MISCELLANEOUSCentral

Section 44 of The Airports Authority of India Act, 1994

(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.

Summary

If a problem or difficulty arises in putting the provisions of this Act into practice, the Central Government can issue an order to remove that difficulty.
This problem-solving order must be published in the Official Gazette and cannot contradict the core provisions of the Act itself.
The Government is only allowed to use this specific power within the first year after the Act begins.
Just like regular rules, any order made to remove a difficulty must be laid before Parliament for thirty days for review.

Practical examples

1Just two months after the Act commenced in 1995, there was confusion about how to transfer a specific bank account from the old National Airports Authority. The Central Government published an order in the Official Gazette clarifying the process to remove this difficulty.

2In 1998, a new administrative hurdle appeared. However, because more than one year had passed since the Act commenced, the Central Government could no longer use this specific power to issue an order to fix it.

FAQ

1. Can the Central Government change the Act entirely if a difficulty arises?

No, any order made to remove a difficulty must not be inconsistent with the original provisions of the Act.

2. Is there a time limit on the Government's power to issue these problem-solving orders?

Yes, no such order can be made after one year from the commencement of the Act.

3. Does Parliament get to see these orders?

Yes, every order must be laid before each House of Parliament for thirty days, and Parliament can modify or cancel it.

Test yourself

Q1.Under Section 44 of The Airports Authority of India Act, 1994, what is the maximum time limit for the Central Government to make an order to remove a difficulty?

Q2.Under Section 44 of The Airports Authority of India Act, 1994, what constraint exists on the content of an order made to remove a difficulty?

Q3.Under Section 44 of The Airports Authority of India Act, 1994, how must an order to remove a difficulty be officially communicated?

Q4.Under Section 44 of The Airports Authority of India Act, 1994, what happens after the Central Government issues an order to remove a difficulty?

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