This article is written by Abhishek Chaudhary who is pursuing a Certificate Course in Introduction to Legal Drafting: Contracts, Petitions, Opinions & Articles from LawSikho.
India has currently seen a rise in investment in the aviation industry and is supposed to see an investment sum of Rs. 35,000 Crore in the next four years to come. The permit of 100% FDI in the aviation sector which includes ground handling services, maintenance and repair operations and helicopter services and seaplanes.
The rising industry is also flooded with the rising disputes arising within the industry. To handle such issues the Airport Economic Regulatory Act (AERA) was established and has seen various amendments during the years coping with the industry, which is in a constant process of change, to cope with these challenges the AERA has established its own appellate tribunal.
Section 17 of the Act establishes that the AERA appellate tribunal will be considered as the capable institution for entertaining the arbitration of issues emerging under the AERA Act. The issues under the Act emerging among the specialist co-ops, and a gathering of shoppers, including singular requests, monopolistic and unjustifiable exchange practice and the removal orders will be mediated before the council under the appellate jurisdiction.
The Central and State governments, local authorities, or even an individual can move toward the appellate tribunal for the settlement of disputes. The parties who have the right to appeal will need to reach before the council for proceedings within 30 days of a request made by the AERA. Nonetheless, the council can exclude such conditions on the off chance that it accepts that the deferral in the application was caused because of adequate reasons.
The council will need to attempt to discard the issue speedily within 90 days from the date of filing the appeal and serve the proceedings of the request to both gatherings engaged within the dispute. Notwithstanding, if there should arise an occurrence of delay in the process arbitration, the council shall come up with an explanation behind such deferral and should be recorded in as a hard copy to the gatherings.
Section 18 of the Act establishes that the Central Government or a State Government or a local authority or any individual may make an application to the Appellate Tribunal for mediation of any dispute. The Central Government or a State Government or the local authorities or any individual abused by any course of action by any other party, choice or request made by the Authority may consider filing an appeal to the Appellate Tribunal.
Each appeal will be considered inside a time of thirty days from the date on which a copy of the impugned decision or request or choice made by the Authority is received by the Central Government or the State Government or the nearby position or the aggrieved individual and it will be in such structure, checked in such way and be joined by such expense as might be recommended, provided that the Appellate Tribunal may engage any appeal after the expiry of the said time of thirty days in the event that it is fulfilled that there was adequate reason for not recording it inside that period.
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 authorized by the Authority for this purpose. On receipt of an application under an appeal, the Appellate Tribunal may, after giving the parties to the dispute or the appeal a chance of being heard, pass such orders thereon because it thinks fit.
The appliance made or the appeal preferred shall be addressed by it as expeditiously as possible and endeavor shall be made by it to eliminate the appliance or appeal finally within ninety days from the date of receipt of application or appeal, because the case may be: as long as where any such application or appeal couldn’t be disposed of within the said period of ninety days, the Appellate Tribunal shall record its reasons in writing for not removing the appliance or appeal within that period.
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. The Appellate Tribunal may, for the aim of examining the legality or propriety or correctness, of any dispute made in any application or of any direction or order or decision of the Authority mentioned within the appeal preferred, on its own motion or otherwise, involve the records relevant to deposing of such application or appeal and make such orders because it thinks fit.
When can someone file an appeal under AERA?
The jurisdiction which limits that no civil court shall have jurisdiction powers in case of any disputes relating to the authority which the authority is empowered by the AERA Act. Where an offence under this Act has been committed by the corporate or by everyone who at the time when the offence was committed were responsible of and responsible to the company for the conduct of or the business of the company to which also because the corporate, shall be deemed to be guilty of the offence and shall be vulnerable to be proceeded against and punished accordingly. As long as nothing contained during these proceedings, the law enforcing them shall consider any such person vulnerable to any punishment provided during this Act.
If the person involved in the act proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. Notwithstanding anything, where an offence under this Act has been committed by an organization, and further it’s proved that the offence has been committed with the consent or the connivance by any director, manager, secretary or other officers of the company or that they have led to any neglect on the a part of, of the company, such director, manager, secretary or other officers shall even be deemed to be guilty of the offence and shall be vulnerable to be proceeded against and punished accordingly.
If in a situation that an offence under this Act was committed by any Department of state or any of its undertakings, the person with the highest authority in the Department or its undertakings shall be deemed to be guilty of such offence and the person responsible shall be vulnerable to be proceeded against and punished accordingly for the act unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
The appellate jurisdiction is not bound by the procedures laid down within the Code of Civil Procedure and can be guided by the principles of natural justice, the appellate jurisdiction has the facility to manage its own procedure.
The Appellate Tribunal shall have, for the needs of discharging its functions under this Act, an equivalent power as is vested during a civil court under the Code of Civil while trying a suit, in respect of the subsequent matters:
- In the case of summoning and implementing the participation of any individual and examining him
- Requires the right documents related to the suit.
- Requirement of evidence which are admissible and affidavits to support them
- Issuing special inquiry commissions for inquiry of the witnesses and examination of the documents.
- Or any other matter which may be prescribed.
Format of the Appeal
AIRPORTS ECONOMIC REGULATORY AUTHORITY APPELLATE TRIBUNAL
MINISTRY OF CIVIL AVIATION
GOVERNMENT OF INDIA
O/o Competition Appellate Tribunal
19th Floor, Jawahar Vyapar Bhawan,
Tolstoy Marg, New Delhi 110 001
APPEAL NO. 1 OF 20__
(Arising out of the Order No. 1/20__ dated (_______) passed by the Airports Economic
Regulatory Authority of India Act, 2008 in the matter of (mention the parties to the suit.)
CORAM
Hon’ble Justice ______
Chairman
Hon’ble ________
Member
(The Coram may contain the members other than judges; they assist the judge in analyzing the technical aspects or any other aspects of the matter and collectively help in forming an informed decision)
In the matter of:
Party A … Appellants
Versus
Party B … Respondents
Order
(the orders prescribed in the proceedings)
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