39A. [ Disqualification from holding or obtaining a license. [Inserted by G.S.R. 1238, dated 8.9.1962.]
(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] [Inserted by G.S.R. 218, dated 13.3.1991.](e)[ has obtained the license, 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] [Substituted by G.S.R. 485(E), dated 28.6.2001 (w.e.f. 28.6.2001).](f)[ has unauthorisedly varied or tempered with the particulars entered in a license or rating,] [Inserted by G.S.R. 485(E), dated 28.6.2001 (w.e.f. 28.6.2001).]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 license.(2)The Central Government may debar a person permanently or temporarily from holding [any license or rating mentioned in] [Substituted by G.S.R. 485(E), dated 28.6.2001 (w.e.f. 28.6.2001).] 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 license, shall forthwith surrender his license to the licensing authority, if the license has not already been surrendered. The licensing authority shall keep the license until 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.]
