STATEMENT OF OBJECTS AND REASONS The International Airports at Delhi, Bombay, Calcutta and Madras are the aerial gateways of India, and are becoming increasingly important in developing India's bade and tourism. Owing to rapid growth of traffic, and the increasing impact of technological development in the shape of large capacity sub-sonic. and supersonic jet aircraft the organisation and management of these four international airports will assume increasing importance in the years to 2. To determine and advise Government on the action required to be taken to provide these international airports with the buildings, equipment, facilities, and organisation necessary to cater to the needs of passenger and goods traffic, baggage and cargo handling, and other related matters, a high-powered International Airports Committee was appointed in July, 1967 under the Chairmanship of Mr. J.R.D. Tata. The Committee has made a number of recommendations for the phased development of the four international airports spread over a period of fifteen years, corresponding to the Three Five Year Plans commencing from April, 1969. The recommendations of the Committee would involve an estimated total expenditure of Rs. 106.12 crore — Rs. 63.56 crore to be spent in Fourth Plan (1969-1974), Rs. 35.54 crore in the Fifth Plan (1974-1979), and the balance of Rs. 7.02 crore to spill over to the Sixth Plan. A provision of about Rs. 37.00 crore' (excluding Rs. 10 crore for provision of communication and navigation aids) has been made for the aforesaid four international airports in the Fourth Five Year Plan of the Civil Aviation Department. 3. An important point made by the committee is that the success in spending effectively the large outlays for the creation of the new airport facilities will depend largely on the speed and flexibility with which the project is launched and administered. Keeping in view the compulsions of Government procedures, the committee urged that a Corporation should be set up under the Indian Companies Act, and all the present and future assets of the four international airports placed under its ownership and management, except for the functions of aeronautical communication, navigation, and air traffic services as well as weather forecasting services, which should continue to be- under the control of the Departments of Civil Aviation and Meteorology respectively. In the opinion of the Committee, only a commercially oriented organisation with sufficient flexibility and autonomy in financial matters, and freed from the requirements of regular Government procedures, would be able to provide the drive and speed so necessary for the quick development and business-like management of these airports. A sub-committee appointed by the International Airports Committee in this regard had come to the definite conclusion that the creation of an autonomous Airport Authority would not cause any additional burden or liability on the Central Government budget and would in tact have definite functional advantage. 4. The proposed Airports Authority will be engaged in creating, maintaining and providing services and facilities, rather than in the production of or trade in goods. For the purposes of co-ordination with various Government agencies, a Joint Stock Company under the Indian Companies Act may be ill-suited. The decision of Government on the recommendations of Administrative terms Commissions that the statutory corporation form is preferable for enterprises providing public utilities, as is the case here. It is accordingly proposed to constitute a statutory Authority for the development and management of the four international airports of Delhi, Bombay, Calcutta and Madras. Power has also been conferred: on the Central Government to apply the provisions of the Act to any other airport where international air transport services are operated or are intended to be operated. 5. The Bill seeks to achieve the above object. 6. The notes on clauses appended to the Bill explain the more important provisions of the Bill.—Gaz. of Ind., 9-7-1971, Pt. II, S.2,Ext.,p.412.
An Act to provide for the constitution of an authority for the management of certain aerodromes whereat international air transport services are operated or are intended to be operated and for matters connected therewith. Be it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:—
SECTION 01: SHORT TITLE, COMMENCEMENT AND APPLICATION
(1) This Act may be called THE INTERNATIONAL AIRPORTS AUTHORITY ACT, 1971.
(2) It shall come into force on such date1as the Central Government may by notification in the Official Gazette, appoint.
(3) It applies, in the first instance, to the aerodromes of Bombay (Santa Cruz), Calcutta (Dum Dum), Delhi (Palam) and Madras (Meenarobakkarn) and the Central Government may, by notification in the Official Gazette, apply the provisions of this Act to any other aerodrome whereat international air transport services are operated or are intended to be operated and with effect from such date as may be specified in the notification.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires—
(a) "airport" means an aerodrome as defined in clause (2) of section 2 of the Aircraft Act, 1934 and to which this Act applies or is made applicable;
(b) "airstrip" means an area used or intended .to be used for the landing and take-off of aircraft with short take-off and landing characteristics and includes all buildings and structures thereon or appertaining thereto;
(c) "Authority" means the International Airports Authority of India constituted under section 3;
(d) "Chairman" means the Chairman of the Authority;
(e) "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 an area for parking helicopters and all buildings and structures thereon or appertaining thereto;
(f) "member" means a member of the Authority and includes the Chairman but for the purposes of sections 4, 5, 6 and 7 does not include the ex officio member referred to in clause (b) of sub-section (3) of section 3;
(g) "prescribed" means prescribed rules made under this Act; and
(h) "regulations" means regulations made under this Act.
SECTION 03: CONSTITUTION AND INCORPORATION OF THE AUTHORITY
(1) With effect from the commencement of this Act, the Central Government shall constitute an authority to be called the International Airports Authority of India.
(2) The Authority, shall be a body corporate, by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act to acquire, hold and dispose of property both moveable and immovable, and to contract and shall by the said name sue and be sued.
(3) The Authority shall consist of—
(a) a Chairman to be appointed by the Central Government
(b) the Director-General of Civil Aviation, ex officio; and
(c) not less than Six and not more than thirteen members to be appointed by the Central Government.
(4) The Chairman shall be a whole-time member and the other members referred to in clause (c) of sub-section (3) may be appointed as whole-time or part-time members as the Central Government may think fit.
(5) The names of persons appointed as members shall be notified by the Central Government in the Official Gazette.
(6) During the temporary absence of the Chairman, the Central Government may appoint another member to act as the Chairman.
SECTION 04: DISQUALIFICATION FOR OFFICE OF MEMBER
A person shall be disqualified for being appointed as a member if he—
(a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the Central 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 dismissal from the service of the Government or a corporation owned or controlled by the Government; or
(e) has, in the opinion of the Central Government, such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.
SECTION 05: TERM OF OFFICE AND CONDITIONS OF SERVICE OF MEMBERS
(1) Subject to the provisions of section 6-, every member shall hold office for a period of three years from the date on which he assumes office: Provided that Central Government may—
(a) terminate the appointment of any whole-time member, who is not a servant of the Government, after giving Man notice for a period of not less than three months or in lien thereof on payment of an amount equal to his salary and allowances, if any, for a period at three months;
(b) terminate the appointment of any part-time member who is not a servant of the Government after 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 be prescribed -to the Central Government and, on such resignation being notified in the Official Gazette by that Government, such member shall be deemed to have vacated his office.
(4) A casual vacancy caused by the resignation of a member under sub- section (3) or otherwise may be filled by fresh appointment and the person so appointed shall hold office for the remaining period for which the member in whose place he is appointed would have held office.
SECTION 06: VACATION OF OFFICE OF MEMBER
The Central Government shall re- move a member if he—
(a) becomes subject to any of the disqualifications mentioned in section 4-: Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given a reasonable opportunity of being heard in the matter; or",
(b) refuses to act or becomes incapable of acting; or
(c) is, without obtaining leave of absence from the Authority, absent from three consecutive meetings of the Authority; or
(d) in the opinion of the Central Government, has said abused his position as to render his continuance in. office detrimental to the public interest : Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.
SECTION 07: ELIGIBILITY OF MEMBER FOR REAPOINTMENT
Any person ceasing to be a member shall unless disqualified under section 4-, be eligible for reappointment as such.
SECTION 08: MEETINGS
(1) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations.
(2) The Chairman, or, if for any reason he is unable to attend any meeting, any other member chosen by the members present at the meeting, shall preside at the meeting.
(3) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote.
SECTION 09: VACANCY IN THE AUTHORITY NOT TO INVALIDATE PROCEEDINGS
No act or proceeding of the Authority shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Authority.
SECTION 10: APPOINTMENT OF OFFICERS AND OTHER EMPLOYEES OF THE AUTHORITY
(1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Authority .shall, subject to the provisions of section 12-and to such rules as may be prescribed in this behalf, appoint (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary: Provided that the appointment of such category of officers as may be specified after consultation with the Chairman in such rules, shall be subject to the approval of the Central Government.
(2) Subject to the provisions of section 12-, every officer or other employee appointed by the Authority shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.
SECTION 11: AUTHORITY TO ACT ON BUSINESS PRINCIPLES
In the discharge of its functions under this Act, the Authority, shall act, so far as may be, on business principles.
SECTION 12: TRANSFER OF ASSETS AND LIABILITIES OF CENTRAL GOVERNMENT TO THE AUTHORITY
(1) Save as otherwise provided in sub-section as from such date2as the Central Government may appoint by notification in the Official Gazette in relation to any airport,—
(a) all properties and other assets vested in the Central Government for the purposes of the airport and administered by the Director-General of Civil Aviation immediately before such day shall vest in the Authority;
(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Central Government immediately before Such day for or in connection with, purposes of the airport shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Authority;
(c) all non-recurring expenditure incurred by the Central Government for or in connection with the purposes of the airport up to such day and declared to be capital expenditure by the Central Government shall, subject to such terms and conditions as may be determined by the Central Government, be treated as the capital provided by the Central Government to the Authority;
(d) all sums of money due to the Central Government in relation to the airport immediately before such day shall be deemed to be due to the Authority;
(e) all suits and other legal proceedings instituted or which could have been instituted by or against the Central Government immediately before such day for any matter in relation to the airport may be continued or instituted by or against the Authority;
(f) every employee holding any office under the Central Government immediately before such day solely or mainly for or in connection with such affairs of the airport as are relevant to the functions of the Authority under this Act shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office, if the Authority had not been constituted and shall continue to do so Until the Central Government, either on its own motion or at the request of the Authority, recalls such employee to its service or until the Authority, with the concurrence of the Central Government duly absorbs such employee in its regular service, whichever is earlier: Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay to the Central Government, in respect of every such. employee, such contribution towards his leave salary, pension and gratuity as the Central Government may, by order, determine: Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in its regular service, intimated within such time as may be specified in this behalf by the Authority his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority in its regular service.
(2) As from the date determined by the Central Government under the proviso to sub-s. (2) of section 16-,—
(a) the equipment and appliances relating, to air navigation services and the buildings used exclusively for such services immediately before such day shall vest in the Authority;
(b) all debts, obligations and liabilities-incurred, all contracts entered into and all matters and things engaged -to be done by, with, or for the Central Government immediately before such day for or in connection with air navigation services shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Authority;
(c) all sums of money due to the Central Government for or in connection
with air navigation services immediately before such day shall be deemed to be due to the Authority;
(d) all suits and other legal proceedings instituted or which could have been instituted by or against the Central Government immediately before such day for any matter in connection with air navigation services may be continued or instituted by or against the Authority;
(e) every employee holding any office under the Central Government immediately before such day solely or mainly for or in connection with air navigation services shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held Such office, if the Authority had riot been constituted and shall continue to do so until the Central Government, either on its own motion or at the request of the Authority, recalls such employee to its service or until the Authority, with the concurrence of the Central Government, duly absorbs such employee in its regular service, whichever is earlier: Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay to the Central Government, in respect of every such employee, such contribution towards his leave salary, pension and gratuity as the Central Government may, by order, determine: Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in its regular service, intimated within such time as may be specified in
this behalf by the Authority his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority in its regular service.
(3) If any dispute or doubt arises as to which of the properties, rights or liabilities of the Central Government have been transferred to the Authority or as to which of the employees serving under the Central Government are to be treated as on deputation with the Authority, under this section, such dispute or doubt shall be decided by the Central Government in consultation with the Authority and the decision of the Central Government thereon shall be final.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, the absorption of any employee by the Authority in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.
(5) In this section and in section 16-, the expression "air navigation services", in relation to any airport, means air traffic services (including aeronautical and flight information services), aeronautical communication and navigational aids and meteorological services at such airport.
SECTION 13: COMPULSORY ACQUISITION OF LAND FOR THE AUTHORITY
Any land required by the Authority for discharging its functions under this Act shall be deemed to be needed for a public purpose and such land may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894 or of any other corresponding law for the time being in force.
SECTION 14: CONTRACTS HY THE AUTHORITY
Subject to the provisions of section 15-, the Authority shall be competent to enter onto and perform any contract necessary for the discharge of its functions under this Act.
SECTION 15: MODE OF EXECUTING CONTRACTS ON BEHALF OF THE AUTHORITY
(1) Every contract shall, on behalf of the Authority, be made by the Chairman or such other member or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts or class of contracts as may be specified in the regulations shall be sealed with the common seal of the Authority: Provided that no contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Authority: Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall bemade unless it has been previously approved by the Central Government.
(2), Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be prescribed by regulations.
(3) No contract which is not in accordance with the provisions of this Act and the regulations shall be binding on the Authority.
SECTION 16: FUNCTIONS OF THE AUTHORITY
(1) Subject to the rules, if any, made by the Central Government in this behalf, it shall be the function of the Authority to manage the airports efficiently.
(2) It shall be the duty of the Authority to provide at the airports such services and facilities as are necessary or desirable for the efficient operation of air transport services thereat: Provided that the function of providing air navigation services at the airports shall continue to be discharged by the Central Government until such date as that Government may, by order, determine.
(3) Without prejudice to the generality of the provisions contained in subsections (1) and (2), the Authority may—
(a) plan, develop, construct and maintain runways, taxiways, aprons and terminal and ancillary buildings at the airports;
(b) construct residential buildings and create townships for its employees;
(c) establish and maintain hotels, restaurants and rest-rooms at or near the airports;
(d) establish warehouses at the airports for the storage or processing of goods;
(e) arrange for postal, money exchange, insurance and telephone facilities for the use of passengers and other persons at the airports;
(f) make appropriate arrangements for watch and ward at the airports;
(g) regulate and control the plying of vehicles and the entry and exit of passengers and visitors, in the airports with due regard to the protocol functions of the Government of India;
(h) develop and provide consultancy services m India and abroad in relation to planning and development of airports or any facilities thereat;
(i) establish and manage heliports and airstrips;
(j) provide such transport facilities as are, in the opinion of the Authority, necessary to the passengers traveling by air;
(k) form one or more companies under, the Companies Act, 1956 or under any other law relating to companies to further the efficient discharge of the functions imposed on it by this Act; and
(l) take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this Act.
(4) In the discharge of its functions under this section, the Authority shall have due regard to the development, of air transport service and to the efficiency, economy and safety of such service.
(5) Nothing contained in this section shall be construed as—
(a) imposing an obligation on the Authority to discharge any function or duty under this section with respect to any airport in relation to which a notification has not been issued under sub-section (1) of section 12-;
(b) authorising the disregard by the Authority of any law for the time being in force; or
(c) authorising any person to institute any proceeding in respect of a duty or liability to which the Authority or its officers or other employees would not otherwise be subject.
SECTION 17: POWER OF THE AUTHORITY TO CHARGE FEES, RENT, ETC
The Authority may—
(i) with the previous approval of the Central Government, charge fees or rent,—
(a) for the landing, housing or parking of aircrafts or for any other service or facility offered in connection with aircraft operations, at any airport, heliport or airstrip.
Explanation.— In this sub-clause "aircraft" does not include an aircraft belonging to the
Indian Defence Services and "aircraft operations" do not include operations of any aircraft belonging to the said Services;
(b) for the amenities given to the passengers and visitors at any airport, heliport or airstrip;
(c) for the use and enjoyment by persons of facilities and other services provided by the Authority at any airport, heliport or airstrip;
(ii) with due regard to the instructions that the Central Government may give to the Authority, from time to time, charge fees or rent from persons who are given by the Authority any facility for carrying on any trade or business at any airport.
SECTION 18: ADDITIONAL CAPITAL AND GRANTS TO THE AUTHORITY BY THE CENTRAL GOVERNMENT
The Central Government may, after due appropriation made by Parliament by law in this behalf,—
(a) provide any capital, over and above the capital provided under clause (c) of sub-sec. (1) of section 12-, that may be required by the Authority for the discharge of its functions under this Act or for any purpose connected therewith on such terms and conditions as that Government may determine;
(b) pay to the Authority, on such terms and conditions as the Central Government may determine, by way of loans or grants such sums of money as that Government may consider necessary for the efficient discharge by the Authority of its functions under this Act
SECTION 19: FUND OF THE AUTHORITY
(1) The Authority shall have its own fund and all receipts of the Authority shall be credited thereto and all payments of the Authority shall be made therefrom.
(2) The Authority shall have power, subject to the provisions of this Act, to spend such sums as it thinks fit to cover all administrative expenses of the Authority and on objects or for purposes authorised by this Act and such sums shall be treated as expenditure out of the fund of the Authority.
(3) All moneys standing at the credit' of the Authority which cannot immediately be applied as provided in sub-section (2) shall be deposited in the State Bank of India or in such scheduled bank or banks and subject to such conditions as may from time to time be specified by the Central Government.
Explanation.— In this sub-section "scheduled bank" has the same meaning as in clause (e) of section 2 of the Reserve Bank of India Act, 1934.
SECTION 20: ALLOCATION OF SURPLUS FUNDS
(1) The Authority may, from time to time, set apart such amounts as it thinks fit as a reserve fund or funds for the purpose of expanding existing facilities or services or creating new facilities or services at any airport or for the purpose of providing against any temporary decrease of revenue or increase of expenditure from transient causes or for purposes of replacement or for meeting expenditure arising from loss or damage from fire, cyclone, air-crash or other accident or for meeting any liability arising out of any act or omission in the discharge of its functions under this Act: Provided that without prejudice to the right of the Authority to establish specific reserves for one or more specific purposes the Authority shall also have the power to establish a general reserve: Provided further that the sums set apart annually in respect of each or any of the specific and general reserves and the aggregate at any time of such sums shall not exceed such limits as may, from time to time, be fixed in that behalf by the Central Government.
(2) After making provision for such reserve fund or funds and for bad and doubtful debts, depreciation in assets and all other matters which are usually provided for by companies registered and incorporated under the Companies Act, 1966, the Authority shall pay the balance of its annual net profits to the Central Government.
SECTION 21: SUBMISSION OF PROGRAMME OF ACTIVITIES AND FINANCIAL ESTIMATES
(1) The Authority shall before the commencement of each financial year, prepare a statement of the programme of its activities during the forthcoming financial year as well as a financial estimate in respect thereof.
(2) The statement prepared under sub-section (1) shall, not less than three months before the commencement of each financial year, be submitted for approval to the Central Government.
(3) The statement and the financial estimates of the Authority may, with the approval of the Central Government, be revised by the Authority,
SECTION 22: INVESTMENT OF FUNDS
The Authority may invest its funds (including any reserve fund) in the securities of the Central Government or in such other manner as may be prescribed.
SECTION 23: BORROWING POWERS OF THE AUTHORITY
(1) The Authority may, with the consent of the Central Government or in accordance with the terms of any general or special authority given to it by the Central Government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its functions under this Act.
(2) The Central Government may guarantee in such manner as it thinks fit the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by the Authority under sub-section (1).
(3) Subject to such limits as the Central Government may, from time to time, lay down, the Authority may borrow temporarily by way of overdraft or otherwise such amounts as it may require for discharging its functions under this Act.
SECTION 24: ACCOUNTS AND AUDIT
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profits and loss account and the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Authority shall be audited annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection-with the audit of the accounts of .the Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the Authority.
(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.
SECTION 25: SUBMISSION OF ANNUAL REPORTS TO PARLIAMENT
(1) The Authority shall, as soon as may be after the end of each financial year, prepare and submit to the Central Government in such form as may be prescribed a report giving an account of its activities during that financial year and the report shall also give an account of the activities which are likely to be undertaken by the Authority during the next financial year.
(2) The Central Government shall cause such report to be laid before both Houses of Parliament as soon as may be after it is submitted.
SECTION 26: DELEGATION
The Authority may, by general or special order in writing, delegate to the. Chairman or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act (except the powers under section 37-) as it may deem necessary.
SECTION 27: AUTHENTICATION OF ORDERS AND OTHER INSTRUMENTS OF THE AUTHORITY
— All orders and decisions of the Authority shall be authenticated by the signature of the Chairman-or any other member authorised by the Authority in this behalf 'and all, other instruments executed by the Authority/shall be authenticated by the signature of an officer of the Authority authorised by the Authority in this behalf:
SECTION 28: OFFICERS AND EMPLOYEES OF THE AUTHORITY TO BE PUBLIC SERVANTS
All officers and employees of the Authority shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code-
SECTION 29: PROTECTION OF ACTION TAKEN UNDER THE ACT
No suit, prosecution or other legal proceeding shall lie against the
Authority or any member or any officer or other employee of the Authority for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation made thereunder or for any damage sustained by any aircraft or vehicle in consequence of any defect in any of the airports or other things belonging to or under the control of the Authority.
SECTION 30: CUSTODY AND DISPOSAL OF LOST PROPERTY
Subject to such regulations as the Authority may make in this behalf, the Authority shall provide for securing the safe custody and restoration of any property which, while not in proper custody, is found on any premises belonging to the Authority or under its overall control or in any aircraft on any such premises.
SECTION 31: PROVISIONS RELATING TO INCOME-TAX
For the purposes of the Income-tax Act, 1961 or any other enactment for the time being in force relating to income-tax or any other tax on income, profits or gains, the Authority shall be deemed to be a company within the meaning of the Income-tax Act, 1961 and shall be liable to tax accordingly on its Income, profits and gains.
SECTION 32: POWER OF THE AUTHORITY TO UNDERTAKE CERTAIN WORKS
The Authority may undertake to carry out on behalf of any person any works or services or any class of works or services on such terms and conditions as maybe agreed upon between the Authority and the person concerned.
SECTION 33: POWER OF CENTRAL GOVERNMENT TO TEMPORARILY DIVEST THE AUTHORITY FROM THE MANAGEMENT OF ANY AIRPORT
(1) If at any time the Central Government is of opinion that in the public interest it is necessary or expedient so to do, it may, by order, direct the Authority to entrust the management of any airport with effect from such date and to such person as may be specified in the order and the Authority shall be bound to comply with such direction: Provided that before an order is made under this sub-section the Authority shall be given a reasonable opportunity of being heard in the matter.
(2) Where the management of any airport is entrusted to any person specified under sub-section (1) (hereafter in this section referred to as the authorised person), the Authority shall cease to exercise and discharge all its powers and functions under this Act in relation to such airport and such powers and functions shall be exercised and discharged by the authorised person in accordance with the instructions, if any, which the Central Government may give to the authorised person from time to time: Provided that no such power or function as may be specified by the Central Government by a general or special order shall be exercised or discharged by the authorised person except with the previous sanction of the Central Government.
(3) An order made under sub-section (1) shall, unless rescinded, be in operation for a period of six months from the date on which the management of the airport is entrusted to the authorised person: Provided that the Central Government may extend such period for a further period or periods not exceeding eighteen months.
(4) During the operation of an order made under sub-section (1), it shall be competent for the Central Government to issue, from time to time, such directions to the Authority as are Hecessary to enable the authorised person to exercise the powers and discharge' the' functions of the Authority under this Act in relation to the airport, the management of which has been entrusted to him and in particular to transfer any sum of money from the fund of the Authority to the authorised person for the management of the airport and every such direction shall be complied with by the Authority.
(5) On the cesser of operation of any order made under sub-section (1) in relation to any airport, the authorised person shall cease to exercise and perform the powers and functions of the Authority under this Act in relation to such airport and the Authority shall continue to exercise and perform, such powers and functions in accordance with the provisions of this Act.
(6) On the cesser of operation of any order made under sub-section (1) in relation to any airport, the authorised person shall hand over to the Authority any property (including any sum of money or other asset) remaining with him in connection with the management of such airport.
(7) Anything done or any action taken lawfully by the authorised person in relation to any airport during the period of operation of an order made under sub-section (1) shall be deemed to have been done or taken by the Authority and shall be binding on the Authority.
SECTION 34: POWER OF CENTRAL GOVERNMENT TO SUPERSEDE THE AUTHORITY
(1) If, at any time, the Central Government is of opinion—
(a) that on account of a grave emergency, the Authority is unable to discharge the functions and duties imposed on it' by or under the provisions of this Act; or
(b) that the Authority has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of which default the financial position of the Authority or the administration of any airport has deteriorated; or
(c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Authority for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the Central Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1) superseding the Authority,—
(a) all the members shall, as from the date of supersession, vacate their offices as such,
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority shall, until, the Authority, is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct;
(c) all property owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section. (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may—
(a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or
(b) reconstitute the Authority by fresh appointment and in such case any persons who vacated their offices under clause (a) of sub-section (S) shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this subsection.
(4) The Central Government shall cause a notification issued under subsection (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity.
SECTION 35: POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS
(1) Without prejudice to the foregoing provisions of this Act, the Authority shall in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time: Provided that the Authority shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
SECTION 36: POWER OF CENTRAL GOVERNMENT TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette, make rules3for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the conditions of service of the Chairman and other members under section 5-including the salaries payable to the Chairman and to the members who are required to render whole-time service and the fees and allowances payable to the members who are required to render part-time service;
(b) the period of notice required to terminate the appointment of any member, who is required to render part-time service and who is not a servant of the Government, under section 5-, and the period of notice that may be given to the Central Government by a- member before he resigns his office, under that section:
(c) the conditions and limitations subject to which the Authority may appoint officers and other employees under subjection (1) of section 10-;
(d) the terms and conditions subject to which the non-recurring expenditure incurred by the Central Government for or in connection with the purposes of any airport shall be treated as the capital provided by the Central Government to the Authority under clause (c) of sub-section (1) of section 12-;
(e) the manner in which the Authority may invest its funds under section 22-;
(f) the form in which the Authority shall prepare the annual statement of accounts including the profit and loss account and the balance-sheet under section 24-; and
(g) any other matter which is to be or may be prescribed.
(3) Every rule made under this section 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 successive sessions and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule 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.
SECTION 37: POWER OF THE AUTHORITY TO MAKE REGULATIONS
(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 times "and places of the meetings of the Authority and the procedure to be followed for the transaction of business at such meetings under subsection (1) of section 8-;
(b) the conditions of service and the remuneration of officers and other employees appointed by the Authority;
(c) 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;
(d) the storage or processing of goods many warehouse established by the
Authority under clause (d) of sub-section (3) of section 16-and the charging of fees for such storage or processing;
(e) the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the person entitled thereto, under section 30-;
(f) the disposal of any lost property in cases where such property is not restored under section 30-;
(g) securing the safety of aircraft, vehicles, and persons using the airport and preventing danger to the public arising from the use and operation of aircraft in the airport;
(h) preventing obstruction within the airport for its normal functioning;
(i) prohibiting the parking or waiting of any vehicle or carriage within the airport except at places specified by the Authority;
(j) prohibiting or restricting access to any part of the airport;
(k) preserving order within the airport and preventing damage to property therein;
(l) regulating or restricting advertising within the airport;
(m) requiring any person, if so directed by an officer appointed by the Authority in this behalf, to leave the airport or any particular part of the airport; and
(n) generally for the efficient and proper management of the airport.
(1) Any regulation which may be made by the Authority under this Act may be made by the Central Government by notification in the Official Gazette within one year of the constitution of the Authority and any regulation so made may be altered or rescinded by the Authority by means of a regulation made by it under this Act.
(2) No regulation made by the Authority under this Act shall have effect until it has been approved by the Central Government and published in the Official Gazette.
SECTION 39: PENALTY FOR BREACH OF CERTAIN REGULATIONS
Any regulation made under any of the clauses (g) to (m) (inclusive) of subsection (2) of section 37 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.
SECTION 40: POWER TO REMOVE DIFFICULTIES
(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 successive sessions and if before the expiry of the session in which it is so laid or the session immediately following 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.
SECTION 41: AMENDMENT OF ACT 22 OF 1934
In sub-section (2) of section 5 of the Aircraft Act, 1934, for clause (b), the following clause shall be substituted, namely:— "(b) the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained, the prohibition or regulation of the use of unlicensed aerodromes and the fees which may be charged at those aerodromes to which the International Airports Authority Act, 1971 does not apply or is not made applicable; Provided that until the date determined by the Central Government under the proviso to sub-section (2) of section 16 of the International Airports Authority Act, 1971 any rule made under this clause may provide for the charging of fees for providing air traffic services (including aeronautical and flight information services), aeronautical communication and navigational aids and meteorological services at any aerodrome to which the said Act applies or is made applicable;",
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA EMPLOYEES (CONDUCT, DISCIPLINE AND APPEAL) REGULATIONS, 1987
In exercise of the powers conferred by clause (b) of sub-section (2) of Section 37 read with sub-section (2) of Section 10 of the International Airports Authority Act, 1971 (43 of 1971), the International Airports Authority of India, with the approval of the Central Government, hereby makes the following regulations, namely -
REGULATION 1 SHORT TITLE AND COMMENCEMENT
- (1) These regulations may be called the International Airports Authority of India Employees Conduct, (Discipline and Appeal) Regulations, 1987.
(2) They shall come into force on the date of their publication in the Official Gazette.
REGULATION 2 APPLICATION
- These regulations shall apply to all employees, but shall not apply to
(i) those persons who are in casual employment or paid from contingencies, and
(ii) those persons whose terms and conditions of service are governed by the Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946)
REGULATION 3 DEFINITIONS
- In these regulations, unless the context otherwise requires.-
(a) "appellate authority" means the authority specified in Part II of the Schedule,
(b) "Authority" means the International Airports Authority of India,
(c) "Chairman" means the Chairman of the Authority,
(d) "Competent Authority" means the authority empowered by the Authority by general or special order to discharge the functions or exercise the powers of competent authority under these regulations,
(e) "Disciplinary Authority" means the authority specified in Part II of the Schedule and competent to impose any of the penalties specified in Regulation 26,
(f) "Employee" means a person in the employment of the Authority other than casual, work-charged or contingent staffer workman and includes a person on deputation to the Authority,
(g) "Government" means the Central Government,
(h) "Members of Family" in relation to an employee, includes -
(i) the wife or husband, as the case may be, of the employee, whether residing with him or not, but does not include a wife or husband, as the case may be, separate from the employee by a decree of divorce or judicial separation or other order of a competent court;
(ii) sons or daughters or step sons or step-daughters of the employee wholly dependent on him, but does not include a child or step-child who is no longer in any way dependent on the employee or of whose custody the employee has been deprived of by or under any law;
(iii) any other person related, whether by blood or by marriage, to the employee or to such employee's wife or husband, and wholly dependent on such employee;
(i) "Reviewing Authority" means the authority specified in Part II of the schedule; and
(j) "Schedule" means the Schedule appended to these regulations;
(k) "Workman" means a person as defined in clause (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).
REGULATION 4 GENERAL
- (1) Every employee shall at all times-(i) maintain absolute integrity; (ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of him as an employee of the Authority.
(2) Every employee holding a supervisory post shall taken all possible steps to ensure the integrity and devotion to duty of all employees for the time being under his control and supervision.
REGULATION 5 MISCONDUCT
- Without prejudice to the generality of the term "misconduct", the following acts of omission and commission shall be treated as misconduct for the purposes of these regulations, namely:-
(i) theft, fraud or dishonesty in connection with the business or property of the Authority, or property of another person within the premises of the Authority;
(ii) taking or giving bribes or any illegal gratification or any remuneration to which he is legally not entitled;
(iii) possession of pecuniary resources or property disproportionate to the known sources of income by the employee or on his behalf by another person, which the employee cannot satisfactorily account for;
(iv) furnishing false information regarding name, age, father's name, qualifications, previous service or experience, or any other matter in relation to the employment at the time of appointment, or during the course of employment;
(v) acting in any manner prejudicial to the interests of the Authority;
(vi)wilful insubordination or disobedience, of any lawful and reasonable order of his superior;
(vii) absence without leave or overstaying the sanctioned leave for more than four consecutive days without sufficient grounds or satisfactory explanation;
(viii) habitual late coming or irregular attendance;
(ix) neglect of work or negligence in the performance of duty including lingering or slowing down of work;
(x) causing damage to any property of the Authority;
(xi) interference or tampering with any safety device installed in or about the premises of the Authority,
(xii) drunkenness or notous or disorderly or indecent behaviour in the premises of the Authority or outside such premises where such behaviour is related to or connected with the employment,
(xiii) gambling within the premises of the Authority,
(xiv) smoking within the premises of the Authority where it is prohibited,
(xv) collection, without the permission of the competent authority, of any money within the premises of the Authority except as sanctioned by any law or rules of the Authority for the time being in force,
(xvi) sleeping while on duty,
(xvii) commission of any act which amounts to a criminal offence involving moral turpitude,
(xviii) absence from the employee's appointed place of work without permission or sufficient cause,
(xix) purchasing from, or selling to, the Authority properties, machinery, stores or other articles without express permission in writing from the competent authority,
(xx) commission of any act subversive of discipline or of good behaviour,
(xxi) abetment of, or attempt to commit, any act which amounts to misconduct,
(xxii) participating in an illegal strike or abetting, inciting, instigating or acting in furtherance thereof,
(xxiii) wilful damage to works of the Authority in progress, and
(xxiv) failure to wear a uniform or badge, or both, wherever an employee is required to wear a uniform or badge while on duty
Note.- The above instances of misconduct are illustrative in nature, and not exhaustive
REGULATION 6 PROHIBITION AGAINST PARTICIPATION IN POLITICS AND ELECTIONS
- (1) It shall be the duty of every employee to endeavour to prevent any member of his family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity which is, or tends directly or indirectly to be, subversive of the Authority or of the Government as by law established, and where an employee is unable to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Authority
(2) If any question arises whether any movement, or activity falls within the scope of this regulations the same shall be referred to the Authority for decision.
(3) No employee shall contest, or take part in an election to the Parliament or to any state legislature or local authority
Provided that -
(i) an employee qualified to vote at such election may exercise his franchise but, where he does so, he shall give on indication of the manner in which he proposes to vote or have voted,
(ii) an employee shall not be deemed to have contravened the provisions of this regulation by reason only that he assists in the conduct of an election in the due performance of a duty exposed on him by or under any law for the time being in force; and
(iii) the Chairman may be writing permit an employee to offer himself as a candidate for election to a local authority and the employee so permitted shall not be deemed to have contravened the provisions of this regulation.
REGULATION 7 EMPLOYMENT OF NEAR RELATIVES OF THE EMPLOYEE IN ANY COMPANY OF FIRM ENJOYING PARTRONAGE OF THE AUTHORITY
- (1) No employee shall use his official position or influence directly or indirectly to secure employment for any member of his family in any company or firm.
(2) No employee shall, except with the previous sanction of the competent authority, permit a member of his family to accept employment with any company or firm with which he has official dealings, or with any other company or firm, having official dealings with the Authority:
Provided that where the acceptance of the employment cannot await the prior permission of the competent authority, the employment may be accepted provisionally subject to the permission of the competent authority, to whom the matter shall be reported forth- with.
(3) No employee shall, in the discharge of his official duties, deal with any matter or give or sanction any contract to any company or any other person if any member of his family is employed in that company or under that person or if such employee or any member of his family is interested in such matter or contract in any other manner and the employee shall refer every such matter or contract to his official superior and the matter or the contract shall thereafter be disposed of according to the instructions of the authority to whom the reference is made.
REGULATION 8 PROHIBITION ON TAKING PART IN DEMONSTRATIONS
- No employee shall engage himself or participate in any manner in any demonstration which involves incitement to an offence.
REGULATION 9 CONNECTION WITH PRESS OR RADIO
- (1) No employee shall, except with the previous sanction of the competent authority own wholly or in part, or conduct or participate in the editing or management of, any newspaper or other periodical publication.
(2) No employee shall, except with the previous sanction of the competent authority or any other authority specified in this behalf, or in the bonafide discharge of his duties, participate in a radio broadcast or contribute any article or write any latter either in his own name or anonymously, pseudonymously or in the name of any other person to any newspaper or periodical;
Provided that no such sanction shall be required if such broadcast or such contribution is of a purely literary, artistic or scientific character.
REGULATION 10 CRITICISM OF GOVERNMENT AND THE AUTHORITY
- No employee shall, in any radio broadcast or in any article or documents published in his own name or in the name of any other person or in any communication to the press, or in any public utterances, make any statements:-
(a) which has the effect of an adverse criticism of any policy or action of the Central Government or of a State Government or of the Authority, or
(b) which is capable of embarrassing the relations between the Authority and the public.
Provided that nothing in this regulation shall apply to any statement made, or views expressed by an employee which are of a purely factual nature and are not considered to be of a confidential nature, in his official capacity in the due performance of the duties assigned to him,
Provided further that nothing contained in this regulation shall apply to bonafide expression of views by an employee as an office-bearer of a recognised trade union for the purpose of safeguarding the conditions of service of the employees who are members of such trade union or for securing an improvement in the conditions of service of such employees.
REGULATION 11 EVIDENCE BEFORE COMMITTEE OR ANY OTHER AUTHORITY
(1) Save as otherwise provided in sub-regulation (3), no employee shall, except with the previous sanction of the competent authority, give evidence in connection with any enquiry conducted by any person, committee or authority.
(2) Where any sanction has been accorded under sub-regulation (1), no employee giving such evidence shall criticise the policy or any action of the Central Government or of a State Government or of the Authority, as the case may be
(3) Nothing in this regulation shall however apply to.-
(a) evidence given at any enquiry before an authority appointed by the Government, Parliament or a State Legislature or any Corporation or Company,
(b) evidence given in any judicial or magisterial enquiry, or
(c) evidence given at any departmental enquiry ordered by or under the direction of the Government, or of the Authority.
REGULATION 12 UNAUTHORISED COMMUNICATION OF INFORMATION
-No employee shall, except in accordance with any general or special order of the Authority or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly any official document or any part thereof information, to any officer or other employee, or any other person to whom he is not authorised to communicate such document or information.
REGULATION 13 GIFTS
- (1) Save as otherwise provided in these regulations, no employee shall accept, or permit any member of his family or any other person acting on his behalf, to accept any gift
Explanation-For the purposes of this regulation, the expression "gift" shall include free transport, boarding, lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or a personal friend having no official dealings with the employee
Note.- An employee shall avoid acceptance of lavish or frequent hospitality from any individual or company having official dealings with him or with the Authority.
(2) On occasions such as weddings, anniversaries, funerals, or religious functions, when the making of gifts is in conformity with the prevailing religious or social custom or practice, an employee may accept gifts from his near relatives but he shall make a report to the competent authority if the value of any such gift exceeds five hundred rupees.
(3) On occasions as are specified in sub-regulation (2), an employee may accept gifts from his personal friends having no official dealings with him, but shall make a report to the competent authority if the value of any such gift exceeds two hundred and fifty rupees.
(4) In any other case, an employee shall not accept or permit any member of his family or any other person acting on his behalf to accept any gift without the sanction of the competent authority if the value thereof exceeds two hundred and fifty rupees:
Provided that when more than one gift has been received from the same person within a period of 12 months, the matter shall be reported to the competent authority if the aggregate value of the gifts exceeds two hundred and fifty rupees.
REGULATION 14 DOWRY
- No employee shall:-
(i) give or take or abet giving or taking of dowry, or
(ii) demand directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry.
Explanation.-For the purposes of this regulation, 'dowry' has the same meaning assigned to it in the Dowry Prohibition Act, 1961 (28 of 1961).
REGULATION 15 PRIVATE TRADE OR EMPLOYMENT
- (1) No employee shall, except with the previous sanction of the competent authority engage directly or indirectly in any trade or business or undertake any other employment;
Provided that an employee may, without such sanction, undertake honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific character, subject to the condition that his official duties do not thereby suffer.
(2) Every employee shall report to the competent authority if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.
(3) No employee shall, without the previous sanction of the competent authority, except in the discharge of his official duties, take part in the registration, promotion or management of any bank or other company which is required to be registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force or any co-operative society for commercial purposes;
Provided that an employee may take part in the registration, promotion or management of
(i) a literary, scientific or charitable society or club registered under the Societies Registration Act, 1860 (21 of 1860), or a company, or similar organisation registered under the Companies Act, 1956 (1 of 1956), or under any other law for the time being in force, the aims and objects of which relate to the promotion of sports, cultural or recreational activities; or
(ii) a co-operative society, substantially for the benefit of the employees,
registered under the Co-operative Societies Act, 1912 (2 of 1912) or any other law for the time being in force.
(4) No employee shall accept any fee or any pecuniary advantage for any work done by him for any public body or organisation or any private person without previous sanction of the competent authority
REGULATION 16 INVESTMENT, LENDING AND BORROWING
- No employee shall, save in the ordinary course of business with a bank, the Life Insurance Corporation or a company of standing, borrow money from or lend money to or otherwise place himself under pecuniary obligation to any person with whom he has or is likely to have official dealings or permit any such borrowing, lending or pecuniary obligation in his name or for his benefit or for the benefit of any member of his family
REGULATION 17 INSOLVENCY AND HABITUAL INDEBTEDNESS
- (1) An employee shall avoid habitual indebtedness or insolvency unless he proves that such indebtedness or insolvency is the result of circumstances beyond his control and does not proceed from extravagance or dissipation.
(2) An employee who applied to be, or is adjudged or declared insolvent shall forthwith report the fact to the competent authority
REGULATION 18 MOVABLE, IMMOVABLE AND VALUABLE PROPERTY
- (1) No employee shall, except with the previous knowledge of the competent authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale gift or otherwise either in his own name or in the name of any member of his family
(2) No employee shall, except with the previous sanction of the competent authority, enter into any transaction concerning any immovable or movable property with a person or a company having official dealings with the employee or his subordinate
(3) Every employee shall report to the competent authority every transaction concerning movable property owned or held by him in his own name or in the name of a member of his family, if the value of such property exceeds two thousands five hundred rupees.
(4) Every employee shall, on his first appointment in the Authority, submit a return of assets and liabilities in the form specified in Part I of the Schedule giving the particulars regarding-
(a) the immovable property inherited, owned or acquired or held by him on lease or mortgage, either in his own name or in the name of any other person,
(b) shares, debentures, and cash including bank deposits inherited by him or similarly owned, acquired or held by him,
(c) other movable property inherited by him or similarly owned, acquired or held by him if the value of such property exceed two thousand and five hundred rupees,
(d) debts and other liabilities incurred by him directly or indirectly.
(5) Every employee shall, in the month of January each year submit returns of immovable property inherited, owned or acquired by him in the preceding year.
(6) The competent authority may, at any time, by General or Special Orders, require an employee to submit, within a period specified in the order, full and complete statement of such movable or immovable property held or acquired by him or on his behalf or any member of his family as may be specified in the order Such statement shall, if so required by the competent authority, include details of the means by which or the source from which such property was acquired.
Explanation No. 1.- The expression "every transaction concerning movable property owned or held by him" includes all transactions of sale or purchase. For the purposes of this sub-regulation movable property includes:-
(a) jewellery, insurance polices the annual permia of which exceeds Rs. 1,5001- or one-sixth of the total annual emoluments received from the Authority which- ever is less, shares, securities and debentures;
(b) loans advanced by such employee whether secured or not;
(c) motor cars, motor cycles, scooters, horses or any other means of conveyance; and
(d) refrigerators, radios (radiograms and television sets).
Explanation 1- Transaction entered into by the spouse or any other member of the family of any employee of the Authority out of his or her own funds (including stridhan, gifts, inheritance, etc.) as distinct from the funds of the employee of the Authority himself, in his or her own right, would not attract the provisions of the above sub-regulations.
REGULATION 19 CANVASSING OF NON-OFFICIAL OR OTHER INFLUENCE
- No employee shall bring or attempt to bring any outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service in the authority.
REGULATION 20 BIGAMOUS MARRIAGE
- No employee shall-
(a) enter into, or contract, a marriage with a person having a spouse living, or
(b) having a spouse living, enter into, or contract, a marriage with any person; and
(c) An IAAI employee who has married or marries a person other than that of Indian nationality, shall forthwith intimate the fact to the Authority;
Provided that the Authority may permit any employee to enter into or contract, any marriage referred to in clause (a) or (b) if it is satisfied that-
(i) such marriage is permissible under personal law applicable to such employee and the other party to the marriage; and
(ii) there are other grounds for so doing.
REGULATION 21 CONSUMPTION OF INTOXICATING DRINKS AND DRUGS
- (1) An employee shall strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being.
(2) But he shall,-
(a) not be under influence of any intoxicating drink or drug during the course
of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug;
(b) refrain from consuming any intoxicating drink or drug in a public place; (c) not appear in a public place in a state of intoxication; (d) not use any intoxication drink or drug in excess.
Explanation.- For the purposes of this regulation "Public place" means any place or premises (including a conveyance) to which the public have, or are permitted to have access, whether on payment or otherwise
REGULATION 22 ASSISTANCE TO THE POLICE, CUSTOMS ETC
- Every employee, if so directed by his superior officer, shall give all reasonable assistance to the police, customs or such other authorities of the Government and the security staff of the Authority in the performance of their duties
REGULATION 23 SUSPENSION
- (1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Chairman by general or special order may place an employee under suspension-
(a) where a disciplinary proceedings against him is contemplated or is pending, or
(b) where a case against him in respect or any criminal offence is under investigation or trial
(2) An employee who is detained in custody, whether on a criminal charge or otherwise for a period exceeding 48 hours shall be deemed to have been suspended with effect from the date of detention, by an order of the appointing authority and shall remain under suspension until further orders
(3) Where a penalty of dismissal or removal from service imposed upon an employee under suspension is set aside in appeal or on review under these regulations and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal or removal and shall remain in force until further orders
(4) Where a penalty of dismissal or removal from service imposed upon an employee is set aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority, on consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the employee shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal or removal and shall continue to remain under suspension until further orders
(5) An order of suspension made or deemed to have been made under this regulation may at any time be revoked by the authority which made, or is deemed to have made, the order or by any authority to which that authority is subordinate
REGULATION 24 SUBSISTENCE ALLOWANCE
(1) An employee under suspension shall be entitled to draw during the period of suspension, a subsistency allowance equal to 50 per cent of his basic pay provided the disciplinary authority is satisfied that the employee is not engaged in any other employment or business or profession or vocation In addition, he shall be entitled to dearness allowance admissible on such subsistence allowance and any other compensatory allowance of which he was in receipt on the date of suspension provided that the authority which made or deemed to have made the order of suspension is satisfied that the employee continues to meet the expenditure for which the allowance was granted
(2) Where the period of suspension exceeds six months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of first six months as follows -
(i) the amount of subsistence allowance may be increased to 75 per cent of the basic pay and allowance thereon, if in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing, not directly attributable to the employee under suspension; and
(ii) the amount of subsistence allowance may be reduced to 25 per cent of the basic pay and allowance thereon if in the opinion of the said authority, the period of suspension has been prolonged due to the reasons, to be recorded in writing, directly attributable to the employee under suspension.
(3) If an employee is arrested by the police on a criminal charge and bail is not granted, no subsistence allowance is payable, If the bail is granted and the competent authority decides to continue the suspension, the employee shall be entitled to subsistence allowance from the date he is granted bail.
REGULATION 25 TREATMENT OF THE PERIOD OF SUSPENSION
- (1) When the employee under suspension is re-instated, the competent authority may grant to him following pay and allowances-
(a) If the employee is exonerated and not awarded any of the penalties mentioned in Regulation 26, the full pay and allowances which he would have been entitled to if he had not been suspended, less the subsistence allowance already paid to him; and
(b) if otherwise, such proportion of pay and allowances as the competent authority may specify.
(2) In a case falling under clause (a), the period of absence from duty shall be treated as the period spent on duty. In a case falling under clause (b), the period of absence from duty shall not be treated as a period spent on duty unless the competent authority so directs.
REGULATION 26 PENALTIES
- The following penalties may be imposed on an employee, as hereinafter provided, for misconduct committed by him or for any other good and sufficient reasons- Minor Penalties:-
(a) Censure;
(b) Withholding of increment of pay with or without cumulative effect;
(c) Withholding of promotion;
(d) Recovery from pay of the whole or part of any pecuniary loss caused to the Authority by the negligence or breach of orders or such other amount as may be due to him.
Major Penalties:-
(e) Reduction to a lower grade or post, or to a lower stage in a time scale;
(f) Removal from service which shall not be a disqualification for future employment;
(g) Dismissal.
Explanation.-The following shall not amount to a penalty within the meaning of this regulation;-
(i) withholding of increment of an employee on account of his work being
found unsatisfactory or not being of required standard, or for failure to pass a prescribed test or examination,
(II) stoppage of an employee at the efficiency bar in a time scale, on the ground of his unfitness to cross the said bar,
(III) non-promotion, whether in an officiating capacity or otherwise, of an employee to a higher post for which he may be eligible for consideration but for which he is found unsuitable after consideration of his case,
(iv) reversion to a lower grade or post, of an employee officiating in a higher grade or post, on the ground that he is considered, after trial, to be unsuitable for such higher grade or post, or on administrative grounds unconnected with his conduct,
(v) reversion to his services grade or post of an employee appointed on probation to another grade or post, during or at the end of the period of probation, in accordance with the terms of his appointment,
(vi) termination of service,-
(a) of an employee appointed on probation during or at the end of the period of probation, in accordance with the terms of his appointment,
(b) of an employee appointed in a temporary capacity otherwise than under a contract
or agreement, on the expiration of the period for which he was appointed, or earlier, in accordance with the terms of his appointment,
(c) of an employee appointed under a contract or agreement, in accordance with the terms of such contract or agreement, and
(d) of any employee on reduction in establishment
REGULATION 27 POWER TO IMPOSE PENALTIES
- The disciplinary authority or any authority to which it is subordinate, may impose any of the penalties specified in Regulation 26 on an employee
REGULATION 28 Procedure for imposing major penalties
- (1) No order imposing any of the major penalties specified in clauses (e), (f) and (g) of Regulation 26 shall be made except after an enquiry held in the manner hereinafter provided
(2) Where the disciplinary authority to an authority to which it is subordinate is of the opinion that there are grounds for inquinng into the truth of any imputation of misconduct or misbehaviour against an employee, it may by itself enquire into, or appoint any officer of the Authority (hereinafter referred to as the inquiring authority) to inquire into the truth or otherwise thereof
(3) Where it is proposed to hold an inquiry, the disciplinary authority or an authority to which it is subordinate shall frame definite charges on the basis of the allegations against the employee The articles of charges, together with a statement of the allegation, on which they are based, a list of documents by which and a list of witnesses by whom, the charges are proposed to be established shall be communicated in writing to the employee, who shall be required to submit within such time as may be specified by the disciplinary authority (not being less than 15 days from the date of receipt of the communication), a written statement whether he admits or denies all or any of the charges
(4) On receipt of the written statement of the employee or if no such statement is received within the time specified, an enquiry may be held by the disciplinary authority itself, or by any other officer of the authority appointed as an inquiring authority under sub-regulation (2):
Provided that it may not be necessary to hold an inquiry in respect of the charges admitted by the employee in his written statement. The disciplinary authority shall, however, record its findings on each such charge.
(5) Where the disciplinary authority itself inquires or appoints an inquiring authority for holding an inquiry, it may by an order appoint an employee (herein after referred to as the presenting officer) to present on its behalf the case in support of the articles of charge.
(6) The employee may take the assistance of any other employee of the Authority posted in any office either at his headquarters or at the place where the enquiry is held, to present the case on his behalf but may not engage a legal practitioner for the purpose, unless the presenting officer appointed by the disciplinary authority is a legal practitioner, or, the disciplinary authority having regard to the circumstances of the case, so permit:
Provided that the employee may take the assistance of any other employee posted at any station, if the inquiring authority having regard to the circumstances of the case, and for reasons to be recorded in writing so permits.
Note.- An employee shall not take the assistance of any other Authority's employee who has two pending disciplinary cases on hand in which he has to function as defence assistant.
(7) On the date fixed by the inquiring authority, the employee shall appear before the inquiring authority at the time, place and date specified in the notice. The inquiring authority shall ask the employee whether he pleads guilty, or has any defence to be made, and if he pleads guilty to any of the charges, the inquiring authority shall record the plea, sign the record and obtain the signature of the employee concerned thereon. The inquiring authority shall return a finding of guilt in respect of those charges to which the employee concerned pleads guilty.
(8) If the employee does not plead guilty, the inquiring authority shall adjourn the case to a later date not exceeding thirty days, after recording an order that the employee may, for the purpose of preparing his defence;
(i) inspect the documents listed with the charge sheet;
(ii) submit a list of additional documents and witnesses that he wants to examine; and
(iii) be supplied with copies of the statements of witnesses, if any listed in the charge sheet. Note.- Relevancy of the additional documents and the witnesses referred to in clause (ii) of this sub-regulation will have to be explained by the employee concerned and the documents shall be called for and the witnesses shall be summoned, if the inquiring authority is satisfied about their relevance to the charges under inquiry.
(9) The inquiring authority shall by notice require the authority in whose custody or possession the documents are kept, for the production of the documents on such date as may be specified.
(10) The authority which has in its custody or possession the requisitioned documents shall arrange to produce the same before the inquiring authority on the date, place and time specified in the notice of requisition.
Provided that the authority having the custody or possession of the requisitioned documents may claim privilege if the production of such documents will be against the public interest or the interest of the Authority. In that event, it shall inform the inquiring authority accordingly
(11) On the date fixed for the inquiry, the oral and documentary evidence by which the charges are proposed to be proved shall be produced by or on behalf of the disciplinary authority The witnesses shall be examined by or on behalf of the presenting officer and may be cross-examined by or on behalf of the employee The presenting officer shall be entitled to reexamined the witnesses on any points on which they have been cross-examined, but no on a new matter, without the leave of the inquiring authority The inquiring authority may also put such questions to the witnesses as it thinks fit.
(12) Before the close of the case for the disciplinary authority, the inquiring authority may, in its discretion, allow the presenting officer to produce evidence not included in the charge-sheet or may itself call for new evidence or recall or re-examine any witness. In such case, the employee shall be given an opportunity to inspect the documentary evidence before it is taken on record or to cross-examine a witness, who has been so summoned.
(13) When the case for the disciplinary authority is closed, the employee may be required to state his defence, orally or 111 writing as he may prefer. If the defence is made orally, it shall be recorded and the employee shall be required to sign the record. In either case a copy of the statement of defence shall be given to the presenting officer, if any
(14) The evidence on behalf of the employee shall then be produced. The employee may examine himself in support of his case if he so prefers The witnesses produced by the employee shall then be examined and shall be liable to cross-examination re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the disciplinary authority
(15) The inquiring authority may, after the employee closes his case, and shall, if the employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.
(16) After the completion of the evidence, the employee and the presenting officer may file written briefs of their respective cases within 15 days of the date of completion of the evidence.
(17) If the employee does not submit the written statement of defence deferred to in sub-regulation (3) on or before the date specified for the purpose or does not appear in person, or though the assisting officer or otherwise fads or refuses to comply with any of the provisions of these regulations, the inquinng authority may hold the enquiry ex-parte.
(18) Whenever any inquinng authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor or partly recorded by its predecessor and partly recorded by itself
Provided that if the succeeding inquiring authority is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided
(19)(i) After the conclusion of the inquiry, a report shall be prepared and it shall contain -(a) a gist of the charges and the statement of the imputations of misconduct or misbehaviour,
(b) a gist of the defence of the employee in respect of each charge, (c) an assessment of the evidence in respect of each charges, and (d) the findings on each charge and the reasons therefor
Explanation - (i) If in the option of the inquiring authority the proceedings of the inquiry establish any charge different from the original charges, it may record its findings on such charge Provided that the findings on such charge shall not be recorded unless the employee has either admitted the facts on which such charge is based or has had a reasonable opportunity of defending himself against such charge
(ii) The inquiring authority, where it is not by itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include -
(a) the report of the inquiry prepared by it under sub-clause (i),
(b) the written statement of defence, if any submitted by the employee referred to in sub-regulation (13),
(c) the oral and documentary evidence in the course of the inquiry,
(d) written briefs referred to in sub-regulation (16), if any, and
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry
REGULATION 29 ACTION ON THE INQUIRY REPORT
- (1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded in writing remit the case to the inquiring authority for fresh or further inquiry and report, and the inquiring authority shall thereupon proceed to hold further inquiry according to the provisions of Regulation 28 as far as maybe
(2) The disciplinary authority shall, if it disagrees with the findings of the inquiry authority on any charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose
(3) If the disciplinary authority, having regard to its findings on all or any of the charges, is of the opinion that any of the Penalties specified in Regulation 26 should be imposed on the employee, it shall, notwithstanding anything contained in Regulation 30, make an order imposing such penalty
(4) If the disciplinary authority, having regard to its findings on all or any of the charges, is of the opinion that no penalty is called for, it may pass an order exonerating the employee.
REGULATION 30 PROCEDURE FOR IMPOSING MINOR PENALTIES
- Where it is proposed to impose any of the minor penalties specified in clauses (a) to (d) of Regulation 26, the employee shall be informed in writing of the imputations of misconduct or misbehaviour against him and given an opportunity to submit his written statement of defence within a specified period (not being less than 15 days from the date of receipt of statement of imputations). The defence statement, if any, submitted by the employee shall be taken into consideration by the disciplinary authority before passing orders.
(2) The record of the proceedings shall include-
(i) a copy of the statement of imputations of misconduct or misbehaviour delivered to the employee;
(ii) his defence statement, if any ; and
(iii) the orders of the disciplinary authority together with the reasons therefor.
REGULATION 31 COMMUNICATION OF ORDERS
- Orders made by the disciplinary authority under Regulation 29 or Regulation 30, as the case may be, shall be communicated to the employee concerned, who shall also be supplied with a copy of the report of inquiry, if any.
REGULATION 32 COMMON PROCEEDINGS
- Where two or more employees are concerned in a case, the authority competent to impose a major penalty on all such employees may make an order directing that the disciplinary proceedings against all of them may be taken in a common proceeding.
REGULATION 33 SPECIAL PROCEDURE IN CERTAIN CASES
- Notwithstanding anything contained in Regulations 28, 29 and 30 the disciplinary authority may impose any of the penalties specified in Regulation 26 in any of the following circumstances, namely:-
(i) where the employee has been convicted on a criminal charge or on the strength of facts or conclusions arrived at by a judicial trial; or
(ii) where the disciplinary authority is satisfied for reasons to be recorded in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these regulations; or
(iii) where the disciplinary authority is satisfied that in the interest of the security of the Authority it is not expedient to hold any inquiry in the manner provided in these regulations.
REGULATION 34 EMPLOYEES ON DEPUTATION FROM THE CENTRAL GOVERNMENT OR THE STATE GOVERNMENT ETC
- (1) Where an order of suspension is made or disciplinary proceeding is taken against an employee, who is on deputation to the Authority from the Central or State Government or a public undertaking or a local authority, the authority lending his services (hereinafter referred to as the "lending authority") shall forthwith be informed of the circumstances leading to the order of his suspension, or the commencement of the disciplinary proceedings as the case may be.
(2) In the light of the findings in the disciplinary proceedings taken against such employee-
(a) if the disciplinary authority is of the opinion that any of the minor penalties should be imposed on him, it may pass such orders in the case as it deems necessary after consultation with the lending authority:
Provided that in the event of a difference of opinion between the disciplinary authority
and the lending authority; the services of the employee shall be placed at the disposal of the lending authority
(b) if the disciplinary authority is of the opinion that any of the major penalties should be imposed on him, it should replace his services at the disposal of the lending authority and transmit to it the record of proceedings of the enquiry for such action as the lending authority may deem necessary.
(3) If the employee submits an appeal against an order imposing a minor penalty on him under clause (a) of sub-regulation (2) it shall be disposed of after consultation with the lending authority;
Provided that if there is difference of opinion between the disciplinary authority and the lending authority the services of the employee shall be placed at the disposal of the lending authority and the records of the proceedings of the case shall be transmitted to that authority for such action as it deems necessary.
REGULATION 35 APPEAL
- (1) An employee may appeal against an order imposing upon him any of the penalties specified in Regulation 26 or against the order of suspension referred to in Regulation 23.
(2) An appeal shall be preferred within one month from the date of receipt of the order appealed against. The appeal shall be presented to the appellate authority with a copy to the authority whose order is appealed against. The authority whose order is appealed against shall forward the copy of appeal together with its comments and the records of the case to the appellate authority within 15 days of the receipt of appeal. The Appellate authority shall consider whether the findings are justified or whether the penalty is excessive or inadequate and pass appropriate orders within three months of the date of appeal. The appellate authority may pass order confirming, enhancing, reducing or setting aside the penalty or remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case: Provided that if enhanced penalty which the appellate authority propose to impose is a major penalty specified in clauses (e), (f) or (g) of Regulation 26 and an inquiry as provided in Regulation 28 has not already been held in the case, the appellate authority shall direct that such an inquiry be held in accordance with the provisions of Regulation 28 and thereafter consider the record of the inquiry and pass such orders as it may deem proper. If the appellate authority decides to enhance the punishment but an enquiry has already been held as provided in Regulation 28, the appellate authority shall issue a show-cause notice to the employee as to why the enhanced penalty should not be imposed upon him. The appellate authority shall pass final order after taking into account the representation, if any, submitted by the employee.
(3) Notwithstanding anything contained in this regulation no appeal shall lie against an order made by the authority.
REGULATION 36 REVIEW
- Notwithstanding anything contained in these regulations, the reviewing authority may call for the record of the case within six months of the date of the final order and after reviewing the case pass such orders thereon as it may deem fit:
Provided that if enhanced penalty, which the reviewing authority proposes to impose, is a major penalty specified in clauses (e), (f) or (g) of Regulation 26 and an inquiry as provided under Regulation 28 has not already been held in the case, the reviewing authority shall direct that such an inquiry be held in accordance with the provisions of Regulation 28 and thereafter consider the record of the enquiry and pass such orders as it may deem proper. If the reviewing authority decides to enhance the punishment, but an inquiry has already been held in accordance with the provisions of Regulation 28 the reviewing authority shall issue a show cause notice to the employee as to why the enhanced penalty should not be imposed upon him. The reviewing authority shall pass final order after taking into account the representations, if any, submitted by the employees.
REGULATION 37 SERVICE OF ORDERS, NOTICE ETC
- Every order, notice and other process made or issued under these regulations shall be served in person on the employee concerned or communicated to him by registered post at his last known address with acknowledgement due.
REGULATION 38 POWER TO RELAX TIME-LIMIT AND TO CONDONE DELAY
- Save as otherwise expressly provided in these regulations the authority competent under these regulations to make any order may, for good and sufficient reasons extended the time specified in these regulations for anything required to be done under these regulations or condone any delay.
REGULATION 39 REMOVAL OF DOUBTS
- Where a doubt arises as to the interpretation of any of these regulations, the matter shall be referred to the Authority for decision.
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA (EMPLOYEES CONTRIBUTORY FUND AND FAMILY PENSION FUND) REGULATIONS, 1982
12th November, 1982
STATEMENT OF OBJECTS AND REASONS The international airports at Delhi, Bombay, Calcutta and Madras are the aerial gateways of India, and are becoming increasing important in developing India's trade and tourism. Owing to the rapid growth of traffic, and the increasing impact of technological development in the shape of large capacity sub-sonic and super-sonic jet aircraft the organisation and management of these four international airports will assume increasing importance in the years to come. 2. To determine and advise Government on the action required to be taken to provide these international airports with the buildings, equipment, facilities and organisation necessary to cater to the needs of passengers and goods traffic, baggage and cargo handing, and other related matters, a high powered International Airports Committee was appointed in July, 1967 under the Chairmanship of Shri J.R.D. Tata. The Committee has made a number of recommendations for the phased development of the four international airports spread over a period of fifteen years, corresponding to three Five Year Plans commencing from April, 1969. The recommendations of the Committee would involve an estimated total expenditure of Rs. 106.12 crore-Rs. 63.56 crore to be spent in the Fourth Plan (1969-74), Rs. 35.54 crore in the Fifth Plan (1974-79) and the balance of Rs. 7.02 crore to spill over to the Sixth Plan. A provision of about Rs. 37.00 crore (excluding Rs. 10 crore for provision of communication and navigational aids) has been made for the aforesaid four international airports in the Fourth Five Year Plan of the Civil Aviation Department. 3. An important point made by the Committee is that the success in spending effectively the large outlays for the creation of the new airport facilities will depend largely on the speed and flexibility with which the project is launched and administered keeping in view the compulsions of Government procedures, the Committee urged that a Corporation should be set up under the Indian Companies Act, and all the present and future assets of the four international airports placed under its ownership and management, except for the functions of aeronautical communication, navigation and air traffic services as well as weather forecasting services which should continue to be under the control of the Departments of Civil Aviation and Meteorology respectively. In the opinion of the Committee, only a commercially oriented organisation with sufficient flexibility and autonomy in financial matters, and freed from the requirements of regular Government procedures, would be able to provide the drive and speed so necessary for the quick development and business-like management of these airports. A sub-Committee appointed by the International Airports Committee in this regard had come to the definite conclusion that the creation of an autonomous Airport Authority would not cause any additional burden or liability on the Central Government budget and would in fact have definite functional advantages. 4. The proposed Airports Authority will be engaged in creating, maintaining and providing, services and facilities, rather than in the production of or trade in goods. For the purposed of coordination with various Government agencies, a Joint Stock Company under the Indian Companies Act may be ill-suited. The decision of Government on the recommendations of the Administrative Reforms Commission is that the statutory corporation form is preferable for enterprises providing public utilities which are primarily intended to develop basic infrastructure facilities, as is the case here. It is accordingly proposes to constitute a statutory Authority for the development and management of the four international airports of Delhi, Bombay. Calcutta and Madras. Power has also been conferred on the Central Government to apply the provisions of the Act to any other airport where international air transport services are operated or are intended to be operated. 5. The Bill seeks to achieve the above object. 6. The notes on clauses appended to the Bill explain the more important, provisions of the Bill. New Delhi The 15th May, 1971. Karan Singh. [Gazette of India, Extraordinary Pt. II. S. 2, dated 15-5-1971 pp. 412-13].
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA NOTIFICATION New Delhi, the
1No. PERS/1114/75-Vol.3-In exercise of the powers conferred by clause (b) of sub-section (2) of section 37 of the International Airports Authority Act, 1971 (43 of 1971), the International Airports Authority of India, hereby makes with the previous approval of the Central Government, the following Regulations, namely :-
REGULATION 1 SHORT TITLE, COMMENCEMENT AND APPLICATION
- (1) These Regulations may be called the International Airports Authority of India (Employees Contributory Provident Fund and Family Pension Fund) Regulations, 1982.
Comments-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. Without prejudice to the generality of the foregoing power, such regulations may provide for,-
(a) the times and places of the meetings of the Authority and the procedure to be followed for the transaction of business at such meetings under subsection (1) of section 8-;
(b) the conditions of service and the remuneration of officers and other employees appointed by the Authority :
(c) 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 ;
(d) the storage or processing of goods in any warehouse established by the Authority under clause (d) of sub-section (3) of section 16-and the charging of fees for such storage or processing;
(e) the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the person entitled thereto under section 30-;
(f) the disposal of any lost property in cases where such property is not restored under section 30-;
(g) securing the safety of aircraft, vehicles, and persons using the airport and
preventing danger to the public arising from the use and operation of aircraft in the airport ;
(h) preventing obstruction within the airport for its normal functioning;
(i) prohibiting the parking or waiting of any vehicle or carriage within the airport except at places specified by the Authority;
(j) prohibiting or restricting access to any part of the airport ;
(k) preserving order within the airport and preventing damage to property therein:
(l) regulating or restricting advertising within the airport :
(m) requiring any person, if so directed by an officer appointed by the Authority in this behalf, to leave the airport or any particular part of the airport : and
(n) generally for the efficient and proper management of the airport.] (Section 37 of International Airports Authority Act, 1971-).
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) They shall apply to all employees of the Authority regularly appointed to its service but shall not apply to employees on deputation of the Authority.
REGULATION 2 DEFINITIONS
- (a) 'Act' means the International Airports Authority Act, 1971-;
(b) 'Authority' means the International Airports Authority of India established under section 3-of the Act ;
(c) 'Board' means the Board of Trustees constituted under these regulations;
(d) 'Chairman' means the Chairman of the International Airports Authority of India;
(e) 'Contribution' means any contribution payable in respect of a member under these Regulations by the Authority as an employer ;
(f) 'Family' for the purpose of the International Airports Authority of India Contributory Provident Fund means :-
(i) in the case of a male member, the wife or wives, children whether married or unmarried, dependent parents and a pre-deceased son's widow and children. Provided that if a member proves that his wife has been judicially separated from him or has ceased under the customary or personal law of the community to which she belongs, to be entitled to maintenance, she shall thenceforth be deemed to be no longer a part of the member's family in matters to which these regulations relate, unless the member subsequently intimates in writing to the Board that she shall continue to be so regarded;
(ii) in the case of a female member, her husband, her children whether
married or unmarried, her dependent parents, her husband's dependent parents and a pre-deceased son's widow and children. Provided that if a member by notice in writing to the Board expresses her desire to exclude her husband from her family the husband and his dependent parents shall thenceforth be deemed to be no longer a part of the member's family in matters to which these regulations relate, unless the member subsequently cancels such notice in writing.
Note.-In either of the above two cases, 'Child' means a legitimate child, and includes an adopted child, where adoption is recognised by the personal law governing the member. If the child of a member has been adopted by another person and under the personal law of the adopter, adoption is legally
recognised, such a child shall be considered as excluded from the family of the member ;
(g) 'Family' for the purpose of International Airports Authority of India Family Pension Fund means,-
(i) wife in the case of male member of the Family Pension Fund :
(ii) husband in the case of a female member of the Family Pension Fund ; and
(iii) minor sons and unmarried daughters of a member the Family Pension Fund.
Explanation :-The expression "sons" and "daughters" shall include children adopted legally before death in service.
(h) 'family pension' means a regular monthly amount payable to a person belonging to the family of the member of the Family Pension Fund, in the event of his death during the period of reckonable service ;
(i) 'foreign service' means service in respect of which an employee of the Authority receives his pay and other emoluments with the sanction of the Authority from any employer other than the Authority ;
(j) 'Member' means an employee of the Authority who is required or is entitled to become a member of the Provident or Family Pension Fund.
(k) 'Provident Fund' means the International Airports Authority of India Employees Contributory Provident Fund under these Regulations.
(l) 'Pay' includes basic pay and where admissible special pay or personal pay, dearness pay and dearness allowance but does not include any other allowance to which the employee may be entitled ;
(m) 'President' means the President of the Board ;
(n) 'reckonable service' means service rendered by a member of the Family Pension Fund in respect of which contributions are payable under this Scheme;
(o) 'Secretary' means the Secretary of the Board ;
(p) 'subscription' means a subscription to the Provident Fund made by a member;
(q) Trustee' means a member of a Board of the trustees : and
(r) year' means the financial year of the International Airports Authority of India beginning on the 1st day of April.
REGULATION 3 BOARD OF TRUSTEES
- (1) The Fund established under these regulations shall be administered by the Board of Trustees consisting of the following members namely :-
(a) Director (Finance and Accounts), who will be the ex-officio President;
(b) Deputy Director (Personnel) who will be an ex-officio Trustee:
(c) Deputy Director (Finance and Accounts) who will be an ex-officio Trustee; and
(d) two representatives of the employees to be nominated by the Chairman from amongst the members of the Fund in consultation with the employees.
(2) An Officer in the Head Office of the Authority nominated by the Chairman shall be the Secretary to the Board. The Secretary shall have the assistance of such staff provided by the Authority as the Chairman may, from time to time, determine. It shall be the duty of the Secretary to convene meetings of the Board ; keep records thereof, take necessary steps to ensure proper maintenance of accounts and to carry out the decisions of the Board.
REGULATION 4 TERM OF OFFICE
- (1) Every Trustee, other than an ex-offlcio trustee, shall subject to these regulations, hold office for a period of two years commencing from the date on which the nomination is made ;
(2) Where any casual vacancy occurs in the office of a Trustee (other than an ex-officio Trustee), the Chairman may nominate a member of the Fund as Trustee to fill such vacancy in consultation with the employees and any trustee so nominated shall hold office for the unexpired term of office of the Trustee in whose place he is so nominated.
(3) An out-going Trustee shall be eligible for re-nomination.
REGULATION 5 RESIGNATION AND CESSATION OF TRUSTEE
- (1) A Trustee other than an ex-officio Trustee, may resign his office by a letter addressed to the Chairman and his office shall become vacant from the date on which the resignation is accepted by the Chairman.
(2) If a Trustee other than an ex-officio Trustee falls to attend three consecutive meetings of the Board, without obtaining leave of absence from the President, he shall cease to be a Trustee :
Provided that the Board may of its own motion or on an application made by such Trustee in this behalf restore a Trustee to his office if it is satisfied that there were reasonable grounds for the absence.
REGULATION 6 DISQUALIFICATIONS FOR TRUSTEESHIP AND REMOVAL
- (1) A person shall be disqualified for being a Trustee, under clause (a) of sub-regulation (1) ofRegulation 3-.
(i) if he is an undischarged insolvent ;
(ii) if he is declared to be of unsound mind by a competent court;
(iii) if he has been convicted of an offence involving moral turpitude;
(iv) If he ceases to be an employee of the Authority or if he ceases for any reason to be a member of the Fund.
(2) If any question arises whether any person is disqualified under sub-regulation (1), it shall be referred to the Chairman whose decision on the question shall be final.
(3) The Authority may remove from office any Trustee other than ex-officio Trustee, if in his opinion such Trustee has ceased to represent the interest which he purports to represent on the Board after giving him reasonable opportunity of making any representation against the proposed action.
REGULATION 7 MEETINGS
- (1) The Board shall meet at New Delhi or at such place and at such time as may be appointed in this behalf by the President. The President may whenever he thinks fit, and shall within 15 days of the receipt of a requisition in writing from not less than 3 Trustees, call for a meeting of the Board.
(2) Notice of not less than fifteen days in respect of a meeting of the Board shall be given to every Trustee :
Provided that when the President calls for a meeting for consideration of any matter which in his opinion is urgent at a notice shorter than fifteen days, such shorter notice shall be deemed to be sufficient notice for the purpose of this regulation.
(3) The President shall preside at every meeting of the Board. In his absence, the Trustees shall elect one of the members present to preside at the meeting and the person so elected shall have all the powers of the President at such meeting.
REGULATION 8 QUORUM
- (1) No business shall be transacted at a meeting of the Board unless at least three Trustees are present of whom at least one shall be from among those nominated under clause (d) of sub regulation (1) of Regulation 3-.
(2) If at any meeting a quorum is not present the President shall adjourn the meeting informing the Trustees of the time and place of the adjourned meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting, irrespective of the number of Trustees present thereat.
(3) Every question considered at a meeting of the Board shall be decided by a majority of votes of the Trustees present and voting and in the even of an equality of votes the President shall have and shall exercise a second or casting vote.
REGULATION 9 MINUTES OF THE MEETING
-The minutes of the meeting of the Board shall be kept by the Secretary of the Board.
On the confirmation of such minutes, with or without modifications at the next meeting of the Board, the minutes so confirmed shall be recorded in the minute book and signed by the President and the minutes so recorded and signed shall be the proof of the correctness thereof.
REGULATION 10 FEES AND ALLOWANCES
- (1) All expenses relating to the administration of the Fund including the pay and allowances of the staff appointed for the purpose of administering the Fund shall be borne by the Authority and shall not be charged to the Fund.
(2) The grant of travelling allowance to a Trustee in respect of journeys performed by him for attending the meeting of the Board shall be governed by the regulations applicable to him for journeys performed on official duty and shall be paid by the Authority.
REGULATION 11 INTERNATIONAL AIRPORTS AUTHORITY OF INDIA EMPLOYEES CONTRIBUTORY PROVIDENT FUND SCHEME CONSTITUTION OF THE FUND
- (1) The Authority shall constitute a Fund to be called the International Airports Authority of India Contributory Provident Fund.
(2) The Fund shall be maintained in rupees subject to these Regulations.
(3) The Fund shall constitute an irrevocable trust for the benefit of the members thereof.
REGULATION 12 ASSETS OF THE FUND
-The Fund shall consist of,-
(a) contributions to be made by the Authority and subscriptions to be made by the members in terms of these Regulations ;
(b) Interest which may accrue on such contributions and subscriptions;
(c) balance transferred from any other Provident Fund where such transfers are authorised by the Board :
(d) moneys lapsed to the fund in accordance with the provisions of these Regulations:
(e) securities purchased with Fund acepetions and any capital gains arising from the transfer of capital assets of the Fund.
REGULATION 13 MEMBERSHIP OF THE FUND
-Every regular employee of the Authority shall be entitled and required to become a member of this fund from the beginning of the month following the date on which he completes six months continuous service or has actually worked for not less than 120 days within a period of six months or less.
Explanation :
(a) If an employee has been a member of a Contributory Provident Fund covered under the Employees Provident Fund Scheme, 1952 or any other Provident Fund established by Central or State Government and/or any other Provident Fund recognised under the Income Tax Act, 1961 and has not withdrawn the Provident Fund amount standing to his credit at the time of
his joining the Authority, he shall be eligible to become a member of the Fund from the date of his appointment.
(b) The Pensioners and superannuated persons of the State/Central Government departments will become members of the fund from the date of their appointment provided that their employment is not less than one year or is extended for one year or more.
(c) The persons appointed on contract basis shall not be eligible to become members of the fund unless their contract of appointment specifically provides for the same.
REGULATION 14 AGREEMENT TO BE EXECUTED BY MEMBERS
-Every employee on becoming a member of the Fund shall execute an agreement in the enclosed Form B.
REGULATION 15 RATES OF SUBSCRIPTION AND CONTRIBUTION
- (1) Every member shall subscribe to the Fund each month at the rate of 8 per cent of the pay earned by him for the month.
A member may increase his subscription to any rate not exceeding twenty five per cent of the pay earned for the month.
Provided that such enhancement shall be given effect to from the subscription which has under these regulations to be treated as the subscription of the first month of a financial year.
Explanation Note :-The pay for the purpose of determining the rate of subscription to Contributory Provident Fund by re-employed employees shall be the pay plus pension and other retirement benefits taken into account at the time of fixation of their re-employment pay. The maximum amount for this purpose is, however, not to exceed the maximum of the scale of the post held by the employee concerned. Dearness Allowance shall be taken into account in addition.
(2) The Authority shall contribute to the Fund every month an amount equal to the amount subscribed by each of the members, but in any case not exceeding 8 per cent of the pay earned by the member during that month as the employer's contribution to the Fund.
(3) Subscriptions and contributions shall be rounded off to the nearest rupee, 50 paise or more to be counted as the next higher rupee.
REGULATION 16 REALISATION OF SUBSCRIPTION
- (1) When pay is drawn by a member from the Authority, recovery on account of such subscription and of the principal and the interest of any advance shall be made from the pay itself.
(2) When a member is on foreign service and receives his salary from the foreign employer, it shall be incumbent on him to remit his monthly subscriptions to the President. The Authority's contributions payable in respect of the period of foreign employment be recovered by the Authority from the Member. Amount payable by the member may be mutual agreement be recovered by the foreign employer from his pay and remitted to the President.
REGULATION 17 ADMINISTRATION OF FUND, ACCOUNTS AND AUDIT
- (1) The total amounts received as the employer's contributions and towards the employees subscriptions to the Fund shall be credited to respective accounts.
(2) All amount lapsed to the Fund and not profits or losses, if any, from the sale of the investments, shall be transferred to the 'Lapsed Account'.
(3) All interests, rent and other income accrued or realised, as the case may be, shall be credited to an account to be called the interest income Account'.
(4) All moneys belonging to the fund shall be deposited in the manner specified underrule 67 of the Income Tax Rules, 1962-and amendment thereof from time to time.
(5) The accounts of the Fund shall be audited by the authority auditing the accounts of the Authority.
REGULATION 18 INTEREST
-The Board shall as soon as possible after the expiry of every year,-
(i) notify the rate at which the interest shall be allowed during the year on all deposits standing to the credit of every member of the Fund which shall be the same rate as determined by the Central Government for the Contributory Provident Fund for their employees.
(ii) prepare an account of the total interest accrued and received on the investment of the Fund during that year ; and
(iii) credit the amount of interest due to every member on the balance standing to his credit in the Fund on the 31st day of March of each year. Provided that in the case of the member ceasing to be such member before the accounts of the year are closed interest shall be allowed at the rate fixed for the preceding year upto the end of the month preceding that in which the payment is made.
REGULATION 19 MEMBER'S ACCOUNTS
- (1) An individual account for each member shall be maintained in the form prescribed by the Board and allotted a separate number. Accounts shall be maintained at the Headquarters or at the respective Airport where the member is working as may be prescribed by the Board.
(2) As soon as may be after the close of the year, every member shall be supplied with a statement of his account showing therein the opening balances for the year of subscriptions and contributions to the credit of his account including interest thereon, the amount of subscriptions and contributions for the year, the interest credited to his account for the year and the total amounts of subscriptions and contributions including interest thereon to his credit at the end of the year.
(3) Every member shall send the acceptance of the statement of his account duly signed by him after satisfying himself as to the correctness of the entries made therein, not later than two months from the date of receipt thereof.
(4) An abstract for the year of the individual account of each member in respect of whom a return is required to be furnished under theIncome Tax Rules, 1962-shall be furnished to the Income Tax Officer concerned in such form and within such dates as may be required by the provisions of the said Rules.
REGULATION 20 NOMINATIONS
- (1) Every member shall, as soon as possible after joining the Fund, make a nomination in the form that may be prescribed by the Board conferring upon one or more persons the right to receive the amount which may stand to his credit in the Fund in the event of his death before that amount has become payable or having become payable has not been actually paid :
Provided that if at the time of making the nomination, the member has a family, the nominations shall not be in favour of any person or persons other than the member of his family.
(2) If a member nominates more than one person under sub-regulation (1) he shall specie in the nomination form the amount or share payable to each of the nominees in such manner as to cover the whole amount which may stand to his credit in the Fund at any time.
(3) A member may at any time cancel or modify a nomination by notice in writing:
Provided that the member shall, alongwith such notice, a fresh nomination made in accordance with the provisions of this regulation in the form that may be prescribed by the President.
(4) A member may provide in a nomination form.-
(a) that in the event of any specified nominee predeceasing the member, the right conferred upon that nominee shall pass on to such other person or persons as may be specified in the nomination:
Provided that where the member has a family, such other nominee shall also be a member of the family,
Provided also, that where the member has no family, the provisions of the proviso to sub-clause (b) shall apply.
(b) that the nomination shall become invalid in the event of the happening of a contigency specified therein :
Provided that if at the time of making the nomination the member has no family, he shall provide in the nomination that it shall become invalid in the event of his subsequently acquiring a family.
(5) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) sub-regulation (4), or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of sub-regulation (4), the member shall send to the Secretary or any other specified by the President a notice in writing canceling the nomination together with a fresh nomination made in accordance with the provisions of this regulation.
(6) Every nomination made, and every notice of cancellation given, by a member shall be communicated to the Secretary or any other officer that may be specified in this respect and to the extent that it is valid, take effect on the date on which it is received by the Secretary or any other officer specified by the President under sub-regulation (5) above.
(7) Where the nomination is wholly or partly in favour of a minor, the member may, for the purpose of these regulations, appoint a major person of his family as defined in Regulation 2(e)(1), to be the guardian of the minor nominee:
Provided that if there is no major person in the family, the member may, at his discretion, appoint any other person to be a guardian of the minor nominee.
(8) Except as otherwise provided in this regulation no employee shall assign or create a charge upon his beneficial interest in the Fund.
REGULATION 22 RECOVERY OF ADVANCES
- (1) An advance shall be recovered from the member in such number of equal monthly instalments as the sanctioning Authority may direct but such number shall not be less than 12 unless the member so elects and more than 36. A member may at his opinion make repayment of more than one instalment in any month. The amount of each instalment shall be fixed in terms of whole rupees, the amount of advance being raised or reduced if necessary to admit of such fixation.
(2) Recovery shall be made in the manner provided inRegulation 16-and shall commence from the first occasion after the advance is made on which the member draws pay for a full month. Recovery shall, however, not be made except with the member's consent while he is in receipt of subsistence grant or on sick leave and/or extraordinary leave exceeding 30 days.
(3) Interest shall be charged on advances and recovered in accordance with the provisions ofRule 71 of the Income Tax Rules, 1962-.
REGULATION 23A WITHDRAWAL FOR PAYMENT OF PREMIUM
-The Board may sanction withdrawal by a member of the Provident Fund subscription standing to his credit to pay premia on policies of life insurance of a member or his wife : Provided that no amount shall be withdrawn :-
(a) before the particulars of the policy are submitted to the Board and accepted by them as suitable ; or
(b) unless the policy is assigned to the Trustees, receipts granted by any Insurance Company for the premia are from time to time handed over to the Trustees for inspection ; or
(c) in excess of the amount required to meet a premium.
(d) in excess of (i) the pay of employee for three months at the time of withdrawal or (ii) the total of the accumulation of subscription and interest exempted from income tax contained in the balance to the credit of the employee, whichever is less.
(e) unless the premium for a policy in respect of which withdrawal is permitted is payable annually :
Provided further that if such policy matures or otherwise falls due for payment before the employee ceases to be in the service of the Authority, the amount received or receivable thereunder shall be utilised to reimburse the member's account to the extent of the amount drawn therefrom or the amount received against the insurance policy, whichever is less, and the balance, if any, made over to the beneficiary under the policy:
Provided further, that if a member, having withdrawn any amounts under this Regulation, elects to discontinue such withdrawals, the total amount so withdrawn by him for payment of insurance premia shall be reimbursed to his account in the Fund and the insurance policy assigned to or deposited with the Trustees shall not be re-assigned or returned to him, as the case may be, unless the amount withdrawn is so reimbursed.
REGULATION 24 CONVERSION OF AN ADVANCE INTO A WITHDRAWAL
-A member who has already drawn an advance underRegulation 21-may convert at his discretion by written request addressed to the President through the Secretary the balance outstanding against him, into final withdrawal on his satisfying the condition laid down in sub-regulation (1) ofRegulation 23-
REGULATION 25 FINAL WITHDRAWALS OF ACCUMULATIONS IN THE FUND
-When a member quits the service of the Authority the accumulated balance standing to his credit in the Fund shall, subject to the deduction of Income-tax that may be due and payable by him according to the provision of theIncome Tax Act, 1961-and also subject to any deductions underRegulation 27-becomes payable to him :
Provided that if the member quits service for taking up appointment with Central or State Government or any autonomous organisation or any society registered under theSocieties Registration Act, 1860-, or public undertaking etc. with the proper permission of the Authority, the balances at his credit in the Fund shall not be payable to him but be transferred to his new employer if the Provident Fund Rules of that employer allow such transfer.
REGULATION 26 PROCEDURE ON DEATH OF MEMBERS
-Subject to any deduction underRegulation 27-on the death of a member before the amount standing to his credit has become payable or where the amount has become payable before actual payment has been made,-
(i) if a nomination made by the member in accordance withRegulation 20-subsists, the amount standing to his credit in the Fund or that part thereof to which the nomination relates, shall become payable to his nominee or nominees in accordance with such nomination : or
(ii) if no nomination subsists or if the nomination relates only to a part of the amount standing to his credit in the Fund the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall become payable to the members of his family in equal shares :
Note :-In case the share becomes payable to the minor children under the aforesaid clause it shall be paid to the surviving parents being the natural guardian without an indemnity bond :
Provided that no share shall be payable to :
(a) sons who have attained majority ;
(b) sons of a deceased son who have attained majority ;
(c) married daughters whose husbands are alive ;
(d) married daughters of a deceased son whose husbands are alive;
If there is any member of the family other than those specified in clauses (a), (b), (c) and (d) :
Provided further that, the widow or widows, and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the member and had not attained the age of majority at the time of the member's death.
(iii) In any case, to which the provisions of sub- regulations (i) and (ii) do not apply the whole amount shall be payable to the person legally entitled to it.
Explanation.-For the purpose of this paragraph a member's posthumous child, if, born alive, shall be treated in the same way as surviving child born before the member's death.
REGULATION 28 MANNER OF PAYMENT OF THE AMOUNT IN THE FUND
- (1) When the amount standing to the credit of a member in the Fund or the balance thereof, after any deduction underRegulation 27-becomes payable, it shall be duty of the Secretary or any other officer specified by the President in this behalf alter satisfying himself as to correctness of the amount payable, to make payment on receipt of a written application in this behalf as provided in sub-regulation (3) below.
(2) If the person to whom under these regulations any amount is to be paid is a lunatic' and for whose estate a Manager has been appointed under theIndian Lunatic Act 1912, the payment shall be made to such Manager and not to the lunatic.
(3) Any person who desires to claim payment under this regulation shall send a written application in that behalf to the Secretary or any other officer specified by the President in this behalf in such form as may be prescribed by the Board. Payments of amounts withdrawn shall be made in India only. The person to whom the amounts are payable shall make their own arrangements to receive payment in India.
REGULATION 29 MEMBERSHIP OF THE FAMILY PENSION FUND
-This scheme shall apply to every employee who becomes a member of the Employee's Provident Fund Scheme, provided he is not in receipt of pay exceeding 1,000 rupees per month :
Provided that an employee who while working in a factory or other establishment before joining the service of the Authority had earlier decided not to opt for theFamily Pension Scheme, 1971under theEmployee's Provident Fund and Family Pension Fund Act, 1952(as amended in 1971) as provided in paragraph 3(b) and 4 of that scheme, may exercise within three months of the date of promulgation of these Regulations, the option for not joining the Family Pension Fund of the Authority.
REGULATION 30 RETENTION OF MEMBERSHIP
-A member of the Family Pension Fund shall continue to be a member of the Family Pension Fund till he attains the age of superannuation or till he retires or quits service and withdraws or becomes entitled to withdraw the benefits to which he is entitled under this scheme or dies during the period of reckonable service, whichever is the earliest.
Explanation.-Once the pay of an employee exceeds Rs. 1,000 p.m. he would automatically he deemed to have opted out of the Family Pension Scheme.
REGULATION 31 RESOLUTION OF DOUBTS
-If any question arises whether an employee is entitled to become a member of the Family Pension Fund Scheme, the decision thereon of the Board of Trustees shall be final, provided that no decision shall be given unless the employee has been heard.
REGULATION 32 FEES AND ALLOWANCES
-All expenses relating to the administration of Family Pension Fund including the pay and allowances of the staff appointed for the purpose of administering the fund shall be borne by the Authority in the same manner as indicated inRegulation 10-
REGULATION 33 FAMILY PENSION FUND
- (a) From and out of the subscription paid by the members and the contributions paid by the Authority into Provident Fund each month as laid down inRegulation 15-, a part of subscription representing 1-1/6 per cent of the employee's pay along with the equivalent amount representing 1-1/6 per cent of the Authority's contribution shall be separately earmarked and credited to the Family Pension Fund.
(b) The Authority shall also contribute at the rate of 1-1/6 per cent of the pay of the members of the Family Pension Fund and credit the contribution to the Family Pension Fund Account.
(c) The contributions payable under sub-regulations (a) and (b) shall be calculated on the basis of the monthly pay.
(d) Each contribution payable under sub-regulations (a) and (b) shall be calculated to the nearest quarter of rupee, 12.5 paise or more to be counted as the next higher quarter of a rupee.
REGULATION 34 PARTICULARS TO BE SUPPLIED BY PERSONS ALREADY EMPLOYED AT THE TIME OF THE COMMENCEMENT OF THE FAMILY PENSION FUND
-Every person who is entitled to become a member of the Family Pension Scheme shall be asked forthwith by the Authority to furnish and shall, on such demand, furnish to it, particulars concerning himself and his family in the enclosed Form A.
REGULATION 35 ALLOTMENT OF ACCOUNTS NUMBERS
-Separate account will be allotted to each member of the Family Pension Fund Scheme.
REGULATION 36 FAMILY PENSION FUND ACCOUNT
-The aggregate amount received as the Authority's and the employee's contributions and also the Authority's own contributions to the Family Pension Fund shall be credited to an account called the 'Family Pension Fund Account'.
REGULATION 37 INVESTMENT
-All moneys belonging to the fund shall be deposited in the manner specified underRule 67 of the Income Tax Rules, 1962
REGULATION 38 DISPOSAL OF THE FUND
- (a) All payments on account of Family Pension and other benefits under this Scheme shall be chargeable against the said account.
(b) Subject to the provisions of the regulations under this Scheme, the Family Pension Fund Account referred to inRegulation 36-above shall not, except with the previous sanction of the Authority be expended for any purpose other than the payment of benefits as may be admissible under this Scheme to the members of the Family Pension Fund or persons belonging to his family.
REGULATION 39 FORMS OF ACCOUNTS
-The accounts of the Family Pension Fund shall be maintained in such form and manner as may be specified by the Authority.
REGULATION 40 AUDIT
-The accounts of the Fund shall be audited by the authority auditing the accounts of the Authority.
REGULATION 41 MAINTENANCE OF FAMILY PENSION FUND ACCOUNT
-The account called the 'Family Pension Fund Account' shall be opened and maintained in such manner as may be specified by the Board with approval of the Authority.
REGULATION 43 FAMILY PENSION TO WHOM PAYABLE
- (1) Subject to the provision ofRegulation 42-the Family Pension is payable :-
(a) to the widow or widower upto the date of death or remarriage, whichever is earlier ;
(b) failing (a), to the eldest surviving minor son until he attains the age of 18 years : and
(c) failing (a) and (b), to the eldest surviving unmarried daughter until she attains the age of 21 years or marriage, whichever is earlier.
(2) The Family Pension shall not be paid to more than one person at a time:
Note :-
(i) In cases where there are two or more widows, Family Pension shall be payable to the
eldest surviving widow. On her death, it shall be payable to the next surviving widow, if any. The term eldest would mean seniority with reference to the date of marriage.
(ii) In the event of remarriage or death of the widow or widower, the pension will be
granted to the minor children through their natural guardian. In dispute cases, however, payments will be made through a legal guardian.
REGULATION 44 COMMENCEMENT OF PAYMENT OF FAMILY PENSION
-Family Pension shall become payable from the beginning of the month immediately following the month in which a member of the Family Pension Fund dies.
REGULATION 45 LUMP-SUM BENEFIT
-Where a member of the Family Pension Fund Scheme dies during the period of reasonable service, lump-sum of Rs. 1,000 as lump-sum benefit shall be payable to his family in the order indicated inRegulation 43-
REGULATION 46 RETIREMENT BENEFIT
- (1) On attaining the age of superannuation of a member of the Family Pension Fund who has contributed to the Family Pension Fund for a period of not less than 2 years shall be paid a lump sum of Rs. 4,000 and thereafter he shall cease to be a member of the Family Pension Fund.
Note :-In the case of erstwhile Government servants absorbed in the service of the Authority by 1st September, 1977 and employees of other public sector undertakings who joined service in the Authority by that date in continuation of their service in those undertakings, the past service in Government or public sector undertaking will be reckoned towards the periods of two years.
(2) Where a member of the Family Pension Fund to whom any amount becomes payable under sub-regulation (1) dies before the amount .has been actually paid to him, the lump-sum payment under sub-regulation (1) shall be payable to a member of his family who would have been entitled to receive Family Pension underRegulation 43-.
REGULATION 48 BENEFITS FOR MEMBERS ENTERING FAMILY PENSION FUND AFTER ATTAINING THE AGE OF 25 YEARS
-Where a person becomes in member of the Family Pension Fund after the age of 25 years, the retirement/withdrawal benefits shall be payable in accordance with the provisions contained inRegulations 46-and47-multiplied by a factor depending on the age of entry given in Table II of the Schedule to this Scheme. In respect of Government servants on deputation who are subsequently absorbed in the Authority, their age at the time they came on deputation will be taken as the age of becoming a member of this Scheme for the purpose of this Regulation.
REGULATION 49 DISBURSEMENT OF FAMILY PENSION AND OTHER BENEFITS
-The Board shall, with the approval of the Authority, enter into arrangements for the disbursement of Family Pension and other benefits, under this Scheme with disbursing agencies like post offices or nationalised banks or treasuries. The commission payable to the disbursement agencies and other charges incidental thereto shall be met from the portion of Family Pension Fund contributed by the Authority underRegulation 33-
REGULATION 50 REGISTERS, RECORDS, ETC
-The Board shall with the approval of the Authority prescribe the registers and records to be maintained in respect of employees, the form or designs of any identity card, token or disc for the purpose of identifying any employee or his nominee or a member of family entitled to receive the Family Pension and such other formalities as have to be completed in connection with the grant of Family Pension and other benefits or for the continuance thereof subject to such periodical verification as may be considered necessary.
REGULATION 51 POWER TO ISSUE DIRECTIONS
-The Authority may issue such directions as may be deemed just and proper by it for resolving any difficulty in the implementation of this Scheme including difficulties in the matter of disbursement of Family Pension and other benefits.
REGULATION 52 DELEGATION OF POWERS
-The Board may delegate any of its powers under these regulations to the President or to any ex-officio Trustee, or to the Secretary, subject to such conditions and modifications, as it may deem fit to impose.
REGULATION 53 RELAXATION
-Provisions of these Regulations may be relaxed with the approval of Authority, in respect of any employee or category of employees for special reasons to be recorded in writing.
REGULATION 54 INTERPRETATION
-If any question arises relating to the interpretation of these regulations, it shall be referred to the Chairman whose decision thereon shall be final.
REGULATION 55 WINDING UP
-The Fund shall not be closed except when the Authority is wound up. In the event of the dissolution of the Authority, the Fund shall be closed and the moneys after payment of amounts due to be paid but not yet paid under these regulations, shall be distributed amongst the members then existing by payment to each of them a sum which shall bear the same proportion to the aggregate market value of the proceeds of securities and un-invested cash then constituting the Fund as the amount then standing to the credit of the member in his individual account hears to the aggregate of the amounts then standing to the individual accounts of all such members.
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA (GENERAL MANAGEMENT, ENTRY FOR GROUND HANDLING OF AIR TRANSPORT SERVICES) REGULATIONS, 1984
5th June, 1984
STATEMENT OF OBJECTS AND REASONS The international airports at Delhi, Bombay, Calcutta and Madras are the aerial gateways of India, and are becoming increasing Important in developing India's trade and tourism. Owing to the rapid growth of traffic, and the increasing impact of technological development in the shape of large capacity sub-sonic and super-sonic jet aircraft the organisation and management of these four international airports will assume increasing importance in the years to come. 2. To determine and advise Government on the action required to be taken to provide these international airports with the buildings, equipment, facilities and organisation necessary to cater to the needs of passengers and goods traffic, baggage and cargo handing, and other related matters, a high powered International Airports Committee was appointed in July, 1967 under the Chairmanship of Shri J.R.D. Tata. The Committee has made a number of recommendations for the phased development of the four international airports spread over a period of fifteen years, corresponding to three Five Year Plans commencing from April, 1969. The recommendations of the Committee would involve an estimated total expenditure of Rs. 106.12 crore-Rs. 63.56 crore to be spent in the Fourth Plan (1969-74), Rs. 35.54 crore in the Fifth Plan (1974-79) and the balance of Rs. 7.02 crore to spill over to the Sixth Plan. A provision of about Rs. 37.00 crore (excluding Rs. 10 crore for provision of communication and navigational aids) has been made for the aforesaid four international airports in the Fourth Five Year Plan of the Civil Aviation Department. 3. An important point made by the Committee is that the success in spending effectively the large outlays for the creation of the new airport facilities will depend largely on the speed and flexibility with which the project is launched and administered keeping in view the compulsions of Government procedures, the Committee urged that a Corporation should be set up under the Indian Companies Act, and all the present and future assets of the four international airports placed under its ownership and management, except for the functions of aeronautical communication, navigation and air traffic services as well as weather forecasting services which should continue to be under the control of the Departments of Civil Aviation and Meteorology respectively. In the opinion of the Committee, only a commercially oriented organisation with sufficient flexibility and autonomy in financial matters, and freed from the requirements of regular Government procedures, would be able to provide the drive and speed so necessary for the quick development and business-like management of these airports. A sub-Committee appointed by the International Airports Committee in this regard had come to the definite conclusion that the creation of an autonomous Airport Authority would not cause any additional burden or liability on the Central Government budget and would in fact have definite functional advantages. 4. The proposed Airports Authority will be engaged in creating, maintaining and providing, services and facilities, rather than in the production of or trade in goods. For the purposed of coordination with various Government agencies, a Joint Stock Company under the Indian Companies Act may be ill-suited. The decision of Government on the recommendations of the Administrative Reforms Commission is that the statutory corporation form is preferable for enterprises providing public utilities which are primarily intended to develop basic infrastructure facilities, as is the case here. It is accordingly proposes to constitute a statutory Authority for the development and management of the four international airports of Delhi, Bombay. Calcutta and Madras. Power has also been conferred on the Central Government to apply the provisions of the Act to any other airport where international air transport services are operated or are itended to be operated. 5. The Bill seeks to achieve the above object. 6. The notes on clauses appended to the Bill explain the more important, provisions of the Bill. New Delhi The 15th May, 1971. Karan Singh. [Gazette of India, Extraordinary Pt. II. S. 2, dated 15-5-1971 pp. 412-13].
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA NOTIFICATION New Delhi,
1Sectt. 101/4/84.-In exercise of the powers conferred by sub-section (1) of section 37and clause (i) and (n) of sub-section (2) of section 37 of the International Airports Authority Act, 1971 (43 of 1971), and In supersession ofInternational Airports Authority of India (General Management, Ground Handling of Air Transport Services) Regulations, 1982the International Airports Authority of India, with the previous approval of the Central Government, hereby makes the following regulations, namely:-
REGULATION 1 SHORT TITLE AND COMMENCEMENT
- (1) These regulations may be called the International Airports Authority of India (General Management, Entry of Ground Handling of Air Transport Services) Regulations, 1984.
(2) They shall come into force on the date of their publication in the Official Gazette.
REGULATION 2 APPLICATION
-These regulations shall apply to the International Airports at Bombay (Santa Cruz), Calcutta (Dum Dum), Delhi (Palam) and Madras (Meenambakam) and any other aerodrome notified by the Central Government under sub-section (3) of section 1-of the said Act.
REGULATION 3 DEFINITIONS
-In these regulations, unless the context otherwise requires,-
(a) "apron" means a defined area of the airport intended to accommodate aircraft for purposes of loading and/or unloading of passengers and/or cargo, refuelling, parking or maintenance;
(b) "competent authority" means the Chairman and Includes any other officer authorised by the Chairman In this behalf ;
(c) "manoeuvring area" means the part of the airport to be used for takeoff and landing, of aircraft and for movement of aircraft associated with the take-off and landing, excluding apron;
(d) "movement area" means part of an airport intended for the surface movement of aircraft including the manoeuvring area and aprons;
(e) "ground handling" means ramp handling and traffic handling.
REGULATION 4 .
No person shall enter into or remain in the movement area for operating any vehicle or other equipment for ground handling of any aircraft at the airports except as provided inRegulation 5-
REGULATION 5 .
Entry into and remaining in the movement area for operating any vehicle or other equipment for ground handling of any aircraft whether private or belonging to any airline, as the case may be, at any of the airports shall be restricted to,-
(a) the employees of the International Airports Authority of India;
(b) the operator or the owner of such aircraft or his bona-fide whole-time employee subject to such condition as may be specified from time to time by the competent authority having regard to all aspects including safety, security and proper and efficient management of the airport ;
(c) any other operator or agency being an operator or agency who or which was engaged in the performance of such handling of any such aircraft immediately before the 18th day of January, 1972 and who or which has been specially permitted by the competent authority to carry on with such performance subject to such terms and conditions as may be specified from time to time by the competent authority having regard to all aspects including payment of licence fee, safety, security and proper and efficient management of the Airport:
Explanations-The activities under the continuance of such performance after 18th January, 1972 shall remain limited to the exact job and to the airline, which was performed earlier by the operator or agency, as the case may be.
(d) employees of Air India and Indian Airlines subject to such conditions as may be specified from time to time by the competent authority having regard to all aspects including payment of licence fee, safety, security and proper and efficient management of the airport.
Provided that nothing contained hereinabove shall confer any right on any operator, owner, agency or airline, as the case may be, to carry on the business of ground handling of any aircraft at any airport unless specific prior permission of the competent authority has been obtained in writing:
Provided further that in case all or any ground handling of any aircraft at any airport it is
taken over by the International Airports Authority of India, no operator, owner-agency,
airline or Its employees shall enter into or remain in the movement area in connection with such ground handling.
REGULATION 6 .
Contravention of any regulation shall be punishable with a 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 every day during which such contravention continues after conviction for the first such contravention. Capt. A.M. Kapur, Chairman I.A.A.I. International Airports Authority of India
INERNATIONAL AIRPORTS AUTHORITY OF INDIA (GRATUITY) REGULATIONS, 1984
1No. PERS/IR/1115/1/82.-In exercise of the powers conferred by clause (b) of sub-section 2 of section 37 of the International Airports Authority Act, 1971 (43 of 1971), the International Airports Authority of India hereby makes with the previous approval of the Central Government the following [regulations] namely :-
REGULATION 1 SHORT TITLE AND COMMENCEMENT
- (1) These regulations may be called the International Airports Authority of India (Gratuity) Regulations, 1984.
(2) They shall come into force on the date of their publication in the Official Gazette.
REGULATION 2 DEFINITIONS
-In these regulations, unless the context otherwise requires,-
(a) "authority" means the International Airports Authority of India;
(b) "chairman" means the chairman of the International Airports Authority of India;
(c) "competent authority" means the chairman, any other member of any officer of the Authority authorised by the Chairman to act as "competent authority" for the purpose of these regulations:
(d) "completed year of service" means continuous service for one year;
(e) "continuous service" means uninterrupted service and includes service which is interrupted by sickness, accident, leave, lay off, strike or a lockout or cessation of work not due to any fault of the employee concerned.
Explanation 1.-An employee other than an employee of a seasonal establishment who is not in uninterrupted service for one year shall be deemed to be in continuous service if he has been actually employed by the Authority during the twelve months immediately preceding the year for not less than 240 days.
Explanation 2.-An employee of a seasonal establishment shall be deemed to be in continuous service if he has actually worked for not lessthan seventy five per cent of the number of days for which the establishment was in operation during the year.
(f) Emoluments mean the last pay drawn (which term shall include special pay, dearness pay. If any, dearness allowance of all types) immediately preceding the date of quitting service and shall be subject to the maximum of Rs. 2500 per month.
Note 1:-If any employee Immediately before cessation of his service had been absent from duty or leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purpose of this regulation:
Provided that any increase in pay (other than normal increment not withheld) which is not actually drawn shall not form part of his emoluments.
Note 2:-If an employee Immediately before cessation of service had been absent from duty on extra ordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension, shall be the emoluments for the purpose of this regulation ;
(g) "employee" means a whole time employee of the authority but does not include,-
(i) casual and non-regular employees ;
(ii) Government servants and other persons employed on deputation terms; (iii) employee on contract basis ; (iv) apprentices and trainees : (v) re-employed persons.
(h) "family" means,-
(i) wife in the case of a male employee ; (ii) husband in the case of a female employee ; (iii) sons;
(iv) unmarried and widowed including step children daughters and adopted children ;
(v) brothers below the age of including step brothers 18 years and unmarried and step sisters : and widowed sisters
(vi) father;
(vii) mother;
(viii) married daughters ; and
(ix) children of a pre-deceased son ;
(i) 'form' means a form appended to these regulations;
(j) "retirement" means termination of the service of an employee otherwise than on superannuation.
(k) "superannuation" in relation to an employee means,-
(i) the attainment by the employee of such age as is fixed in the conditions of
service as the age on the attainment of which the employee shall vacate the employment ; and
(ii) in any other case, the attainment by the employee of the age of fifty-eight years ;
REGULATION 4 NOMINATION
- (1) Every employee shall make a nomination in Form A or Form B, as the case may be, within such, time as may be specified by the competent authority conferring on one or more persons of his family the right to receive the gratuity in the event of his death while in service or after quitting service but before payment of the gratuity Is made indicating the shares payable to each member.
(2) In the case of an employee having no family, the nomination may be made in favour of a person or persons or a body of persons, corporate or incorporate:
Provided that nomination in Form 'A' shall be accepted by the competent authority after the specified period if the employee shows reasonable grounds for delay and no nomination shall be invalid merely because it was filled after the specified period.
(3) In the event of there being no nomination, the gratuity on death may be paid in the manner indicated below :-
(a) if there are one or more surviving members of the family specified in sub-clauses (i) to (iv) of clause (h) ofregulation 2-, it may be paid to all such members other than a widowed daughter in equal shares ;
(b) if there are no such surviving members of the family, of the categories specified in clause (a), but there are one or more surviving widowed daughters and/or one or more members of the family as specified in subclauses (u) to (ix) of clause (4) ofregulation 3-, the gratuity may be paid to all such members in equal shares.
(4) Within 30 days of receipt of nomination in Form 'A', the competent authority shall get the service particulars of the employee as mentioned in the said Form verified with reference to the records of the establishment and return to the employee after obtaining receipt thereof the duplicate copy of the nomination in Form 'A' duly attested by an officer authorised in this behalf by him as a token of recording of the nomination by the competent authority and the other copy of the nomination shall be recorded.
(5) An employee may in his nomination distribute the amount of gratuity payable to him among more than one nominee.
(6) If an employee has family at the time of making nomination, the nomination shall be made in favour of one or more members of his family and any nomination made by an employee who is not a member of his family shall be void.
(7) If at the time of making a nomination, the employee has no family, the nomination may be made in favour of any person or persons, but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall submit within 90 days of acquiring a family, a fresh nomination in favour of one or more members of family in duplicate in Form 'B' to the competent authority and thereafter the provisions of sub-regulation (4) shall apply, mutatis mutandis, as if it was made under sub-regulation (1).
(8) A nomination made subject to the provisions of sub-regulations (6) and (7) may be modified by an employee at any time after giving to the competent authority a written notice in Form 'C' and thereafter the provisions of sub-regulation (4) shall apply mutatis mutandis as if it was made under sub-regulation (1).
(9) If a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination in respect of such interests in Form 'C'.
(10) Every nomination, fresh nomination or modification in nomination, as the case may be, shall be sent by the employee to the competent Authority who shall keep the same in his safe custody.
(11) A nomination or a fresh nomination or a notice of modification or a nomination shall be signed by the employee or if he is Illiterate shall bear his thumb impression in the presence of two witnesses who shall also sign a declaration to the effect in the nomination, fresh nomination or a notice of modification of nomination as the case may be.
(12) A nomination, fresh nomination or notice of modification of nomination shall take effect from the date of receipt thereof by the competent authority.
REGULATION 5 DETERMINATION OF THE AMOUNT OF GRATUITY
- (1) A person who is eligible for payment of gratuity under these regulations or any person authorised in writing to act on his behalf shall send a written application to the competent authority in Form 'D' within such time as may be specified by the competent authority.
(2) As soon as gratuity becomes payable, the competent authority shall, whether an application referred to in sub-regulation (1) has been made or not, determine the amount of gratuity and give notice in Form 'G' to the person to whom the gratuity is payable specifying the amount of gratuity so determined.
(3) The competent authority shall arrange to pay the amount of gratuity within such time as may be prescribed, to the person to whom the gratuity is payable.
REGULATION 6 APPLICATION FOR GRATUITY
- (1) An employee who is eligible for payment of gratuity under these regulations or any person authorised in writing to act on his behalf shall apply to the competent authority in Form 'D' ordinarily within 30 days from the date the gratuity became payable:
Provided that where the date of superannuation or retirement of an employee
is known, the employee may apply to the competent authority 30 days before the date of superannuation or retirement.
(2) A nominee of an employee who is eligible for payment of gratuity under these regulations shall apply in Form 'E' ordinarily within 30 days from the date the gratuity became payable to him to the competent authority:
Provided that an application in plain paper with relevant particulars shall also
be accepted, the competent authority may obtain such other particulars as may be deemed necessary by him.
(3) A legal heir of an employee who is eligible for payment of gratuity under these regulations shall apply ordinarily within one year from the date the gratuity became payable to him in Form 'E' attached to these regulations to the competent authority.
(4) An application for payment of gratuity filed after the expiry of the periods specified in this regulation shall also be entertained by the competent authority if the applicant shows sufficient cause for the delay in preferring his claim and he claim for gratuity under these regulations, shall be invalid merely because the claimant failed to present his application within specified period.
(5) An application under this regulation shall be presented to the competent authority either by personal service or by registered post, acknowledgment due.
REGULATION 7 NOTICE FOR PAYMENT OF GRATUITY
- (1) Within fifteen days of the receipt of an application underregulation 6-for payment of gratuity, the competent authority shall,-
(i) if the claim is found admissible on verification, issue a notice in Form 'G' to the applicant, employee, nominee on legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date not being later
than the thirtieth day after the date of receipt of the application, for payment thereof, or
(ii) if the claim for gratuity is not found admissible, issue a notice in Form 'H'
to the applicant employee, nominee or legal heir as the case may be
specifying the reasons why the claim for gratuity is not considered admissible.
(2) In case payment of gratuity is due to be made in the competent authority's office, the date fixed for the purpose in the notice in Form 'G' under clause (i) of sub-regulation (1) shall be re-fixed by the competent authority if a written application in this behalf is made by the payee explaining why it is not possible for him to be present in person on the date specified.
(3) If the claimant for gratuity is a nominee or a legal heir, the competent authority may ask for such witness or evidence as may be deemed relevant for establishing his identity or maintainability of his claim as the case may be. In that case the time limit specified for issuance of notice under sub-regulation (1) shall be operative with effect from the date such witness or evidence as the case may be, called for by the competent authority is furnished to the competent authority.
(4) A notice in Form 'G' shall be served on the applicant either by personal service after taking receipt or by registered post with acknowledgment due.
REGULATION 8 MODE OF PAYMENT OF GRATUITY
-The gratuity payable under these regulations shall be paid in cash or, if so desired by the payee, by draft or bank cheque drawn in favour of the eligible employee, nominee or legal heir, as the case may be :
Provided that in case the eligible employee, nominee or heir as the case may be so desired and the amount of gratuity payable is less than one thousand rupees, payment may be made by postal money order after deducting the postal money order commission from the amount payable.
REGULATION 9 PROTECTION OF GRATUITY
-No gratuity payable under these regulations shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court. However the Authority shall have the right to recover any money that may be due from the employee by deduction from his gratuity.
REGULATION 10 INTERPRETATION
-If any doubt arises regarding the interpretation of any provisions of these regulations the matter shall be referred to the Chairman, who shall decide the same.
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA (L.T.C.) REGULATIONS, 1982
INTERNATIONAL AIRPORT AUTHORITY OF INDIA NOTIFICATION New Delhi, the 24th May, 1982
1No. PERS/SC/13/73-Vol. III.-In exercise of the powers conferred by clause (b) of sub-section 37 read with sub-section (2) of section 38 of the International Airports Authority Act, 1971 (43 of 1971), the International Airports Authority of India with the previous approval of the Central Government hereby makes the following namely :-
REGULATION 1 SHORT TITLE, COMMENCEMENT AND APPLICATION
- (1) These regulations may be called the International Airports Authority of India (Leave Travel Concession) Regulations, 1982.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) They shall apply to all the employees of the Authority :-
(i) who are entitled to regular leave :
(ii) who are appointed on a contract basis, if the contract is for a period exceeding one year, and
(iii) who are re-employed, on completion of one year's continuous service; and shall not apply to persons,
(iv) who are not in the whole time employment of the Authority, or (v) who are daily wage employees, or (vi) who are trainees or apprentices :
Provided that the persons who are on deputation from theMinistries and Departments of the Central Government and other Organisations shall have the option if otherwise admissible under the terms of their deputation to choose between leave travel concession as admissible under these regulations and that admissible to them under their parent Organisation whichever is more favourable to them, but no such person shall be entitled to avail of the concession from the Authority for self and/or for his family for the duration of the block of 2/4 years, if he and/or his family, as the case may be has already availed of the concession under his parent Organisation during the block.
REGULATION 2 DEFINITION
-In these regulations,-
(a) "block" means a group of two consecutive calendar years, commencing from the year 1972-73 ;
(b) "competent authority" means the Chairman or any Member or any officer authorised in this behalf by the Chairman :
(c) "concession" means the leave travel concession admissible under these regulations;
(d) "family" means an employee's wife or husband, as the case may be, residing with the employee, legitimate children including step children and adopted children of under the personal law applicable to the employee, adoption is legally recognised as conferring on the child so adopted the status of a natural child), wholly dependent on the employee parents, sisters and minor brothers, residing with and wholly dependent on the employee.
Note :-Not more than one wife is Included in the term 'Family' for the purposes of these regulations ;
(e) "home town" means the permanent home town or village as entered In the service record of the employee or such other place as has been declared by him to be his home town and accepted by the competent authority.
REGULATION 3 DECLARATION OF HOME TOWN
- (1) Every employee shall within a period of six months from the date of commencement of these regulations or before availing of the concession whichever is earlier, make a declaration to the competent authority as his home town for the purposes of these regulations:
Provided that a new entrant to the service of the Authority shall make such a
declaration before the expiry of six months from the date of entry into service.
(2) A declaration of home town once made shall be treated as final, but In exceptional circumstances a competent authority may, for reasons to be recorded in writing, authorise a change in any such declaration, provided that such a change shall not be authorised more than once during the entire service of the employee :
(3) Every request for change of home town by an employee shall be supported by reasons such as ownership of immovable property or permanent residence of near relative.
REGULATION 4 ADMISSIBILITY OF LEAVE TRAVEL CONCESSION
-The concession shall be admissible to an employee for visiting his home town and the authority shall reimburse the fare subject to the following conditions, namely,-
(a) The concession shall be admissible to an employee and the members of his family for visiting his home town once in every block year subject to prior approval of the competent authority.
Note : 1.-The employee may avail himself of the concession during regular or casual leave.
Note : 2.-The members of the family shall be entitled to the concession irrespective of the fact that the employee has or has not been granted regular leave or casual leave for the purpose or that his leave has or has not been officially refused.
Note : 3.-An employee who declares subject to the satisfaction of the competent authority that his home town is outside India shall also be entitled to the concession for visiting his home-town. The Authority's assistance in such a case shall be limited to the share of the fare for journeys by the shortest route calculated on a through ticket basis upto and from the Indian railway station or port (by the shortest route nearest to his home town.
Explanation.-For the purpose of this regulation, the term 'port' nearest to his home town means the part In India nearest to the home-town of the employee.
(b) The Authority shall make full re-imbursement of the expenses incurred in visiting home-town in a block of 2 years for the class by which the employee is entitled for travel and full reimbursement for visiting any place In India in a block of 4 years.
Note :-The liability of the Authority for the cost of railway fare between the employee's headquarters and his home town shall be limited to the share of the fare by shortest route calculated on a "through" ticket basis.
(c) The employee and members of his family shall be entitled to the class of travel by rail as per his entitlement under the regulations relating to travelling allowance applicable to such employees, subject to the condition that if the employee is under the said regulation entitled to travel by air- conditioned accommodation, his entitlement to the concession shall be on the basis of travel by first class only.
(d) In every case the journey shall be to the home-town and back but it need not necessarily commence from or end at the headquarters of the employee either in his own case or in the case of the members of his family. But the assistance admissible shall be the amount admissible for the actual distance travelled, limited to the amount that would have been admissible had the journey been performed between the headquarters and the home-town of the employee.
(e) The family members need not accompany the employee or even travel in the same calendar year in which the employee travels. The family members will get the concession independently whether the employee avails It or not. The members of the family of an employee may either travel together or separately in different groups as may be convenient to them. Where they travel in different groups, at different times, reimbursement of expenditure may be allowed in respect of each group provided the journey is reformed during the currency of the block in respect of which the first group performed Its journey. For example, for the block 1978-81, its one-group performs the outward journey sometime in 1978, the last group can perform its outward journey any time up to 1982. The return journey of each group must be completed within months from the date of commencement of the outward journey by that group. This condition may be relaxed in special cases by the competent authority.
(f) The concession shall be counted against the year during which the outward journey commences. However, the employees and their families who are unable to avail themselves of the concession in a block of two years may be permitted to avail of the concession before the end of the first year of the next block.
(g) The concession to home-town/any place in India is admissible both ways during leave preparatory to retirement provided the return journey is completed before the expiry of the leave. The concession Is not admissible during refused leave and terminal leave.
(h) The concession shall not be admissible to an employee who proceeds on leave and then resigns his post without returning to duty.
Note :-The retiring employee shall be entitled to travelling allowance, transfer grant and incidentals on the same terms as a serving employee on transfer.
(i) Notwithstanding the provision contained in clause (c), an employee may travel by air, steamer or road (either by private car or public transport) where the places are connected by rail or in a class higher or lower than that to which he is entitled, but the liability of the Authority shall be restricted to the fare as admissible under clause (c) or the actual cost of fare, whichever is less.
(j) Subject to the provisions of clause (b), in respect of journeys between places not connected by rail the concession shall be admissible as under:
(1) For a journey which is covered by a recognised public transport system, the assistance shall be the full actual fare charged.
(2) For the portion of journey which Is not connected by a recognised public transport system, the assistance shall be full road mileage at the rates prescribed under the regulations relating to travelling allowance applicable to such employees. In either case the amount of assistance shall be calculated on the basis of actual fare or mileage allowance, as above, as the case may be, at single rates for the employee and for the members of his family. (k)
The concession shall not be admissible to an employee who has not completed one year of continuous service under the Authority.
(l) An employee whose family Is living at his home-town, may Instead of having the concession for his family as well as for himself one in a block of two years, avail of the concession for himself alone once every year for visiting his home-town.
(m) Without prejudice to the provisions contained in preceding clause (f), if the leave applied for by an employee is refused In writing by the authority competent to sanction the same In the interest of public service and if it is also certified by that authority that leave cannot be granted at any time during that calendar year, in that case, the concession shall be deemed to have lapsed for that occasion so far as the employee himself is concerned.
(n) Once in a block of four calendar years commencing from the year 1974, every employer of the Authority shall be entitled to avail himself of the concession for journey to any place in India, subject to all other conditions laid down in these regulations. In particular concession for travelling to any place in India, if not utilized, during the block of four years, shall be carried forward to the first year of the next block of the four years.
Note :-Employees who are entitled to the concession for journeys to their home-town shall also be eligible to avail themselves of the concession to travel to any place in India once in block of four years, but if this concession is utilised, it will be in lieu of and adjusted against the concession to the home-town including the concession, if any, carried forward, to which they may be entitled at the time of journey to any place in India is undertaken. Further, such employees shall be entitled to carry forward the concession to travel to any place in India to the first year of the next block of four years
only if they are entitled to carry forward the concession to home-town for that year.
(o) The concession for one way journey shall be admissible to the members of the family of an employee with reference to the facts existing at the time of the forward and return journeys independently.
Illustrations.-
(a) The following persons shall be entitled to reimbursement in respect of the outward journey only. namely :-
(i) a dependent son or daughter getting employment or getting married after going to home-town or remaining there for prosecution of studies ; or
(ii) the family having performed the journey to home-town have no intention of completing the return journey from home-town, provided the employee forgoes in writing the concession in respect of the return journey if performed by the members of his family at a subsequent date.
(b) The following persons shall be entitled to reimbursement in respect of return journey only, namely :-
(i) a newly married wife coming from home-town to headquarters station or a wife who
has been living at home-town and did not avail herself of the leave travel concession in respect of the outward journey ; or
(ii) a dependent son or daughter returning with parents or coming alone from home-town where he or she has been prosecuting studies or living with grand parents etc. ; or
(iii) a child who was previously below three or twelve years of age but has completed three or twelve years of age only at the time of the return journey ; or
(iv) a child legally adopted by an employee which staying in he home-town.
REGULATION 5 SUBMISSION OF CLAIMS
- (1) The employee shall prefer claim for reimbursement together with necessary details and furnish a certificate that he and his family actually performed such journeys.
(2) The employee shall also produce evidence of his having actually performed the journey, namely, serial number of rail tickets, cash receipt, wherever is practicable.
(3) The employee shall submit the claim for reimbursement of the cost of travel under these regulations within 90 days after the completion of the return journey, otherwise the right to reimbursement may be forfeited unless relaxed in special circumstances in any particular case by the competent authority.
REGULATION 6 ADVANCE
- (1) Advance may be sanctioned by the controlling Officer concerned up to 90 per cent of the estimated claim of the employee for reimbursement.
(2) Advance may also be sanctioned by the controlling officer for each different group of the members of the family of the employee and there may not be any objection to permitting adjustment of his claims separately. When, however, a consolidated advance is drawn by the employee is respect of the members of his family, one adjustment claim shall be prefered for all the groups.
REGULATION 7 INTERPRETATION
-If any question arises relating to the interpretation of these regulations, it shall be referred to the Chairman who shall decide the same.
Capt. A.M. Kapur, Chairman International Airports Authority of India
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA (MANAGEMENT OF AIRPORTS) REGULATIONS, 1982
INTERNATIONAL AIRPORT AUTHORITY OF INDIA NOTIFICATION New Delhi, the 4th October, 1982
1Ssctt. 101/5/82.-In exercise of the powers conferred by sub-section (1) of section 37read with clauses (g), (h), (i), (k), (m) and (n) of sub-section (2) of section 37and sub-section (2) of section 38andSection 39 of the International Airports Authority Act, 1971 (43 of 1971), the International Airports Authority of India, with the approval of the Central Government, hereby makes the following regulations, namely :-
REGULATION 1 SHORT TITLE AND COMMENCEMENT
- (1) These regulations may be called, the International Airports Authority of India (Management of Airports) Regulations. 1982.
(2) These regulations shall come into force on the date of their publication in the Official Gazette.
REGULATION 2 APPLICATION AND SCOPE
-They shall apply to the International Airports of Bombay (Santa Cruz), Calcutta (Dum Dum), Delhi (Palam) and Madras (Meenambakkarn) and any other aerodromes which may be notified as such under clause (13) of section 1 of the International Airports Authority Act, 1971-except that these regulations shall not apply to the Government employees and that or Authority when engaged on official duties directly connected with aircraft operations.
REGULATION 3 DEFINITIONS
-In these regulations, unless the context otherwiserequires,-
(1) 'Act' means theInternational Airports Authority Act, 1971 (43 of 1971);
(2) 'Authority' means the International Airport Authority of India, established under the Act :
(3) 'Airport' means an aerodrome as defined in Sub-section (a) of section 2-of the Act ;
(4) 'Apron' means a defined area, on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, refuelling, parking or maintenance;
(5) 'Chairman' means the Chairman of the Authority ;
(6) 'Competent Authority' means in relation to exercise of any power, the Authority, the Chairman, any member authorised by the Chairman, General Manager of Airport or any other officer specified by the Chairman in that behalf ;
(7) 'Customs Act' means theCustoms Act, 1962;
(8) 'Manoeuvring Area' means that part of the airport to be used for the take-off and landing of aircraft and for the surface movement of airport associated with take-off and landing, excluding aprons;
(9) 'Member' means a member of the Authority ;
(10) 'Motor Vehicle Act' means theMotor Vehicles Act, 1939 (4 of 1939); and
(11) 'Movement Area' means that part of airport intended for the surface movement of aircraft which include the manoeuvring area and apron.
REGULATION 4 RESTRICTIONS ON AIRCRAFT
, vehicles and persons using the airport.-
(1) Between sunset and sunrise, as well as by day when visibility is less than 500 metres, vehicles operating on parts of the airport where theMotor Vehicles Act, 1939does not apply shall have their lights on.
(2) Besides the normal lights, fuel trucks operating on parts of the airport to which the Motor Vehicles Act does not apply, shall be fitted with at least three lights which are clearly visible on all sides, the colour of the lights shall be yellow for service vehicles and red for emergency vehicles.
(3) No person shall commit any act of causing or lending to cause an outbreak of fire.
(4) No person shall transport and/or store any hazardous goods or materials or animals at the airport unless special permission of the General Manager of the Airport is taken and in doing so shall observe such stipulations as may be laid down by the General Manager of the airport.
(5) No person shall without the prior permission of the General Manager of Airport, light a fire elsewhere than in a place constructed for that purpose.
(6) No person shall, without obtaining 'No Objection' from the General Manager of Airport, fill or discharge any container including any part of the vehicle liquid fuel, elsewhere than in a place approved for that purpose by the General Manager of Airport and as prescribed in Indian Aircraft Rules.
(7) No person without lawful authority or reasonable excuse shall tamper or interfere with or damage or remove or misuse or attempt to tamper or interfere with any telephone or public address system, any lift, escalator, conveyor belt or any mechanical or electrical or wireless telegraph apparatus machinery line, post or other thing whatever being part of or used in the said apparatus or in the working thereof.
(8) No person shall slaughter or flay any animal of deposit or drop any rubbish, filth, garbage or any other polluted or obnoxious matter which attracts or is likely to attract vultures or other birds and animals in the airport except in accordance with and subject to the terms and conditions of a permission in writing issued by the General Manager of Airport.
(9) No person shall, without the permission of the General Manager of Airport, let loose or graze animals at the airport.
(10) No person shall tamper or interfere with any aircraft or anything used in connection with any aircraft.
(11) No person shall enter or climb upon or attempt to enter or climb upon any part of any aircraft without the authority of the person incharge of the aircraft or owner of the aircraft.
(12) No person shall enter or get on or attempt to enter or to get on any vehicle, truck, trolley or aircraft steps or tamper with the brakes or other part of its mechanism without lawful authority or reasonable excuse.
(13) The pilot or owner or a person incharge of any aircraft shall arrange to moov properly or otherwise secure if he parks the aircraft not in a hanger but in the open.
(14) No person shall, without obtaining 'No Objection' from the General Manager of Airport, run up an aircraft engine in a hanger.
(15) No person shall drive any vehicle on parts of the airport, where the Motor Vehicles Act does not apply, unless he has not been specifically authorised by the General Manager of the Airport after passing any test or examination as may be prescribed by the Competent Authority : Provided, however, that the General Manager of Airport may also require such a person to possess licence under the Motor Vehicles Act, after passing such test or examination as may be prescribed thereunder before permitting him to drive any vehicle in those parts of the airport where the aforesaid Act is not applicable.
(16) No such mobile equipment or vehicles as have not been issued with certificate of fitness by the local Government Transport Authority, shall be permitted to operate in the movement areas at the airports. Drivers and owners of such vehicles shall present them to the General Manager of Airport or such officer(s) authorised in this behalf for such tests or checks as may be prescribed by him for issue of certificates where such certificates have not been applied for to the Local Government Transport Authority: Provided that all or any such equipment or vehicles as have been issued with certificate of fitness by the Local Government Transport Authority may be required by the General Manager of Airport to be presented to him or such other officer authorised in this behalf by him for such checks or tests as deemed necessary by him for the purpose of safe operations.
(17) On parts of the airport to which the Motor Vehicles Act does not apply, no person shall drive a motor vehicle recklessly or at a speed prohibited by the General Manager under clause 18.
(18) The General Manager, of the Airport shall have the right to specify such restrictions on speed of vehicles in any part of the airport as he may deem fit and also to exercise control on parking of vehicles at the airport and the vehicle shall conform to those restrictions and observe all signs and instructions that may be put up by the General Manager of Airport.
(19) No person whilst driving or propelling a vehicle on parts of the airport to which the Motor Vehicles Act does not apply, shall neglect, fail or refuse to comply with an Indication or direction given by either :-
(i) a traffic sign placed on or near such parts of the airport, or
(ii) a police officer or an officer of the authority for time being engaged in the regulation of traffic.
(20) In case an accident occurs on a part of the airport where the Motor Vehicles Act does not apply, the driver of the vehicle involved shall stop and shall report the accident to the General Manager of the airport and, or to the Police Officer on duty as soon as reasonably practicable, and in any event before leaving the airport.
(21) No person shall place an aircraft anywhere at the airport other than at the area and positions designated by the General Manager of Airport.
(22) Unless otherwise provided under the Act or by general or special order in writing by the Central Government, the use of the movement area of an aircraft by an aircraft shall be subject to payment of such landing, parking or housing fees or subject to payment of such landing, parking or housing fees or charges as are levied by the authority from time to time.
(23) In the process of landing, taking-off, taxying or parking an aircraft or in any way using the airport, if any damage is caused to the lighting or other airport fixtures, the owner of the aircraft concerned shall be liable for damage as may be determined by the authority.
(24) In the event of an accident involving an aircraft within the premises of the airport, the person-in-command of the aircraft or the owner, the operator or the hirer of the aircraft shall notify to the airport General Manager as soon as possible but not later than 24 hours.
(25) No person shall wilfully and without good cause operate, or attempt, to operate, any switch or lever of any escalator or lift upon or near which is displayed a notice that it is intended only to be operated In case of emergency.
(26) No person shall work or use any mechanical, electrical or other device line, system, electrical or electronic apparatus that generates, or designed to generate or Ilable to generate electro-magnetic energy at frequencies of not more than 3,000 GHz in such a manner as to endanger the functioning of radio navigation services, or other safety services or seriously degrades, obstructs or repeatedly interrupts by Its emission, radiation or induction a radio communication service at the airports.
(27) No person shall smoke in or otherwise bring any paked light into or in any place anywhere within 100 ft. or 30 metres near an aircraft or a store of liquid fuel or explosive where any such act is prohibited by notice or under the provisions of theAircraft Act, 1934the Aircraft Rules. 1937 and/or any directive issued in this behalf.
(28) General Manager of Airport shall have the power to remove or cause to be removed any person from an aircraft if in the opinion of that authority such person's presence is likely to obstruct the normal functioning of the airport or is likely to endanger the safety of the aircraft or other persons.
REGULATION 5 PREVENTION OF DANGER TO PUBLIC ARISING FROM THE USE AND OPERATION OF AIRCRAFT AND VEHICLES
- (1) The General Manager of Airport may issue local orders from time to time in regard to use of the airport as contained in these regulations.
(2) Only such towing vehicles (tractors) as have been approved by the Authority for the purpose may tow aircraft and in doing so follow the towing routes which may be determined by the General Manager of airport.
(3) All vehicles operating in the operational area shall be, if required by the Competent Authority, fitted with radio/telephone equipment enabling two-way communication with the ground units as may be specified by the General Manager of airport.
REGULATION 6 PREVENTION OF OBSTRUCTION WITHIN THE AIRPORT FOR ITS NORMAL FUNCTIONING
- (1) No person shall obstruct or interfere with the proper use of the airport.
(2) No person shall obstruct any person acting in the execution of his duty in relation to the operation of the Airport, including the conveyance of passenger, their baggage and other goods, and the maintenance and servicing of aircraft.
(3) Without the permission of the competent authority no person shall to the annoyance of any other person sing, dance, shout, play musical instrument or erect any apparatus for transmission, receipt, recording, reproduction or amplification of sound, speech or Images.
(4) No person shall organise or take part in any public assembly, demonstration or procession likely to obstruct or interfere with proper use and orderly functioning of the airport or to cause serious public disorder or obstruct or interfere with the comfort, convenience and safety of passengers using the airport.
(5) No person shall without the permission of the competent authority dig soil or cut or remove turf or erect structures temporary or permanent within the airport area.
(6) No person shall without the approval of the competent authority store cargo, drums, cases, building materials, spare parts and other objects outside the places or rooms intended or designated for that purpose.
REGULATION 7 PROHIBITING OR RESTRICTING THE PARKING OR WAITING OF ANY VEHICLE OR CARRIAGE WITHIN THE AIRPORTS
- (1) No person shall without the permission of the General Manager of Airport drive or place a vehicle elsewhere than in a place provided for the passage or accommodation for such vehicles. He shall be liable to pay charges at such rates as prescribed by the Competent Authority for parking of vehicles in such places.
(2) No person shall on parts of the airport to which the Motor Vehicles Act does not apply, wait, leave or park a vehicle in excess of the permitted time in an area where the period of waiting is restricted by notice or order.
(3) Any vehicle parked in an unauthorised place, or in excess of the permitted time of the parking, shall be liable to be removed or caused to be removed and stowed away at the expense of the owner without Ilability for damage thereto arising from or out of such removal or stowage.
(4) No person shall park a vehicle at the airport for the purpose of plying for hire except in an authorised car park approved by the competent authority.
(5) No person shall ply a taxi for hire except from an authorised stand approved for that purpose and indicated by proper signs. The operation of the taxis within the airport area shall be regulated by a local order issued by the General Manager of Airport from time to time.
REGULATION 8 ENTRY INTO AIRPORTS
- (1) No person shall enter, or he-in, the Terminal Building or part of such building, unless, he Isolds an admission ticket valid for entry therein : Provided that this sub-regulation shall not apply to :
(a) any passenger embarking, disembarking or in transit who holds an air ticket or ;
(b) any person who is engaged on regular duty and is exempted from the
provisions of this sub-rule by General or special order in writing from the Chairman.
(2) An admission ticket may be obtained from the airport authority on payment of such amount as may be specified by the Chairman from time to time.
(3) The admission ticket will be non-transferable and shall be produced for examination on demand by any officer authorised in this behalf by the Chairman.
(4)(a) An admission ticket may be a single entry ticket authorising single entry or a seasonal entry ticket authorising several entries during a season, that is to say, a month a quarter, or half year, into the terminal building or part of such building.
(b) A single entry ticket shall be valid for entry once only, into such building or part.
(c) A seasonal entry ticket shall be valid for the period specified therein, irrespective of the number of entries into such building or part.
(d) Notwithstanding anything contained in these regulations, the Chairman, the General Manager of the airport or any other officer authorised by the Chairman in this behalf may, if he is satisfied that it is necessary or expedient so to do for the maintenance of proper order or decorum, refuse admission to any person into the terminal building or any part of such building, or require any person in such building or part.
(5) Every person shall comply with any notice prohibiting or restricting access of any person or vehicle to any building, road or part of the airport.
REGULATION 9 PRESERVING ORDER WITHIN THE AIRPORT AND PREVENTING DAMAGE TO PROPERTY THEREIN
- (1) No person using the airport shall handle, interfere with or in any way meddle with Fixtures, fittings, equipment or other property of the authority.
(2) Every person handling or using equipment or property of the Authority shall do so in accordance with the directions and instructions which may be issued by the competent authority.
(3) No person shall behave in a disorderly, indecent or offensive manner within the airport area.
(4) No person shall be in a state of intoxication while within the airport area.
(5) No person shall use any language likely to cause offence or annoyance to any person.
(6) No person shall display on any part of the Airport any flag, banner, poster or emblem likely to cause a breach of peace.
(7) No person shall enter airport premises including any building or outside area with an animal except under a permission in writing by the General Manager of Airport laying down the conditions of such entry.
(8) No person shall, without the permission of the competent authority remove, displace, damage, deface, or alter any building, structure or other property whether movable or immovable (including bill or notice boards) forming part of or provided for or in connection with the airport or erect or place on any part of the airport any such structure or property.
REGULATION 10 REGULATION OR RESTRICTING ADVERTISING WITHIN THE AIRPORT
- (1) No person shall without the permission of the competent authority post, distribute or display signs, advertisements, circular or other printed or written matter at the airport.
(2) The General Manager of the Airport may remove or cause to be removed at the cost of the party concerned any unauthorised boards, advertisement, posters, counters, kiosks or other structures within the airport premises.
REGULATION 11 REQUIRING ANY PERSON TO LEAVE THE AIRPORT OR ANY PARTICULAR PART OF THE AIRPORT
-Any person acting in contravention of these regulations can be asked by the General Manager of Airport to leave the airport area.
REGULATION 12 PHOTOGRAPHY AT AIRPORTS
-No person shall take or cause or permit to be taken at the airport any photograph, except in accordance with and subject to the terms and conditions of a permission in writing granted by the Director General of Civil Aviation underrule 13 of the Indian Aircraft Rules, 1937-
REGULATION 13 GENERAL PROVISIONS
- (1) The Authority assumes no liability whatsoever for damage, which might be sustained by any person or company in consequence of the fact that the airport or any part thereof and its facilities cannot at the discretion of the authority be made available temporarily for use for valid reasons or due to circumstances beyond the control of the authority.
(2) The Airline companies or their representatives at the airports, shall inform the General Manager of airport in advance of the schedules of arrival and departure times of the aircraft calling at the airports.
(3) The Airline companies or their representatives shall provide traffic statistics in respect of their operations in such form and at such intervals as may be required by the General Manager.
(4) Furniture and fixtures provided in the airport premises for the use of passengers and visitors shall be used only for the purpose for which they are intended and shall not be put to any misuse.
(5) No person shall without the permission of the General Manager airport sell or distribute anything, offer anything for sale or hire or make any offer of services within the airport.
(6) The users of the airport shall be liable to pay compensation to the authority for any damage or loss which may be caused to the property of the authority as a result of not following these regulations. orders or instructions issued by the competent authority from time to time.
(7) No person shall carry on any trade or business at the airport without obtaining specific permission or licence from the competent authority who shall have the right to refuse for reasons to be recorded in writing or grant such permission and if granting, subject to such terms and conditions, as may be determined by the competent authority.
(8) The General Manager of the airport or any other person authorised by the Chairman by special or general order in writing In this behalf may at all reasonable times enter any place to which access is necessary for the purpose of exercising the powers of carrying out his duties under these regulations.
(9) Obstructions of authorised persons.-No person shall voluntarily obstruct any person acting in the exercise of his powers or In the discharge of his duties under these regulations.
REGULATION 14 PENALTIES
-Any person contravening any of the provision of these regulations shall be punishable with fine which may extend to five hundred rupees and in the case of continuing contravention, with an additional fine which may extend to Rs. 20 for everyday during which such contravention continues after conviction for the first such contravention.
Capt. A.M. Kapur, Chairman International Airport Authority of India, Yashwant Place, Chanakyapuri, New Delhi-110 021.
INTERNATIONAL AIRPORTS AUTHORITY (STORAGE AND PROCESSING OF GOODS) REGULATIONS, 1993
INTERNATIONAL AIRPORTS AUTHORITY OF INDIA NOTIFICATION New Delhi, the 4th June, 1993
1No. Cargo/135/9/Pt. 1.-In exercise of the powers conferred bySection 37 of the International Airports Authority Act, 1971 (43 of 1971)and in supersession of theInternational Airports Authority (Storage and Processing of Goods), Regulations, 1980, the International Airports Authority of India with the previous approval of the Central Government. hereby makes the following regulations, namely :-
REGULATION 1 SHORT TITLE AND COMMENCEMENT
- (1) These regulations may be called the International Airports Authority (Storage and Processing of Goods) Regulations, 1993.
(2) They shall come into force on the date of their publication in the Official Gazette.
REGULATION 2 DEFINITIONS
-Notwithstanding anything contained in any other Act, Rules, Regulations Notifications in these regulations, unless the context otherwise requires,-
(a) "Act" means theInternational Airports Authority Act, 1971 (43 of 1971):
(b) "Airport Director" means the Airport Director of the Airport to which these regulations apply ;
(c) "Authority" means the International Airports Authority of India:
(d) "baggage" means personal wearing apparel and personal articles of a passenger and includes unaccompanied baggage moving under an Airway Bill ;
(e) "cargo" means any property or goods carried or to be carried or an aircraft and also property or goods processed or stored by the Authority;
(f) "Cargo Handling Agency" means a person, firm or company handling cargo as an agent of the Authority or of the carrier and may include the Authority ;
(g) "carrier" means the airline that carries or undertakes to carry the cargo or perform any other service related to such air carriage;
(h) "Cargo Terminal" means areas, structure and installations used wholly or partly for storage or processing of cargo including the Airport Cargo Complex or any other ancillary areas, structures and installations used wholly or partly for storage or processing of cargo by the Authority ;
(i) "carting order" means a separate document or endorsement made on the Shipping Bill issued by a carrier, undertaking to airlift the export cargo by stipulated flight and date ;
(j) "consignee" means the person whose name appears on the Airway Bill or the person to whom the cargo is to be delivered;
(k) "Customs Act" means theCustoms Act, 1962 (52 of 1962);
(l) "demurrage" means the rate or amongst of charges payable to the Authority by a shipper or consignee or carrier for not removing cargo within the stipulated free storage period for clearance from the custody of the Authority and/or of the Customs at the Cargo Terminal :
(m) "export" means taking cargo or goods or property out of India from a place inside India ;
(n) "goods" means and include,-(i) vessels, aircraft & vehicles : (ii) stores; (iii) baggage;
(iv) currency & negotiable instruments ; and
(v) any other kind of movable property ;
(o) "handling charges" means charges payable to or collected by the Authority for providing handling facilities or services in relation to goods or cargo :
(p) "Head of the Cargo Department" means the Officer who is the overall incharge of the Department of Cargo at the corporate office of the Authority or any other Officer designated by the Chairman of the Authority and include the General Manager (Cargo);
(q) "import" means bringing cargo or goods or property into India from a place outside India :
(r) "officer" means an officer of the Authority including the Airport Director, the Head of the Cargo Department and General Manager (Cargo);
(s) "shipper" means and includes an exporter or an agent or a passenger or a consignor who tenders cargo for air carriage :
(t) "Shipping Bill" means Shipping Bill referred to inSection 50of the Customs Act ;
(u) "special charges" means charges payable to or collected by the Authority for providing special facilities like Cold-Storage, Strong Room, shade for live animals, hazardous Goods, etc. ;
(v) "stores" means goods for use in a vessel or an aircraft and includes fuel, spare parts and other articles and equipments, whether or not for immediate use ;
(w) "Storage and Processing Charges" means the expenses incurred by the Authority to process or store the goods or cargo and include electricity charges, insurance premium, security charges, terminal charges, surcharge for heavy Cargo, and cargoes requiring special care such as hazardous.
perishables, valuables and Express Cargo ; and Licence fee for providing such storage and processing facility.
(x) "Terminal Charges" means charges payable to or collected by the Authority or Cargo Handling Agency for use of facilities for processing of cargo :
(y) "Transhipment Cargo" means cargo which is unloaded from one carrier and loaded or intended to be loaded on the same or on another carrier.
REGULATION 3 PROCEDURE AND DOCUMENTS
- (1) The following procedures shall be followed for Storage and Processing and handling of cargo in the Cargo Terminal at an Airport, namely,-
(a) In regard to export goods the shipper or the passenger will obtain a valid carting order from the concerned carrier who will issue it separately or by stamping the Shipping Bill. The Cargo or goods will be admitted in the Cargo Terminal only after the above document is found to be in order by authorised officials and terminal charges are received. The charges may be paid in cash or by Bank Transfer or by maintaining a deposit account with the Authority or the accredited Handling Agency. The shipper or the passenger will get his cargo examined by Customs before handling it over to the officer of the Authority or accredital Handling Agency who will, on demand, transfer it to the concerned carrier after obtaining a valid receipt. The Authority shall have a lien on cargo or goods till the charges recoverable or applicable are received by it.
(b) In regard to goods imported, the goods will be received by the officers of the Authority or accredited Handling Agency from the carrier In the presence of customs offlcial(s). The consignee will be responsible for obtaining delivery order from the concerned airline, getting his cargo examined by Customs and obtaining "Out of Charge" endorsement. The officers of the Authority will deliver the consignment to the consignee or his authorised agent after collecting applicable charges and obtaining a valid
receipt from him and shall have a lien on cargo or goods till the same are paid.
(2) Airport Director or Head of the Cargo Department may prescribe additional procedures to suit local conditions. Such procedures may include time-limit for storing export, import and transhipment cargo in the Cargo Terminal.
(3) The Head of the Cargo Department or the Airport Director of the respective Airport may devise or prescribe documents to be used at the Cargo Terminal for storage and processing of Cargo or goods from time to time.
REGULATION 4 LEVY OF CHARGES
-The Authority shall levy charges which may include demurrage charges, handling charges, special charges for live animals, hazardous cargo, radioactive cargo and cargo requiring strong room facilities, storage and processing charges, terminal charges and any other charges for the purposes of giving effect to the provisions of these regulations.
REGULATION 5 SCALE OF CHARGES
-The Authority shall fix and revise from time to time, scale of charges referred to in these regulations. The charges shall be fixed keeping in view the need for providing requisite facilities and to discourage storage beyond a reasonable time.
REGULATION 6 WAIVER OF CHARGES
- (1) The Authority may from time to time lay down the circumstances and limits for waiver of charges to be exercised by the Chairman, Whole-time Member and similarly placed other officers.
(2) The Chairman may, in his discretion, waive charges in deserving cases, such as, non-commercial Importation by Government, charitable institutions, local authorities. Diplomatic Missions, United Nations agencies, Unaccompanied baggage or in other cases of similar nature.
(3) An appeal from a decision of an Officer specified in sub-regulation (1) shall lie with Member (Operations) and in cases where Member (Operations) is the deciding authority, with the Chairman. Such appeal shall be filed within 30 (Thirty) days of the receipt of decision by the Appellant.
(4) Member (Operations) or, as the case may be, the Chairman may, on sufficient grounds, condone the delay in filing the appeal beyond the period prescribed in sub-regulation (3) above.
(5) A Quarterly Reports of details of cases of waiver of charges involving Rs. 25,000 or more in each case under sub-regulations (1) and (2) shall be furnished to the Authority.
REGULATION 7 LICENSE FEE
- (1) Built-in-accommodation for office use, storage/processing of cargo & open space within cargo terminal may be given to Customs, Government regulatory agencies, airlines, air cargo agents, customs clearing agents and any other agency connected with Air Cargo trade on payment of license fee as may be determined by the Authority from time to time.
(2) The licensees shall also be liable to pay water, electricity, conservancy and such other charges as maybe fixed by the Authority from time to time.
REGULATION 8 CARE OF CARGO
-The Authority shall take such care of the cargo or goods which come in its custody as a man of ordinary prudence would under similar circumstances taken In relation to his own goods and in the absence of any contract to the contrary, the Authority will not be responsible for loss or destruction or deterioration of cargo or goods if care has been taken as aforesaid.
REGULATION 9 STORAGE OF CARGO
-Any officer not below the rank of Assistant Cargo Manager may issue instructions for movement and storage of cargo and for proper use of space, weighing, processing and storage equipment provided by the Authority In the Cargo Terminal.
REGULATION 10 ADMISSION OF PERSONNEL AND VEHICLES
-The officers as specified InRegulation 9may prevent or restrict admission of persons and vehicles and regulate their movement within the Cargo Terminal.
REGULATION 11 HOURS OF OPERATION
-Head of the Cargo Department or the Airport Director may lay down working hours for various operations In the Cargo Complex and revise the same from time to time.
V.K. Mathur, Chairman (International Airports Authority of India)
Footnotes:
1. The date sO appointed is 1-2-1972—See Gaz. of Ind., 1972, Pf. II, S. 3 (i), Ext., p. 225.
3. For International Airports Authority Rules. 1972, see S. O. 766 (E) published in Gaz. of Ind„ 1972, Pt II. S. 3 (ii), Ext.. No. 528. For International Airports Authority of India (Management of Airports) Regulations, 1982, See Gaz. of India, 1982, Pt. II-S.3(i), Ext.
