Chapter III CONSTITUTION OF TRUCK TERMINAL AUTHORITY

1. (1) The Authority shall consist of a Chairman, a Chief Executive Officer and seven other members-all appointed by the State Government.
2. (2) The Metropolitan Commissioner shall be the ex-officio Chairman of the Authority in the Bombay Metropolitan Region. If similar authorities are established outside the Bombay Metropolitan Region, the concerned Divisional Commissioner shall be the ex-officio Chairman. The State Government shall appoint a full-time Chief Executive Officer. The Chief Executive Officer shall be a person who, in the opinion of the State Government, has administrative and management experience necessary for conducting and managing the affairs of the Authority under this Act. The following shall be the other seven members, namely,-
   • (a) four official members who, in the opinion of the State Government, have special knowledge of, or practical experience in, municipal or public administration, town and country planning, public transport, traffic control or finance;
   • (b) three non-official members of whom one shall be a representative of the person engaged in the business of collecting, forwarding and distributing goods carried by goods carriages having offices in the control area.
3. (3) The names of the Chairman, Chief Executive Officer and the designations or as the case may be, names of other members appointed under this section shall be published in the Official Gazette, and upon such publication, the Authority shall be deemed to be duly constituted.

1. (1) The term of office of every non-official members shall subject, to the provisions of this Act and unless terminated earlier by the State Government for any reason whatsoever, ordinarily be for three years from the date of publication of his appointment in the Official Gazette.
2. (2) Where a person becomes or is appointed as a member of the Authority by virtue of holding any office of being a member of the Parliament, State Legislature, any local authority, association or body, whether incorporated or not he shall cease to be a member of the Authority as soon as he ceases to be the holder of that office or ceases to be such member, as the case may be.

1. (1) The remuneration and other conditions of service of the Chief Executive Officer shall be such as the State Government may, by order, from time to time, determine.
2. (2) Every non-official member shall receive such allowances for the purpose of meeting personal expenditure incurred in attending the meetings of the Authority or for attending to any other business of the Authority as such member, as the State Government may, by order, from time to time, determine.
3. (3) The remuneration of the Chief Executive Officer and the allowances to the non-official members shall be paid from the Truck Terminal Fund.
4. (4) Notwithstanding anything contained in this Act, if a member of Parliament or State Legislature is appointed as a member of the Authority, the remuneration and allowances payable to him,-
   • (a) if he is member of the Parliament, shall not exceed the compensatory allowances as defined in the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959);
   • (b) if he is member of the State Legislature, shall not exceed the compensatory allowances permissible to him under entry 11 of the Maharashtra Legislature Members (Removal of Disqualifications) Act (Bom. LII of 1956).

Any non-official member may, at any time, resign his office by writing under his hand addressed to the State Government, and upon the acceptance thereof, the office of the member shall become vacant.

If any member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties as a member or is absent on leave or otherwise, not involving the vacation of his appointment, the State Government may, appoint another person to officiate for him and carry out his functions under this Act or any rules or regulations made thereunder.

1. (1) Subject to the provisions of sub-section (2), a person shall be disqualified for being appointed or continuing as the member of the Authority, if he,-
   • (a) holds any office of profit under the Authority;
   • (b) is of unsound mind, and stands so declared by a competent court;
   • (c) is an uncertificated bankrupt or an undischarged insolvent;
   • (d) has directly or indirectly by himself or by any partner, any share or interest in any contract or employment with, by or on behalf of, the Authority;
   • (e) is a director, secretary, manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with by or on behalf of the Authority; or
   • (f) has been or is convicted of any offence involving moral turpitude.
2. (2) A person shall not, however, be disqualified under clause (d) or (e) of sub-section (1) or be deemed to have the share or interest-
   • (a) In any contract or employment within the meaning of these clauses, by reason only of his, or the incorporated company of which he is a director, secretary, manager or other salaried officer, having a share or interest in any newspaper in which any advertisement relating to the affairs of the Authority is inserted;
   • (b) Any incorporated company which has any share or interest in any contract or employment with, by or on behalf of, the Authority, by reason only of his being a shareholder of such company: Provided that, such person discloses to the State Government, the nature and extent of the shares held by him.

1. (1) The State Government may, by notification in the Official Gazette, remove from office any non-official member who,-
   • (a) is, or has become, subject to any of the disqualifications mentioned in section 14; or
   • (b) in the opinion of the State Government, has been guilty of any misconduct whether before or after the appointment or neglects or has so abused his position as to render his continuance as member detrimental to the interest of the Authority or of the general public, or is otherwise unfit to continue as a member; or
   • (c) is absent without permission of the Authority for two consecutive meetings of the Authority: Provided that, no person shall be so removed from office unless he has been given an opportunity to show cause against his removal.
2. (2) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act, the non-official members shall hold office during the pleasure of the State Government; and the State Government, if it appears to it to be necessary or expedient so to do in the public interest, may, by order, remove all or any of them from office at any time.

1. (1) In the event of a vacancy in the office of any member, the vacancy may be filed by the State Government, and the person so appointed shall hold office so long only as the member in whose place he is appointed would have held office.
2. (2) A vacancy of a member shall be filled as early as practicable: Provided that, during any such vacancy, the continuing members may act as if no vacancy had occurred.

No disqualification of, or defect in, the appointment or continuation of any person acting as a member of the Authority shall be deemed to vitiate any act or proceedings of the Authority, if such act or proceeding is otherwise in accordance with the provisions of this Act.

1. (1) The Authority shall meet at such times, at least once in two months and at such places as the Chairman may determine.
2. (2) The Chairman of or in his absence the Chief Executive officer and in the absent of both the Chairman and Chief Executive Officer, any other member chosen by the members present from amongst themselves, shall preside over a meeting of the Authority.
3. (3) All questions at a meeting of the Authority shall be decided by a majority of votes of the members present and voting; and in the case of an equality of votes, the person presiding shall have and exercise a second or casting vote.
4. (4) Five members shall form a quorum to constitute a meeting of the Authority.
5. (5) Minutes shall be kept of the names of the members present and of others who attend the meeting of the Authority under the provisions of this Act and of the proceedings of each meeting, in a minute book to be kept for the purpose. The minutes shall be signed at the next meeting, after confirmation of such minutes shall be open to inspection by any member during office hours of the Authority.
6. (6) Subject to the forgoing provisions, the Authority may observe such rules of procedure in regard to the transaction of its business as it may deem proper and expedient.

1. (1) The Authority may associate with itself, any person whose assistance or advice it may desire for carrying into effect any of the provisions of this Act: Provided that, the number of persons so associated shall not be more than three.
2. (2) A person associated with Authority under sub-section (1) for any purpose shall have the right to take part in the deliberations of the Authority relevant to that purpose, but shall not have the right to vote.
3. (3) The State Government may, by order, depute its representatives to attend any meeting of the Authority and to take part in the deliberations of the Authority on such items or subjects as the State Government may, specify but such representatives shall not have the right to vote.

The Authority may, from time to time, constitute committee or committees out of its members consisting of such number of them as it may think proper and may delegate to such committee such powers of the Authority as it may deem fit for carrying out the purposes of this Act.