The Airports Economic Regulatory Authority of India Act, 2008

(1) This Act may be called the Airports EconomicRegulatory Authority of India Act, 2008. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint. (3) It applies to-- (a) all airports whereat air transport services are operated or are intended to be operated, otherthan airports and airfields belonging to or subject to the control of the Armed Forces or paramilitaryForces of the Union; (b) all private airports and leased airports; (c) all civil enclaves; (d) all major airports.

In this Act, unless the context otherwise requires,-- (a) aeronautical service means any service provided-- (i) for navigation, surveillance and supportive communication thereto for air trafficmanagement; (ii) for the landing, housing or parking of an aircraft or any other ground facility offered inconnection with aircraft operations at an airport; (iii) for ground safety services at an airport; (iv) for ground handling services relating to aircraft, passengers and cargo at an airport; (v) for the cargo facility at an airport; (vi) for supplying fuel to the aircraft at an airport; and (vii) for a stake-holder at an airport, for which the charges, in the opinion of the CentralGovernment for the reasons to be recorded in writing, may be determined by the Authority; (b) airport means a landing and taking off area for aircrafts, usually with runways and aircraftmaintenance and passenger facilities and includes an aerodrome as defined in clause (2) of section 2of the Aircraft Act, 1934 (22 of 1934); (c) airport user means any person availing of passenger or cargo facilities at an airport; 1[(d) Appellate Tribunal means the Airports Economic Regulatory Authority Appellate Tribunalestablished under section 17;] (e) Authority means the Airports Economic Regulatory Authority established under sub-section(1) of section 3; (f) civil enclave means an area, if any, allotted at an airport belonging to any armed force of theUnion, for use by persons availing of any air transport services from such airport or for the handlingof baggage or cargo by such service, and includes land comprising of any building and structure onsuch area; (g) Chairperson means the Chairperson of the Authority appointed under sub-section (2) ofsection 4; (h) leased airport means an airport in respect of which a lease has been made under section 12Aof the Airports Authority of India Act, 1994 (55 of 1994); (i) major airport means any airport which has, or is designated to have, annual passengerthroughput in excess of 2[three and a half million] or any other airport 3[or a group of airports] as the Central Government may, bynotification, specify as such; (j) Member means a Member of the Authority and includes the Chairperson; (k) prescribed means prescribed by rules made under this Act; (l) private airport has the same meaning as assigned to it in clause (nn) of section 2 of theAirports Authority of India Act, 1994 (55 of 1994); (m) regulations means regulations made by the Authority under this Act; (n) service provider means any person who provides aeronautical services and is eligible to levyand charge user development fees from the embarking passengers at any airport and includes theauthority which manages the airport; (o) stake-holder includes a licensee of an airport, airlines operating thereat, a person whoprovides aeronautical services, and any association of individuals, which in the opinion of theAuthority, represents the passenger or cargo facility users; (p) words and expressions used but not defined in this Act and defined in the Airports Authorityof India Act, 1994 (55 of 1994) shall have the same meanings respectively assigned to them in thatAct.

(1) The Central Government shall, within three months from thedate of commencement of this Act, by notification in the Official Gazette, establish an Authority, to beknown as the Airports Economic Regulatory Authority, to exercise the powers conferred on, and thefunctions assigned to it, by or under this Act. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and acommon seal, with power to acquire, hold and dispose of property, both movable and immovable, and tocontract and shall, by the said name, sue or be sued. (3) The head office of the Authority shall be at such place as the Central Government may, bynotification in the Official Gazette, specify.

(1) The Authority shall consist of a Chairperson and two otherMembers to be appointed by the Central Government: Provided that whenever the Authority is deciding a matter involving a civil enclave in a defenceairfield, there shall be an additional Member, not below the rank of Additional Secretary to theGovernment of India, to be nominated by the Ministry of Defence (2) The Chairperson and Members of the Authority shall be appointed by the Central Governmentfrom amongst persons of ability and integrity having adequate knowledge of, and professional experiencein, aviation, economics, law, commerce or consumer affairs: Provided that a person who is or has been in the service of Government shall not be appointed as aMember unless such person has held the post of Secretary or Additional Secretary to the Government ofIndia or any equivalent post in the Central or State Government for a total period of not less than threeyears. (3) The Chairperson and other Members shall be whole-time Members. (4) The Chairperson or other Members shall not hold any other office. (5) The Chairperson shall be the Chief Executive of the Authority. (6) The Chairperson and other Members of the Authority shall be appointed by the CentralGovernment on the recommendation of Selection Committee referred to in section 5.

(1) The Central Governmentshall, for the purpose of sub-section (6) of section 4 constitute a Selection Committee consisting of thefollowing, namely:-- (a) Cabinet Secretary --Chairman; (b) Secretary, in the Ministry of Civil Aviation --Member; (c) Secretary, Department of Legal Affairs in the Ministry ofLaw and Justice --Member; (d) Secretary, in the Ministry of Defence --Member; (e) One expert to be nominated by the Ministry of Civil Aviation --Member. (2) The Central Government shall within one month from the date of occurrence of any vacancy byreason of death, resignation or removal of the Chairperson or a Member and six months before thesuperannuation or end of tenure of the Chairperson or any Member, make a reference to the SelectionCommittee for filling up of the vacancy. (3) The Selection Committee shall finalise the selection of the Chairperson and Members within onemonth from the date on which the reference is made to it. (4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it. (5) Before recommending any person for appointment as a Chairperson or other Member of theAuthority, the Selection Committee shall satisfy itself that such person does not have any financial orother interest which is likely to affect prejudicially his functions as a Member. (6) No appointment of the Chairperson or other Member shall be invalid merely by reason of anyvacancy in the Selection Committee.