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Union of India - Section

Section 42 in The Aircraft Rules, 1937

42. [ Licenses and their renewal. [Substituted by G.S.R. 1238, dated 8.9.1962. ]

- [(1) The licenses and ratings mentioned in rule 38 may be issued or renewed for any period not exceeding the period specified in rule 39-C and Schedule II in respect of each license or rating:Provided that if, on the date of application for renewal, the license or rating has expired for the periods specified below, the applicant may be required to qualify in the examinations and [skill] specified against them and such other examinations and tests as the Director-General may consider necessary to assess the applicant's competency to hold that license or rating-:-
(a) For a period exceeding 2 years but not exceeding 3 years. Test of skill and Air Regulations.
(b) For a period exceeding 3 years. All examinations and tests required for the issue of the license or rating:
Provided further that the Director-General may, before the renewal of a license or a rating, require an applicant to satisfy all or any of the requirements for the issue of license or rating of the same class, if, in the opinion of the Director-General, the competency of the applicant is below the standard required for the license or rating:[Provided also that, in case where the holder of expired Indian commercial licence is flying on a valid equivalent commercial licence issued by a Contracting State and satisfies the requirement of flying experience for renewal of Indian licence, his Indian licence, if expired beyond two years, shall be renewed after his qualifying the examinations and tests as the Director-General may consider necessary] [Inserted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)][Provided also that] [Substituted by Notification No. G.S.R. 32 (E) dated 13.1.2015 (w.e.f. 23.3.1937)] in the case of a pilot or a flight engineer, the Director--General may, when renewing a license or a rating, delete any type of aircraft entered in the aircraft rating if he is satisfied that the holder of the license does not have reasonable flying experience or does not possess the required standard of competency on that type of aircraft">Provided further that in the case of a pilot or a flight engineer, the Director--General may, when renewing a license or a rating, delete any type of aircraft entered in the aircraft rating if he is satisfied that the holder of the license does not have reasonable flying experience or does not possess the required standard of competency on that type of aircraft.]
(2)The holder of a license shall not exercise the privileges of his license without being declared fit after a fresh medical examination in the event of his having,--
(a)a sickness or injury involving incapacity for a period of fifteen days or more for the work for which he is licensed; or
(b)an injury sustained in any accident occurring during the exercise of the privileges of his license or otherwise and which is likely to cause incapacity or impair his efficiency in the discharge of his duties.
The license holder or his employer shall immediately notify all the relevant details of the sickness or injury to the Director-General.
(3)The license of a person disqualified under sub-rule (2) shall be deemed to be invalid until the holder passes a fresh medical examination.
(4)The holder of a license shall not exercise the privileges of his license during any period when he is aware that his physical condition has deteriorated below the standard required for that category of license.]