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The Domestic Air Transport Policy
approved by the government provides for foreign equity participation up to
49% and investment by Non-Resident Indians (NRIs) up to 100% in the domestic
air transport services. Foreign airlines are, however, not permitted to pick
up equity directly or indirectly.
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Permission to operate scheduled
services will be granted either:-
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to a citizen of India; or
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to a company or a body corporate
provided that;
a. It
is registered and has its principal place of business within India;
b. Its
Chairman and at least two-thirds of its Directors are citizens of India; and
c. Its
substantial ownership and effective control is vested in Indian nationals.
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Foreign Financial
Institutions and other entities that seek
to hold equity in the domestic air transport sector shall not have foreign
airlines as their shareholders.
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An applicant
shall be required to furnish full and detailed information with regard to
the shareholding of any airline in the foreign investing
institution/entity, if any, and composition of the Board of Directors and
senior management of the said foreign investing institution/entity.
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An applicant who
seeks permission to operate air transport services in the domestic sector
shall be required to give a declaration that no foreign airline is in
financial or commercial tie up with him or has the management/ownership
interest in him.
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While the foreign
investing institution/entity, which seeks to hold equity in the domestic
air transport sector, may have representation on the Board of Directors of
the Company, such representation shall not exceed 1/3rd of the total.
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Any Foreign
Financial Institution/entity, which seeks to make investment in the
domestic air transport sector, shall not be a subsidiary of a foreign
airline. A leasing company leasing aircraft to an operator in the domestic
air transport sector shall also not be a part of an airline. However, wet
leasing of an aircraft may be allowed from any source subject to the
fulfilment of the guidelines issued by the Government/DGCA.
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A domestic sector
air transport operator shall not have agreements such as shareholders
agreements etc. with a foreign airline, containing provisions/arrangements
empowering such foreign airlines or others on their behalf to have
effective control in the management of the domestic airline.
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A domestic air
transport operator shall not enter into an agreement with a foreign
airline, which may give such foreign airline the right to interfere in the
management of the domestic operator.
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A domestic air
transport operator may enter into financial arrangements with a bank
and/or other financial institutions for the purpose of lease finance, hire
purchase or other loan arrangements, but such a tie up shall not be
permitted with a foreign airline.
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Management
contract with a foreign airline shall also not be permitted to a domestic
air transport sector operator.
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Marketing arrangements such as
ground handling, general sales agency, code sharing, interlining will,
however, be permitted.
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A domestic air
transport sector operator will also be permitted to get maintenance,
overhaul, repair works done and training of pilots/engineers conducted
either at the facilities available with other airlines or those certified
by the Director General of Civil Aviation on such terms as may be
prescribed.
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A domestic air
transport sector operator may be permitted to employ foreign
pilots/engineers till he is able to train his own manpower. This shall,
however, be permitted with the express approval of the competent authority
and for such period and terms as may be prescribed by the said authority.
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An applicant who
seeks permission for domestic air transport operations will be required to
give a declaration that he fulfils all the requirements mentioned in the
above guidelines and in case of any change, he shall notify the competent
authority within one month of such change. In addition, the applicant will
be required to furnish such a declaration every year.
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A domestic air
transport operator, who furnishes wrong information in respect of any of
the above prescribed guidelines at any stage, shall be liable for
suspension/cancellation of his operating permit
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