Premium
This is an archive article published on August 6, 2011

AAI to regulate development fee for all airports

Following the Supreme Court’s order terming the Development Fee (DF) charged at Delhi and Mumbai airports illegal,the government has come up with rules prescribing DF rates.

Following the Supreme Court’s order terming the Development Fee (DF) charged at Delhi and Mumbai airports illegal,the government has come up with rules prescribing DF rates.

The Airports Authority of India (Major Airports) Development Fee Rules,2011,specify collection,deposit and utilisation of the DF charged by airports run by both private consortia and the state-owned Airport Authority of India (AAI). The apex court in April had struck down DF charged at Delhi and Mumbai airport as without any “authority under law”. These Rules,notified on August 3,authorise private airport operators to charge DF after an appropriate order to this effect is passed by the airports regulator,Airports Economic Regulatory Authority (AERA).

As of now,both Delhi and Mumbai airports have discontinued levying DF till the time AERA passes an order. Delhi airport charged Rs 200 and Rs 1,300 whereas Mumbai airport charged Rs 100 and Rs 600 for departing domestic and international passenger respectively since 2009. According to the rules,drafted by the Civil Aviation Ministry,AAI will open a separate escrow account for each airport and determine the body responsible for collecting DF,the account in which it should be deposited and the periodicity of deposit. AAI will be responsible for regulating receipts and utilization of fees. The rules further state that the Escrow accounts will have four sub-accounts for DF recepit,statutory dues,disbursement and surplus.

The balance amount in the DF account – after completion of levy period – shall be used for subsequent determination of the DF by AERA. To utlilise the levy amount,the private operators will have to submit a draw down schedule to AAI. In case,the operator has raised debt against DF realisation,it will link its draw down schedule to debt servicing schedule agreed with the lender. The request for release of funds can be made 15 days in advance to the AAI. The rules make it mandatory for airport operators to submit utilisation certificate,certified by an AAI-appointed auditor,on a quarterly basis for amount received during previous quarter. Failure to utilise DF for specified purpose will invite penal interest at State Bank of India base rate plus ten per cent per annum from the date of amount withdrawal.

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement