3. 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.
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).
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(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
(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.
4. 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.
5. 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.
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6. Vacation of office of members.—The Central Government shall remove a member if, he—
(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
(b) refuses to act or becomes incapable of acting; or
(c) is, without obtaining leave of absence from the Authority, absent from three consecutive
meetings of the Authority; or
(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.
7. Eligibility of member for re-appointment.—Any person ceasing to be a member shall, unless
disqualified under section 4, be eligible for re-appointment.
8. Meetings.—(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) 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) 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.
9. 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.
10. 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 employee 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.