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NO.55 OF 1994
[12th September, 1994]
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 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
1 -
PRELIMINARY
1.Short title commencement
and application.- (1) This Act may be called the Airports Authority of India
Act 1994.
(2) It shall come into force on such date {11-4-1994 : vide Notification No.S.O.285(E),
dt.30-3-1995}as the Central Government may be 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 red force of the Union:
(b) all civil enlaces;
(c) all aeronautical communication stations and
(d) all training stations establishments and worships reliant to air transport
services.
2.Definitions.- In this Act unless the context otherwise requires,-
(a) 'aeronautical communication station" means station n in the aeronautical
communication service which includes aeronautical practising service aeronautical
fixed service aeronautical mobile service and aeronautical; radio communication
service:
(b) "airport means a landing and taking off area for aircraft's usually with
runways and aircraft maintenance and passenger facilities and includes accordance
as defined in clause 920 of section 2 of the aircraft Act 1934 (22 of 1934).
(c) "airstrip" means used or intended to be used for the landing and take-off
of aircraft's with short take-off and laming character 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 serve areas 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 person mail or any other thing animate or inanimate
whether such service relates to an single flight or series of flights;
(f) :appointed day" means such date as the Central Government may be notification
in he official gazette appoint for the purpose 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 sub-section (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 and comprising of any building and structure on such area;
(j) "heliport" means an area either at ground level on elevated on a structure
used or intended to be for the landing and take off of helicopter and includes
any are of parking heliports and all bulldog and structure 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 (43 of 1971).
(1) "member" means a member of the Authority and includes the Chairperson but
does not include for the purpose of sections 4,5,6 and 7 an ex officio member
referred to in clause 9b) 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 (64 of 1985);
(n) "prescribed" means prescribed by rules made under this Act;
(o) "regulations" means regulations made under this Act.
CHAPTER
II -
THE AIRPORTS AUTHORITY OF INDIA
3.Constitution and incorporation
of the authority.- (1) with effect from the appointed day the Central Government
shall by notification in the official gazette constitute 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 provision of this Act,
to acquire hold and dispose of property both movable and immovable and to contract
and shall by the said bane sue and be sued.
(3) The authority shall consist of-
(a) a Chairperson to be appointed by the Central Government;
(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 9c) of sub-section 93) may be appointed as whole-time of 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 an transport services industry commercial or financial matters or administration
and from among persons who are capable of representing organisation of workers
and consumers.
4.Disqualification for office of member.- a person shall be disqualified
for being appointed as a member it 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
(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.Term of office and conditions of service of members.- (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 he age of sixty years whichever is earlier and
(ii) every part-time member (other than the ex officio member) shall hold office
for a period of three years from the date on which he assumes office:
Provided that the Central Government –
(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 he appointment of any member who is a servant of the
Government.
(2) The other conditions of service of he members shall be such as may be prescribed.
(3) Any member may resign his office 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 that Government, such member shall be deemed
to have vacated his office.
6.Vacation of office member.- The Central Government shall remove a member
if he-
(a) becomes subject to any of the disqualification mentioned in section 4:
Provided that no member shall be removed on the ground that he has become subject
to the disqualification mentioned in clause (e) of that section, unless he has
been given a reasonable opportunity of being heard in he 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.Eligibility of member for re-appointment.- Any person ceasing to be
a member shall, unless disqualified under section 4, be eligible for re-appointment.
8.Meetings.- (1) The Authority shall meet at such times and places and
shall observe such rules of procedure in regard to the transaction of he 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 meetings
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 in
the servant of an equality of votes the Chairperson, or in his absence the person
presiding, shall have and exercise a second or casting vote.
9.Vacancies, etc., not to invalidate proceeding of the Authority.- No
Act or proceeding of the Authority shall be invalid merely be 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.Appointment of officers and other employees of the Authority.- (1)
For the purpose of enabling of efficiently to discharge its function 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 together 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.Authority to act on business principles.- In the discharge of its
functions under this Act, the Authority shall Act, so far as may be, on business
principles.
CHAPTER
III -
FUNCTIONS OF THE AUTHORITY
12.Functions of the Authority.-
(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
enlaces and the aeronautical communication stations efficiently.
(2) It shall be the duty of the Authority to provide it traffic service and
air transport service at any airport and civil enclaves.
(3) Without prejudice to the generality of the provisions contained in sub-section
(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.
(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 aircraft.
(c) Provide air safety services and search and rescue facilities in co-ordination
with other agencies;
(d) establish schools or institutions or centres for the training of its officers
and employees in regard to any matter connected with the purpose of this Act;
(e) construct residential buildings for its employees;
(f) establish and maintain hotels, restaurants and restrooms at or near the
airport;
(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 is of passengers and other persons at the airports and civil enclaves;
(i) make appropriates arrangements for watch and ward at he airports and civil
enclaves;
(j) regulate and control the playing 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 facilitates thereat;
(l) establish and manage heliports and airports;
(m) provide such transport facility as are in the opinion of the Authority necessary
to the passengers travelling by air;
(n) form one or more companies under the Companies Act, 1956 (1 of 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 exercise of any
power or the discharge of any function conferred or imposed on it 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 worships;
(r) any other activity a the airports and the civil enclaves in the best commercial
interest of he 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 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) authorising the discharged by the Authority of any law for the time being
in force or
(b) authorising 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.
CHAPTER
IV-
PROPERTY AND CONTRACT
13.Undertakings of the
International Airports Authority and the National Airports Authority to vest
in the Authority.- (1) On and from the appointed day, there shall be transferred
to and vest in the authority constituted under section 3 of the undertakings
of the International Airports Authority and the National Airports Authority.
(2) The undertakings 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 corporate
or incorporeal, present or contingent, of whatever nature and wheresoever situate
including lands, building machinery equipment works workshops cash balances
capital reserves reserve funds investments tenancies leases and book debts and
all other rights and interests arising out of such properly as were immediately
before the appointed day in the ownership possession or pour 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.General effect of vesting of undertaking in the Authority.- (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 favour of the Authority in which the
undertakings have vested by virtue of this Act and enforceable as fully and
effectual as if instead of the International Airports Authority or as the case
may be the National Airports Authority or as the case may be the National airports
the Authority had been named therein or had been a party thereto.
(2) Any proceeding suit or cause of action pending or exiling 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 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 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.Licences etc., to be deemed to have been granted to the Authority.-
With effect from the appointed day, shall all licences 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 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 of this Act.
16.Tax exemption or benefit to continue to have effect.- (1) where any
exemption from or any assessment with respect to any tax has been granted or
made or any benefit y way of set off or carry forward as the case may be or
any unabsorbed description or investment allowance or other allowance or loss
has been extended or is available Authority, under the Income-tax Act, 1961
(43 of 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 exempt from deduction of the tax at source under any provision
of the Income-tax Act, 1961 (43 of 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
relation to the authority in which the undertakings of the International Airports
Authority and the national Airports Authority have been 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 construed as a transfer within the meaning of the
Income-tax Act, 1961 (43 of 1961) for the purposes of capital gains.
17.Guarantee to be operative.- Any guarantee given for is favour on the
International Airports Authority or the National 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 have vested by virtue of this Act.
18.Provisions in respect of officers and other employees of the International
Airports Authority and the National Airports Authority.- (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 of other employee is employee 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 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 it leave passage insurance superannuating 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 nit vested in the Authority and shall
continue to do so as an officer or other employee one year from the appointed
day if such officer or other employee opt 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 the same up to a maximum period of one year.
(3) Where an officer or other employee if 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 to the Authority shall not Act or under any other law
for the time benign 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 services 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 the authority in which
the undertakings of the International Airports Authority and the National Airports
Authority have vested.
(6) The trusts of the Provident Fund and Group Insurance and Superannuating
Scheme of the International airports 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
he International Airports Authority or the National Airports Authority and tax
exemption granted to Provident fund or Group Insurance and superannuating Scheme
would continue to be applied to the Authority.
(7) After the expiry of the period of one year to 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.Compulsory acquisition of land for the Authority.- 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 he
Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894)
or any other corresponding law for the time being in force.
20.Contracts by the Authority.- 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.Mode of executing contracts on behalf of the authority.- (1) Every
contract shall, on behalf of the Authority, be made by the Chairperson or such
member or such officer of the Authority as may be generally or specially empowered
in this behalf by 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 of 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 ;ease of any such property for a term exceeding thirty years and
no other contract exceeding such value or amounts 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 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.Power the Authority
to charge fees, rent , etc.-
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 operation 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 operation" does not 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 airport
an 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 of rent from persons who are
given by the Authority any facility for carrying on any trade or businesses
t any airport heliport or airstrip.
23.Additional capital and grant to the Authority by the Central Government.-
The Central Government may after due appropriation made by Parliament any
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 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 consisted necessary for the efficient discharge by the authority of its
functions under this Act.
24.Fund of the Authority
and its investment.- (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 therefrom.
(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 authorised 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 92 , shall be-
(a) deposited in the State Bank of India or any such scheduled bank or banks
other public financial institutions subject to such conditions as may from time
to time be specified by the Central Government and
(b) invested in the securities of the Central Government or is 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 (2 of 1934).
25.Allocation of surplus funds.-(1) The Authority may from time to time
set apart such amounts as it thinks fit as a reserve 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 of for the purpose of providing
against any temporary decrease of revenue or increase of expenditure from transient
causes or for purpose 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
for one or more specific purpose, the Authority shall also have the power 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
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.Submission of programme of activities and financial estimates.- (1)
The Authority shall before the commencement of each financial year prepare a
statement to the programme of its activities during the forty coming financial
years as well as financial estimate in respect thereof.
(2) The statement prepared under sub-section (1) shall not less than unary months
before the commencement of each financial year, be submitted for approval to
the Central Government.
(3) The statement and the financial estimates of he authority may with the approval
of the Central Government be revised by the Authority.
27.Borrowing powers of the Authority.- (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 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 lay down,
the Authority may borrow temporarily by way of overdraft or otherwise such amounts
as it may required for discharging its functions under this Act.
28.Accounts and audit.- (1) The Authority shall maintain proper accounts
and other relevant records and prepare and 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.
(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
account and in particular shall have the right to demand the production of books
accounts connection vouchers, documents and papers and inspect any of the officers
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 same to be laid before both Houses of
Parliament.
CHAPTER
VI-
MISCELLANEOUS
29.Submission of annual
report.- (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.Delegation.- 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 (expect the powers under
section 42) as it may deem necessary.
31.Authentication of orders and other instruments of the authority.-
All orders and decisions of the authority shall be authenticated by the signature
of the Chairperson or any other member authorised by the authority in this behalf
and all other instruments exceeded by the authority shall be authenticated by
the signature of an officer of the authority authorised by it in this behalf.
32.Officers and employees of the authority to be public servant.- 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 thereunder be deemed to be public servants within the meaning of section
21 of the Indian Penal Code.
33.Protection of action take of good faith.- No suit, prosecution or
other legal proceeding shall lie against the authority or any member or any
officer or other employee of the authority 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 thereunder of for any damage sustained by any aircraft of vehicle on consequent
of any defect in any of the airports civil enlaces heliports airstrips aeronautical
communication stations of other things belonging to or under the control of
the authority.
34.custody and disposed of lost property.- subject to such regulations
as the authority may make in this behalf the authority shall provide securing
the safe custody and restoration of any property which while not in proper custody
is found on any premises such premises.
35.Provisions relating to income tax.- for the purposes of the Income-tax
Act, 1961 (43 of 1961) or any other enactment for the time being in force relating
to income-tax or any other tax in income profits of 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.Power of the authority to undertake certain works.- 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.Power to issue directions.- (1) The Authority or any officer specially
authorised by it in this behalf may form time to time, by order issue directions
consistent with the provisions of the aircraft Act.1934 (22 of 1934)and the
rules made thereunder, with respect to any of the matters specified in clauses
(f) (h) (I) (j) (k) (m) (p) (qq) and (r) of sub-section 92) of section 5 of
that Act, to any person or persons engaged in aircraft operations or using any
airports Heliport, or civil enclave in any case where the authority or the officer
is satisfied that in the interest of the security of India of for securing the
security of the air-craft it is necessary to do so.
(2) every direction issued under sub-section 910 shall be complied with by the
person or persons to whom such directions is issued.
(3) if any person wilfully 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 may extend to five thousand rupees or worth both.
38.Power of the Central Government to temporarily divest the Authority of
the management of any airport.- (1) If, at any time, he 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 or any airport heliport airstrip civil enclave aeronautical
communication station or any other agency or department of any airport heliport
airstrip 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 91) (hereafter referred to in this
section as the authorised person) the authority shall cease to exercise and
discharge all its powers and functions under this Act in relation n to exercise
and discharge all its powers and function under this Act in relation to such
airport heliport airstrip or aeronautical communication station of any other
agency or department thereof and such powers and function shall be exercised
and discharged by the authorised person in accordance with the instructions
of any which the Central government my give to the authorised 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 authorise
person except with the previous sanction of the Central Government.
(3) An order made under sub-section 91) shall unless resigned 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 authorities person.
Provided that the Central government extend such period for a further period
or periods not exceeding eighteen months.
(4) During the operation of an order made under sub-section (1), it shall be
competent for he Central Government to issue from to time to time, such directions
to the Authority as are necessary to enable the authorised person to exercise
the powers and discharge the function of the Authority under thrice 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 authorised 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 Caesar of operation of any made under sub-section 91) in relation
to any airport, heliport airstrip, civil enclave or aeronautical communication
station or any other agency or department thereof the authorised 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 function in accordance
with the provisions of this Act.
(6) 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 department thereof the authorised 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 authorised person in relation
to any airport, heliport airstrip, civil enclave or aeronautical communication
station or any other agency or department thereof during he period 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.Power of the Central Government to supersede the Authority.- (1) If,
at any time, the Central Government is of opinion-
(a) that on account of a gave emergency, the Authority is unable to discharge
the function 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 Authority or the administration
of any airport, heliport airstrip civil enclave or aeronautical communication
station has deteriorated or
(2) 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 those 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 sub-section (1) superseding
the Authority,-
(a) all the members shall, as from the date of suppression vacate their offices
as such;
(b) all the powers functions and duties which may, by or under the provisions
of this Act, be exercised by or on behalf of the Authority shall until the Authority
is re-constituted under sub-section (30 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 he Authority
is re-constituted under sub-section 93) vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification
issued under sub-section 91) the Central Government may-
(a) extend the period of suppression 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 9a) of sub-section (2) shall not be deemed
disqualified for appointment:
Provided that the Central Government any at any time before the expiration of
the period of supersession, whether as originally specified under sub-section
91) or as extended under this sub-section take action under clause 9b) of this
sub-section.
(4) The Central Government shall cause a notification issued under sub-section
(1) and a full report of any action taken under the section and the circumstances
leading to such action to be laid before both Houses of Parliament at the earliest
opportunity.
40.Power of the Central Government to issue directions.- (1) Without
prejudice to the foregoing provisions of this Act, the Authority shall in the
discharge or 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
93) of section 12 and the authority shall be bound o comply with such directions.
41.Power to make rules.- (1) The Central Government may by notification
in the Official Gazette make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generally 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 appointments of any part-time member of the Authority under clause (b) of
proviso to subsection (a) of sections 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 sub-section (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 sub-section (1) of section 12;
(e) the provision subject to which the Authority may manage the airports civil
enclaves and aeronautical communication stations under sub-section 91) of section
12.
(f) the manner in which the Authority may invest its funds under clause (b)
of sub-section (3) of section 24.
(g) the form in which the annual statement of accounts shall be prepared by
the Authority under sub-section 91) of section 28.
(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
91) of section 29 and
(i) any other matter which is to be or may be prescribed
42.Power to make regulations.- (1) The Authority may make regulations
not inconsistent with this Act and the rules made thereunder to provide for
all mutters for which provisions is necessary or expedient for the purpose of
giving of effect to the provisions of this Act.
(2) without prejudice to the generality of the forgoing power such regulations
may provide for
(a) the time and placed of the meeting of the Authority and the procedure to
the followed for the transaction of business including the quorum at such meetings
under sub-section 91) of section 8
(b) the conditions of service and the remuneration of officers and after employees
to be appointed by the authority under clause (e) of sub-section (3) of section
12
(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 go goods in any warehouse established by he 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 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 retroaction of lost property and the terms and conditions
under which lost property may be restored to the persons entitled thereto under
section 345;
(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;
(i) prohibiting the parking or waiting of any vehicle of carriage within the
airport of civil enclave except at places specified by the Authority;
(k) prohibiting or restricting access to any part of the airport or civil enclave;
(j) 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 property management of the airport or civil
enclave.
(3) Any regulation made under any of the clause (h) to (o) (both inclusive)
of sub-section 92) may provide that a contravention thereof shall be punishable
within 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 Ventral 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 sub-section (5) shall remain in force
until such time the Authority has made regulations and they are published in
the Official Gazette.
43.Rules and regulations to be laid before Parliament.- Every rule and
every regulation made under this Act shall be lid as soon as may be after it
is made before each House of Parliament while it is in session or in two or
more successive sessions and it before the expiry of the session immediately
following the session or the successive sessions aforesaid both Houses agree
in mailing any modification in the rule or regulation as the case may be or
both Houses agree that the rule or regulation as the case may be should not
be made the rule or regulation shall thereafter have effect only ion 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
44.Power to remove difficulties.- (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 male such provisions not
inconsistent with the provisions of this Act as appear to it to be necessary
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 91) 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 immediately following
the session or the successive sessions aforesaid both Houses agree in making
nay 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 nom effect as the case may be so however that a by such modification or
annulment shall be without prejudice to the validity of anything previously
done under that order.
45.Amendment of Act 22 of 1934.- In section 5 of the Aircraft Act, 1934
in sub-section 92)
(a) in clause (b) for the words and figures "the International Airports Authority
Act, 1971 (43 of 1971) of the National Airports Act, 1985 (64 of 1985) ", the
words and figures "the Airports Authority of India Act, 1994" shall be substituted;
(b) proviso to clause (b) shall be omitted.
46.Repeal and saving.- On and from the appointed date.-
(i) the International Airports Authority Act, 1971 (43 of 1971) and the national
Airports Authority Act.1985 (64 of 1985) shall stand repealed;
(ii) the International airports 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, the deemed to
have been done or taken under the corresponding provision of this Act.
Lawyers in India, Bare acts, Law firms in india.legal advice & leagl help, Indian lawyers directory
The Major Port Trusts Act, 1963 The Advocates Act,1961 The Advocates' Welfare Fund Act, 2001 The Parsi Marriage And Divorce Act, 1936 Industrial Disputes Act, 1947 The All India Council For Technical Education Act,1987 The Drugs And Cosmetics Act, 1940 Recovery Of Debts Due To Banks And Financial Institutions Act, 1993 Reserve Bank Of India Act, 1934 Customs Act, 1962 The Prevention Of Terrorism Act, 2002 Indian Easements Act, 1882 The Code Of Civil Procedure, 1908 The Electricity Act,1910 Monopolies And Restrictive Trade Practices Act, 1969 Indian Trusts Act, 1882 State Financial Corporations Act, 1951 Indian Contract Act, 1872 Industrial Disputes (central) Rules, 1957 The Prevention Of Corruption Act, 1988 The Indian Ports Act 1908 Water (prevention And Control Of Pollution) Rules, 1975 The Chit Funds Act, 1982 Copyright Act 1957 The Citizenship Act, 1955
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