Chapter II ANDHRA PRADESH INLAND WATERWAYS AUTHORITY

1. (1) With effect from such date as the Andhra Pradesh Government may, by notification in the official Gazette, appoint in this behalf, there shall be constituted for the purposes of this Act an Authority, to be called the Andhra Pradesh Inland Waterways Authority.
2. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sued and be sued.
3. (3) The Board of the Authority shall consist of the following:
   • (a) Chairman;
   • (b) Vice Chairman;
   • (c) Chief Executive Officer (CEO);
   • (d) not more than five members to be nominated by the Andhra Pradesh Government.
4. (4) The Authority may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Authority relevant to the purpose for which he has been associated, but shall not be entitled to vote.

Conditions of service of members The term of office and other conditions of service of the Board members shall be such as may be prescribed.

1. (a) A person shall be disqualified for being appointed as a member, if he has been convicted and sentenced to imprisonment for an offence which, in the opinion of the AP Government, involves moral turpitude; or
2. (b) is an undischarged insolvent; or
3. (c) is of unsound mind and stands so declared by a competent court; or
4. (d) has been removed or dismissed from the service of the Government or a company owned or controlled by the Government; or
5. (e) has, in the opinion of the AP Government such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.

The Chairman of the Board of the Authority shall preside over the meeting of the authority, exercise and discharge such powers and duties of the Authority as may be delegated to him by the Board and such other powers and duties as may be prescribed.

1. (1) The Board of the Authority shall meet at such times and such places including in physical or virtual or both i.e. in video conferencing modes and shall observe such rules of procedure in regard to the transaction of business at its meetings with majority of the members in the Board which includes the Chairman and CEO of the Authority.
2. (2) The Chairman or in his absence such other member as is chosen by the members present at the meeting of the Authority shall preside at the meeting.
3. (3) All questions which come up before any meeting of the Board of the Authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the Chairman, or in the absence of both, the person presiding, shall have and exercise a second or casting vote.
4. (4) CEO shall act as a Member Convenor of the Board of the Authority.

1. (1) The Andhra Pradesh Government may remove from the Authority any member who, in its opinion –
   • (a) refuses to act;
   • (b) has become incapable to act;
   • (c) has so abused his office as to render his continuance in office detrimental to the public interest, or
   • (d) is otherwise unsuitable to continue as a member.
2. (2) The Government may suspend any member pending an inquiry against him.
3. (3) No order of removal under this section shall be made unless the member concerned has been given an opportunity to submit his explanation to the Government and when such order is passed, the seat of the member removed shall be declared vacant.
4. (4) A member who has been removed under this section shall not be eligible for re-appointment as a member or in any capacity under the Authority.

No act or proceeding of the Authority shall be invalidated merely by reason of-

1. (a) any vacancy in, or any defect in the constitution of the Authority; or
2. (b) any defect in the appointment of a person acting as a member of the Authority; or
3. (c) any irregularity in the procedure of the Authority not affecting the merits of the case.

1. (1) The Government of Andhra Pradesh shall appoint the Chairman, Vice-Chairman and CEO of the Authority. All other officers and employees shall be appointed by the Authority as it considers necessary for the efficient discharge of its functions under this Act.
2. (2) The terms and conditions of the service of Chairman, Vice-Chairman and CEO shall be as may be prescribed by the Government of Andhra Pradesh.

Advisory Committees

1. (1) Subject to any rules made in this behalf, the Authority may from time to time constitute such Advisory Committees as may be necessary for the efficient discharge of its functions.
2. (2) Every Advisory Committee shall consist of such number of persons connected with shipping and navigations, water tourism and allied aspects as the Authority may deem fit.

In the discharge of its functions under this Act, the Authority shall act, so far as may be, on business principles.