119. Certification of communication, navigation and surveillance equipment or air traffic management facilities.– (1) No person shall permit or cause to be permitted any communication, navigation and surveillance of air traffic management equipment facility to be established or used unless it has been certified by the Director-General:
Provided that the Director-General may approve a facility for temporary use subject to such conditions as he may deem fit to impose, for the purpose of operation of air traffic services or aircraft operation or navigation in the event of national crisis, natural calamities, emergencies or otherwise requiring operation of such facilities:
Provided further that any person already permitted and operating communication, navigation, surveillance or air traffic management facility at an aeronautical telecommunication station before the commencement of these rules may continue operation of such services till he obtains the certificate from the Director-General by the date to be notified by the Central Government.
(2) This rule shall not apply in respect of any communication, navigation, surveillance or air traffic management facility, whose establishment and operation –
(a) is under the control of military authorities and is primarily for the military use;
(b) is for testing purposes and not used for supporting air traffic services or not used for aircraft operation or navigation.
(3) Nothing in this rule shall exempt any person from the provisions of the Indian Telegraph Act, 1885 (13 of 1885) and the rules made thereunder for establishment and operation of communication, navigation, surveillance or air traffic management facility for air traffic services and aircraft operation at an aeronautical telecommunication station.
[Inserted by – GSR No. 31(E) dated 14-1-2015]