MAJOR PORT TRUSTS (PROCEDURE AT BOARD MEETINGS) RULES,1981.

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 872-873 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 of the aforesaid ;

Now, therefore, in exercise of the powers conferred by sub section(i) of section 122 of the said Act, 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 meeting of the Boards of Trustees of the Ports of Calcutta, Bombay, Madras, Cochin, Visakhapatnam, Kandla, Mormugao, Paradip, Tuticorin, New Mangalore and Nava Sheva .

2. (1) Frequency of meetings – A meeting of the Board other than a special meeting referred to in rule 3, shall be held atleast 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.

3. Calling of special meetings - The Chairman or in his absence the Deputy Chairman, if appointed may, whenever he things fit and shall, upon the return request of not less than three Trustees, call a special meeting of the Board.

4. Circulation of 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.

5. Discussion on items not included in the agenda - The Chairman, or in his absence, the Deputy 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 or urgency or both and cannot be held ever for the consideration of the Board at any subsequent meeting.

6. 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 the both any person chosen by the Trustees present from among themselves to preside at the meeting of the Board.

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

   (2) Minutes of the proceedings excepting such portion thereof, as the Chairman or, in his absence the Deputy Chairman, if appointed, may direct in any particular case shall also be opened 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.

8. Adjournment of meeting – 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 before the date of meeting.

Note: The Principal Rules were published in the Gazette of India as GSR 725, dated 13.7.1981 and amended vide GSR 819 (E) dated 28.7.1988.