Airports Authority of India Act, 1994

For establishing Airports Authority of India for better administration and cohesive management of airports and civil enclaves whereat air transport services are operated, etc.

Airports Authority of India Act, 1994

Act 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 [i][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:—

Statement of objects and Reasons.—Until 1971, the Director General of Civil Aviation was entrusted with the responsibility not only of regulatory functions relating to civil aviation but also of construction and management of airports, air traffic control and air space management in the country.

2. Considering the need for heavy investments and operational flexibility required for construction and management of large airports, the International Airports Authority of India (IAAI) was constituted as an autonomous body under the International Airports Authority Act, 1971. Four international airports, namely, Delhi, Bombay, Madras and Calcutta were transferred to IAAI with effect from 1-4-1972; later, Trivandrum airport was also transferred to IAAI. In 1985, it was felt that a similar treatment was required for domestic airports and air traffic control and related services. Consequently, National Airports Authority (NAA) was constituted under the National Airports Authority Act, 1985.

3. International airports are put to more intensive use and generate substantial revenues which accrue to IAAI. Revenues of NAA are much less buoyant because a number of its airports do not have any commercial air service whatsoever while many others have only infrequent operations. NAA has, therefore, not been able to generate adequate resources to meet the requirements of development and modernisation. To overcome this handicap and provide for closer integration in the management of airports and air traffic contract services in the country, it has been found necessary to merge the IAAI and the NAA, which the Bill seeks to achieve.

4. The salient features of the Bill are:—

(a) Constitution of a single unified Airports Authority of India to control and manage both the national and international airports in the country and transfer and vesting of the undertakings of the International Airports Authority of India and National Airports Authority in the said Airports Authority of India.

(b) Repeal of the International Airports Authority of India Act, 1971 and the National Airports Authority Act, 1985.

(c) All licences, permits, quotas and exemptions granted to the International Airports Authority of India or the National Airports Authority be deemed to have been granted to the Airports Authority of India.

(d) Guarantees given for or in favour of the International Airports Authority of India or the National Airports Authority to continue to be operative in relation to the Airports Authority of India.

(e) Every officer or other employee of the International Airports Authority of India and the National Airports Authority, serving in its employment immediately before the appointed day, to become an officer or other employee, as the case may be, of the Airports Authority of India, with option to resign.

(f) Power of the Central Government to give directions to the Airports Authority of India.

5. The Bill seeks to achieve the aforesaid objectives.

Chapter I

PRELIMINARY

1. Short title, commencement and application.

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[ii] 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;

[iii][(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 V-A;]

(b) all civil enclaves;

(c) all aeronautical communication stations; and

(d) all training stations, establishment and workshops relating to air transport services.

2. Definitions.

2. 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 sub-section (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;

[iv][(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.

References

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