Section 37. Wreck and salvage

37. Wreck and salvage . — (1) The provisions of Part XIII of the Merchant Shipping Act, 1958 (44 of 1958), relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal water as they apply to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship. (2) The Central Government may, by notification in the Official Gazette, make such modifications of the said provisions in their application to aircraft as appear necessary or expedient. 38 . Use of patented invention on aircraft not registered in India.— The provisions of the Patents Act, 1970 (39 of 1970) shall apply to the use of an invention on any aircraft not registered in India in like manner as they apply to the use of an invention in a foreign vessel. 39 . Bar of certain suits .—No suit shall be brought in any civil court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather and all the circumstances of the case is reasonable, or by reason only of the ordinary incidents of such flight. 40 . Protection of action taken in good faith .—No suit, prosecution or other legal proceeding shall lie against any person for anything done in good faith or intended to be done under this Act. 41 . Savings of application of Act .—Nothing in this Act or in any order or rule made thereunder other than a rule made under section 13 or under section 14 shall apply to or in respect of any aircraft belonging to or exclusively employed in the Navy, Army or Air Force of the Union or other armed forces of the Union constituted by any law for the time being in force, or to any person in such forces employed in connection with such aircraft: Provided that any aircraft belonging to an armed forces of the Union other than Navy, Army or Air Force of the Union, for which the provisions of the Act which is repealed under section 43, and the rules made thereunder were applicable on the date of commencement of this Act, shall continue to be so governed by this Act and the rules made thereunder till such date as the Central Government may, by notification in the Official Gazette, specify. 42 . Power to remove difficulty .—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of the Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 43 . Repeal and savings .—(1) The Aircraft Act, 1934 (22 of 1934) is hereby repealed. (2) Notwithstanding the repeal of the Act referred to in sub-section (1), anything done or any action taken or purported to have been done or taken, including any rule, regulation, notification, inspection or order made or issued; or any licence, certificate, approval, permission or exemption granted; or any document or instrument executed; or any direction issued; or any proceedings taken or any penalty, punishment, forfeiture or fine imposed under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. STATEMENT OF OBJECTS AND REASONS The Aircraft Act, 1934 (22 of 1934) was enacted to make better provision for the control of the manufacture, possession, use, operation, sale, import and export of aircraft.