Schedule
XI
Grant
of permission to operate schedule air transport services
[See sub-rule(1) and (1A) of rule 134]
[The whole Schedule XI was inserted by G.S.R. No. 1087 dated 19-7-1965]
1. Air Operator Certificate to operate Scheduled air transport services in
pursuance of sub rule (1) and (1A) of rule 134 (hereinafter referred to as the
Air Operator Certificate) may be granted either—
(i) to a citizen of India, or
(ii)
to a company or a body corporate provided that—
(a)
it is registered and has its principal place of business within India;
(b)
the Chairman and at least two-thirds of its Directors are citizens of India; and
(c)
its substantial ownership and effective control is vested in Indian nationals.
2.
The Director-General shall be the authority to examine the applications for Air
Operator Certificates and for issuing cancelling or suspending such Air Operator
Certificates.
3.
Omitted
4.
Omitted
5. (1) An application for Air
Operator Certificate shall be made to the Director-General, not less than
six months before the date on which it is proposed to commence the air
transport services, in such form and manner as may
be specified by the Director-General
which shall be signed by the applicant or by a person duly authorised in
that behalf by the applicant and the application.
(2) The applicant shall, before
making the application to the Director-General, obtain a no objection
certificate for his proposed air transport services from the Central
Government by making an application to it in such form and
manner as may be specified by the
Director-General.
(3) The Central Government shall
consider the application for no objection certificate received under
sub-paragraph (2) taking into account the factors such as the financial
soundness of the applicant, his operational plan, the clearance from
security angle of the applicant organisation including its Directors, and
any other factor that may have a bearing on the proposed air transport
services from policy angle.
(4) The no objection certificate
granted by the Central Government shall be valid for a period of three years
from the date of issue.
(5) A fee of two lakh rupees
shall be payable for making the application for no objection certificate.
6. An Air Operator Certificate for air
transport services under this Schedule may be granted in the following
categories, namely: —
(a) scheduled air transport
services (passenger);
(b) scheduled commuter air transport
services (passenger); and
(c) scheduled Air Transport Services
(Cargo).
Explanation. — The scheduled commuter
air transport services shall be operated between airports and/or helipads as
may be specified by the Director-General from time to time.
7. Only multi-engine aircraft
with maximum certified take off mass of not less than 5700 Kilograms in case
of aeroplanes and 3175 Kilograms in case of helicopters shall be used for
operations by the holder of the
Air Operator Certificate under this
Schedule and the aircraft shall meet the requirements as may be specified by
the Director-General, from time to time:
Provided that the operator of
scheduled commuter air transport services (passenger) may use aircraft with
certified take off mass from below 5700 Kilograms but not exceeding 40000
Kilograms:
Provided further that turbine-powered single engine aeroplane having
maximum certified take off mass below 5700 Kilograms and turbine-powered
single engine helicopter having maximum certified take off mass below 3175
Kilograms may be used for operations under the scheduled commuter air
transport services subject to the following conditions, namely: —
(i) the number of certified
passenger seats shall not exceed nine;
(ii) the aeroplane shall be
equipped with minimum equipment for operation at night and instrument
meteorological conditions; and
(iii) the helicopter shall be
flown under day Visual Flight Rules (VFR) only.
8.(1) The
Director-General shall consider the application for the Air Operator Certificate
as speedily as possible and upon being satisfied that the applicant meets the
laid down requirements, shall grant the
Air Operator Certificate subject to
such conditions as may be specified therein.
(2) Omitted
(3) The Director-General may, at any time, require the applicant to
furnish any information which the Director-General considers necessary for
deciding the application. The Director-General may also require the applicant to
produce evidence in support of any information that the applicant may have
furnished.
9. (1) The Air Operator Certificate
shall be valid for a period not exceeding five years as may be specified
therein and may be renewed by the Director-General for a period not
exceeding five years at a time upon being satisfied that the applicant has
been performing the services under the certificate satisfactorily and has
the capability to continue the services.
(2) A fee of twenty lakh rupees shall
be payable for the grant of an Air Operator Certificate and ten lakh rupees
for renewal thereof:
Provided that in case of issue of an
Air Operator Certificate to operate the scheduled commuter air transport
service, the fee payable shall be ten lakh rupees and five lakh rupees for
renewal thereof.
(3) The fees payable under this
paragraph shall be paid in the manner as may be specified by the
Director-General.
10. The Air Operator certificate shall contain such information as
prescribed by the Director-General.
11. The grant of Air Operator Certificate shall not be construed as in any
way absolving any person from the obligation of complying with the provisions of
the Aircraft Act, 1934 (22 of 1934), the Carriage by Air Act, 1972 (69 of 1972)
or with the rules made there under or with any other statutory provisions.
12. Any schedule air transport service operated in accordance with this
schedule shall comply with the safety requirements with respect to air routes,
aircraft and aircrew specified by the Director General.
13. Omitted
14. Omitted
15.
(1) If the Director-General is satisfied that there is sufficient
ground for doing so, he may, for reasons to be recorded in writing, cancel the
Air Operator Certificate or suspend it for any specific period. He may also,
during the investigation of any matter, suspend the Air Operator Certificate.
(2) Without prejudice to the generality of the power in sub-paragraph (1),
the Director-General may cancel or suspend the Air Operator Certificate for such
period as he thinks fit, if he is satisfied—
(a) that any of the conditions of the Air Operator Certificate has not
been complied with and the failure is due to any willful act or default on the
part of the holder of the Air Operator Certificate or by any of his servants, or
agents, irrespective of whether or not such willful act or default of the
servant or agent was with the knowledge or approval of the holder of the Air
Operator Certificate; or
(b)
that the holder of the Air Operator Certificate has failed to establish a safe,
efficient and reliable service; or
(c)
that having regard to the financial resources of the holder of the Air Operator
Certificate or the losses incurred by him, he cannot be relied upon to continue
the operation of the service in a safe, efficient and reliable manner; or
(d)
Omitted
(e)
that the air operator certificate
was obtained by fraud; or
(f) that the security clearance of the
company or the body corporate has been withdrawn or denied by the Central
Government.
(3) Before any action is taken under sub-paragraph (1) or sub-paragraph
(2), the Director-General shall give to the holder of the Air Operator
Certificate not less than fifteen days’ notice in writing specifying the
ground or grounds upon which it is proposed to cancel or, as the case may be,
suspend the Air Operator Certificate and shall give him an opportunity of
showing cause either in writing or by appearing in person before the
Director-General against the action proposed to be taken.
(4) Notwithstanding anything contained in sub-paragraph (3), the
Director-General, may, if he has reason to believe on reliable information that
it is expedient in the interest of public safety so to do, summarily suspend the
Air Operator Certificate with a view to make further enquiry and take action.
(5) The Air Operator Certificate shall cease to be in force from the date
of such cancellation or suspension unless otherwise directed.
16. The Director-General may, at any time, whether of his own motion or on
application made by any party, correct clerical or typographical error in any of
his orders arising from any accidental slip or omission.
17. Omitted
18. Any Air Operator Certificate granted under this Schedule shall not be
capable of being transferred or assigned except with the specific permission of
the Director-General :
Provided that in the event of death, or bankruptcy of the holder of the
Air Operator Certificate or of the appointment of a receiver, manager or
trustee, in relation to the business of the holder, the person for the time
being carrying on that business shall, if he makes an application within 14 days
of the said event to the Director-General for a new Air Operator Certificate, be
entitled to continue the operation of the scheduled air transport service until
the application is disposed of, or unless the Director-General has directed
otherwise in the interest of public convenience.
19. Omitted
20. (1) The Air Operator Certificate shall be kept at the principal office
of the holder thereof and shall be produced for inspection on demand by any
Magistrate, any Police Officer not below the rank of a Deputy Superintendent of
Police, any officer of customs, any Gazetted officer of the Directorate General
of Civil Aviation, or any other person authorised by the Central Government or
the Director-General by special or general order in writing in this behalf.
(2) A copy of the Air Operator Certificate shall be displayed at a
conspicuous place in the principal traffic office of the holder of the Air
Operator Certificate.
(3) On the expiration of an Air Operator Certificate, whether by efflux of
time or in consequence of a decision of the Director-General under this Schedule
or when a Air Operator Certificate is suspended by the Director-General, the
holder shall surrender the Air Operator Certificate to the Director-General for
cancellation or endorsement as the case may be.
21. The holder of an Air Operator Certificate shall perform such services
for conveyance of mail or any other items as specified by the Director General.
22. Every person to whom an Air Operator Certificate has been granted
under this Schedule shall submit to the Director-General in such form as may be
prescribed by him:—
(a) monthly returns regarding the operation of the permitted air transport
service and other air transport operations so as to reach the Director-General
not later than 45 days after the expiry of the month to which the return
relates;
(b)
annual return showing the financial results of the services or operations during
each calendar year so as to reach the Director-General not later than three
months after the expiry of the year to which the return relates; and
(c)
such other statements or returns as may be required by the Director-General.
23. Any applicant or a holder of an Air Operator Certificate, aggrieved by
an order of the Director-General rejecting the application, cancelling or
suspending such Air Operator Certificate, as the case may be, may, within a
period of thirty days from the date of such order, prefer an appeal to the
Central Government and the decision of the Central Government on such appeal
shall be final.
[Amended
by (i) G.S.R. No. 412 dated 15-5-3-1971,
(ii) G.S.R. No. 117(E) dated 25-2-1994,
(iii) GSR 413 dated 23-7-2001
,
(iv) GSR No. 181(E) dated 20-03-2006,
(iv) GSR No. 813 dated 21-11-2008,
(v) GSR No. 101(E) dated 19-02-2009,
(vi)
GSR
No. 32(E) dated 13-01-2015,
(vii) GSR No. 897(E) dated 14-09-2018, and
(viii) GSR No. 468(E) dated 25-06-2019]