Section 39 of The Airports Economic Regulatory Authority of India Act, 2008
If any person wilfully fails to comply with an order of the Authority or of the Appellate Tribunal, passed under Chapter IV, he 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 failure, with an additional fine which may extend to four thousand rupees for every day during which such failure continues.
Summary
- This rule covers intentional failure to obey orders passed specifically under Chapter IV by either the Authority or the Appellate Tribunal.
- A first-time offender can be fined up to one lakh rupees.
- A repeat offender faces a fine that can reach two lakh rupees.
- If the failure to obey continues over multiple days, there is a daily fine of up to four thousand rupees.
Practical examples
FAQ
1. Which authorities are mentioned in this section?
It covers orders passed by the Authority or the Appellate Tribunal under Chapter IV.
2. What kind of failure is required for punishment here?
The failure must be wilful or intentional.
3. How much is the daily fine for ongoing violations?
The fine is up to four thousand rupees for every day the failure continues.
Test yourself
Q1.Under Section 39 of The Airports Economic Regulatory Authority of India Act, 2008, what specific chapter must the order be passed under for this provision to apply?
Q2.Under Section 39 of The Airports Economic Regulatory Authority of India Act, 2008, what is the maximum fine for a first-time wilful failure to comply with an order?
Q3.According to Section 39 of The Airports Economic Regulatory Authority of India Act, 2008, what is the maximum daily fine for a continuing failure to comply?
Q4.Unlike the broad daily fine up to two lakh rupees in Section 37, what does Section 39 of The Airports Economic Regulatory Authority of India Act, 2008 specify as the daily fine for failing to comply with Chapter IV orders?