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Core Purpose

The Central Government hereby makes the Protection of Interests in Aircraft Objects Rules, 2026, in exercise of powers conferred by sections 4, 5, and 10 of the Protection of Interests in Aircraft Objects Act, 2025.

Detailed Summary

The Ministry of Civil Aviation, Government of India, issued Notification G.S.R. 77(E) on January 30, 2026, to enact the Protection of Interests in Aircraft Objects Rules, 2026. These rules, coming into force on their publication date in the Official Gazette, are made by the Central Government under sections 4, 5, and 10 of the Protection of Interests in Aircraft Objects Act, 2025 (17 of 2025). A draft of these rules, previously published as the Protection of Interests in Aircraft Objects Rules, 2025, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) on September 17, 2025, invited objections and suggestions for thirty days, which were duly considered. The rules define key terms including "Act" (Protection of Interests in Aircraft Objects Act, 2025), "Code" (Insolvency and Bankruptcy Code, 2016 (31 of 2016)), "Convention" (Convention on International Interests in Mobile Equipment, signed at Cape Town on November 16, 2001), and "Protocol" (Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment, signed at Cape Town on November 16, 2001). They mandate registration of non-consensual rights under Article 40 of the Convention, excluding unpaid airline employee wages. The rules establish a registry authority to maintain an Information System for aircraft objects, issue directions, and receive information from debtors regarding international interests within thirty days of aircraft registration under the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024), or within six months for existing interests. Debtors must electronically submit quarterly records of dues in Form-II. Creditors must inform the registry authority of default in Form-III before exercising remedies. In insolvency cases under the Code, a two-calendar-month "waiting period" applies, during which the resolution professional preserves the aircraft object and provides creditor access, with remedies becoming available thereafter. The rules also address non-judicial remedies and procedures for de-registration and export of aircraft under Article XIII of the Protocol, requiring IDERA Holders to settle specific dues listed in Appendix-A (e.g., airport charges, fuel charges, GST) before export. Appendix-B identifies stakeholders as airport operators, air navigation service providers, goods and services tax authorities, and fuel providers.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-31012026-269709 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 76] NEW DELHI, FRIDAY, JANUARY 30, 2026/MAGHA 10, 1947 667 GI/2026 MINISTRY OF CIVIL AVIATION NOTIFICATION New Delhi, the 30th January, 2026 G.S.R. 77(E). - Whereas, a draft of the Protection of Interests in Aircraft Objects Rules, 2025, were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 17th September, 2025 inviting objections and suggestions from all persons likely to be affected thereby, within a period of thirty days from the date of publication of the said notification; And whereas copies of the Gazette containing the said notification were made available to the public on the 17th day of September, 2025; And whereas the objections and suggestions on the said draft rules received from the public have been duly considered by the Central Government. Now, therefore, in exercise of the powers conferred by section 10 read with sections 4 and 5 of the Protection of Interests in Aircraft Objects Act, 2025 (17 of 2025), the Central Government hereby makes the following rules, namely:— 1. Short-title and commencement. – (1) These rules may be called the Protection of Interests in Aircraft Objects Rules, 2026. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. – (1) In these rules, unless the context otherwise requires, — (a) "Act" means the Protection of Interests in Aircraft Objects Act, 2025 (17 of 2025); (b) "airport" means a landing and taking off area for aircraft, usually with runways and aircraft maintenance and passenger facilities and includes aerodrome as defined in clause (1) of section 2 of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024); (c) "Code" means the Insolvency and Bankruptcy Code, 2016 (31 of 2016); (d) "Convention" means the Convention on International Interests in Mobile Equipment, signed at Cape Town on 16th November, 2001, as set out in the First Schedule to the Act; (e) "Form" means a form appended in Appendix 'C' to these rules; (f) "Information System" means an electronic system for maintaining, updating and collating information as required under these rules; (g) "Protocol" means the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment signed at Cape Town on 16th November, 2001, as set out in the Third Schedule to this Act; (h) "resolution professional" shall have the meaning as defined in clause (27) of section 5 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016); (i) "stakeholder" means the stakeholder as referred to in Appendix 'B' to these rules; (j) "waiting period" shall have the meaning as referred to in rule 11 of these rules. (2) The words and expressions used and not defined in these rules, but defined in the Act, Convention or Protocol, shall have the meanings assigned to them in the Act, Convention or Protocol. 3. Non-consensual rights or interests under the Convention. — (1) The right or interest for categories of non- consensual right or interest under Article 40 of the Convention, as referred to in Second Schedule to the Act shall be registrable as registrable non-consensual rights or interests in respect of that aircraft object with the international registry: Provided that these rules shall not limit or affect the right or interest of unpaid wages of airline employees as per declaration deposited by India under sub-clause (a) of clause (1) of Article 39 of the Convention. 4. Directions by registry authority. — (1) The registry authority may issue direction under section 4 of the Act, after placing the draft on its website for a period of fourteen days for inviting objections and suggestions from all persons likely to be affected thereby: Provided that the Director General, Directorate General of Civil Aviation may, in the public interest and by order in writing, dispense with the requirement of inviting such objection and suggestions or reduce the period for submitting such objections and suggestions. (2) Every direction issued under sub-rule (1) shall be complied with by the person or entity to whom such direction is issued. 5. Functions of the registry authority. — (1) For the purposes of these rules, the registry authority shall perform the following functions, namely: – (a) to establish, maintain and update the Information System; and (b) other matter arising out of such functions. (2) The Information System shall be structured on an aircraft-object-by-aircraft-object basis: (3) The Information System shall not affect the creation of international interest or its priority as recorded in the international registry. 6. Information of interest on an aircraft object to registry authority. - (1) Any debtor operating an aircraft object, where such aircraft object is subject to an international interest, shall inform such interest on aircraft object to the registry authority within thirty days of registration of that aircraft object under the provisions of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024) or rules made thereunder: Provided that where any aircraft object registered or operated in India is subject to an international interest as on date of commencement of these rules, the debtor shall inform the registry authority of the international interest within six months from such commencement. (2) Upon receiving an information under sub-rule (1) in Form-I appended to these rules, the registry authority shall identify such aircraft object through the Indian nationality registration mark assigned to the aircraft in its Certificate of Registration as issued by the Directorate General of Civil Aviation in accordance with the rules made under the Bharatiya Vayuyan Adhiniyam,2024. 7. Maintenance and submission of records of dues on an aircraft object. – (1) Any debtor operating an aircraft object, where that aircraft object is subject to an international interest, shall electronically maintain records of dues arising from, related to or owed in regard to the ownership or use by the owner or operator of the aircraft object and submit to the registry authority. (2) The debtor shall periodically maintain and submit the dues, as provided in Appendix- 'A' to these rules, with the registry authority. (3) The maintenance and submission referred to under sub-rule (2), shall be maintained and submitted not later than the fifth day of the calendar month following the end of each quarter and shall continue to be maintained and submitted as long as that aircraft object remains registered in India under the provisions of Bharatiya Vayuyan Adhiniyam, 2024 or any rules made thereunder. (4) The information under this rule shall be submitted in Form-II appended to these rules in the Information System. Explanation: For the purposes of this rule, it is hereby clarified that the debtor shall, as and when required by the registry authority, furnish the information specified under these rules. 8. Access to the Information System. – The Information System shall be electronically accessible in respect of the specific aircraft object to the stakeholder and the creditor. 9. Information to registry authority of occurrence of default. – (1) A creditor before exercising any remedy under the Convention or Protocol shall inform the registry authority of the occurrence of default in Form- III in the Information System. (2) Upon receipt of the application in Form- III under sub-rule (1), the registry authority shall acknowledge the receipt on the same working day. (3) The registry authority may issue directions for the procedure and manner, consistent with the provisions of the Act, for exercising any remedy under the Convention or Protocol. 10. Notice to stakeholders. – (1) After the acknowledgement under sub-rule (2) of rule 9, the registry authority shall inform the stakeholders and debtor the occurrence of default in respect of the aircraft object, through publication on its website before the end of the next working day. (2) The debtor and stakeholders shall submit the details of outstanding dues, within three working days to the registry authority, in Form-II and Form-IV, respectively, as appended to these rules in the Information System. 11. Procedure during the 'waiting period' in case of insolvency. – (1) Where a debtor is subject to corporate insolvency or bankruptcy proceedings under the Code, the moratorium under section 14 of the Code shall commence on the insolvency commencement date and shall expire at the end of two calendar months, and be called the 'waiting period' under these rules. (2) No remedy recognised under the Convention or Protocol shall be prevented or restricted after the expiry of the waiting period. (3) During the waiting period, the resolution professional, shall, (a) preserve the aircraft object and maintain its value in accordance with the underlying contract between a creditor and a debtor, and (b) provide creditor with access to the aircraft object, and all technical and maintenance records relating to, and information on the physical security of, that aircraft object. (4) The debtor or the resolution professional, as the case may be, may retain possession of the aircraft object if, before the expiry of the waiting period, all defaults other than those arising from the initiation of insolvency proceedings have been cured, and the resolution professional has agreed to perform all future obligations under the lease or security agreement with the creditor. (5) At the end of the waiting period, upon receipt of an application from the creditor for exercising a remedy under clause (1) of Article IX of the Protocol, the registry authority shall take appropriate action in accordance with the provisions of the Bharatiya Vayuyan Adhiniyam, 2024 or the rules made thereunder. (6) An agreement between the debtor and creditor, shall not be modified without the consent of that creditor: Provided that sub-rule (6) shall not be construed to affect the authority, if any, of the resolution professional under the Code to terminate the agreement. (7) Clause (a) of sub-rule (3) shall not preclude the use of the aircraft object under arrangements designed to preserve the aircraft object and maintain its value. 12. Non-Judicial remedies. — In accordance with the declaration made by India under clause (2) of Article 54 of the Convention, for remedies, under sub-clause (a) of clause (1) of Article 8 or clause (a) of Article 10 of the Convention, taking possession or control of an aircraft object, the registry authority shall issue direction determining the manner of availing such remedies by a creditor, consistent with the provisions of the Act. 13. De-registration and export of aircraft. — The registry authority shall, in accordance with the provisions of the Bharatiya Vayuyan Adhiniyam, 2024 or rules made thereunder, take action on an application made by the creditor for a remedy under Article XIII of the Protocol. 14. Settlement of dues by IDERA Holder prior to export of aircraft. — Dues in Appendix 'A', arising after the information to the registry authority under rule 9, shall be paid and settled by the IDERA Holder before the aircraft is permitted to be exported from India in accordance with the provisions of the Bharatiya Vayuyan Adhiniyam, 2024 or the rules made thereunder. Explanation: For the purposes of these rules, it is hereby clarified that, — (1) "IDERA" means the irrevocable deregistration and export request authorisation to be used for getting an aircraft deregistered and exported under the provisions of the Protocol; and (2) "IDERA Holder" means the authorised party under an IDERA or its certified designee. Appendix-A [ See rule 7] Categories of dues on an aircraft object: (a) Airport operator charges including landing charges, housing charges and parking charges (b) Route Navigation and Facilitation Charges (c) Terminal Navigation Landing Charges (d) Fuel charges as a public service (e) Goods and service tax payable in respect of the leasing or financing Appendix- B [ See rule 2(i)(w)] Categories of stakeholders: (a) Airport operators (b) Air navigation service provider (c) Goods and services tax authority (d) Fuel providers for dues relating to the aircraft object covered under clause (e) of Appendix- A. Appendix C Form- I Application for Information of Aircraft Object in Information System SECTION 1 – Aircraft Object Details +-----+-------------------------------------+----------+ | SN. | Registration Mark | VT- | +=====+=====================================+==========+ | 1. | Name and address of Manufacturer | | +-----+-------------------------------------+----------+ | 2. | Type and Model of Aircraft Object | | +-----+-------------------------------------+----------+ | 3. | Manufacturer's serial number of | | | | Aircraft Object | | +-----+-------------------------------------+----------+ | 4. | Type and Model of Engines | | +-----+-------------------------------------+----------+ | 5. | Name and registered address of | | | | Creditor | | +-----+-------------------------------------+----------+ | 6. | Name and registered address of | | | | Debtor | | +-----+-------------------------------------+----------+ 7. Any other person having right in or over the object (mortgagee) SECTION 2 Authorised Person or its certified designee details The applicant is: (Please tick the appropriate box) *Authorised Party * Certified Designee *Authority letter for its certified designee. Name: Signature: Address Email Telephone SECTION 3— Registry authority Official use only Name: Designation: Date: Signature: Form -II Format for Reporting Dues by Debtor [ See rule 10] A. Particulars of Creditor(s) / Lessor(s)/Debtor +-------------------------+-----------+-------------+---------------------------+ | Name of Owner | Address | Nationality | Principal Place of Business | +=========================+===========+=============+===========================+ | | | | | +-------------------------+-----------+-------------+---------------------------+ | Name of Lessor/Creditor | Address | Nationality | Principal Place of Business | +-------------------------+-----------+-------------+---------------------------+ | | | | | +-------------------------+-----------+-------------+---------------------------+ | Name of Lessee/Debtor | Address | Nationality | Principal Place of Business | +-------------------------+-----------+-------------+---------------------------+ | | | | | +-------------------------+-----------+-------------+---------------------------+ B. Aircraft Object Details +----------------------------------+-----------------+ | Registration Mark | | +----------------------------------+-----------------+ | Type and Model of Aircraft | | +----------------------------------+-----------------+ | Aircraft Manufacturer's Serial | | | Number | | +----------------------------------+-----------------+ | Model of Engine | | +----------------------------------+-----------------+ | Engine Manufacturer's Serial | 1. | | Number | 2. | | | 3. | | | 4. | +----------------------------------+-----------------+ C. SUMMARY OF OUTSTANDING DUES for the Aircraft/object at the end of MM/YYYY +-------+-------------------------------------------------------------+---------------+ | Sl.No.| Category | Amount (Rs.) | +=======+=============================================================+===============+ | 1. | Airport operator charges including landing charges, housing | | | | charges and parking charges. | | +-------+-------------------------------------------------------------+---------------+ | 2. | Route Navigation and Facilitation Charges | | +-------+-------------------------------------------------------------+---------------+ | 3. | Terminal Navigation Landing Charges | | +-------+-------------------------------------------------------------+---------------+ | 4. | Fuel charges as a public service in respect of that | | | | aircraft object | | +-------+-------------------------------------------------------------+---------------+ | 5. | Goods and service tax payable in respect of the | | | | leasing or financing of that aircraft object | | +-------+-------------------------------------------------------------+---------------+ Total Outstanding Amount (Rs.) | | +---------------------------------------------------------------------+---------------+ Form- III Application for creditors to exercise remedy under the Protection of Interests in Aircraft Objects Act, 2025 (17 of 2025) [ See rule 9] SECTION 1 – Aircraft Details +-----+-------------------------------------+----------+ | SN. | Registration Mark | VT- | +=====+=====================================+==========+ | 1. | Name and address of Aircraft | | | | Manufacturer | | +-----+-------------------------------------+----------+ | 2. | Type and Model of Aircraft | | +-----+-------------------------------------+----------+ | 3. | Manufacturer's serial number of | | | | Aircraft | | +-----+-------------------------------------+----------+ | 4. | Type and Model of Engines | | +-----+-------------------------------------+----------+ | 5. | Name and registered address of | | | | Creditor | | +-----+-------------------------------------+----------+ | 6. | Name and registered address of | | | | Debtor | | +-----+-------------------------------------+----------+ | 7. | Any other person having right in or | | | | over the object (mortgagee) | | +-----+-------------------------------------+----------+ | 8. | Details of remedy sought | | +-----+-------------------------------------+----------+ SECTION 2 Details of applicant The applicant is: (Please tick the appropriate box) IDERA Holder *Authorised Party * Certified Designee *Authority letter from IDERA Holder must be submitted by Authorised person or its certified designee. Name: Signature: Address Email Telephone SECTION 3— Registry authority for Official use only Name: Designation: Date: Signature: Form- IV Format for Claiming Outstanding Dues by Stakeholder [ See rule 10] A. Particulars of Stakeholder +---------------------+-----------+-------------+---------------------------+ | Name of Stakeholder | Address | Nationality | Principal Place of Business | +=====================+===========+=============+===========================+ | | | | | +---------------------+-----------+-------------+---------------------------+ | Name of Lessee/Debtor | Address | Nationality | Principal Place of Business | +---------------------+-----------+-------------+---------------------------+ | | | | | +---------------------+-----------+-------------+---------------------------+ B. Aircraft Object Details +----------------------------------+-----------------+ | Registration Mark | | +----------------------------------+-----------------+ | Type and Model of Aircraft | | +----------------------------------+-----------------+ | Aircraft Manufacturer's Serial | | | Number | | +----------------------------------+-----------------+ | Engine Type & Model | | +----------------------------------+-----------------+ | Engine Manufacturer's Serial | 1. | | Number | 2. | | | 3. | | | 4. | +----------------------------------+-----------------+ C. OUTSTANDING DUES Claimed +-------+-------------------------------------------------------------+---------------+-----------------------------------------------+ | Sl.No.| Category | Amount (Rs.) | Whether Registered with International Registry or Not | +=======+=============================================================+===============+===============================================+ | 1. | Airport operator charges including landing charges, housing | | | | | charges and parking charges. | | | +-------+-------------------------------------------------------------+---------------+-----------------------------------------------+ | 2. | Route Navigation and Facilitation Charges | | | +-------+-------------------------------------------------------------+---------------+-----------------------------------------------+ | 3. | Terminal Navigation Landing Charges | | | +-------+-------------------------------------------------------------+---------------+-----------------------------------------------+ | 4. | Fuel charges as a public service in respect of that | | | | | aircraft object | | | +-------+-------------------------------------------------------------+---------------+-----------------------------------------------+ | 5. | Goods and service tax payable in respect of the | | | | | leasing or financing of that aircraft object | | | +-------+-------------------------------------------------------------+---------------+-----------------------------------------------+ Total Outstanding Amount (Rs.) | | | +---------------------------------------------------------------------+---------------+-----------------------------------------------+ Name of Authorised person : Designation : Organisation Name : Date and Place : [F. No. AV-11012/4/2020-A-MOCA-Part(1)] ASANGBA CHUBA AO, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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