(PUBLISHED IN PART 2, SUB-SECTION 3(1) OF THE GAZETTE OF INDIA EXTRAORDINARY DATED 1-8-1981)

 

GOVERNMENT OF INDIA MINISTRY OF SHIPPING AND TRANSPORT PORTS WING)

New Delhi, dated 13th July, 1981

 

NOTIFICATION

G.S.R. 725  Whereas the draft of the Major Port Trusts (Procedure at Board Meetings) Rules, 1981 was published, as required by sub-section (2) of section 122 of the Major Port Trusts Act, 1963 (38 of 1963) at pages 872-875 of the Gazette of India, Part-II, Section 3, Sub-section (i), dated the 28th March, 1981, under the notification of the Government of India in the Ministry of Shipping and Transport (Ports Wing), No. G.S.R. 343, dated the 12th March, 1981 inviting objections and suggestions from all persons likely to be affected thereby till the expiry of a period of forty-five days from the date of publication of the said notification in the Official Gazette.

AND WHEREAS the copies of the said Gazette were made available to the public on the 4th April, 1981.

AND WHEREAS no objections and suggestions have been received from the public before the expiry of the period aforesaid.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 122 of the said Act and in supersession of the Major Port Trusts (Procedure at Board Meetings) Rules, 1964, the Mormugao Port Trust (Procedure at Board Meetings) Rules, 1964,  the Paradip Port Trust (Procedure at Board Meetings) Rules, 1967, the Board of Trustees of the Port of Calcutta (Procedure at Board Meetings) Rules, 1975, the Board of Trustees of the Port of Bombay (Procedure at Board Meetings) Rules, 1975, the Board of Trustees of the Port of Madras (Procedure at Board Meetings) Rules, 1975, the Tuticorin Port Trust (Procedure at Board Meetings) Rules, 1979, and the New Mangalore Port Trust (Procedure at Board Meetings) Rules, 1980 except as respects things done or omitted to be done before such supersession the Central Government hereby makes the following rules, namely:-

  1.  

(1) These Rules may be called the Major Port Trusts (Procedure at Board Meetings) Rules, 1981.

(2) They shall come into force on the date of their final publication in the Official Gazette.

(3) They shall, subject to the provisions of section 16 of the Major Port Trusts Act, 1963 (38 of 1963), apply to the business transacted at the meetings of the Boards of Trustees of the Ports of Calcutta, Bombay, Madras, Cochin. Vishakhapatnam, Kandla, Mormugao, Paradip, Tuticorin, New Mangalore and Nhava Sheva.

  1.  

(1) Frequency of meetings– A meeting of the Board other than a special meeting referred to in rule 3, shall be held at least once in three months.

(2) The Board shall, from time to time, determine the date and time  of its meetings.Provided that where the Board is unable to do so for any reason , the Chairman, may do so, for reasons to be recorded in writing.

(3)  A meeting of the Board shall be held at Port premises of the respective ports, except where the Board in advance decides to hold any meeting at any other place for reasons to be recorded in writing.

  1. Calling of special meetings:-

The Chairman or in his absence the Deputy Chairman, if appointed, may  whenever he thinks fit and shall upon the written request of not less than three Trustees, call a special meeting of the Board.

  1. Circulation of the agenda etc.:-

Agenda and notes or memoranda thereon, if any, for any meeting of the Board shall be circulated to the Trustees at least three days before the date of the meeting.

Provided that in the case of special meeting, such agenda and notes or memoranda shall be circulated at least one day before the date of the meeting.

  1. Discussion on items not included in the agenda:-

The Chairman, or in his absence, the Dy.Chairman, if appointed may at his discretion, include for discussion at any of the meetings of the Board, including a special meeting, any item not included in the agenda, if the same is, in his opinion of sufficient importance and urgency or both and cannot be held over for the consideration of the Board at any subsequent meeting.

  1. Poll: If a poll is demanded on any question, the names of the Trustees voting and the nature of their votes shall be recorded by the President of the meeting.

EXPLANATION:- For the purpose of this rule and rules 7 and 8, the expression ‘President’ shall mean the Chairman or, in his absence, the Deputy Chairman, if appointed, and in the absence of both, any person chosen by the Trustees present from among themselves to preside at the meeting of the Board.

  1. Minutes of the meeting:

(1) Minutes of the proceedings at each meeting of the Board shall be recorded in a book to be provided by the Board for his purpose, which shall be signed as soon as practicable by the President of such meeting and shall be open to the inspection by any Trustee during the office hours.

(2) Minutes of the proceedings excepting such portion thereof, as the Chairman or, in his absence Deputy Chairman, if appointed, may direct in any particular case, shall also be open to the inspection of the public at the office of the Board during office hours.

(3) The names of the Trustees present at each meeting shall be recorded in the Minutes Book.

(4) A Trustee present at any meeting of the Board shall sign his name in a book or register to be provided by the Board for the purpose.

  1. Adjournment of the meetings:

The President of a meeting may adjourn it to a later date, which date shall either be announced at the meeting in which case intimation shall be sent to the Trustees absent at the meeting at least three days in advance, or communicated to the Trustees at least three days before the date of the meeting.

(PW-PGL-3/80)

Sd/-

(M.R. GATHWAL)

Under Secretary to the Govt. of India.

Amendment Rules:-

  1. MOST’s Notification No. GSR-819(E) dated 28-7-88
  2. MOST’s Notification No. GSR-89(E) dated 25-2-91
  3. MOST’s Notification No. GSR-627(E) dated 14-10-91