Chapter VII THE ODISHA STATE HIGHWAYS AUTHORITY

(1) With effect from such date as the State Government may, by notification appoint in this behalf, there shall be constituted for the purposes of this Act an Authority to be called the Odisha State Highways Authority. (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 sue and be sued. (3) The Authority shall consist of,- (a) a Chairperson; (b) three or four full-time members of whom one each shall be the member-in-charge of,- (i) finance; (ii) safety and technology; (iii) works contracts and operations; and (iv) concessions and public private partnerships and (c) six part-time members, to be appointed by the State Government by notification of whom one each, not being lower in rank than a Secretary to the Government, shall be the nominee of the Finance Department, the Planning & Convergence Department and the Commerce & Transport (Transport) Department respectively, and one each shall be an eminent person from the field of,- (i) finance or banking; (ii) technology and research in roads; (iii) judiciary or law; (iv) works; and (v) revenue. (4) The Chairperson and full-time members shall be appointed by the State Government, on the recommendation of a Search and Selection Committee consisting of,- (a) Chief Secretary - Chairman; (b) An Additional Chief Secretary or a Principal Secretary to be nominated by the State Government - Member; (c) Secretary of Works Department – Member.

The term of office of the members shall ordinarily be five years and their conditions of service shall be such as may be prescribed: Provided that no person shall be appointed as Chairperson or member after he attains the age of sixty-two years or shall serve in such capacity after he attains the age of sixty-five years: Provided further that the State Government may, in its discretion, terminate the term of office of any member, including the Chairperson, at any time by giving a notice of three months or the salary and allowances in lieu thereof.

A person shall be disqualified for being appointed as a member if he,- (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the State Government or a Corporation owned or controlled by the State Government; or (e) has, in the opinion of the State 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.

Subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member if he has not attained the age of sixty-four years on the date of re-appointment.

No act or proceeding of the Authority shall be invalidated merely by reason of,- (a) any vacancy in, or any defect in the constitution of the Authority; or (b) any defect in the appointment of a person acting as a member of the Authority; or (c) any irregularity in the procedure adopted by the Authority not affecting the merits of the case. (3) The State Government may reduce or extend the period mentioned in sub-section (1) as it considers necessary. (4) During the operation of an order made under sub-section (1), it shall be competent for the State Government to issue, from time to time, such directions to the Authority as are necessary to enable the authorised person to exercise the powers and discharge the functions of the Authority under this Act in relation to the highway or part thereof, the operation of which has been entrusted to him and in particular, to transfer any sum of money from the Fund of the Authority to the authorised person for the operation of the highway or part thereof and every such direction shall be complied with by the Authority. (5) On the cesser of operation of any order made under sub-section (1) in relation to any highway or part thereof, the authorised person shall cease to exercise and perform the powers and functions of the Authority under this Act in relation to such highway or part thereof and the Authority shall continue to exercise and perform such powers and functions in accordance with the provisions of this Act. (6) On the cesser of operation of any order made under sub-section (1) in relation to any highway or part thereof, the authorised person shall hand over to the Authority any property (including any sum of money or other asset) remaining with him in connection with the operation of such highway or part thereof.

The Authority may, by general or special order in writing, delegate to the Chairperson or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act (except its powers under section 92) as it may deem necessary.

All orders, decisions and other instruments of the Authority shall be authenticated by the signature of the Chairperson or any other member or any officer of the Authority authorised by it in this behalf.