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THE AIRCRAFT RULES, 1937 - Ministry of Civil Aviation

THE AIRCRAFT RULES, 1937 - Ministry of Civil Aviation

THE AIRCRAFT RULES, 1937 - Ministry of Civil Aviation

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6. The Director-General shall cause to be published in the Official Gazette, particulars regarding eachapplication for a permit and the date, not being less than thirty days after the date <strong>of</strong> publication, on whichthe application shall be taken into consideration.7. Any person may, not less than ten days before the date specified for the consideration <strong>of</strong> the applicationby the Director-General, make a representation to the Director-General in writing, setting out the specificgrounds on which the representation is made. A copy <strong>of</strong> every such representation shall be sent by theperson making it to the applicant for the permit at the same time as it is sent to the Director-General and acertificate to that effect shall be attached to the representation. The Director-General may, at his discretion,give an opportunity to the person making the representation to state his views in the presence <strong>of</strong> theapplicant for the permit. The Director-General may, at his discretion, require any person making arepresentation under this paragraph to produce evidence in support <strong>of</strong> any statement he may make.8.(1) The Director-General shall consider the application for permit and any representation made in respectthere<strong>of</strong> as speedily as possible and may, at his discretion, either refuse or grant the permit for such periodand subject to such conditions as may be specified in the permit. The Director-General may, in hisdiscretion, allow an opportunity to the applicant or his representative, for appearing before him in support<strong>of</strong> the application and may also give an opportunity to the person or persons making respresentationsagainst the application to appear before him at the same or different times.(2) For the disposal <strong>of</strong> the application, the Director-General shall consider, in particular,(i) Whether having regard to the applicant’s experience and financial resources and hisability to provide satisfactory equipment, organisation and staffing arrangements, andhaving regard also to any contravention in respect <strong>of</strong> aircraft operated by him <strong>of</strong> theprovisions <strong>of</strong> the Aircraft Act, 1934 (22 <strong>of</strong> 1934) and the rules made thereunder, theapplicant is competent and a fit and proper person to operate aircraft on scheduled airtransport services;(ii) the provisions made or proposed to be made against any liability in respect <strong>of</strong> loss ordamage to persons or property which may be incurred in connection with the aircraftoperated by the applicant;(iii) the existing or potential need or demand for the scheduled air transport serviceapplied for ;(iv) in the case <strong>of</strong> any scheduled air transport service proposed, the adequacy <strong>of</strong> any otherair transport service already authorised under rule 134;(v) the extent to which any scheduled air transport service proposed would be likely toresult in wasteful duplication <strong>of</strong> or in material diversion <strong>of</strong> traffic from any air transportservice which is being or is about to be provided under a permission issued under rule134;(vi) any capital or other expenditure reasonably incurred or any financial commitment orcommercial agreement reasonably entered into, in connection with the operation <strong>of</strong>aircraft on air transport service by any person (including the applicant);(vii) if the tariffs for the proposed scheduled air transport service are reasonable; and

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