Section 9 in The Land Ports Authority of India Act, 2010
Title: Vacancies, etc., not to invalidate proceedings of Authority.
No act or proceeding of the Authority shall be invalid 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 of the Authority not affecting the merits of the case.
Title: Officers and other employees of Authority.
( 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.
Title: Functions of Authority.
(1) Subject to the provisions of this Act, the Authority shall have powers to develop, sanitize and manage the facilities for cross border movement of passengers and goods at designated points along the international borders of India.
(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Authority may—
(a) put in place systems, which address security imperatives at the integrated check posts on the border;
(b) plan, construct and maintain roads, terminals and ancillary buildings other than national highways, State highways and railways, at an integrated check post;
(c) plan, procure, install and maintain communication, security, goods handling and scanning equipment at an integrated check post;
(d) provide appropriate space and facilities for immigration, customs, security, taxation authorities, animal and plant quarantine, warehouses, cargo and baggage examination yards, parking zones, banks, post offices, communication facilities, tourist information centres, waiting halls, canteen, refreshment stal ls, public conveniences, health services and such other services, as may be deemed necessary;
(e) construct residential buildings for its employees as well as residential accommodation for staff deployed at integrated check posts;
(f) establish and maintai n hotels, restaurants and restrooms;
(g) establish and maintain warehouses, container depots and cargo complexes for the storage or processing of goods;
(h) arrange for postal, money exchange, insurance and telephone facilities for the use of passengers an d other persons at integrated check posts;
(i) make appropriate arrangements for the security of integrated check posts and provide for regulation and control of movement of vehicles, entry and exit of passengers and goods in accordance with the respective law concerning them;
(j) ensure prevention and control of fire and other hazards and other facilities as deemed necessary;
(k) regulate and control the movement of vehicles, and the entry and exit of passengers, transportation workers, handling agents, clearing and forwarding agents and goods at the integrated check post with due regard to the law, security and protocol of the Government of India;
(l) co-ordinate and facilitate the working of agencies who have been engaged to undertake various activities at the integrated check posts, in accordance with the respective law, for the time being in force;
(m) develop and provide consultancy, construction or management services, and undertake operations in India and abroad in relation to an integrated check post ;
(n) form one or more companies under the Companies Act, 1956 (1 of 1956) or under any other law relating to companies for efficient discharge of the functions imposed on it by this Act;
(o) take all such steps as may be necessary or expedient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this Act:
Provided that sovereign functions of the Authority shall not be assigned to any private entity;
(p) set up joint ventures for the discharge of any of the functions assigned to the Authority; and
(q) undertake any other activity at the integrated check post in the best commercial interests of the Authority.
(3) In the discharge of its functions under this section, the Authority may consult such ministry or department of the Government of India or of the State Government as it deems necessary, and shall have due regard to the development of land port services and to the efficiency, economy and safety of such service.
(4) Nothing contained in this section shall be construed as—
(a) authorising the disregard by the Authority of any law for the time being in force; or
(b) authorising any person to institute any proceeding in respect of duty or liability to which the Authority or its officers or other employees would not otherwise be subject to.
Title: Responsibilities and powers of other agencies.
(1) The respective border guarding forces deployed at the borders of India shall be responsible for security around an integrated check post.
(2) The Authority may, whenever considered necessary so to do for ensuring the peace and security at an integrated check post, seek the assistance of armed force, Central para military force or State police as per the provisions of the law for the time being in fo rce.
(3) The Customs, immigration, quarantine and other officials shall co-ordinate with the Authority for the effective discharge of its functions.
(4) Notwithstanding anything contained in any provisions of this Act, the Customs, immigration, quarantine officials, the border guarding forces and the police shall discharge their functions in accordance with the law for the time being in force.
Title: Assets and liabilities to vest in Authority
(1) On the date of notification issued under clause (d) of section 2, all such assets, rights, powers, authorities and privileges and such property movable and immovable, real or personal, corporeal or incorporeal, present or contingent, of whatever nature, including lands, buildings, machinery, equipments, works, workshops, cash balances, capital, reserves, reserve funds, investments, tenancies, losses and book debts and all other rights and interests arising out of such property, as immediately before the issue of that notification, were in the ownership or possession of the Government of India in any of the land port, as the Central Government may, in such notification, specify, shall vest in the Authority and such vesting shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting.
(2) The notification under sub-section (1) shall be issued only after the concurrence of the concerned ministries or departments of the Government of India, in case where such properties are owned or controlled by such ministries or departments.