47A. Constitution and incorporation of Tariff Authority for Major Ports.—(1) 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.
1. Subs. by Act 15 of 1997, s. 13, for “The Arbitration Act, 1940 (10 of 1940)” (w.e.f. 9-1-1997).
2. Ins. by s. 14, ibid. (w.e.f. 9-1-1997).
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(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 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. Term of office, conditions of service, etc., of Chairperson and other Members.—(1) 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.
(3) Notwithstanding anything contained in sub-section (1), 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 office of 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.
47C. Disqualification for the office of Chairperson and Member.—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.
47D. Removal, etc., of Chairperson and Members.—(1) 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.
47E. Meetings.—The Authority shall meet at such times end places, and shall observe such rules of
procedure in regard to the transaction of business at its meetings as may be specified by regulations.
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47F. Authentication of all orders and decisions of the Authority.—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.
47G. Vacancy, etc., not to invalidate proceedings of the Authority.—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 Authority not affecting the merits of the case.
47H. Officers and employees of the Authority.—(1) 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 (1) shall be such as may be specified by
regulations.]