Section 52 of The Airports Economic Regulatory Authority of India Act, 2008
- (1)The Authority may, by notification in the Official Gazette, and with the previous approval of the Central Government, make regulations, not inconsistent with this Act, and the rules made thereunder, to carry out the purposes of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
- (a)the procedure in accordance with which the experts and professionals may be engaged under sub-section (4) of section 9;
- (b)the places and time of meetings of the Authority and the procedure to be followed at such meetings, (including the quorum at its meetings) under sub-section (1) of section 10;
- (c)any other matter which is required to be, or may be, specified by regulations.
Summary
- The Authority itself can make regulations to manage its internal workings and duties.
- However, the Authority cannot make these regulations entirely on its own, it must get previous approval from the Central Government.
- These regulations must be published in the Official Gazette and cannot conflict with the main Act or the rules made by the Government.
- The regulations determine how the Authority holds its meetings, including the times, places, and how many people must be present (quorum).
- They also set the exact procedure the Authority must use when hiring outside experts and professionals to assist them.
Practical examples
FAQ
1. Can the Authority make regulations without asking anyone?
No, they absolutely must secure the previous approval of the Central Government before making any regulation.
2. What happens if an Authority regulation contradicts a Central Government rule?
The regulation is not allowed to be inconsistent with the Act or the rules made under it.
3. Do these regulations cover the salaries of regular staff?
No, regular staff salaries are set by the Government's rules, but the regulations cover the procedure for engaging temporary experts and professionals.
Test yourself
Q1.Under Section 52 of The Airports Economic Regulatory Authority of India Act, 2008, what strict condition must be met before the Authority can finalize and issue a regulation?
Q2.Under Section 52 cross-referenced with Section 10 of The Airports Economic Regulatory Authority of India Act, 2008, what specific logistical details about the Authority are dictated by regulations?
Q3.Under Section 52 cross-referenced with Section 9 of The Airports Economic Regulatory Authority of India Act, 2008, regulations provide the proper procedure for engaging which specific group?
Q4.Under Section 52 of The Airports Economic Regulatory Authority of India Act, 2008, if a newly drafted regulation conflicts with a rule made by the Central Government, what is its legal standing?