INDIA Law and Practice Contributed by: Nitin Sarin and Vistasp Irani, Sarin & Co
• the registration has been obtained by furnishing false information; • the aircraft could more suitably be registered in some other country; • the lease in respect of the aircraft has been termi - nated in accordance with the terms of the lease agreement; • the certificate of airworthiness in respect of the air - craft has expired for a period of five years or more; • the aircraft has been destroyed or permanently withdrawn from use; or • it is inexpedient in terms of the public interest that the aircraft should remain registered in India. Lessee/Operator or Foreign Lessor/Owner The lessee/operator or foreign lessor/owner may apply to the DGCA for the deregistration of an aircraft where the lease in respect of the aircraft has expired or has been terminated in accordance with the terms of the lease. The applicant would have to approach the DGCA with a written application requesting dereg - istration and the reason for such a request. The con - sent of all the parties named on the certificate of reg - istration should also be enclosed. IDERA Holder An IDERA holder or their authorised signatory or certi - fied designee is required to lodge an IDERA with the DGCA as per the extant guidelines. An IDERA holder may also apply to the DGCA for the deregistration of the aircraft in light of the Cape Town Convention and Aircraft Protocol. The IDERA holder would have to approach the DGCA with an application as prescribed under Aeronautical Information Circular (AIC) 12 of 2018 issued by the DGCA. 2.8.2 Lessee’s/Operator’s Consent The consent of the lessee or operator is required in all situations, except when an IDERA holder or its certi - fied designee applies to the DGCA for deregistration, annexing the original or notarised IDERA. 2.8.3 Required Documentation If deregistration is sought under an IDERA, the IDERA holder or its certified designee must submit an appli -
cation form as per AIC 12 of 2018, annexing the origi - nal or notarised copy of the IDERA. The IDERA holder or its certified designee must also provide evidence that all international interests ranking in priority to that of the IDERA holder in relation to the aircraft have been discharged or, alternatively, provide the consent of the entity named as the priority interest holder in the aircraft as per the International Registry. Alternatively, when deregistration is not sought under the IDERA route, the owner, mortgagee or lessor must apply to the DGCA annexing the original “no objec - tion” letters from each of the entities named on the aircraft’s certificate of registration. The DGCA always has the power to request any additional documenta - tion that it may deem necessary during the scrutiny of an application for deregistration. 2.8.4 Duration of Deregistration Process Deregistration under the IDERA route as per AIC 12 of 2018 and Rule 30 (7) of the Aircraft Rules, 1937 shall be carried out within five working days from the date of receipt of the application from the IDERA holder or its certified designee. However, in recent experience, the DGCA has taken closer to 28 days to deregister certain aircraft. Deregistration under any other method may take anywhere from one to four weeks, assum- ing the DGCA does not request any additional docu - ments, which may be sought on a case-by-case basis. 2.8.5 Aviation Authority’s Assurances There is no precedent of the DGCA providing advance assurances to an aircraft owner, mortgagee or lessor regarding the prompt deregistration of an aircraft. 2.8.6 Costs, Fees and Taxes Relating to Deregistration No fees or taxes are chargeable in respect of the deregistration of an aircraft. Costs are also minimal. 2.8.7 Deregistration Power of Attorney A deregistration power of attorney should satisfy the general principles of powers of attorney – ie, it should not confer any power that the issuer itself does not possess. Furthermore, a power of attorney must be executed on Indian stamp paper and attest - ed by a notary public. It is also recommended that it be executed in English or any language the grantor
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