134A. Non-Scheduled Air Transport Services Ė† (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 Operatorís Permit granted by the Central Government.
(3)† The application for grant of Non-Scheduled Operatorís 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 Operatorís 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 ,Ė
(a) any of the conditions of the Non-Scheduled Operatorís 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 Operatorís 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 Operatorís Permit, or
(b) the holder of the Non-Scheduled Operatorís Permit has failed to establish a safe, efficient and reliable service, or
(c) the Non-Scheduled Operatorís Permit was obtained by suppressing any information or by giving wrong information,
cancel or suspend the Non-Scheduled Operatorís Permit for such period as it thinks fit:
Provided that no such Non-Scheduled Operatorís Permit shall† be cancelled or suspended without giving a show cause notice, in writing, informing the holder of Non-Scheduled Operatorís Permit the ground on which it is proposed to suspend or cancel the Non-Scheduled Operatorís 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 Operatorís 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]