Section 38 of The Airports Economic Regulatory Authority of India Act, 2008
Whoever fails to comply with any order or direction given under this Act, or contravenes, or attempts to contravene or abets the contravention of the provisions of this Act or of any rules or regulations made thereunder shall be punishable with fine which may extend to one lakh rupees and in the case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of a continuing contravention with an additional fine which may extend to four thousand rupees for every day during which the default continues.
Summary
- This rule sets punishments for anyone who disobeys general orders, directions, rules, or regulations under this Act.
- It also punishes people who attempt to break these rules or help others to break them.
- A first offence can result in a fine of up to one lakh rupees.
- A second or later offence can lead to a fine of up to two lakh rupees.
- If the disobedience continues over time, there is an extra fine of up to four thousand rupees for each day it goes on.
Practical examples
FAQ
1. Does this only cover direct violations of the rules?
No, it also covers trying to break the rules or helping someone else break them.
2. What is the fine if a person breaks a regulation for the first time?
The fine can go up to one lakh rupees.
3. How much does it cost if the violation goes on for several days?
The daily fine for a continuing default is up to four thousand rupees for every day.
Test yourself
Q1.Under Section 38 of The Airports Economic Regulatory Authority of India Act, 2008, what is the penalty for a continuing default after the first offence?
Q2.According to Section 38 of The Airports Economic Regulatory Authority of India Act, 2008, who is punishable under this provision besides the person who directly contravenes the Act?
Q3.Under Section 38 of The Airports Economic Regulatory Authority of India Act, 2008, what is the maximum fine for a second or subsequent offence?
Q4.If an airport operator fails to comply with a general direction under Section 38 of The Airports Economic Regulatory Authority of India Act, 2008, instead of a specific order from the Appellate Tribunal under Section 37, what is the maximum daily fine for a continuing offence?