Section 28N in The Airports Authority of India Act, 1994

Title: Offences under this Chapter

Description: 1[28N. Offences under this Chapter.--(1) Whoever, unlawfully occupies any airport premises, shall be punishable with imprisonment for a term which may extend to six years and with fine. (2) Whoever fails to comply with any order of the eviction officer or the 2[High Court] under this Chapter shall be punishable with imprisonment for a term which may extend to seven years and with fine. (3) If any person who has been evicted from any airport premises under this Chapter again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to ten years and with fine. (4) The court may, while convicting a person under sub-section (3), make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken under this Chapter.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004). 2. Subs. by Act 33 of 2021, s. 19, for “Tribunal” (w.e.f. 4-4-2021).

Title: Offences by companies

Description: 1[28-O. Offences by companies.--(1) Where any offence under this Chapter has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Chapter, if he proves that the offence was committed without his knowledge or he has exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Chapter has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation --For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004).

Title: Congizance of offences

Description: 1[28P. Cognizance of offences.--No court shall take cognizance of any offence under this Chapter except on a complaint made by the Authority, eviction officer or any other officer authorised by it and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Chapter.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004).

Title: Power to obtain information

Description: 1[28Q. Power to obtain information.--If the eviction officer has reason to believe that any persons are in an unauthorised occupation of any airport premises, he or any other officer authorised by him in this behalf may require those persons or any other person to furnish information in relation to the names and other particulars of the persons in occupation of the airport premises and every person so required shall be bound to furnish the information in his possession.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004).

Title: Officers, etc., to aid and assist

Description: 1[28R. Officers, etc., to aid and assist.--It shall be the duty of all the officers of the Government including police officers and any local authority to aid and assist the eviction officer or other officers of the Authority in the discharge of their functions under this Chapter.] 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1-7-2004).

CHAPTER 5A EVICTION OF UNAUTHORISED OCCUPANTS, ETC., OF AIRPORT PREMISES