Chapter II ESTABLISHMENT OF KERALA MARITIME BOARD

Establishment of Kerala Maritime Board.—(1) As soon as may be after the commencement of this Act, the Government may, by notification, establish a Board by name the Kerala Maritime Board.

1. (2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and may by the said name sue and be sued.
2. (3) The head office of the Board shall be at Kochi.
3. (4) The Board shall consist of the following members, namely:—
   • (i) The Chairman to be nominated by the State Government, who shall be a person having experience in shipping and maritime law.
   • (ii) Vice Chairman to be nominated and appointed by the State Government and shall be a person who is or has been an officer of the All India Service not below the rank of Principal Secretary to the Government of Kerala.
   • (iii) Secretary to Government, Fisheries and Ports Department .. Member (Ex-officio)
   • (iv) Secretary to Government, Finance Department .. Member (Ex-officio)
   • (v) Law Secretary to Government, Law Department .. Member (Ex-officio)
   • (vi) One representative from the Indian Navy who is in charge of Kerala coast .. Member (Ex-officio)
   • (vii) One representative from the Indian Coast Guard in charge of Kerala coasts and coastal sea .. Member (Ex-officio)
   • (viii) Chief Executive Officer, Vizhinjam International Seaport Limited .. Member (Ex-officio)
   • (ix) Four Members nominated by the State Government .. Members
4. (5) The Maximum term of office of the nominated Chairman, Vice Chairman, members shall be five years.

Absence of Chairman.—If the Chairman is absent or on leave, the Vice Chairman and in the absence of both the Chairman and the Vice Chairman, such person as the Government may appoint, shall act as the Chairman.

Meeting of the Board.—(1) The Board shall hold meetings at such times and places and shall subject to the provisions of sub-sections (2),

1. (3) and (4), follow such procedure in regard to the transaction of business at its meetings as provided by regulations.
2. (2) The Chairman and in his absence the Vice Chairman and in the absence of both the Chairman and the Vice Chairman, any person chosen by the members present from amongst themselves, shall preside at the meeting of the Board.
3. (3) All questions at a meeting of the Board shall be decided by a majority of votes of the members present and voting and, in the case of equality of votes, the person presiding shall have a second or casting vote.
4. (4) The number of members necessary to constitute a quorum at a meeting shall be such as may be provided in the regulations and no business shall be transacted at any meeting unless the members constituting the quorum are present throughout such meeting.

Committees of the Board.—(1) The Board may, from time to time, constitute from amongst its members one or more Committees, consisting of such numbers 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.

1. (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 by regulations.

Defects in appointment not to invalidate acts, etc.—No act or proceeding of the Board or of any of its Committees shall be invalid merely by reason of,—

1. (a) any vacancy therein or any defect in the constitution thereof; or
2. (b) any disqualification of or any defect in the appointment of, a person as member thereof; or
3. (c) any irregularity in its procedure not affecting the merits of the act or proceedings.

Delegation of powers.—The Board may, with the previous approval of the 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.

Duties of the Chairman, the Vice Chairman and the Chief Executive Officer.—(1) It shall be the duty of the Chairman, the Vice Chairman and the Chief Executive Officer, to attend every meeting of the Board unless prevented by sickness or other reasonable cause.

1. (2) The Chief Executive Officer shall, as soon as possible, but not later than fifteen days of each meeting of the Board, transmit to the Government and to all members of the Board a copy of the minutes of such meeting and shall furnish to the Government such reports, returns, documents or other information as it may, from time to time, call for.
2. (3) The Chief Executive Officer 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.