Civil Aviation Act, 2015 (1959)


Published: 1959

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Civil Aviation Act, 2015
1



Civil Aviation Act, 2015 (1959) Date of Authentication Publication Date on Nepal Gazette 2015.12.31 2016.1.10 Amendments 1. Some Nepal Laws (Amendment and Rearrangement) Act, 2020 2020.11.16 2. Civil Aviation (First Amendment) Act, 2023 203.5.24 3. Civil Aviation (Second Amendment) Act, 2030 2030.5.16 4. Civil Aviation (Third Amendment) Act, 2034 2034.6.6 5. Administration of Justice Act, 2048 2048.2.16 6. Civil Aviation (Fourth Amendment) Act, 2053 2053.8.5 7. Some Nepal Laws Amendment Act, 2063 2063.6.28 8. Republic Strengthening and Some Nepal Laws Amendnt Act, 2066 2066.10.7 Act Number 22 of the Year 2015
An Act Made to Control and Regulate Civil Aviation
Preamble: Whereas, it is expedient to control and regulate civil aviation to create
conditions favourable to promote the development of civil aviation so that the
country could acquire maximum benefit from the air transportation, and to
maintain peace, order and convenience of the people in g neral,
Now, therefore, be it enacted and promulgated by His Majesty the King on
the advice of the Council of Ministers.
1. Short Title, Extent and Commencement: (1) This Act may be called "The
Civil Aviation Act, 2015 (1959)".
(2) This Act shall extend all over the Nepal, and also apply to the
following aircrafts and persons -
(a) Every citizen of Nepal wherever he/she may be, and
(b) Every aircraft registered in the Nepal, whereve it may
be, and every person on board an aircraft.
Amended by Some Nepal Laws (Amendment and Re arrangement) Act, 2020

2



(3) This Act shall come into force from such date as Government of
Nepal, by a Notification published in the Nepal Gazette, may appoint.
2. Definitions: Unless the subject or context otherwise requires, n this Act -
(a) "Aircraft" means any machine which can derive support in the
atmosphere from reactions of the air, and this term also includes
balloons, whether fixed or unfixed, airships, kites, gilders and flying
machines.
(b) "Aerodrome" means any definite or limited area in water or ground
intended to be used either wholly or in part, for the landing or take
off of aircraft and includes all buildings, sheds, vessels, piers and
other structures thereon or appertaining thereto.
(c) "Import" means the act of bringing into the Nepal.
(d) "Export" means the act of taking out of the Nepal. +(e) "Defined Area" means any area or place specified by Government of
Nepal with detailed description of the boundaries thereof by a
Notification published in the Nepal Gazette. (f) "Aerodrome are" means aerodrome of any place, building, shed,
tower, aircraft, vessel and pier with or without installation of any
machine and communication and navigational aid equipments
intended to be used for safe operation or control of air flights or for
exchange or information and knowledge related therewith.
Came into force from 2017-4-13 (July 28, 1960) (Date of the publication of Notification in the
Nepal Gazette:- 2017-4-17 (Aug. 1, 1960) + Inserted by Civil Aviation (Amendment) Act, 2023 Inserted by Fourth Amendment




3



(g) "Corporation operating air service" means a corporation, company,
agent, firm or person incorporated with the object of operating air
transportation services undertaking the responsibilities for
transporting passengers, mail and baggage. (h) "Flying school" means an institute meant for imparting training to
technicians concerned with the operation of civil aviation in
subjects pertaining to civil aviation and imparting other similar type
of technical knowledge, and this term also includes a flying club
established with a similar object. 3. Power to Frame Rules: (1) In order to implement the objectives of this
Act Government of Nepal may frame Rules as required.
(2) Without prejudice to the generality of the powers conferred by
Sub-section (1), such Rules particularly may provide for any of the
following matters:
(a) Regarding conditions pertaining to establishment of an
aerodrome at any place in Nepal, granting permission
and prescribing fees for the same.
(b) Regarding complete prohibition of the use of aircr ft
in any part of aerial territory of Nepal or allowing
flights only in particular conditions or times.
(c) Regarding adoption of any necessary means for the
protection of the person and life of the general people
in course of air flights.
(d) Regarding fixing the modalities for determining the
amounts for compensation for any loss or damage Inserted by Fourth Amendment Amended by Fourth Amendment


4



which may be caused if any body's house, building,
shed, tower etc. are demolished wholly or in part in
course of construction or operation of aerodrome or
while regulating, restricting or prohibiting any
construction work carried out at an aerodrome or
aerodrome area.
(e) Regarding prohibition, restriction, prevention and
regulation of carrying any substance by aircraft.
(f) Regarding grant of license to corporations operating
air services, flying schools and the institutes engaged
in the manufacture, repair and overhauling including
test of aircraft and their parts.
(g) Regarding search of aircraft and carrying out rescue
operations.
(h) Regarding controlling the noise of aircraft and
preventing environmental pollution cause by the
operation of aircraft.
4. Power of Government of Nepal to issue orders in special situation: (1)
Government of Nepal may, by an order published in the Nepal Gazette, do
as followings if it deems necessary for public safety, peace and order:-
(a) Cancel or suspend all or any license or certificate, granted in accordance with this Act or prevailing law,
in accordance with the terms if, such terms are
prescribed by the Government of Nepal it so required
Amended by Fourth Amendment

5



and without prescribing any terms if terms are not
being prescribed.
(b) Prohibit the flight of all or any types of aircrafts over
Nepal or any part thereof in accordance with the terms
if, having deemed it necessary, Government of Nepal
has prescribed any terms in the order and otherwise
without any terms, or regulate that in accordance with
other modalities prescribed in the same order.
(c) Prohibit or regulate, whether by prescribing any terms
or not, the act of making, or carrying out proper
maintenance thereof, or using aerodrome, aircraft
factory, flying school or club or other types of places
where aircrafts are manufactured or repaired or kept.
(d) To require that any aircraft or any class of aircr ft or
any aerodrome, aircraft factory, flying school or club
or other types of places where aircraft are
manufactured, or repaired or kept should hand over
machinery, plant, including other materials to be us d
for the operation, manufacture, repairing or
maintenance of aircraft to the prescribed authority
immediately or within such period of time or in such
modalities as may be prescribed in the same order,
Government of Nepal may use the things so handed
over in the public service.
(2) If any order made under Clause (c) or (d) of Sub-section (1)
results directly in any loss or damage to any person, uch person shall be

6



compensated therefor with such amount as may be fixed by the authority
appointed by Government of Nepal for that purpose.
(3) Government of Nepal may, for the compliance with any order
made under Sub-section (1), take or cause to be taken such steps as it may
deem necessary. (4) Where any person, who does not comply with the order made
under Sub-section (1) or acts in contravention of such orders, shall be
punished with imprisonment of upto Three years or a fine of up to Five
Thousand Rupees or both. 4A. Power to Declare an Aerodrome Area: (1) Government of Nepal may, by
a Notification published in the Nepal Gazette, declare any are or place in
Nepal specifying its boundaries on all four sides as an aerodrome area.
(2) Government of Nepal, by framing Rules, makes necessary
arrangements for security of the aerodrome area decl red as per Sub-section
(1).
5. Power of Government of Nepal to frame Rules relating to investigation
of accidents: (1) Government of Nepal may frame Rules relating to the
investigation of any accident arising out of the air navigation over the
territory of Nepal or the flight over elsewhere of an aircraft registered in
Nepal; such Rules shall come into force after having been published in the
Nepal Gazette.
(2) Without prejudice to the generality of the powers conferred by
Sub-section (1), the following matters may be provided for in such Rules:-
(a) Providing information of accidents, the form of such
notice and the informant thereof, Amended by Second Amendment Inserted by Fourth Amendment Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

7



(b) Application of the provisions about the investiga on of
accident contained in the prevailing laws of Nepal,
with or without some modifications, to also about the
investigation of such accidents,
(c) Prohibit access to or interference with aircraft to which
an accident has occurred until the investigation thereof
concludes, and empower any person to have access to
such aircraft for the purposes of investigation,
examine, remove, take measures for the preservation
of or otherwise deal with any such aircraft, and
(d) Where it is deemed necessary in course of the
investigation of the accident, cause to, require to or
empower to require to the cancellation, suspension,
endorsement or, surrender of any license or certifica e
granted or recognized in accordance with this Act or
prevailing law, and cause to present any such license
for the purposes of such investigation.
6. Power to Detain Aircraft: (1) The authority empowered therefor by
Government of Nepal may detain any aircraft on the following conditions:-
(a) having regard to the nature of an intended flight, the
flight of such aircraft is likely to endanger to the safety
of persons therein or any other persons or any body's
property, or
(b) In so far as it deems to be expedient to ensure
compliance with any of the provisions of this Act or
the Rules applicable to such aircraft, or to prevent
Amended by Fourth Amendment

8



violations of any Rule made under Clause (b) of Sub-
section (2) of Section 3.
(2) Government of Nepal may frame Rules to regulate ll the
activities which are ancillary or incidental to the exercise of the powers
under Sub-section (1). These Rules, shall come into force after having been
published in the Nepal Gazette.
7. Power of Government of Nepal to frame rules for the protection of
public health: Government of Nepal may frame rules for the prevention of
danger arising to the public health by the introduction or spread of any
infectious or contagious disease from aircraft arriving at or being at any
aerodrome, and for the prevention of the conveyance of such infectious or
contagious disease by means of any aircraft departing from an aerodrome.
These rules shall come into force after having been published in the Nepal
Gazette.
8. Emergency powers for protecting the public health: (1) Government of
Nepal, if it is of the opinion that any dangerous epid mic disease has out
broken or is likely to outbreak in the Nepal or any part thereof and that the
provisions of Nepal Law for the time being in force are not sufficient for
the prevention of danger arising to the public health through the
introduction or spread of the disease by the agency of aircraft, may take or
cause to be taken such measures as it deems necessary for the prevention of
such danger. (2) Government of Nepal may, by notification published in the
Nepal Gazette issue necessary orders to carry out the objectives of Sub-
section (1).
Amended by Fourth Amendment Amended by Third Amendment

9



9. Punishment for the violation of any Rule framed under this Act: Any
person violating any Rule framed under Section 3, Section 5, Section 6,
Section 7 and Section 8 or an order issued shall be punished with
imprisonment upto Three Months or with a fine upto Ten Thousand
rupees or both. 9A. Offence and Punishment: (1) Commission of any of the following acts
shall constitute following offences:
(a) Offence relating to unauthorized entry: If any
aircraft enters into Nepal without obtaining permission
under this Act or the prevalent law, it shall be deem d
to have committed an offence relating to unauthorized
entry.
(b) Offence relating to violation of aerial territory: In
case any aircraft flies over the territory of Nepal
without obtaining permission under the prevalent law
it shall be deemed to have committed an offence
relating to violation of aerial territory.
(c) Unlawful seizure or hijacking of an aircraft: In case
any person on board an aircraft on flight, unlawfully
by force or threat thereof or by displaying any other
type of threat or intimidation, captures or exercises
control over that aircraft, he/she shall be deemed to
have committed the offence of unlawful seizure or
hijacking of the aircraft.

Amended by Fourth Amendment



10



(d) Offence against the safety of air flight: Commission
of any of the following acts, shall constitute an offence
against the safety of air flight:-
(1) Committing an act of violence against a person
on board an aircraft on flight or the likelihood
of any danger to be caused to the safety of an
aircraft by such an act.
(2) Destroying an aircraft in service or causing
damage to such an aircraft by rendering it
incapable of flight or probably endangering its
safety during flight.
(3) Destroying or damaging an aircraft on ground
or the parts or equipments installed in an
aircraft or the air navigation facilities or the aid
equipments relating to communication-aviation
or fire prevention or life saving services and
protection equipments or materials or goods
related thereof or unlawfully taking out any part
or mechanical parts thereof or interfering with
their operation.
(4) Endangering the safety of an aircraft on flight
by communicating any information in spite of
the knowledge of its being false.
(e) Offence against the safety of Aircraft: If any device
or substance is placed or caused to be placed on an
aircraft in service or on ground which is likely to
destroy that aircraft or to render it incapable of flight

11



or to endanger its safety during flight pursuant to
Clause (d), Sub-clause (2), it shall be treated as an
offence committed against the safety of the aircraft.
(f) Offence against the safety or aerodrome: If an
aerodrome and the communication and navigational
aid equipments existing inside or outside an aerodrome
area, visual aids, equipments pertaining to weather and
climate, machines and equipments relating to fire
prevention and life-saving services, other equipments
and machines relating to safety and other machines or
equipments related directly or indirectly to air
navigation, buildings, run-way, taxi-way, apron,
hangar etc. or goods related thereof are in any way
fully or partially spoiled, destructed, damaged or
destroyed, it shall be treated as an offence committed
against the safety or an aerodrome.
(g) Offence against the safety of persons concerned
with Air Navigation: If any attempts are made to
endanger or obstruct air navigation and its safety by
coercing any employees involved in air navigations,
Government or non-Government employees employed
at an aerodrome and any visitor to an aerodrome
including air passenger to deviate from their duties by
abducting or capturing them through intimidation or
threat, with or without arms, or through temptation or
adoption of other means, it shall be treated as an

12



offence committed against the safety or persons
concerned with air navigation.
(2) Making attempts at the Commission of offences mentioned in
Clauses (c), (d), (e), (f) and (g) of Sub-section (1) or being accomplices to
the commission or an attempt at such offences shall be also treated as
offences under this Section.
(3) Those who commit the following offences mentioned in Sub-
section (1), shall be liable to the penalties as mentioned below:
(a) Any person who commits an offence under Clauses (a)
and (b) shall be punished with imprisonment for a term
ranging from One year to Three years.
(b) Any person who commits an offence under Clauses
(c), (d) and (e) shall be punished with imprisonment
for life, and any person who attempts at its
commission or is an accomplice of a person
committing such offences shall be punished with
imprisonment for a term ranging from Fifteen to
Twenty years.
(c) Any person who commits an offence under Clause (f)
shall be punished with imprisonment for a term
ranging from One year to Five years, besides making
him/her liable to pay the amount claimed for the loss.
(d) Any person who commits an offence under Clause (g)
shall be punished with imprisonment for a term of Five
to Ten years.
(e) Notwithstanding anything contained in the Clauses
mentioned above, if as a consequences of any such

13



offence any person on board an aircraft dies or the
aircraft itself is destroyed, the offender shall be
punished with imprisonment for life, and an
accomplice to such an offence shall be punished with
imprisonment for life or for a term of Fifteen to
Twenty years, and the assets of such an offender and
the accomplice shall be confiscated. 9B. Aircraft in flight or in service:
(a) An aircraft shall be deemed to be in flight at any time from the
moment with all its external doors are closed following embarkation
until the moment when any such door is opened for disembarkation.
Provided that, in case of a forced landing, the aircr ft shall be
deemed to be continued in flight until the competent authorities take
over the responsibility for the aircraft and for persons and property
on board.
(b) An aircraft shall be deemed to be in service from the beginning of
the preflight preparation of the aircraft by ground personnel or by the
crew for a specific flight until Twenty Four hours after landing. Such
period of service shall, in any event, extend for the entire period
during which the aircraft is in flight as defined in Clause (a) above. 9C. Conditions to which Section 9A. Applies: The provisions of Section 9A
shall apply to the following conditions:
(1) When the aircraft is engaged in any flight, international or domestic.
Provided that, if the aircraft is registered in the country other
than Nepal, the following conditions must be existed:
Inserted by Second Amendment


14



(a) The place of take-off or landing, actual or intended, of the
aircraft is situated outside the territory of the state in which
the aircraft is registered, or
(b) The offense is committed outside the territory f the state in
which the aircraft is registered.
(2) When the offense is committed against the air nvigation facilities.
Provided that, when such facilities are situated in foreign
country, such facilities must be used in international air flights. 9D. Jurisdiction: (1) The courts of Nepal shall have jurisdiction over the
offenses under Section 9A in any of the following conditions:
(a) When the offense under this Act is committed in the
territory of the Nepal,
(b) When the offense is committed against or on board an
aircraft registered in the Nepal,
(c) When the aircraft on board which the offense is
committed lands in the territory of the Nepal with the
alleged offender still on board,
(d) When the offense is committed against or on board an
aircraft leased without crew (dry lease) to a lesse
who has principal place of business in Nepal or, if the
lessee has no such place of business, his/her perman nt
residence in the Nepal.
(2) Except as provided in Sub-section (1) above, th courts of the
Nepal shall have jurisdiction over the offense under S ction 9A, wherever it
committed, if the accused of such offense is in the territory of Nepal and
Inserted by Second Amendment Amended by Third Amendment

15



he/she is not extradited pursuant to this Act or any extradition treaty to
which Nepal is a party. 9E. Power to Arrest: (1) Where the offense under Section 9A. has been
committed or is about to be committed, personnel of aerodrome, crew of
the aircraft, or personnel of the concerned air transportation service or any
person witnessing the commission or about to the commission of the crime
or identifying the accused or offender with having reasonable ground
thereto, police or personnel of Nepal Army or security personnel or any
other persons may arrest the accused or offender, and h ving arrested the
accused or offender, they should hand over them to the police forthwith.
Provided that, while arresting such criminal or accused, if
circumstances so warrant that it could be detrimental to the lives of the
passengers or other persons or it could cause a great damage to the aircraft
or air transport facilities, other persons other than police and security
personnel should proceed activities to arrest only with the permission of the
police or security personnel.
(2) Air service personnel, police, security personnel may, so as to
arrest under Sub-section (1), seek help of armed police, security personnel
and Nepal Army or other governmental or non-governme tal persons; and
it shall be the duty of such all to render their help thereupon.
(3) If the accused or offender arrested pursuant to this Section is a
citizen of a foreign country, he/she shall be provided with an opportunity
for or assisted in communicating with the nearest appropriate representative
of his/her country; and following the notification of such arrest and the
carrying out of other preliminary inquiries, the con erned countries shall be
Inserted by Second Amendment

16



notified of the findings of such inquiries and also about whether the
jurisdiction of this Act is exercised. 9F. Accused or offender may be extradited : (1) In case where a person
committing the crime under Section 9A is a Non-Nepal se citizen and the
state, in the territory of which the crime is committed or the crime is
committed against the aircraft of which registration, requests the extradition
of such person, Government of Nepal may, notwithstanding anything
contained in the Extradition Act, 2045, extradite such person; and where
he/she is not so extradited, a suit against such person shall be initiated in
the court of Nepal for punishing him/her.
(2) With respect to extradition, any offense mentioned in Section 9A shall
not be treated as a political crime notwithstanding committed by any
person irrespective of his/her position or the motive herefor. 9G. To return the Seizure of aircraft and allow to make flight: If any
aircraft, being subject to the unlawful seizure andhijacking under Clause
(C) of Sub-section (1) of Section 9A, lands in any aerodrome or place of
the Nepal, it shall be handed over to the commander having legal rights
over such aircraft or the personnel of the air transportation service to
repossess thereon; and such aircraft shall be allowed, without any
obstruction and as promptly as possible, to make flight, with its pilot,
passengers and cargo, to the place from where it has made its flight or the
intended destination of such flight.
Inserted by Second Amendment Amended by Fourth Amendment



17



9H. Jurisdiction under other Laws of Nepal: Notwithstanding anything
contained in this Act with respect to punishment for and proceedings in the
offenses under Section 9A., it shall not be deemed to exclude or limit the
exercise of criminal jurisdiction conferred by the existing laws. 9I. Recognition of International conventions relating to the Prevention of
unauthorized Interference in Air Service: (1) If Nepal becomes a party to
any of the following conventions, Government of Nepal may issue order
with specifying the effective date of such conventio for the Nepal and with
indicating other things necessary in course of imple enting such
convention, and such order shall be published in the Nepal Gazette.
(a) Convention on Offenses and Certain Other acts
Committed on Board Aircraft Concluded in Tokyo in
1963 A.D.
(b) Convention for the Suppression of Unlawful Seizure of
Aircraft Concluded in Hague in 1970 A.D.
(c) Convention for the Suppression of Unlawful acts
Against the Safety of Civil Aviation Concluded in
Montreal in 1971 A.D. (d) Any convention specified by Government of Nepal by
publishing a Notification in the Nepal Gazette.
(2) The order issued under Sub-section (1) shall be deemed as the
provision of this Act. 10. Penalties for those Flying an Aircraft in a dangerous way: (1) Any
person who flies an aircraft in a dangerous way which may cause loss or
Inserted by Second Amendment Inserted by Fourth Amendment Amended by Fourth Amendment


18



damage to the life or person of anybody or to any property located at water,
land or in the aerial territory or which may cause obstruction or damage to
any aircraft on flight or on ground shall be punished upto Six Months
imprisonment and a fine from Fifty Thousand Rupees to One Hundred
Thousand Rupees.
(2) If anybody dies or an aircraft gets destroyed as mentioned in
Clause (e) of Sub-section (3) of Section 9A as a result of flying an aircraft
in a dangerous way as mentioned in Sub-section (1), penalties shall be
awarded as provided in the same Clause. 10A. Penalties for access to the restricted areas without permission: (1)
Government of Nepal may, by a Notification published in the Nepal
Gazette, designate the prescribed area of any aerodrome, specified in the
same notice, as the restricted area; and following such designation, it shall
be the responsibility of the Chief Official of the concerned aerodrome to
keep displaying such notice in main places of peopl's passage, around such
restricted area.
(2) Any person without obtaining permission of the chief official of
the concerned aerodrome shall not enter into the restricted area designated
under Sub-section (1).
Provided that, where the chief official of the concerned aerodrome
has, having deemed it reasonable, displaced the notice allowing the general
public to travel within such area in any time for some period, it shall be
deemed, for the purposes of this Sub-section, to have permission obtained
to enter into such restricted area in such time.
Inserted by Second Amendment

19



(3) A person who enters into the restricted area in co travention of
Sub-section (2) may be liable to a fine not exceeding Two Hundred Rupees,
by an order of the chief official of the concerned aerodrome. 10B. To make searches of passenger, or any other persons or goods: (1) The
Chief authority of any aerodrome or an official authorized therefor, or
police or security official may, so as to prevent the commission of the
offenses of under section 9A., may make searches of passengers and their
goods, whether before or after they embark on any aircraft ready to make
flight, and any scientific device and equipment may also be used in making
such searches.
Such searches may also be made of the pilots of the aircraft and
officials of the air transportation service as well as all workers who embark
on or approach to the aircraft for the purposes of managing the flight.
(2) The passengers or persons who refuse to undergo a search under
Sub-section (1) may be denied to embark on or approach to the aircraft.
(3) While making searches of the passengers or pilots under Sub-
section (1), so long as any gun (all types), artificial gun which is illusive or
seems as if it were a real one, other fatal weapons other than gun (sword,
Khukuri (Nepalese sword), knife) or explosive substance (including bomb,
grenade, bullet, gun-powder) have been seized, the following shall be
followed:
(a) If such gun or explosive substance is illegal, the
passenger or person shall be caught and handed over to
the police for legal proceedings.
(b) Where it has been tried to secretly keep or carry such
gun, artificial gun, other fatal weapons or explosive
Inserted by Second Amendment

20



substances, although they are not illegal, without
providing information thereof, the chief official of the
aerodrome or personnel authorized therefor, or police
or security officials may, as they deem proper, hand
over the real or artificial gun, fatal weapon or
explosive substance to the commander of the aircraft,
or seize such weapons of substances and allow only
the passenger or pilot to proceed, or stop the passenger
or pilot also and make necessary inquiries thereabout
and only in so far as they are convinced that not ay
mala fide intention to commit an offense is there, such
passenger or pilot may be allowed to proceed or carry
such gun, weapon, explosive substances.
(4) If information has been received or the circumstances so warrant
to suspect thereof that any person, with an intention o the commit the
criminal offenses under section 9A. or other prevailing Nepalese laws,
carrying any type of gun, artificial gun, fatal weapons, or explosive
substances, has entered or is about to enter into the aerodrome or any
restricted areas thereof, the chief official of theaerodrome or the personnel
authorized by him/her therefor or security officials or police or military
officials deputed to maintain security of the aerodrome may, without
warrant, make searches of such persons and goods with uch persons and, if
such gun, other weapons or explosive substances have been seized, shall
hand over them to the police for making necessary inquiries and actions.
(5) If any personnel, in the course of carrying outhis/her duty, stops
or prohibits, in good faith under this Section, any person from embarking
on or approaching to the aircraft or entering into any restricted area of the

21



aerodrome, and thereupon, the flight time of aircraft becomes late or any
damage is caused to the aircraft, the personnel shall not have any legal
responsibility to any person therefor.
Explanation: For the purpose of this Section the term "pilots"
includes flight engineer, radio officer, flight navigator, airhostess, cabin
attendant and purser.
11. Penalties for abetment or attempt of offenses: In case, any person abets
others to commit any offense violating prescribed air safety provisions
and other matters which is punishable under this Act or Rules framed un er
this Act, or attempts to commit such offense, and if such attempt does any
act towards the commission of the offense, shall be iable to the penalties
provided for the offense. 12. The Authority to hear cases, and proceedings for such cases: (1) The
local District Court shall have the power to make initial proceeding
(Original Jurisdiction) and decision upon cases under this Act.
(2) In deciding the case, the District Court may give orders to
confiscate and take over by Government of Nepal the aircraft or substance
or both related to the offense under the Rules framed in respect of Clause
(b) or (e) of Sub-section (2) Section 3 and to the act in contravention with
the order under Sub-section (1) of Section 4.

Proviso Inserted by Third Amendment Inserted by Fourth Amendment Amended by Second Amendment Amended by Fourth Amendment



22



(3) In hearing and deciding the cases related to the offense under
Section 9A., the District Court shall follow the procedures as prescribed in Special Court Act, 2059.
(4) An appeal against any decision made by District Court under
Sub-section (1) or (2) may be filed before the ‽Court of Appeal within
Thirty-Five days of such decision.
12A. ..........................
13. Power to Apply Nepal law relating to Customs: Government of Nepal
may, by a Notification published in the Nepal Gazette, apply the provisions
of prevailing Nepal Law, all or with modifications as may be specified in
the notification, related to the import and export f goods, also for the
purpose of import and export of goods by air ways.
14. Prohibition of Certain Suits: If any person makes flight of an aircraft in
any height over the assets of a person and that flight is reasonable on
account of wind, weather, and other circumstances, no civil suit shall be
initiated in any court against him/her for his/her tr spassing to others assets
or causing direct or indirect damage or loss to others by reason only of
making such flight or any ordinary incident resulted from such flight. 14A. Government to be the Plaintiff: Government of Nepal shall be plaintiff in
the cases under Section 9A.
14B. Granting Waivers: Notwithstanding anything contained in the prevalent
law, Government of Nepal may, taking into consideration a persons'
Transformed by Special Court Act, 2059 ‽ Amended by Administration of Justice Act, 2048 Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 Inserted by Second Amendment Inserted by Fourth Amendment Amended by Second Amendment

23



technical knowledge and efficiency, grant waivers in respect of some of the
qualifications concerning license for air service operation, efficiency rating
or qualifications required for other certificates to any person who may have
acquired membership of any army aviation squad or gained experience and
technical knowledge about civil aviation recognized by the Government of
Nepal or who may have got through any special examin tion prescribed by
Government of Nepal. 14C. Powers may be Delegated: (1) Government of Nepal may, by publishing a
Notification in the Nepal Gazette, delegate its powers conferred to it under
this Act and the Rules framed thereunder to be exercised by anybody or any
official.
15. Saving for acts done in good faith: No suit, prosecution or other legal
proceedings shall initiate against any person for anything done in good faith
intended to be done under this Act. 16. Saving of application of Act: Nothing in this Act, or in Rule framed or
order issued thereunder, shall apply to
............................. any aircraft
belonging to Government of Nepal or Nepalese Army.

Removed by Some Nepal Laws Amendment Act, 2063