Section 51 of The Airports Economic Regulatory Authority of India Act, 2008
- (1)The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
- (a)the salary and allowances payable to, and the other conditions of service of, the Chairperson and other Members under sub-section (2) of section 6;
- (b)the form and manner in which and the Authority before whom the oath of office and secrecy shall be made and subscribed under sub-section (4) of section 6;
- (c)the powers and functions to be exercised or discharged by the Chairperson under section 7;
- (d)the procedure for conducting any inquiry made under sub-section (2) of section 8;
- (e)the salaries and allowances payable to, and the other terms and conditions of service of the Secretary, officers and other employees of the Authority under sub-section (3) of section 9;
- (f)the performance standards relating to the quality, continuity and reliability of service to be monitored under clause (d) of sub-section (1) of section 13;
- (g)the books of account or other documents which are required to be maintained by the service provider under sub-section (3) of section 14;
- (h)the form and manner in which the form shall be verified and fee to be accompanied by the form under sub-section (3) of section 18; 1* * * * *
- (l)the form in which the Authority shall prepare, and at such time in each financial year, its budget and the time at which such budget shall be prepared under section 33;
- (m)the form in which proper accounts and other relevant records shall be maintained and the annual statement of accounts shall be prepared by the Authority under sub-section (1) of section 35;
- (n)the form, manner and the time in which the returns and statements shall be furnished by the Authority under sub-section (1) of section 36;
- (o)the form and time at which the annual report shall be prepared by the Authority under sub-section (2) of section 36;
- (p)any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.
Summary
- The Central Government holds the power to make formal rules to carry out the purposes of this Act.
- These rules must be officially announced by publishing them in the Official Gazette.
- The Government uses these rules to set the salaries, allowances, and working conditions for the Chairperson and Members.
- The rules also define the exact procedure for conducting an inquiry if a Member needs to be removed from office.
- Additionally, the rules specify the extra powers the Chairperson can exercise, the forms for filing appeals, and how budgets and annual reports should be prepared.
Practical examples
FAQ
1. Who has the power to make rules under this section?
The Central Government has the exclusive power to make these rules.
2. How does the public find out about these new rules?
The rules become valid only when they are published as a notification in the Official Gazette.
3. Can the Central Government decide how the Authority's budget is formatted?
Yes, the rules dictate the form and time for preparing the budget and annual statements.
Test yourself
Q1.Under Section 51 of The Airports Economic Regulatory Authority of India Act, 2008, who is granted the primary power to make rules to carry out the provisions of the Act?
Q2.Under Section 51 cross-referenced with Section 6 of The Airports Economic Regulatory Authority of India Act, 2008, what specific detail regarding the Chairperson and Members must be determined by the Central Government's rules?
Q3.Under Section 51 cross-referenced with Section 8 of The Airports Economic Regulatory Authority of India Act, 2008, what vital procedural mechanism is established through the rule-making power?
Q4.Under Section 51 cross-referenced with Section 7 of The Airports Economic Regulatory Authority of India Act, 2008, what aspect of the Chairperson's role can the Central Government dictate through rules?