The Land Ports Authority of India Act, 2010
Administered Ministry: Ministry of Home Affairs / Department of Border Management
Section
Section 1 Short title and commencement. 4 docs
(1)This Act may be called the Land Ports Authority of India Act, 2010.
(2) It shall come into force on such date 1 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.
(2) It shall come into force on such date 1 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).
Section 2 Definitions. 4 docs
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.
(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.
Section 3 Constitution of Authority. 5 docs
(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.
(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.
Section 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.
(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.
Section 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.
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.
Section 6 Vacation of office of members. 1 docs
The Central Governme nt 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.
(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.
Section 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.
Section 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.
(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.
Section 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.
(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.
Section 10 Officers and other employees of Authority. 2 docs
( 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.
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.
Section 11 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.
(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.
Section 12 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.
(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.
Section 13 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.
(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.
Section 14 General effect of vesting of undertakings in Authority.
All contracts, agreements and working arrangements subsisting immediately before the date of notification issued under clause ( d ) of section 2, and affecting the land ports shall be of full force and effect as regards the Authority.
Section 15 Guarantee to be operative.
Any guarantee given for or in favour of land customs stations or immigration check posts with respect to a loan, lease or finance shall continue to be operative in relation to such stations or check posts which have been vested in the Authority by virtue of this Act.
Section 16 Compulsory acquisition of land for Authority.
Any land required by the Authority for the discharge of its functions unde r this Act shall be deemed to be needed for a public purpose and such land may be acquired for the Authority under the provisions of the National Highways Act, 1956 (48 of 1956) or any other law for the time being in force.
Section 17 Contracts by Authority.
Subject to the provisions of section 18, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.
Section 18 Mode of executing contracts on behalf of Authority. 1 docs
(1) Every contract on behalf of the Authority, shall be made by the Chairperson or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts as may be specified, in the regulations, shall be sealed with the common seal o f the Authority:
Provided that no contract exceeding such value or amount as the Central Government may, by order fix in this behalf, shall be made unless it has been previously approved by the Central Government:
Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the Central Government may, by order fix in this behalf, shall be made unless it has been previously approved by the Central Government.
(2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be provided by regulations.
(3) Any contract which is not in accordance with the provisions of this Act and the rules and regulations made thereunder shall not be binding on the Authority.
Provided that no contract exceeding such value or amount as the Central Government may, by order fix in this behalf, shall be made unless it has been previously approved by the Central Government:
Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the Central Government may, by order fix in this behalf, shall be made unless it has been previously approved by the Central Government.
(2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be provided by regulations.
(3) Any contract which is not in accordance with the provisions of this Act and the rules and regulations made thereunder shall not be binding on the Authority.
Section 19 Power of Authority to charge fees, rent, etc. 1 docs
The Authority may, determine and charge such fees or rent, not being a statutory levy under any other Act, as may be provided by regulations, separately for each integrated check post, —
(a) for the cargo handling, warehousing, parking of trucks or for any other service or facility offered in connection with transport operations;
(b) for the parking of passenger vehicles and other amenities given to the passengers and visitors; and ;
(c) for the availing of facilities and other services provided by the Authority.
(a) for the cargo handling, warehousing, parking of trucks or for any other service or facility offered in connection with transport operations;
(b) for the parking of passenger vehicles and other amenities given to the passengers and visitors; and ;
(c) for the availing of facilities and other services provided by the Authority.
Section 20 Additional capital and grant to Authority by Central Government.
The Central Government may, after the appropriation made by Parliament by law in this behalf, —
(a) provide any capital that may be required by the Authority for the discharge of its functions under this Act or for any purpose connected therewith on such terms and conditions as that Government may determine;
(b) pay to the Authority, on such terms and conditions as the Central Government may determine, by way of loans or grants such sums of money as that Government may consider necessary for the efficient discharge of its functions under this Act.
(a) provide any capital that may be required by the Authority for the discharge of its functions under this Act or for any purpose connected therewith on such terms and conditions as that Government may determine;
(b) pay to the Authority, on such terms and conditions as the Central Government may determine, by way of loans or grants such sums of money as that Government may consider necessary for the efficient discharge of its functions under this Act.