The operator shall ensure that an acceptance check-list as required by the Technical Instructions has been developed and is being used for acceptance. (3) Packages and overpacks containing dangerous goods and freight containers containing radioactive materials shall be inspected for evidence of leakage or damage before loading on an aircraft or into a unit load device and such packages, overpacks or freight containers shall be loaded and stowed on an aircraft in accordance with the requirements specified in the Technical Instructions. (4) The operator shall ensure that no leaking or damaged packages, overpacks or freight containers containing dangerous goods shall be loaded on an aircraft. (5) A unit load device shall not be loaded aboard an aircraft unless the device has been inspected and found free from any evidence of leakage from, or damage to, any dangerous goods contained therein. (6) Where any package of dangerous goods loaded on an aircraft appears to be damaged or leaking, the operator shall remove such package from the aircraft, or arrange for its removal by an appropriate authority or organisation, as the case may be, and thereafter shall ensure that the remainder of the consignment is in a proper condition for transport by air and that no other package has been contaminated. (7) Packages or overpacks containing dangerous goods and freight containers containing radioactive materials shall be inspected for signs of damage or leakage upon unloading from the aircraft or unit load device and if evidence of damage or leakage is found, the area where the dangerous goods or unit load device were stowed on the aircraft shall be inspected for damage or contamination. (8) No dangerous goods shall be carried in an aircraft cabin occupied by passengers or on the flight deck of an aircraft, except those specified in sub-rule (7) of rule 3. (9) Any hazardous contamination found on an aircraft as a result of leakage or damage to dangerous goods shall be removed without delay. (10) An aircraft which has been contaminated by radioactive materials shall immediately be taken out of service and not returned to service until the radiation level at any accessible surface and the non-fixed contamination are not more than the values specified in the Technical Instructions. (11) Packages containing dangerous goods which might react dangerously with one another shall not be stowed on an aircraft next to each other or in a position that would allow interaction between them in the event of leakage. (12) Packages of toxic and infectious substances shall be stowed on an aircraft in accordance with the requirements specified in the Technical Instructions. (13) Packages of radioactive materials shall be stowed on an aircraft so that they are separated from persons, live animals and undeveloped film, in accordance with the requirements specified in the Technical Instructions. (14) Subject to the provisions of these rules, when dangerous goods are loaded in an aircraft, the operator shall protect the dangerous goods from being damaged, and shall secure such goods in the aircraft in such a manner that shall prevent any movement in flight which would change the orientation of the packages and for packages containing radioactive materials, the securing shall be adequate to ensure that the separation requirements of sub-rule (13) are met at all times. (15) Except as otherwise provided in the Technical Instructions, packages of dangerous goods bearing the "Cargo aircraft only" label shall be loaded in such a manner that a crew member or other authorised person may see, handle and, where size and weight permit, separate such packages from other cargo in flight. 11. Mis-declared or undeclared dangerous goods. — (1) The operator or any other person directly or indirectly acting on his behalf for the acceptance or handling of baggage, cargo or mail, if notices or finds any mis-declared or undeclared goods, shall submit a report to the Director General. (2) The report under sub-rule (1), in addition to such other relevant information, shall also contain the following information, namely: (i) the name and address of person or operator reporting; (ii) the name and address of the shipper and his agent, if any; (iii) date and location of detection of mis-declared or undeclared dangerous goods; (iv) class or division of dangerous goods with the proper shipping name and quantity of such dangerous goods. (3) On receipt of the report the Director General shall, if considered necessary, order an investigation to determine the causes of mis-declared or un-declared dangerous goods and take preventive measures to avoid reoccurrence of such occurrences. 12. Provision of information. — (1) The operator of the aircraft in which dangerous goods are to be carried shall provide information in writing to the pilot-in-command as early as practicable before departure of the aircraft as required by the Technical Instructions. (2) The operator shall provide such information in the Operations Manual so as to enable the flight crew member to carry out their responsibilities with regard to the transport of dangerous goods and shall also provide instructions as to the action to be taken in the event of emergencies arising involving dangerous goods. (3) The operators shall ensure that information is promulgated in such a manner that passengers are warned as to the types of goods which they are forbidden from transporting aboard an aircraft as provided in the Technical Instructions. (4) The operators, shippers or other organisations involved in the transport of dangerous goods by air shall provide such information to their personnel so as to enable them to carry out their responsibilities with regard to the transport of dangerous goods and shall also provide instructions as to the action to be taken in the event of emergencies arising involving dangerous goods. (5) If an in-flight emergency occurs, the pilot-in-command shall, as soon as the situation permits, inform the appropriate air traffic services unit, for the information of aerodrome authorities, of any dangerous goods on board the aircraft, as provided in the Technical Instructions. (6) In the event of an aircraft accident or a serious incident where dangerous goods carried as cargo are involved, the operator of the aircraft shall provide information, without delay, to the emergency services responding to the accident or serious incident, and, as soon as possible, to the appropriate authorities of the State of the operator and the State in which the accident or serious incident occurred, about the dangerous goods on board, as shown on the written information to the pilot-in- command. (7) In the event of an aircraft incident, the operator of an aircraft carrying dangerous goods as cargo shall, upon request, provide information, without delay, to the emergency services responding to the incident and also to the appropriate authority of the State in which the incident occurred, about the dangerous goods on board, as shown on the written information to the pilot-in-command. 13. Inspection. — (1) The Director General, or any other person authorised by the Central Government in this behalf by a general or special order in writing may, at any reasonable time, enter any place to which access is necessary and inspect any services, equipment, documents and records with a view to ensuring compliance with the provisions of these rules. (2) The operator, shipper, designated postal operator, training establishment and every other person concerned with carriage of dangerous goods shall allow the person so authorised, access to any part of the aircraft, building or any facility including equipment, records, documents and personnel, and shall co-operate in exercising his powers or carrying out his duties under these rules. (3) The Director General, or any other person authorised under sub-rule (1), may carry out investigation into alleged violations by an entity performing any function under these rules and for such investigation, the authorised person may exercise the power under sub-rule (1). 14. Dangerous goods accidents and incidents. — (1) In the event of a dangerous goods accident or dangerous goods incident, as the case may be, the pilot-in- command of the aircraft and the operator of the aircraft or of the aerodrome, as the case may be, shall submit a report in writing to the Director General on such accident or incident. (2) The report under sub-rule (1) shall, in addition to any other relevant information, contain the following information, namely: (a) the type, nationality and registration marks of aircraft; (b) the name of the owner, operator and hirer of the aircraft; (c) the name of the pilot-in-command of the aircraft; (d) the nature and purpose of the flight; (e) the date and time of the dangerous goods accident or incident; (f) the place where the accident occurred: (g) the last point of departure and the next point of intended landing of the aircraft; (h) the details of the dangerous goods on board the aircraft viz. their proper shipping name, UN number, quantity etc.; (i) the known cause of the dangerous goods accident or incident; (j) details of other cargo on board the aircraft; (k) the extent of known damage to the aircraft, other property and persons on board the aircraft; and (l) any other information required to be included by the Director General. (3) On receipt of the report under sub-rule (1), the Director General may, if considered necessary, order an investigation to determine the causes of such accident or incident and take preventive measures to avoid re- occurrence of such accident or incident. 15. Requirement of training. — (1) The employer shall ensure that their personnel are competent to perform any function for which they are responsible prior to performing such functions through proper training and assessment commensurate with their responsibilities. (2) The training and assessment shall be provided or verified upon the employment of a person in a position involving the transport of dangerous goods and recurrent training shall take place within twenty-four months of the previous training and assessment. (3) The period of validity of the training and assessment referred to in sub-rule (2) shall be twenty-four months from the date of successful completion of the training. (4) In case of the recurrent training and assessment, the period of validity of the training and assessment shall commence from the expiry month of the previous training and assessment subject to the condition that the recurrent training has been successfully completed within a period of not more than three months prior to the validity of the previous training and assessment. (5) In cases other than those referred to in sub-rule (4), the period of validity of the recurrent training shall commence from the date of successful completion of the recurrent training. 16. Establishment and approval of training programme. — (1) Initial and recurrent dangerous goods training programmes shall be established and maintained by or on behalf of, — (a) shippers of dangerous goods including packers and persons or organisations undertaking the responsibilities of the shipper; (b) operators; (c) ground handling agencies which perform, on behalf of the operator, the act of accepting, handling, loading, unloading, transferring or other processing of cargo; (d) ground handling agencies located at an airport which perform, on behalf of the operator, the act of processing passengers; (e) agencies not located at an airport, which perform on behalf of the operator, the act of checking in passengers; (f) freight forwarders; (g) agencies engaged in the security screening of passengers and their baggage, and cargo; and (h) designated postal operator. (2) Training shall be provided in the requirements commensurate with the responsibilities of the personnel being trained and such training shall include, — (a) general familiarization training aimed at providing familiarity with the general provisions; (b) function-specific training providing detailed training in the requirements applicable to the function for which that person is responsible; and (c) safety training covering the hazards presented by dangerous goods, safe handling and emergency response procedure: Provided that the training for the staff of designated postal operator shall be commensurate with their responsibilities and the course content thereof shall be as provided in the Technical Instructions. (3) A training programme established and maintained by an Indian operator, designated postal operator or by any other agency in India shall be subjected to review and approval of the Director General. (4) The training programme established and maintained by a foreign operator for their own staff may be accepted as valid by the Director General on production of evidence that it has been approved by the regulatory authority of the State of the operator. (5) An application for grant of approval under sub-rule (3) shall be made to the Director General in such form and contain such particulars or documents as may be specified by him along with the fee determined under these rules. (6) The Director General or any other officer authorised in this behalf by the Central Government may, on being satisfied, grant approval to an organisation to establish or maintain the training programme. (7) Unless suspended or cancelled, the approval granted under sub-rule (6) shall remain valid for a period not exceeding two years, which may be renewed for a period not exceeding two years at a time. (8) The training records of the organisation shall be maintained in a manner specified by the Director General and shall be produced on demand to the Director General or any other officer authorised by him in this behalf. 17. Approved training organisation. — (1) The 'training organisation' refers to a legal entity who is engaged in conducting training on dangerous goods regulations for the personnel engaged by or the employees of the entities or agencies, as the case may be, involved in safe transport of dangerous goods by air to enable them to attain the competency commensurate with their responsibilities. (2) A training organisation shall have the requisite infrastructure, adequate facilities, post holder and have arrangement for qualified manpower including instructor and assessor, as may be specified by the Director General. (3) The instructor, assessor and post holder shall possess the qualifications and experience as specified by the Director General. (4) Training organisation shall submit an application for approval to the Director General in such form and contain such particulars or documents as may be specified by him along with the fee determined under these rules. (5) The Director General may, on being satisfied that all the requirements pertaining to the setting up of a training organisation have been complied with, grant an approval to the training organisation subject to such conditions as may be specified in the approval. (6) The approval of training organisation shall, unless suspended or cancelled, remain valid for a period not exceeding four years, and on being satisfied, the Director General may renew the approval for a further period not exceeding four years at a time. (7) The training organisation shall not impart training beyond their scope of approval unless their scope of approval is extended by the Director General. (8) An application for grant of extension of scope of approval shall be made to the Director General in such form and contain such particulars or documents as may be specified by him along with the fee determined under these rules and the Director General on being satisfied that the specified requirements have been complied with, may grant approval for extension of scope, as deemed fit and any such extension shall only be valid up to the date of validity of the original approval. (9) The training records of the organisation shall be maintained in a manner specified by the Director General and shall be produced on demand to the Director General or any other officer authorised by him in this behalf. (10) An approved training organisation shall revise its manual from time to time whenever necessary for acceptance of the Director General in the manner and procedures as specified by him. 18. Responsible person to ensure compliance. — Every operator or person engaged in transportation of dangerous good by air to, from, within India or the training organisation approved under these rules shall designate a person, having qualifications as may be specified by the Director General, to ensure compliance of these rules. 19. Fee. — (1) The following fees shall be payable for, namely: (a) The certification of operator for carriage of dangerous goods and renewal thereof under sub-rules (1) and (5) of rule 3, — (i) for Scheduled operator: Rupees two Lakh for certification and rupees one lakh for renewal of certification (ii) Other than Scheduled operator: Rupees one lakh for certification and rupees fifty thousand for renewal of certification (b) Approval of the foreign operator for carriage of dangerous goods to, from India under sub-rule (1) and (5) of rule 3: Rupees two lakh for approval and rupees one lakh for renewal of approval (c) Exemption in extreme emergency under proviso of sub-rule (2) of rule 3: Twenty-five thousand rupees per exemption (d) Grant of approval for transportation of dangerous goods under sub-rule (3) of rule 3: Five thousand rupees (e) (i) Grant of approval of training programme under sub-rule (6) of rule 16: (a) fifty employees: Ten thousand rupees (b) more than fifty and upto two hundred employees: Twenty-five thousand rupees (c) more than 200 employees: Fifty thousand rupees (ii) The fee for renewal of approval under sub-rule (6) of rule 16 shall be fifty per cent of the fee payable under sub-clause (i). (f) Grant and renewal of approval of training organisation and acceptance of revision in manual under of rule 17: i. for grant of approval of training organisation: One lakh rupees per station ii. for acceptance of revision in manual: Twenty-five thousand rupees iii. for renewal of approval of training organisation: Fifty thousand rupees per station (g) Extension of scope under sub-rule (8) of rule 17: Fifty thousand Rupees per station (2) The fee shall be paid electronically in the manner specified by the Director General. 20. Directions by Director General. — (1) The Director General may, through Aeronautical Information Circulars and publication entitled Civil Aviation Requirements, issue special directions, not inconsistent with the provisions of the Adhiniyam or these rules, relating to packing, marking, labelling, acceptance, handling, loading, unloading, storage, training and any other process or procedure connected directly or indirectly with the carriage of dangerous goods by air. (2) The Civil Aviation Requirements under sub-rule (1) shall be issued after placing the draft on the website of the Directorate General of Civil Aviation for a period of thirty days for inviting objections and suggestions from all persons likely to be affected thereby: Provided that the Director General may, in public interest and by order in writing, dispense with the requirement of inviting such objections and suggestions. (3) Every direction issued under sub-rule (1) shall be complied with by the person or persons to whom such direction is issued. (4) The Director-General may, by general or special order in writing, exempt any aircraft or class of aircraft or any person or class of persons from the operation of the directions given in the publication entitled Civil Aviation Requirements under this rule, either wholly or partially, subject to such conditions, if any, as may be specified in such order. 21. Cancellation or suspension of licence, certificate and approval. — Where the Director General or any officer authorised in this behalf by the Central Government, after giving an opportunity of being heard, is satisfied that any person has contravened or failed to comply with the provisions of these rules or any direction issued under rule 20, he may, for reasons to be recorded in writing, impose any restriction or suspend or cancel any licence, certificate or approval issued under these rules or the rules made under the Adhiniyam in this regard. 22. 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 in accordance with the provisions of the section 33 of the Adhiniyam. (2) An appeal shall be made to the First Appellate Officer or Second Appellate Officer, as the case may be, in the Form A of the Schedule appended to these rules along with the supporting documents and fee of one thousand rupees in the manner as specified by the Director General. (3) Such Appellate Officer may call for any information, record or any other document from the applicant, if the same is considered relevant to the appeal. (4) The Appellate Officer may, after giving an opportunity of being heard to the appellant, pass a speaking order, as he thinks fit, confirming, modifying or setting aside the order appellate against. (5) The copy of appellate order so passed by Appellate Officer shall be provided to the appellant as soon as practicable after passing of the order. 23. Offences. — Any person who contravenes any provisions of these rules shall be punishable in accordance with the sub-section (1) of the section 25 of the Adhiniyam. 24. Imposition of penalty. — (1) Any person who has contravened any rule as specified in Schedule of these rules, shall be liable to pay of penalty in accordance with the provisions of section 32 of the Adhiniyam. (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 said Schedule. 25. General power to exempt. — The Central Government may exempt any aircraft or class of aircraft or any person or class of persons from the operation of these rules, either wholly or partially, subject to such conditions; if any, in accordance with the provisions of section 20 of the Adhiniyam. Schedule (see rule 24) Penalties 1. Classification of severity levels of contravention and penalty thereof:— Table 1 +-----+-----------------------+-----------------------------+-----------------------------------+-----------------------------------+-----------------------------------+ | SI. | Severity Level | Individual | Organisation (Small) | Organisation (Medium) | Organisation (Large) | | No. | (in rupees) | | Up to fifty employees | More than fifty and up to | More than one | | | | | | one hundred employees | hundred employees | +=====+=======================+=============================+===================================+===================================+===================================+ | (1) | (2) | (3) | (4) | (5) | (6) | +-----+-----------------------+-----------------------------+-----------------------------------+-----------------------------------+-----------------------------------+ | 1. | Level 1 | Ten thousand | Fifty thousand | Seventy-five thousand | One lakh | | 2. | Level 2 | Twenty thousand | One lakh | One lakh fifty thousand | Two lakh fifty thousand | | 3. | Level 3 | Fifty thousand | Two lakh | Three lakh | Five lakh | | 4. | Level 4 | Seventy-five thousand | Three lakh | Five lakh | Ten lakh | | 5. | Level 5 | One lakh fifty thousand | Five lakh | Ten lakh | Twenty lakh | | 6. | Level 6 | Three lakh | Seven lakh fifty thousand | Fifteen lakh | Thirty lakh | | 7. | Level 7 | Five lakh | Ten lakh | Twenty-five lakh | Fifty lakh | | 8. | Level 8 | Ten lakh | Twenty lakh | Thirty-five lakh | Seventy lakh | | 9. | Level 9 | Twenty lakh | Thirty-five lakh | Fifty lakh | Eighty-five lakh | | 10. | Level 10 | Twenty-five lakh | Fifty lakh | Seventy-five lakh | One crore | +-----+-----------------------+-----------------------------+-----------------------------------+-----------------------------------+-----------------------------------+ Note: (1) "Individual" means a natural person. (2) "Organisation" means a body corporate or an association of individuals whether registered or not. (3) "Employee" means an individual appointed, employed or engaged by the organisation whether contractual, temporary or permanent. 2. Contravention of rule and severity level thereof, for determination of penalty amount by the designated officers or the appellate officer, as the case may be. TABLE 2 +-----+---------------------------------------------+------------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ | SI. | Nature of contravention | Relevant rule (s) | Severity level of contravention/ violation/ non-compliance | | No. | | | | +=====+=============================================+==============================+================================================================================================================================================================================================+ | (1) | (2) | (3) | (4) | +-----+---------------------------------------------+------------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ | 1. | Non-compliance of sub-rule (1) of rule 3 | Sub-rule (1) of rule 3 | Level 10 | | 2. | Contravention of sub-rule (2) of rule 3 | Sub-rule (2) of rule 3 | Up to level 8 | | 3. | Non-compliance of sub-rule (6) of rule 3 | Sub-rule (6) of rule 3 | Level 9 | | 4. | Non-compliance of sub-rule (8) of rule 3 | Sub-rule (8) of rule 3 | Level 5 | | 5. | Non-compliance of rule 5 | Rule 5 | Level 6 | | 6. | Non-compliance of sub-rule (1) of rule 6 | Sub-rule (1) of rule 6 | Level 6 | | 7. | Non-compliance of sub-rule (2) of rule 6 | Sub-rule (2) of rule 6 | Level 5 | | 8. | Non-compliance of sub-rule (3) of rule 6 | Sub-rule (3) of rule 6 | Level 6 | | 9. | Non-compliance of sub-rule (4) of rule 6 | Sub-rule (4) of rule 6 | Level 4 | | 10. | Non-compliance of sub-rule (5) of rule 6 | Sub-rule (5) of rule 6 | Level 6 | | 11. | Non-compliance of sub-rule (6) of rule 6 | Sub-rule (6) of rule 6 | Level 6 | | 12. | Non-compliance of sub-rule (7) of rule 6 | Sub-rule (7) of rule 6 | Level 7 | | 13. | Non-compliance of sub-rule (8) of rule 6 | Sub-rule (8) of rule 6 | Level 6 | | 14. | Contravention of sub-rule (9) of rule 6 | Sub-rule (9) of rule 6 | Level 8 | | 15. | Non-compliance of rule 7 | Rule 7 | Level 4 | | 16. | Non-compliance of sub-rule (1) of rule 8 | Sub-rule (1) of rule 8 | Level 5 | | 17. | Non-compliance of sub-rule (2) of rule 8 | Sub-rule (2) of rule 8 | Level 5 | | 18. | Contravention of sub-rule (1) of rule 9 | Sub-rule (1) of rule 9 | Level 8 | | 19. | Contravention of sub-rule (2) of rule 9 | Sub-rule (2) of rule 9 | Level 5 | | 20. | Non-compliance of sub-rule (3) of rule 9 | Sub-rule (3) of rule 9 | Level 6 | | 21. | Contravention of sub-rule (1) of rule 10 | Sub-rule (1) of rule 10 | Up to level 8 | | 22. | Non-compliance of sub-rule (2) of rule 10 | Sub-rule (2) of rule 10 | Level 2 | | 23. | Non-compliance of sub-rule (3) of rule 10 | Sub-rule (3) of rule 10 | Level 5 | | 24. | Non-compliance of sub-rule (4) of rule 10 | Sub-rule (4) of rule 10 | Level 6 | | 25. | Non-compliance of sub-rule (5) of rule 10 | Sub-rule (5) of rule 10 | Level 5 | | 26. | Non-compliance of sub-rule (6) of rule 10 | Sub-rule (6) of rule 10 | Level 7 | | 27. | Non-compliance of sub-rule (7) of rule 10 | Sub-rule (7) of rule 10 | Level 5 | | 28. | Contravention of sub-rule (8) of rule 10 | Sub-rule (8) of rule 10 | Up to Level 6 | | 29. | Non-compliance of sub-rule (9) of rule 10 | Sub-rule (9) of rule 10 | Level 6 | | 30. | Non-compliance of sub-rule (10) of rule 10 | Sub-rule (10) of rule 10 | Level 8 | | 31. | Non-compliance of sub-rule (11) of rule 10 | Sub-rule (11) of rule 10 | Level 6 | | 32. | Non-compliance of sub-rule (12) of rule 10 | Sub-rule (12) of rule 10 | Level 7 | | 33. | Non-compliance of sub-rule (13) of rule 10 | Sub-rule (13) of rule 10 | Level 8 | | 34. | Non-compliance of sub-rule (14) of rule 10 | Sub-rule (14) of rule 10 | Up to level 6 | | 35. | Non-compliance of sub-rule (15) of rule 10 | Sub-rule (15) of rule 10 | Level 6 | | 36. | Non-compliance of sub-rule (1) of rule 11 | Sub-rule (1) of rule 11 | Level 4 | | 37. | Non-compliance of sub-rule (1) of rule 12 | Sub-rule (1) of rule 12 | Level 7 | | 38. | Non-compliance of sub-rule (2) of rule 12 | Sub-rule (2) of rule 12 | Level 6 | | 39. | Non-compliance of sub-rule (3) of rule 12 | Sub-rule (3) of rule 12 | Level 6 | | 40. | Non-compliance of sub-rule (4) of rule 12 | Sub-rule (4) of rule 12 | Level 6 | | 41. | Non-compliance of sub-rule (5) of rule 12 | Sub-rule (5) of rule 12 | Level 4 | | 42. | Non-compliance of sub-rule (6) of rule 12 | Sub-rule (6) of rule 12 | Level 5 | | 43. | Non-compliance of sub-rule (7) of rule 12 | Sub-rule (7) of rule 12 | Level 5 | | 44. | Non-compliance of sub-rule (2) of rule 13 | Sub-rule (2) of rule 13 | Up to Level 6 | | 45. | Non-compliance of sub-rule (1) of rule 14 | Sub-rule (1) of rule 14 | Level 4 | | 46. | Non-compliance of sub-rule (2) of rule 14 | Sub-rule (2) of rule 14 | Level 2 | | 47. | Contravention of sub-rule (1) of rule 15 | Sub-rule (1) of rule 15 | Level 1 | | 48. | Non-compliance of sub-rule (2) of rule 15 | Sub-rule (2) of rule 15 | Level 2 | | 49. | Non-compliance of sub-rule (1) of rule 16 | Sub-rule (1) of rule 16 | Level 1 | | 50. | Non-compliance of sub-rule (8) of rule 16 | Sub-rule (8) of rule 16 | Level 2 | | 51. | Non-compliance of sub-rule (2) of rule 17 | Sub-rule (2) of rule 17 | Level 4 | | 52. | Non-compliance of sub-rule (7) of rule 17 | Sub-rule (7) of rule 17 | Level 3 | | 53. | Non-compliance of sub-rule (9) of rule 17 | Sub-rule (9) of rule 17 | Level 3 | | 54. | Non-compliance of sub-rule (10) of rule 17 | Sub-rule (10) of rule 17 | Level 2 | | 55. | Non-compliance of rule 18 | Rule 18 | Level 2 | | 56. | Non-compliance with directions issued under | Sub-rule (3) of rule 20 | Up to Level 6. In case Penalty has | | | rule 20 | | already been provided in any rule for the same contravention, then, the penalty as provided for that rule shall prevail. | +-----+---------------------------------------------+------------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ 3. Procedure for adjudication of penalty by designated or appellate officers, — (a) The designated officer upon his satisfaction that a person has contravened any of the rule as specified in the Table 2 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 1 and 2 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. (b) The designated officer shall not proceed for imposition of penalty against a person, where it comes to his notice that an action under the Adhiniyam and these rules has been initiated for contravention of same rule on same cause of action. (c) A copy of penalty order passed along with the demand notice by the designated officer shall be served upon such person by a recognised mode of service. (d) The person aggrieved by the order issued under clause (a), may prefer appeal in accordance with the provisions of rule 21 of these rules. (e) The copy of appellate order passed by appellate officer shall be provided to the appellant and the concerned designated officer. (f) The designated officer, within thirty days from the date of the receipt of such final 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. (h) The penalty thus imposed shall be paid electronically by such person in the manner as laid down by the Director-General within thirty days of the service of demand notice upon the person. (i) 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 licence, certificate, authorisation, permit or approval, may be initiated under these rules or the rules made under the Adhiniyam in this regard.