Section 47 of The Airports Economic Regulatory Authority of India Act, 2008
No court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by the Authority or by any officer of the Authority duly authorised by the Authority for this purpose.
Summary
- A court cannot automatically start a case against someone for an offence under this Act.
- To prosecute an offence, a formal complaint must be made in writing.
- Only the Authority, or an officer officially authorised by the Authority, is allowed to make this written complaint.
Practical examples
FAQ
1. Can the police start a court case for a violation of this Act on their own?
No, a court cannot take cognizance of an offence without a written complaint from the Authority or its authorised officer.
2. What format must the complaint be in?
The complaint must be made in writing.
3. Can any employee of the Authority file the complaint?
No, it must be an officer who is duly authorised by the Authority specifically for this purpose.
Test yourself
Q1.Under Section 47 of The Airports Economic Regulatory Authority of India Act, 2008, what is the mandatory requirement for a court to take cognizance of an offence?
Q2.Under Section 47 of The Airports Economic Regulatory Authority of India Act, 2008, who is permitted to authorise an officer to make a complaint to the court?
Q3.Under Section 47 of The Airports Economic Regulatory Authority of India Act, 2008, what happens if an individual consumer tries to file a direct complaint in court about a service provider violating the Act?
Q4.Under Section 47 of The Airports Economic Regulatory Authority of India Act, 2008, which courts are restricted by this provision?