Amendment of section 47 Insertion of Chapter VA.
"CHAPTER VA TARIFF AUTHORITY FOR MAJOR PORTS
47A. (?) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint there shall be constituted for the purposes of this Act an Authority to be called the Tariff Authority for Major Ports.
(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal and shall by the said name sue and be sued.
(3) The head office of the Authority shall be at such place as the Central Government may decide from time to time.
(4) The Authority shall consist of the following Members to be appointed by the Central Government, namely :—
(a) a Chairperson from amongst persons who is or who has been a Secretary to the Government of India or has held any equivalent post in the Central Government and who has experience in the management and knowledge of the functioning of the ports;
(b) a Member from amongst economists having experience of not less Constitution and Incorporation of Tariff Authority for Major Ports.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART-II— Term of office, conditions of service, etc, of Chairperson and other Members.
than fifteen years in the field of transport or foreign trade;
(c) a Member from amongst persons having experience of not less than fifteen years in the field of finance with special reference to investment or cost analysis in the Government or in any financial institution or industrial or services sector,
47B. (/) The Chairperson or a Member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
(2) The salaries and allowances payable to and other conditions of service of the Chairperson and the other Members shall be such as may be prescribed by the Central Government.
(i) Notwithstanding anything contained in sub-section (/), the Chairperson or a 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 47D.
(4) If a casual vacancy occurs in the officeof the Chairperson or any Member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by the Central Government by making a fresh appointment and the Chairperson or the Member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed.
Disqualification for the officeof Chairperson and Member
47C. A person shall be disqualified for being appointed as a Chairperson or as a Member of the Authority if he is disqualified for being chosen as a Trustee under section 6.
Removal, etc., ofChairperson and Members.
47D. (/) The Central Government shall remove from the Authority the Chairperson or any Member, if he—
(a) becomes subject to any disqualification under section 47C;
(b) refuses to act or becomes incapable of acting;
(c) in the opinion of the Central Government has so abused his position as to render his continuance in office detrimental to the public interest, or
(d) is otherwise unsuitable to continue as the Chairperson or as a Member.
(2) The Central Government may suspend the Chairperson or any Member pending an inquiry against him.
(3) No order of removal under this section shall be made unless the Chairperson or the Member concerned, as the case may be, has been given an opportunity to submit his explanation to the Central Government and when such order is passed, the seat of the Chairperson or Member removed shall be declared vacant.
(4) The Chairperson or a Member who has been removed under this section shall not be eligible for re-appointment as a Chairperson or as a Member or in any other capacity under the Authority.
Meetings 47H. 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 as may be specified by regulations.
SF.C. 1] THE GAZETTE OI? INDIA EXTRAORDINARY 5
47F. All orders and decisions of the Authority shall be authenticated by the signature of the Chairperson or any other Member authorised by the Authority in this behalf.
Authentication of all orders and decisions of the Authority.
47G. No act or proceeding of the Authority shall be invalidated 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 Chairperson or a Member of the Authority; or
(c) any irregularity in the procedure of the AuthoYity not affecting the merits of the case.
Vacancy, etc, not to invalidate proceedings of the Authority.
4711. (/) The Authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The salary and allowances payable to and the other conditions of service of the officers and other employees of the Authority appointed under sub-section (/) shall be such as may be specified by regulations.".
Officers and employees of the Authority.
15. In section 48 of the Major Port Act, in sub-section (7),—
(a) for the opening portion, the following shall be substituted, namely:— "The Authority shall from time to time, by notification in the Official Gazette, frame a scale of rates at which, and a statement of conditions under which, any of the services specified hereunder shall be performed by a Board or any other person authorised under section 42 at or in relation to the port or port approaches - -";
(h) in clause (e), the words excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act" shall be omitted.
Amendment of section 48.