1
THE AIRPORTS
AUTHORITY OF INDIA
ACT, 1994
NO. 55 OF 1994
As Amended by the Airports
Authority of India (Amendment)
Act 2003
2
THE AIRPORTS AUTHORITY OF INDIA ACT,
1994
NO. 55 OF 1994
As Amended by the Airports Authority of India
(Amendment) Act 2003
An Act to provide for the constitution of the airports
Authority of India and for the transfer and vesting of the
undertakings of the International Airports Authority of
India and the National Airports Authority to and in the
Airports Authority of India so constituted for the better
administration and cohesive management of airports
and civil enclaves whereat air transport services are
operated or are intended to be operated and of all
aeronautical communication stations
1“for the
purposes of establishing or assisting in the
establishment of airports”
*
and for matters connected
therewith or incidental thereto.
Be it enacted by Parliament in the Forty-fifth Year of the
Republic of India as follows:-
CHAPTER I
PRELIMINARY
1.
(1) This Act may be called the Airports Authority of
India Act, 1994.
(2) It shall come into force on such date as the
Central Government may, by notification in the
Official Gazette, appoint.
(3) It applies to-
(a) all airports whereat air transport services are
operated or are intended to be operated,
other than airports and airfields belonging to,
or subject to the control of, any armed force
of the Union;
1
Added by section 2 of AAI Amendment Act, 2003
3
2
“(aa) all private airports in so far as it relates
to providing air traffic service,to issue
directions under Section 37 to them and
for the purposes of Chapter VA”.
(b) all civil enclaves;
(c) all aeronautical communication stations; and
(d) all training stations, establishments and
workshops relating to air transport services.
2.
In this Act, unless the context otherwise requires,-
(a)
“aeronautical communication station” means a
station in the aeronautical communication service
which includes aeronautical practicing service,
aeronautical fixed service, aeronautical mobile
service and aeronautical radio communication
service;
(b) “airport” means a landing and taking off area for
aircrafts, usually with runways and aircraft
maintenance and passenger facilities and includes
aerodrome as defined in clause (2) of section 2 of
the Aircraft Act, 1934;
(c) “airstrip” means an area used or intended to be
used for the landing and take-off of aircrafts with
short take-off and landing characteristics and
includes all buildings and structures thereon or
appertaining thereto’
(d) “air traffic service” includes flight information
service, alerting service, air traffic advisory
service, air traffic control service, area control
service, approach control service and airport
control service;
(e) “air transport service” means any service, for any
kind of remuneration, whatsoever, for the transport
by air of persons, mail or any other thing, animate
2
Added by section 3 of AAI Amendment Act, 2003.
4
or inanimate, whether such service relates to a
single flight or series of flights;
(f) “appointed day” means such date as the Central
Government may, by notification in the Official
Gazette, appoint for the purposes of section 3;
(g) ”Authority” means the Airports Authority of India
constituted under section 3;
(h) ”Chairperson” means the Chairperson of the
Authority appointed under clause (a) of subsection
(3) of section 3;
(i) “civil enclave” means the area, if any, allotted at
an airport belonging to any armed force of the
Union, for use by persons availing of any air
transport services from such airport or for the
handling of baggage or cargo by such service, and
includes land comprising of any building and
structure on such area;
(J) “heliport” means an area, either at ground level or
elevated on a structure, used or intended to be
used for the landing and take-of of helicopters and
includes any area for parking helicopters and all
buildings and structures thereon or appertaining
thereto;
(k) “International Airports Authority” means the
International Airports Authority of India constituted
under section 3 of the International Airports
Authority Act, 1971;
(l) “member” means a member of the Authority and
includes the Chairperson, but does not include, for
the purposes of sections 4,5,6 and 7, an ex officio
member referred to in clause (b) of sub-section (3)
of section 3;
(m) “National Airports Authority” means the National
Airports Authority constituted under section 3 of
the National Airports Authority Act, 1985;
5
(n) “prescribed” means prescribed by rules made
under this Act’
3
“(nn) ‘private airport’ means an airport owned,
developed or managed by -
(i) any person or agency other than the Authority
or any State Government,
or
(ii) any person or agency jointly with the Authority
or any State Government or both where the
share of such person or agency as the case
may be in the assets of the private airport is
more than fifty per cent ”
(o) “regulations” means regulations made under this
Act.
CHAPTER II
THE AIRPORTS AUTHORITY OF INDIA
3.
(1) With effect from the appointed day, the Central
Government shall, by notification in the Official
Gazette, constitute an authority to be called the
Airports Authority of India.
(2) The Authority shall be a body corporate by the
name aforesaid having perpetual succession and
a common seal, with power, subject to the
provisions of this Act, to acquire, hold and dispose
of property both movable and immovable, and to
contract and shall by the said name sue and be
sued.
(3) The Authority shall consist of-
(a) a Chairperson to be appointed by the Central
Government;
3
Added by section 4 of AAI Amendment Act, 2003
6
(b) the Director General of Civil Aviation, or an
officer not below the rank of the Deputy
Director General of Civil Aviation, to be
appointed by the Central Government, ex
officio;
(c) not less than eight and not more than fourteen
members to be appointed by the Central
Government.
(4) The Chairperson shall be a whole-time member
and other members referred to in clause (c) of
sub-section (3) may be appointed as whole-time
or part-time members as the Central Government
may think fit.
(5) The Chairperson and the members referred to in
clause (c) of sub-section (3) shall be chosen from
among persons who have special knowledge and
experience in air transport of any other transport
services, industry, commercial or financial matters
or administration and from among persons who
are capable of representing organizations of
workers and consumers.
4.
A person shall be disqualified for being appointed as a
member if he-
(a) has been convicted and sentenced to
imprisonment for an offence, which, in the
opinion of the Central Government, involves
moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by
a competent court; or
(d) has been removed or dismissed from the
service of the Government or a body corporate
owned or controlled by the Government; or
7
(e) has in the opinion of the Central Government
such financial or other interest in the Authority
as is likely to affect prejudicially the discharge
by him of his functions as a member.
5.
(1) Subject to the provisions of section 6,--
(i) every whole-time member (other than the ex
officio member) shall hold office for a period of
five years from the date on which he assumes
office or till he attains the age of sixty years,
whichever is earlier, and
(ii) every part-time member (other than the exofficio
member) shall hold office for a period of
three years from the date on which he
assumes office:
Provided that the Central Government may—
(a) terminate the appointment of any whole-time
member, who is not a servant of the
Government, after giving him notice for a
period of not less than three months or, in lieu
thereof, on payment of an amount equal to his
salary and allowances, if any, for a period of
three months;
(b) terminate the appointment of any part-time
member who is not a servant of the
Government after giving him notice for such
period as may be prescribed; and
(c) terminate at any time the appointment of any
member who is a servant of the Government.
(2) The other conditions of service of the members
shall be such as may be prescribed.
(3) Any member may resign his office by giving notice
in writing for such period as may be prescribed to
the Central Government and, on such resignation
being notified in the Official Gazette by the
Government, such member shall be deemed to
have vacated his office.
8
6.
The Central Government shall remove a member if he—
(a) becomes subject to any of the disqualifications
mentioned in section 4:
Provided that no member shall be removed on the ground that
he has become subject to the disqualification mentioned in the
clause (e) of that section, unless he has been given a
reasonable opportunity of being heard in the matter; or
(b) refuses to act or becomes incapable of acting;
or
(c) is, without obtaining leave of absence from the
Authority, absent from three consecutive
meetings of the Authority; or
(d) in the opinion of the Central Government, has
so abused his position as to render his
continuance in office detrimental to the public
interest:
Provided that no member shall be removed under this clause
unless he has been given a reasonable opportunity of being
heard in the matter.
7.
Any person ceasing to be a member shall, unless
disqualified under section 4, be eligible for reappointment.
8.
(1) The Authority shall meet at such times and places,
and shall observe such rules of procedure in
regard to the transaction of the business at its
meetings(including the quorum at such meetings)
as may be provided by regulations.
(2) The Chairperson, or, if for any reason he is unable
to attend any meeting of the Authority, any other
member chosen by the members present at the
meeting shall preside at the meeting.
(3) All questions which come up before any meeting
of the Authority shall be decided by a majority of
the votes of the members present and voting, and,
9
in the event of an equality of votes, the
Chairperson, or in his absence, the person
presiding, shall have and exercise a second or
casting vote.
9.
No act or proceeding of the Authority shall be invalid
merely by reason of—
(a) any vacancy in, or any defect in the
constitution of, the Authority; or
(b) any defect in the appointment of a person
acting as a member of the
Authority; or
(c) any irregularity in the procedure of the
Authority not affecting the merits of the case.
10.
(1) For the purpose of enabling it efficiently to
discharge its functions under this Act, the
Authority shall, subject to the provisions of section
18 and to such rules as may be made in this
behalf, appoint (whether on deputation or
otherwise) such number of officers and other
employees as it may consider necessary:
Provided that the appointment of such category of officers, as
may be specified after consultation with the Chairperson in such
rules, shall be subject to the approval of the Central
Government.
(2) Subject to the provisions of section 18, every
officer or other employee appointed by the
Authority shall be subject to such conditions of
service and shall be entitled to such remuneration
as may be determined by regulations.
11
. In the discharge of its functions under this Act, the
Authority shall act, so far as may be, on business
principles.
10
CHAPTER III
FUNCTIONS OF THE AUTHORITY
12.
(1) Subject to the rules, if any, made by the Central
Government in this behalf, it shall be the function
of the Authority to manage the airports, the civil
enclaves and the aeronautical communication
stations efficiently.
(2) It shall be the duty of the Authority to provide air
traffic service and air transport service at any
airport and civil enclaves.
(3) Without prejudice to the generality of the
provisions contained in sub-sections (1) and (2),
the Authority may—
(a) plan, develop, construct and maintain
runways, taxiways, aprons and terminals and
ancillary buildings at the airports and civil
enclaves;
4
“(aa) establish airports, or assist in the
establishment of private airports by rendering
such technical, financial or other assistance
which the Central Government may consider
necessary for such purpose”.
(b) plan, procure, install and maintain navigational
aids, communication equipment, beacons and
ground aids at the airports and at such
locations as may be considered necessary for
safe navigation and operation of aircrafts;
(c) provide air safety services and search and
rescue, facilities in co-ordination with other
agencies;
(d) establish schools or institutions or centers for
the training of its officers and employees in
regard to any matter connected with the
purposes of this Act;
4
Added by section 5 of AAI Amendment Act, 2003
11
(e) construct residential buildings for its
employees;
(f) establish and maintain hotels, restaurants and
restrooms at or near the airports;
(g) establish warehouses and cargo complexes at
the airports for the storage or processing of
goods;
(h) arrange for postal, money exchange, insurance
and telephone facilities for the use of
passengers and other persons at the airports
and civil enclaves;
(i) make appropriate arrangements for watch and
ward at the airports and civil enclaves;
(j) regulate and control the plying of vehicles, and
the entry and exit of passengers and visitors, in
the airports and civil enclaves with due regard
to the security and protocol functions of the
Government of India;
(k) develop and provide consultancy, construction
or management services, and undertake
operations in India and abroad in relation to
airports, air-navigation services, ground aids
and safety services or any facilities thereat;
(l) establish and manage heliports and airstrips;
(m)provide such transport facility as are, in the
opinion of the Authority, necessary to the
passengers traveling by air;
(n) form one or more companies under the
Companies Act, 1956 or under any other law
relating to companies to further the efficient
discharge of the functions imposed on it by this
Act;
(o) take all such steps as may be necessary or
convenient for, or may be incidental to, the
12
exercise of any power or the discharge of any
function conferred or imposed on its by this
Act;
(p) perform any other function considered
necessary or desirable by the Central
Government for ensuring the safe and efficient
operation of aircraft to, from and across the air
space of India;
(q) establish training institutes and workshops;
(r) any other activity at the airports and the civil
enclaves in the best commercial interests of
the Authority including cargo handling, setting
up of joint ventures for the discharge of any
function assigned to the Authority.
(4) In the discharge of its functions under this section,
the Authority shall have due regard to the
development of air transport service and to the
efficiency, economy and safety of such service.
(5) Nothing contained in this section shall be
construed as-
(a) authorizing the disregard by the Authority of
any law for the time being in force; or
(b) authorizing any person to institute any
proceeding in respect of duty or liability to
which the Authority or its officers or other
employees would not otherwise be subject.
5
“12A (1) Notwithstanding anything contained in this Act,
the Authority may, in the public interest or in the
interest of better management of airports, make a
lease of the premises of an airport (including
buildings and structures thereon and appertaining
thereto) to carry out some of its functions under
section 12 as the Authority may deem fit:
5
Added by section 6 of the AAI Amendment Act, 2003
13
Provided lease shall not affect the functions of the
Authority under section 12 which relates to air traffic
service or watch and ward at airports and civil
enclaves.
(2) No lease under sub-section (1) shall be made without
the previous approval of the Central Government.
(3) Any money, payable by the lessee in terms of the
lease made under sub- section (1), shall form part
of the fund of the Authority and shall be credited
thereto as if such money is the receipt of the
Authority for all purposes of section 24.
(4) The lessee, who has been assigned any function of
the Authority under sub-section (1), shall have all the
powers of the Authority necessary for the
performance of such functions in terms of the lease”
CHAPTER IV
PROPERTY AND CONTRACT
13.
(1) On and from the appointed day, there shall
be transferred to, and vest in, the Authority
constituted under section 3, the
undertakings of the International Airports
Authority and the National Airports
Authority.
(2) The undertaking of the International
Airports Authority or the National Airports
Authority which is transferred to, and which
vests in, the Authority under sub-section (1)
shall be deemed to include all assets,
rights, powers, authorities and privileges
and all property movable and immovable,
real or personal, corporeal or incorporeal,
present or contingent, of whatever nature
and wheresoever situate, including lands,
buildings, machinery, equipments, works,
workshops, cash balances, capital,
reserves, reserve funds, investments,
14
tenancies, leases and book debts and all
other rights and interests arising out of such
property as were immediately before the
appointed day in the ownership, possession
or power of the International Airports
Authority, or as the case may be, the
National Airports Authority, in relation to its
undertaking, whether within or outside
India, all books of account and documents
relating thereto and shall also be deemed
to include all borrowings, liabilities and
obligations of whatever kind then subsisting
of the International Airports Authority, or as
the case may be, the National Airports
Authority in relation to its undertaking.
14.
(1) All contracts, agreements and working
arrangements subsisting immediately before the
appointed day and affecting the International
Airports Authority, or as the case may be, the
National Airports Authority shall, in so far as they
relate to the International Airports Authority, or as
the case may be, the National Airports Authority,
cease to have effect or be enforceable against the
International Airports Authority, or as the case
may be, the National Airports Authority and shall
be of as full force and effect against or in favor of
the Authority in which the undertakings have
vested by virtue of this Act and enforceable as
fully and effectually as if, instead of the
International Airports Authority, or as the case
may be, the National Airports Authority, the
Authority had been named therein or had been a
party thereto.
(2) Any proceeding, suit or cause of action pending or
existing immediately before the appointed day by
or against the International Airports Authority or
the National Airports Authority in relation to its
undertakings may, as from that day, be continued
and enforced by or against the Authority in which it
has vested by virtue of this Act, as it might have
been enforced by or against the International
Airports Authority or the National Airports Authority
15
if this Act had not been passed, and shall cease to
be enforceable by or against the International
Airports Authority, or as the case may be, the
National Airports Authority.
15.
With effect from the appointed day, all licenses, permits,
quotas and exemptions, granted to the International
Airports Authority or the National Airports Authority in
connection with the affairs and business of the
International Airports Authority, or as the case may be,
the National Airports Authority, under any law for the time
being in force, shall be deemed to have been granted to
the Authority in which the undertakings of the
International Airports Authority and the National Airports
Authority have vested by virtue of this Act.
16.
(1) Where any exemption from, or any assessment
with respect to, any tax has been granted or made
or any benefit by way of set off or carry forward, as
the case may be, of any unabsorbed depreciation
or investment allowance or other allowance or loss
has been extended or is available to the
International Airports Authority or the National
Airports Authority, under the Income-tax Act,
1961, such exemption, assessment or benefit
shall continue to have effect in relation to the
Authority in which the undertakings of the
International Airports Authority and the National
Airports Authority have vested by virtue of this Act.
(2) Where any payment made by the International
Airports Authority or the National Airports Authority
is exempted from deduction of the tax at source
under any provision of the Income-tax Act, 1961,
the exemption from tax will continue to be
available as if the provisions of the said Act made
applicable to the International Airports Authority or
the National Airports Authority were operative in
relation to the Authority in which the undertakings
of the International Airports Authority and the
National Airports Authority have vested by virtue
of this Act.
(3) The transfer and vesting of the undertakings or
any part thereof in terms of section 13 shall not be
16
construed as a transfer within the meaning of the
Income-tax Act, 1961 for the purposes of capital
gains.
17
Any guarantee given for or in favour of the International
Airports Authority or the National Airports Authority with
respect to any loan or lease finance shall continue to be
operative in relation to the Authority in which the
undertakings of the International Airports Authority and
the National Airports Authority have vested by virtue of
this Act.
18.
(1) (a) Every officer or other employee of the
International Airports Authority serving in its
employment immediately before the
appointed day shall, in so far as such
officer or other employee is employed in
connection with the undertaking which has
vested in the Authority by virtue of this Act,
becomes, as from the appointed day, an
officer or, as the case may be, other
employee of the International Airports
Division of the Authority.
(b) Every officer or other employee of the
National Airports Authority serving in its
employment immediately before the
appointed day shall, in so far as such
officer or other employee is employed in
connection with the undertaking which has
vested in the Authority by virtue of this Act,
becomes, as from the appointed day, an
officer or, as the case may be, other
employee of the National Airports Division
of the Authority.
(2) Every officer or other employee of the
International Airports Authority or the National
Airports Authority who becomes an officer or, as
the case may be, other employee of the Authority,
as referred to in sub-section (1), shall hold his
office or service therein by the same tenure, at the
same remuneration, upon the same terms and
conditions, with the same obligations and with the
same rights and privileges as to leave, passage,
17
insurance, superannuation scheme, provident
fund, other funds, retirement, pension, gratuity and
other benefits as he would have held under the
International Airports Authority or, as the case
may be, the National Airports Authority if its
undertaking had not vested in the Authority and
shall continue to do so as an officer or other
employee, as the case may be, of the Authority or
until the expiry of a period of one year from the
appointed day if such officer or other employee
opts not to be the officer or other employee of the
Authority within such period:
Provided that if the Authority thinks it expedient to
extend the period so fixed, it may extend the same
up to a maximum period of one year.
(3) Where an officer or other employee of the
International Airports Authority or the National
Airports Authority opts under sub-section (2) not to
be in the employment or service of the Authority in
which the undertakings of the International
Airports Authority and the National Airports
Authority have vested, such officer or other
employee shall be deemed to have resigned from
the respective cadre.
(4) Notwithstanding anything contained in the
Industrial Disputes Act, 1947 or in any other law
for the time being in force, the transfer of the
services of any officer or other employee of the
International Airports Authority or the National
Airports Authority to the Authority shall not entitle
such officer or other employee to any
compensation under this Act or under any other
law for the time being in force and no such claim
shall be entertained by any court, tribunal or other
authority.
(5) The officers and other employees who have
retired before the appointed day from the service
of the International Airports Authority or the
National Airports Authority and are entitled to any
benefits, rights or privileges shall be entitled to
receive the same benefits, rights or privileges from
18
the Authority in which the undertaking of the
International Airports Authority and the National
Airports Authority have vested.
(6) The trusts of the Provident Fund and Group
Insurance and Superannuation Scheme of the
International Airports Authority or the National
Airports Authority and any other bodies created for
the welfare of officers or employees would
continue to discharge their functions in the
Authority as was being done hitherto in the
International Airports Authority or the National
Airports and tax exemption granted to Provident
Fund or group Insurance and Superannuation
Scheme would continue to be applied to the
Authority.
(7) After the expiry of the period of one year, or the
extended period, as referred to in sub-section (2),
all the officers and other employees transferred
and appointed to the Authority, other than those
opting not to be the officers or employees of the
Authority within such period, shall be governed by
the rules and regulations made by the Authority in
respect of the service conditions of the officers
and other employees of the said Authority.
19.
Any land required by the Authority for the discharge of its
functions under this Act shall be deemed to be needed
for a public purpose and such land may be acquired for
the Authority under the provisions of the Land Acquisition
Act, 1894 or of any other corresponding law for the time
being in force.
20.
Subject to the provisions of section 21, the Authority shall
be competent to enter into and perform any contract
necessary for the discharge of its functions under this
Act.
21
. (1) Every contract shall, on behalf of the Authority, be
made by the Chairperson or such other member
or such officer of the Authority as may be
generally or specially empowered in this behalf by
19
the Authority and such contracts or class of
contracts as may be specified in the regulations
shall be sealed with the common seal of the
Authority:
Provided that no contract exceeding such value or amount as
the Central Government may, from time to time, by order, fix in
this behalf shall be made unless it has been previously
approved by the Authority:
Provided further that no contract for the acquisition or sale of
immovable property or for the lease of any such property for a
term exceeding thirty years and no other contract exceeding
such value or amount as the Central Government may, from
time to time, by order, fix in this behalf shall be made unless it
has been previously approved by the Central Government.
(2) Subject to the provisions of sub-section (1), the
form and manner in which any contract shall be
made under this Act shall be such as may be
specified by regulations.
(3) No contract which is not in accordance with the
provisions of this Act and the regulations shall be
binding on the Authority.
CHAPTER V
FINANCE,ACCOUNTS AND AUDIT
22.
The Authority may,-
(i) With the previous approval of the Central
Government, charge fees, or rent-
(a) for the landing, housing or parking of
aircraft or for any other service or facility
offered in connection with aircraft
operations at any airport, heliport or airstrip;
Explanation. - In this sub-clause “aircraft” does not include
an aircraft belonging to any armed force of
the Union and “aircraft operations” does not
20
include operations of any aircraft belonging
to the said force;
(b) for providing air traffic services, ground
safety services, aeronautical
communications and navigational aids and
meteorological services at any airports and
at any aeronautical communication station;
(c) for the amenities given to the passengers
and visitors at any airport, civil enclave,
heliport or airstrip;
(d) for the use and employment by persons of
facilities and other services provided by the
authority at any airport, civil enclave heliport
or airstrip;
(ii) with due regard to the instructions that the Central
Government may give to the authority, from time
to time, charge fees or rent from persons who are
given by the authority any facility for carrying on
any trade or business at any airport, heliport or
airstrip.
6
“22A. The Authority may, after the previous approval of the
Central Government in this behalf, levy on, and collect from,
the embarking passengers at an airport, the development
fees at the rate as may be prescribed and such fees shall be
credited to the Authority and shall be regulated and utilized
in the prescribed manner, for the purposes of-
(a) funding or financing the costs of upgradation,
expansion or development of the airport at which the
fee is collected; or
(b) establishment or development of a new airport in lieu
of the airport referred to in clause (a); or
(c) investment in the equity in respect of shares to be
subscribed by the Authority in companies engaged in
establishing, owning, developing, operating or
maintaining a private airport in lieu of the airport
6
Inserted by section 7 of the AAI Amendment Act, 2003.
21
referred to in clause (a) or advancement of loans to
such companies or other persons engaged in such
activities.
23.
The Central government may, after due appropriation
made by Parliament by law in this behalf,-
(a) provide any capital that may be required
by the Authority for the discharge of its
functions under this Act or for any
purpose connected therewith on such
terms and conditions as that
Government may determine;
(b) pay to the Authority, on such terms and
conditions as the Central Government
may determine, by way of loans or
grants such sums of money as that
Government may consider necessary for
the efficient discharge by the Authority
of its functions under this Act.
24
. (1) The Authority shall have its own fund and all
receipts of the Authority shall be credited thereto
and all payments of the authority shall be made
there from.
(2) The Authority shall have power, subject to the
provisions of this Act, to spend such sums as it
thinks fit to cover all administrative expenses of
the authority and on objects or for purposes
authorized by this Act and such sums shall be
treated as expenditure out of the fund of the
Authority.
(3) All moneys standing at the credit of the Authority
which cannot immediately be applied as provided
in sub-section (2), shall be-
(a) deposited in the State Bank of India or any
such Scheduled bank or banks or other public
financial institutions subject to such conditions
as may, from time to time, be specified by the
Central Government; and
22
(b) invested in the securities of the Central
Government or in such manner as may be
prescribed.
Explanation- In this sub-section. “Scheduled bank” has the
same meaning as in clause (e) of section 2 of the Reserve Bank
of India Act, 1934.
25
. (1) The Authority may, from time to time, set apart
such amounts as it thinks fit as a reserve fund or
funds for the purpose of expanding existing
facilities or services or creating new facilities or
services at any airport, civil enclave, heliport or
airstrip or for the purpose of providing against any
temporary decrease of revenue or increase of
expenditure from transient causes or for purposes
of replacement or for meeting expenditure arising
from loss or damage from fire, cyclone, air-crash
or other accident or for meeting any liability arising
out of any act or commission in the discharge of
its functions under this Act:
Provided that without prejudice to the right of the Authority to
establish specific reserves for one or more specific purposes,
the Authority shall also have the power to establish a general
reserve:
Provided further that the sums set apart annually in respect of
each or any of the specific and general reserves and the
aggregate at any time of such sums shall not exceed such limits
as may, from time to time, be fixed in that behalf by the Central
Government.
(2) After making provision for such reserve fund or
funds and for bad and doubtful debts, depreciation
in assets and all other matters which are usually
provided for by companies registered and
incorporated under the Companies Act, 1956, the
Authority shall pay the balance of its annual net
profits to the Central Government.
26.
(1) The Authority shall, before the commencement of
each financial year, prepare a statement of the
23
programme of its activities during the forthcoming
financial year as well as financial estimate in
respect thereof.
(2) The statement prepared under sub-section (1)
shall, not less than three months before the
commencement of each financial year, be
submitted for approval to the Central Government.
(3) The statement and the financial estimates of the
Authority may, with the approval of the Central
Government, be revised by the Authority.
27.
(1) The Authority may, with the consent of the Central
Government or in accordance with the terms of
any general or special authority given to it by the
Central Government, borrow money from any
source by the issue of bonds, debentures or such
other instruments as it may deem fit for
discharging all or any of its functions under this
Act.
(2) The Central Government may guarantee in such
manner as it thinks fit, the repayment of the
principal and the payment of interest thereon with
respect to the loans borrowed by the Authority
under sub-section (1)
(3) Subject to such limits as the Central Government
may, from time to time, lay down, the Authority
may borrow temporarily by way of overdraft or
otherwise such amounts as it may require for
discharging its functions under this Act.
28.
(1) The Authority shall maintain proper accounts and
other relevant records and prepare an annual
statement of accounts including the profit and loss
account and the balance-sheet in such form as
may be prescribed by the Central Government in
consultation with the Comptroller and Auditor-
General of India.
24
(2) The accounts of the authority shall be audited
annually by the Comptroller and Auditor-General
of India and any expenditure incurred by him in
connection with such audit shall be payable by the
Authority to the Comptroller and Auditor-General
of India.
(3) The Comptroller and Auditor-General of India and
any person appointed by him in connection with
the audit of the accounts of the Authority shall
have the same rights and privileges and authority
in connection with such audit as the Comptroller
and Auditor-General has in connection with the
audit of Government accounts and, in particular
shall have the right to demand the production of
books, accounts, connected vouchers, documents
and papers and inspect any of the offices of the
Authority.
(4) The accounts of the Authority as certified by the
Comptroller and Auditor-General of India or any
other person appointed by him in this behalf
together with the audit report thereon shall be
forwarded annually to the Central Government
and that Government shall cause the same to be
laid before both Houses of Parliament.
7
CHAPTER VA
EVICTION OF UNAUTHORISED OCCUPANTS, ETC., OF AIRPORT
PREMISES
28A. In this Chapter, unless the context otherwise requires,-
(a) “airport premises” means any premises-
(i) belonging to airport;
(ii) taken on lease for the purposes of airport;
(iii) acquired for the Authority under the provisions
of the Land Acquisition Act, 1894 or any other
corresponding law for the time being in force.
7
Added by section 8 of the AAI Amendment Act, 2003
25
Explanation. - For the removal of doubts, it is
hereby declared that for the purposes of this clause, “airport”
includes private airport;
(b) “eviction officer” means an officer of the
Authority appointed as such by it under
section 28B;
(c) “premises” means any land or building or part
of a building, and includes-
(i) the garden, grounds and outhouses, if
any, appertaining to such building or
part of a building; and
(ii) any fittings affixed to such building or
part of a building for more beneficial
enjoyment thereof;
(d) “rent”, in relation to any airport premises,
means the consideration payable periodically
for the authorised occupation of the premises,
and includes-
(i) any charge for electricity, water or any
other service in connection with the
occupation of the premises; and
(ii) any tax, by whatever name called,
payable in respect of the premises;
(e) “Tribunal” means the Airport Appellate
Tribunal established under sub-section (1) of
section 28-I;
(f) “unauthorized occupation”, in relation to any
airport premises, means the occupation by any
person of the airport premises without
authority for such occupation and includes the
continuance in occupation by any person of
the airport premises after the authority
(whether by way of grant or any other mode of
transfer) under which he was allowed to
26
occupy the premises has expired or has been
determined for any reason whatsoever.
28B. The Authority may, by general or special order in writing,
appoint such number of its officers, as it thinks fit, to be
eviction officers for the purposes of this Chapter, and
define the local limits within which, or the categories of
airport premises in respect of which, the eviction officers
shall exercise the powers conferred and perform the duties
imposed, on eviction officers by or under this Chapter.
28C. (1) If the eviction officer is of the opinion that any
persons are in unauthorised occupation of any
airport premises and that they should be evicted, the
eviction officer shall, in the manner hereinafter
provided, issue a notice in writing calling upon all
persons concerned to show cause why an order of
eviction should not be made.
(2) The notice shall-
(a) specify the grounds on which the order of
eviction is proposed to be made; and
(b) require all persons concerned, that is to say, all
persons who are or may be, in occupation of,
or claim interest in, the airport premises-
(i) to show cause, if any, against the
proposed order on or before such date
as is specified in the notice, being a date
not earlier than seven days from the date
of issue thereof, and
(ii) to appear before the eviction officer on
the date specified in the notice along
with the evidence which they intend to
produce in support of the cause shown
and also for personal hearing, if such
hearing is desired.
(3) The eviction officer shall cause the notice to be
served by having it affixed on the outer door or some
other conspicuous part of the airport premises and in
such other manner as may be prescribed, whereupon
27
the notice shall be deemed to have been duly given to
the persons concerned.
(4) Where the eviction officer knows or has reasons to
believe that any person is in occupation of the airport
premises, then, without prejudice to the provisions of
sub-section (3), he shall cause a copy of the notice to
be served on every such person by post or by
delivering or tendering it to that person or in such
other manner as may be prescribed.
28D. (1) If, after considering the cause, if any, shown by any
person in pursuance of a notice under section 28C
and any evidence produced by him in support of the
same and after personal hearing, if any, given under
sub-clause (ii) of clause (b) of sub-section (2) of
section 28C, the eviction officer is satisfied that the
airport premises are in unauthorised occupation, the
eviction officer may make an order of eviction, for
reasons to be recorded therein, directing that the
airport premises shall be vacated, on such date as
may be specified in the order, by the persons who
may be in occupation thereof, and cause a copy of
the order to be affixed on the outer door or some
other conspicuous part of the airport premises.
(2) If any person refuses or fails to comply with the order
of eviction on or before the date specified in the order
or within fifteen days of the date of publication under
sub-section (1), whichever is earlier, the eviction
officer or any other officer duly authorised by the
eviction officer in this behalf may, after the date so
specified or after the expiry of the period aforesaid,
whichever is earlier, evict that person from, and take
possession of, the airport premises and may, for that
purpose, use such force as may be necessary.
28E. (1) Where any persons have been evicted from any
airport premises under section 28D, the eviction
officer may, after giving ten days’ notice to the
persons from whom possession of the airport
premises has been taken and after publishing the
notice in at least one newspaper having circulation in
the locality, remove or cause to be removed or
28
dispose of by public auction any property remaining
on such premises.
(2) Where any property is sold under sub-section (1), the
sale proceeds thereof shall, after deducting the
expenses of the sale and the amount, if any, due to
the Central Government or the corporate authority on
account of arrears of rent or damages or costs, be
paid to such person or persons as may appear to the
eviction officer to be entitled to the same:
Provided that where the eviction officer is unable to decide as to
the person or persons to whom the balance of the amount is
payable or as to the apportionment of the same, he may refer such
dispute to the Tribunal and the decision of the Tribunal thereon
shall be final.
28F. (1) No person shall-
(a) erect or place or raise any building or any
movable or immovable structure or fixture;
(b) display or spread any goods;
(c) bring or keep any cattle or other animal,
on or against or in front of any airport premises except in
accordance with the authority (whether by way of grant or any
other mode of transfer) under which he was allowed to occupy
such airport premises.
(2) Where any building or other immovable structure or
fixture has been erected, placed or raised in any
airport premises in contravention of the provisions of
sub-section (1), the eviction officer may serve on the
person erecting such building or other structure or
fixture, a notice requiring him either to remove or
show cause why he shall not remove such building or
other structure or fixture to or from the airport
premises within such period, not being less than
seven days but not exceeding thirty days as may be
specified in the notice, and on the omission or refusal
of such person to show cause, or to remove such
building or other structure or fixture from the airport
29
premises, or where the cause shown is not, in the
opinion of the eviction officer, sufficient, the eviction
officer may, by order, remove or cause to be removed
the building or other structure or fixture from the
airport premises and the cost of such removal shall
be recoverable from such person as an arrear of land
revenue.
(3) Where any movable structure or fixture has been
erected, placed or raised, or any goods have been
displayed or spread or any cattle or other animal has
been brought or kept on any airport premises in
contravention of the provisions of sub-section (1) by
any person, the eviction officer may, by order,
remove or cause to be removed without notice, such
structure, fixture, goods, cattle or other animal, as the
case may be, from the airport premises and the cost
of such removal shall be recoverable from such
person as an arrear of land revenue.
28G. (1) Where any person is in arrears of rent payable in
respect of airport premises, the eviction officer may,
by order, require that person to pay the same within
such time and in such installments as may be
specified in the order.
(2) Where any person is, or has at any time been, in
unauthorised occupation of any airport premises, the
eviction officer may, having regard to such principles
of assessment of damages as may be prescribed,
assess the damages on account of the use and
occupation of such premises and may, by order,
require that person to pay the damages within such
time and in such installments as may be specified in
the order.
(3) While making an order under sub-section (1) or subsection
(2), the eviction officer may direct that the
arrears of rent or, as the case may be, damages shall
be payable together with simple interest at such rate
as may be prescribed.
(4) No order under sub-section (1) or sub-section (2)
shall be made against any person until after the issue
of a notice in writing to the person calling upon him
30
to show cause within such period not being less than
seven days but not exceeding thirty days as may be
specified in the notice as to why such order should
not be made, and until his objections, if any, and any
evidence he may produce in support of the same
have been considered by the eviction officer.
28H. An eviction officer shall, for the purpose of holding any
inquiry into this Chapter, have the same powers, as are
vested in a civil court under the Code of Civil Procedure,
1908, while trying a suit in respect of the following
matters, namely:-
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) requiring the discovery and production of
documents;
(c) any other matter which may be prescribed.
28I. (1) The Central Government shall, by notification in the
Official Gazette, establish a Tribunal, to be known as
the Airport Appellate Tribunal, to exercise the
jurisdiction, powers and authority conferred on it by
or under this Act.
(2) The Tribunal shall consist of a Chairperson
(hereinafter referred to in this Act, as the Chairperson
of the Tribunal).
(3) The head office of the Tribunal shall be at New Delhi:
Provided that the Tribunal may hold its sittings at other places as
the Chairperson of the Tribunal may decide, from time to time,
having taken into consideration the convenience to decide the
appeals before the Tribunal.
(4) The Chairperson of the Tribunal shall be appointed
by the Central Government after consultation with the
Chief Justice of India.
(5) A person shall not be qualified for appointment as
Chairperson of the Tribunal unless he is, or has been,
or is qualified to be, a Judge of a High Court.
31
(6) The Chairperson of the Tribunal shall hold office as
such for a term of three years from the date on which
he enters upon his office or until he attains the age of
sixty-two years, whichever is earlier.
(7) The salaries and allowances payable to, and other
terms and conditions of service of, the Chairperson
of the Tribunal shall be such as may be prescribed:
Provided that neither the salary and allowances nor other terms
and conditions of service of the Chairperson of the Tribunal shall
be varied to his disadvantage after his appointment.
28J. (1) The Chairperson of the Tribunal may, by notice in
writing under his hand addressed to the Central
Government, resign his office:
Provided that the Chairperson of the Tribunal shall, unless he is
permitted by the Central Government to relinquish his office
sooner, continue to hold office until the expiry of three months
from the date of receipt of such notice or until a person duly
appointed as his successor enters upon his office or until the
expiry of his term of office, whichever is the earliest.
(2) The Chairperson of the Tribunal shall not be removed
from his office except by an order made by the
Central Government on the ground of proved
misbehavior or incapacity after an inquiry made by a
Judge of the Supreme Court in which such
Chairperson had been informed of the charges
against him and given reasonable opportunity of
being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the
procedure for the investigation of misbehaviour or
incapacity of the Chairperson of the Tribunal.
28K. (1) Any person aggrieved by an order of the eviction
officer under the Chapter may, within fifteen days
from the date of such order, prefer an appeal to the
Tribunal in such form as may be prescribed:
Provided that the Tribunal may entertain any appeal after the
expiry of the said period of fifteen days, but not after the period of
32
thirty days from the date aforesaid it is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the
Tribunal shall, after giving the appellant and the
eviction officer an opportunity of being heard, pass
such order as it thinks fit.
(3) The Tribunal shall dispose of the appeal within thirty
days from the date of filing the appeal:
Provided that the Tribunal may, for reasons to be recorded in
writing, dispose of the appeal within a further period of fifteen
days.
(4) An order of the Tribunal passed under sub-section (2)
shall be executable as a decree of a civil court and
for executing the same the Tribunal shall send a copy
thereof to the civil court having jurisdiction which
shall execute the same, as expeditiously as may be
possible, as if such order is a decree passed by that
court.
(5) On and from the date which any jurisdiction, powers
and authority becomes exercisable under this
Chapter by the Tribunal in relation to any matter, no
court (except the Supreme Court under article 136
and the High Court under articles 226 and 227 of the
Constitution) shall have, or be entitled to exercise
any jurisdiction, powers or authority in relation to
such matter.
28L. (1) The Tribunal shall not be bound by the procedure laid
down in the Code of Civil Procedure, 1908 but shall
be guided by the principles of natural justice, and,
subject to the other provisions of this Act and of any
rules made by the Central Government, the Tribunal
shall have power to lay down and regulate its own
procedure including the fixing of places and times of
its inquiry and deciding whether to sit in public or in
private.
(2) The Tribunal shall have, for the purpose of
discharging its functions under this Chapter, the
same powers as are vested in a civil court under the
33
Code of Civil Procedure, 1908, while trying a suit in
respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) requiring the discovery and production of
documents;
(c) any other matter which may be prescribed.
(3) Any proceeding before the Tribunal shall be deemed
to be a judicial proceeding within the meaning of
sections 193 and 228, and for the purposes of section
196, of the Indian Penal Code and the Tribunal shall
be deemed to be a civil court for all the purposes of
section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973.
28M. Subject to the provisions of this Act, every order made by
an eviction officer or the Tribunal under this Chapter shall
be final and shall not be called in question in any suit,
application, execution or other proceeding and no
injunction shall be granted by any court or other authority
in respect of any action taken or intended to be taken in
pursuance of any power conferred by or under this Chapter.
28N. (1) Whoever, unlawfully occupies any airport premises,
shall be punishable with imprisonment for a term
which may extend to six years and with fine.
(2) Whoever fails to comply with any order of the
eviction officer or the Tribunal under this Chapter
shall be punishable with imprisonment for a term
which may extend to seven years and with fine.
(3) If any person who has been evicted from any airport
premises under this Chapter again occupies the
premises without authority for such occupation, he
shall be punishable with imprisonment for a term
which may extend to ten years and with fine.
(4) The court may, while convicting a person under subsection
(3), make an order for evicting that person
summarily and he shall be liable to such eviction
34
without prejudice to any other action that may be
taken under this Chapter.
28O. (1) Where any offence under this Chapter has been
committed by a company, every person who, at the
time the offence was committed, was directly in
charge of, and was responsible to, the company for
the conduct of the business of the company, as well
as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this
Chapter, if he proves that the offence was committed without his
knowledge or he has exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in subsection(
1), where an offence under this Chapter has
been committed by a company and it is proved that
the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on
the part of, any director, manager, secretary or other
officer of the company, such director, manager,
secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation - For the purposes of this section,-
(a) “company” means any body corporate and
includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in
the firm.
28P. No court shall take cognizance of any offence under this
Chapter except on a complaint made by the Authority,
eviction officer or any other officer authorised by it and no
court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offence
punishable under this Chapter.
35
28Q. If the eviction officer has reason to believe that any persons
are in an unauthorised occupation of any airport premises,
he or any other officer authorised by him in this behalf may
require those persons or any other person to furnish
information in relation to the names and other particulars of
the persons in occupation of the airport premises and every
person so required shall be bound to furnish the
information in his possession.
28R. It shall be the duty of all the officers of the Government
including police officers and any local authority to aid and
assist the eviction officer or other officers of the Authority
in the discharge of their functions under this Chapter.’
CHAPTER VI
MISCELLANEOUS
29.
(1) The Authority shall, as soon as may be after the
end of each financial year, prepare and submit to
the Central Government in such form as may be
prescribed a report giving an account of its
activities during that financial year and the report
shall also give an account of the activities which
are likely to be undertaken by the Authority during
the next financial year.
(2) The Central Government shall cause such report
to be laid before both Houses of Parliament as
soon as may be after it is submitted.
30.
The Authority may, by general or special order in writing,
delegate to the Chairperson or any other member or to
any officer of the authority, subject to such conditions
and limitations, if any, as may be specified in the order,
such of its powers and functions under this Act,( except
the powers under section 42) as it may deem necessary.,
31.
All orders and decisions of the Authority shall be
authenticated by the signature of the Chairperson or any
other member authorized by the Authority in this behalf
and all other instruments executed by the Authority shall
be authenticated by the signature of an officer of the
Authority authorized by it in this behalf.
36
32.
All officers and employees of the Authority shall, while
acting or purporting to act in pursuance of the provisions
of this Act or of any rule or regulation made there under,
be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code.
33.
No suit, prosecution or other legal proceeding shall lie
against the authority or any member or any officer or
other employee of the Authority
8or the Chairperson of
the Tribunal
for anything which is in good faith done or
intended to be done in pursuance of this Act or of any
rule or regulation made there under or for any damage
sustained by any aircraft or vehicle in consequence of
any defect in any of the airports, civil enclaves, heliports,
airstrips, aeronautical communication stations or other
things belonging to or under the control of the Authority.
34.
Subject to such regulations as the Authority may make in
this behalf, the authority shall provide for securing the
safe custody and restoration of any property which, while
not in proper custody, is found on any premises
belonging to the Authority or under its overall control or in
any aircraft on any such premises.
35.
For the purposes of the Income--tax Act, 1961 or any
other enactment for the time being in force relating to
income-tax or any other tax on income profits or gains,
the Authority shall be deemed to be a company within the
meaning of the Income-tax Act, 1961 and shall be liable
to tax accordingly on its income, profits and gains.
36.
The Authority may undertake to carry out on behalf of
any person any works or services or any class of works
or services on such terms and conditions as may be
agreed upon between the Authority and the person
concerned.
37.
(1) The Authority or any officer specially authorized by
it in this behalf may, from time to time, by order,
issue directions, consistent with the provisions of
the Aircraft Act, 1934, and the rules made there
under, with respect to any of the matters specified
in clauses (f), (h),(i),(j),(k),(m),(p),(qq) and (r) of
8
Added by section 9 of the AAI Amendment Act, 2003
37
sub-section (2) of section 5 of that Act, to any
person or persons engaged in aircraft operations
or using any airport, heliport, airstrip or civil
enclave, in any case where the Authority or the
officer is satisfied that in the interests of the
security of India or for securing the security of the
aircraft it is necessary to do so.
(2) Every direction issued under sub-section (1) shall
be complied with by the person or persons to
whom such direction is issued.
(3) If any person willfully fails to comply with any
direction issued under this section, he shall be
punishable with imprisonment for a term which
may extend to six months or with fine which may
extend to five thousand rupees, or with both.
38.
(1) If, at any time, the Central Government is of
opinion that in the public interest it is necessary or
expedient so to do, it may, by order, direct the
Authority to entrust the administration,
management or similar other functions of any
airport, heliport, airstrip, civil enclave, aeronautical
communication station, or any other agency or
department of any airport, heliport, airstrip civil
enclave or aeronautical communication station
with effect from such date and to such person as
may be specified in the order and the Authority
shall be bound to comply with such direction:
Provided that before an order is made under this sub-section
the Authority shall be given a reasonable opportunity of being
heard in the matter.
(2) Where the management of any airport, heliport,
airstrip, civil enclave or aeronautical
communication station or any other agency or
department thereof is entrusted to any person
specified under sub-section (1) (hereafter referred
to in this section as the authorized person), the
Authority shall cease to exercise and discharge all
its powers and functions under this Act in relation
to such airport, heliport, airstrip, civil enclave or
aeronautical communication station or any other
38
agency or department thereof and such powers
and functions shall be exercised and discharged
by the authorized person in accordance with the
instructions, if any, which the Central Government
may give to the authorized person from time to
time:
Provided that no such power or function as may be specified by
the Central Government by a general or special order shall be
exercised or discharged by the authorized person except with
the previous sanction of the Central Government.
(3) An order made under sub-section (1) shall, unless
rescinded, be in operation for a period of six
months from the date on which the management
of the airport, heliport, airstrip, civil enclave or
aeronautical communication station or any other
agency or department thereof is entrusted to the
authorized person:
Provided that the Central Government may extend such period
for a further period or periods not exceeding eighteen months.
(4) During the operation of an order made under subsection
(1), it shall be competent for the Central
Government to issue, from time to time, such
directions to the authority as are necessary to
enable the authorized person to exercise the
powers and discharge the functions of the
Authority under this Act in relation to the airport,
heliport, airstrip, civil enclave or aeronautical
communication station, or any other agency or
department thereof the management of which has
been entrusted to him and in particular to transfer
any sum of money from the fund of the Authority
to the authorized person for the management of
the airport, heliport, airstrip civil enclave or
aeronautical communication station or any other
agency or department thereof and every such
direction shall be complied with by the Authority.
(5) On the cesser of operation of any order made
under sub-section (1) in relation to any airport,
heliport airstrip, civil enclave or aeronautical
communication station, or any other agency or
39
department thereof the authorized person shall
cease to exercise and perform the powers and
functions of the authority under this Act in relation
to such airport, heliport, airstrip, civil enclave or
aeronautical communication station or any other
agency or department thereof and the Authority
shall continue to exercise and perform such
powers and functions in accordance with the
provisions of this Act.
(6) On the cesser or operation of any order made
under sub-section (1) in relation to any airport,
heliport, airstrip, civil enclave or aeronautical
communication station, or any other agency or
department thereof the authorized person shall
hand over to the Authority any property (including
any sum of money or other asset) remaining with
him in connection with the management of such
airport, heliport, airstrip, civil enclave or
aeronautical communication station.
(7) Anything done or any action taken lawfully by the
authorized person in relation to any airport,
heliport, airstrip, civil enclave or aeronautical
communication station or any other agency or
department thereof during the period of operation
of an order made under sub-section (1) shall be
deemed to have been done or taken by the
Authority and shall be binding on the Authority.
39.
(1) If, at any time, the Central Government is of
opinion-
(a) that on account of a grave emergency, the
Authority is unable to discharge the
functions and duties imposed on it by or
under the provisions of this Act; or
(b) that the Authority has persistently made
default in complying with any direction
issued by the Central Government under
this Act or in the discharge of the functions
and duties imposed on it by or under the
provisions of this Act and as a result of
which default the financial position of the
40
Authority or the administration of any
airport, heliport, airstrip, civil enclave or
aeronautical communication station has
deteriorated; or
(c) that circumstances exist which render it
necessary in the public interest so to do,
the Central Government may, by notification in the Official
Gazette, supersede the Authority for such period, not exceeding
six months, as may be specified in the notification:
Provided that before issuing a notification under this sub-section
for the reasons mentioned in clause (b), the Central
Government shall give a reasonable opportunity to the Authority
to show cause why it should not be superseded and shall
consider the explanations and objections, if any, of the
Authority.
(2) Upon the publication of a notification under subsection
(1) superseding the Authority,-
(a) all the members shall, as from the date of
supersession, vacate their offices as such;
(b) all the powers, functions and duties which
may, by or under the provisions of this Act,
be exercised or discharged by or on behalf
of the Authority, shall until the Authority is
re-constituted under sub-section (3), be
exercised and discharged by such person
or persons as the Central Government may
direct;
(c) all property owned or controlled by the
Authority shall, until the authority is reconstituted
under sub-section (3), vest in
the Central Government.
(3) On the expiration of the period of supersession
specified in the notification issued under subsection
(1), the Central Government may,
41
(a) extend the period of supersession for such
further term not exceeding six months, as it
may consider necessary; or
(b) re-constitute the Authority by fresh
appointment and in such case the members
who vacated their offices under clause (a)
of sub-section (2) shall not be deemed
disqualified for appointment:
Provided that the Central Government may, at any time before
the expiration of the period of supersession, whether as
originally specified under sub-section (1) or as extended under
this sub-section, take action under clause (b) of this subsection.
(4) The Central Government shall cause a notification
issued under sub-section (1) and a full report of
any action taken under this section and the
circumstances leading to such action to be laid
before both Houses of Parliament at the earliest
opportunity.
40.
(1) Without prejudice to the foregoing provisions of
this Act, the Authority shall, in the discharge of its
functions and duties under this Act, be bound by
such directions on questions of policy as the
Central Government may give in writing to it from
time to time:
Provided that the Authority shall, as far as practicable, be given
opportunity to express its views before any direction is given
under this sub-section.
(2) The decision of the Central Government whether a
question is one of policy or not shall be final.
(3) The Central Government may, from time to time,
issue directions to the Authority regarding the
discharge of any functions to it under clause (e) of
sub-section (3) of section 12 and the Authority
shall be bound to comply with such directions.
41.
(1) The Central Government may, by notification in
the Official Gazette, make rules for carrying out
42
the provisions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide
for-
(a) the period of notice as may be given by the
Central Government to terminate the
appointment of any part-time member of the
Authority under clause (b) of proviso to subsection
(1) of section 5;
(b) the conditions of service of the members of
the Authority under sub-section (2) of
section 5;
(c) the period of notice as may be given by any
member to resign his office under subsection
(3) of section 5;
(d) the provisions subject to which officers and
other employees may be appointed by the
Authority and the category of officers to be
appointed after approval of the Central
Government under the proviso to subsection
(1) of section 10;
(e) the provisions subject to which the
Authority may manage the airports, civil
enclaves and aeronautical communication
stations under sub-section (1) of section 12;
9
(ee) the rate of development fees and the
manner of regulating and utilizing the
fees under section 22A
(f) the manner in which the authority may
invest its funds under clause (b) of subsection
(3) of section 24;
(g) the form in which the annual statement of
accounts shall be prepared by the Authority
under sub-section (1) of section 28:
9
Added by section 10 (a) of the AAI Amendment Act, 2003
43
10
(gi) the other manner of serving notice
under sub-section (3) of section 28C
11
(gii) the other manner of serving notice
under sub-section (4) of section 28C
12
(giii) the principles of assessment of
damages under sub-section (2) of
section 28G
13
(giv) the rate of simple interest under subsection
(3) of section 28G
14
(gv) any other matter under clause (c) of
section 28H
15
(gvi) the salaries and allowances payable to,
and other terms and conditions of
service of, the Chairperson of the
Tribunal under sub-section (7) of section
28-I
16
(gvii) the procedure for the investigation of
misbehavior or incapacity of the
Chairperson of the Tribunal under subsection
(3) of section 28J
17
(gviii)the form of appeal under sub-section (I)
of section 28K
18
(gix) any other matter under clause (c) of subsection
(2) of section 28L
10
Added by section 10(b) of the AAI Amendment Act, 2003
11
Added by section 10(b) of the AAI Amendment Act, 2003
12
Added by section 10(b) of the AAI Amendment Act, 2003
13
Added by section 10(b) of the AAI Amendment Act, 2003
14
Added by section 10(b) of the AAI Amendment Act, 2003
15
Added by section 10(b) of the AAI Amendment Act, 2003
16
Added by section 10(b) of the AAI Amendment Act, 2003
17
Added by section 10(b) of the AAI Amendment Act, 2003
18
Added by section 10(b) of the AAI Amendment Act, 2003
44
(h) the form in which a report giving an account
of its activities shall be prepared and
submitted by the Authority to the Central
Government under sub-section (1) of
section 29; and
(i) any other matter which is to be, or may be,
prescribed.
42.
(1) The Authority may make regulations not
inconsistent with this Act and the rules made
thereunder to provide for all matters for which
provision is necessary or expedient for the
purpose of giving effect to the provisions of this
Act.
(2) Without prejudice to the generality of the foregoing
power, such regulations may provide for-
(a) the time and places of the meetings of the
Authority and the procedure to be followed
for the transaction of business including the
quorum at such meetings under subsection
(1) of section 8;
(b) the conditions of service and the
remuneration of officers and other
employees to be appointed by the Authority
under sub-section (2) of section 10;
(c) the construction of residential
accommodation for the officers and other
employees appointed by the Authority
under clause (e) of sub-section (3) of
section 12;
(d) the storage or processing of goods in any
warehouse established by the Authority
under clause (g) of sub-section (3) of
section 12 and the charging of fees for such
storage or processing;
(e) the contracts or class of contracts which are
to be sealed with the common seal of the
45
Authority and the form and manner in which
a contract may be made by the Authority
under sub-section (1) of section 21;
(f) the custody and restoration of lost property
and the terms and conditions under which
lost property may be restored to the
persons entitled thereto under section 34;
(g) the disposal of any lost property in cases
where such property is not restored;
(h) securing the safety of aircraft, vehicles and
persons using the airport or civil enclave
and preventing danger to the public arising
from the use and operation of aircraft in the
airport or civil enclave;
(i) preventing obstruction within the airport or
civil enclave for its normal functioning;
(j) prohibiting the parking or waiting of any
vehicle of carriage within the airport or civil
enclave except at places specified by the
Authority;
(k) prohibiting or restricting access to any part
of the airport or civil enclave;
(l) preserving order within the airport or civil
enclave and preventing damage to property
therein;
(m)regulating or restricting advertising within the
airport or civil enclave;
(n) requiring any person, if so directed by an
officer appointed by the Authority in this behalf,
to leave the airport or civil enclave or any
particular part of the airport or civil enclave;
and
(o) generally for the efficient and proper
management of the airport or civil enclave.
46
(3) Any regulation made under any of the
clauses (h) to (o) (both inclusive) of subsection
(2) may provide that a
contravention thereof shall be punishable
with fine which may extend to five hundred
rupees and in the case of a continuing
contravention with an additional fine which
may extend to twenty rupees for every day
during which such contravention continues
after conviction for the first such
contravention.
(4) No regulation made by the Authority under
this section shall have effect until it has
been approved by the Central Government
and published in the Official Gazette.
(5) Notwithstanding anything contained in this
section, the first regulations under this Act
shall be made by the Central Government
and shall have effect on being published in
the Official Gazette.
(6) The first regulations framed under subsection
(5) shall remain in force until such
time the Authority has made regulations
and they are published in the Official
Gazette.
43.
Every rule and every regulation made under this Act shall
be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one
session or in two or more successive sessions, and if,
before the expiry of the session immediately following the
session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or
regulation, as the case may be, or both Houses agree
that the rule or regulations, as the case may be, should
not be made, the rule or regulation shall thereafter have
effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation.
47
44.
(1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government
may, by general or special order published in the
Official Gazette, make such provisions not
inconsistent with the provisions of this Act as
appear to it to be necessary or expedient for the
removal of the difficulty:
Provided that no such order shall be made after the expiration
of one year from the commencement of this Act.
(2) Every order made under sub-section (1) shall be
laid, as soon as may be after it is made, before
each House of Parliament, while it is in session,
for a total period of thirty days which may be
comprised in one session or in two or more
successive sessions, and if, before the expiry of
the session immediately following the session or
the successive sessions aforesaid, both Houses
agree in making any modification in the order or
both Houses agree that the order should not be
made, the order shall thereafter have effect only in
such modified form or be of no effect, as the case
may be; so, however, that any such modification
or annulment shall be without prejudice to the
validity of anything previously done under that
order.
45.
In section 5 of the Aircrafts Act, 1934, in sub-section (2),-
(a) in clause (b), for the words and figures “the
International Airports Authority Act, 1971 or the
National Airports Authority Act, 1985”, the words
and figures “the Airports Authority of India Act,
1994” shall be substituted;
(b) proviso to clause (b) shall be omitted.
46.
(1) On and from the appointed date,-
(i) the International Airports Authority Act,
1971 and the National Airports Authority
Act, 1985 shall stand repealed;
48
(ii) the International Airports Authority and the
National Airports Authority constituted
under the aforesaid Acts shall cease to
exist.
(2) Notwithstanding such repeal, anything done or
any action taken or purported to have been done
or taken under the aforesaid Acts so repealed
shall, in so far as it is not inconsistent with the
provisions of this Act, be deemed to have been
done or taken under the corresponding provisions
of this Act.
A.C.C. UNNI,
Additional Secretary to the Govt. Of India.
No comments:
Post a Comment