The Central Government shall, by notification in the Official Gazette, establish an Appellate Tribunal to be known as the Airports Economic Regulatory Authority Appellate Tribunal to -
a) Adjudicate any dispute-
i. Between two or more service providers;
ii. Between a service provider and a group of consumer: Provided that the Appellate Tribunal may, if considers appropriate, obtain the opinion of the Authority, on any matter relating to such dispute; Provided further that nothing in this clause shall apply in respect of matters-
i. Relating to the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of section 5 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);
ii. Relating to the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under section.9. of the Consumer Protection Act, , 1986 (68 of 1986) ;
iii. Which are within the purview of the Competition Act, 2002 (12 of 2003),
iv. Relating to an order of eviction which is appealable under section 28(K) of the Airports Authority of India Act, 1994 (55 of 1994)
(b) Hear and dispose of appeal against any direction, decision or order of the Authority under this Act.
1.The Central Government or a State Government or a local authority or any person may make an application to the Appellate Tribunal for adjudication of any dispute as referred to in clause (a) of section 17,
2.The Central Government or a State Government or a local authority or any person aggrieved by any direction, decision or order made by the Authority may prefer an appeal to the Appellate Tribunal.
3.Every appeal under sub - section (2) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the Authority is received by the Central Government or the State Government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was, sufficient cause for not filing it within that period.
4.On receipt of an application under sub-section (i) or an appeal under sub-section (2), the Appellate Tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard, pass such orders thereon as it thinks fit,
5.The Appellate Tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the Authority, as the case may be.
6.The application made under sub-section (1) or the appeal preferred under sub section (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case maybe:
Provided that where any such application or appeal could not be disposed of within the said period of ninety days, the Appellate Tribunal shall record its reasons in writing for not disposing of the application or appeal within that period.
7.The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub-section (1), or of any direction or order or decision of the Authority, referred to in the appeal preferred under subsection (2), on its own motion or otherwise, call for the records relevant to disposing of such application or appeal and make such orders as it thinks fit.
1. The Appellate Tribunal shall consist of a Chairperson and not more than two Members to be appointed, by notification in the official Gazette, by the Central Government: Provided that the chairperson or a Member holding a post as such in any other Tribunal established under any law for the time being in force in addition to his being the Chairperson or a Member of that Tribunal, may be appointed as the Chairperson or a Member, as the case may be, of the Appellate Tribunal under this Act.
2. The selection of Chairperson and Members of the Appellate Tribunal shall be made by the Central Government in consultation with the Chief Justice of India or his nominee.
A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he-
(a) In the case of Chairperson, is, or has been, a Judge of the Supreme Court or the Chief Justice of a High Court;
(b) In the case of a Member, has held the post of Secretary to the Government of India or any equivalent post in the Central Government or the State Government for a total period of not less than two years in the Ministries or Departments dealing with aviation or economics or law or a person who is well - versed in the field of aviation or economics or law.
The Chairperson and every other Member of the Appellate Tribunal shall hold office as such for a term not exceeding three years from the date on which he enters upon his office . Provided that no Chairperson or other Member shall hold office as such after he has attained,-
(a) In the case of Chairperson, the age of seventy years;
(b) In the case of any other Member, the age of sixty - five years.
The salary and allowances payable to and the other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member of the Appellate Tribunal shall be varied to his disadvantage after appointment.
If for reason other than temporary absence, any vacancy occurs in the office of the Chairperson or a Member of the Appellate Tribunal, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the ‘proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled
1. The Central Government may remove from office, the Chairperson or any Member of the Appellate Tribunal, who –
(a) Has been adjudged an insolvent; or
(b) Has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) Has become physically or mentally incapable of acting as the Chairperson or a Member; or
(d) Has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chairperson or a Member; or
(e) Has so abused his position as to render his continuance in office prejudicial to the public interest.
2. Notwithstanding anything contained in sub - section (1), the Chairperson or a member of the Appellate Tribunal shall not be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the Central Government, has, on an enquiry, held by it in accordance with such procedure as It may specify In this behalf, reported that the Chairperson or a Member ought, on such grounds, to be removed
3. The Central Government may suspend from office, the Chairperson or a Member of the Appellate Tribunal In respect of whom a reference has been made to the Supreme Court under sub - section (2), until the Central Government has passed an order on receipt of the report of the Supreme Court on such reference
1. The Central Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.
2. The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Chairperson.
3. The salaries and allowances and other conditions of service of such officers and employees of the Appellate Tribunal shall be such as may be prescribed.
If the Chairperson and other Members differ in opinion on any matter, such matter shall be decided according to the opinion of the majority.
The Chairperson, Members and other officers .and employees of the Appellate Tribunal shall be deemed to be public servants within the meaning of section 21 (45 of 1860) of the Indian Penal Code.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Appellate Tribunal is empowered by or under this Act to determine and no Injunction shall be granted by any court or other authority in respect of any action taken or to be taken In pursuance of any power conferred by or under this Act.
1.The Appellate Tribunal shall ‘not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure.
2. The Appellate ‘Tribunal shall ‘have, for the purposes of discharging its ‘functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of documents,
(c) Receiving evidence on affidavits;
(d) Subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or a copy of such record or document, from any office;
(e) Issuing commissions for the examination of witnesses or documents;
(f) Reviewing its decisions,
(g) Dismissing an application for default or deciding it, exparte,
(h) Setting aside any order of dismissal of any application for default or any order passed by it, exparte, and
(i) Any other matter which may be prescribed
3.Every proceeding before the Appellate Tribunal shall be deemed to be a judicial, proceeding within the meaning of sections 193 and 228 (45 of 1860), and for the purposes of section 196 of the Indian Penal Code and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)
The applicant or appellant may either appear in person or authorises one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of Its officers to present his or Its case before the Appellate Tribunal Explanation -For the purposes of this section,
(a)“Chartered accountant” means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act,
(b)“Company secretary” means a company secretary as defined in clause (c) of sub - section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of practice under sub-section (1) of section 6 of that Act,
(c)“Cost accountant” means a cost accountant as defined in clause (b) of subsection (1) of section 2 of the Cost and Works Accountants Act, 1959, (23 of 1959) and who, has obtained a certificate of practice under sub-section (1) of section 6 of that Act;
(d)“Legal practitioner” means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice
1.Notwithstanding anything contained In the Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal shall lie against any order, not being an interlocutory order, of the’ Appellate Tribunal to the Supreme Court on one or more of the grounds specified in section 100 of that Code.
2.No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.
3.Every appeal under this section shall be preferred within a period of ninety days from the date of the decision or order appealed against: Provided that the Supreme Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time
1.An order passed by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.
2.Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.
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