Section 42 of The Airports Authority of India Act, 1994
- (1)The Authority may make regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
- (2)Without prejudice to the generality of the foregoing power, such regulations may provide for--
- (a)the time and places of the meetings of the Authority and the procedure to be followed for the transaction of business including the quorum at such meetings under sub-section (1) of section 8;
- (b)the conditions of service and the remuneration of officers and other employees to be appointed by the Authority under sub-section (2) of section 10;
- (c)the construction of residential accommodation for the officers and other employees appointed by the Authority under clause (e) of sub-section (3) of section 12;
- (d)the storage or processing of goods in any warehouse established by the Authority under clause (g) of sub-section (3) of section 12 and the charging of fees for such storage or processing;
- (e)the contracts or class of contracts which are to be sealed with the common seal of the Authority and the form and manner in which a contract may be made by the Authority under sub-section (1) of section 21;
- (f)the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the persons entitled thereto under section 34;
- (g)the disposal of any lost property in cases where such property is not restored;
- (h)securing the safety of aircraft, vehicles and persons using the airport or civil enclave and preventing danger to the public arising from the use and operation of aircraft in the airport or civil enclave;
- (i)preventing obstruction within the airport or civil enclave for its normal functioning;
- (j)prohibiting the parking or waiting of any vehicle of carriage within the airport or civil enclave except at places specified by the Authority;
- (k)prohibiting or restricting access to any part of the airport or civil enclave;
- (l)preserving order within the airport or civil enclave and preventing damage to property therein;
- (m)regulating or restricting advertising within the airport or civil enclave;
- (n)requiring any person, if so directed by an officer appointed by the Authority in this behalf, to leave the airport or civil enclave or any particular part of the airport or civil enclave; and
- (o)generally for the efficient and proper management of the airport or civil enclave.
- (3)Any regulation made under any of the clauses (h) to (o) (both inclusive) of sub-section (2) may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention.
- (4)No regulation made by the Authority under this section shall have effect until it has been approved by the Central Government and published in the Official Gazette.
- (5)Notwithstanding anything contained in this section, the first regulations under this Act shall be made by the Central Government and shall have effect on being published in the Official Gazette.
- (6)The first regulations framed under sub-section (5) shall remain in force until such time the Authority has made regulations and they are published in the Official Gazette.
Summary
- The Airports Authority of India can make its own regulations to carry out the Act, as long as they do not conflict with the Act itself or the Central Government's rules.
- These regulations can manage internal operations like meeting times, voting procedures, and the working conditions of its employees.
- The Authority can use regulations to manage public airport spaces by restricting access, prohibiting improper parking, preventing obstructions, and preserving order.
- Breaking certain public regulations regarding safety, parking, or access can result in a fine of up to five hundred rupees, and additional daily fines if the violation continues after conviction.
- All regulations made by the Authority only become valid once they are approved by the Central Government and published in the Official Gazette.
- The very first regulations under this Act were made by the Central Government to serve as a placeholder until the Authority made its own.
Practical examples
FAQ
1. Can the Authority make any regulation it wants?
No, regulations cannot conflict with the Act or the rules made by the Central Government, and they must be approved by the Central Government.
2. What happens if someone breaks an airport regulation about parking or access?
They can be fined up to five hundred rupees, and if they keep breaking it after a conviction, they face an extra fine of up to twenty rupees per day.
3. Who made the initial regulations when the Authority was first created?
The Central Government made the first regulations, which remained in effect until the Authority made its own.
Test yourself
Q1.Under Section 42 of The Airports Authority of India Act, 1994, what is the maximum initial fine for contravening a regulation related to prohibiting parking or preserving order at the airport?
Q2.Under Section 42 of The Airports Authority of India Act, 1994, what condition must be met before a regulation made by the Authority can take effect?
Q3.Under Section 42 of The Airports Authority of India Act, 1994, the Authority can make regulations regarding meetings. According to the cross-referenced Section 8, who casts the deciding vote if there is a tie at one of these meetings?
Q4.Under Section 42 of The Airports Authority of India Act, 1994, who had the power to frame the very first regulations under the Act before the Authority took over the task?