Section 1 in The Land Ports Authority of India Act, 2010
Title: Short title and commencement.
(1)This Act may be called the Land Ports Authority of India Act, 2010.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1.1st March, 2012, vide notification No. S.O. 328(E), dated 24th February, 2012, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
In this Act, unless the context otherwise requires,—
(a) “Authority” means the Land Ports Authority of India constituted under section 3;
(b) “Chairperson” means the Chairperson of the Authority appointed under clause (a) of sub-section (3) of section 3;
(c) “immigration check post” means any port or place of departure on the land as notified under the Foreigners' Act, 1946 (31 of 1946);
(d) “integrated check post” means any land port, as the Central Government may, by notification in the Official Gazette, specify;
(e) “land customs station” means any place notified as such by the Central Government under clause (b) of sub-section (1) of section 7 of the Customs Act, 1962 (52 of 1962) for the clearance of goods imported or to be exported by land or inland water;
(f) “land port” means an area on the international borders of India including portions of national highways, State highways and other roads, notified as land customs station or immigration check post under the Customs Act, 1962 (52 of 1962) or the Foreigners' Act, 1946 (31 of 1946), and includes railways, with facilities for clearance and transport of passengers and goods across the borders of India;
(g) “notification” means a notification published in the Official Gazette;
(h) “prescribed” means prescribed by rules made under this Act; and
(i) “regulations” means regulations made by the Authority under this Act.
Title: Constitution of Authority.
(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) 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.
(4) The Chairperson and the members referred to in clause (b) shall be appointed by the Central Government and shall be whole-time members.
(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.
Title: Disqualification for office of member.
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 Central 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 Government or a body corporate owned or controlled by the Government; or
(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.
Title: Term of office and conditions of service of members.
(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) The other conditions of service of the members shall be such as may be prescribed.
(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.