Executive Summary:
This notification from the Airports Authority of India announces amendments to the Airports Authority of India Management of Airports Regulations, 2003. These amendments, effective from the date of publication in the Official Gazette (November 16, 2018), concern the management of airport regulations and specifically address the calculation and recovery of dues related to aircraft intended for export under Aircraft Rules, 1937.
Key Points / Main Content:
Amendment Regulations:
* These regulations are called the Airports Authority of India Management of Airports Amendment Regulations, 2018.
* They come into force on the date of their publication in the Official Gazette.
Regulation 10 Amendment:
* Regulation 10 of the Airports Authority of India Management of Airports Regulations, 2003 is amended with the insertion of provisos and an explanation.
* For aircraft to be exported under Rule 32A of the Aircraft Rules, 1937, current and accumulated dues include only those accrued concerning that aircraft. These dues relate to flights operated by the aircraft in the three months before the declared default date and the period from the declared default date until the aircraft's departure from India.
* The Authority retains the right to recover any balance dues from the concerned airline.
* The date of declared default is defined as the date the application for deregistration of the aircraft was submitted to the Director General of Civil Aviation under the Aircraft Rules, 1937.
Impact Analysis:
Airports Authority of India:
* Impact: The Authority's procedures for calculating and recovering dues related to aircraft intended for export are modified, especially concerning aircraft deregistration.
* Action Required: Implement the new calculation method for dues related to aircraft intended for export and ensure the continued right to recover any outstanding balance.
Airlines:
* Impact: Airlines intending to export an aircraft will have dues calculated based on a defined period, and they remain liable for any outstanding balance.
* Action Required: Understand the new regulations for calculating dues for aircraft intended for export and ensure compliance.
Director General of Civil Aviation:
* Impact: The date of application for deregistration submitted to the DGCA is the reference point for the declared default date.
* Action Required: Note that the date of application for deregistration of the aircraft is the point of reference for calculating dues.
Key Entities Referenced
Airports Authority of India: An organisation responsible for creating regulations for airport management in India.
Airports Authority Act, 1994: The governing legislation that grants powers to the Airports Authority of India.
Airports Authority of India Management of Airports Regulations, 2003: The principal regulations governing the management of airports by the Airports Authority of India, which this notification amends.
Aircraft Rules, 1937: A set of rules pertaining to aircraft, referenced in the context of aircraft export and deregistration.
Director General of Civil Aviation: The authority to whom applications for deregistration of aircraft are submitted.
Dr. Guruprasad Mohapatra: Chairman of the Airports Authority of India.
New Delhi: The location where the notification was issued. Also where Government of India Press is located.
Mayapuri, New Delhi: Location of Government of India Press.
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AIRPORTS AUTHORITY OF INDIA
NOTIFICATION
New Delhi, the 16th November, 2018
No. OPS/764/Legal/2017/Pt.1314. — In exercise of the powers conferred by clause (o) of sub-section (2) and
sub-section (4) of section 42 of the Airports Authority Act, 1994 (55 of 1994), the Airports Authority of India, with the
previous approval of the Central Government, hereby makes the following regulations further to amend the Airports
Authority of India (Management of Airports) Regulations, 2003, namely :—
1. (1) These Regulations may be called the Airports Authority of India (Management of
Airports) Amendment Regulations, 2018
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Airports Authority of India (Management of Airports) Regulations, 2003, in regulation 10, the following
provisos and explanation shall be inserted, namely :—
“Provided that in respect of an aircraft which is to be exported under rule 32A of the Aircraft Rules, 1937, the
current and accumulated dues shall include only such dues that accrued in respect of that aircraft and in relation
to flights operated by that aircraft during the period comprised of three months immediately preceding the date
of declared default and the period subsequent to the date of declared default up to the date of departure of the
aircraft from India:
Provided further that the Authority shall retain the right to recover the balance dues, if any from the concerned
airline.
Explanation – For the purposes of this regulation, the date of declared default means the date on which the
application for deregistration of the aircraft has been submitted to the Director General of Civil Aviation under
the Aircraft Rules, 1937.”
DR. GURUPRASAD MOHAPATRA, Chairman
[ADVT. III/4/Exty./344/18]
Note:— The principal regulations were published in the Gazette of India, Extraordinary, Part III, Section 4, vide
Notification number AAI/PERS/EDPA/Reg/2002, dated the 3rd July, 2003 and subsequently amended vide
Notification number AAI/PERS/EDPA/Reg/2002 dated the 26th July, 2017.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.