134A.
Non-Scheduled Air Transport Services – (1) No air transport service, other than a
scheduled air transport service, shall be operated by any air transport
undertaking of which the principal place of business is in any country outside
India except with the special permission of the Central Government and subject
to such terms and conditions as it may think fit to impose in each case.
(2) No air transport service, other than a
scheduled air transport service, shall be operated by an Indian air transport
undertaking unless it holds a
Non-Scheduled Operator’s Permit granted by the Central Government.
(3) The application
for grant of Non-Scheduled Operator’s Permit shall be made to the Central
Government in such form and such manner, and shall contain such particulars or
documents as may be specified by the Director-General.
(4) The
Non-Scheduled Operator’s Permit granted under sub-rule(2) shall, unless
suspended or cancelled, remain valid for a period not exceeding five years,
which may be renewed for a period not exceeding five years at a time.
(5) The
Central Government may, if it is satisfied that ,–
(a) any of the
conditions of the Non-Scheduled Operator’s Permit has not been complied with
and the failure is due to any wilful act or default on the part of the holder
of such Non-Scheduled Operator’s Permit or by any of his servants or agents,
irrespective of whether or not such wilful act or default of the servant or
agent was with the knowledge or approval of the holder of the Non-Scheduled
Operator’s Permit, or
(b) the holder
of the Non-Scheduled Operator’s Permit has failed to establish a safe, efficient
and reliable service, or
(c) the
Non-Scheduled Operator’s Permit was obtained by suppressing any information or
by giving wrong information,
cancel or
suspend the Non-Scheduled Operator’s Permit for such period as it thinks fit:
Provided that no such
Non-Scheduled Operator’s Permit shall
be cancelled or suspended without giving a show cause notice, in
writing, informing the holder of Non-Scheduled Operator’s Permit the ground on
which it is proposed to suspend or cancel the Non-Scheduled Operator’s Permit
and giving him a reasonable opportunity of making a representation in writing
within such reasonable time as may be specified in the notice and, if that
person so desires, of being heard.
(6) Notwithstanding anything contained in sub-rule (5), if the
Central Government is of the opinion that in the interest of public safety it
is necessary so to do, it may, for the reasons to be recorded in writing,
summarily suspend the Non-Scheduled Operator’s Permit with a view to make
further enquiry.
[Inserted by GSR No 643(E) dated 29-7-2010
Amended by GSR No.
490(E) dated 18-05-2017]