Section 41 in The Airports Authority of India Act, 1994

Title: Power to make rules

Description: (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the period of notice as may be given by the Central Government to terminate the appointment of any part-time member of the Authority under clause (b) of proviso to sub-section (1) of section 5; (b) the conditions of service of the members of the Authority under sub-section (2) of section 5; (c) the period of notice as may be given by any member to resign his office under sub-section (3) of section 5; (d) the provisions subject to which officers and other employees may be appointed by the Authority and the category of officers to be appointed after approval of the Central Government under the proviso to sub-section (1) of section 10; (e) the provisions subject to which the Authority may manage the airports, civil enclaves and aeronautical communication stations under sub-section (1) of section 12; 1[(ee) 2[the rate of development fees in respect of airports other than major airports and] the manner of regulating and utilising the fees under section 22A;] (f) the manner in which the Authority may invest its funds under clause (b) of sub-section (3) of section 24; (g) the form in which the annual statement of accounts shall be prepared by the Authority under sub-section (1) of section 28: 1[(gi) the other manner of serving notice under sub-section (3) of section 28C; (gii) the other manner of serving notice under sub-section (4) of section 28C; (giii) the principles of assessment of damages under sub-section (2) of section 28G; (giv) the rate of simple interest under sub-section (3) of section 28G; (gv) any other matter under clause (c) of section 28H; 3***** (h) the form in which a report giving an account of its activities shall be prepared and submitted by the Authority to the Central Government under sub-section (1) of section 29; and any other matter which is to be, or may be, prescribed. 1. Ins. by Act of 43 of 2003, s.10 (w.e.f. 1-7-2004). 2. Subs. by Act 27 of 2008, s. 54 and the Schedule, for the rate of development fees and (w.e.f. 1-1-2009). 3.Clauses (gvi), (gvii), (gviii) and (gix) omitted by Act 33 of 2021, s. 19 (w.e.f. 4-4-2021).

Title: Power to make regulations

Description: (1) The Authority may make regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the time and places of the meetings of the Authority and the procedure to be followed for the transaction of business including the quorum at such meetings under sub-section (1) of section 8; (b) the conditions of service and the remuneration of officers and other employees to be appointed by the Authority under sub-section (2) of section 10; (c) the construction of residential accommodation for the officers and other employees appointed by the Authority under clause (e) of sub-section (3) of section 12; (d) the storage or processing of goods in any warehouse established by the Authority under clause (g) of sub-section (3) of section 12 and the charging of fees for such storage or processing; (e) the contracts or class of contracts which are to be sealed with the common seal of the Authority and the form and manner in which a contract may be made by the Authority under sub-section (1) of section 21; (f) the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the persons entitled thereto under section 34; (g) the disposal of any lost property in cases where such property is not restored; (h) securing the safety of aircraft, vehicles and persons using the airport or civil enclave and preventing danger to the public arising from the use and operation of aircraft in the airport or civil enclave; (i) preventing obstruction within the airport or civil enclave for its normal functioning; (j) prohibiting the parking or waiting of any vehicle of carriage within the airport or civil enclave except at places specified by the Authority; (k) prohibiting or restricting access to any part of the airport or civil enclave; (l) preserving order within the airport or civil enclave and preventing damage to property therein; (m) regulating or restricting advertising within the airport or civil enclave; (n) requiring any person, if so directed by an officer appointed by the Authority in this behalf, to leave the airport or civil enclave or any particular part of the airport or civil enclave; and (o) generally for the efficient and proper management of the airport or civil enclave. (3) Any regulation made under any of the clauses (h) to (o) (both inclusive) of sub-section (2) may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention. (4) No regulation made by the Authority under this section shall have effect until it has been approved by the Central Government and published in the Official Gazette. (5) Notwithstanding anything contained in this section, the first regulations under this Act shall be made by the Central Government and shall have effect on being published in the Official Gazette. (6) The first regulations framed under sub-section (5) shall remain in force until such time the Authority has made regulations and they are published in the Official Gazette.

Title: Rules and regulations to be laid before Parliament

Description: Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

Title: Power to remove difficulties

Description: (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of one year from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

Title: Repealed

Description: [Amendment of Act 22 of 1934.].--Rep. by Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-11-2001).

CHAPTER 6 MISCELLANEOUS