Section 5 of The Land Ports Authority of India Act, 2010
- (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.
Summary
- Full-time members hold their position for a term of five years from the day they take charge, or until they turn sixty years old, whichever happens first.
- The Central Government can end a full-time member's job early by giving them at least three months' notice in writing.
- Instead of giving three months' notice, the Central Government can pay the member three months' salary and allowances to end their job immediately.
- If a member is also an active employee of the government, the Central Government can end their appointment on the board at any time without a notice period.
- A member can resign by writing to the Central Government, and they are officially out of office once the government publishes this resignation in the Official Gazette.
Practical examples
FAQ
1. What is the maximum age limit for a whole-time member?
The maximum age limit is sixty years.
2. Can a whole-time member serve for more than five years in one term?
No, the maximum term limit is five years, or until they turn sixty years old, whichever comes first.
3. Can the Central Government remove a whole-time member immediately?
Yes, but they must either give three months' notice or pay three months' salary and allowances instead of notice, unless the member is a government servant, in which case they can be removed at any time.
4. How does a member resign?
The member must give written notice to the Central Government. They are deemed to have left office only after the resignation is published in the Official Gazette.
Test yourself
Q1.Under Section 5 of The Land Ports Authority of India Act, 2010, what is the maximum duration of a single term for a whole-time member?
Q2.If a whole-time member is fifty-seven years old when they take office, for how long can they serve under Section 5 of The Land Ports Authority of India Act, 2010?
Q3.Under Section 5 of The Land Ports Authority of India Act, 2010, what is the notice requirement if the Central Government wishes to terminate a whole-time member who is not a government servant?
Q4.Under Section 5 of The Land Ports Authority of India Act, 2010, what action must occur before a member's resignation is legally complete?