1. Short title, commencement and application.—(1) This Act may be called the Airports Economic
Regulatory Authority of India Act, 2008.
(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 the Armed Forces or paramilitary
Forces of the Union;
(b) all private airports and leased airports;
(c) all civil enclaves;
(d) all major airports.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) "aeronautical service" means any service provided—
(i) for navigation, surveillance and supportive communication thereto for air traffic
management;
(ii) for the landing, housing or parking of an aircraft or any other ground facility offered in
connection with aircraft operations at an airport;
(iii) for ground safety services at an airport;
(iv) for ground handling services relating to aircraft, passengers and cargo at an airport;
(v) for the cargo facility at an airport;
(vi) for supplying fuel to the aircraft at an airport; and
(vii) for a stake-holder at an airport, for which the charges, in the opinion of the Central
Government for the reasons to be recorded in writing, may be determined by the Authority;
(b) "airport" means a landing and taking off area for aircrafts, usually with runways and aircraft
maintenance and passenger facilities and includes an aerodrome as defined in clause (2) of section 2
of the Aircraft Act, 1934 (22 of 1934);
(c) "airport user" means any person availing of passenger or cargo facilities at an airport;
1. The words “and also to establish Appellate Tribunal to adjudicate disputes and dispose of appeals” omitted by Act 7 of 2017,
s. 170 (w.e.f. 26-5-2017).
2. 1st January, 2009 (except Chapters III and IV), vide notification No. S.O. 894(E), dated 30th December, 2008, see Gazette of
India, Extraordinary, Part II, sec. 3(ii).
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[(d) "Appellate Tribunal" means the Telecom Disputes Settlement and Appellate Tribunal
referred to in section 17;]
(e) "Authority" means the Airports Economic Regulatory Authority established under
sub-section (1) of section 3;
(f) "civil enclave" means an 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;
(g) "Chairperson" means the Chairperson of the Authority appointed under sub-section (2) of
section 4;
(h) "leased airport" means an airport in respect of which a lease has been made under section 12A
of the Airports Authority of India Act, 1994 (55 of 1994);
(i) "major airport" means any airport which has, or is designated to have, annual passenger
throughput in excess of 2
[three and a half million] or any other airport 3
[or a group of airports] as the
Central Government may, by notification, specify as such;
(j) "Member" means a Member of the Authority and includes the Chairperson;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "private airport" has the same meaning as assigned to it in clause (nn) of section 2 of the
Airports Authority of India Act, 1994 (55 of 1994);
(m) "regulations" means regulations made by the Authority under this Act;
(n) "service provider" means any person who provides aeronautical services and is eligible to levy
and charge user development fees from the embarking passengers at any airport and includes the
authority which manages the airport;
(o) "stake-holder" includes a licensee of an airport, airlines operating thereat, a person who
provides aeronautical services, and any association of individuals, which in the opinion of the
Authority, represents the passenger or cargo facility users;
(p) words and expressions used but not defined in this Act and defined in the Airports Authority
of India Act, 1994 (55 of 1994) shall have the same meanings respectively assigned to them in that
Act.