The Airports Authority Of India Act,1994
39. Power of the Central Government to supersede the Authority.
(1) If, at any time, the Central Government is of opinion-
(a) That on account of a gave emergency, the Authority is unable to discharge the function 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 1for the purposes of establishing or assisting in the establishment of airports”] has deteriorated or (2) 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:
Provided that before issuing a notification under those sub-section for the reasons mentioned in clause (b) the Central Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objections if any of the Authority.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 suppression vacate their offices as such;
(b) All the powers functions and duties which may, by or under the provisions of this Act, be exercised by or on behalf of the Authority shall until the Authority is re-constituted under sub-section (30 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 he Authority is re-constituted under sub-section 93) vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section 91) the Central Government may-
(a) Extend the period of suppression 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 9a) of sub-section (2) shall not be deemed disqualified for appointment:
Provided that the Central Government any at any time before the expiration of the period of supersession, whether as originally specified under sub-section 91) or as extended under this sub-section take action under clause 9b) 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 the section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity.
1. Inserted by act Airports Authority of India (Amendment) Act,2003. (Act No. 43 of 2003) w.e.f. 7-9-2003
