The Union of Myanmar
The State Peace and Development Council
The Law Amending the Myanmar Aircraft Act
(The State Peace and Development Council Law No 6 I 2004)
The 10th Waxing Day of Wakhaung, 1366 ME
(25th August, 2004 )

The State Peace and Development Council hereby enacts the following Law:

1. This Law shall be called the Law Amending the Myanmar Aircraft Act.

2. The expression contained in section 4 of the Myanmar Aircraft Act “for carrying out the Convention relating to the regulation of Aerial Navigation, signed at Paris, October 13, 1919, with Additional Protocol, signed at Paris, May 1, 1920, and any amendment which may be made thereto under the provisions of Article 34 thereof ” shall be substituted by the expression “for carrying out the provisions of the Convention on International Civil Aviation, signed at Chicago, on 7 December, 1944, and any amendment which may be made thereto under the provisions of Article 94, thereof ”. In the marginal note of the said section, the expression “Convention of 1919” shall be substituted by the expression “Convention of 1944.”

3. After the expression “class of aircraft” contained in section 5, sub-section (1) of the Myanmar Aircraft Act the expression “and the safety and the security of Civil Aviation” shall be inserted.

4. After section 5, sub-section 2 (ab) of the Myanmar Aircraft Act, sub-section 2 (ac) shall be inserted as follows:

“(ac) the economic regulation of civil aviation and air transport services, including the approval, disap proval or revision of tariff of operators of air transport services, the officers or authorities who may exercise powers in this behalf, the procedure to be followed, and the factors to be taken into account by such officers or authorities, appeals to the Government against orders of such officers or authorities and all other matters connected with such tariff ”.

5. After section 5 of the Myanmar Aircraft Act, section 5A shall be inserted as follows:

“5A. (a) The Chairman of the State Peace and Development Council    Conferring power to make rules. may confer on the Ministry of Transport the power to make rules prescribed in section 5.
(b) Under the power conferred by sub-section Power of Ministry of Transport to make rules.
(a), the Ministry of Transport may, with the approval of the Government, make such
rules as may be necessary.
(c) For the implementation of Power to issue notifications, orders, notices and directives.
the provision of this Act, the Ministry of Transport may issue necessary notifications, orders, notices on requirements and directives and the Department of Civil Aviation may issue necessary orders, notices on requirement and directives.”

6. After section 9 of the Myanmar Aircraft Act, section 9A shall be inserted as follows:

“9 A. Whoever Penalty for failure to comply with   notifications, orders, notices and directives. willfully fails to comply with any notifications, orders, notices and directives issued under sub-section (c) of  section 5 A, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to kyats 20,000, or with both.”

7. In the Myanmar Aircraft Act:

(a) after the expression “section 5,” contained in section 10, the expression “sub-section (b) of section 5 A,” shall be inserted.
(b) the expression “one thousand kyats” contained in section 10 shall be substituted by the expression “kyats 50,000” and the expression “one thousand kyats” contained in section 11 shall be substituted by the expression “kyats 100,000.”

(Sd) Than Shwe
Senior General
Chairman
The State Peace and Development Council
 
 

Myanmar Law Center


 
 

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