NATIONAL AIRPORTS AUTHORITY ACT, 1985

64 of 1985

7th December, 1985

An Act to provide for the establishment of an Authority for the management of aerodromes and civil enclaves whereat domestic air transport services are operated or are intended to be operated and of all communication stations and for matters connected therewith. Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-

Prefatory Note-Statement of Objects and Reasons.-The Directorate-General of Civil Aviation (DGCA), is responsible for the regulation and control of civil aviation activity in the country. The main functions of this organisation are:- (i) Construction and maintenance of domestic airports, including runways, taxiways, aprons and terminal buildings; (ii) Procurement, installation and maintenance of navigational aids and provision of tele-communications, navigational and air traffic control services; (iii) Regulatory functions such as licensing and training, air-worthiness and air safety control, ground safety and economic and regulatory functions relating to air transport services. 2. As a result of an all-round increase in the above activities and the introduction of sophisticated aircraft, the infra-structural facilities at aerodromes have had to be constantly improved. The functioning of the DGCA has been found difficult due to its having to have its constructions executed by the CPWD, its purchases routed through the DGS and D and its personnel recruited through the UPSC. There had therefore been delays in the above activities of the DGCA. 3. In order to study in depth the possibility of improving efficiency by introducing increased flexibility and autonomy for the development of domestic airports and the provision of air traffic services, the Ministry of Tourism and Civil Aviation set up an Experts Committee under the Chairmanship of the Director-General Civil Aviation. The Committee recommended setting up of a statutory authority, which would have the necessary flexibility and autonomy for taking up development activities in the field of civil aviation. 4. The recommendations of this Committee have been examined in depth and it is proposed to constitute a statutory authority for the development, construction and management of domestic airports and for the provision of navigational and tele-communication facilities and air traffic control services at airports located in different parts of the country. 5. For the remaining four-year period of the Seventh Five-Year Plan, a sum of Rs. 311.26 crores has been proposed for meeting the capital expenditure on the developmental activities at the various airports. This outlay can be spent more effectively with the setting up of the Authority. Projections with regard to estimated revenue, receipts and expenditure and the internal resources likely to be generated by the proposed Authority reveal that the creation of an autonomous domestic airports Authority would not cause any additional financial burden or liability on the Central Government and would, in fact, have definite functional advantages. 6. It is accordingly proposed to constitute a statutory authority for the development, construction and maintenance of all the domestic airports and civil enclaves in the country and also for provision of air traffic, tele-communication and navigational services. The Act will apply in relation to all aerodromes, civil enclaves and aeronautical communication stations, other than aerodromes to which the International Airports Authority Act, 1971, applies, and aerodromes and airfields belonging to or subject to the control of any armed force of the Union and will include premises necessary for carrying on by the said Authority, of the functions conferred on it by the Act. 7. The Bill seeks to achieve the above objects. 8. The Notes on clauses appended to the Bill explain the more important provisions of the Bill.

SECTION 01: SHORT TITLE, COMMENCEMENT AND APPLICATION

(1) This Act may be called the National Airports Authority Act, 1985.

(2) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.

(3) It applies to- 

(a) all aerodromes whereat domestic air transport services are operated or are intended to be operated, other than- 

(i) aerodromes to which the International Airports Authority Act, 1971 (43 of 1971), applies; and

(ii) aerodromes and airfields belonging to, or subject to the control of, any armed force of the Union;

(b) all civil enclaves; and

(c) all aeronautical communication stations.

SECTION 02: DEFINITIONS

-In this Act, unless the context otherwise requires,-

(a) "air traffic service" includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and aerodrome control service;

(b) "air transport service" means any service, for any kind of remuneration, whatsoever, for the transport by air of persons, mail or any other thing, animate or inanimate, whether such service relates to a single Height or series of flights;

(c) "Authority" means the National Airports Authority constituted under Section 3-;

(d) "civil enclave" means the area, if any, allotted at an aerodrome belonging to any armed force of the Union, for use by persons availing of any air transport services from such aerodrome or for the handling of baggage or cargo by such service, and includes land comprising of any building and structure on, such area ;

(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 any 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 does not include, for the purposes of Sections 4-,5-,6-and7-, an ex officio member referred to in clause (b) of sub-section (3) of Section 3-;

(g) "prescribed" means prescribed by rules made under this Act;

(h) "regulations" means regulations made under this Act; and

(i) words and expressions used herein and not defined but defined in the Aircraft Act, 1934 (22 of 1934)-, shall have the meanings, respectively, assigned to them in that 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 National Airports Authority.

(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 movable 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 eight and not more than fourteen members to be appointed by the Central Government.

(4) The Chairman shall be a whole-time member and 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 Chairman and the members referred to in clause (c) of subsection (3) shall be chosen from among persons who have special knowledge and experience in air transport or other transport services, industry, commercial or financial matters or administration and from among persons who are capable of representing organisations of workers and consumers.

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) if of unsound mind and stands so declared by a competent court; or

(d) has been removed or dismissed from the service of the Government or a body corporate 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 (other than the ex officio member) shall hold office for a period of three years from the date on which he assumes office: Provided that the Central Government may- 

(a) terminate the appointment of any whole-time member, who is not a servant

of the Government, after giving him notice for a period of not less than three

months or in lieu thereof, on payment of an amount equal to his salary and allowances, if any, for a period of three months,

(b) terminate the appointment of any part-time member who is not a servant of the 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 subsection (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 remove 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 so 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 REAPPOINTMENT

-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 the business at its meetings (including the quorum at such meetings) as may be provided by regulations.

(2) The Chairman, or, if for any reason he is unable to attend any meeting of the Authority 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: VACANCIES, ETC., NOT TO INVALIDATE PROCEEDINGS OF THE AUTHORITY

-No act or proceeding of the Authority shall be invalid merely by reason of-

(a) any vacancy in, or any defect in the constitution of, the Authority; or

(b) any defect in the appointment of a person acting as a member of the Authority; or

(c) any irregularity in the procedure of the Authority not affecting the merits of the case.

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 13-and to such rules as may be made 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 13-, 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: 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 aerodromes, the civil enclaves and the aeronautical communication stations efficiently.

(2) It shall be the duty of the Authority to provide air traffic service and air transport service at any aerodrome and civil enclaves.

(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 terminals and ancillary buildings at the aerodromes and civil enclaves;

(b) plant, procure, install and maintain navigational aids, communication

equipment, beacons and ground aids at the aerodromes and at such locations as may be considered necessary for safe navigation and operation of aircraft;

(c) provide air safety services and search and rescue facilities in co-ordination with other agencies;

(d) establish schools or institutions or centres for the training of its officers and employees in regard to any matter connected with the purposes of this Act;

(e) construct residential buildings for its employees;

(f) establish and maintain hotels, restaurants and restrooms at or near the aerodromes;

(g) establish warehouses and cargo complexes at the aerodromes for the storage or processing of goods;

(h) arrange for postal, money exchange, insurance and telephone facilities for the use of passengers and other persons at the aerodromes and civil enclaves;

(i) make appropriate arrangements for watch and ward at the aerodromes and civil enclaves ;

(j) regulate and control the plying of vehicles, and the entry and exit of

passengers and visitors, in the aerodromes and civil enclaves with due regard to the security and protocol functions of the Government of India;

(k) develop and provide consultancy services in India and abroad in relation to

planning and development of airports, air navigation services, ground aids and safety services or any facilities thereat;

(l) establish and manage heliports;

(m) provide such transport facility as are, in the opinion of the Authority, necessary to the passengers travelling by air;

(n) form one or more companies under the Companies Act, 1956 (1 of 1956)-or

under any other law relating to companies to further the efficient discharge of the functions imposed on it by this Act ;

(o) 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; and

(p) perform any other function considered necessary or desirable by the

Central Government for ensuring the safe and efficient operation of aircraft to, from and across the air space of India.

(4) Notwithstanding anything contained in the International Airports Authority Act, 1971 (43 of 1971), or sub-section (3) of Section 1or any other provision of this Act, the Authority shall, if the Central Government so directs by notification in the official Gazette, discharge the function of providing air navigation services referred to in the proviso to sub-section (2) of Section 16 of the International Airports Authority Act, 1971 at the airports to which that Act applies.

(5) 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.

(6) Nothing contained in this section shall be construed as- 

(a) imposing an obligation on the Authority to discharge any function or duty

[other than the function mentioned in subsection (4) and the duties arising therefrom] with respect to any aerodrome to which this Act does not apply ;

(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 duty or liability to which the Authority or its officers or other employees would not otherwise be subject.

SECTION 13: TRANSFER OF ASSETS AND LIABILITIES OF THE CENTRAL GOVERNMENT TO THE AUTHORITY

(1) As from such date as the Central Government may appoint by notification in the Official Gazette- 

(a) all properties and other assets including the equipment and navigational and ground aids relating to air traffic services and vested in the Central Government for the purposes of any aerodrome, civil enclave and aeronautical

communication station and administered by the Director-General of Civil Aviation immediately before such date shall vest in the Authority;

(b) all properties and other assets vested in the Central Government for the

purposes of Civil Aviation Training Centre, Allahabad and the Fire Services

Training School, Calcutta and administered by the Director-General of Civil Aviation immediately before such date shall vest in the Authority;

(c) all residential buildings owned by the Director-General of Civil Aviation immediately before such date shall vest in the Authority;

(d) 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 date for or in connection with the purposes of any aerodrome, civil enclave, aeronautical communication station, the Civil Aviation Training centre and the Fire Services Training School shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Authority ;

(e) all non-recurring expenditure incurred by the Central Government for or in connection with the purposes of any aerodrome, civil enclave, aeronautical communication station. Civil Aviation Training Centre, Fire Services Training School up to such date and declared to be capital expenditure by the Central Government shall subject to such terms and conditions as may be prescribed

by the Central Government, be treated as capital provided by the Central Government to the Authority;

(f) all sums of money due to the Central Government in relation to any aerodrome, civil enclave, aeronautical communication station, Civil Aviation

Training Centre and Fire Services Training School immediately before such date shall be deemed to be due to the Authority;

(g) all suits and other legal proceedings instituted or which could have been instituted by or against the Central Government immediately before such date for any matter in relation to any aerodrome, civil enclave, aeronautical communication station, Civil Aviation Training Centre and Fire Services Training School may be continued or instituted by or against the Authority.

(2) 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 Director-General of Civil Aviation 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.

(3) Every employee holding any office under the Director-General of Civil Aviation immediately before the commencement of this Act solely or mainly for or in connection with such affairs of the Directorate-General of Civil Aviation as are relevant to the functions of the Authority under this Act as may be determined by the Central Government 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 Authority duly absorbs such employee in its regular service: Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay the Central Government in respect to 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 his 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.

(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 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.

SECTION 14: 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 (1 of 1894)-, or of any other corresponding law for the time being in force.

SECTION 15: CONTRACTS BY THE AUTHORITY

-Subject to the provisions of Section 16-, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

SECTION 16: 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 be made 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 specified 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 17: POWER OF THE AUTHORITY TO CHARGE FEES, RENT, ETC

(1) The Authority may,- 

(i) with the previous approval of the Central Government, charge fees or rent, -

(a) for the landing, housing or parking of aircraft or for any other service or facility offered in connection with aircraft operations at any aerodrome or heliport. Explanation.-In this sub-clause "aircraft" does not include an aircraft belonging to any armed force of the Union and "aircraft operations" do not include operations of any aircraft belonging to the said force;

(b) for providing air traffic services, ground safety services, aeronautical communications and navigational aids and meteorological services at any aerodrome and at any aeronautical communication stations;

(c) for the amenities given to the passengers and visitors at any aerodrome, civil enclave or heliport;

(d) for the use and enjoyment by persons of facilities and other services provided by the Authority at any aerodrome, civil enclave or heliport;

(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 aerodrome or heliport.

(2) The Authority may also charge, with the previous approval of the Central Government, fees for providing air navigation services referred to in sub-section (4) of Section 12 at the airports to which the International Airports Authority Act, 1971 (43 of 1971), applies.

SECTION 18: ADDITIONAL CAPITAL AND GRANT 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 (e) of sub-section (1) of Section 13-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 (2 of 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 aerodrome 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, 1956 (1 of 1956)-, 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 profit 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 REPORT

(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 38-) 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 it 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 (45 of 1860)-

SECTION 29: PROTECTION OF ACTION TAKEN IN GOOD FAITH

-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 aerodromes, civil enclaves, aeronautical communication stations or other things belonging to or under the control of the Authority. NOTES Good Faith.-The term 'good faith' has been defined differently in different enactment, In Section 3(22) of the General Clauses Act, 1897 'good faith' is defined thus: "a thing shall be deemed to be done in 'good faith' where it is in fact done honestly, whether it is done negligently or not." In Section 52, I.P.C., "good faith" is defined thus "Nothing is said to be done or believed in good faith which is done or believed without due care and attention."

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 (43 of 1961)-, on any other enactment for the time being in force relating to income-tax or any other tax or 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 may be agreed upon between the Authority and the person concerned.

SECTION 33: POWER TO ISSUE DIRECTIONS

(1) The Authority or any officer specially authorised by it in this behalf may, from time to time, by order, issue directions, consistent with provisions of the Aircraft Act, 1934 (22 of 1934)-, and the rules made thereunder, with respect to any of the matters specified in clauses (f), (h), (i), (j), (k), (m), (p), (qq), and (r) of sub-section (2) of Section 5-of that Act, to any person or persons engaged in aircraft operations or using any aerodrome or civil enclave, in any case where the Authority or the officer is satisfied that in the interests of the security of India or for securing the security of the aircraft it is necessary to do so.

(2) Every direction issued under sub-section (1) shall be complied with by the person or persons to whom such direction is issued.

(3) If any person wilfully fails to comply with any direction issued under this section, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both.

SECTION 34: POWER OF THE CENTRAL GOVERNMENT TO TEMPORARILY DIVEST THE AUTHORITY OF THE MANAGEMENT OF ANY AERODROME

(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 aerodrome, civil enclave or aeronautical communication station 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 aerodrome, civil enclave or aeronautical communication station 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 aerodrome, civil enclave or aeronautical communication station 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 aerodrome, civil enclave or aeronautical communication station 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 necessary to enable the authorised person to exercise the powers and discharge the functions of the Authority under this Act in relation to the aerodrome, civil enclave or aeronautical communication station, 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 aerodrome, civil enclave or aeronautical communication station 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 aerodrome, civil enclave or aeronautical communication station, the authorised person shall cease to exercise and perform the powers and functions of the Authority under this Act in relation to such aerodrome, civil enclave or aeronautical communication station 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 aerodrome, civil enclave, aeronautical communication station, the authorised person shall hand over to the Authority any properly (including any sum of money or other asset) remaining with him in connection with the management of such aerodrome, civil enclave, aeronautical communication station.

(7) Anything done or any action taken lawfully by the authorised person in relation to any aerodrome, civil enclave, aeronautical communication station 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 35: POWER OF THE 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 aerodrome, civil enclave, aeronautical communication station 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 re-constituted 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 re-constituted 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) re-constitute the Authority by fresh appointment and in such case any persons who vacated their offices under clause (a) of sub-section (2) shall riot 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 sub-section.

(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 36: POWER OF THE CENTRAL GOVERNMENT TO ISSUE DIRECTIONS

(1) Without prejudice, to the foregoing provisions of this Act, the Authority shall, in the discharge of its functions duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from lime 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.

(3) The Central Government may, from time to time, issue directions to the Authority regarding the discharge of any functions to it under clause (e) of sub-section (3) ofSection 12-and the Authority shall be bound to comply with such directions.

SECTION 37: POWER TO MAKE RULES

(1) The Central Government may, by notification in the official Gazette, make rules for 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 be resigns his office, under that section;

(c) the conditions and limitations subject to which the Authority may appoint officers and other employees under sub-section (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 aerodrome, civil enclave, aeronautical communication station, the Civil Aviation Training Centre and the Fire Service Training School shall be treated as the capital provided by the Central Government to the Authority under clause (e) of sub-section (1) of Section 13-;

(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.

SECTION 38: POWER 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 time and places of the meetings of the Authority and the procedure to be followed for the transaction of business at such meetings under sub-section (1) of Section 8-;

(b) the conditions of service and the remuneration of officers and other employees appointed by the Authority;

(c) the allotment of residential accommodation to the officers and other employees appointed by the Authority;

(d) 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;

(e) the storage or processing of goods in any warehouse established by the

Authority under clause (g) of sub-section (3) of Section 12-and the charging of fees for such storage or processing;

(f) the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the persons entitled thereto;

(g) the disposal of any lost property in cases where such property is not restored;

(h) securing the safety of aircraft, vehicles and persons using the aerodrome or civil enclave and preventing danger to the public arising from the use and operation of aircraft in the aerodrome or civil enclave;

(i) preventing obstruction within the/aerodrome or civil enclave for its normal functioning;

(j) prohibiting the parking or waiting of any vehicle of carriage within the aerodrome or civil enclave except at places specified by the Authority;

(k) prohibiting or restricting access to any part of the aerodrome or civil enclave;

(1) preserving order within the aerodrome or civil enclave and preventing damage to property therein;

(m) regulating or restricting advertising within the aerodrome or civil enclave;

(n) requiring any person, if so directed by an officer appointed by the

Authority in this behalf, to leave the aerodrome or civil enclave or any particular part of the aerodrome or civil enclave; and

(o) generally for the efficient and proper management of the aerodrome or civil enclave.

(3) Any regulation made under any of the clauses (h) to (o) (inclusive) of sub-section (2) may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention.

(4) No regulation made by the Authority under this section shall have effect until it has been approved by the Central Government and published in the official Gazette.

SECTION 39: SUPPLEMENTARY PROVISIONS RESPECTING REGULATIONS

-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.

SECTION 40: RULES AND REGULATIONS TO BE LAID BEFORE PARLIAMENT

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

SECTION 41: 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 or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

SECTION 42: AMENDMENT OF ACT 22 OF 1934

-In sub-section (2) of Section 5 of the Aircraft Act, 1934, in clause (b), after the words and figures "the International Airports Authority Act, 1971 (43 of 1971)", the words and figures "or the National Airports Authority Act, 1985" shall be inserted.

NATIONAL AIRPORTS AUTHORITY (GRATUITY) REGULATIONS, 1992

4th May, 1992

STATEMENT OF OBJECTS AND REASONS The Directorate-General of Civil Aviation (DGCA), is responsible for the regulation and control of civil aviation activity in the country. The main functions of this organisation are:- (i) Construction and maintenance of domestic airports, including runways, taxi-ways, aprons and terminal buildings; (ii) Procurement, installation and maintenance of navigational aids and provision of tele-communications, navigational and air traffic control services ; (iii) Regulatory functions such as licensing and training, airworthiness and air safety control, ground safety and economic and regulatory functions relating to air transport services. 2. As a result of an all-round increase in the above activities and the introduction of sophisticated aircraft, the infra-structural facilities at aerodromes have had to be constantly improved. The functioning of the DGCA has been found difficult due to its having to have its constructions executed by the CPWD, its purchases routed through the DOS and D and its personnel recruited through the UPSC. There had therefore been delays in the above activities of the DGCA. 3. In order to study in depth the possibility of improving efficiency by introducing increased flexibility and autonomy for the development of domestic airports and the provision of air traffic services, the Ministry of Tourism and Civil Aviation set up an Experts Committee under the Chairmanship of the Director-General Civil Aviation. The Committee recommended setting up of a statutory authority, which would have the necessary flexibility and autonomy for taking up developmental activities in the field of civil aviation. 4. The recommendations of this Committee have been examined in depth and it is proposed to constitute a statutory authority for the development, construction and management of domestic airports and for the provision of navigational and tele-communication facilities and air traffic control services at airports located in different parts of the country. 5. For the remaining four-year period of the. Seventh Five-Year Plan, a sum of Rs. 311.26 crores has been proposed for meeting the capital expenditure on the developmental activities at the various airports. This outlay can be spent more effectively with the setting up of the Authority. Projections with regard to estimated revenue, receipts and expenditure and the internal resources likely to be generated by the proposed Authority reveal that the creation of an autonomous domestic airports Authority would not cause any additional financial burden or liability on the Central Government and would, in fact, have definite functional advantages. 6. it is accordingly proposed to constitute a statutory authority for the development, construction and maintenance of all the domestic airports and civil enclaves in the country and also for provision of air traffic, tele-communication and navigational services. The Act will apply in relation to all aerodromes, civil enclaves and aeronautical communication stations, other than aerodromes to which the International Airports Authority Act, 1971, applies, and aerodromes and airfields belonging to or subject to the control of any armed force of the Union and will include premises necessary for carrying on by the said Authority, of the functions conferred on it by the Act. 7. The Bill seeks to achieve the above objects. 8. The Notes on clauses appended to the Bill explain the more important provisions of the Bill. New Delhi ASHOK GEHLOT The 25th August, 1985. (Gazette of India, Extr. Pt. II S. 2 dt. 25-8-85 pp. 63-64)

NATIONAL AIRPORT AUTHORITY NOTIFICATION New Delhi, the 4th May, 1992 NATIONAL AIRPORTS AUTHORITY (GRATUITY) REGULATIONS, 1992

1No. Sec. 9.2.8.-In exercise of the powers conferred by clause (b) of sub-section 2 ofSection 38 of the National Airports Authority Act, 1985 (64 of 1985), the National Airports Authority 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 National Airports Authority (Gratuity) Regulations, 1992.

(2) They shall come into force on the date of their publication in the Official Gazette.

Comments-Date of coforcent 4th May, 1992 Gazette of India, Pt III 4. Extra, dated 4.5.1992, p. 17.

REGULATION 2 DEFINITIONS

-In these regulations, unless the context otherwise requires:-

(a) "Apprentice" or "trainee" means a person engaged for training in the business of the Authority with or without payment of remuneration during the period of training.

(b) "Authority" means theNational Airports Authority constituted under the National Airports Authority Act, 1985.

(c) "casual employee" means a employee who is engaged for a work of casual or occasional nature.

(d) "Chairman" means the Chairman of the National Airports Authority.

(e) "competent authority" means the Chairman, any other member or any officer of the Authority authorised by the Chairman to act as competent authority for the purpose of these regulations.

(f) "completed Year of Service" means continuous service for one year.

(g) "continuous service" means uninterrupted service under the Authority and includes service which is interrupted by sickness, accident, leave, lay off, strike or a lock-out or cessation of work not due to the fault of the employee concerned.

Explanation.-For the purpose of this clause, the number of days on which an employee has actually worked under the Authority shall include the days on which :- 

(i) he has been laid off under an agreement or as permitted by the standing orders under the Industrial Employment (Standing Orders) Act, 1946, or under the Industrial Disputes Act, 1947, or under any other law ;

(ii) he has been on leave with full wages, earned in the previous year:

(iii) he has been absent due to temporary disablement caused by an accident arising out of and in the course of his employment: and

(iv) in the case of a female, she has been on maternity leave, so, however, that the total period of such maternity leave does not exceed 12 weeks.

(h) "Emolument" for the purpose of these regulations shall mean the last pay drawn (which term includes basic pay. special pay, dearness allowance, leave salary, subsistence grant and wages in the case of nonsalaried employees) drawn immediately preceding the date of quitting service or the date of his death. There will be no ceiling on reckonable emoluments for calculating the gratuity. 

Note 1.-If any employee immediately before cessation of his service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments

which he 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 ;

(i) "Employee" means a whole time employee of the Authority but shall not include the following :- 

(i) Members of the Authority :

(ii) Casual and non-regular employees ;

(iii) Government servants and other persons employed on deputation basis; (iv) Employees on contract basis ; (v) Apprentices and trainees ; (vi) Apprentices and trainees ;

(j) "Family" in relation to an employee, shallbe deemed to consist of,- 

(i) In the case of a male employee, himself, his wife, children, whether married

or unmarried, his dependent parents (and the dependent parents of his wife and widow) and children of his predeceased son, if any.

(ii) In the case of a female employee, herself, her husband, her children,

whether married or unmarried, her dependent parents and the dependent

parents of her husband and the widow and Children of her predeceased son, if any.

Explanation.-Where the personal law of an employee permits the adoption by him of a child, any child lawfully adopted by him shall be deemed to be included in his family, and where a child of an employee has been adopted by another person and such adoption is under the personal law of the person making such adoption lawful, such child shall be deemed to be excluded from the family of the employee.

(k) "Form" means a form appended to these regulations.

(l) "Retirement" means termination of the service of an employee other than on superannuation.

(m) "Superanuation" 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.

(n) 'qualifying service' shall mean continuous service rendered by the employee of the Authority, after completion of 18 years of age, excluding the period of service rendered as a Trainee, extraordinary leave otherwise than that granted on medical grounds or absence without leave salary. Period of six months and over shall be reckoned as one year. In case of employees taken on transfer terms or on permanent absorption basis from Government Department other Public Sector Undertakings, service rendered under the previous employer shall count towards qualifying service in the Authority, except where such employees have received the gratuity amount under the previous employers for past service, in which case the qualifying service for gratuity in the Authority will be reckoned from the date of joining the Authority. 

Note :-Where the application for employment in the Authority has been received through previous employer and the previous employer agrees to transfer of gratuity, such transaction will be deemed as transfer and the minimum qualifying service of five years will not be required to be fulfilled.

REGULATION 4 NOMINATION

(1) Every employee shall make a nomination in the specified from 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 or 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, it may be paid to all such members other than any such member who is a widowed daughter in equal shares :

(b) if there are not such surviving members of the family, but there are one or

more surviving widowed daughters and or one or more surviving members of the family, 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 returns 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. 

Note : "Form 'A' as required under regulation 4 sub-regulation (4) is prescribed in the list of form appended to these regulations. The form of Nomination is to be filed in by every employee to enable his family members to receive the gratuity in the event of the death of the employee".

(5) An employees 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 in2[Form 'B'] to the competent authority and the provisions of sub-regulation (4) shall apply as far as may be, 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 in3[Form 'C'] and thereafter the provisions of sub-regulation (4) shall apply as far as may be 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 in4[Form 'C'.]

(10) Every nomination, fresh nomination of 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 of 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) As soon as gratuity becomes payable, the competent authority shall, whether an application referred to in sub-regulation (1) ofregulation 6-has beenmade or not determine the amount of gratuity and give notice in Form 'C' to the person to whom the gratuity is payable, specifying the amount of gratuity so determined.

REGULATION 6 APPLICATION FOR GRATUITY

Every employee who is eligible for payment of gratuity under these regulations or any person authorised in writing to action on his behalf shall apply to the competent authority in5[Form 'D'] within 30 days from the date on which 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 in6[Form 'E'] ordinarily within 30 days from the date on which the gratuity became payable to him, to the competent authority: 

Provided that an application in plain paper with relevant particular shall also be accepted and 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 in7[Form 'F'] 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 competent authority if the applicant shows sufficient cause for the delay in preferring his claim and no claim for gratuity under these regulations shall be invalid merely because the claimant, failed to present 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 in8[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 anotice in9[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 mentioned in 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 or maintainability of his claim as the case may be. In that case the time limit specified for issuance of notices 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 an acknowledgment due.

REGULATION 8 MODE OF PAYMENT OF GRATUITY

(1) The gratuity payable under these regulations shall be paid in cash or, if so desired by the payee, by draft or cheque drawn in favour of the eligible employee, nominee or legal heir, as the case may be.

(2) The Authority shall arrange to pay the amount of gratuity within 3 days from the date it becomes payable to the persons to whom the gratuity is payable.

(3) If the amount of gratuity payable under these regulations is not paid within the period specified in sub-regulation (2), the Authority shall pay from the date on which the Gratuity becomes payable to the date on which it is paid simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long term deposit, as the Government may, by notification specify : 

Provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the Authority has obtained permission in writing from the Central Government for the delayed payment on this ground :

Provided further that in case the eligible employee, nominee or heir as the case may be so desires 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 shallhave 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. C.K.S. Raje, Air Marshal PVSM. AVSM, Chairman (National Airports Authority)

NATIONAL AIRPORTS AUTHORITY (MANAGEMENT OF AIRPORTS) REGULATIONS, 1989

27th December, 1989

1No Sec:-9.2.4.-In exercise of the powers conferred by sub-section (i) read with clauses (h), (i), (k), (l), (m) and (o) of sub-section (2) and with sub-section (4) ofSection 38 of the National Airports Authority Act, 1985 (64 of 1985), the National Airports Authority, 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 National Airports Authority (Management of Airports) Regulations, 1989.

(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 :-

(1) "Act" means theNational Airports Authority Act, 1985 (64 of 1985)-.

(2) "Aeronautical Communication Stations" means any establishment used for communication and navigation ; (including Control Tower VOR. Radar and other similar establishments).

(3) "aerodrome reference point", in relation to an aerodrome, means a designated point established In the horizontal plane at or near the geometric centre of that part of the accordance reserved for the departure of landing of aircraft.

(4) "air traffic control service" means the services relating to :- 

(i) Prevention collision :- 

(a) between aircraft ; and

(b) on the manoeuvring area between aircraft and obstructions; and

(ii) maintenance of Safe orderly and expeditions flow of air traffic;

(5) "apron" means a defined area, on a land aerodrome. intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, refuelling, parting or maintenance;

(6) "Authority" means the National Airports Authority constituted underSection 3-of the Act ;

(7) "Chairman" means the Chairman of the Authority.

(8) "Competent Authority" means, in relation to exercise of any power under the Act the Authority, the Chairman, any member authorised by the Chairman or any other Officer of the Authority specified by the Chairman in that behalf :

(9) "control tower" means a unit established at an aerodrome to provide air traffic control to aerodrome traffic ;

(10) "Customs Act" means theCustoms Act, 1962 (52 of 1962)-:

(11) "Manoeuvring area" means that part of an aerodrome to be used for take off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing excluding aprons;

(12) "member" means a member of the Authority ;

(13) "Motor Vehicles Act" means theMotor Vehicles Act, 1988 (59 of 1988)-;

(14) "movement area" means that part of the aerodrome intended for the surface movement of the aircraft and includes the manoeuvring area and apron ;

(15) "pilot In command" means the pilot responsible for the operation and safety of the aircraft during flight.

REGULATION 3 RESTRICTIONS ON AIRCRAFT, VEHICLES AND PERSONS USING AERODROME, ETC

(1) Between sunset and sunrise, and during day time when visibility is less than 500 metres, all vehicles operating on any place where the Act applies and where theMotor Vehicles Act-does not apply, shall have their lights on.

(2) Fuel Tracks operating on part of any place where the Act applies and to which theMotor Vehicles Actdoes not apply, shall, in addition, 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) Display of False Lights :-No person shall, without prior permission of the Competent Authority exhibit or display a false light or any nature within a radius of 5 kilometres from the Aerodrome Reference Point, which :- 

(i) by reasons of its liability to be mistaken for an aeronautical ground light or an aeronautical beacon, is calculated to endanger the safety of aircraft ; or

(ii) by being in the vicinity of an aerodrome is liable by reason of its glare to endanger the safety of arriving and departing aircraft from that aerodrome ; or

(iii) may prevent or cause confusion by reason of the intensity, configuration or colour in the clear interpretation of visual aids for navigation denoting obstacles or, restricted use areas;

In the event of display or exhibition of a false light of the aforesaid character, the Authority may call upon such person responsible for the display or exhibition of such light to extinguish the same or for effectively screening such a light and for future prevention of display or exhibition of any similar light.

(4) No person shall commit any act of causing or tending to cause an outbreak of fire.

(5) No person shall transport or store any hazardous goods (or materials) or animals at the aerodrome without special permission of the Competent Authority.

(6) No person shall without the prior permission of the Competent Authority light a fire elsewhere than in a place constructed for that purpose.

(7) No person shall, without obtaining 'No Objection' from the Competent Authority fill or discharge any container including any part of the vehicle liquid fuel, elsewhere than in a place approved for that purpose by the Competent Authority and as prescribed inIndian Aircraft Rules, 1937-.

(8) 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 of any mechanical or electrical or radio navigational or communication stations, machinery line, post or other thing whatever being part of or used in the said apparatus or in the working thereof.

(9) No person shall slaughter or flay any animal or deposit or drop any filth, garbase 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 Competent Authority.

(10) No person shall without the permission of Competent Authority let loose or graze animals at the aerodrome.

(11) No person shall tamper or interfere with any aircraft or any thing used in connection with any aircraft.

(12) 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.

(13) 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.

(14) The Airlines, its agents or any owner or operator of an aircraft involving night parking on the apron, shall ensure that the aircraft is properly and security moored to avoid risks due to high wind velocity or bad weather conditions.

(15) All aircraft movement including running of engines, allocation of parking bays push back of aircraft or taxing shall be controlled by the Air Traffic Control Unit in accordance with the laid down procedures and practices promulgated through NOTICE To AIRMEN or Aeronautical Information Circulars issued from time to time in pursuance of International Civil Aviation Organisation recommendations.

(16) The Airlines, their agents or owner of an aircraft shall ensure that all ramp equipment including ladders, trolleys or other loading/ off-loading vehicles on apron are properly braked and, where appropriate on jacks to minimise the risk of movement when subjected to jet blast or propeller slipstream. They should also ensure that litter or rubbish is not left on the parking bays as it may constitute a great risk due to jet suction of engines.

(17) Airlines and oil companies responsible for aircraft fuelling operation shall ensure that all precautions and safety procedures during fuelling of aircraft are strictly adhered to. They should, however, observe the following main points :- 

(a) No smoking or naked lights within the fuelling zone.

(b) Auxilliary power unit or ground power unit shall not be started during the fuelling operations.

(c) A clear exit path to be maintained to and from the aircraft to allow the quick removal of fuelling equipment in case of an emergency.

(d) Correct earthing procedures for the aircraft and fuel supply sources to be adopted.

(e) Fire extinguishers of suitable type should be readily available, and

(f) Fuel spillage should be immediately attended to.

(18) All apron users shall exercise proper caution to be away from the jet effluxes and propeller slip streams of aircraft starting engines or taxing out in the movement area.

(19) No person shall without obtaining 'No Objection' from the appropriate Competent Authority run up an aircraft engine in a hangar.

(20) No person shall drive any vehicle on part of the aerodrome, where the Motor Vehicles Act does not apply unless he has been specifically authorised by the Competent Authority after passing any test or examination as may be prescribed by the Competent Authority: 

Provided, however, that the Competent Authority may also require such a person to possess licence under the Motor Vehicle Act, after passing such test or examination as may be prescribed thereunder before permitting him to drive any vehicle In those parts of the aerodrome where the aforesaid Act is not applicable.

(21) 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 area. Drivers and owners of such vehicles shall present them to the Competent Authority or such office(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 Competent Authority 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.

(22) On parts of the aerodrome to which the Motor Vehicles Act does not apply, no person shall drive a motor vehicle recklessly or at a speed prohibited by the Competent Authority.

(23) The Competent Authority shall have the right to specify such restrictions on speed of vehicles in any part of the aerodromes as he may deem fit and also to exercise control on parking of vehicles at the aerodrome and the vehicle shall conform to those restrictions and observe all signs and instructions that may be put up by the Competent Authority.

(24) No person whilst driving or propelling a vehicle on parts of the aerodrome to which theMotor 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 parts of the aerodrome, or

(ii) a police officer or an officer of the authority for time being engaged in the regulation of traffic.

(25) In case an accident occurs on a part of the aerodrome where the Motor Vehicles Actdoes not apply, the driver of the vehicle involved shall stop and shall report the accident to the competent authority and/ or to the Police Officer on duty as soon as reasonably practicable, and in any event before leaving the aerodrome.

(26) No person shall place an aircraft anywhere at the aerodrome other than at the areas and positions designated by the Competent Authority.

(27) 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 aerodrome by an aircraft shall be subject to payment of such landing, parking or housing fees or charges as are levied by the Authority from time to time.

(28) In the process of landing, taking-off, taxing or parking an aircraft or in any way using the aerodrome, if any damage is caused to the lighting or other aerodrome fixtures, the owner of the aircraft concerned shall be liable for damage as may be determined by the Authority.

(29) In the event of an accident involving an aircraft within the premises of the aerodrome, the person-in-command of the aircraft or the owner, the operator or the hirer of the aircraft shall notify to the Competent Authority as soon as possible but not later than 24 hours.

(30) No person shall wilfully and without good cause operate, or attempt to operate, any switch or lever of any escalator of lift upon or near which is displayed a notice that it is intended only to be operated In case of emergency.

(31) 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 liable 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 degrade, obstruct or repeatedly interrupt by its emission radiation or induction, aeronautical communication services at the airports.

(32) No person shall smoke in or otherwise bring any naked 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 the Aircraft Act, 1934-, the Aircraft Aircraft Rules, 1937and or any directive issued in this behalf.

(33) The Competent Authority 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 aerodrome or is likely to endanger the safety of the aircraft or other persons.

REGULATION 4 PREVENTION OF DANGER TO PUBLIC ARISING FROM THE USE AND OPERATION OF AIRCRAFT AND VEHICLES

(1) The Competent Authority may issue local orders from time to time in regard to use of the aerodrome 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 Competent Authority.

(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 appropriate Air Traffic Control Units as may be specified by the Competent Authority.

(4) Housing/Parking of Aircraft- 

(i) All aircraft shall be parked in the stands allocated by the Air Traffic Control.

(ii) No aircraft containing petroleum in bulk in any of its tanks may be housed in a hanger unless.

(a) such hanger is constructed of noninflammable material and is effectively and safely ventilated to the open air, and

(b) every such hanger is in the charge of a competent person who shall be responsible for taking all proper precautions against fire and shall prevent unauthorised persons from having access to the building.

(5) All parking/ housing of aircraft shall be subject to the payment of prescribed charges/ tariff to be determined by the Authority.

REGULATION 5 PREVENTION OF OBSTRUCTION WITHIN THE AERODROME FOR ITS NORMAL FUNCTIONING

(1) No person shall obstruct or interfere with the proper use of the aerodrome.

(2) No person shall obstruct any person acting in the executing of his duty in relation to the operation of the aerodrome and facilities thereof including the conveyance of passenger, their baggage and other goods, and the maintenance and servicing of aircraft.

(3) No agency responsible for the executive of civil/electrical or any other maintenance works of any nature, either permanent or temporary. in the movement area of an aerodrome shall enter or cross any part of such area except with the prior approval and subject to such conditions as may be determined by the competent authority.

(4) Any person, contractor or agency duly authorised for the execution of such works shall exercise reasonable care to avoid the problems of jet blast and noise of aircraft by providing lockout men for the working force deployed by him for the execution of such works.

(5) 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, reception, recording, reproduction or amplification of sound, speech or images.

(6) 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 aerodrome or to cause serious public disorder or obstruct or interfere with the comfort, convenience and safety of passengers using the aerodrome.

(7) 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 aerodrome area.

(8) 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 room Intended or designated for that purpose.

REGULATION 6 PROHIBITING OR RESTRICTING THE PARKING OR WAITING OF ANY VEHICLE OR CARRIAGE WITHIN THE AERODROMES

(1) No person shall without the permission of the Competent Authority, 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 aerodrome 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 liability for damage thereto arising from or out of such removal or stowage.

(4) No person shall park a vehicle at the aerodrome 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 taxies within the aerodrome area shall be regulated by a local order issued by the Competent Authority.

REGULATION 7 ENTRY INTO TERMINAL BUILDING

(1) No person shall be permitted to enter into the Terminal Building or part thereof unless, he holds:- 

(a) a valid admission ticket for entry into such building ; or

(b) a valid permit for entry into such building or part thereof issued by the Competent Authority : 

Provided this sub-regulation shall not apply to any passenger embarking, disembarking or in transit and who holds an air ticket.

(2) No person shall enter, or be in the Technical Building or part of such building or area, unless he holds a valid permit for entry therein issued by the Competent Authority.

(3) No person shall enter, or be in the Aeronautical Communication Stations or part of such building or area, unless he holds a valid permit for entry therein issued by the Competent Authority.

(4) An admission ticket may be obtained from the Competent Authority on payment of such amount as may be specified by the Competent Authority from time to time.

(5) An admission ticket shall be valid for entry only into such building or part for which it has been issued.

(6) The admission ticket shall be non-transferable and shall be produced for examination on demand by any officer authorised in this behalf by the Competent Authority.

(7) A permit shall be valid for the period specified therein, irrespective of the number of entries into any such building or part thereof as may be indicated in that pass.

(8) Every person holding a permit shall exhibit the same on his person at the time of entering the Terminal Building or Technical Building or the Aeronautical Communication Station or any part thereof.

(9) Notwithstanding anything contained in these regulations, the Competent Authority 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 any of these buildings or any part of such buildings, or require any person in such building or part thereof to leave the same.

(10) Every person shall comply with any notice prohibiting or restricting access of any person or vehicle to any building, road or part of the Terminal Building at airports or Technical Building or Aeronautical Communication Stations.

REGULATION 8 PRESERVING ORDER WITHIN THE AERODROME AND PREVENTING DAMAGE TO PROPERTY THEREIN

(1) No person using the aerodrome shall handle, interfere with or in any way middle with fixtures, fittings, equipment or other property of the authority.

(2) Every person handling or using equipment or property of the Authority shall do in accordance with the directions and instructions which may be issued by the Competent Authority.

(3) No persons shall be have in a disorderly, indecent or offensive manner within the accordance area.

(4) No person shall be in a state of intoxication while within the aerodrome 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 aerodrome or Aeronautical Communication Stations any flag, banner, poster, or emblem likely to cause a breach of peace.

(7) No person shall enter aerodrome premises and Aeronautical Communication Stations including any building or outside area with an animal except under a permission in writing by the Competent Authority 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 aerodrome and Aeronautical Communication Stations or erect or place on any part of the aerodrome any such structure or property.

REGULATION 9 REGULATION OR RESTRICTING ADVERTISING WITHIN THE AERODROME AND AERONAUTICAL COMMUNICATION STATIONS

(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 aerodrome ; or Aeronautical Communication Stations.

(2) The Chairman or any other officer of the aerodrome specified by the Chairman In that behalf 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 aerodrome and Aeronautical Communication Stations premises.

REGULATION 10 REQUIRING ANY PERSON TO LEAVE THE AERODROME OR AERONAUTICAL COMMUNICATION STATION OR ANY PARTICULAR PART OF THE AERODROME

-Any person in contravention of these regulations can be asked by the Competent Authority to leave the aerodrome area or the Aeronautical Communication Station.

REGULATION 11 PHOTOGRAPHY AT AERODROME

-No person shall take or cause or permit to be taken at the aerodrome 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 under rule 13 of the Indian Aircraft Rules, 1937-

REGULATION 12 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 aerodrome 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 aerodromes, shall inform the Competent Authority in advance of the schedules of arrival and departure times of the aircraft calling at the aerodromes.

(3) The Airline companies or their representative shall provide traffic statistics in respect of their operations in such form and at such intervals as may be required by the Competent Authority.

(4) Furniture and fixtures provided in the aerodrome 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 Competent Authority sell or distribute anything offer anything for sale or hire or make any offer of services within the aerodrome.

(6) The users of the aerodrome 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 aerodrome 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 Chairman, any Member or other officer of the aerodrome specified by the Chairman in that 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.

(10) No person shall interfere with the pilot or with any member of the operating crew of an aircraft or temper with any equipment of the aircraft or any other visual or instrument landing aids/radio navigational aids maintained at or near an aerodrome or Aeronautical Communication Stations under the control of the Authority.

(11) No person other than the occupant of an aircraft, manoeuvring in accordance with the rules, may enter upon the landing area of an aerodrome without the consent of the Officer- in-charge of the Aerodrome or the concerned Air Traffic Control.

REGULATION 13 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 Twenty rupees for everyday during which such contravention continues after conviction for the first such contravention. C.K.S. Raje, Air Marshal, PVSM, AVSM Chairman, National Airports Authority.