Updated: Sunday June 05, 2016/AlAhad
Sha'ban 29, 1437/Ravivara
Jyaistha 15, 1938, at 06:46:21 PM
The
ORDINANCE No. XXX OF 1982
[4th December, 1982]
An Ordinance to establish a Civil Aviation
Authority.
WHEREAS it is expedient to
establish a Civil Aviation Authority to provide for the promotion and
regulation of civil aviation activities and to develop an infrastructure for
safe, efficient, adequate, economical and properly coordinated civil air
transport service in Pakistan;
AND WHEREAS the President
is satisfied that circumstances exist which render it necessary to take
immediate action;
NOW, THEREFORE, in
pursuance of the Proclamation of the fifth day of July, 1977, and in exercise
of all powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:---
1. Short title, extent
and commencement.___ (1) This Ordinance may be called the
Pakistan Civil Aviation Authority Ordinance, 1982.
(2) It extends to the whole
of
(3) It shall come into
force at once.
2. Definitions. In this Ordinance, unless there is
anything repugnant in the subject or context,---
(i) ”aerodrome” means any area of land or water designed,
equipped, set apart or commonly used or intended to be used, either wholly or in
part, for affording facilities for the landing and departure of aircraft, and
includes all buildings, sheds, vessels and other structures and roads thereon
or appertaining thereto;
(ii) ”airport” means an aerodrome at which facilities
have, in the opinion of the Federal Government, been sufficiently developed to
be of importance to civil aviation;
(iii) ”Authority” means the Civil Aviation
Authority established under section 3;
(iv) ”Board” means the Board referred to in section 7;
(v) ”Chairman” means the Chairman of the Board;
*Has been applied to the FATA, by S.R.O.
1312(1)/97, dt. 25-11-97.
(vi) ”Director‑General” means the
Director‑General of the Authority
(vii) ”licence” means the certificate of competency which a
licence‑holder is required by the law of the country granting the licence
to hold is connection with his licence; and
(viii) ”member” means a member of the Board.
3. Establishment of the
Authority.___ (1) As soon as may be after the
commencement of this Ordinance, the Federal Government shall, by notification
in the official Gazette, establish an authority to be known as the Civil
Aviation Authority for carrying out the purposes of this Ordinance.
(2) The Authority shall be
a body corporate, having perpetual succession and a common seal with power,
subject to the provisions of this Ordinance, to acquire and hold property, both
movable and immovable, and shall sue and be sued by the name assigned to it by
sub-section (1).
4. Power of the Federal
Government to issue directives. The Federal Government may, as and when it considers necessary,
issue directives to the Authority on matters of policy, and such directives
shall be binding on the Authority, and if a question arises whether any matter
is a matter of policy or not; the decision of the Federal Government shall be
final.
5. Powers and functions
of the Authority.___ (1) The Authority shall be responsible
for the regulation and control of civil aviation activities in the country.
(2) The Authority shall
from time to time prepare for the approval of the Federal Government five‑year
plans for the development of infrastructure for the promotion of safe, efficient,
adequate, economical and properly coordinated civil air transport service and
control and regulate civil aviation activities in
(3) The Authority shall
frame schemes in respect of,---
(i) provision of civil airports and aerodromes in the country;
(ii) provision of air traffic services to aircraft;
(iii) provision of navigational services to aircraft;
(iv) provision of communication services at the civil
airports and aerodromes in the country;
(v) provision of aeronautical and flight
inspection services to all aircraft registered in
(vi) provision of search and rescue services;
(vii) provision of crash, fire and rescue services at all
airports and aerodromes to aircraft in need;
(viii) management of estates at airports and aerodromes; and
(ix) any other matter facilitating the achievement of the
objects of this Ordinance.
(4) The Authority may, if
it considers necessary,---
(i) cause studies, surveys, experiments or
technical research to be made or contribute towards the cost of any such
studies, surveys, experiments or technical research made by any, other agency
at the request of the Authority;
1[(ii) approve estimates of development projects and
maintenance works and award of contracts for construction, maintenance and
operation of airports and its establishment;]
(iii) subject to clause (ii) undertake any approved works,
incur any expenditure, procure vehicles, plants, machinery and material,
required for its use and enter into and perform all such contracts as it may
consider necessary or expedient;
(iv) acquire by purchase, lease, exchange or
otherwise any land or immovable property or any interest in such land or
property;
(v) 1*
* * pledge any property vested in it, including the immovable assets
transferred to it under section 11, to raise finances for the development
projects to be undertaken by it; and
(vi) seek and obtain advice and assistance in the
preparation or execution of a scheme from any local body or agency of the
Government and such local body or agency shall give the advice and assistance
sought by the Authority to the best of its ability, and additional expenditure,
if any, involved in such advice or assistance shall be borne by the Authority.
1* * * * * * *
1Subs. and omitted by Ordinance XI of
1999, s. 2.
(6) Notwithstanding
anything contained in this Ordinance, the Authority may undertake the execution
of any scheme relating to civil aviation activity as framed or sponsored by any
local body or agency or exercise technical supervision and administrative and
financial control over the execution thereof on such terms and conditions as
may be agreed to between the Authority and the local body or agency.
(7) The Authority and the
Director‑General may exercise such powers under the Civil Aviation Rules,
1978, and the Schedule to the Aircraft Rules, 1937, as the Federal Government
may, by notification in the official Gazette, specify.
(8) The acquisition of any
land or any interest in land for the Authority or for any scheme under this
Ordinance shall be deemed to be an acquisition for a public purpose within the
meaning of the Land Acquisition Act, 1894 (I of 1894), and the provisions of
the said Act shall apply to all such proceedings.
(9) The Director‑General
or any person authorised by him in writing may enter upon any survey and land,
erect pillars for the determination of intended lines of works, make borings
and excavations and do all other acts which may be necessary for the
preparation of any scheme, provided that, when the affected land does not vest
in the Authority, the power conferred by this subsection shall be exercise in
such manner as to cause the least interference with and the least damage to the
rights of the owner thereof.
(10) When any person enters
into or upon any land in pursuance of subsection (9), he shall at the time of
entering or as soon thereafter as may be practicable pay or tender payment for
all necessary damage to be done as aforesaid and in case of dispute as to the
sufficiency of the amount so paid or tendered the dispute shall be referred to
the Deputy Commissioner of the District whose decision shall be final.
6. Control of air
transport and aviation services.___(1) Subject to the provisions of any other
law for the time being in force, the Authority shall have control over,---
(i) all the civil airports and aerodromes in
the country including their planning, construction, operation and maintenance;
(ii) air routes in
(iii) airspace management of civil airports and aerodromes;
and
(iv) collection of revenues at airports and aerodromes and
at various offices of the Authority.
(2) The Authority may, with
the approval of the Federal Government, hold negotiations with foreign
countries to settle technical matters arising out of bilateral air transport
agreements.
(3)
Nothing in this section shall entitle the Authority to exercise any power in
respect of such works, airports, aerodromes, airfields and things connected
therewith as are owned by the Federal Government and established for the
exclusive use of Defence Services.
7. Management.___ (1) The general direction and
administration of the Authority and its affairs shall vest in a Board which may
exercise all powers, perform all functions and do all acts and things which may
be exercised, performed or done by the Authority.
1[(2) The Board shall consist of the
following members, namely:---
|
(i) |
Secretary
of the Division to which the affairs of the Authority are allocated. |
Chairman |
|
(ii) |
Vice‑Chief
of Air Staff. |
Member |
|
(iii) |
Secretary,
Planning and Development, Division. |
Member |
|
(iv) |
Secretary,
Culture, Sports, Tourism and Youth Affairs Division. |
Member |
|
(v) |
Managing
Director, Pakistan International Airlines Corporation. |
Member |
|
(vi) |
2[Special] Secretary (military Finance) Finance
Division. |
Member |
|
(vii) |
Director‑General,
Civil Aviation Authority. |
Member |
(3) The Federal Government
may, by notification in the official Gazette, amend sub-section (2) so as to
add any clause thereto, or modify or omit any clause thereof.]
(4) The Federal Government
may appoint not more than three additional members on such terms and
conditions and for such period as it may determine.
(5) The meetings of the
Board shall be held at such times and places and in such manner as may be
prescribed by regulations:---
Provided that until regulations
are made in this behalf, the meetings shall be held as and when convened by the
Chairman.
(6) The Chairman or, in his
absence, a member authorised by him in this behalf and three members shall
constitute a quorum for a meeting of the Board.
1Subs. and omitted by Ordinance XI of
1999, s. 3.
2Subs. by SRO. 73(KE)/2004, dt 29-5-04.
8. Executive Committee.___ (1) There shall be an Executive
Committee of the Authority consisting of the Director‑General, who shall
be its head, and four other members, of whom three shall be nominated by the
Board from amongst the most senior Officers of the Authority, and one to be
nominated by the Ministry of Finance and designated as Finance Member.
(2) The Executive Committee
shall exercise such administrative, executive, financial and technical powers
as may be delegated to it by the Authority:---
Provided that the Executive
Committee may, in an emergency which in its opinion requires immediate action,
take such action as it considers necessary, and shaft report it for approval to
the Board in its next meeting.
9. Director‑General,
his duties, functions and powers.___ (1) The Federal Government shall
appoint the Director‑General who shall be the executive head of the
Authority and shall exercise such powers and perform such functions as may be
specified under sub-section (7) of section 5 or delegated to him by the Board
from time to time.
(2) The Director‑General
shall receive such salary and allowances and be subject to such conditions of
service as may be determined by the Federal Government.
10. Delegation of
powers. The
Authority may, by general or special order, delegate to the Executive
Committee, the Director‑General or an officer of the Authority any of its
powers, duties or functions under this Ordinance, subject to such conditions as
it may think fit to impose.
11. Transfer of assets
and liabilities of the Department of Civil Aviation to the Authority.___ (1) All assets and undertakings,
including lands, buildings, airports and aerodromes, works, machinery,
apparatus, equipment, material and plants vested in the Department of Civil
Aviation, hereinafter referred to as the Department, shall vest in the
Authority, and all liabilities in respect of the said assets shall be the
liability of the Authority.
(2) The assets and
liabilities of the Department shall be evaluated by the Federal Government and
taken on books, and the excess of the assets over the liabilities will be
deemed to be the Federal Government's contribution to the Authority either as
equity or loan as may be determined by the Federal Government.
(3) The evaluation of the
net assets transferred to the Authority under sub-section (2), the terms
governing the transfer, the return on equity, if any, and the conditions
governing the loan shall be determined by .the Federal Government.
1* * * * * * *
1Omitted by Ordinance No. XI of 1999, s.
4.
1[(5) The Federal Government Lands and
Buildings (Recovery of Possession) Ordinance, (LIV of 1965) 1965 shall apply to
lands and buildings vesting in the Authority and for the purpose of such
application shall have effect as if reference therein to the Federal Government
included a reference to the Authority.]
12. Recruitment of
officers, etc.___(1) The Authority may, from time to time,
appoint such Officers, servants, experts and consultants as it may consider
necessary for the performance of its functions.
(2) The Authority shall
prescribe by regulations the procedure for appointment of its officers,
servants, experts and consultants, and the terms and conditions of their
service.
13. Members, officers
etc., to be public servants. The Director‑General, members, officers, servants, experts
and consultants of the Authority, shall, when acting or purporting to act in
pursuance of any of the provisions of this Ordinance or the rules or regulations
made thereunder, be deemed to be public servants within the meaning of section
21 of the Pakistan Penal Code (Act XLV of 1860).
14. Transfer of civil
servants, etc., to the Authority.___ (1) Notwithstanding anything
contained in any law, contract or agreement or in the conditions of service,---
(a) every civil servant employed in the Department immediately
before the establishment of the Authority, including a person on deputation to
any other organisation in Pakistan or abroad but not being a person on
deputation to the Department from any other organisation, shall, on such
establishment, stand transferred to, and become an employee of, the Authority
on such terms and conditions as may be prescribed by regulations:---
Provided that the pay and
allowances to which such civil servant shall be entitled shall not be less
favourable than those to which he was entitled immediately before such transfer;
and
(b) unless the Authority otherwise directs,
every person on deputation to the Department from any other organisation
immediately before the establishment of the Authority shall, on such
establishment, stand transferred to the Authority on the same terms and
conditions to which he was entitled immediately before such transfer.
(2) No person who stands transferred to the Authority by virtue of sub-section
(1) shall, notwithstanding anything contained in any laws, be entitled to any
compensation because of such transfer.
1New sub-section (5), added by the
(3) The Federal Government
shall pay to the Authority pension charges and gratuity in respect of, and
provident fund accumulations of, persons transferred by virtue of sub-section
(1), in such manner and to such extent as the Federal Government may determine.
15. Budget. The Authority shall, in respect of each
financial year, submit for the approval of the Federal Government by such date
and in such form as may be specified by the Federal Government a statement
showing the estimated receipts and current and development expenditure and the
sums which are likely to be required from the Federal Government during the
next financial year.
16. Civil Aviation
Authority Fund.___ (1) There shall be a fund to be
known as the “Civil Aviation Authority Fund” which shall vest in the Authority
and shall be utilised by the Authority to meet charges in connection with its
functions under this Ordinance including the payment of salaries and other
remuneration to the Director‑General, officers, servants, experts and
consultants of the Authority.
(2) The Civil Aviation
Authority Fund shall consist of,---
(i) grants made by the Federal Government;
(ii) loans obtained from the Federal Government;
(iii) sale proceeds of bonds issued under the
authority of the Federal Government;
(iv) loans obtained by the Authority with the special or
general sanction of the Federal Government;
(v) foreign aid and loans obtained with the sanction of and on
such terms and conditions as may be approved by, the Federal Government; and
(vi) all other sums received and fees collected
by the Authority.
(3) The Authority shall be competent to
levy and collect, at such rates as may be prescribed by the Authority by
regulations from time to time,---
(i) air route navigation charges.
(ii) embarkation charges to be paid by the
passengers travelling by air;
(iii) fees paid by individuals in respect of issue and
renewal of licences and any examination prescribed by the Authority;
(iv) fees and charges in respect of commercial
exploitation of the Authority's properties, including land and aircraft; and
(v) landing and housing charges.
(4) The Civil Aviation
Authority Fund shall be kept in 1[any
of the banks nationalized under the Banks (Nationalization) Act, 1974 (XIX of 1974)].
17. Maintenance of accounts. The accounts of the Authority shall be
maintained in such form and manner as the Federal Government may determine in
consultation with the Auditor‑General of Pakistan.
18. Audit.___ (1) The accounts of the Authority
shall be audited every year by the Auditor‑General of Pakistan 2*
* *.
(2) Copies of the audit
report shall be sent to the Authority and the Authority shall forward the
report alongwith its comments to the Federal Government.
(3) The audit report shall
be available for public inspection.
(4) The Federal Government
may issue directions to the Authority for the rectification of matters objected
to by the Auditor‑General and the Authority shall comply with every such
direction.
(5) The Authority may, in
addition to the audit under sub-section (1), cause to be carried out internal
audit of its accounts.
19. Authority to be
deemed to be a local Authority. The Authority shall be deemed to be a local authority for the
purpose of borrowing money under the Local Authorities Loans Act, 1914 (IX of 1914), and the making and execution of any scheme
under this Ordinance shall be deemed to be a work which such authority is
legally authorised to carry out.
20. Liability of the
Federal Government to be limited. The liability of the Federal Government to the creditors of the
Authority shall be limited to the extent of grants made by it and the loans
raised by the Authority with the sanction of the Federal Government.
21. Submission of yearly
report, returns, etc.___ (1) The Authority shall submit to
the Federal Government, as soon as possible after the end of every financial
year but before the last day of September next following, a report on the
conduct of its affairs for that year.
(2) A copy of the report
mentioned in sub-section (1) together with a copy of the audit report referred
to in section 18 shall be placed by the Federal Government before the National
Assembly.
1Subs. by the
2The words in such manner as may be
specified by the Federal Government” omitted by the
(3) The Public Accounts
Committee shall scrutinise and examine the reports referred to in sub-section
(2) in the same manner, and perform the same functions and exercise the same
powers in. respect thereof, as is or are required by it to be examined,
performed and exercised in respect of appropriation accounts of the Federal
Government and the report of the Auditor-General of Pakistan thereon.
(4) The Federal Government
may require the Authority to supply any return, statement estimate, statistics
or other information regarding any matter under the control of the Authority or
a copy of any document in the charge of the Authority; and the Authority shall
comply with every such requisition.
22. Exemption from
taxes. Notwithstanding
anything contained in the Wealth Tax Act, 1963 (XVI of 1963), the Income‑tax
Ordinance, 1979 (XXXI of 1979), or any other law for the time being in force
relating to income‑tax, super‑tax, wealth‑tax or gift‑tax,
the Authority shall not be liable to pay and be exempt from paying any such
taxes as aforesaid on its incomes, profits or gains for a period of five years
beginning from the date of its establishment.
23. Ordinance XXIII of
1969 not to apply to Authority. The Industrial Relations Ordinance, 1969 (XXIII of 1969), shall
not apply to or in relation to the Authority or any person in the service of
the Authority.
24. Indemnity. No suit, prosecution or other legal proceedings
shall lie against the Authority, the Director‑General, or any member,
officer, servant, expert or consultant of the Authority in respect of anything,
done or intended to be done in good faith under this Ordinance.
25. Certain existing
arrangements to continue. All
contracts and working arrangement made and all liabilities incurred by the
Federal Government in connection with, or for the purpose of, the Department,
before the establishment of the Authority, shall be deemed to have been made
or incurred by the Authority and have effect accordingly.
26. Power of Federal
Government to make rules. The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Ordinance.
27. Power of the
Authority to make regulations. The Authority may make regulations, not inconsistent with this
Ordinance and the rules made thereunder, to provide for all matters for which
provision is necessary or expedient for carrying out the purposes of this
Ordinance.
28. Winding‑up of
the Authority. No
provision of any law relating to the winding‑up of bodies corporate shall
apply to the Authority and the Authority shall not be wound up except by order
of the Federal Government and in such manner as the Federal Government may direct.
29. Removal of
difficulties. If any
difficulty arises in giving effect to any of the provision of this Ordinance,
the President may make such order, not inconsistent with the provisions of this
Ordinance, as may appear to him to be necessary for the purpose of removing the
difficulty:---
Provided that no such power
shall be exercised after the expiry of one year from the coming into force of
this Ordinance.
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home