Preamble - AIR CORPORATIONS RULES, 1954
1AIR CORPORATIONS RULES, 1954
PREAMBLE
In exercise of the powers conferred by Sec. 44 of the Air Corporations Act, 1953(27 of 1953), the Central Government hereby makes the following rules, namely:-
1. Gazette of India, 1954 Pt. II, Sec. 3 p. 2735.
Rule 1 - Short title
These rules may be called the Air Corporations Rules, 1954.
Rule 2 - Definitions
In these rules, unless the context otherwise requires--
(a) "the Act" means the Air Corporations Act, 1953 (27 of 1953);
1[(aa) "authorised officer" means, with reference to any of these rules, an officer authorised by the Chairman to perform the functions under that rule and includes the State Bank of India as such of its offices and branch as may be specified by the Chairman for the purpose of that rule;]
(b) "Chairman" means the Chairman of the Corporation;
(c) "Corporation" means the Indian Airlines, or, as the case may be, the 2[Air-India], as the context in each case may require;
(d) "General Manager" means the General Manager of the Corporation;
(e) "secretary" means the secretary to the Corporation;
(f) "member" means a member of the Corporation; and
(g) "section" means a section of the Act.
1. Inserted by S. R. O. 1040, dated 26.04.1956.
2. Substituted by Air Corporations (Amendment) Rules, 1965, Sec. 2, vide S.R.O. 1052, dated the 25.03.1965.
Rule 3 - Preparation and submission of annual budget estimates
(1) The budget estimates of the Corporation for every financial year beginning on the first day of April and ending on the thirty-first day of March next following shall be prepared by the Chairman or such officer as may be empowered by the Chairman in this behalf at such time and in such form as the Central Government may lay down from time to time.
(2) A copy of the budget estimates so prepared shall be sent to each member at least fourteen days before the meeting of the Corporation at which such estimates are to be considered.
(3) The Corporation shall consider and approve the budget with such changes as it thinks fit at the meeting fixed for the purpose of or at any other meeting to which the consideration of the budget estimates is adjourned by a resolution of the Corporation.
(4) The budget estimates, as approved by the Corporation shall be submitted to the Central Government, not later than the 1[first day of February] of the financial year preceding the year to which the budget estimates relate:
Provided that the particulars of all capital commitments proposed to be entered into by the Corporation which may entail expenditure from the Government funds during the succeeding financial year shall be furnished by the 1st day of September of the preceding financial year :
2[Provided further that in case the budget of revenue and expenditure of the Corporation discloses a deficit and the Corporation desires that such deficit be made good from the Government funds by the grant of subsidy or loan, such budget of revenue and expenditure shall also be submitted by the 1st day of September of the preceding year :
Provided further that, on a request received from the Corporation in any particular case, the Central Government may extend the date of commission of the budget by such period as it may think fit.]
(5) A summary of the budget estimates as submitted by the Corporation shall be laid before both Houses of Parliament 3[* * *] as soon as after the demands for grants to meet the expenditure of the Central Government have been assented to by Parliament.
1. Gazette of India, 1954 Pt. II, Sec. 3 p. 2735.
2. Inserted by S. R. O. 1040, dated 26.04.1956.
3. Omitted, by S.R.O. 1870, dated the 17.08.1956.
Rule 4 - Supplementary estimates
If during any financial year the Corporation engages or proposes to engage in any air transport service or ancillary activity in addition to those specified in the programme previously submitted under sub?section (1) of Sec. 36 or if, for any other reason or reasons, a substantial modification of the budget estimates approved by the Corporation is likely to be involved, the Corporation shall submit for approval to the Central Government supplementary estimates in such form as the Central Government may by order from time to time direct.
Rule 5 - Re-appropriation
If the Chairman or any officer of the Corporation authorised by him in this behalf is satisfied in the course of the year that there is likely to be an excess of expenditure over the budget estimates approved by the Corporation under any head, he shall examine the allotment under each head of the budget estimate with the object of ascertaining probable savings under any other head and effecting a re-appropriation. Where such re-appropriation is feasible, he may sanction the re-appropriation subject to such conditions, if any, as may from time to time be laid down by the Corporation.
Rule 6 - Preparation and submission of annual report and annual accounts
1[As soon as may be after the end of each financial year, an annual report on the work and activities of the Corporation and the annual accounts showing the financial results of the Corporation shall be prepared with such subsidiary accounts as may be prescribed by the Central Government. The report and accounts authenticated by affixing the common seal of, and duly passed by, the Corporation shall be submitted to the Central Government and to the said Comptroller and Auditor General on or before the 31st August, following :
Provided that on a request received from the Corporation the Central Government may with the concurrence of the said Comptroller and Auditor General, extend the date of submission of the accounts by such period as it may think fit.]
1. Substituted by S.R.O. 1870, dated the 17th August, 1956 for former rule 6.
Rule 7 - Initial accounts of stores
Initial accounts of stores including materials on the site of works and tools and plant (including special tools and plant) shall be maintained in accordance with such instructions as may, from time to time, be issued by the Corporation.
Rule 8 - Physical verification of stores
A physical verification of store and tools and plant shall be made by an officer who is not the custodian thereof 1[in such a way that every item of stores, tools and plant shall be verified at least once in two years.] The results of such verification together with the orders of the Corporation for any shortages or excesses of stores and tools and plant shall be communicated to the Comptroller and Auditor General of India.
2[***]
1. Inserted by S.O. 1903, dated 02.08.1961.
2. Rules 9, 10, 11 and 13 omitted by S.R.O. 1870, dated the 17.08.1956.
Rule 9 - Cost of Audit
2[The cost of audit shall be paid by the Corporation within three months from the date on which the demand therefore is made by the Comptroller and Auditor General of India.
1[***]
1. Rules 9, 10, 11 and 13 omitted by S.R.O. 1870, dated the 17.08.1956.
2. Rules 12 and 14 renumbered as 9 and 10 respectively by S.R.O. 1870, dated the 17.08.1956.
Rule 10 - Impropriety or irregularity in accounts
1[(1) The auditors shall furnish the Corporation and the Central Government with a statement each where necessary, in regard to any material impropriety or irregularity which the auditors may observe in the expenditure or in the recovery of money due to, or in the accounts of the Corporation.
(2) The Corporation shall forthwith remedy any defect or irregularity that may be pointed out by the auditors and shall report to the Central Government the action taken by it thereon within ninety days of the receipt of the report of the auditors:
Provided that, if there is any difference of opinion between the Corporation and the auditors, or if the Corporation does not remedy any defect or irregularity within a reasonable period or render a satisfactory explanation in regard to the defect or irregularity, the Central Government may, and, on reference specifically made therefore by the auditor, shall, in consultation with the Comptroller and Auditor General, pass such orders thereon as it thinks fit and the Corporation shall thereafter take action in accordance therewith within such time as may be specified by the Central Government.]
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1. Rules 12 and 14 renumbered as 9 and 10 respectively by S.R.O. 1870, dated the 17.08.1956.
Rule 15 - Reports
(1) The annual report to be submitted by the Corporation to the Central Government under Sec. 37 regarding its activities during the previous financial year, shall contain particulars, amongst others, in respect of the following items and shall be in such form as the Central Government may from time to time direct, namely:
(a) routes;
(b) operations;
(c) traffic and sales;
(d) passenger services;
(e) engineering and maintenance;
(f) staff;
(g) organisation;
(h) finance and accounts; and
(i) subsidiary and associate companies.
(2) The Corporation shall also submit, along with the annual report under Sec. 37, a separate report on the operational result of any additional service or other ancillary activity undertaken during the previous financial year in pursuance of the proviso to sub-section (2) of Sec. 36. Every such report shall contain, subject to any addition or alteration which may be specified from time to time, particulars in respect of the following matters, namely--
(a) the places to and from which the air transport service is operated including intermediate stops;
(b) the number of types of the aircraft operated on the air transport service, with such particulars of the aircraft and engines as may be required; and
(c) the number of pilots, wireless operators and other members of aircrew employed on the service and the number of licensed ground engineers and other technical or non-technical personnel employed.
1[***]
1. Omitted by S.R.O. 1871. dated the 20.08.1956.
Rule 16 - Periodical returns
(1) The Corporation shall submit to the Central Government and to such authority as it may specify--
(a) 1[fortnightly returns] in regard to delays, alterations or deviations of the air transport services. Subject to any additions or alterations which may be made from time to time, such reports shall contain information and explanatory notes in respect of the following matters, that is to say--
(i) delays exceeding thirty minutes on the 1[scheduled air services] operated on domestic air routes and on air routes to the neighboring foreign countries;
(ii) delays exceeding two hours on the scheduled air services operated on long haul international routes;
(iii) alterations or deviations of the scheduled route made for reasons other than securing the safety of crew, passengers, freight or mail; and
(iv) cancellations of scheduled air services;
2[(b) monthly returns relating to services operated and load carried separately in relation to each route so as to reach not later than 60 days after the expiry of the month to which the return relates; such returns shall, subject to any additions or alterations which may be specified from time to time, contain information on the following items:
(i) Services operated--
(a) frequency;
(b) number scheduled;
(c) number and percentage completed without interruption;
(d) number and percentage interrupted en route and the cause and extent of delay;
(e) number and percentage not commenced and the causes; (f) number and percentage not completed and the causes;
(g) number of unpremeditated landings, the services affected and the reasons;
(h) regular stops overflow and the causes;
(i) hours flown ; and
(j) miles flown;
(ii) Load carried--
(a) distance, pay load (lbs.) and the number of seats normally available for each stage;
(b) mean pay load capacity operated, i.e. sum of pay loads for each stage x mileage of stage ? total route mileage;
(c) capacity ton/miles operated;
(d) passenger seat miles offered;
(e) number of passengers carried on each stage (revenue and non-revenue separately);
(f) passenger miles effected (revenue and non-revenue separately);
(g) passenger ton/miles effected (revenue and non-revenue separately); (h) mean percentage of passenger seats occupied (passenger factor);
(i) weight of passenger excess baggage carried )revenue and non-revenue separately);
(j) excess baggage ion/miles effected (revenue and non-revenue separately);
(k) weight of mails carried;
(l) mail ton/miles effected;
(m) weight of freight (including newspapers) carried (revenue and non-revenue separately);
(n) freight ton miles effected (revenue and non-revenue separately);
(o) total ton/miles effected (revenue and non-revenue separately); and
(p) mean percentage of total pay load capacity filled (overall load factor);
(iii) Revenue earned--
(a) passenger revenue;
(b) excess baggage revenue;
(c) mail revenue; and
(d) freight revenue];
(c) annual returns regarding the financial results of the Corporation during each year as soon as these are ready in such form as may be laid down by the Central Government from time to time; and
(d) periodical returns to be furnished to the International Civil Aviation Organisation in such forms as may be laid down from time to time.
(2) No information furnished in the annual return mentioned in Cl. (c) of sub-rule (1) shall be published or disclosed without the consent of the Corporation and if any person publishes or discloses any such information without such consent, he shall be deemed to be guilty of an offence punishable under these rules:
Provided that nothing in this sub-rule shall apply to the publication or disclosure of any information for the purpose of any legal proceeding by any person authorised by the Chairman in this behalf.
1. Substituted by S.R.O. 1871. dated the 20.08.1956 for "weekly returns".
2. Substituted by S.R.O. 1871, dated the 20.08.1956.
Rule 17 - Power to obtain supplementary report of information
Notwithstanding anything contained in rules 15 and 16, the Central Government may require special reports from the Corporation and lay down the manner and the form in- which such reports shall be made or may require from the Corporation answers to questions upon which the Central Government may need information. The Central Government may also require the Corporation to furnish a true copy of each or any contract, agreement, understanding or arrangement, between the Corporation and any other carrier or person, in relation to any traffic affected by the provisions of the Act.
Rule 18 - Form of bond and the mode of transfer thereof
(1) Any bond issued by the Corporation shall be issued in Form I specified in the Schedule as a promissory note payable to, or to the order of, a person in denominations of Rs. 10, 50, 100, 1,000 5,000, 10,000 and 25,000.
(2) A bond shall be transferable by endorsement and delivery, like a promissory note payable to order.
(3) No endorsement of a bond shall be valid unless it is made by the holder in his own handwriting or made on his behalf by his duly constituted attorney or representative, inscribed on the back of the bond itself.
(4) No writing on a bond shall be valid for the purpose of negotiation, if such writing purports to transfer only part of the amount denominated by the bond.
(5) (a) The bonds shall be issued over the joint signature of the Chairman or 1[authorised officer] and a member of the Corporation which may be printed, engraved or lithographed or impressed by such other mechanical process as the Corporation may direct.
(b) A signature so printed, engraved, lithorgaphed or otherwise impressed shall be as valid as if it had been inscribed in the proper handwriting of the signatory himself.
Rule 19 - Trust not recognised
The Corporation shall not be bound or compelled to recognise in any way any trust or any right in respect of a bond other than an absolute right thereto in the holder.
Rule 20 - Persons disqualified to be holders
No minor and no person who has been found by a competent court to be of unsound mind shall be entitled to be the holder of a bond.
Rule 21 - Payment of interest
(1) The interest due on a bond may be paid on receipt of the bond either by post or otherwise at the head office of the Corporation 1[or such offices or branches of the State Bank of India as may be specified for the purpose by the Chairman] in half-yearly installments in 2[February and August] each year.
(2) The interest shall be paid by means of a cheque on a scheduled bank.
Rule 22 - Procedure when bond is lost
(1) Every application for the issue of a duplicate bond in place of a bond which is alleged to have been lost, stolen, destroyed, mutilated or defaced, either wholly or in part, be addressed to the Corporation 3[or to such offices or branches of the State Bank of India as may be specified for the purpose by the Chairman] and shall contain the following particulars, namely :
(a) particulars of the bond, viz. bond for Rs............No........... of the bond............;
(b) last half-year for which interest has been paid;
(c) the person to whom such interest was paid;
(d) the person in whose name the bond was issued (if known);
(e) the circumstances attending the loss, theft, destruction, mutilation or defacement; and
(f) whether the loss or theft was reported to the police.
(2) Such application shall be accompanied by--
(a) where the bond was lost in course of transmission by registered post, the post office registration receipt for the letter containing the bond;
(b) a copy of the police report, if the loss or theft was reported to the police;
(c) if the applicant is not the registered holder, an affidavit sworn before a Magistrate testifying that the applicant was the last legal holder of the bond, and all documentary evidence necessary to trace back the title to the registered holder; and
(d) any portion or fragments which may remain of the lost, stolen, destroyed, mutilated or defaced bond.
Rule 23 - Notice in Gazette
The loss, theft, destruction, mutilation or defacement of a bond or portion of a bond shall forthwith be notified by the applicant at his cost in three successive issues of the Gazette of India, and of the local Official Gazette, if any, of the Stale in which the loss, theft, destruction, mutilation or defacement occurred. Such notice shall be in the following form or as nearly in such form as circumstances permit, namely:
"('Lost', 'stolen', 'destroyed', 'mutilated', or 'defaced', as the case may be). The bond bearing No................of the Indian Airlines/1[Air-India] for Rs......................original standing in the name of..........and last endorsed to.......... the proprietor, by whom it was never endorsed to any other person, having been lost (stolen, destroyed, mutilated or defaced), notice is hereby given that payment of the above bond and the interest thereon has been stopped at the office of issue, and that an application is about to be made or has been made for the issue of a duplicate in favour of the proprietor. The public are cautioned against purchasing or otherwise dealing with the above-mentioned bond.
Name of person notifying.
Residence."
Rule 24 - Issue of duplicate bond and taking of indemnity
(1) After the publication of the notice as required by rule 23, the authorised officer shall, if he is satisfied of the loss, theft, destruction, mutilation or defacement of the bond and of the justice of the claim of the applicant, cause the particulars of the bond to be included in a list published under rule 25 and shall order the office--
(a) if only a portion of the bond has been lost, stolen, destroyed, mutilated or defaced, and if a portion thereof sufficient for its identification has been produced, to pay interest and to issue to the applicant, on execution of an indemnity bond such as is hereinafter mentioned and on payment of the prescribed fee, a duplicate bond in place of that of which a portion has been so lost, stolen, destroyed, mutilated or defaced either immediately after the publication of the list under rule 25 or on the expiry of such period as the authorised officer may consider necessary from the date of the publication of the said list;
(b) if no portion of the bond so lost, stolen, destroyed, mutilated or defaced, sufficient for its identification, has been produced--
(i) to pay to the applicant, one year after the publication of the said list, and on the execution of an indemnity bond in the manner hereinafter prescribed, the interest in respect of the bond so lost, stolen, destroyed, mutilated or defaced till the expiry of the period of three years as hereinafter provided; and
(ii) to issue to the applicant on payment of the prescribed fee, a duplicate bond in place of the bond so lost, stolen, destroyed, mutilated or defaced three years after the date of publication of the said list:
Provided that--
(i) if the date on which the bond is due for repayment falls earlier than the dale on which the said period of three years expires, the authorised officer shall, within six weeks of the former date, invest the principal amount due on the bond in the Post Office Savings Bank, and shall repay this amount, together with any interest which may have accrued thereon in such bank to the applicant at the time when a duplicate bond would otherwise have been issued; and
(ii) if at any time before the issue of the duplicate bond, the original bond is discovered or it appears to the office of issue for other reasons that the order should be rescinded, the matter shall be referred to the authorised officer for further consideration and in the mean lime all action on the order shall be suspended. An order passed under this sub-rule shall, on expiry of the period of three years referred to, become final unless it is in the mean time rescinded of otherwise modified.
(2) The authorised officer may, at any time prior to the issue of a duplicate, bond, if he finds sufficient reason, alter or cancel any order made by him under this rule and may also direct that the interval before the issue of a duplicate bond shall be extended by such period, not exceeding two years as he may think fit.
(3) (i) An indemnity bond shall be for twice the face value of a bond plus twice the amount of interest accrued due thereon.
(ii) The authorised officer may direct that such indemnity bond shall be executed by the applicant alone or by the applicant and one or two sureties approved by him as he may think fit.
Rule 25 - Publication of list
(1) The list referred to in rule 24 shall be published half-yearly in the Gazette of India in the months of January and July or as soon thereafter as may be convenient.
(2) All bonds in respect of which an order has been passed under rule 24 shall be included in the first list published next after the passing of such order.
(3) The list shall contain the following particulars regarding each bond included therein, namely, the name of the office of issue, the number of the bond its value, the name of the persons to whom it was issued, the date from which it bears interest, the name of the applicant for a duplicate, the number and date of the order passed by the authorised officer for payment of interest or issue of a duplicate, and the date of publication of the list in which the bond was first included.
Rule 26 - Determination of a mutilated bond as a bond requiring renewal
The authorised officer shall determine whether a bond which has been mutilated or defaced requires the issue of a duplicate under rule 24 or a renewal under rule 27.
Rule 27 - When a bond is required to be renewed
(1) A holder of a bond may be required by the authorised officer to submit the same for renewal in any of the following cases, namely:
(a) if only sufficient room remains on the back of the bond for one further endorsement or if any word is written upon the bond across the existing endorsement or endorsements; or
(b) if the bond is, in the opinion of the authorised officer, torn or in any way, damaged or crowded with writing or clumsy; or
(c) if any endorsement is not clear and distinct or does not indicate the payee or payees, as the case may be, by name or is made otherwise than in one of the endorsement cages of the back of the bond; or
(d) if the interest on the bond has remained undrawn for three years or more; or
(e) if the bond having been en faced three times for payment of interest is presented for re-enfacement; or
(f) if in the opinion of the office of issue, the title of the person presenting the bond for payment of interest is irregular or no: fully proved.
(2) When a requisition for renewal of a bond has been made under sub-rule (1) payment of any further interest thereon shall be refused until it is submitted for renewal and actually renewed.
Rule 28 - Person whose title to a bond of a deceased sole holder may be recognised
(1) The executors or administrators of a deceased sole holder of a bond (whether a Hindu, Mohammedan, Parsi or otherwise) and the holder of a succession certificate issued under Part X of the Indian Succession Act, 1925 (39 of 1925) in respect of the bond shall be the only persons who may he recognised by the office of issue (subject to any general or special instructions of the authorised officer) as having any title to the bond.
(2) Notwithstanding anything contained in Sec.45 of the Indian Contract Act, 1872 (9 of 1872), in the case of a bond issued, sold or held payable to two or more holders jointly, the survivors or survivor, and on the death of the last survivor, his executors, administrators, or any person who is the holder of a succession certificate in respect of such bond shall be the only person who may be recognised by the Corporation (subject to any general or special instructions of the authorised officer) as having any title to such bond:
Provided that nothing in this rule shall effect any claim which any representatives of a deceased holder of such bond may have against the survivors or survivor or his executors or administrators under or in respect of any bond to which this sub-rule applies.
(3) The Corporation shall not be bound to recognise such executors or administrators unless they shall have obtained probate or letters of administration or other legal representation, as the case may be, from a competent court:
Provided nevertheless that in any case where the authorised officer shall in his absolute discretion think fit, it shall be lawful for him to dispense with the production of probate, letters of administration or other legal representation upon such terms as to indemnity or otherwise as he may think fit.
Rule 29 - Receipt for renewal, etc
(1) Subject to any general or special instructions of the authorised officer, the Corporation, by its order, on the application of the holder, on his delivering the bond or bonds and on his satisfying the Corporation regarding the justice of his claim, renew, sub-divide or consolidate a bond or bonds provided the bond or bonds has or have been receipted in Form II, III or IV, as the case may be, and the fee laid down by the Corporation in this behalf has been paid.
(2) The Corporation may, under the orders of the authorised officer require the applicant for renewal, sub-division or consolidation of a bond under sub-rule (1) to execute a bond in Form V with one or more sureties approved by such authorised officer.
Rule 30 - Renewal of bond in case of dispute as to title
Where there is a dispute as to the title to a bond in respect of which an application for renewal has been made the authorised officer may--
(a) where any party to the dispute has obtained a final decision from a court of competent jurisdiction declaring him to be entitled to such bond, issue a renewed bond in favour of such party, or
(b) refuse to renew the bond until such a decision has been obtained.
Explanation.--For the purposes of this rule, the expression "final decision" means a decision which is not appealable or a decision which is appealable but against which no appeal has been filed within the period of limitation allowed by law.
Rule 31 - Liability in respect of bond renewed
When a duplicate bond or a renewed bond has been issued or a new bond has been issued upon sub-division or consolidation under rule 29 in favour of a person, the bond so issued shall be deemed to constitute a contract between the Corporation and such person and all persons deriving title thereafter through him.
Rule 32 - Discharge
The Corporation shall be discharged from all liability in respect of the bond or bonds paid on maturity or in place of which a duplicate, renewed, sub?divided or consolidated bond or bonds has or have been issued.
Rule 33 - Cessation of payment of interest
A person to whom the Corporation has offered the face value of a bond shall cease, to be entitled to payment of any interest on the value of the bond after the expiry of thirty days from the date of the offer if he fails to accept payment of the amount within that period.
Rule 34 - Discharge of a bond
When a bond becomes due for payment of principal, the bond shall be presented at the office of the corporation 4[or such offices or branches of the Slate Bank of India as may be specified for the purpose by the Chairman] duly signed by the holder on its reverse
Rule 35 - Fees
A fee not exceeding half per centum of the face value shall be paid in respect of each new bond issued on renewal, sub-division or consolidation under rule 29, and also in respect of a duplicate bond.
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1. Inserted by S.R.O. 1040, dated the 26.04.1956.
2. Substituted by S.R.O. 1524, dated the 16.07.1955. for "January and July".
3. Substituted by Air Corporations (Amendment) Rules. 1965, Sec. 3. vide S.R.O. 1052. dated the 25.04.1965.
4. Inserted by S.R.O. 1040, dated the 26.04.1956.
Rule 36 - Provision of courses for theoretical and practical training
The Corporation shall arrange for theoretical and practical training of its flying crew, maintenance and operational staff and its technical personnel in consultation with the Director General of Civil Aviation:
Provided that the Corporation may, in its discretion, admit other persons also to undergo such courses of training.
Rule 37 - Liability of an employee to undergo training and test
An employee of any of the categories specified in rule 36 when called upon by the Corporation to do so, shall undergo such courses of training, examination and tests, whether practical or theoretical, written or oral, as may from time to time be laid down by the Corporation.
Rule 38 - Deputation for specialised training
(1) The Corporation may, in its discretion, or if so desired by the Central Government, shall depute any of its employees for specialised training to a technical institution either in India or abroad. The employees shall undergo and satisfactorily complete the course of training in such institution.
(2) An employee selected for a specialised training shall, if so required by the Chairman before the commencement of training, execute an agreement binding himself to serve the Corporation for such minimum period on the completion of his training as the Chairman may require, or in the alternative to refund to the Corporation the sums paid by the Corporation to him during the period of his training, whether as salary, stipends, fees, travelling expenses, or otherwise.
Rule 39 - Levy of fees
No fee shall be charged or levied by the Corporation in respect of courses of training provided, or examinations and tests conducted, for their employees and connected with the nature of duties assigned to such employees :
Provided that nothing herein contained shall restrict the right of the Corporation to levy the prescribed fees in respect of persons other than its employees .
Rule 40 - No fees for testing the proficiency of an employee for the performance of assigned duties
No fee shall be charged for any examination or test conducted by the Corporation for testing the proficiency of an employee of the Corporation for the performance of duties assigned to him.
Rule 41 - Payment of stipends and allowances during training
The Corporation shall pay such stipends and allowances in addition to the normal emoluments as may be specified from time to time whenever an employee of the Corporation is deputed for training either in India or abroad.
Rule 42 - Selection of candidates for undergoing training
The selection of candidates, not in the service of the Corporation, for undergoing courses of training established by the Corporation or arranged for either in India or abroad shall be made by one or more selection boards to be nominated by the Corporation in consultation with the Director General of Civil Aviation:
Provided that nothing contained herein shall restrict the right of the Corporation to nominate separate selection boards for selecting employees of the Corporation for different courses of training.
Rule 43 - Interference with the property and employees of the Corporation
(1) Save as otherwise authorised under the provision of any law for the time being in force, no person shall, directly or indirectly, interfere with or cause interference with the operation of any air transport service or with any property of the Corporation or interfere with or obstruct a member of the operating crew of an aircraft in the performance of his duty or tamper with the aircraft or its equipment or conduct himself in a disorderly manner in an aircraft or commit any act likely to imperil the safety of an aircraft or its passenger or crew.
(2) Any person who contravenes any of the provisions of this rule shall be punishable in respect of every such contravention with imprisonment which may extend Jo three months or with fine which may extend to rupees one thousand or with both.
(3) Notwithstanding the contract of carriage, the pilot in command of in an aircraft or commit any act likely to imperil the safety of an aircraft or such person tampers with the aircraft or its equipment or commits any act likely to imperil its safety.
Rule 43A - RULE 43A
1No person who is directly or indirectly interested in any subsisting contract with either of the Corporations shall, except with the express permission in writing of the General Manager of the Corporation concerned, be or become an employee of that Corporation.
Rule 43B - RULE 43B
A person who is an employee or applies for employment in either of the two Corporations shall submit to the General Manager of the Corporation concerned or any other officer nominated by him, a declaration disclosing full details of any such contract in which he is or may be directly or indirectly interested.
Rule 43C - RULE 43C
When a person has secured employment with either of the Corporations on the basis of a false declaration or wilful non-disclosure of information or when an employee has wilfully made a false declaration or concealed information as to any direct or indirect interest in any such contract, or if the Corporation has reason to believe that he has made any such false declaration or concealed any such information, the services of such employee shall, without prejudice to any penalty which may be imposed under rule 59 of these Rules, be liable to be terminated forthwith.]
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1. Inserted by S.O. 118, dated 13.12.1960.
Rule 44 - Term of Office
The term of office of the Chairman or any other member of the Air Transport Council (hereinafter referred to as the Council) shall be for a period of three years commencing from the date on which the appointment of the Chairman or other member is notified in the Official Gazette:
Provided that the Chairman or other member shall, notwithstanding the expiry of the said period, continue to hold office until the appointment of his successor is so notified.
Rule 45 - Resignation
The Chairman or any other member of the Council may, at any time, by notice in writing under his hand addressed to the Central Government, resign his office:
Provided that such resignation shall take effect from the date on which it is accepted by the Central Government,1[or on the expiry of thirty days from the date of receipt of intimation of such resignation, whichever is earlier].
Rule 46 - Restriction on a member considering representation in which he is interested in his personal capacity
No member of the Council shall sit to consider a representation or question if, in respect of the matters to which the representation or question relates, he has, in his personal capacity, any special interest such as may tend to interefere with his impartial consideration of the representation or question and any member having such special interest shall notify the same to the Central Government and the Council immediately on the representation being made or the question being referred to the Council, as the case may be.
Rule 47 - Removal of the Chairman and members
The Central Government may, by notification in the Official Gazette, remove from office the Chairman or any other member of the Council who--
(i) in the opinion of the Central Government, has failed or is unable to carry out his duties, or
(ii) without sufficient cause is absent from three consecutive meetings of the Council.
Rule 48 - Temporary absence of a member
If any member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his appointment, the Central Government may appoint another person to act in his place.
Rule 49 - Eligibility for re-appointment
A member of the Council who ceases to be a member shall be eligible for re-appointment.
_________________________________________
1. Added by S.R.O. 2762, dated the 19.11.1958.
Rule 50 - RULE 50
(1) The Advisory Committee constituted under sub-section (1) of Sec. 41 may, in addition to such matter as may be referred to it by the Corporation, also advise the Corporation in respect of the following matters, namely :
(i) provision of amenities for air travellers;
(ii) improvement of services and facilities provided by the Corporation;
(iii) time-tables of air services;
(iv) extensions or improvements of the existing projects;
(v) proposals relating to opening of new air stations; and
(vi) any other matter of general public interest or public convenience:
Provided that matters relating to the staff, discipline and appointment shall not be referred to the Committee for advice.
Rule 51 - Constitution
(1) (a) A Labour Relations Committee shall be constituted by each of the Corporations consisting of such equal number of representatives of the Corporation and of its employees, which shall not be less than six and not more than twelve, as the Corporation may, from lime to time, by resolution, determine.
(b) It shall be the duty of the Labour Relations Committee to advise the Corporation on all matters which relate to the welfare of the employees or which are likely to promote and secure amity and good relations between the two. If there is any difference of opinion between the Corporation and the Committee on any question as to whether or not any particular matter relates to the welfare of the employees or is one which is likely to promote and secure amity and good relations between the Corporation and its employees, the opinion of the Corporation shall prevail.
(2) (a) The tenure of office of a member of the Committee shall be two others but an outgoing member shall be eligible for being re-elected.
1[(aa) A member of the Committee may resign from the Committee by giving a notice in writing to the Chairman of the Committee. The Chairman may accept the resignation within thirty days, in which case, the resignation shall be effective from the date mentioned in the letter of resignation or from the date of acceptance of the resignation by the Chairman of the Committee, whichever is later. The resignation shall be deemed to have been accepted from the date mentioned in the letter of resignation if the Chairman of the Committee docs not accept the resignation within the said period of thirty clays.]
(b) If any casual vacancy occurs in the office of a member of the Committee, the Corporation shall, as soon as may be after the occurrence of the vacancy and subject always to the provisions of sub-rules (3) and (4), appoint a person to fill the vacancy from among its own representatives or representatives of its employees, according as the member causing the casual vacancy was a representative of the Corporation or, as the case may be, a representative of its employees and every member so appointed shall continue in office for the unexpired term of his predecessor.
(3) The Corporation shall nominate its own representatives on the Committee.
(4) The representatives of employees on the Committee shall be elected by the employees of the Corporation by means of a secret ballot from amongst themselves working in the various units and for the purposes of the same, the Corporation shall divide the employees into six units:
Provided that the representatives of the employees shall be so elected as to ensure a representation to each of the units.
(5) (a) The officers of the Committee shall include?
(i) a 2[Chairman of the Committee]; and
(ii) a 3[Secretary of the Committee].
(b) The principal executive officer of the Corporation in charge of labour welfare shall be entitled to attend all meetings of the Committee and shall also have the right to speak at, and otherwise take part in, any meeting of the Committee but shall not be entitled to vote or move any resolution, if he is not a member thereof.
(6) The Chairman of the first Labour Relations Committee shall be the Chairman of the Corporation or a member of the Committee appointed by the 4[Chairman of the Corporation in this behalf]. Thereafter the Committee shall elect one of its members to be the Chairman of the Committee, so however, that a representative of the Corporation or a representative of its employees is the Chairman of the Committee in alternate years.
(7) The Secretary of the Committee shall be elected by the Committee for a period of one year from amongst the representatives of the Corporation and of the employees, so however, that if, in any term, the Chairman of the Committee is a representative of the Corporation, the 2[Secretary of the Committee] for that term shall be a representative of the employees of the Corporation to be elected from amongst its own number and vice versa.
(8) The Committee may constitute one or more ad hoc sub-committees as it thinks fit to enquire into any matter and submit its report to the Committee or may appoint a Standing and Branch or Regional Sub-Committee and entrust to it such functions and duties as the Committee may with the previous approval of the Corporation direct.
1. Substituted by G.S.R. 33(E) Dated 27.03.1982.
2. Substituted by S.R.O. 498, dated the 09.02.1957, for "Chairman".
3. Substituted by S.R.O. 498, dated the 09.02.1957, for "Secretary".
4. Substituted by S.R.O. 498, dated the 09.02.1957, "Chairman in this behalf".
Rule 52 - Functions of Officers
(1) The Chairman of the Committee shall ordinarily preside over meetings and shall exercise general control and supervision. He shall also decide all questions of order at the meeting.
(2) In the absence of the 2[Chairman of the Committee] any other member elected by the members present shall preside at a meeting.
(3) The 1[Secretary of the Committee] shall keep a record of the minutes of meetings.
1. Substituted by S.R.O. 498, dated the 09.02.1957, for "Chairman".
2. Substituted by S.R.O. 498, dated the 09.02.1957, for "Secretary".
Rule 53 - Functions of Officers
(1) Meetings shall ordinarily be held at least once in two months at the headquarters of the Corporation or at such other places as the Chairman of the Corporation or the Committee may determine. If and when necessary, special meetings may be convened by the 1[Chairman of the Committee].
(2) A special meeting shall be held at a fortnight's notice on a requisition made by at least five members of the Committee, for consideration of any urgent matter.
1. Substituted by S.R.O. 498, dated the 09.02.1957, for "Secretary".
Rule 54 - Attendance at meetings
(1) The members of the Committee shall be considered to be on duty for the period of attendance at meetings of the Committee or while doing any other work for, and on behalf of the Committee and shall be paid the usual travelling and daily allowances and wages, including other allowances, for such period.
(2) Any member who fails to attend three consecutive meetings shall forfeit his membership, unless the Committee decides otherwise. This provision shall not apply to the 1[Chairman of the Committee].
1. Substituted by S.R.O. 498, dated the 09.02.1957, for "Secretary".
Rule 55 - Agenda and notice for meeting
(1) The agenda for each meeting shall be drawn up by the 1[Secretary of the Committee] under the 3[directions of the Chairman of the Committee] and the same shall be supplied to each member of the Committee along with the notice of the meeting at least a week before the meeting, except in the case of a special meeting. Members desiring to raise any question should send notice in advance along with a memorandum. It shall be included in the agenda if approved by the 2[Chairman of the Committee].
(2) Business other than that appearing in the agenda shall be considered at any meeting, only with the permission of the 2[Chairman of the Committee]. The presence of a majority of members from each side of the Committee, that is to say, from among the representatives of the Corporation and representatives of the employees, shall be necessary to constitute a quorum. No quorum shall be necessary for an adjourned meeting.
1. Substituted by S.R.O. 498, dated the 09.02.1957, for "Chairman".
2. Substituted by S.R.O. 498, dated the 09.02.1957, for "Secretary".
3. Substituted by S.R.O. 498, dated the 09.02.1957 for "Chairman's directions".
Rule 56 - Facilities for the meeting
Accommodation for holding meetings and all other facilities necessary for the functioning of the Committee shall be provided by the Corporation.
Rule 57 - Administration and working
(1) The Chairman of the committee shall be in the administrative charge of the Committee office, records and equipment of the Committee.
(2) The 1[Secretary of the Committee] shall assist the 1[Chairman of the Committee] in the administration and working of the Committee's office.
1. Substituted by S.R.O. 498, dated the 09.02.1957, for "Chairman".
Rule 58 - Proceedings and decisions of the Committee
(1) All questions brought before any meeting of the Committee shall be decided by a majority of the members of the Committee present and voting before which the matter is brought and in the case of equality of votes, the presiding authority at the meeting shall have a second or casting vote.
(2) The functions of the Committee shall be purely advisory and the Corporation may or may not accept any advice tendered to it by the committee.
(3) Minutes of meetings shall be drawn up by the 2[Secretary of the Committee] and after approval by the 1[Chairman of the Committee], he shall send a copy of the same to each member.
(4) It shall be lawful for the Committee to give such publicity to all important matters relating to the welfare of the employees of the Corporation as the Corporation may from time to time direct.
1. Substituted by S.R.O. 498, dated the 09.02.1957, for "Chairman".
2. Substituted by S.R.O. 498, dated the 09.02.1957, for "Secretary".
Rule 58A - Establishment and maintenance of a fund to meet third party liabilities
(1) 6Each of the two Corporations shall establish and maintain a fund, the amount of which shall be determined by the Central Government from time to time, . and the fund shall be utilised by the Corporation for meeting any liability caused by or arising out of any act or omission in respect of which the Corporation may incur any liability to any third party.
(2) Notwithstanding anything contained in sub-rule (1) but without prejudice to the provision thereof, it shall be lawful for the Corporation to take out such insurance policy or policies from authorised insurers against any such liability as is referred to in sub-rule (1) as may, in the opinion of the Corporation, be necessary or prudent.]
Rule 58B - Application
7[This 8[Chapter shall apply to the General Managers in either of the two Corporations whose appointments are subject to the approval of the Central Government.]
Rule 58C - Application
Appointments to the posts referred to in rule 58B shall be made either by direct recruitment or by promotion of officers employed in either of the two Corporations or by deputation of officers serving under the Central or any State Government.
Rule 58D - Conditions of Service
(1) Officers appointed to the posts referred to in rule 58-B when promoted from either of the two Corporations shall be entitled to the same scales of pay as those prescribed for the posts and shall continue to be governed by the other conditions of service laid down from time to time in the Service Regulations of the Corporation employing them.
(2) Officers recruited directly shall also be governed by the same scales of pay and other conditions of service as those applicable to the promoted officers of the Corporation.
(3) The pay scales and other conditions of service of officers appointed to the above posts on deputation shall be fixed on an ad hoc basis having regard to the pay scales and other conditions of service to which they were entitled in their parent departments immediately before their deputation or as may be prescribed in the terms of deputation by the appropriate Government/Department.]
__________________________________________
1. Substituted by G.S.R. 33(E) Dated 27.03.1982.
2. Substituted by S.R.O. 498, dated the 09.02.1957, for "Chairman".
3. Substituted by S.R.O. 498, dated the 09.02.1957, for "Secretary".
4. Substituted by S.R.O. 498, dated the 09.02.1957, "Chairman in this behalf"
5. Substituted by S.R.O. 498, dated the 09.02.1957 for "Chairman's directions".
6. Inserted by S.R.O. 158, dated the 13.01.1956.
7. Inserted by S.O. 1903, dated the 02.08.1961.
8. Substituted by S.O. 5092, dated 08.11.1971.
Rule 59 - RULE 59
If any person contravenes any provision of these rules other than the rules for the contravention of whose provision separate penalty has been provided in such rules, he shall be punishable with fine which may extend to one thousand rupees.
Schedule - THE SCHEDULE
THE SCHEDULE
FORM I
[See rule 18]
Bond
No........................Rs..................
|
Indian Airlines |
|
|
Air-India International |
Issued in pursuance of Sec. 27 of the Air Corporations Act, 1953 (27 of 1953), and guaranteed by the Central Government as to the repayment of the principal and the payment of interest in terms of that section.
__________
Indian Airlines
The ----------------------------------------------, in consideration of value of assets
Air-India International
taken over, does hereby promise to pay to......................OR ORDER on demand at the
Indian Airlines
office of the ------------------------------ on any day between the 1st day of August,
Air-India International
1958, and the 27th day of January, 1959, the sum of Rs.............and to pay interest on such sum from the 1st day of August, 1953, to the date on which the same shall become payable as aforesaid, at the rate of three and a half per cent, per annum, such interest to be paid by equal half-yearly payments on the 1st day of January and on the 1st day of July in every year.
This bond is transferable by endorsement.
Indian Airlines
FOR ------------------------------------------------ the 1st July, 1953, Chairman or
Air-India International
authorised officer............... Member. Rs..............No............All endorsements upon this bond must be clear and distinct. All endorsements if not made in the English language must be translated into English immediately below the endorsement.
Receipts for interest are not required on this bond. Cross endorsements are inadmissible.
___________________________________________________________________________________
Principal amount Rs.
______________________________
Interest payment at Rs. per half Received in lieu hereof a
year. renewed bond payable to..........
______________________________
with interest payable at.........
Interest cages to be printed. ............................................
Holder's signature...................
_______________________________________________________________________________________
Receipts for interest are not required on this bond. Cross endorsements are in admissiable.
These spaces are reserved for endorsement and each endorsement should be written within the space allotted.
This bond can be renewed at any time at the option of the holder on payment of the prescribed fee. Should this bond bear no endorsement (other than the renewal endorsement) when the interest column has been exhausted, no renewal fee will be charged.
_______________
FORM II
[See rule 29(1)]
Form of Endorsement for renewal of a bond
Received in lieu hereof renewed bond, payable to (name of holder), with interest payable at the office of the Corporation.....................
Signature of the holder/duly authorised representative of (name of holder.....................
_______________
FORM III
[See rule 29(1)]
Form of Endorsement for sub-division of a bond
Received in lieu hereof..............bonds Nos.............for Rs...............respectively, payable to (name of holder)............with interest payable at the office of the Corporation.
Signature of the holder/Duly authorised representative of (name of holder)...............
______________
FORM IV
[See rule 29(1)]
Form of Endorsement for consolidation of bonds
Received in lieu hereof a new bond payable to (name of holder) for Rs............by consolidation with bond or bonds Nos.................... (mentioning the numbers and amounts of the other bonds desired to be consolidated with it and specifying the issue) with interest payable at the office of the Corporation.
Signature of the holder/Duly authorised representative of (name of holder)................
______________
FORM V
[See 1rule 29(1)]
Know all men by these presents that we____________________________________________________
_________________________________ (a) Principal
Son of______________________________________
Resident of__________________________________
and________________________________________
Son of______________________________________
Resident of__________________________________
and________________________________________
Son of______________________________________
Resident of___________________________________ (b) Sureties
___________________________________________________________________________________________________
hereby bind ourselves and each of us, our and each of our heirs, executors, administrators and representatives and all of them jointly and severally to the Corporation for payment of the sum of Rs. ______________ to the said Corporation, its certain attorneys, successors and assigns.
And I/each of us the said______________ hereby covenant with the said Corporation that if any suit shall be brought touching the subject-matter of this obligation or the condition hereunder written in any competent court, the same may, at the instance of the said Corporation be removed unto, tried and determined by, the High Court to which the Court may be subordinate.
Whereas the said______________ (a) has applied to the Corporation for the renewal/consolidation/sub-division of the bond (bonds) issued by the said Corporation mentioned in the Schedule hereto.
And whereas the said Corporation have consented and agreed to accept the said application on the said
(a) __________________ (a) Principal with two good and sufficient sureties entering into and executing the above-written bond subject to the condition hereunder written:
And whereas the above bounden______________ (and) ______________ 2at the request of the said___________________ (a) has (have) agreed to become surety (sureties) for (a) and to join with the said______________ (a) in executing the above-written bond.
Now the condition of the above-written bond is such that if the above bounden_______________ (b) or each of them or their heirs, executors (b) Names of the Principal and sureties of (a) administrators or representatives or any or either of them shall from time to time and at all times hereafter effectually save, defend, keep harmless and indemnified the said Corporation from and against the claims and demands of alt persons claiming to be entitled to the bond (bonds) issued by the said Corporation mentioned in the Schedules hereto or to any interest thereon and of all other persons whomsoever in respect of the said bond (bonds) or the renewal thereof or the payment of any interest thereon and from and against all damages, losses, costs, charges and expenses which the said Corporation may sustain, incur or be liable to for or in consequence of any such claim or demand or by reason of the issue of renewed bond (bonds) as aforesaid or the payment of any interest due on the said bond (bonds) or renewed bond (bonds) then the above-written bond shall be void but otherwise the same shall remain in full force and effect.
Signed and delivered by______________
_________________________________
_________________________________
in the presence of _________________
and of____________________________
Date:
The Schedule herein referred to
|
Nature and description of
the bond |
Number |
Date of issue |
Amount |
|
|
|
|
|
______________________________________________
1. [Sic.] Shall read "rule 29(2)"
2. If there are two sureties.
