SectionsParticulars
Chapter IPreliminary
1Short title, commencement and application
1.     This Act may be called the Airports Economic Regulatory Authority of India Act, 2008.2.     It shall come into force on such date as the Central Gov...
2Definitions
In this Act, unless the context otherwise requires,-a.     "aeronautical service" means any service provided-              i.        for navigation, surve...
Chapter IIThe Airports Economic Regulatory Authority
3Establishment of authority
1.     The Central Government shall, within three months from the date of commencement of this Act, by notification in the Official Gazette, establish an Aut...
4Composition of Authority
1.     The Authority shall consist of a Chairperson and two other Members to be appointed by the Central Government: Provided that whenever the Authority is ...
5Constitution of Selection Committee to recommend Members
1.     The Central Government shall, for the purpose of sub-section (6) of section 4 constitute a Selection Committee consisting of the following, namely:-a....
6Terms of office and other conditions of service, etc., of Chairperson and Members
1.     The Chairperson and other Members, shall hold office, as such, for a term of five years from the date on which he enters upon his office, but shall no...
7Power of Chairperson
The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the Authority and he shall, in addition to presid...
8Removal and suspension of Members
1.     The Central Government may, by order, remove from office the Chairperson or other Member, if the Chairperson or such other Member, as the case may be,...
9Appointment of Secretary, experts, professionals and officers and other employees of Authority
1.     The Central Government may appoint a Secretary to discharge his functions under this Act.2.     The Authority may appoint such officers and other em...
10Meetings
1.     The Authority shall meet at such places and times and shall observe such rules of procedure in regard to the transaction of business at its meetings (...
11Authentication
All orders and decisions of the Authority shall be authenticated by signatures of the Secretary or any other officer of the Authority, duly authorised by the ...
12Vacancies, etc., not to invalidate proceedings of Authority
No act or proceedings of the Authority shall be invalid merely by reason of –a.     any vacancy in, or any defect in, the constitution of the Authority; orb....
Chapter IIIPowers and Functions of the Authority
13Functions of Authority
1.     The Authority shall perform the following functions in respect of major airports, namely:- a.     to determine the tariff for the aeronautical servic...
14Powers of Authority to call for information, conduct investigations, etc
1.     Where the Authority considers it expedient so to do, it may by order in writing-a.     call upon any service provider at any time to furnish in writin...
15Power of Authority to issue certain directions
The Authority may, for the purpose of discharge of its functions under this Act, issue, from time to time to the service providers, such directions, as it may...
16Power of seizure
The Authority or any other officer specially authorised by it in this behalf may enter any building or place where the Authority has reason to believe that an...
Chapter IVAppellate Tribunal
17Establishment of Appellate Tribunal
Chapter IV Appellate TribunalThe Central Government shall, by notification in the Official Gazette, establish an Appellate Tribunal to be known as the Airpor...
18Application for settlement of disputes and appeals to Appellate Tribunal
1.     The Central Government or a State Government or a local authority or any person may make an application to the Appellate Tribunal for adjudication of ...
19Composition of Appellate Tribunal
1.     The Appellate Tribunal shall consist of a Chairperson and not more than two Members to be appointed, by notification in the Official Gazette, by the C...
20Qualifications for appointment of Chair-person and Members
A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he-a.     in the case of Chairperson, is, or...
21Term of office
The Chairperson and every other Member of the Appellate Tribunal shall hold office as such for a term not exceeding three years from the date on which he ente...
22Terms and conditions of service
The salary and allowances payable to and the other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal shall be suc...
Chapter IVInfected Animals
23Vacancies
If, for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member of the Appellate Tribunal, the Central Government...
24Removal and resignation
1.     The Central Government may remove from office, the Chairperson or any Member of the Appellate Tribunal, who-a.     has been adjudged an insolvent; or...
25Staff of Appellate Tribunal
1.     The Central Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.2.     The officers and employees of...
26Decision to be By majority
If the Chairperson and other Members differ in opinion on any matter, such matter shall be decided according to the opinion of the majority....
27Members, etc., to be public servants
The Chairperson, Members and other officers and employees of the Appellate Tribunal shall be deemed to be public servants within the meaning of section 21 of ...
28Civil court not to have jurisdiction
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Appellate Tribunal is empowered by or under this...
29Procedure and powers of Appellate Tribunal
1.     The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of na...
30Right to legal representation
The applicant or appellant may either appear in person or authorises one or more chartered accountants or company secretaries or cost accountants or legal pra...
31Appeal to Supreme Court
1.     Notwithstanding anything contained in the Code of Civil Procedure, 1908 or in any other law, an appeal shall lie against any order, not being an inter...
32Orders passed by Appellate Tribunal to be executable as a decree
1.     An order passed by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpos...
Chapter VFinance, Accounts and Audit
33Budget
The Authority shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the es...
34Grants by Central Government
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants of such sums of money as are requir...
35Annual statement of accounts
1.     The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed ...
36Furnishing of returns, etc., to Central Government
1.     The Authority shall furnish to the Central Government, at such time and in such form and manner as may be prescribed or as the Central Government may ...
Chapter VIOffences and Penalties
37Penalty for willful failure to comply with orders of Appellate Tribunal
If any person wilfully fails to comply with the order of the Appellate Tribunal, he shall be punishable with fine which may extend to one lakh rupees and in c...
38Punishment for non-compliance of orders and directions under this Act
Whoever fails to comply with any order or direction given under this Act, or contravenes, or attempts to contravene or abets the contravention of the provisio...
39Punishment for non-compliance with order of Authority or Appellate Tribunal
If any person wilfully fails to comply with an order of the Authority or of the Appellate Tribunal, passed under Chapter IV, he shall be punishable with fine ...
40Offences by companies
1.     Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was re...
41Offences by Government Departments
1.     Where an offence under this Act has been committed by any Department of Government or any of its undertakings, the Head of the Department or its under...
Chapter VIIMiscellaneous
42Directions by Central Government
1.     The Central Government may, from time to time, issue to the Authority such directions as it may think necessary in the interest of the sovereignty and...
43Members, officers and employees of Authority to be public servants
The Chairperson, Members, officers and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of any of the provision...
44Bar of jurisdiction
No civil court shall have jurisdiction in respect of any matter which the Authority is empowered by or under this Act to determine....
45Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Central Government or the Authority or any Member, officer or other employees thereof fo...
46Exemption from tax on wealth and income
Notwithstanding anything contained in the Wealth-tax Act, 1957, the Income-tax Act, 1961, or any other enactment for the time being in force relating to tax o...
47Cognizance of offences
No court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by the Authority or by any officer of the Auth...
48Delegation of powers
The Authority may, by general or special order in writing, delegate to the Chairperson or any Member or officer of the Authority, subject to such conditions a...
49Power of Central Government to supersede Authority
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 ...
50Application of other laws not barred
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force....
51Power 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, an...
52Power to make regulations
1.     The Authority may, by notification in the Official Gazette, and with the previous approval of the Central Government, make regulations, not inconsiste...
53Rules and regulations to be laid before Parliament
Every rule made by the Central Government, and every regulation made by the Authority, under this Act shall be laid, as soon as may be after it is made, befor...
54Amendment of certain enactments
The enactments specified in the Schedule to this Act shall be amended in the manner specified therein and such amendments shall take effect on the date of est...
55Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make ...
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