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PROTECTIONAND ENFORCEMENT OFINTERESTS
INAIRCRAFT OBJECTS BILL, 2022
Syllabus Section: GS II (Governance)
Why in News?
• Recently, the Ministry of Civil Aviation has released the draft Protection and Enforcement of I
nterests in Aircraft Objects Bill, 2022.
The proposed law provides remedies such as repossession of an aircraft object, or its
sale or lease or collection of income from its use as well as de-registration and export of
planes.
It also suggests remedies pending final adjudication of a claim as well as safeguards a
creditor's claim during insolvency proceedings against its Indian buyer.
More About the News:
• The bill will help international aircraft leasing companies to repossess and transfer planes
out of India in case of a financial dispute with an Indian airline at a time many regional
airlines have been refused planes on rent
The proposed legislation comes more than 14 years after India acceded to Cape Town
Convention.
Read more : Mains Answer Writing
Key Points of Draft Legislation
• Purpose:
The Bill implements the provisions of the Convention on International I nterests in Mobile
Equipment and Protocol on Matters Specific to Aircraft Equ ipment which was adopted at a
conference in Cape Town in 2001.
• Need:
• The draft legislation is necessary because several Indian laws such as the Companies
Act, 2013 and the Insolvency and Bankruptcy Code, 2016 are in conflict with the Cape
Town Convention and Protocol.
• International leasing companies faced challenges in repossessing and exporting aircraft.
• The Indian entities have suffered as international financial institutions demand
implementation legislation.
Cape Town Convention and Protocol:
>
- It was the Protocol on Matters Specific to Aircraft Equipment, concluded in Cape Town on
16th November 2001
>
- The Convention and the Protocol, were adopted under the joint auspices of the International
Civil Aviation Organisation (!CAO) and the International Institute for the Unification of
Private Law (UNIDROIT).
• !CAO is a United Nations (UN) specialized agency, established in 1944, which laid the
foundation for the standards and procedures for peaceful global air navigation. I ndia
is a member.
>
- The objective of the Protocol is to resolve the problem of obtaining certain and opposable
rights to high-value aviation assets, namely airframes, aircraft engines and helicopters
which, by their nature, have no fixed location.
Read more : UPSC Answer Writing
EDEN IAS (www.edenias.com) - Educational
Development & Enrichment Network
For any queries contact us on
Website - https://edenias.com /
Phone No- 9354344200, 9310855720, 9315227819
Source: The Hindu

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PROTECTION AND ENFORCEMENT OF INTERESTS IN AIRCRAFT OBJECTS BILL (1).pptx

  • 1. PROTECTIONAND ENFORCEMENT OFINTERESTS INAIRCRAFT OBJECTS BILL, 2022 Syllabus Section: GS II (Governance) Why in News? • Recently, the Ministry of Civil Aviation has released the draft Protection and Enforcement of I nterests in Aircraft Objects Bill, 2022. The proposed law provides remedies such as repossession of an aircraft object, or its sale or lease or collection of income from its use as well as de-registration and export of planes. It also suggests remedies pending final adjudication of a claim as well as safeguards a creditor's claim during insolvency proceedings against its Indian buyer. More About the News: • The bill will help international aircraft leasing companies to repossess and transfer planes out of India in case of a financial dispute with an Indian airline at a time many regional airlines have been refused planes on rent The proposed legislation comes more than 14 years after India acceded to Cape Town Convention. Read more : Mains Answer Writing Key Points of Draft Legislation • Purpose: The Bill implements the provisions of the Convention on International I nterests in Mobile Equipment and Protocol on Matters Specific to Aircraft Equ ipment which was adopted at a conference in Cape Town in 2001. • Need:
  • 2. • The draft legislation is necessary because several Indian laws such as the Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016 are in conflict with the Cape Town Convention and Protocol. • International leasing companies faced challenges in repossessing and exporting aircraft. • The Indian entities have suffered as international financial institutions demand implementation legislation. Cape Town Convention and Protocol: > - It was the Protocol on Matters Specific to Aircraft Equipment, concluded in Cape Town on 16th November 2001 > - The Convention and the Protocol, were adopted under the joint auspices of the International Civil Aviation Organisation (!CAO) and the International Institute for the Unification of Private Law (UNIDROIT). • !CAO is a United Nations (UN) specialized agency, established in 1944, which laid the foundation for the standards and procedures for peaceful global air navigation. I ndia is a member. > - The objective of the Protocol is to resolve the problem of obtaining certain and opposable rights to high-value aviation assets, namely airframes, aircraft engines and helicopters which, by their nature, have no fixed location. Read more : UPSC Answer Writing EDEN IAS (www.edenias.com) - Educational Development & Enrichment Network For any queries contact us on Website - https://edenias.com / Phone No- 9354344200, 9310855720, 9315227819 Source: The Hindu