42. Directions by Central Government.—(1) The Central Government may, from time to time,
issue to the Authority such directions as it may think necessary in the interest of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order, decency or
morality.
(2) Without prejudice to the foregoing provisions, the Authority shall, in exercise of its powers or the
performance of its functions, be bound by such directions on questions of policy as the Central
Government may give in writing to it from time to time:
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views
before any direction is given under this sub-section.
(3) The decision of the Central Government whether a question is one of policy or not shall be final.
43. Members, officers and employees of Authority to be public servants.—The Chairperson,
Members, officers and other employees of the Authority shall be deemed, when acting or purporting to
act in pursuance of any of the provisions of this Act, to be public servants within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
44. Bar of jurisdiction.—No civil court shall have jurisdiction in respect of any matter which the
Authority is empowered by or under this Act to determine.
45. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall
lie against the Central Government or the Authority or any Member, officer or other employees thereof
for anything which is in good faith done or intended to be done under this Act or the rules and regulations
made thereunder.
46. Exemption from tax on wealth and income.—Notwithstanding anything contained in the
Wealth-tax Act, 1957 (27 of 1957), the Income-tax Act, 1961 (43 of 1961), or any other enactment for the
time being in force relating to tax on wealth, income, profits or gains, the Authority shall not be liable to
pay wealth-tax, income-tax or any other tax in respect of their wealth, income, profits or gains derived.
47. Cognizance of offences.—No court shall take cognizance of an offence punishable under this
Act, except upon a complaint in writing made by the Authority or by any officer of the Authority duly
authorised by the Authority for this purpose.
48. Delegation of powers.—The Authority may, by general or special order in writing, delegate to
the Chairperson or any Member or officer of the Authority, subject to such conditions and limitations, if
any, as may be specified in the order, such of its powers and functions under this Act (except the power to
settle disputes and the power to make regulations), as it may deem necessary.
49. Power of Central Government to supersede Authority.—(1) If, at any time, the Central
Government is of opinion—
(a) that on account of a grave emergency, the Authority is unable to discharge the functions and
duties imposed on it by or under the provisions of this Act; or
(b) that the Authority has persistently made default in complying with any direction issued by the
Central Government under this Act or in the discharge of the functions and duties imposed on it by or
under the provisions of this Act and as a result of which default, the financial position of the
Authority or the administration of any airport, heliport, airstrip, civil enclave or aeronautical
communication station has deteriorated; or
(c) that circumstances exist which render it necessary in the public interest so to do, the Central
Government may, by notification in the Official Gazette, supersede the Authority for such period, not
exceeding six months, as may be specified in the notification:
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Provided that before issuing a notification under this sub-section for the reasons mentioned in clause
(b), the Central Government shall give a reasonable opportunity to the Authority to show cause as to why
it should not be superseded and shall consider the explanations and objections, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1) superseding the Authority,—
(a) all the Members shall, as from the date of supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be
exercised or discharged by or on behalf of the Authority, shall until the Authority is re-constituted
under sub-section (3), be exercised and discharged by such person or persons as the Central
Government may direct;
(c) all property owned or controlled by the Authority shall, until the Authority is re-constituted
under sub-section (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under subsection (1), the Central Government may,—
(a) extend the period of supersession for such further term not exceeding six months, as it may
consider necessary; or
(b) re-constitute the Authority by fresh appointment and in such case the Members who vacated
their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment:
Provided that the Central Government may, at any time before the expiration of the period of
supersession, whether as originally specified under sub-section (1) or as extended under this sub-section,
take action under clause (b) of this sub-section.
(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of
any action taken under this section and the circumstances leading to such action to be laid before both
Houses of Parliament at the earliest opportunity.
50. Application of other laws not barred.—The provisions of this Act shall be in addition to, and
not in derogation of, the provisions of any other law for the time being in force.
51. Power to make rules.—(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;
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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.
52. Power to make regulations.— (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.
53. Rules and regulations to be laid before Parliament.—Every rule made by the Central
Government, and every regulation made by the Authority, under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days,
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or regulation or both Houses agree that the rule or regulation should
not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule or regulation.
54. Amendment of certain enactments.—The enactments specified in the Schedule to this Act shall
be amended in the manner specified therein and such amendments shall take effect on the date of
establishment of the Authority.
55. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the
difficulty:
Provided that no order shall be made under this section after the expiry of two years from the date of
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.