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Requirements for grant of Operating Authorization to Foreign Airlines under Bilateral
Air Services Agreements and their scheduled operations to/from India.
1. INTRODUCTION
1.1 The bilateral Air Services Agreements between India and the foreign countries provide
that each Party shall have the right to designate an airline or airlines for the purpose of
operating the agreed services on the specified routes and to withdraw or alter such
designations. Such designations shall be made in writing and transmitted to the other Party
through diplomatic channels and shall identify whether the airline is authorized to conduct
the type of air services sought to be operated.
1.2 These Agreements further provide that upon receipt of such designation and application
from the designated airline(s) of a foreign country in the form and manner prescribed for
the purpose, the aeronautical authority of India (Directorate General of Civil Aviation) shall
grant the appropriate operating authorization provided that:
a) substantial ownership and effective control of that airline are vested in the Party
designating the airline or its nationals;
b) the designated airline is qualified to meet the conditions prescribed under the laws and
regulations normally applied to operation of international air services; and
c) the Party designating the airline is maintaining and administering the standards with
regard to safety and aviation security set forth in the bilateral Air Services Agreement.
1.3 In order to ensure that the provisions of the respective bilateral Air Services Agreement
are complied with by the airline designated for the purpose of operation of scheduled
international air services to/from India, the following requirements are laid down.
2 DESIGNATION OF AIRLINE
The airline shall be designated by the Government of the country of the airline in accordance
with the bilateral Air Services Agreement concluded between the Government of that country
and the Government of India. The designation shall be made through diplomatic channels,
clearly mentioning the relevant provision of the Air Services Agreement and/or the
Memorandum of Understanding under which the designation is made.
3. REGISTRATION ON E-GOVERNANCE OF CIVIL AVIATION PORTAL AND CREATION
OF LOGIN CREDENTIALS
3.1 An airline shall register itself on E-Governance of Civil Aviation portal (portal) for
submission of its application(s) to operate scheduled air services to/from/over India, by
creating unique login ID and password (Login Credentials) and providing following details and
documents:
a) Legal name of the airline and authenticated copy of its Incorporation certificate or
equivalent document as per their applicable national laws;
b) Details and copy of Airline’s valid Air Operator Certificate issued by the
Aeronautical Authority responsible for safety oversight of the airline;
c) Registered and foreign correspondence address of the airline along with
authenticated copy of airline’s Article of Association (AoA) or equivalent, as per
applicable national laws, containing the details of the address and the provisions
specifying the management structure as well of the airline;
Page 1 of 10d) Particulars viz. name, valid contact number, valid email etc., of airline’s Chief
Executive Officer (CEO) or equivalent along with authenticated copy of the
document in support of his/her appointment in such capacity as per airline’s by
laws or AOA, as the case may be;
e) Particulars viz. name, address, valid contact number, valid email etc., of the
person (Country Head or equivalent) responsible for all matters of airline in India
and authenticated copy of Power of Attorney (PoA) or equivalent issued in favour
of such person by the airline;
f) Particulars viz. name, address, valid contact number, valid email etc., of the Local
Representative appointed or authorized by the airline to represent it before
Directorate General of Civil Aviation (DGCA) and copy of certification / undertaking
from CEO or equivalent of the airline to the effect that Local Representative so
appointed or authorised by the airline is well conversant with the Indian laws and
regulations; and
Note. - The certificate / undertaking shall be accompanied by the attested signature of
the Airline's Local Representative in India who is authorized to represent the airline
before the aeronautical authorities of India.
g) An undertaking by the Chief Executive Officer or equivalent of the airline to the
effect that Indian laws, rules and regulations shall be complied with by the airline.
3.2 The registration of the airline on portal shall become completed upon activation of the
login credentials and thereafter the airline may create three (3) sub-user IDs, and out of these
three (3) sub-user IDs, one (1) sub-user ID shall be assigned to the Local Representative of
the airline for handling/monitoring/supervising of all operational matters of the airline.
3.3 The login credentials of the airline on eGCA portal may be activated only when it is
established that:
a) Details filled and documents uploaded on the portal are satisfactory and complete
in all aspects; and
b) Local representative demonstrates knowledge, experience and competency to
discharge his responsibility/function before a committee comprising of
representatives from the Flight Standards Directorate, Directorate of Airworthiness
and Air Transport Agreement and Regulation Division, under the chairmanship of
Joint Director General concerned.
3.4 Airline shall nominate or appoint a Local Representative to represent it before
Directorate General of Civil Aviation for all operational matters, passenger grievances etc.
3.5 The Local Representative nominated or appointed by the airline shall be:
(a) either (i) an individual who is an Indian national and a resident of India, or (ii) a
legal entity duly incorporated or registered in India; and
(b) Well conversant with applicable Indian laws, rules, regulations and basic
operational aspect of civil aviation, and familiar with those of the designating
country of the airline.
Page 2 of 10Note: In case the local representative is a legal entity, the airline shall ensure that
such entity shall nominate its employee or director/owner who is an Indian
national and resident in India.
3.6 The Local Representative nominated or appointed by the airline shall be responsible
for:
(a) maintaining records of all operational matters such as approvals, amendments,
cancellations etc., and shall provide such records to DGCA, on demand;
(b) prompt response to DGCA notices, queries, and communication(s) and report
to the CEO or the country head of the airline for effective and efficient
coordination;
(c) ensuring that all details and documents uploaded on the portal are latest and
updated at all times;
(d) compliance with all directions, instructions, and advisories issued by DGCA
from time to time; and
(e) reporting of any occurrence affecting operation of a flight(s) to DGCA at the first
available opportunity, and not later than four hour from the period/time of
occurrence, followed by submission of a detailed report within a period of two
working days of the occurrence.
3.7 The airline shall be responsible for all acts or omissions done by the local
representative in discharge of its responsibilities assigned by the airline or specified herein,
and shall immediately replace the Local Representative, if at any point of time, the airline or
DGCA observe frequent lapses in functioning or discharging responsibilities of local
representative.
3.8 In the event of resignation or termination of the existing Local representative, the airline
shall nominate or appoint a new Local Representative within a period of fifteen (15) days by
updating requisite details/particulars on the portal for acceptance. However, during the interim
period, the outgoing Local Representative shall continue to discharge its responsibilities until
the acceptance of nomination or appointment of new Local Representative by DGCA.
3.9 In unavoidable circumstance such as death or prolonged incapacitation of Local
Representative, the airline shall furnish the particulars of an interim Local Representative
within a period of seven (7) days from the occurrence of such event, and nominate or appoint
a new Local Representative and update his/her particulars on the portal within a period of
three (3) months.
3.10 Airline shall immediately notify to DGCA and update on the portal of any change in the
details of Legal Name or Address (Correspondence/Registered) or AOC of the airline, or
particulars of Chief Executive Officer, Country Head or Local Representative within a period
of fifteen (15) days of such change.
3.11 Airline is solely responsible for maintaining the confidentiality of its login credentials
and for all activities that occur under it account(s).
3.12 Airline must immediately, through its CEOs email registered on portal, report to DGCA
of any suspected unauthorized access or security breach of its account(s).
Page 3 of 104 APPLICATION FOR OPERATING AUTHORISATION
4.1 After an airline has been designated in accordance with paragraph 2 and completion of its
registration on portal, it shall submit an application for grant of Operating Authorization least
90 days prior to the proposed date of commencement of the air services.
4.2 The application shall contain the information as mentioned in Appendix 'A'.
4.3 The documents listed in Appendix 'B' shall also be uploaded with the application.
4.4 The airline may be required to furnish any additional information or documents, as
considered necessary and appropriate.
5 GRANT OF OPERATING AUTHORISATION
5.1 In order to ascertain that the application and the accompanying documents uploaded by
the airline are satisfactory and complete in all respects, an assessment shall be made by a
committee consisting of representatives from the Air Transport Agreement and Regulation
Division, Directorate of Airworthiness, Directorate of Air Safety and Flight Standards
Directorate, under the chairmanship of Joint Director General concerned. The Committee shall
also take into consideration the latest report of ICAO USOAP of the country concerned. This
process shall be coordinated by the Director of Air Transport Agreement and Regulation
Division who shall act as the nodal officer. The airline may be issued the operating
authorization only when it is established that it has satisfactorily met all the requirements laid
down for the purpose.
5.2 While granting the Operating Authorization, the Director General of Civil Aviation may
impose certain conditions and limitations, as deemed fit, so as to ensure compliance with the
Indian laws, regulations and procedures relating to the operation and navigation of aircraft.
5.3 The validity of the operating authorization shall be for a period not exceeding five (5) years.
5.4 During the currency of the operating authorization, the DGCA may require the designated
airline to furnish any information in support of the particulars/documents provided by the airline
under paragraph 4 and any other relevant information so as to satisfy itself that the airline
continues to meet all the conditions and also the requirements on the fulfillment of which the
operating authorization was granted.
5.5 The DGCA shall have the right to carry out inspection as provided in Article 16 of the
Chicago Convention and the relevant provisions of the bilateral Air Services Agreement, and
may take action, as deemed fit.
Note. - The DGCA (India) has issued AIC 5/2009 dated 29th May, 2009 laying down the
procedure for carrying out surveillance of operations by a foreign operator.
6 REVOCATION/SUSPENSION OF OPERATING AUTHORISATION
6.1 The operating authorization granted to an airline may be revoked or suspended or certain
additional conditions or limitations may be imposed in any case where:
(a) the substantial ownership and effective control of the designated airline are not vested in
the Government of the country designating the airline or its national;
(b) the designated airline has failed to comply with the Indian laws and regulations; and
(c) the standards in relation to safety or aviation security are not being properly maintained
and administered by the country of the airline.
Page 4 of 106.2 Unless immediate action is essential to prevent further non-compliance, the operating
authorization shall be revoked or suspended only after consultations with the Government
which has designated the airline.
6.3 During the currency of the Operating Authorization, if the designated airline fails to operate
scheduled air services to/from a particular airport(s) in India for four (4) consecutive IATA
traffic seasons, the Operating Authorisation granted to the airline for that specific airport(s)
shall deemed to be suspended with immediate effect. The designated airline shall submit the
application for deletion of such airport(s) from its Operating Authorisation failing which the
Operating Authorisation granted to it may be revoked or suspend.
7. AMENDMENT IN OPERATING AUTHORISATION
7.1 In event of any change in the details filled in or documents uploaded on the portal at the
time of grant of the operating authorisation, the airline shall immediately inform and submit an
application for amendment in the Operating Authorisation.
7.2 The designated airline, at any point of time during validity of Operating Authorisation, may
submit the application for inclusion of airport(s), available in the route schedule agreed under
the Air Services Agreement or MOU signed between India and the country designating the
airline, in its Operating Authorisation. DGCA may approve inclusion of such airport(s) in the
Operating Authorisation when it is established that the arrangements for maintenance of
aircraft and ground handling services at such airport(s) made by the airline are satisfactory
and the name of the airport(s) has been included in the approval granted by BCAS to the
security program of the airline.
7.3 The designated airline operating or intending to operate to/from India shall submit the
details of their aircraft(s) operating or proposed to be operated to/from India on the portal and
update the same from time to time.
8 RENEWAL OF OPERATING AUTHORISATION
For renewal of the Operating Authorization, the designated airline shall submit an application
at least 90 days prior to the date of expiry, giving all the documents/information required under
paragraph 4.
9 CODE-SHARE FLIGHTS
Certain bilateral Air Services Agreements provide for operation of code-share flights by
entering into cooperative marketing arrangements with the airline(s) of the same Party,
airline(s) of the other Party or airline(s) of a third country. In such cases, one of the designated
airlines performs the agreed services as the operating airline while other airlines(s) operate
as marketing airline(s). Both the operating as well as the marketing airline(s) are required to
obtain the operating authorisation under the respective Air Services Agreements and for this
purpose furnish the requisite information and documents.
However, the marketing airlines(s) shall not be required to submit the documents/information
with regard to the Operations Manual, details of the fleet of aircraft, approval of the Security
Programme, details of arrangement of Ground Handling Service, details of arrangement of
Maintenance of aircraft India and details of accident/incident occurred during five (5) years.
The airline may be issued the Operating Authorisation for codeshare operations as marketing
airline only when it is established that it has satisfactory met all the requirements laid down for
the same.
Page 5 of 1010 COORDINATION OF SLOTS
The designated airline shall coordinate the allocation of slots with the slot coordinator of the
respective airport and Airport Authority of India, and prepare the flight in accordance with the
approved slots.
11 FILING OF SCHEDULE
11.1 After the grant of the operating authorization and the slot clearance, the designated airline
shall file the proposed flight schedule to the Directorate General of Civil Aviation for approval.
The schedule shall be filed at least 30 days prior to the commencement of the proposed air
services, and shall contain information relating to the type of service, frequency, the type of
aircraft to be used, and flight timings etc.
11.2 The proposed flight schedule shall be filed only to/from the airport(s) for which Operating
Authorisation has been granted and for an IATA traffic season or validity of Operating
Authorisation, whichever is earlier. No operations shall be undertaken prior to obtaining such
approval.
Note: The designated airline already having valid Operating Authorisation without airport(s)
name may continue to file their schedules to/from the airports they are operating at present
until renewal of their existing Operating Authorisation.
11.3 If a designated airline, having an approved schedule for an IATA traffic season, intends
to commence scheduled air services to/from a new airport(s), it may file the proposed
supplementary schedule at least 30 days prior to the commencement of such flight(s) after
inclusion of such airport(s) in its Operating Authorisation.
11.4 The designating airline may submit an application for additional flight(s) to/from an
airport(s) for approval and DGCA may approve the same on being satisfied that:
a) the designated airline is operating scheduled flight(s) to/from such airport(s) in the said
IATA traffic season;
b) the designated airline has filed the application for the additional flight(s) at least seven
(7) working days prior to the proposed date of operation; and
c) the proposed additional flight(s) is within the traffic rights (capacity entitlements)
available under the bilateral Air Services Agreement and as per the slots cleared by
the airport operator.
11.5 The designated airline while filing its application for approval of schedule/additional
flight(s)/supplementary schedule or revisions therein, shall comply with AIC 02/2017–
Guidelines on Avoiding Confusing/Similar Call-Signs by Airline Operators, as amended from
time to time.
12 AMENDMENT IN APPROVED SCHEDULE/SUPPLEMETARY SCHEDULE/
ADDITIONAL FLIGHT
12.1 The designated airline shall operate scheduled flights to/from India in accordance with
the approved schedule.
12.2 The application for revision in the approved schedule/flight(s) shall be filed at least three
(3) working days prior to the date of operation of such flight(s). The application for revision
filed with less than three (3) working days shall be summarily rejected.
Page 6 of 1012.3 Notwithstanding anything contained under para 12.2 the designated airline may not
require prior approval of Directorate General of Civil Aviation where an approved flight is
delayed from its original scheduled time due to the circumstances beyond the control of the
airline and is being operated within a period of 48 hours suffixing ‘D’ to the call sign. However,
in case of more than 48 hour delay, the approval shall be obtained from the Directorate
General of Civil Aviation for operation on revised timings.
12.4 Directorate General of Civil Aviation may consider the request for revision in the
approved flight(s) on shorter notice subject to submission of detailed reason along with
supporting documentary evidence, where the revision is necessitated due to unforeseen
circumstances which are beyond the control of airline such as:
a) diversion in the approved flight route due to an in-flight emergency, adverse weather
conditions and sudden en-route airspace closure;
b) revision in approved flight due to Aircraft on Ground (AOG) situations; or
c) any other operational exigency causing inconvenience to passengers and not
directly or indirectly attributed to the planning of operations by the airline.
12.5 An approved flight(s) may be operated with changed route, timings, flight number,
without seeking prior approval of Directorate General of Civil Aviation where such change is
necessitated due to the circumstances mentioned under para 12.4 occurred beyond office
hours or on holidays subject to the following condition(s):
(i) prior intimation in writing to Directorate General of Civil Aviation is given;
(ii) requisite permission(s), if any, from the airport of departure, destination and transit,
as the case may be, have been obtained; and
(iii) necessary updates are made on the portal, and Directorate General of Civil Aviation
is informed in writing at the earliest opportunity not later than the next working day,
clearly stating the circumstances necessitating such revision in the approved flight
details.
12.6 The designated airline may not require prior approval of DGCA to operate relief flight or
approved flight with change of aircraft due to occurrence of AOG situation of approved aircraft
beyond office hours or on holidays, subject to compliance with the following conditions.
i) prior intimation in writing to Directorate General of Civil Aviation for operation of
relief /ferry flight or operation with change of aircraft;
ii) an undertaking confirming that relief flight or operation with change of aircraft, as
the case may be, is for the purpose of uplifting stranded passengers of the AOG
aircraft;
iii) No additional traffic right is exercised in excess to the traffic rights being utilized
with the operation of AOG aircraft; and
iv) passenger manifest shall be submitted to DGCA within twenty-four (24) hours or
by the next working day, whichever is earlier.
12.7 For operation of flight(s) under the circumstances referred to in Para 12.5 and 12.6,
the Air Traffic Control (ATC) of the concerned airport is hereby authorised to permit such
flight(s), provided that the designated airline shall coordinate in advance with the concerned
ATC unit, before departure/arrival.
Page 7 of 1013 CANCELLATION IN APPROVED SCHEDULE/SUPPLEMETARY SCHEDULE/
ADDITIONAL FLIGHT
In case the airline is unable to operate an approved schedule flight(s), the designated airline
shall file a request for cancellation of such flight(s) on the portal within seventy-two (72) hours
of the scheduled time of operation.
14 COMPLIANCE WITH BILATERAL AIR SERVICES AGREEMENT AND OTHER
CONDITIONS
14.1 Notwithstanding the provisions contained in the preceding paragraphs the designated
airline(s) shall, at all times, ensure and demonstrate continued compliance with the conditions
of the operating authorization, the provisions of the respective applicable bilateral Air Services
Agreement, the approved schedule/flight(s), and continued availability of Local
Representative.
14.2 Airline shall submit its response to the shortfall raised at the earliest, not later than 90
days, failing which the application shall be rejected automatically.
15 PASSENGER GRIEVANCE REDRESSAL MECHANISM (PGRM)
15.1 The airline shall be responsible for establishing and maintaining an effective Passenger
Grievance Redressal Mechanism (PGRM) and shall ensure that all passenger complaints,
disputes, or operational discrepancies are addressed promptly, fairly, and transparently.
15.2 The Local Representative nominated or appointed by the airline shall act as the sole point
of contact for the DGCA for matters pertaining to passenger grievances.
15.3 The designated airline shall ensure that a grievance register is maintained, capturing all
complaints, their status, and resolution timelines. Periodic reports from the register shall be
submitted to the DGCA, on demand.
16 Coming into Force
This AIC shall come into force with effect from the date of issue.
Page 8 of 10Appendix ‘A’
Details of the information to be provided along-with the application for grant of
Operating Authorisation
(i) Legal name of the airline as well as the business name, if any, under which operations are
proposed to be undertaken;
(ii) Names and nationalities of the Board of Directors of the airline;
(iii) Postal address (including Telephone No., Fax No. and e-mail Id) of the airline's
Headquarters;
(iv) The title and postal address (including Telephone No., Fax No, and e-mail id) of the
airworthiness, licensing and accident investigation authorities in respect of the airline;
(v) The details of fleet of aircraft along with their registration particulars, indicating whether
owned by the airline or taken on lease;
Note:- In case of operations with leased aircraft, the requirements contained in AIC
5/2008 shall be complied with.
vi) The details of the accidents/incidents, during the last five years, along with undertaking of
CEO or equivalent;
vii) The complete details of the arrangements made for maintenance of aircraft while in India;
and
viii) The details of the arrangements made for provision of ground handling services at the
destination/alternate airports in India.
Page 9 of 10Appendix B
List of the Documents to be Provided Along with the Application for Grant of Operating
Authorization
(i) A copy of the letter of designation duly accepted by the Government of India;
(ii) A copy of the instrument relating to the incorporation of the airline, including the details
about equity participation;
(iii) Copy of supporting document(s) with respect to the appointment of Board of Director(s) of
the airline, along with their proof of Nationality;
(iv) A copy of the valid Air Operator Certificate or equivalent document alongwith the Operation
Specifications authorizing the airline to operate scheduled international air services, issued by
the country designating the airline;
(v) Copies of certificate of registration, certificate of airworthiness, etc, of fleet of aircraft;
(vi) A Copy of updated Operations Manual of the airline, along-with current approval granted
by the competent authority;
(vii) A Copy of the approval granted by the Bureau of Civil Aviation Security (India) to the
Security Programme of the airline;
Note: A detailed Security Programme shall be prepared in accordance with the
provisions contained in Annex 17 to the Convention on International Civil Aviation, the
ICAO Security Manual (Doc. 8973) and instructions issued by the BCAS and filed with
the Bureau of Civil Aviation Security (India) for approval.
(viii) An undertaking by the Chief Executive Officer or equivalent of the airline to the effect that
Indian laws, rules, regulations, and requirements shall be complied with by the designated
airline; and
(ix) A certificate by the Chief Executive Officer or equivalent to the effect that local
representative(s) of the airline is/are conversant with Indian laws and regulations.
Note.- a) The certificate shall be accompanied by the attested signature of the
airline's representative(s) in India who are authorized to represent the airline
before the aeronautical authorities of India.
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