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,
    (ii)  GSR No. 711 dated 3-5-1965,
   (iii)  GSR No. 218 dated 13-3-1991, and
   (iv)  GSR No. 485 (E) dated 28-6-2001]


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