Section 1 Short title and commencement.
(1) This Act may be called the Protection of Interests in Aircraft Objects Act, 2025.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
Section 2 Definitions.
(1) In this Act, unless the context otherwise requires,---
(a) "agreement" shall have the meaning assigned to it in Article 1(a) of the Convention;
(b) "aircraft" shall have the meaning assigned to it in Article I (2)(a) of the Protocol;
(c) "aircraft objects" shall have the meaning assigned to it in Article I (2)(c) of the Protocol;
(d) "Article" means an Article of the Convention or the Protocol;
(e) "Convention" means the Convention on International Interests in Mobile Equipment signed at Cape Town on 16th November, 2001, as set out in the First Schedule to this Act;
(f) "creditor" shall have the meaning assigned to it in Article 1(i) of the Convention;
(g) "debtor" shall have the meaning assigned to it in Article 1(j) of the Convention;
(h) "declaration" means a declaration made by India under the Convention or the Protocol, as set out in the Second Schedule to this Act;
(i) "declared default" means the date on which the registry authority is notified by the creditor of the occurrence of default;
(j) "international interest" shall have the meaning assigned to it in Article 1(o) of the Convention;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Protocol" means the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment signed at Cape Town on 16th November, 2001, as set out in the Third Schedule to this Act;
(m) "registry authority" means the Directorate General of Civil Aviation constituted under section 3 of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024).
(2) The words and expressions used and not defined in this Act, but defined in the Convention or the Protocol or the regulations made thereunder, shall have the meanings respectively assigned to them in the Convention, Protocol or regulations made thereunder.
Section 3 Application of Convention and Protocol in India.
Subject to the provisions of this Act, the Convention and Protocol shall have the force of law in India, in respect of the aircraft objects and in accordance with the declarations deposited by India.
Section 4 Power of registry authority to issue directions.
The registry authority may issue necessary directions, for implementation of the provisions of the Convention and Protocol, including the provisions given force of law under section 3, in such manner as may be prescribed.
Section 5 Obligation of debtor and creditor to an agreement.
(1) A debtor shall maintain and submit to the registry authority, records of dues arising from, related to or owed in regard to the ownership or use by the owner or operator of the aircraft object, in such form and manner as may be prescribed.
(2) A creditor shall not be entitled to exercise any remedy under the Convention or Protocol unless such creditor declares the occurrence of default by notifying the registry authority, in such form and manner as may be prescribed.
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