No: 55 Dated: Sep, 12 1994

Airports Authority of India Act, 1994

(Act No 55 of 1994)

    An Act to provide for the constitution of the Airports Authority of India and for the transfer and vesting of the undertakings of the International Airports Authority of India and the National Airports Authority to and in the Airports Authority of India so constituted for the better administration and cohesive management of airports and civil enclaves whereat air transport services are operated or are intended to be operated and of all aeronautical communication stations [for the purposes of establishing or assisting in the establishment of airports] and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:-

CHAPTER I PRELIMINARY

1. Short title, commencement and application.—(1) This Act may be called the Airports Authority of India Act, 1994.

(2) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.

(3) It applies to—

(a) all airports whereat air transport services are operated or are intended to be operated, other than airports and airfields belonging to, or subject to the control of, any armed force of the Union;

[(aa) all private airports insofar as it relates to providing air traffic service, to issue directions under section 37 to them and for the purposes of Chapter VA;]

(b) all civil enclaves;

(c) all aeronautical communication stations; and

(d) all training stations, establishments and workshops relating to air transport services.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “aeronautical communication station” means a station in the aeronautical communication service which includes aeronautical practising service, aeronautical fixed service, aeronautical mobile service and aeronautical radio communication service;

(b) “airport” means a landing and taking off area for aircrafts, usually with runways and aircraft maintenance and passenger facilities and includes aerodrome as defined in clause (2) of section 2 of the Aircraft Act, 1934 (22 of 1934);

(c) “airstrip” means an area used or intended to be used for the landing and take-off of aircrafts with short take-off and landing characteristics and includes all buildings and structures thereon or appertaining thereto;

(d) “air traffic service” includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and airport control service;

(e) “air transport service” means any service, for any kind of remuneration, whatsoever, for the transport by air of persons, mail or any other thing, animate or inanimate, whether such service relates to a single flight or series of flights;

(f) “appointed day” means such date as the Central Government may, by notification in the Official Gazette, appoint for the purposes of section 3;

(g) “Authority” means the Airports Authority of India constituted under section 3;

(h) “Chairperson” means the Chairperson of the Authority appointed under clause (a) of sub-section (3) of section 3;

(i) “civil enclave” means the area, if any, allotted at an airport belonging to any armed force of the Union, for use by persons availing of any air transport services from such airport or for the handling of baggage or cargo by such service, and includes land comprising of any building and structure on such area;

(j) “heliport” means an area, either at ground level or elevated on a structure, used or intended to be used for the landing and take-off helicopters and includes any area for parking helicopters and all buildings and structures thereon or appertaining thereto;

(k) “International Airports Authority” means the International Airports Authority of India constituted under section 3 of the International Airports Authority Act, 1971 (43 of 1971);

(l) “member” means a member of the Authority and includes the Chairperson, but does not include, for the purposes of sections 4, 5, 6 and 7, an ex officio member referred to in clause (b) of sub-section (3) of section 3;

(m) “National Airports Authority” means the National Airports Authority constituted under section 3 of the National Airports Authority Act, 1985 (64 of 1985);

(n) “prescribed” means prescribed by rules made under this Act; 

[(nn) „private airport‟ means an airport owned, developed or managed by—

(i) any person or agency other than the Authority or any State Government, or

(ii) any person or agency jointly with the Authority or any State Government or both where the share of such person or agency, as the case may be, in the assets of the private airport is more than fifty per cent.]

(o) “regulations” means regulations made under this Act.

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