The Airports Economic Regulatory Authority of India (AERA) on November 07, 2023, issued a notification regarding the Issue of mandating the availing of non-aeronautical service as a pre-requisite for providing aeronautical service, by Airport Operators, in violation of provisions of the AERA Act, 2008.
The following provisions have been stated:
• It has clarified that Section 2(a) of the AERA Act, 2008 explicitly defines `Aeronautical services' and does not entail 'availing any non-aeronautical service (viz., Elite Meet and Greet Service), as a mandatory pre-requisite, for providing aeronautical services (viz., operating the aircraft/charter at the airport)'.
• It has stated that the Airport Operator (s), which is(are) resorting to such practices (mandating the availing of optional non-aeronautical service as a pre-requisite for providing aeronautical service), if any, are in clear violation of the AERA Act, 2008.
• The attention of concerned stakeholders is invited to Sections 38 and 4o of the AERA Act, 2008, which inter-alia, empowers AERA to initiatory punitive actions, as appropriate, on the Airport Operators/Service providers, for non-compliance of AERA directions.
• It has stated that the position encapsulated in the preceding Paras, all the Airport Operators/Service Providers (Major Airports) are now directed to desist from resorting to such practices (mandating availing of optional non-aeronautical services as a prerequisite for providing aeronautical service), if any.
[Notification No AERA/2001.0/MoCA-Reference/2018-19/Vol.III]
