41B. [ [Flying] [Inserted by Notification No. G.S.R. 909(E), dated 27.11.2015 (w.e.f. 23.3.1937).] Training Organisation.
(1)A Flying Training Organisation (hereinafter referred to as FTO) providing training on aircraft below 5700 kgs all-up-weight shall obtain the approval of the Director-General before the students are enrolled to acquire flying experience and the level of competency required for obtaining a licence or rating specified in rule 38 and Schedule II of these rules.(2)(a)For the grant of approval under this rule, the FTO shall, in the first instance, obtain a 'No objection Certificate' by making an application in the prescribed format to the Director-General along with a fee of fifty thousand rupees.(b)The No Objection Certificate obtained under clause (a) shall be valid for a period of two years from the date of its issuance and may be extended by six months at a time on payment of a fee of twenty-five thousand rupees subject to the satisfaction of the Director-General regarding progress towards meeting the requirements of sub-rule (3).(3)(a)The FTO shall possess the requisite infrastructure, adequate facilities, qualified and trained manpower including instructors as may be specified by the Director-General and the simulator training in such organization shall be undertaken on simulator approved by the Director-General.(b)The FTO shall have a 'Training and Procedure Manual' and a 'Quality Assurance Manual' with contents as may be specified by the Director-General and both the documents shall be submitted to the Director-General for approval.(c)It shall be the duty of the FTO to provide a copy of the approved Training and Procedure Manual to its personnel for their use and guidance.(4)(a)The holder of a valid No Objection Certificate may apply to the Director-General for issuance of approval of the FTO in the prescribed format along with a fee of two lakh rupees.(b)The Director-General may, on being satisfied that all the requirements pertaining to the setting up of a FTO have been complied with, grant an approval to the FTO subject to such conditions as may be specified in the approval.(c)The approval so granted shall, unless suspended or cancelled, remain valid for a period not exceeding five years and on being satisfied with the performance of FTO during this period, the Director-General may renew the approval for a [period not exceeding five years] [Substituted for 'period of two years' by Notification No. G.S.R. 289(E), dated 08.04.2022 (w.e.f. 23.03.1937).] at a time on payment of a fee of one lakh rupees, subject to such terms and conditions as may be specified by the Director-General:[***] [Omitted 'proviso' by Notification No. G.S.R. 289(E), dated 08.04.2022 (w.e.f. 23.03.1937).](5)[ The fee shall be paid electronically in the manner as specified by the Director- General.] [Substituted by Notification No. G.S.R. 289(E), dated 08.04.2022 (w.e.f. 23.03.1937).](6)The training records of the FTO shall be maintained in a manner specified by the Director-General and shall be produced on demand to the Director-General or any other officer authorised by him in this behalf.(7)The FTO shall not impart any training which is not included in the scope of its activities and has not been duly approved by the Director-General.(8)The FTO shall have an acceptable safety management system as specified by the Director-General.(9)Upon being satisfied that, -(a)any of the conditions of the approval of the FTO has not been complied with and the failure is due to any wilful act or default on the part of the holder of such approval or by any of his employees or agents, irrespective of whether or not such wilful act or default of the employee or agent was with the knowledge or consent of the holder of the approval; or(b)the holder of the approval has failed to maintain safe, efficient and reliable training organization; or(c)the approval of the FTO was obtained by suppressing any material fact or furnishing wrong information,the Director-General may cancel the approval or suspend it for such a period as deemed fit:Provided that no such approval shall be cancelled or suspended without giving a show-cause notice in writing informing the holder of the approval the ground on which it is proposed to suspend or cancel the approval 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.(10)Notwithstanding anything contained in sub-rule (9), if the Central Government is of the opinion that in the interest of public safety it is necessary to do so, it may, for reasons to be recorded in writing, summarily suspend the approval of a FTO with a view to make further enquiry.]
