Chapter II ESTABLISHMENT OF MAHARASHTRA MARITIME BOARD

1. (1) As soon as may be after the commencement of this Act, the Government may, 1by notification in the Official Gazette, establish a Board to be called "The Maharashtra Maritime Board".
2. (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.
3. (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. (4) The Board shall consist of the Chairman, the Vice-Chairman and not more than eleven other members to be appointed by the State Government, namely:- (a) Minister, Ports ex officioChairman.(b) Minister of State, Portsex officioVice- Chairman.(c) Secretary to Government, Home, Department (Transport)ex officioMember.(d) Secretary to Government, Finance Departmentex officioMember.(e) Secretary to Government, Industries Departmentex officioMember.(f)One representative from the Indian Navy to be nominated by the Central Governmentex officioMember.(g)not more than six non-official members to be appointed from amongst the persons who, in the opinion of the Government have experience of, and shown capacity in, one or more of the following fields, namely :
   • (i) ports, shipping, maritime affairs or commerce, or in the administration of such matters;
   • (ii) engineering and harbour works;
   • (iii) accounts pertaining to industry. commerce, ports or shipping;
   • (iv) navigation, particularly with reference to dredging and hydro logical survey;
   • (v) trade, commerce and industry;
   • (vi) representing the interests of workers of minor ports; andnon officialMembers.(h)Chief Executive Officer of the Board appointed under section 17.ex officioMember- Secretary.

A person shall be disqualified for being appointed or for continuing as a member of the Board, if he,-

1. (a) has been removed or dismissed from the service of Central or State Government or of local authority or of a corporation owned or controlled by that Government;
2. (b) has been convicted for an offence involving moral turpitude; or (c) is an undischarged insolvent; or
3. (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, exchange or purchase of immoveable 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 belonging to the Board; or
   • (vi) having a share or interest in the occasional sale by the Board of a value not exceeding ten thousand rupees in any one financial year of any article in which he trades.

Subject to the provisions of this Act, the non-official members of the Board shall hold office during the pleasure of the Government and in any case for a period not exceeding three years.

1. (1) The Government shall remove a member of the Board, if he,-
   • (a) is or has become 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 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. (2) A non-official member of the Board may resign from his office by tendering his resignation in writing to the Chairman who shall forward the same to the Government, but the resignation shall not take effect until it is accepted by the Government.

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

Any vacancy in the office of the non-official members of the Board shall be filled as early as possible in the like manner as if the appointment were being made for the first time under the relevant clause: Provided that, where any vacancy occurs in the office of any such non-official member within three months preceding the date on which the term of the office of such member expires under section 5, it shall not be filled.

1. (2) A member appointed under sub-section (1) shall hold office so long only as the member in whose place he has been appointed would have held office if the vacancy had not occurred.

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

1. (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 provided by the regulations.
2. (2) The Chairman, and in his absence the Vice-Chairman, and in the absence of both the Chairman as well as the Vice-Chairman, any person chosen by the members present from amongst themselves, shall preside at meetings of the Board.
3. (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 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.

1. (1) The Board may, from time to time, constitute from amongst its members one or more Committees, 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. (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.

The non-official 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 to any work of the Board as may be prescribed by rules: Provided that,-

1. (a) no fees shall be payable to a member who is a Member of Parliament or State Legislature;
2. (b) any allowances payable to a member who is a Member of Parliament or State Legislature shall not exceed the compensatory allowance as defined in clause (a) of section 2 of the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959) or as the case may be, in the Explanation to entry 11 in Schedule I to the Maharashtra Legislature Members (Removal of Disqualifications) Act (Bom. LII of 1956).

A member of the Board or of a Committee thereof, who-

1. (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
2. (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 (16 of 1926) or member of an association formed for the purpose of promoting the interest or welfare of any class of employees of the Board, shall, as soon as possible after 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 meeting 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 of its Committees shall be invalid merely by reason of,-

1. (a) any vacancy therein or any defect in the constitution thereof;
2. (b) any disqualification of or any defect in the appointment of, a person acting as a member thereof; or
3. (c) any member having acted or taken part in any proceedings in contravention of section 13;
4. (d) any irregularity in its procedure not affecting merits of the case.

The Board may, with the previous 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.

1. (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.
2. (2) The Chief Executive Officer shall, as soon as possible, transmit to the Government a copy of the minutes of every meeting of the Board and shall furnish to the Government such reports, returns, documents or other information as it may, from time to time, call for.
3. (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.