109. Disqualification from
holding or obtaining a licence.—(1) Where the licensing authority is
satisfied, after giving him an opportunity of being heard, that any person –
(a) is habitually intemperate in the use of alcohol,
or is addict of narcotics, drugs and the like, or
(b)
has, by his previous conduct as Air Traffic Controller, shown that he is
irresponsible in the discharge of his duties connected with his employment or
is likely to endanger the safety of the aircraft or any person, in the air or
on ground; or
(c) is a habitual criminal or has been convicted
by a court in India for an offence involving moral turpitude or an offence
which amounts to heinous crime; or
(d) has obtained
the licence or rating, by suppression of material
information or on basis of wrong information, or
(e) has unauthorisedly varied or tampered with the particulars
entered in a licence or rating or any other relevant document,
the licensing authority may, for reasons to be
recorded in writing, make an order disqualifying that person for a specified
period from holding a licence or from obtaining a licence under this Part.
(2) The Central Government
may, debar a person permanently or temporarily from holding any licence or rating mentioned in this Part if in its opinion it is
necessary to do so in the public interest.
(3) (a) Upon the issue of
any order under sub-rule (1) or sub-rule (2), the person affected, if he is the
holder of a licence, shall forthwith surrender his licence to the licensing authority, if the licence has not already been surrendered.
(b) The licensing authority
shall keep the licence until the expiry of the period
for which the person has been disqualified or debarred, or if he has been
debarred permanently, for a period of five years.
[Inserted by GSR No 64(E) dated 3-2-2012; and
Amended by GSR 1089(E) dated 05-11-2018]