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39A.
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 an addict
of narcotics, drugs and the like, or (b)
is using, has used or is about to use an aircraft in the
commission of a cognizable offence or in contravention of these rules,
or (c)
has, by his previous conduct as member of the crew of an
aircraft, 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 or thing carried therein, or of other aircraft or
persons or things on the ground, or (d)
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 (e)
has obtained the licence, rating, aircraft type rating or
extension of aircraft type rating, or renewal of any of them, by
suppression of material information or on the basis of wrong
information, or (f)
has unauthorisedly varied or tampered with the particulars
entered in a licence or rating, the licensing authority may, for reasons to be recorded in writing, make
an order disqualifying that person for a specified period from holding
or obtaining a licence.
(2) The
Central Government may debar a person permanently or temporarily from
holding any licence or rating mentioned in rule 38 if in its opinion it
is necessary to do so in the public interest.
(3) 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. 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 5 years.
[Amended by – (i) GSR No.
1238 dated 8-9-62,
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