30. Certificate of Registration – (1) The authority empowered to register aircraft and to grant certificate of registration in India shall be the Central Government. The certificate of registration shall include the following particulars, namely:

Type of aircraft, constructor’s number, year of manufacture, nationality and registration marks referred to under these rules, full name, nationality and address of the owner, usual station of aircraft and the date of registration and the period of validity of such registration:

Provided that in the case of a leased aircraft, the certificate of registration shall also include the validity of the lease and the names, nationalities and addresses of the lessor and the lessee:

(1A) The Central Government may by general or special order issued from time to time, specify the period of validity of registration of the aircraft.

(2) An aircraft may be registered in India in either of the following categories, namely:

(a) Category A – Where the aircraft is wholly owned either –

(i) by citizens of India; or

(ii)   by a company or corporation registered and having its principal place of business within India; or

(iii) by the Central Government or any State Government or any company or any corporation owned or controlled by either of the said Governments; or

(iv) by a company or corporation registered elsewhere than in India, provided that such company or corporation has given the said aircraft on lease to any person mentioned in sub-clause (i), sub-clause (ii) or sub-clause (iii); and

 (b) Category B – Where the aircraft is wholly owned either –

(i) by persons resident in or carrying on business in India, who are not citizens of India; or

(ii) by a company or corporation registered elsewhere than in India and carrying on business in India.

(3) No aircraft in respect of which the conditions required in sub-rule (2) are not satisfied, or which is already validly registered in another country, shall be registered in India.

(4) In a case where the usual station of an aircraft and its ordinary area of operation are not situated in India, the Central Government may decline to accept an application for registration of the aircraft in India, or, as the case may be, to permit the aircraft to remain registered in India, if, in its opinion, the aircraft could more suitably be registered in some other country.

(5) In any particular case, the Central Government may decline to register an aircraft in India, if, in the circumstances of the case, it appears to it to be inexpedient in the public interest that the aircraft should be so registered.

(6) The registration of an aircraft registered in India may be cancelled at any time by the Central Government, if it is satisfied that –

(i) such registration is not in conformity with the provisions of sub-rule (2); or

(ii) the registration has been obtained by furnishing false information; or

(iii) the aircraft could more suitably be registered in some other country; or

(iv) the lease in respect of the aircraft, registered in pursuance of sub-clause (iv) of clause (a) of sub-rule (2), has expired or has been terminated in accordance with terms of lease; or

(v) the certificate of airworthiness in respect of the aircraft has expired for a period of five years or more; or

(vi) the aircraft has been destroyed or permanently withdrawn from use; or

(vii) it is inexpedient in the public interest that the aircraft should remain registered in India.  

 

(7) The registration of an aircraft registered in India, to which the provisions of the Cape Town Convention or Cape Town Protocol apply, shall be cancelled by the Central Government, within five working days, if an application is received from IDERA Holder prior to expiry of the lease along with:—

(i) the original or notarised copy of the IDERA; and

(ii) a certificate that all Registered Interests ranking in priority have been discharged or the holders of such interest have consented to the deregistration and export:

Provided that the deregistration of an aircraft by the Central Government under sub-rule (6) or sub-rule (7) shall not affect the right of any entity thereof, or any inter-governmental organisation, or other private provider of public services in India to arrest or detain or attach or sell an aircraft object under its laws for payment of amounts owed to the Government of India, any such entity, organisation or provider directly relating to the services provided by it in respect of that object..

[Amended by – (i) GSR No. 1202 dated 23.7.1976;

(ii) GSR No. 36 dated 7.1.1992;

(iii) GSR 349(E) dated 31.7.1996;

(iv) GSR 404(E) dated 14.7.1997;

(v) G.S.R. 813(E) dated 21-11-2008;

(vi) G.S.R. 28(E) dated 17th January 2011;

(vii) G.S.R. No. 78(E) dated 9-2-2015; and

(viii) G.S.R. No. 295(E) dated 23-3-2017]

 

 

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