Administrative Powers, Meetings, Vacancies, Officers and Employees (Sections 8 to 11)

Sections 8 to 11 of the PFRDA Act deal with how the Authority works internally: who runs its administration, how it takes decisions, what happens if its membership is incomplete or a procedural error occurs, and how it recruits staff.

1. Administrative Powers of the Chairperson (Section 8)

• Administrative, not regulatory, supremacy: the Chairperson directs the Authority's administration: staff, offices, budgets and internal organisation.
• Regulatory decisions: decisions on regulations and major policy are taken by the Authority as a body at its meetings (Section 9), though many functions are delegated to members, officers or committees under Section 49.

2. Meetings of the Authority (Section 9)

• Procedure by regulations: the Authority meets at such times and places, and follows such rules of procedure, including quorum, as its regulations provide.
• Presiding member: the Chairperson presides; if he cannot attend, the members present choose one of themselves to preside.
• Majority: all questions are decided by a majority of the members present and voting.
• Casting vote: in case of a tie, the Chairperson, or in his absence the person presiding, has a second or casting vote.

Disclosure of interest

A member who is a director of a company and, as such, has a direct or indirect pecuniary interest in a matter before a meeting must disclose the nature of his interest at the meeting as soon as possible after becoming aware of it. The disclosure is recorded in the proceedings, and the member must not take part in any deliberation or decision on that matter. The rule applies the principle against bias, that no one should be a judge in his own cause.

3. Vacancies and Defects Not to Invalidate Proceedings (Section 10)

• Purpose: to prevent regulatory action from being set aside on purely technical grounds, for example because a member's post was vacant or an appointment was later found defective.
• Limit: the protection covers only irregularities not affecting the merits. A breach of natural justice, a decision by a biased member, or a decision outside the Authority's powers is not cured by Section 10.

4. Officers and Employees (Section 11)

• Power to appoint (Section 11(1)): the Authority may appoint such officers and other employees as it considers necessary for the efficient discharge of its functions.
• Conditions of service (Section 11(2)): their terms and conditions are determined by regulations made by the Authority, which gives PFRDA control over its own staffing.
• Public servants: the Chairperson, members, officers and employees are deemed public servants within the meaning of the criminal law when acting under the Act (Section 47).
• Good faith: no suit or prosecution lies against the Government, the Authority, its members, officers or employees for anything done in good faith under the Act (Section 48).

5. Related Topics and Provisions

• Establishment and composition
• Chairperson and members