140 India

Three equal horizontal bands of saffron (subdued orange) (top), white, and green, with a blue chakra (24-spoked wheel) centered in the white band. Saffron represents courage, sacrifice, and the spirit of renunciation. White signifies purity and truth. Green stands for faith and fertility. The blue chakra symbolizes the wheel of life in movement and death in stagnation.

Flag courtesy of the CIA World Factbook

Map courtesy of the CIA World Factbook

Google Earth

The Taj Mahal was built by Emperor Shah Jahan between 1632 and 1653 to honor the memory of his favorite wife. Located 125 miles from New Delhi in Agra, it took nearly 22 years, 22,000 workers, and 1,000 elephants to complete the white marble mausoleum. The structure became a UNESCO World Heritage Site in 1983.

Photo courtesy of the CIA World Factbook

India is a member of ICAO and JARUS.
Last updated on April 19, 2024

Government

According to Britannica, the architects of India’s constitution, though drawing on many external sources, were most heavily influenced by the British model of parliamentary democracy. In addition, a number of principles were adopted from the Constitution of the United States of America, including the separation of powers among the major branches of government, the establishment of a supreme court, and the adoption, albeit in modified form, of a federal structure (a constitutional division of power between the union [central] and state governments). The mechanical details for running the central government, however, were largely carried over from the Government of India Act of 1935, passed by the British Parliament, which served as India’s constitution in the waning days of British colonial rule.

The new constitution promulgated on January 26, 1950, proclaimed India “a sovereign socialist secular democratic republic.” With 395 articles, 10 (later 12) schedules (each clarifying and expanding upon a number of articles), and more than 90 amendments, it is one of the longest and most detailed constitutions in the world. The constitution includes a detailed list of “fundamental rights,” a lengthy list of “directive principles of state policy” (goals that the state is obligated to promote, though with no specified timetable for their accomplishment [an idea taken from the Irish constitution]), and a much shorter list of “fundamental duties” of the citizen.

The remainder of the constitution outlines in great detail the structure, powers, and manner of operation of the union (central) and state governments. It also includes provisions for protecting the rights and promoting the interests of certain classes of citizens (e.g., disadvantaged social groups, officially designated as “Scheduled Castes” and “Scheduled Tribes”) and the process for constitutional amendment. The extraordinary specificity of India’s constitution is such that amendments, which average nearly two per year, have frequently been required to deal with issues that in other countries would be handled by routine legislation. With a few exceptions, the passage of an amendment requires only a simple majority of both houses of parliament, but this majority must form two-thirds of those present and voting.

The three lists contained in the constitution’s seventh schedule detail the areas in which the union and state governments may legislate. The union list outlines the areas in which the union government has exclusive authority, which include foreign policy, defense, communications, currency, taxation on corporations and nonagricultural income, and railroads. State governments have the sole power to legislate on such subjects as law and order, public health and sanitation, local government, betting and gambling, and taxation on agricultural income, entertainment, and alcoholic beverages. The items on the concurrent list include those on which both the union government and state governments may legislate, though a union law generally takes precedence; among these areas are criminal law, marriage and divorce, contracts, economic and social planning, population control and family planning, trade unions, social security, and education. Matters requiring legislation that are not specifically covered in the listed powers lie within the exclusive domain of the central government.

An exceedingly important power of the union government is that of creating new states, combining states, changing state boundaries, and terminating a state’s existence. The union government may also create and dissolve any of the union territories, whose powers are more limited than those of the states. Although the states exercise either sole or joint control over a substantial range of issues, the constitution establishes a more dominant role for the union government.

The three branches of the union government are charged with different responsibilities, but the constitution also provides a fair degree of interdependence. The executive branch consists of the president, vice president, and a Council of Ministers, led by the prime minister. Within the legislative branch are the two houses of parliament, the lower house, or Lok Sabha (House of the People), and the upper house, or Rajya Sabha (Council of States). The president of India is also considered part of parliament. At the apex of the judicial branch is the Supreme Court, whose decisions are binding on the higher and lower courts of the state governments.

India’s head of state is the president who is elected to a five-year renewable term by an electoral college consisting of the elected members of both houses of parliament and the elected members of the legislative assemblies of all the states. The vice president, chosen by an electoral college made up of only the two houses of parliament, presides over the Rajya Sabha. If the president dies or otherwise leaves office, the vice president assumes the position until an election can be held.

The powers of the president are largely nominal and ceremonial, except in times of emergency, and the president normally acts on the advice of the prime minister. The proper limits of the president’s power are sometimes a matter for debate. The president may, however, proclaim a national state of emergency when there is perceived to be a grave threat to the country’s security or impose direct presidential rule at the state level when it is thought that a particular state legislative assembly has become incapable of functioning effectively. The president may also dissolve the Lok Sabha and call for new parliamentary elections after a prime minister loses a vote of confidence.

Effective executive power rests with the Council of Ministers, headed by the prime minister, who is chosen by the majority party or coalition in the Lok Sabha and is formally appointed by the president. The Council of Ministers, also formally appointed by the president, is selected by the prime minister. The most important group within the council is the cabinet. Cabinet portfolios are assigned partly on the basis of interest and competence but also on the basis of demonstrated loyalty to the ruling party or party leader and on the implicit need to represent the country’s major regions and population groups (e.g., based on religion, language, caste, and gender). The prime minister and the Council of Ministers remain in power throughout the term of the Lok Sabha, unless they lose a vote of confidence.

Of the two houses of parliament, the more powerful is the Lok Sabha, in which the prime minister leads the ruling party or coalition. The constitution limits the number of elected members of the Lok Sabha to 530 from the states and 20 from the union territories, allotted roughly in proportion to their population. The president may also nominate two members of the Anglo-Indian community if it appears that this community is not being adequately represented. Members of the Lok Sabha serve for terms of five years, unless the house is dissolved before that.

Membership in the Rajya Sabha is not to exceed 250. Of these members, 12 are nominated by the president to represent literature, science, art, and social service, and the balance are proportionally elected by the state legislative assemblies. The Rajya Sabha is not subject to dissolution, but one-third of its members retire at the end of every second year. Legislative bills may originate in either house—except for financial bills, which may originate only in the Lok Sabha, and require passage by simple majorities in both houses in order to become law.

The day-to-day functioning of the government is performed by permanent ministries and other public service agencies. These are led by members of the Indian Administrative Service and other specialized services, who are chosen by competitive examination. Rules of recruitment and retirement and conditions of service are determined by the Union Public Service Commission (or, for state governments, by state public service commissions). There has been a steady proliferation of agencies and growth in the size of the bureaucracy since independence, with a concomitant increase in regulations, which often impede, rather than facilitate, administration.

India’s foreign policy has been officially one of nonalignment with any of the world’s major power blocs. The country was a founding member of the Nonaligned Movement during the Cold War. India has also been a major player among the group of more than 100 low-income countries, loosely described as the “Global South,” that have sought to deal collectively in economic matters with the industrialized states of the “Global North.”

India has maintained its membership in the Commonwealth (formerly the British Commonwealth of Nations), and in 1950 it became the first Commonwealth country to change from a dominion to a republic. It was a charter member, even though not yet independent, of the United Nations (as it was of the earlier League of Nations) and has played an active role in virtually all the organs within the United Nations system. In 1985 India joined six neighboring countries in launching the South Asian Association for Regional Cooperation.

The government structure of the states, defined by the constitution, closely resembles that of the union. The executive branch is composed of a governor, like the president, a mostly nominal and ceremonial post, and a council of ministers, led by the chief minister.

All states have a Vidhan Sabha (Legislative Assembly), popularly elected for terms of up to five years, while a small (and declining) number of states also have an upper house, the Vidhan Parishad (Legislative Council), roughly comparable to the Rajya Sabha, with memberships that may not be more than one-third the size of the assemblies. In these councils, one-sixth of the members are nominated by the governor, and the remainder are elected by various categories of specially qualified voters. State governors are also regarded as members of the legislative assemblies, which they may suspend or dissolve when no party is able to muster a working majority.

Each Indian state is organized into a number of districts, which are divided for certain administrative purposes into units variously known as tahsils, taluqs, or subdivisions. These are further divided into community development blocks, each typically consisting of about 100 villages. Superimposed on these units is a three-tiered system of local government. At the lowest level, each village elects its own governing council (gram pancayat). The chairman of a gram pancayat is also the village representative on the council of the community development block (pancayat samiti). Each pancayat samiti, in turn, selects a representative to the district-level council (zila parishad). Separate from this system are the municipalities, which generally are governed by their own elected councils.

From the state down to the village, government appointees administer the various government departments and agencies. Financial grants from higher levels, often made on a matching basis, provide developmental incentives and facilitate the execution of desired projects. Approving, withholding, or manipulating grants, however, often serves as a lever for the accumulation of personal power and as a vehicle of corruption.

The tradition of an independent judiciary has taken strong root in India. The Supreme Court, whose presidentially appointed judges may serve until the age of 65, determines the constitutional validity of union government legislation, adjudicates disputes between the union and the states (as well as disputes between two or more states), and handles appeals from lower-level courts. Each state has a high court and a number of lower courts. The high courts may rule on the constitutionality of state laws, issue a variety of writs, and serve as courts of appeal from the lower courts, over which they exercise general oversight.

Civil / National Aviation Authority (CAA/NAA)

Located at Rajiv Gandhi Bhavan at the Safdarjung Airport in New Delhi, the Ministry of Civil Aviation is responsible for formulation of national policies and programs for the development and regulation of the Civil Aviation sector in the country. It is responsible for the administration of the Aircraft Act, 1934, Aircraft Rules, 1937 and various other legislations pertaining to the aviation sector in the country. This Ministry exercises administrative control over attached and autonomous organizations like the Directorate General of Civil Aviation, Bureau of Civil Aviation Security and Indira Gandhi Rashtriya Uran Akademi and affiliated Public Sector Undertakings like Airports Authority of India and Pawan Hans Helicopters Limited. The Commission of Railway Safety, which is responsible for safety in rail travel and operations in terms of the provisions of the Railways Act, 1989 also comes under the administrative control of this Ministry. The Directorate General of Civil Aviation (DGCA) is the regulatory body in the field of Civil Aviation, primarily dealing with safety issues. It is responsible for regulation of air transport services to/from/within India and for enforcement of civil air regulations, air safety, and airworthiness standards. The DGCA also co-ordinates all regulatory functions with the ICAO.

Airspace

SkyVectorGoogle MapsADS-B Exchange

ICAO countries publish an Aeronautical Information Publication (AIP). This document is divided into three parts: General (GEN), En Route (ENR) and Aerodromes (AD). ENR 1.4 details the types of airspace classes they chose to adopt from classes A through G. India AIP – website down sometimes

Drone Regulations

Drone Rules

DRONE AMENDMENTS of 2023

DRONE TRAINING CIRCULAR 01 OF 2022

DRONE TRAINING CIRCULAR 02 OF 2022

DRONE TRAINING CIRCULAR 03 OF 2022

Remote Pilot License Examination & Syllabus Category 1

Digital Sky – Get your Import Clearance/ UIN/ UAOP

List of DGCA Approved Trainers on RPAs

Flying Training Organizations(RPA)

FTIC 1 of 2019 – Training And Procedures Manual For Remote Pilot Training

 

MINISTRY OF CIVIL AVIATION NOTIFICATION

New Delhi, the 11th February, 2022 Drone (Amendment) Rules, 2022 G.S.R. 108(E).—

In exercise of the powers conferred by section 5, sub-section 2 of section 10 and sections 10A, 10B and 12A of the Aircraft Act, 1934 (22 of 1934), and after dispensing with the condition of previous publication in the public interest as required under the proviso to section 14 thereof, the Central Government hereby makes the following rules to amend the Drone Rules, 2021, namely:––

1. (1) These rules may be called the Drone (Amendment) Rules, 2022.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In rule 3 of the Drone Rules, 2021 (hereinafter referred to as the said rules), in sub-rule (1), for clause (t), the following clause shall be substituted, namely:-

(t) ―Remote Pilot Certificate‖ means the certificate issued by an authorized remote pilot training organization to any individual under rule 34;‘.

3. In rule 16 of the said rules, in sub-rule (1), for the words ―within a period of thirty-one days falling after the said date, the words, figures and letters ―on or before the thirty-first day of March, 2022, shall be substituted.

4. In Part VI of the said rules, for the heading occurring under that Part, the heading ―REMOTE PILOT CERTIFICATE shall be substituted and for the word ―license wherever it occurs, the word ―certificate shall be substituted.

5. In Parts VII, VIII and Part XII of the said rules, for the word ―license wherever it occurs, the word ―certificate shall be substituted.

6. In rule 34 of the said rules, sub-rule (4) shall be omitted.

7. In rule 35 of the said rules, in clause (c), for the words ―Director General, the words ―authorized remote pilot training organization shall be substituted.

8. In rule 53 of the said rules, the word ―license shall be omitted.

9. In Forms D-1 and D-2 of the said rules, in Part B, after serial number 15 and before Part C, the following Note shall be inserted, namely:- ―Note.- Serial numbers 10, 11 and DIN in serial number 12 shall not apply to any Ministry, Department, police force or institution under the control of the Central Government or State Government.

10. In Form D-3 of the said rules, in Part C, after serial number 28 and before Part D, the following Note shall be inserted, namely:- ―Note.- Serial numbers 23, 24 and DIN in serial number 25 shall not apply to any Ministry, Department, police force or institution under the control of the Central Government or State Government.

11. In Form D-4 of the said rules, in the heading, for the word ―LICENSE, the word ―CERTIFICATE shall be substituted.

12. In Form D-5 of the said rules, in Part B, after serial number 15 and before Part C, the following Note shall be inserted, namely:- ―Note.- Serial numbers 10, 11 and DIN in serial number 12 shall not apply to any Ministry, Department, police force or institution under the control of the Central Government or State Government.

[F. No. AV-29017/37/2021-SDIT-MOCA] AMBER DUBEY, Jt. Secy.

Foot note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification number G.S.R. 589(E), dated the 25th August, 2021.

MINISTRY OF CIVIL AVIATION NOTIFICATION

New Delhi, the 25th August, 2021 The Drone Rules, 2021 G.S.R. 589(E).—

Whereas, the draft of the Drone Rules, 2021, which the Central Government had proposed to make in supersession of the Unmanned Aircraft System Rules, 2021, were published, as required under section 14 of the Aircraft Act, 1934 (22 of 1934), vide notification of the Government of India in the Ministry of Civil Aviation number G.S.R. 489 (E), dated the 15th July, 2021 in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 15th July, 2021, inviting objections and suggestions from all persons likely to be affected thereby, before the specified period;

And whereas, the objections and suggestions received in respect of the draft rules within the period so specified have been taken into consideration;

Now, therefore, in exercise of the powers conferred by section 5, sub-section (2) of section 10 and sections 10A, 10B and 12A of the Aircraft Act, 1934 (22 of 1934), the Central Government hereby makes the following rules, namely:–

PART I – PRELIMINARY

1. Short title and commencement. —

(1) These rules may be called the Drone Rules, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Application.––

(1) These rules shall apply to––

(a) all persons owning or possessing, or engaged in leasing, operating, transferring or maintaining an unmanned aircraft system in India;

(b) all unmanned aircraft systems that are registered in India; and

(c) all unmanned aircraft systems that are being operated for the time being, in or over India.

(2) The provisions of the Aircraft Rules, 1937 shall not apply to unmanned aircraft systems except in case of an unmanned aircraft system with maximum all-up-weight of more than 500 kilograms;

(3) These rules shall not apply to an unmanned aircraft system belonging to, or used by, the naval, military or air forces of the Union of India.

3. Definitions.—

(1) In these rules, unless the context otherwise requires, –

(a) “Act” means the Aircraft Act, 1934 (22 of 1934);

(b) “accident” means any accident associated with the operation of an unmanned aircraft system in which a person is fatally or seriously injured or where the unmanned aircraft system sustains significant damage or goes missing or is completely inaccessible;

(c) “aeroplane” means any power-driven heavier than air aircraft machine deriving support for its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

(d) “authorized remote pilot training organization” means an organization authorized by the Director General for the purpose of imparting training under rule 39;

(e) “authorized testing entity” means an entity authorized by the Director General or the Quality Council of India for the purpose of testing unmanned aircraft system for type certification;

(f) “Contracting State” means any country which is for the time being a party to the Convention on International Civil Aviation concluded at Chicago on 7th December 1944;

(g) “digital sky platform” means the online platform hosted by the Directorate General of Civil Aviation for various activities related to the management of unmanned aircraft system activities in India;

(h) “Director General” means the Director General of Civil Aviation appointed under section 4A of the Act;

(i) “Drone” means an unmanned aircraft system;

(j) “Drone acknowledgement number” means the unique number issued by the digital sky platform under the voluntary disclosure scheme for unmanned aircraft systems in India;

(k) “Geo-fencing” means restricting the movement of unmanned aircraft system within a defined airspace;

(l) “green zone” means the airspace of defined dimensions above the land areas or territorial waters of India, up to a vertical distance of 400 feet or 120 meter that has not been designated as a red zone or yellow zone in the airspace map for unmanned aircraft system operations and the airspace up to a vertical distance of 200 feet or 60 meter above the area located between a lateral distance of 8 kilometer and 12 kilometer from the perimeter of an operational airport:

“yellow zone” means the airspace of defined dimensions above the land areas or territorial waters of India within which unmanned aircraft system operations are restricted and shall require permission from the concerned air traffic control authority. The airspace above 400 feet or 120 meter in the designated green zone and the airspace above 200 feet or 60 meter in the area located between the lateral distance of 8 kilometer and 12 kilometer from the perimeter of an operational airport, shall be designated as yellow zone;

“red zone” means the airspace of defined dimensions, above the land areas or territorial waters of India, or any installation or notified port limits specified by the Central Government beyond the territorial waters of India, within which unmanned aircraft system operations shall be permitted only by the Central Government;

(m) “hybrid unmanned aircraft” means a heavier-than-air unmanned aircraft capable of vertical take-off and landing which depends principally on power-driven lift devices or engine thrust for the lift during the flight regimes and on non-rotating airfoil for lift during horizontal flight;

(n) “model remotely piloted aircraft system” means a remotely piloted aircraft system, with all-up weight not exceeding twenty-five kilograms, used for educational, research, design, testing or recreational purpose only and operated within visual line of sight;

(o) “Operator” means a person engaged in, or offering to engage in, an operation involving an unmanned aircraft system;

(p) “person” includes an individual, a company, a firm, an association of persons, a body of individuals, a local authority, the Central Government, the State Government and any legal entity, whether incorporated or not;

(q) “prototype unmanned aircraft system” means an unmanned aircraft system developed for the purpose of research and development or obtaining a type certificate;

(r) “Quality Council of India” is the autonomous body set up by the Government of India jointly with the Indian Industry in a public private partnership to establish and operate national accreditation structure and promote quality;

(s) “remote pilot” means an individual charged by the operator with duties essential to the operation of an unmanned aircraft and who manipulates the flight controls, as appropriate, during flight time;

(t) “remote pilot license” means the license issued by Director General to any individual under rule 34;

(u) “remote pilot station” means the component of the remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft;

(v) “remotely piloted aircraft” means an unmanned aircraft that is piloted from a remote pilot station;

(w) “remotely piloted aircraft system” means a remotely piloted aircraft, its associated remote pilot stations, the required command and control links and any other components as specified in the type design;

(x) “Rotorcraft” means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more power driven rotors on substantially vertical axes;

(y) “type certificate” means a certificate issued by the Director General or any other entity authorized by the Director General, certifying that the unmanned aircraft system of a specific type meets with the requirements specified under these rules;

(z) “type of unmanned aircraft system” means all unmanned aircraft systems of the same basic design including all modifications thereto, except those modifications which result in a change in handling or flight characteristics;

(za) “Unique Identification Number” means the unique identification number issued for registering an unmanned aircraft system in India;

(zb) “unmanned aircraft system” means an aircraft that can operate autonomously or can be operated remotely without a pilot on board;

(zc) “Unmanned Aircraft System Traffic Management System” means a system that provides traffic management for safe and expeditious flow of unmanned aircraft traffic and avoids collision between manned and unmanned aircraft through the collaborative integration of persons, information, technology, facilities and services;

(2) The words and expressions used herein but not defined, and defined in the Aircraft Act, 1934 or in the Aircraft Rules, 1937 shall have the same meaning as assigned to them in the said Act or the rules.

PART II – CLASSIFICATION OF UNMANNED AIRCRAFT SYSTEM

4. Categorization of unmanned aircraft system.—

(1) The unmanned aircraft system shall be categorized into the following three categories, namely:––

(a) aeroplane;

(b) rotorcraft; and

(c) hybrid unmanned aircraft system.

(2) The aeroplane, rotorcraft and hybrid unmanned aircraft system shall be further sub-categorized as follows:––

(a) remotely piloted aircraft system;

(b) model remotely piloted aircraft system; and

(c) autonomous unmanned aircraft system.

5. Classification of unmanned aircraft systems.—

The unmanned aircraft system shall, based on the maximum all-up weight including payload, be classified as follows:–––

(a) Nano unmanned aircraft system: weighing less than or equal to 250 grams;

(b) Micro unmanned aircraft system: weighing more than 250 grams, but less than or equal to 2 kilograms;

(c) Small unmanned aircraft system: weighing more than 2 kilograms, but less than or equal to 25 kilograms;

(d) Medium unmanned aircraft system: weighing more than 25 kilograms, but less than or equal to 150 kilograms; and

(e) Large unmanned aircraft system: weighing more than 150 kilograms.

PART III – CERTIFICATION OF UNMANNED AIRCRAFT SYSTEM

6. General.—

No person shall operate an unmanned aircraft system in India unless such unmanned aircraft system conforms to a type certificate or is exempted from the requirement of a type certificate under these rules.

7. Certification standards.––

The Central Government may, on the recommendation of the Quality Council of India, by notification in the Official Gazette, specify the standards for obtaining a type certificate for unmanned aircraft systems and such standards may promote the use of the following—

(a) made-in-India technologies, designs, components and unmanned aircraft systems; and

(b) Indian regional navigation satellite system, namely, Navigation with Indian Constellation.

8. Type certification.––

The Director General or any entity authorized by the Director General in this behalf, may, on the recommendation of the Quality Council of India or an authorized testing entity, issue a type certificate for any particular type of unmanned aircraft system.

9. Application and procedure for issuance of type certificate.––

(1) Any person, who intends to obtain a type certificate, shall make an application in Form D-1 on the digital sky platform along with the fee as specified in rule 46 and the following––

(a) particulars of the applicant;

(b) details and required documents in respect of the prototype unmanned aircraft system as specified therein; and

(c) the prototype unmanned aircraft system shall be physically handed over to the authorized testing entity specified therein.

(2) The Quality Council of India or the authorized testing entity shall examine the proposal and submit the test report along with its recommendations to the Director General within sixty days from the date of receipt of the application.

(3) On the basis of test report along with the recommendations received under sub-rule (2), and on being satisfied, the Director General shall issue to the applicant a type certificate for the specific type of unmanned aircraft system within fifteen days of receiving such test report.

10. Acceptance of approvals given by foreign regulators.––

On the basis of the approval granted to any type of unmanned aircraft system by such of the Contracting States, as may be specified by the Central Government by notification in the Official Gazette, the Director General may issue type certification to that type of unmanned aircraft system.

11. Imports.––

Import of unmanned aircraft systems shall be regulated by the Directorate General of Foreign Trade or any other entity authorized by the Central Government.

12. Mandatory safety features.––

(1) The Central Government may, in future, by notification in the Official Gazette, specify safety features to be installed on an unmanned aircraft system by persons owning it, which may include among others, the following safety features, namely:––

(a) ‘No Permission – No Takeoff’ hardware and firmware;

(b) Real-time tracking beacon that communicates the unmanned aircraft system’s location, altitude, speed and unique identification number; and

(c) Geo-fencing capability.

(2) Every person who owns an unmanned aircraft system shall adopt safety features notified under sub-rule (1) within such period, not less than six months from the date of publication of such notification, as the Central Government may specify.

13. Exemption from obtaining type certificate in certain cases.—

(1) No type certificate shall be required for manufacturing or importing an unmanned aircraft system.

(2) No type certificate shall be required for operating the following, namely:––

(a) a model remotely piloted aircraft system; and

(b) a nano unmanned aircraft system.

PART IV – REGISTRATION OF UNMANNED AIRCRAFT SYSTEM

14. General.––

(1) No person shall operate an unmanned aircraft system without first registering it on the digital sky platform and obtaining a unique identification number, unless exempted from the requirement of a unique identification number under these rules.

(2) A registration record shall be maintained by the Director General of all such unmanned aircraft systems to which unique identification number has been issued under these rules.

(3) It shall be the responsibility of the person operating an unmanned aircraft system to ensure that such unmanned aircraft system conforms to a valid type certificate.

15. Application and procedure for registration.––

(1) Any person who intends to register and obtain a unique identification number for his unmanned aircraft system shall make an application in Form D-2 on the digital sky platform along with the fee as specified in rule 46 and provide requisite details including the unique number of the type certificate to which such unmanned aircraft system conforms to.

(2) The digital sky platform shall verify the details and issue a unique identification number to the applicant.

(3) The unique identification number of an unmanned aircraft system shall be linked to the unique serial number provided by the manufacturer and the unique serial numbers of its flight control module and remote pilot station.

(4) No person shall replace the flight control module or remote pilot station of an unmanned aircraft system whose serial number is linked to such unmanned aircraft system’s unique identification number, without first updating, on the digital sky platform, the unique serial number of the new flight control module or remote pilot station, within a period of seven days from the date of such replacement or before operating such unmanned aircraft system, whichever is earlier.

16. Registration of existing unmanned aircraft systems.––

(1) A person owning an unmanned aircraft system manufactured in India or imported into India on or before the 30th day of November, 2021 shall, within a period of thirty one days falling after the said date, make an application to register and obtain a unique identification number for his unmanned aircraft system and provide requisite details in Form D-2 on the digital sky platform along with the fee as specified in rule 46.

(2) The digital sky platform shall verify the details furnished under sub-rule (1) and issue a unique identification number to the applicant, if the unmanned aircraft system––

(a) has a valid Drone Acknowledgement Number issued by the digital sky platform on or before the date mentioned in sub-rule (1);

(b) has a Goods and Service Tax paid invoice for the unmanned aircraft system; and

(c) is part of the list of unmanned aircraft systems published on the digital sky platform by the Director General.

17. Transfer of unmanned aircraft systems.––

(1) A person may transfer an unmanned aircraft system to another person by way of sale, lease, gift or any other mode, after providing requisite details of the transferor, transferee and unique identification number of the unmanned aircraft system in Form D-3 on the digital sky platform, along with the fee as specified in rule 46.

(2) A transfer referred to in sub-rule (1) shall be effected in the registration record maintained by the Director General and a transaction number shall be generated by the digital sky platform after electronic verification of the transferor, transferee and the unique identification number.

18. De-registration of unmanned aircraft systems.––

(1) Where an unmanned aircraft system registered in a person’s name is either permanently lost or permanently damaged, he shall, on arriving at a reasonable conclusion that it is so lost or damaged, apply for de-registration of such unmanned aircraft system by submitting an application in Form D-3 on the digital sky platform along with the fee as specified in rule 46.

(2) The de-registration referred to in sub-rule (1) shall be effected in the registration record maintained by the Director General and a transaction number shall be generated by the digital sky platform.

PART V – OPERATION OF UNMANNED AIRCRAFT SYSTEM

19. Airspace map. –

The Central Government may, within thirty days of the date of notification of these rules, publish on the digital sky platform, an airspace map for unmanned aircraft system operations segregating the entire airspace of India into red zone, yellow zone and green zone, with a horizontal resolution equal or finer than 10 meters.

20. Interactive maps. –

The airspace map for unmanned aircraft system operations shall be so designed as to be programmatically accessible through a machine readable Application Programming Interface and interactive so that unmanned aircraft system pilots shall be able to plot their proposed flight plan and easily identify the zone within which it falls so as to assess whether or not they need to make an application for prior approval.

21. Mandatory pre-flight verification of zonal restrictions.––

Before commencing an unmanned aircraft system operation, a remote pilot shall mandatorily verify the digital sky platform for any notification or restriction applicable to unmanned aircraft system operations in the intended area of operation.

22. Requirement of prior permission.––

(1) No person shall operate an unmanned aircraft system in a red zone or yellow zone without prior permission.

(2) No prior permission shall be required for operating an unmanned aircraft system in a green zone, subject to the provisions of rule 21.

23. Dynamic nature of zoning.––

The Central Government may update the airspace map on digital sky platform for unmanned aircraft system operations from time to time in order to change the status of an area from one zone to another and such change shall come into effect no sooner than seven days after the date of such update.

24. Temporary Red Zone.––

(1) If there is an urgent need to temporarily prohibit unmanned aircraft system flights in any specified area, the concerned State Government or the Union Territory Administration or a law enforcement agency may declare a temporary red zone over such specified area, for a period not exceeding ninety six hours at a time, by notifying it through the digital sky platform and highlighting it on the airspace map.

(2) The temporary red zone shall be declared by an officer not below the rank of Superintendent of Police or his equivalent and such officer shall endeavor to keep the size of the temporary red zone reasonable and not excessive.

(3) An endeavor shall be made to inform, through digital sky platform or other electronic means, to all holders of unique identification number who are within a distance of five kilometer from the perimeter of the temporary red zone, of the restriction so declared under sub-rule (1), but in case no such information is received, it shall not absolve a remote pilot of the responsibility to verify the zonal restrictions on the digital sky platform before commencing an unmanned aircraft system operation.

25. Access to digital sky platform.—

The nodal officers of State Governments, Union Territory Administrations and law enforcement agencies shall be provided direct access to the digital sky platform.

26. Safe operation.––

No person shall operate an unmanned aircraft system in a manner, either directly or indirectly, as to endanger the safety and security of any person or property.

27. Prohibition on carriage of arms, ammunition, explosives and military stores, etc.—

No person shall carry or cause or permit to be carried in any unmanned aircraft to, from, within or over India, any arms, ammunitions, munitions of war, implements of war, explosives and military stores, except with the written permission of the Central Government or any other person authorized by the Central Government in this behalf and subject to the terms and conditions of such permission.

28. Carriage of dangerous goods.—

No person shall carry dangerous goods on unmanned aircraft unless such operation is in compliance with the Aircraft (Carriage of Dangerous Goods) Rules, 2003.

29. Right of way. –

No person operating an unmanned aircraft system shall violate the right of way of a manned aircraft and shall remain clear of all manned aircrafts.

30. Mandatory reporting of an accident.––

No later than forty-eight hours after an accident involving an unmanned aircraft system takes place, the remote pilot of such unmanned aircraft system shall report the accident to the Director General through the digital sky platform.

PART VI – REMOTE PILOT LICENSE

31. General. –

No individual other than a holder of a valid remote pilot license enlisted on the digital sky platform shall operate an unmanned aircraft system.

32. Classification.––

A remote pilot license shall specifically mention the category, sub-category and classification of the unmanned aircraft system or a combination of these, for which it is issued.

33. Eligibility. –

An individual shall be eligible to obtain a remote pilot license, if he––

(a) is not less than eighteen years of age and not more than sixty-five years of age;

(b) has passed class tenth examination or its equivalent from a recognized Board; and

(c) has successfully completed such training as may be specified by the Director General, from any authorized remote pilot training organization.

34. Procedure for obtaining a remote pilot license.––

(1) Any individual, who desires to obtain a remote pilot license for any category, sub-category or class of an unmanned aircraft system, or a combination thereof, shall complete the training specified by the Director General for such category, sub-category or class, and pass the tests conducted by the authorized remote pilot training organization.

(2) Within seven days of successful completion of the training and passing of the tests under sub-rule (1), the authorized remote pilot training organization shall make an application for remote pilot license in Form D-4 on the digital sky platform along with the fee as specified in rule 46, providing details of the individual who has passed the test.

(3) The individual in respect of whom an application has been made by the authorized remote pilot training organization under sub-rule (2) shall be issued a remote pilot certificate through digital sky platform.

(4) The Director General shall, within fifteen days from the date of issue of the remote pilot certificate under sub-rule (3), issue the remote pilot license to such individual through the digital sky platform.

35. Validity of license. –

A remote pilot license shall––

(a) be valid only if it is enlisted on the digital sky platform;

(b) unless suspended or cancelled, remain valid for a period of ten years;

(c) be renewed by the Director General for such period as may be specified therein, subject to a maximum period of ten years, on payment of fee as specified in rule 46: Provided that the holder of the remote pilot license shall undergo such refresher course as may be specified by the Director General on the digital sky platform from time to time.

36. Exemption from obtaining license.––

No remote pilot license shall be required for ––

(a) operating a nano unmanned aircraft system; and

(b) operating a micro unmanned aircraft system for non-commercial purposes.

PART VII – REMOTE PILOT TRAINING ORGANIZATION

37. General. –

No person other than an authorized remote pilot training organization shall impart training to an individual seeking a remote pilot license.

38. Eligibility. –

No remote pilot training organization shall be authorized impart training unless it meets with the eligibility criteria as may be specified by the Director General.

39. Procedure for obtaining authorization.––

(1) Any person who intends to obtain the authorization to establish a remote pilot training organization shall submit an application to the Director General in Form D5 on the digital sky platform, along with the fees as specified in rule 46.

(2) The Director General may, within sixty days of the date of receipt of application under sub-rule (1), issue the authorization to establish a remote pilot training organization to the applicant if he satisfies the specified criteria and meets with the requirements for establishing such remote pilot training organization.

40. Validity.––

An authorization to establish a remote pilot training organization shall, unless suspended or cancelled, remain valid for a period of ten years, and may be renewed for the period specified therein, subject to a maximum period of ten years at a time, on payment of fee as specified in rule 46.

41. Training requirements.––

(1) An Authorized remote pilot training organization shall ensure strict compliance with the requirements specified by the Director General on the digital sky platform in respect of training, syllabus, infrastructure, instructors, proficiency testing and issuance of remote pilot certificates.

(2) The training requirements specified under sub-rule (1) shall be specific to a category, sub-category and class of unmanned aircraft system.

PART VIII – RESEARCH, DEVELOPMENT AND TESTING

42. Unmanned aircraft system operations for research, development and testing. –

The following persons shall not require a type certificate, unique identification number, prior permission and remote pilot license for operating unmanned aircraft systems for research, development and testing purposes, namely:––

(a) any research and development entity under the administrative control of, or recognized by, the Central Government or State Government or Union Territory Administration;

(b) any educational institution under the administrative control of, or recognized by, the Central Government or State Government or Union Territory Administration;

(c) any Startup recognized by the Department for Promotion of Industry and Internal Trade;

(d) any authorized testing entity; and

(e) any unmanned aircraft system manufacturer having a Goods and Service Tax Identification Number: Provided that such unmanned aircraft system operations takes place within a green zone and within the premises of the person where such research, development and testing is being carried out or within an open area in a green zone under such person’s control.

PART IX – UNMANNED AIRCRAFT SYSTEM TRAFFIC MANAGEMENT

43. Unmanned aircraft system traffic management.––

(1) The Central Government may, within sixty days of the date of publication of these rules, publish a policy framework in respect of the Unmanned Aircraft System Traffic Management System on the digital sky platform.

(2) Such policy framework shall be in conformity with these rules, shall facilitate automated permissions as required under these rules and include––

(a) the framework for developing corridors for safe and seamless transfer of goods by unmanned aircraft systems within and across zones; and

(b) the roles, powers and responsibilities of the State Governments and Union Territory Administrations.

PART X – INSURANCE

44. Insurance.—

(1) The provisions of the Motor Vehicles Act, 1988 (59 of 1988) and rules made thereunder shall apply, mutatis mutandis, to the third party insurance of unmanned aircraft system and compensation in case of damage to life or property caused by such an unmanned aircraft system: Provided that a nano unmanned aircraft system may operate without third party insurance.

(2) A person operating a unmanned aircraft system may use an insurance product specially designed for such operations, as and when such insurance product is approved by the Insurance Regulatory and Development Authority of India.

PART XI – UNMANNED AIRCRAFT SYSTEM PROMOTION

45. Unmanned aircraft system promotion.—

(1) The Central Government may promote the adoption and use of unmanned aircraft systems by constituting an Unmanned Aircraft Systems Promotion Council, which shall facilitate–

(a) development of a business-friendly regulatory regime, including automated permissions;

(b) establishment of incubators and other facilities for the development of unmanned aircraft system technologies;

(c) involvement of industry experts and academic institutions in policy advice; and

(d) organizing competitive events involving unmanned aircraft systems and counter-unmanned aircraft system technologies.

(2) The Central Government may, after evaluating these rules on the basis of economic impact, prepare a six-monthly report listing the achievements of the Indian unmanned aircraft system sector and the measures taken to further the ease of doing business in that sector.

PART XII – MISCELLANEOUS

46. Fee.—

The fee payable for the services specified in column (2) of the Table below, rendered by the Central Government under these rules, shall be as specified in the corresponding column (3) of the said Table, namely:––

Misc table

Note.–– The Quality Council of India, authorized testing entities and authorized remote pilot training organizations may collect market-linked service charges for the services rendered by them in accordance with these rules.

47. Directions.—

Where the Central Government deems it necessary, it may, not inconsistent with the provisions of the Act, or these rules, issue a general or special direction related to unmanned aircraft systems.

48. General power to exempt.—

The Central Government may, by a general or special order in writing, exempt any person or class of persons from the operation of these rules, either wholly or partially, subject to such conditions, as may be specified in that order.

49. Offenses, classification and compounding.—

(1) No person shall carry out any activity in contravention of these rules.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the contravention of rule 22 and rule 27 shall be cognizable and non-compoundable.

(3) It shall be a defense to any proceeding for contravention of, or failure to comply with, these rules, if such contravention or failure is proved to have been caused due to factors or circumstances, such as stress of weather or other unavoidable cause or circumstances, beyond the control of such person or without his knowledge or fault.

(4) The provisions of these rules shall be in addition to, and not in derogation of, the provisions of any other law, for the time being in force.

50. Penalties.––

Where, after giving an opportunity of being heard, the Director General or an officer authorized by the Central Government or a State Government or Union Territory Administration, is satisfied that a person has contravened or failed to comply with the provisions of these rules, he may, for reasons to be recorded in writing, levy a penalty not exceeding rupees one lakh in accordance with the provisions of section 10A of the Act.

51. Power to inspect.—

The Director General, or any person authorized by him, by general or special order in writing, may inspect any unmanned aircraft system, any related facility, interact with any personnel, and inspect any document or record for the purpose of securing compliance with these rules and the provisions of the Act.

52. Obstruction of authorized persons.—

No person shall voluntarily obstruct any person acting in the exercise of his powers or in the discharge of his duties under these rules.

53. Cancellation or suspension.—

Where the Director General, after giving an opportunity of being heard, is satisfied that a person has contravened or failed to comply with the provisions of these rules, he may, for reasons to be recorded in writing, cancel or suspend any license, certificate, authorization or approval granted under these rules.

54. Saving of certain orders.—

Nothing in these rules shall limit or otherwise affect the power of the Central Government with regard to any order issued in the interest of public safety or for safe operation of all manned or unmanned aircraft.

55. Repeal and saving.—

The Unmanned Aircraft System Rules, 2021 stand repealed, except as respects things done or omitted to be done before such repeal.

Form D-1

Form D-1

Form D-1

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge. I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name:

Date:

Place:

Form D-2

Form D- 2

Form D-2

DECLARATION I hereby declare that all information provided herein are true and correct to the best of my knowledge. I further declare that this unmanned aircraft system conforms to the type certificate mentioned in the form (if applicable). I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name:

Date:

Place:

Form D-3

Form D-3

DECLARATION I hereby declare that all information provided herein are true and correct to the best of my knowledge. I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name:

Date:

Place:

Form D-4

DECLARATION I hereby declare that all information provided herein are true and correct to the best of my knowledge. I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name:

Date:

Place:

Form D-5

Form D-5

DECLARATION I hereby declare that all information provided herein are true and correct to the best of my knowledge. I shall ensure full compliance with the training requirements specified by the Directorate General of Civil Aviation. I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name:

Date:

Place:

[F. No. AV-29017/37/2021-SDIT-MoCA] AMBER DUBEY, Jt. Secy

 

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Short Essay Questions

Question 1

You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.

They need you to prepare a one-page memo detailing the legalities of using a drone to film the Taj Mahal, pictured above.

They need you to mention any national laws and local ordinances.

They specifically want to know what airspace you will be operating in and whether or not you need an airspace authorization.

Does it matter whether or not you are a citizen of the country?

Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!

Question 2

Do you need a certificate to fly UAS?

If so, how do you obtain one?

Are there fees associated with this?

If so, how much?

Question 3

May you operate beyond visual line of sight?

If so, what procedures must you follow?

Question 4

Does the country have UAM/AAM laws? If so, describe, citing the exact law.

Question 5

Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.

 

 

 

 

License

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Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

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