Chapter II THE LAND PORTS AUTHORITY OF INDIA

1. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be constituted an Authority to be known as the Land Ports Authority of India.
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 sue and be sued. (3)The Authority shall consist of—
   • (a) a Chairperson;
   • (b) two Members, out of whom one shall be Member (Planning and Development) and other shall be Member (Finance);
   • (c) not more than nine members, ex officio, to be appointed by the Central Government from amongst the officers, not below the rank of the Joint Secretary to the Government of India, representing the ministries or departments of the Government of India dealing with Home Affairs, External Affairs, Revenue, Commerce, Road Transport and Highways, Railways, Defence, Agriculture and Cooperation, Law and Justice;
   • (d) the Chief Secretary or his nominee not below the rank of the Secretary to the Government of the respective State where the integrated check posts are located;
   • (e) two representatives, one of whom shall be from recognised bodies of workers and the other shall be from traders, to be appointed by the Central Government; and and
   • (f) such other representatives as the Central Government may co-opt for functional purposes.
3. (4) The Chairperson and the members referred to in clause (b) shall be appointed by the Central Government and shall be whole-time members.
4. (5) The Chairperson shall be chosen from among persons who have special knowledge and experience in the field of security, transport, industry, commerce, law, finance or public administration.

A person shall be disqualified for being appointed as a member if, he—

1. (a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the Central 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 body corporate owned or controlled by the Government; or
5. (e) has in the opinion of the Central 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.

1. (1) Subject to the provisions of section 6, every whole-time member shall hold office for a period of five years from the date on which he assumes office or till he attains the age of sixty years, whichever is earlier: Provided that the Central Government may—
   • (a) terminate the appointment of any whole-time member, after giving him notice of a period of not less than three months or, in lieu thereof, on payment of an amount equal to his salary and allowances, if any, for a period of three months;
   • (b) terminate at any time the appointment of any member who is a servant of the Government.
2. (2) The other conditions of service of the members shall be such as may be prescribed.
3. (3) Any member may resign his office by giving notice in writing for such period as may be prescribed, to the Central Government and, on such resignation being notified in the Official Gazette by that Government, such member shall be deemed to have vacated his office.

The Central Government shall remove a member if, he --

1. (a) becomes subject to any of the disqualifications mentioned in section 4: Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given a reasonable opportunity of being heard in the matter; or
2. (b) refuses to act or becomes incapable of acting; or
3. (c) is, without obtaining leave of absence from the Authority, absent from three consecutive meetings of the Authority; or
4. (d) in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest: Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.

Any person ceasing to be a member shall, unless disqualified under section 4, be eligible for re - appointment.

1. (1) The Authority shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations.
2. (2) The Chairperson, or, if for any reason, he is unable to attend any meeting of the Authority, any other member chosen by the members present at the meeting shall preside at the meeting.
3. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence the person presiding, shall have and exercise a second or casting vote.

No act or proceeding of the Authority shall be invalid 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 ) For the purpose of enabling it to efficiently discharge its functions under this Act, the Authority shall appoint such number of officers and other employees as it may consider necessary: Provided that the appointment of such category of officers, as may be specified, shall be subject to the approval of the Central Government. ( 2 ) Every officer or other employ ee appointed by the Authority shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.