Chapter II ESTABLISHMENT OF GUJARAT MARITIME BOARD

(1) As soon as may be after the commencement of this Act, the State Government may, by notification in the Official Gazette, establish a Board to be called the Gujarat Maritime Board. (2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by the said name sue and be sued. (3) The head office of the Board shall be at such place as the State Government may, by notification in the Official Gazette, direct. (4) The Board shall consist of such number of members, not being less than five and not more than twelve, who shall be appointed by the State Government as follows, namely:— (a) three members appointed by virtue of their office amongst officers of the State Government, of whom— (i) one shall be a representative of the department in-charge of the administration of minor ports in the State, (ii) one shall be the Commissioner of Fisheries, and (iii) one shall be a representative of the Finance Department; (b) the other members appointed from amongst the persons who are, in the opinion of the State Government, having expertise or experience in or capable of representing any one or more of the interests of shipping, navigation, ports, sailing vesseles, fisheries, trade, commerce, finance, industry, workers of minor ports and such other interests, as in the opinion of the State Government, ought to be represented on the Board. (5) The Chief Executive Officer of the Board appointed as such under section 17 shall be an ex-officio member of the Board and be shall also be its Vice-chairman. (6) The State Government shall appoint one of the members appointed under sub section (4) to be the Chairman of the Board.

A person shall be disqualified for being appointed, or for continuing as a member of the Board, if he— (a) has been removed or dismissed from the service of Government or of local authority or of a Corporation owned or Controlled by Government; (b) has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; or (c) is an undischarged insolvent; or (d) has directly or indirectly any share or interest in any work done by order of the Board or in any contract or employment with, by or on behalf of the Board: Provided that no person shall be deemed to have share or interest in such work, contract or employment by reason only of his— (i) having a share in any company or firm which may contract with or be employed by or on behalf of the Board; or (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board may be inserted; or (iii) being interested in any loan of money to the Board; or (iv) having a share or interest in any lease, sale, exchang, or purchase of immovable property or any agreement for the same; or (v) having a share or interest in any licence by the Board or right by agreement or otherwise with the Board to the sole or preferential use of any premises or property belonginto the Board; or (vi) having a share or interest in the occasional sale to the Board to a value not execeeding Rs. 10,000 in any one financial year, of any article in which he trades.

(1) The Chairman shall hold office during the pleasure of the State Government. (2) Subject to the provisions of this Act a member of the Board, other than the members appointed under clause (a) of sub-section (4) of section 3 and the ex-officio members referred to in sub-section (5) of that section shall hold office during the plea sure of the Government.

(1) The State Government shall remove a member of the Board if he— (a) becomes subject to any disqualification mentioned in section 4; or (b) refuses to act or becomes incapable of acting; or (c) has, in the opinion of the State Government, become incapable of representing the interests by virtue of which he was appointed; or (d) is, without the permission of the Board previously obtained, absent from six consecutive meetings of the Board; or (e) is absent from the meetings of the Board for a period exceeding six consecutive months; (f) acts in contravention of the provisions of section 13. (2) The Chairman may resign from his office by tendering his resignation in writing to the State Government, but the resignation shall not take effect until it is accepted by the State Government. (3) A member of the Board, other than the ex-officio member and the members appointed under clause (a) of sub-section (4) of section 3 may resign from his office by tendering his resignation in writing to the Chairman who shall forward the same to the State Government, but resignation shall not take effect until it is accepted by the Suite Government.

Any person ceasing to be a member shall, disqualified under section 4, be eligible for reappointment.

(1) Any vacancy in office of the Chairman shall be filled, as soon as may be, in the same manner as provided in sub-section (6) of section 3. (2) Any vacancy in the office of a member of the Board other than that of the

If the Chairman is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise, in circumstances not involving the vacation of his appointment, or is sent on deputation outside India for any of the purposes of this Act. the Vice-Chairman, and in the absence of both the Chairman as well as the Vice Chairman, such persion, as the Slate Government may appoint, shall act as the Chairman: Provided that the Chairman while on deputation outside India may, if the State Government by order so directs and subject to such conditions and restrictions as may be specified in the order, exercise such of the power and perform such of the duties conferred or imposed on the Chairman by or under this Act as he may deem necessary, and the Chairman while exercising such powers and performing such duties shall be deemed to be a member of the Board notwithstanding anything to the contrary contained in this Act.

(1) The Board shall hold meetings at such times and places, and shall subject to the provisions of sub-sections (2), (3) and (4), follow such procedure in regard to the transaction of business at its meetings as may be provided in the regulations. (2) The Chairman, and in his absence the Vice-Chairman, and in the absence of both the Chairman as well as Vice-Chairman, any person chosen by the members present from amongst themselves, shall preside at meetings of the Board. (3) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and, in the case of any equality of votes, the person presiding shall have a second or casting vote. (4) The number of members necessary to constitute a quorum at a meeting shall be such as may be provided in the regulations.

(1) The Board may from time to time, constitute from amongst its members one or more committees each consisting of such number as the Board may consider necessary, for the purpose of discharging such of its duties and functions as may be delegated to such committee or committees by the Board. (2) A committee constituted under sub-section (1) shall meet at such time and at such place and shall follow such procedure in regard to the transaction of business at its meetings (including the quorum) as may be provided in the regulations.

The members shall be paid by the Board such fees and allowances for attending meetings of the Board or of any of its committees and for attending any work of the Board as may be provided in the rules: Provided that, (a) no fees shall be payable to the Chairman or any other member who is a member of Parliament or State Legislature or a servant of the State Government or the Board; (b) any allowances payable to a member who is a Member of Parliament or Suite Legislature shall not exceed the compensatory allowance as defined in clause (a) of section 2 of the Parliament (Prevention of Disqualification) Act, 1959. or as the case may be, in the explanation in entry 11 in the Schedule to the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960.

A member of the Board or of a Committee thereof, who— (i) has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the Board or a Committee thereof, or (ii) is interested professionally on behalf of a client or as agent for any person other than the Government or an undertaking owned or controlled by the Government or a local authority or a trade union registered under the Trade Unions Act, 1926 or member of an association formed for the purpose of promoting the interests or welfare of any class of employees of the Board shall, as soon as possible alter relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minutes of the Board or, as the case may be, the committee, and the member shall not take part in any deliberation or decision of the Board or the committee with respect to that matter.

No act or proceeding of the Board or of any its committees shall be invalid merely by reason of,- (a) any vacancy therein or any defect in the constitution thereof; (b) any disqualification of or any defect in the appointment of, a person acting as a member thereof; or (c) any member having acted or taken part in any proceedings in contravention of section 13; (d) any irregularity in its procedure not affecting merits of the case.

The Board may, with the approval of the State Government, direct that such of the powers and duties conferred or imposed upon the Board by or under this Act as may be specified in such direction, may also be exercised or performed by the Chief Executive Officer subject to such conditions and restrictions as may be specified in such direction: Provided that the Chief Executive Officer shall execise the powers and perform the duties specified in the direction subject to the supervision and the control of the Board.

(1) It shall be the duty of the Chairman and the Vice-Chairman to attend every meeting of the Board unless prevented by sickness or other reasonable cause. (2) The Chairman shall, as soon as possible, transmit to the State Government a copy of the minutes of every meeting of the Board and shall furnish to that Government such reports, returns, documents or other information as it may, from time to time call for. (3) The Chairman shall exercise supervision and control over the acts of all employees of the Board in the matters of executive administration and in matters concerning the accounts and records of the Board.