13.Functions of Authority.—(1) The Authority shall perform the following functions in respect of
major airports, namely:—
(a) to determine the tariff for the aeronautical services taking into consideration—
(i) the capital expenditure incurred and timely investment in improvement of airport facilities;
(ii) the service provided, its quality and other relevant factors;
(iii) the cost for improving efficiency;
(iv) economic and viable operation of major airports;
(v) revenue received from services other than the aeronautical services;
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(vi) the concession offered by the Central Government in any agreement or memorandum of
understanding or otherwise;
(vii) any other factor which may be relevant for the purposes of this Act:
Provided that different tariff structures may be determined for different airports having
regard to all or any of the above considerations specified at sub-clauses (i) to (vii);
(b) to determine the amount of the development fees in respect of major airports;
(c) to determine the amount of the passengers service fee levied under rule 88 of the Aircraft
Rules, 1937 made under the Aircraft Act, 1934 (22 of 1934);
(d) to monitor the set performance standards relating to quality, continuity and reliability of
service as may be specified by the Central Government or any authority authorised by it in this
behalf;
(e) to call for such information as may be necessary to determine the tariff under clause (a);
(f) to perform such other functions relating to tariff, as may be entrusted to it by the Central
Government or as may be necessary to carry out the provisions of this Act.
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[(1A) Notwithstanding anything contained in sub-sections (1) and (2), the Authority shall not
determine the tariff or tariff structures or the amount of development fees in respect of an airport or part
thereof, if such tariff or tariff structures or the amount of development fees has been incorporated in the
bidding document, which is the basis for award of operatorship of that airport:
Provided that the Authority shall be consulted in advance regarding the tariff, tariff structures or the
amount of development fees which is proposed to be incorporated in the said bidding document and such
tariff, tariff structures or the amount of development fees shall be notified in the Official Gazette.]
(2) The Authority shall determine the tariff once in five years and may if so considered appropriate
and in public interest, amend, from time to time during the said period of five years, the tariff so
determined.
(3) While discharging its functions under sub-section (1) the Authority shall not act against the
interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign
States, public order, decency or morality.
(4) The Authority shall ensure transparency while exercising its powers and discharging its functions,
inter alia,—
(a) by holding due consultations with all stake-holders with the airport;
(b) by allowing all stake-holders to make their submissions to the authority; and
(c) by making all decisions of the authority fully documented and explained.
14. Powers of Authority to call for information, conduct investigations, etc.—(1) Where the
Authority considers it expedient so to do, it may by order in writing—
(a) call upon any service provider at any time to furnish in writing such information or
explanation relating to its functions as the Authority may require to access the performance of the
service provider; or
(b) appoint one or more persons to make an inquiry in relation to the affairs of any service
provider; and
(c) direct any of its officers or employees to inspect the books of account or other documents of
any service provider.
1. Ins. by Act 27 of 2019, s. 3 (w.e.f. 26-9-2019).
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(2) Where any inquiry in relation to the affairs of a service provider has been undertaken under
sub-section (1)—
(a) every office of the Government department, if such service provider is a department of the
Government; or
(b) every director, manager, secretary or other officer, if such service provider is a company; or
(c) every partner, manager, secretary or other officer, if such service provider is a firm; or
(d) every other person or body of persons who has had dealings in the course of business with any
of the persons mentioned in clauses (b) or (c),
shall be bound to produce before the Authority making the inquiry, all such books of account or other
documents in his custody or power relating to, or having a bearing on the subject-matter of such inquiry
and also to furnish to the Authority with any such statement or information relating thereto, as the case
may be, required of him, within such time as may be specified.
(3) Every service provider shall maintain such books of account or other documents as may be
prescribed.
(4) The Authority shall have the power to issue such directions to monitor the performance of the
service providers as it may consider necessary for proper functioning by service providers.
15. Power of Authority to issue certain directions.—The Authority may, for the purpose of
discharge of its functions under this Act, issue, from time to time to the service providers, such directions,
as it may consider necessary.
16. Power of seizure.—The Authority or any other officer specially authorised by it in this behalf
may enter any building or place where the Authority has reason to believe that any document relating to
the subject matter of the inquiry may be found, and may seize any such document or take extracts or
copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973
(2 of 1974) in so far as they may be applicable.