AR Amendments Part 2

8/10/2019 AR Amendments Part 2

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(2) $n organisation shall ensure that provision is made %or imparting ne&essary instru&tions

to its personnel +ho are authorised to &erti%y %or proper dis&harge o% their duties and

responsibilities"

(3) $n organisation shall maintain &omplete re&ords o% its a&tivities and su&h other re&ordsas may be required by the Dire&toreneral" The re&ords, reports, logs, dra+ings, shall be

made available to the Dire&toreneral %or inspe&tion and &he&0 and at su&h times as he

dire&ts" The re&ords shall be 0ept %or su&h period as may be spe&i%ied by the Dire&toreneral"

(4) $n organi-ation shall &omply +ith su&h requirements as may be spe&i%ied in thepubli&ation 'titled' Civil $ir+orthiness 5equirements"

(67) ithout pre.udi&e to the provisions o% any rules, the Dire&toreneral may, a%ter

giving a sho+ &ause noti&e to an organisation or a person and a%ter ma0ing su&h enquiry ashe may deem %it, &an&el, suspend or endorse any authorisation or approval or issue a

+arning or an admonition to the organisation or the person, +here he is satis%ied that8

(a) the &onditions stipulated by the Dire&toreneral under this rule or under the &ivil

air+orthiness requirements are not being &omplied +ith9

(b) the organisation or the person has per%ormed +or0 or granted a &erti%i&ate inrespe&t o% +or0 +hi&h has not been per%ormed in a &are%ul or &ompetent manner or

has per%ormed +or0 beyond the s&ope o% it or his approval or %ailed to ma0e properentries and &erti%i&ation thereo% or %or any other reason &onsidered by the Dire&tor

eneral as su%%i&ient to &an&el, suspend or endorse an authorisation or approval

granted under this rule, or to issue a +arning or an admonition:"9

[Inserted by GSR No. 1202 dated 23-7-1976, and

Amended by (i GSR No. 100! dated 19-11-19"3, and

(ii GSR No. 1"1(# dated 20-03-2006$

133C. Fees

(6) The %ollo+ing %ee shall be payable %or any inspe&tion, eamination or testto be &ondu&ted %or grant o% approval under rule 6;, in respe&t o% an organisation having

() %i%ty employees : 5s"#/,777


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(#) The %ee %or rene+al o% approval under rule 6; shall be %i%ty per&ent" o% the %ee

payable under subrule (6)"

() =o %ee shall be &harged %rom an organisation or person under this rule %or storage,

distribution and supply o% air&ra%t %uel, lubri&ants and similar other produ&ts intended to be

used %or its o+n air&ra%t"

(!) The %ee shall be paid by Demand Dra%t dra+n in %avour o% the $&&ounts >%%i&er,

Central ?ay and $&&ounts >%%i&e, Civil $viation Department, =e+ Delhi"

[Inserted by GSR No. !7" dated "-!-19"0, and

s%bstit%ted by (i GSR No. &"!(# dated 7-6-19"!, and(ii GSR No. 1"1(# dated 20-03-2006.$

Schedule XI

Grant of permission to operate schedule air transport services[See s%b-r%'e(1 and (1A o r%'e 13&$

[)*e +*o'e S*ed%'e I +as inserted by G.S.R. No. 10"7 dated 19-7-196!$

6" ?ermission to operate S&heduled air transport servi&es in pursuan&e o% sub rule (6) and (6$) o% rule 6!

(hereina%ter re%erred to as the permit) may be granted either@

(i) to a &iti-en o% India, or

(ii) to a &ompany or a body &orporate provided that@

(a) it is registered and has its prin&ipal pla&e o% business +ithin India9

(b) the Chairman and at least t+othirds o% its Dire&tors are &iti-ens o% India9 and

(&) its substantial o+nership and e%%e&tive &ontrol is vested in Indian nationals"

#" The Dire&toreneral shall be the authority to eamine the appli&ations %or permits and %or issuing

&an&elling or suspending su&h permits"

" The Central overnment may appoint t+o or more persons possessing spe&ialised 0no+ledge andeperien&e o% Civil $viation to a&t as advisers to the Dire&toreneral to assist him in the per%orman&e o% his

%un&tions under this S&hedule"

!" The Central overnment may appoint a Se&retary and su&h other persons as may be &onsidered ne&essary

to assist the Dire&toreneral in the dis&harge o% the duties &on%erred on him by the S&hedule" The Se&retary

and all su&h persons shall be subordinate to and under the administrative &ontrol o% the Dire&toreneral and

%orm part o% his establishment"


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/" (6) Avery appli&ation %or a permit shall be made to the Dire&toreneral not less than ninety days be%orethe date on +hi&h it is desired to &ommen&e the servi&e unless the Dire&toreneral has appointed a last date

%or the re&eipt o% appli&ations in +hi&h &ase the appli&ations shall be made on or be%ore that date or su&h later

date as may be %ied by the Dire&toreneral"

(#) Avery appli&ation shall be made in su&h %orm and &ontain su&h parti&ulars as may be pres&ribed

by the Dire&toreneral and shall be signed by the person applying %or the permit and, i% made byany body &orporate, shall be signed by a person duly authorised in that behal% by su&h body and

shall be a&&ompanied by su&h parti&ulars as may be required %or the purposes o% this S&hedule"

() $ %ee o% rupees t+enty %ive thousand shall be payable %or ma0ing an appli&ation under sub

?aragraph (6)"

(!) $ %ee o% rupees ten la0hs shall be payable %or the issue o% a permission under paragraph 6 andrupees %ive la0hs shall be payable %or rene+al thereo%"

(/) The %ee shall be paid by Demand Dra%t dra+n in %avour o% the $&&ounts >%%i&er, Central ?ay and

$&&ounts >%%i&e, Civil $viation Department, =e+ Delhi"B

1" The Dire&toreneral shall &ause to be published in the >%%i&ial a-ette, parti&ulars regarding ea&h

appli&ation %or a permit and the date, not being less than thirty days a%ter the date o% publi&ation, on +hi&h

the appli&ation shall be ta0en into &onsideration"

2" $ny person may, not less than ten days be%ore the date spe&i%ied %or the &onsideration o% the appli&ation by

the Dire&toreneral, ma0e a representation to the Dire&toreneral in +riting, setting out the spe&i%i&

grounds on +hi&h the representation is made" $ &opy o% every su&h representation shall be sent by the personma0ing it to the appli&ant %or the permit at the same time as it is sent to the Dire&toreneral and a &erti%i&ate

to that e%%e&t shall be atta&hed to the representation" The Dire&toreneral may, at his dis&retion, give an

opportunity to the person ma0ing the representation to state his vie+s in the presen&e o% the appli&ant %or the

permit" The Dire&toreneral may, at his dis&retion, require any person ma0ing a representation under this

paragraph to produ&e eviden&e in support o% any statement he may ma0e"

3"(6) The Dire&toreneral shall &onsider the appli&ation %or permit and any representation made in respe&t

thereo% as speedily as possible and may, at his dis&retion, either re%use or grant the permit %or su&h period andsub.e&t to su&h &onditions as may be spe&i%ied in the permit" The Dire&toreneral may, in his dis&retion,

allo+ an opportunity to the appli&ant or his representative, %or appearing be%ore him in support o% the

appli&ation and may also give an opportunity to the person or persons ma0ing representations against the

appli&ation to appear be%ore him at the same or di%%erent times"

(#) *or the disposal o% the appli&ation, the Dire&toreneral shall &onsider, in parti&ular,

(i) hether having regard to the appli&ants eperien&e and %inan&ial resour&es and his ability toprovide satis%a&tory equipment, organisation and sta%%ing arrangements, and having regard also

to any &ontravention in respe&t o% air&ra%t operated by him o% the provisions o% the $ir&ra%t $&t,64! (## o% 64!) and the rules made there under, the appli&ant is &ompetent and a %it and

proper person to operate air&ra%t on s&heduled air transport servi&es9

(ii) the provisions made or proposed to be made against any liability in respe&t o% loss or damage to

persons or property +hi&h may be in&urred in &onne&tion +ith the air&ra%t operated by the

appli&ant9

(iii) the eisting or potential need or demand %or the s&heduled air transport servi&e applied %or 9


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(iv) in the &ase o% any s&heduled air transport servi&e proposed, the adequa&y o% any other airtransport servi&e already authorised under rule 6!9

(v) the etent to +hi&h any s&heduled air transport servi&e proposed +ould be li0ely to result in

+aste%ul dupli&ation o% or in material diversion o% tra%%i& %rom any air transport servi&e +hi&h is

being or is about to be provided under a permission issued under rule 6!9

(vi) any &apital or other ependiture reasonably in&urred or any %inan&ial &ommitment or

&ommer&ial agreement reasonably entered into, in &onne&tion +ith the operation o% air&ra%t onair transport servi&e by any person (in&luding the appli&ant)9

(vii) i% the tari%%s %or the proposed s&heduled air transport servi&e are reasonable9 and

(viii) any ob.e&tions or representations made in a&&ordan&e +ith the provisions o% this s&hedule or

any other la+ in %or&e"

() The Dire&toreneral may, at any time, require the appli&ant to %urnish any in%ormation +hi&h the

Dire&toreneral &onsiders ne&essary %or de&iding the appli&ation" The Dire&toreneral may also require the

appli&ant to produ&e eviden&e in support o% any in%ormation that the appli&ant may have %urnished"

4" The permit shall be valid %or a period not e&eeding %ive years as may be %ied by the Dire&toreneral

at the time it is granted"

67" The permit shall &ontain, among others, the %ollo+ing matters, namely 8@

(i) the pla&es at +hi&h air&ra%t may or shall land %or tra%%i& or other purposes9

(ii) the air&ra%t to be used9

(iii) the observan&e o% a s&hedule o% air servi&es approved %rom time to time by the Dire&tor

eneral9

(iv) the maimum and minimum %ares and %reight rated to be &harged %or the transportation o%passengers and goods"

66" The grant o% permit shall not be &onstrued as in any +ay absolving any person %rom the obligation o%&omplying +ith the provisions o% the $ir&ra%t $&t, 64! (## o% 64!), the Indian Carriage by $ir $&t 64!

(#7 o% 64!) or +ith the rules made there under or +ith any other statutory provisions"

6#" $ny s&hedule air transport servi&e operated in a&&ordan&e +ith this s&hedule shall &omply +ith the sa%etyrequirements +ith respe&t to air routes, air&ra%t and air&re+ pres&ribed in S&hedule III"

6" (6) The holder o% a permit shall maintain an >perations Manual in the %orm approved by the Dire&tor

eneral"

(#) The >perations Manual shall, in addition to any other relevant in%ormation, &ontain the %ollo+ingparti&ulars, namely 8@

(a) instru&tions outlining the responsibilities o% operations personnel pertaining to the &ondu&t o% %light

operations"

(b) the %light &re+ %or ea&h stage o% all routes to be %lo+n in&luding the designation o% the su&&ession o%&ommand"

(&) in%light pro&edure,


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(d) emergen&y %light pro&edure,

(e) the minimum sa%e %light altitude %or ea&h route to be %lo+n,

(%) the &ir&umstan&es in +hi&h a radio listening +at&h is to be maintained,

(g) a list o% the navigational equipments to be &arried,

(h) any other in%ormation required to be in&luded by the Dire&toreneral"

() $ &opy o% the >perations Manual, or su&h part o% the Manual as may be pres&ribed by the Dire&toreneral, shall be &arried on all air&ra%t engaged in s&heduled air transport servi&e"

6!" $ll air&ra%t engaged in s&heduled air transport servi&e shall &arry a E5oute uide +hi&h shall, in addition

to any other relevant in%ormation, &ontain the %ollo+ing parti&ulars, namely 8@

(a) &ommuni&ation %a&ilities, navigation aids and a list o% aerodromes, available on the route to be

%lo+n,

(b) instrument Elet do+n pro&edure %or aerodromes on the route, or, those li0ely to be used as

Ealternates,

(&) meteorologi&al minima %or ea&h o% the aerodromes on the route to be %lo+n and that are li0ely to beused as regular or alternate aerodromes,

(d) spe&i%i& instru&tions %or &omputation o% the quantities o% %uel and oil to be &arried on ea&h route

having regard to all the &ir&umstan&es o% operation, in&luding the possibility o% the %ailure o% one ormore engines o% the air&ra%t, and

(e) any other in%ormation required to be in&luded by the Dire&toreneral"

6/" (6) I% the Dire&toreneral is satis%ied that there is su%%i&ient ground %or doing so, he may, %or reasons tobe re&orded in +riting, &an&el the permit or suspend it %or any spe&i%i& period" Fe may also, during the

investigation o% any matter, suspend the permit"

(#) ithout pre.udi&e to the generality o% the po+er in subparagraph (6), the Dire&toreneral may &an&el or

suspend the permit %or su&h period as he thin0s %it, i% he is satis%ied@

(a) that any o% the &onditions o% the permit has not been &omplied +ith and the %ailure is due to any+ill%ul a&t or de%ault on the part o% the holder o% the permit or by any o% his servants, or agents,

irrespe&tive o% +hether or not su&h +ill%ul a&t or de%ault o% the servant or agent +as +ith the

0no+ledge or approval o% the holder o% the permit9 or

(b) that the holder o% the permit has %ailed to establish a sa%e, e%%i&ient and reliable servi&e9 or

(&) that having regard to the %inan&ial resour&es o% the holder o% the permit or the losses in&urred by

him, he &annot be relied upon to &ontinue the operation o% the servi&e in a sa%e, e%%i&ient and reliablemanner9 or

(d) that su&h substantial &hanges have ta0en pla&e in regard to the matters spe&i%ied in subparagraph (#)

o% paragraph 3 as to render it ne&essary or epedient in the publi& interest or in the interest o% sa%etyto &an&el or suspend the permit9 or

(e) (e) that the permit +as obtained by %raud"


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() ;e%ore any a&tion is ta0en under subparagraph (6) or subparagraph (#), the Dire&toreneral shall give

to the holder o% the permit not less than %i%teen days noti&e in +riting spe&i%ying the ground or grounds upon+hi&h it is proposed to &an&el or, as the &ase may be, suspend the permit and shall give him an opportunity o%

sho+ing &ause either in +riting or by appearing in person be%ore the Dire&toreneral against the a&tion

proposed to be ta0en"

(!) =ot+ithstanding anything &ontained in subparagraph (), the Dire&toreneral, may, i% he has reason to

believe on reliable in%ormation that it is epedient in the interest o% publi& sa%ety so to do, summarily suspend

the permit +ith a vie+ to ma0e %urther enquiry and ta0e a&tion"

(/) The permit shall &ease to be in %or&e %rom the date o% su&h &an&ellation or suspension unless other+ise

dire&ted"

61" The Dire&toreneral may, at any time, +hether o% his o+n motion or on appli&ation made by any party,

&orre&t &leri&al or typographi&al error in any o% his orders arising %rom any a&&idental slip or omission"

62" The Dire&toreneral shall &ause to be published in the >%%i&ial a-ette his de&ision regarding&an&ellation or suspension o% the permit"

63" $ny permit granted under this S&hedule shall not be &apable o% being trans%erred or assigned e&ept +ith

the spe&i%i& permission o% the Dire&toreneral 8 ?rovided that in the event o% death, or ban0rupt&y o% theholder o% the permit or o% the appointment o% a re&eiver, manager or trustee, in relation to the business o% the

holder, the person %or the time being &arrying on that business shall, i% he ma0es an appli&ation +ithin 6!

days o% the said event to the Dire&toreneral %or a ne+ permit, be entitled to &ontinue the operation o% the

s&heduled air transport servi&e until the appli&ation is disposed o%, or unless the Dire&toreneral has dire&ted

other+ise in the interest o% publi& &onvenien&e"

64" =othing herein &ontained shall be &onstrued as &on%erring upon the holder o% a permit on its epiry any

right to the issue o% a ne+ permit %or the operation o% a servi&e on the same route or to the &ontinuan&e o% anyother bene%its under this S&hedule 8 ?rovided, ho+ever, that i% the holder o% a permit applies %or a ne+ permit

to &ontinue the operation %or a %urther period and i% the Dire&toreneral is satis%ied that the s&heduled air

transport servi&e has been operated e%%i&iently and in the best interests o% the publi& and that the Corporations

or their asso&iates do not propose to operate on the route, the Dire&toreneral shall give pre%eren&e to theholder o% the permit"

#7" (6) The permit shall be 0ept at the prin&ipal o%%i&e o% the holder thereo% and shall be produ&ed %or

inspe&tion on demand by any Magistrate, any ?oli&e >%%i&er not belo+ the ran0 o% a Deputy Superintendento% ?oli&e, any o%%i&er o% &ustoms, any a-etted o%%i&er o% the Civil $viation Department, or any other person

authorised by the Central overnment or the Dire&toreneral by spe&ial or general order in +riting in thisbehal%"

(#) $ &opy o% the permit shall be displayed at a &onspi&uous pla&e in the prin&ipal tra%%i& o%%i&e o% he holder

o% the permit"

() >n the epiration o% a permit, +hether by e%%lu o% time or in &onsequen&e o% a de&ision o% the Dire&toreneral under this S&hedule or +hen a permit is suspended by the Dire&toreneral, the holder shall

surrender the permit to the Dire&toreneral %or &an&ellation or endorsement as the &ase may be"


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#6" The holder o% a permit shall per%orm su&h servi&es %or the &onveyan&e o% mails (+ith or +ithout o%%i&ers

o% the post o%%i&e in &harge thereo%) on a s&heduled air transport servi&e as the Dire&toreneral o% ?osts and

Telegraphs may %rom time to time require" The remuneration %or any servi&e per%ormed in pursuran&e o% su&hrequirement shall be su&h as may be agreed to bet+een the holder o% the permit and the Dire&tor eneral o%

?osts and Telegraphs, and in the event o% disagreement bet+een them, as may be determined by the Central

government upon a re%eren&e made to it by either o% them"

##" Avery person to +hom a permit has been granted under this S&hedule shall submit to the Dire&tor

eneral in su&h %orm as may be pres&ribed by him 8@

(a) monthly returns regarding the operation o% the permitted air transport servi&e and other air transport

operations so as to rea&h the Dire&toreneral not later than !/ days a%ter the epiry o% the month to

+hi&h the return relates9

(b) annual return sho+ing the %inan&ial results o% the servi&es or operations during ea&h &alendar year so

as to rea&h the Dire&toreneral not later than three months a%ter the epiry o% the year to +hi&h the

return relates9 and

(&) su&h other statements or returns as may be required by the Dire&toreneral"

#" $ny appli&ant or a holder o% a permit, aggrieved by an order o% the Dire&toreneral re.e&ting the

appli&ation, &an&elling or suspending su&h permit, as the &ase may be, may, +ithin a period o% thirty days%rom the date o% su&h order, pre%er an appeal to the Central overnment and the de&ision o% the Central

overnment on su&h appeal shall be %inal"

[Amended by (i G.S.R. No. &12 dated 1!-!-3-1971,

(ii G.S.R. No. 117(# dated 2!-2-199&, and

(iii GSR No. 1"1(# dated 20-03-2006.$

Documents

AR Amendments Part 2