Chapter II CONSTITUTION OF THE AUTHORITY

(1) As soon as may be after the commencement of this Act, the State Government may, by notification constitute an authority for the whole of the State of Karnataka to develop, conserve and administer fishing harbour terminals. (2) The Authority shall be a body corporate by the name the Karnataka Fishing Harbour Terminals Authority having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property both moveable and immoveable, and to contract, and may by the said name sue and be sued. (3) The Head Office of the Authority shall be at Malpe.

The Authority shall consist of the following members namely:- (a) the Minister in charge of fisheries in the State of Karnataka shall be the Chairman; (b) the Director of Fisheries, Karnataka, ex-officio; (c) a nominee of the Ministry of Agriculture, Government of India; (d) the Director of Ports and Inland Water Transport, Government of Karnataka, ex-officio; (e) an Officer of the Finance Department not below the rank of Deputy Secretary as may be nominated by the State Government; (f) the Deputy Secretary to Government, incharge of Fisheries; (g) the Chairman, Karnataka Fisheries Development Corporation, Mangalore, ex-officio; (h) the Chairman, Dakshina Kannada District Co-operative Fish Marketing Federation, Mangalore, ex-officio; (i) the Chairman, Uttara Kannada District Fish Marketing Federation, Karwar, ex-officio; (j) a person nominated by the State Government from among the operators of deep sea fishing vessels; (k) a person nominated by the State Government from among the fish merchants; (l) a representative of a Fisher Women’s Co-operative Society, nominated by the State Government; (la) a representative of the Navy nominated by the State Government in consultation with the Central Government; (m) a person nominated by the State Government from among Scheduled Castes/Scheduled Tribes connected with the fishing interest; (n) two persons nominated by the State Government connected with fishing interest; (o) the Managing Director of the Authority shall be the Secretary of the Authority.

(1) A person shall be disqualified for being nominated as, and for being, a member:- (a) if he has been convicted and sentenced to imprisonment for an offence which, in opinion of the State Government involves moral turpitude; (b) if he is of unsound mind and is so declared by a competent court; (c) if he an undischarged insolvent; (d) if he has been removed or dismissed for the service of the Central Government or the State Government or a corporation owned or controlled by the Central Government or the State Government or from the membership of the authority; (e) if he has , directly or indirectly, by himself or his partner, any share or interest in any work done by the order of the Authority or in any contract or employment with or under or by or on behalf of the Authority; or (f) if he is employed as a legal practitioner on behalf of the Authority or accepts impalement as legal practitioner against the Authority. (2) A person shall not be disqualified under clause (e) of sub-section (1) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause, by reason only of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Authority if inserted.

(1) notwithstanding anything contained in section 7, every nominated member shall hold office during the pleasure of the State Government and their condition of service shall be such as may be prescribed. (2) Subject to the provisions of sub-section (1) every nominated member shall hold office for three years from the date of nomination, but be shall be eligible for re-nomination. (3) Every nominated member may at time resign his office by a letter of resignation addressed to the State Government: Provided that the resignation shall not take effect until it is accepted. (4) All questions at a meeting of the Authority shall be decided by a majority of the votes of the members present and in the case of an equality of votes the Chairman or in his absence the member presiding will have a second or casting vote. (5) Quorum for a meeting shall be seven.

(1) The State Government shall remove a nominated member, if he,- (a) becomes subject to any of the disqualifications specified in section 5; or (b) refuse to or become incapable of discharging his duties; or (c) without the leave of absence from the Chairman absents himself from three consecutive Meetings of the Authority; or (d) in the opinion of the State Government he has so abused his position as to render his continuance detrimental to the interest of the Authority. (2) No order of removal of a nominated member under sub-section (1) shall be made unless such member has been given an opportunity of making his representation.

(1) Any casual vacancy caused by resignation of a member or by any other reason may be filled by the State Government by nomination and the person so nominated shall hold office for the remaining period for which the member in whose place he is nominated would have held office. (2) No act or proceeding of the Authority shall be invalidated merely by reason of any vacancy in its membership or any defect in the constitution or re-constitution of the Authority, or any irregularity in the procedure of the Authority nor affecting the merits of the case.

(1) The Authority shall meet at least once in three months ordinarily at the office of the Authority or at such other places as the Chairman may decide and shall, subject to the provisions of sub-sections (2), (3) and (4) observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by regulations. (2) The Chairman or in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Authority. (3) If any member, being an officer of the State Government is unable to attend any meeting of the Authority, he may under intimation to the Chairman, authorise his immediate subordinate officer in writing to do so.

The authority shall have the following functions, namely:- (a) to develop, conserve, regulate and control fishing harbour terminals; (b) to maintain and supervise functions of fishing harbour terminals; (c) to acquire lands and purchase equipments and machineries for fishing harbour terminals; (d) to provide for safety measure for arrival and departure of vessels and shore installations within the fishing harbour terminals; (e) to arrange quick and hygenic handling of fish within the fishing harbor terminals; (f) to execute all works including disaster restoration work; (g) to prevent unauthorised use of explosive materials within the harbor terminals; (h) to supervise harbour terminal management; (i) to promote processing and storage facilities; (j) to levy and collect fees for facilities provided by the harbour terminals; (k) to do such other functions as are necessary for efficient discharge of functions by the fishing harbour terminals; (l) to collect statistics relating to fishing vessels, fish catches, boat side prices, harvest prices, cost of export; and (m) such other functions as may be assigned to the Authority by the State Government.

(1) The State Government shall, by notification, appoint to the Authority an officer of the rank of Joint Director of Fisheries, as the Managing Director of the Authority who shall, subject to the general superintendence and control of the Authority, exercise and discharge such powers and duties as may be prescribed or delegated to him by the Authority. (2) Subject to such rules as may be prescribed, the Authority may appoint such other officers and employees as it may deem necessary for the efficient discharge of its functions. (3) The terms and conditions of service of the officer specified in sub-section (1) and employees appointed under sub-section (2) shall be such as may be prescribed. (4) The State Government may, by notification, appoint an officer not below the rank of an Assistant Director of Fisheries Department as the Chief Executive Officer for each fishing harbour terminal who shall be subordinate to the Managing Director of the Authority. His duties and functions shall be as may be prescribed.