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Core Purpose

This notification publishes draft rules for Radio Telephone Operator (Restricted) Certificate and Licence under the Bharatiya Vayuyan Adhiniyam, 2024.

Detailed Summary

The draft rules, titled the Radio Telephone Operator (Restricted) Certificate and Licence Rules, 2025, detail regulations for obtaining and maintaining this certification. They specify eligibility criteria including age (minimum 16 years) and educational qualification (Class Ten pass). The rules outline a two-stage examination process: written and practical, with defined syllabus and fees. It specifies the validity of the certificate and licence up to eighty years of age, with potential extension. The operational scope is defined for maritime and aeronautical mobile services, including power limits and frequency stability for transmitters. Procedures for application, issuance, renewal, duplicate issuance, suspension, cancellation, and appeals are detailed, along with penalties for violations. The Director-General of Civil Aviation is empowered to issue directions and delegate authority under these rules.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-06022025-260756 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 77] NEW DELHI, MONDAY, FEBRUARY 3, 2025/MAGHA 14, 1946 MINISTRY OF CIVIL AVIATION NOTIFICATION New Delhi, the 3rd February, 2025 G.S.R. 110(E). -The following draft of certain rules, which the Central Government proposes to make in exercise of the powers conferred by Sections 10, 11,19, 20, Sub-section (4) of Section 25, Sections 30 and 33 of the Bharatiya Vayuyan Adhiniyam, 2024 (16 of 2024), is hereby published as required by section 34 of the said Act, for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules will be taken into consideration after a period of fifteen days from the date on which copies of the Gazette of India, in which this notification is published, are made available to the public; Objections or suggestions, if any, may be addressed to the Director-General of Civil Aviation, Opposite Safdarjung Airport, New Delhi-110003 or mailed to dgoffice.dgca@nic.in; Any objection or suggestion which may be received from any person with respect to the said draft rules before the expiry of the period specified above will be considered by the Central Government. Draft Rules 1. Short title and commencement.— (1) These rules may be called the Radio Telephone Operator (Restricted) Certificate and Licence Rules, 2025. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. In these rules, unless the context otherwise requires, — 1. "Certificate and Licence” means Radio Telephone Operator (Restricted) Certificate and Licence; 2. "Director-General" means Director-General of Civil Aviation; 3. "ITU Convention” means the International Telecommunication Convention, (Malaga-Torremolinos 1973) for the time being in force including the Telegraph Regulations, the Radio Regulations, and the Additional Radio, Regulations made there under but does not include any portion of the said Convention or the said Regulations in respect of which the Central Government may, from time to time, make any reservations; 4. "Specified by the Director-General" means the directions issued by the Director-General under rule 20 and placed in public domain on the website of the Directorate General of Civil Aviation; 3. Operation of radio-telephone apparatus. No person shall operate or allow to operate a radio transmitting apparatus unless he holds a valid Radio Telephone Operator (Restricted) certificate and licence. 4. Licensing Authority. The authority by which the Radio Telephone Operator (Restricted) Certificate and Licence may be granted or extended shall be the Central Government, which may withhold the grant or extension of a certificate and licence, for any reason it considers it desirable to do so. 5. Delegation of Powers. (1) Any power or duty conferred or imposed by these rules on the Central Government may be exercised or discharged by the Central Government or by any other officer empowered by it in that behalf; (2) Any power or duty conferred or imposed by these rules on the Director-General may be exercised or discharged by the Director-General or by any other officer empowered by the Central Government in that behalf. 6. Issuance of Radio Telephone Operator (Restricted) Certificate and Licence. The Central Government may grant Radio Telephone Operator (Restricted) Certificate and Licence to persons who meet the requirements specified in these rules. 7. Eligibility for appearing in Radio Telephone Operator (Restricted) Certificate and Licence examination. No person shall be eligible for appearing in an examination under these rules for the grant of a Radio Telephone Operator (Restricted) Certificate and Licence unless the applicant: (i) has attained the age of sixteen years on the date of application; (ii) has passed Class Ten or its equivalent examination from a recognised Board. Provided that an applicant who fails in the examination under these rules shall not be permitted to appear for re-examination within a period of six weeks from the date of examination: Provided further that if the applicant is not a Citizen of India, security clearance shall be obtained from the Government of India. 8. Application. - An application for appearing in an examination for the grant of a Radio Telephone Operator (Restricted) Certificate and Licence shall be made to the Director-General in the form and manner as prescribed by the Director General. 9. Examinations. (1) The examination for the grant of a Radio Telephone Operator (Restricted) Certificate and Licence shall be held in the form and manner as specified by the Director-General. (2) The Director-General may conduct examination specified in these rules, may fix examination centres within India, appoint invigilators, and lay down the procedure for conducting the examinations. (3) The Director-General may authorise Examiners meeting the requirements as specified by the Director- General for carrying out the practical examination required under these rules. (4) The Radio Telephone Operator (Restricted) Certificate and Licence examination shall consist of: (a) Written examination (b) Practical examination Provided that no applicant shall be eligible to appear in the practical examination unless he has passed the written examination: Provided further that the Director General may exempt the following applicants from the written examination: (a) A qualified pilot from the Indian Air Force, Indian Navy or Indian Army or Indian Coast Guard who produces satisfactory evidence to show that he possesses the necessary flying experience and competency as specified by the Director-General. (b) A person holding a valid Radio Telephone Operator's (Restricted) Certificate and Licence issued prior to the commencement of these rules. (c) A person holding valid Flight Radio Telephone Operator's Licence or its equivalent issued by Commonwealth countries or Philippines. Provided also that in case a certificate and licence granted before the commencement of these rules has been suspended or in case of pendency of any proceeding connected with such certificate and licence, the holder of such certificate and licence shall not be eligible for appearing in the examinations until the expiry of suspension period. (5) Syllabus: The syllabus for the examination will be as follows: (i) Written examination covering regulation and procedure, radio principles and practice, and radio telephony as per the syllabus prescribed by the Director-General. (ii) Practical examination consisting of a practical test of radio telephony conducted over simulated environment. The applicant will be required to: (a) use phonetic alphabets and general procedure of radio-telephone working; (b) carry out communications associated with mobile and/or base stations. Explanation. - Typical examples of what the applicant is expected to carry out is: Preparation of messages for transmission, exchange of traffic, use of priorities, obtaining meteorological information, position report, distress, urgency etc. (6) An applicant for the grant of Radio Telephone Operator (Restricted) Certificate and Licence shall have passed the practical examination within three years from the date of passing of written examination: Provided that the applicant or a person exempted from appearing in the written examination under sub-rule (3) of rule 8 shall not be permitted to appear in the practical examination for more than three attempts. Such applicant or person failing to pass in the practical examination during the three attempts shall be required to pass the written examination prior to being allowed to appear in subsequent practical examinations. 10. Fee and other Charges. — (1) The following fee shall be payable for the grant of Radio Telephone Operator (Restricted) Certificate and Licence: (a) Written Examination: Rs. 2500/- per examination. (b) Practical Examination: Rs. 5000/- per examination. (2) The fee for issuance of duplicate certificate and licence shall be rupees five hundred. (3) The fee shall be paid electronically in the manner as specified by the Director-General. 11. Requirements for issue of Certificate and Licence. An applicant for Radio Telephone Operator (Restricted) Certificate and Licence shall satisfy the following requirements: (i) Age the applicant shall be not less than sixteen years of age on the date of application. (ii) Educational Qualification— He shall have passed Class Ten or its equivalent examination from a recognised Board. (iii) Knowledge He shall have passed examinations as provided under rule 9 of these rules. 12. Validity of Certificate and Licence. (1) The Radio Telephone Operator (Restricted) Certificate and Licence granted under these rules, unless suspended or cancelled, shall remain valid till the holder attains the age of eighty years: Provided that a certificate and licence may be extended beyond the age of eighty years subject to the holder fulfilling the requirements as specified by the Director-General. Explanation. Certificate and Licence existing on the day of commencement of these rules shall continue to be valid till its expiry and the holder may be granted certificate and licence under these rules subject to the holder passing the practical examination as provided under rule 9 of these rules. 13. Scope of Authority to operate. Holder of a Radio Telephone Operator (Restricted) Certificate and Licence may, subject to fulfilling conditions as specified by the Central Government, operate mobile stations as following: (i) carry out the radiotelephone service of any aircraft station, when working on frequencies of the maritime mobile service, provided that: (a) the peak envelope power of the transmitter does not exceed 200 watts, or (b) the operation of the transmitter requires only the use of simple external switching devices, excluding all manual adjustment of frequency determining elements, with the stability of the frequencies maintained by the transmitter itself within the limit of tolerance specified by Radio Regulations and the peak envelope power of the transmitter does not exceed 1.5 kilowatts. (ii) carry out the radiotelephone service of any aircraft station operating on frequencies allocated exclusively to the aeronautical mobile service, provided that the operation of the transmitter requires only the use of simple external switching devices, excluding all manual adjustment of frequency determining elements, and that the stability of the frequencies is maintained by the transmitter itself within the limits of tolerance specified by the Radio Regulations. 14. Production of certificate and licence. Any certificate and licence required to be maintained under these rules shall, on demand for the purpose of inspection, by any officer of the Directorate General of Civil Aviation, or any other person authorised by the Central Government by special or general order in writing in this behalf, be produced by the licensee. 15. Issue of duplicate or variation in a certificate and licence. (1) A holder whose certificate and licence has been lost, mutilated or destroyed shall inform the same to the Director-General. 2. An application for issue of duplicate certificate and licence or variation in an existing certificate and licence shall be made to the Director-General in the form and manner as specified by the Director-General. 16. Disqualification from holding or obtaining a certificate and license. (1) Where the licensing authority is satisfied, after giving him an opportunity of being heard, that any person- (a) has obtained the certificate and licence or is in the process of obtaining certificate and licence, by suppression of material information or on basis of wrong information or impersonation; or (b) has unauthorizedly varied or tampered with the particulars entered in a certificate and licence, the licensing authority may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period from holding a certificate and licence or from obtaining a certificate and licence under these rules. (2) The Central Government may debar a person permanently or temporarily from holding any certificate and licence mentioned in these rules if in its opinion it is necessary to do so in public interest. (3) Upon the issue of any order under sub-rule (1) or (2), the person affected, if he is the holder of a certificate and licence, shall forthwith surrender his certificate and licence to the licensing authority, if the certificate and licence has not already been surrendered. 17. Cancellation or suspension of certificate and licence. (1) Where the licensing authority is satisfied, after giving him an opportunity of being heard, that any person (a) has contravened or failed to comply with these rules or any direction issued under rule 20; or (b) had adopted unfair means during the examination, found guilty of impersonation or of submitting fabricated documents or documents which have been tampered with or of making statements which are incorrect or false or of suppressing material information; or (c) has fraudulently lend the certificate and licence issued under these rules or allow it to be used by any other person. for reasons to be recorded in writing, may suspend or cancel any certificate and licence, and may require the holder to surrender the same for cancellation or suspension. (2) The Central Government is satisfied that there is sufficient ground for doing so may suspend or cancel any certificate and licence if in its opinion it is necessary to do so in the public interest. (3) The Central Government may require the holder of any certificate and licence granted under these rules, to surrender the same to it for cancellation or suspension and any person failing to comply with any such requirement within a reasonable time shall be deemed to have acted in contravention of these rules. NOTE.- The decision of the Central Government as to whether any ground constitutes sufficient ground for suspension of any certificate and licence in the public interest under the foregoing sub-rule shall be final and binding. 18. Appeals. — (1) Any person, aggrieved by an order passed by an officer in exercise of the powers conferred on him by these rules, may prefer appeals in accordance with the provisions of the section 33 of the Bharatiya Vayuyan Adhiniyam, 2024; (2) The form and manner of the appeal and requisite documents for such appeal may be as specified by the Director-General. (3) The fees for appeal shall be one thousand rupees and shall be paid electronically in the manner as specified by the Director-General. 19. Offences and Compounding. — (1) Any person who has breached rule 3 shall be punishable with imprisonment which may extend to two years, or fine which may extend to one crore rupees. (2) Offence punishable under sub-rule (1) may be compounded by the Director-General or any officer specially empowered in that behalf and amount for compounding of such offence, in case of an individual shall be one lakh rupees and in case of an organisation shall be five lakh rupees. 20. Directions by Director-General. (1) The Director-General through publication entitled Civil Aviation Requirements, issue special directions not inconsistent with the Bharatiya Vayuyan Adhiniyam, 2024 or these rules, relating to the examination, grant and extension of Radio Telephone Operator (Restricted) Certificate and Licence to persons for engaging in the operation of radio telephone or telegraph for the conduct of operation and maintenance of aircraft and associated equipment. (2) The Civil Aviation Requirements under sub-rule (1) shall be issued after placing the draft on the website of the Directorate General of Civil Aviation for a period of fifteen days for inviting objections and suggestions from all persons likely to be affected thereby: Provided the Director-General may, in the public interest and by order in writing, dispense with the requirements of inviting such objections and suggestions or reduce the period for submitting such objections and suggestions. (3) Every direction issued under sub-rule (1) shall be complied with by the person or persons to whom such direction is issued. (4) The Director-General may, by general or special order in writing, exempt any person or class of persons from the operation of these rules or the directions given in the publication entitled Civil Aviation Requirements under this rule, either wholly or partially, subject to such conditions, if any, as may be specified in such order. 21. Saving of Certificate and Licence issued under the earlier rules. — (1) Nothing in these rules shall affect the operation of Radio Telephone Operator (Restricted) Certificate and Licence which has been granted under any other rule for the time being in force prior to the commencement of these rules. (2) Nothing in these rules shall affect the operation of Radio Telephone Operator (Restricted) Certificate and Licence which has been granted under any other rule for the time being in force till a date which shall be notified by the Central Government after commencement of these rules. [F. No. AV/25/2023-D G] SHOBHIT GUPTA, Jt. Secy

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