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Union of India - Section

Section 13 in The National Airports Authority Act, 1985

13. Transfer of assets and liabilities of the Central Government to the Authority .-(1) As from such date as the Central Government may appoint by notification in the Official Gazette-

(a)all properties and other assets including the equipment and navigational and ground aids relating to air traffic services and vested in the Central Government for the purposes of any aerodrome, civil enclave and aeronautical communication station and administered by the Director-General of Civil Aviation immediately before such date shall vest in the Authority;(b)all properties and other assets vested in the Central Government for the purposes of Civil Aviation Training Centre, Allahabad and the Fire Service Training School, Calcutta and administered by the Director-General of Civil Aviation immediately before such date shall vest in the Authority;(c)all residential buildings owned by the Director-General of Civil Aviation immediately before such date shall vest in the Authority;(d)all debts, obligations and liabilities incurred, all contracts entered into, and all matters and things engaged to be done by, with, or for the Central Government immediately before such date for or in connection with the purposes of any aerodrome, civil enclave, aeronautical communication station, the Civil Aviation Training Centre and the Fire Services Training School shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Authority;(e)all non-recurring expenditure incurred by the Central Government for or in connection with the purposes of any aerodrome, civil enclave, aeronautical communication station, Civil Aviation Training Centre, Fire Services Training School up to such date and declared to be capital expenditure by the Central Government shall subject to such terms and conditions as may be prescribed by the Central Government, be treated as capital provided by the Central Government to the Authority.(f)all sums of money due to the Central Government in relation to any aerodrome, civil enclave, aeronautical communication station, Civil Aviation Training Centre and Fire Service Training School immediately before such date shall be deemed to be due to the Authority;(g)all suits and other legal proceedings instituted or which could have been instituted by or against the Central Government immediately before such date for any matter in relation to any aerodrome, civil enclave, aeronautical communication station, Civil Aviation Training Centre and Fire Services Training School may be continued or instituted by or against the Authority.
(2)If any dispute or doubt arises as to which of the properties, rights or liabilities of the Central Government have been transferred to the Authority or as to which of the employees serving under the Director-General of Civil Aviation are to be treated as on deputation with the Authority under this section, such dispute or doubt shall be decided by the Central Government in consultation with the Authority and the decision of the Central Government thereon shall be final.
(3)Every employee holding any office under the Director-General of Civil Aviation immediately before the commencement of this Act solely or mainly for or in connection with such affairs of the Directorate-General of Civil Aviation as are relevant to the functions of the Authority under this Act as may be determined by the Central Government shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office, if the Authority had not been constituted and shall continue to do so until the Authority duly absorbs such employee in its regulate service:Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay the Central Government in respect to every such employee, such contribution toward his leave, salary, pension and gratuity as the Central Government may, by order, determine:Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in his regular service, intimated within such time as may be specified in this behalf by the Authority his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority.
(4)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the absorption of any employee by the Authority in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any Court, tribunal or other Authority.