Section 41 of The Airports Authority of India Act, 1994
- (1)The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
- (2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for--
- (a)the period of notice as may be given by the Central Government to terminate the appointment of any part-time member of the Authority under clause (b) of proviso to sub-section (1) of section 5;
- (b)the conditions of service of the members of the Authority under sub-section (2) of section 5;
- (c)the period of notice as may be given by any member to resign his office under sub-section (3) of section 5;
- (d)the provisions subject to which officers and other employees may be appointed by the Authority and the category of officers to be appointed after approval of the Central Government under the proviso to sub-section (1) of section 10;
- (e)the provisions subject to which the Authority may manage the airports, civil enclaves and aeronautical communication stations under sub-section (1) of section 12; 1[(ee) 2[the rate of development fees in respect of airports other than major airports and] the manner of regulating and utilising the fees under section 22A;]
- (f)the manner in which the Authority may invest its funds under clause (b) of sub-section (3) of section 24;
- (g)the form in which the annual statement of accounts shall be prepared by the Authority under sub-section (1) of section 28: 1[(gi) the other manner of serving notice under sub-section (3) of section 28C;
- (gii)the other manner of serving notice under sub-section (4) of section 28C;
- (giii)the principles of assessment of damages under sub-section (2) of section 28G;
- (giv)the rate of simple interest under sub-section (3) of section 28G;
- (gv)any other matter under clause (c) of section 28H; 3*****
- (h)the form in which a report giving an account of its activities shall be prepared and submitted by the Authority to the Central Government under sub-section (1) of section 29; and
- (i)any other matter which is to be, or may be, prescribed.
Summary
- The Central Government has the power to make rules to help carry out the purposes of the Act, which become official when published in the Official Gazette.
- These rules can set the service conditions and notice periods for Authority members resigning or being terminated.
- The rules control how officers and employees are appointed, including which categories need the Central Government's direct approval.
- The rules dictate how the Authority should manage airports, invest its funds, and format its annual financial accounts and reports.
- The rules also govern the legal procedures for evicting unauthorised occupants, assessing property damages, and setting development fee rates.
Practical examples
FAQ
1. How does the Central Government officially create a rule under this Act?
The Central Government makes rules by publishing a notification in the Official Gazette.
2. Can the Central Government control how the Authority invests its money?
Yes, the Central Government can make rules specifying the exact manner in which the Authority may invest its funds.
3. Does the Government have a say in who the Authority hires?
Yes, the Central Government makes rules for the provisions of appointment and specifies which categories of officers require its direct approval.
Test yourself
Q1.Under Section 41 of The Airports Authority of India Act, 1994, which of the following is a specific matter the Central Government is allowed to make rules about?
Q2.Under Section 41 of The Airports Authority of India Act, 1994, the rules can define the notice period to terminate a part-time member's appointment. According to the cross-referenced Section 5, who has the power to terminate this part-time member?
Q3.Under Section 41 of The Airports Authority of India Act, 1994, the Central Government can make rules regarding the appointment of officers under Section 10. What specific restriction does Section 10 place on the Authority's power to appoint certain categories of officers?
Q4.Under Section 41 of The Airports Authority of India Act, 1994, which of the following eviction-related matters is handled by rules made by the Central Government rather than the eviction officer's own discretion?