The Airports Authority of India Act, 1994

1[1. Short title, commencement and application.--(1) This Act may be called the Airports Authorityof India Act, 1994. (2) It shall come into force on such date2as 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, any armed force of the Union; 3[(aa) all private airports insofar as it relates to providing air traffic service, to issue directionsunder 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.]

In this Act, unless the context otherwise requires,-- (a) "aeronautical communication station" means a station in the aeronautical communicationservice which includes aeronautical practising service, aeronautical fixed service, aeronautical mobileservice and aeronautical radio communication service; (b) "airport" means a landing and taking off area for aircrafts, usually with runways and aircraftmaintenance and passenger facilities and includes aerodrome as defined in clause (2) of section 2 ofthe Aircraft Act, 1934 (22 of 1934); (c) "airstrip" means an area used or intended to be used for the landing and take-off of aircraftswith short take-off and landing characteristics and includes all buildings and structures thereon orappertaining thereto; (d) "air traffic service" includes flight information service, alerting service, air traffic advisoryservice, air traffic control service, area control service, approach control service and airport controlservice; (e) "air transport service" means any service, for any kind of remuneration, whatsoever, for thetransport by air of persons, mail or any other thing, animate or inanimate, whether such service relatesto a single flight or series of flights; (f) "appointed day" means such date as the Central Government may, by notification in theOfficial 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) ofsub-section (3) of section 3; (i) "civil enclave" means the area, if any, allotted at an airport belonging to any armed force ofthe Union, for use by persons availing of any air transport services from such airport or for thehandling of baggage or cargo by such service, and includes land comprising of any building andstructure on such area; (j) "heliport" means an area, either at ground level or elevated on a structure, used or intended tobe used for the landing and take-off helicopters and includes any area for parking helicopters and allbuildings and structures thereon or appertaining thereto; (k) "International Airports Authority" means the International Airports Authority of Indiaconstituted 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 notinclude, 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 Airports Authority constituted undersection 3 of the National Airports Authority Act, 1985 (64 of 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 bothwhere the share of such person or agency, as the case may be, in the assets of the privateairport is more than fifty per cent.] (o) "regulations" means regulations made under this Act.

(1) With effect from the appointed day, theCentral Government shall, by notification in the Official Gazette, constitute an Authority to be called theAirports Authority of India. (2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and acommon seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of propertyboth 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 DirectorGeneral 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 CentralGovernment. (4) The Chairperson shall be a whole-time member and other members referred to in clause (c) ofsub-section (3) may be appointed as whole-time or part-time members as the Central Government maythink fit. (5) The Chairperson and the members referred to in clause (c) of sub-section (3) shall be chosen fromamong persons who have special knowledge and experience in air transport of any other transportservices, industry, commercial or financial matters or administration and from among persons who arecapable of representing organisations of workers and consumers.

A person shall be disqualified for being appointed as amember if he-- (a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of theCentral 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 corporateowned or controlled by the Government; or (e) has in the opinion of the Central Government such financial or other interest in the Authorityas is likely to affect prejudicially the discharge by him of his functions as a member.

(1) Subject to the provisions ofsection 6,-- (i) every whole-time member (other than the ex officio member) shall hold office for a period offive years from the date on which he assumes office or till he attains the age of sixty years, whicheveris earlier, and (ii) every part-time member (other than the ex officio member) shall hold office for a period ofthree 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 theGovernment, after giving him notice for a period of not less than three months or, in lieu thereof, onpayment 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 Governmentafter 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 beprescribed, to the Central Government and, on such resignation being notified in the Official Gazette bythe Government, such member shall be deemed to have vacated his office.