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AIRPORTS AUTHORITY OF INDIA ACT, 1994
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 [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 01: PRELIMINARY
SECTION 01: 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 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 forces of the Union; 1
(aa) all private airports insofar as it relates to providing air traffic service, to issue directions under Sec. 37 to them and for the purposes of Chapter V-A.
(b) all civil enclaves;
(c) all aeronautical communication stations; and
(d) all training stations, establishment and workshops relating to air transport services.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a)"aeronautical communication station" means a station 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 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 (22 of 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 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 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 off 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 (43 of 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 ;
(n) "prescribed" means prescribed by rules made under this Act;1
(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 02: THE AIRPORTS AUTHORITY OF INDIA
SECTION 03: 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 by 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 04: 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 functions as a member.
SECTION 05: 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 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 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 that Government, such member shall be deemed to have vacated his office.
SECTION 06: 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 become 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 07: ELIGIBILITY OF MEMBER FOR RE RE--APPOINTMENT
- Any person ceasing to be a member shall, unless disqualified under Section 4 , be eligible for reappointment.
SECTION 08: 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 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 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 03: FUNCTIONS OF THE AUTHORITY
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.
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