Section 5 in The Airports Economic Regulatory Authority of India Act, 2008
Title: Constitution of Selection Committee to recommend Members
(1) The Central Government shall, for the purpose of sub-section (6) of section 4 constitute a Selection Committee consisting of the following, namely:--
(a) Cabinet Secretary --Chairman;
(b) Secretary, in the Ministry of Civil Aviation --Member;
(c) Secretary, Department of Legal Affairs in the Ministry of Law and Justice --Member;
(d) Secretary, in the Ministry of Defence --Member;
(e) One expert to be nominated by the Ministry of Civil Aviation --Member.
(2) The Central Government shall within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or a Member and six months before the superannuation or end of tenure of the Chairperson or any Member, make a reference to the Selection Committee for filling up of the vacancy.
(3) The Selection Committee shall finalise the selection of the Chairperson and Members within one month from the date on which the reference is made to it.
(4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it.
(5) Before recommending any person for appointment as a Chairperson or other Member of the Authority, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as a Member.
(6) No appointment of the Chairperson or other Member shall be invalid merely by reason of any vacancy in the Selection Committee.
Title: Terms of office and other conditions of service, etc., of Chairperson and Members
(1) The Chairperson and other Members, shall hold office, as such, for a term of five years from the date on which he enters upon his office, but shall not be eligible for re-appointment:
Provided that no Chairperson or other Member shall hold office, as such, after he attains –
(a) in the case of the Chairperson, the age of sixty-five years; and
(b) in the case of any other Member, the age of sixty-two years.
Explanation.--For the purposes of this sub-section, a Member may be appointed as Chairperson of the Authority, but a person who has been the Chairperson shall not be eligible for appointment as a Member.
(2) The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and other Members shall be such as may be prescribed.
(3) The salary, allowances and other conditions of service of the Chairperson and other Members shall not be varied to their disadvantage after their appointment.
(4) Notwithstanding anything contained in sub-section (1), the Chairperson or any Member may,--
(a) relinquish his office by giving, in writing to the Central Government, a notice of not less than three months; or
(b) be removed from his office in accordance with the provisions of section 8.
(5) The Chairperson or any Member ceasing to hold office, as such, shall—
(a) be ineligible for further employment under the Central Government or any State Government for a period of two years from the date he ceases to hold such office;
(b) not accept any commercial employment including private for a period of two years from the date he ceases to hold such office; or
(c) not represent any person before the Authority in any other manner.
Explanation.--For the purposes of this sub-section,--
(a) "employment under the Central Government or State Government" includes employment under any local or other authority within the territory of India or under the control of the Central Government or State Government or under any corporation or society owned or controlled by the Government.
(b) "commercial employment" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in any field and includes also a director of a company or partner of a firm and it also includes setting up practice either independently or as partner of a firm or as an adviser or a consultant.
Title: Power of Chairperson
The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such powers and functions of the Authority and shall discharge such other powers and functions as may be prescribed.
Title: Removal and suspension of Members
(1) The Central Government may, by order, remove from office the Chairperson or other Member, if the Chairperson or such other Member, as the case may be,--
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a Member; or
(e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or
(f) has engaged at any time during his term of office in any other employment.
(2) The Chairperson or any other Member shall not be removed from his office except by an order of the Central Government on the ground of his proved misbehavior or incapacity after the Central Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the Member ought on any such ground to be removed.
(3) The Central Government may suspend any Member in respect of whom an inquiry under sub-section (2) is being initiated or pending until the Central Government has passed an order on receipt of the report of the inquiry.
Title: Appointment of Secretary, experts, professionals and officers and other employees of Authority
(1) The Central Government may appoint a Secretary to discharge his functions under this Act.
(2) The Authority may appoint such officers and other employees as it considers necessary for the efficient discharge of its functions under this Act.
(3) The salaries and allowances payable to and other terms and conditions of service of the Secretary and officers and other employees of the Authority and the number of such officers and other employees shall be such as may be prescribed.
(4) The Authority may engage, in accordance with the procedure specified by regulations such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in, economics, law, business or such other disciplines related to aviation as it deems necessary to assist the Authority in the discharge of its functions under this Act.