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AIRPORTS AUTHORITY ACT OF INDIA ACT

Ministry of Law and Justice

Act nº 55 of 1994


  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VA
  • Chapter VI
  • Act nº 55 of 1994

Preamble

The Airports Authority of India Act, 1994

[Act, No. 55 of 1994]

[12th September, 1994]

PREAMBLEAn 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 stations1[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:--

1. Inserted by The Airports authority of India (Amendment) Act, 2003 (43 of 2003).


Section 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 date1as 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;

2[(aa) all private airports insofar 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.

1. 1-4-1995

2. Inserted by The Airports authority of India (Amendment) Act, 2003 (43 of 2003).


Section 2. Definitions

(a)"aeronautical communication station" means a station in theaeronautical communication service which includes aeronauticalpractising service, aeronautical fixed service, aeronautical mobileservice and aeronautical radio communication service;

(b)"airport" means a landing and taking off area foraircrafts, usually with runway and aircraft maintenance and passengerfacilities and includes aerodrome as defined in Clause (2) of Section2 of the Aircraft Act, 1934;

(c)"airstrip" means an area used or intended to be used forthe landing and take-off of aircrafts with short take-off and landingcharacteristics and includes all buildings and structure thereon orappertaining thereto;

(d)"air traffic service" includes flight information service,alerting service, air traffic advisory service, air traffic controlservice, area control service, approach control service and airportcontrol service;

(e)"air transport service" means any service, for any kind ofremuneration, whatsoever, for the transport by air of persons, mailor any other thing, animate or inanimate, whether such servicerelates to a single flight or series of flights;

(f)"appointed day" means such date as the Central Governmentmay, by notification in the Official Gazette, appoint for thepurposes of Section 3;

(g)"Authority" means the Airports Authority of Indiaconstituted under Section 3;

(h)"Chairperson" means the Chairperson of the Authorityappointed under Clause (a) of Sub-section (3) of Section 3;

(i)"civil enclave" means the area, if any, allotted at anairport belonging to any armed force of the Union, for use by personavailing of any air transports services from such airport or for thehandling of baggage or cargo by such service, and includes landcomprising of any building and structure on such area;

(j)"heliport" means an area, either at ground level orelevated on a structure, used or intended to be used for the landingand take-off of helicopters and includes any area for parkinghelicopters and all buildings and structures thereon or appertainingthereto;

(k)"International Airports Authority" means the InternationalAirports Authority of India constituted under Section 3 of theInternational Airports Authority Act, 1971;

(l)"member" means a member of the Authority and includes theChairperson, but does not include, for the purposes of sections 4, 5,6 and 7, an ex officio member referred to in clause (b) ofsub-section (3) of section 3;

(m)"National Airports Authority" means the National AirportsAuthority constituted under Section 3 of the National AirportsAuthority Act, 1985;

(n)"prescribed" means prescribed by rules made under this Act;

1 [(nn)"private airport" means an airport owned, developed ormanaged by--

(i)any person or agency other than the Authority or any State Governmentor

(ii)any person or agency jointly with the Authority or any StateGovernment or both where the share of such person or agency, asthe case may be, in the assets of the private airport is more thanfifty per cent.;]

(o)"regulations" means regulations made under this Act.

1. Insertedby The Airports authority of India (Amendment) Act, 2003 (43 of2003).


Chapter II

Section 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 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 be the said name 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 (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 or any other transport services, industry, commercial or financial matters or administration and from among persons who are capable of representing organisations of workers and consumers.

Section 4. Disqualification for office of member

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

(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 function as a member.

Section 5. Term of office and conditions of service of members

(1) Subject to the provisions of Section 6,--

(i) every part-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 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 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 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 that Government, such member shall be deemed to have vacated his office.

Section 6. Vacation of office of member

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 became subject to the disqualification mentioned in 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.

Section 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.

Section 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 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, 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.

Section 9. Vacancies, etc., not to invalidate proceedings of the Authority

No act or proceeding of the Authority shall be invalid merely 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.

Section 10. Appointment of officers and other employees of the Authority

(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 to 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.

Section 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

Section 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 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;

1[(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, instal 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 centres for the training of its officers and employees in regard to any matter connected with the purposes of this Act;

(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 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 mange heliports and airstrips;

(m) provide such transport facilities 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 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 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) authorising the disregard 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.

1 Inserted by the Airports authority of India (Amendment) Act, 2003 (43 of 2003)