Chapter II BOARD OF MAJOR PORT AUTHORITY

1. (1) The Central Government shall, within a period of ninety days from the date of commencement of this Act, by notification, in respect of each Major Port, constitute a Board called the Board of Major Port Authority for that Major Port which shall consist of the following Members, namely:---
   • (a) a Chairperson;
   • (b) a Deputy Chairperson;
   • (c) one Member each from the---
     • (i) concerned State Government in which the Major Port is situated;
     • (ii) Ministry of Railways;
     • (iii) Ministry of Defence; and
     • (iv) Customs, Department of Revenue;
   • (d) not less than two and not exceeding four Independent Members;
   • (e) one Member not below the rank of Director nominated by the Central Government, ex officio; and
   • (f) two Members representing the interests of the employees of the Major Port Authority: Provided that until the constitution of the Board of Major Port Authority, the Board of Trustees constituted under section 3 of the Major Port Trusts Act, 1963 (38 of 1963) shall continue to function and shall cease to exist immediately after the constitution of the Board under this Act.
2. (2) The Board of each Major Port Authority constituted under this Act shall be a permanent body having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold or dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

1. (1) The Chairperson and Deputy Chairperson of the Board shall be appointed by the Central Government on the recommendation of a Selection Committee consisting of such persons and in such manner, as may be prescribed.
2. (2) The Members of the Board as mentioned in clauses (c), (d) and (e) of sub-section (1) of section 3 shall possess such qualifications and experiences and shall be appointed by the Central Government in such manner as may be prescribed.
3. (3) The Members referred to in clause (f) of sub-section (1) of Section 3 shall be appointed by the Central Government from amongst serving employees of the Board of Major Port Authority in such manner as may be prescribed after obtaining the opinion of the trade unions, if any, composed of persons employed in the Major Port and registered under the Trade Unions Act, 1926 (16 of 1926).
4. (4) Every person nominated or appointed to the office of the Chairperson or Deputy Chairperson or Member of the Board, shall, within thirty days of his nomination or appointment, furnish to the Board his consent and a declaration that he is not disqualified or ineligible or has conflict of interest to hold such office.

1. (1) A person shall not be eligible for appointment or to continue as a Chairperson, Deputy Chairperson or Member of the Board, if---
   • (a) he has been adjudged as an insolvent;
   • (b) he has become physically or mentally incapable of acting as such Chairperson, Deputy Chairperson or Member;
   • (c) he has been convicted of an offence, involving moral turpitude;
   • (d) he holds an office of profit;
   • (e) he has made a false declaration under sub-section (4) of section 4;
   • (f) he has been removed or dismissed from the service of a Major Port Authority, Government or a body corporate owned or controlled by the Central Government or the State Government; or
   • (g) an order disqualifying him for appointment as a Chairperson, Deputy Chairperson or Member has been passed by a court or tribunal and such order is in force.
2. (2) The Chairperson, Deputy Chairperson or any other Member shall not be removed from his office except by an order of the Central Government on the ground of his proved misbehaviour or incapacity or in contravention of the provisions of section 7 after the Central Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the Central Government, come to the conclusion that the Member ought on any such ground to be removed.
3. (3) The Central Government may suspend the Chairperson, Deputy Chairperson or any other Member in respect of whom an inquiry under sub-section (2) is being initiated or pending till the Central Government has passed an order on receipt of the report of the inquiry.

1. (1) The Chairperson and Deputy Chairperson shall hold office for a term not exceeding five years from the date on which they enter upon their office or until they attain the age of superannuation, whichever is earlier.
2. (2) Subject to the provisions of this Act, a person appointed as a Member of the Board by virtue of an office under clause (c) of sub-section (1) of section 3 shall continue to be a Member of the Board so long as he continues to hold that office.
3. (3) An Independent Member shall hold office for a term of three years from the date of his appointment or up to the age of seventy years, whichever is earlier and shall be eligible for reappointment: Provided that no Independent Member shall hold office for more than two terms: Provided further that an Independent Member shall not, during the said period of three years, be appointed to or be associated with any Major Port Authority in any other capacity, either directly or indirectly.
4. (4) The Member appointed under clause (f) of sub-section (1) of section 3 shall hold office for a term of three years from the date of his appointment or until he attains the age of superannuation, whichever is earlier and shall be eligible for re-appointment: Provided that no such Member shall hold office for more than two terms.

Before appointing any person as a Chairperson, Deputy Chairperson or Member, the Central Government shall satisfy itself that the person does not have any such financial or other interests as is likely to affect prejudicially his functions as such Chairperson, Deputy Chairperson or Member: Provided that where the Chairperson, Deputy Chairperson or any Member who is not so concerned or interested at the time of occupying such office, he shall, if he becomes concerned or interested afterwards, disclose his concern or interest forthwith when he becomes so concerned or interested or at the first meeting of the Board held after he becomes so concerned or interested and resign forthwith.

The Chairperson, Deputy Chairperson and Members may, by notice in writing under their hand addressed to the Central Government, resign their office and on such resignation being accepted by that Government, shall be deemed to have vacated their office.

The Central Government shall remove the Chairperson, Deputy Chairperson or any Member, if he---

1. (a) becomes subject to any of the disqualifications mentioned in section 5; or
2. (b) has, in the opinion of the Central Government, ceased to represent the interest by virtue of which he was appointed or elected; or
3. (c) refuses to act or becomes incapable of acting; or
4. (d) is, without the previous permission of the Board absent from six consecutive ordinary meetings of the Board; or
5. (e) is absent from the meetings of the Board for a period exceeding six consecutive months; or
6. (f) acts in contravention of the provisions of this Act.

Any vacancy occurring in the office of the Chairperson, Deputy Chairperson or any other Member whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled by the Central Government by making a fresh appointment within a period of three months from the date on which such vacancy occurs and the Member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed.

The Independent Members shall be paid such honorarium as may be prescribed.

The Chairperson and in his absence, the Deputy Chairperson or such other person uthorised by the Central Government shall have powers of general superintendence and directions in the conduct of affairs of the Major Port Authority and he shall, in addition to presiding over the meetings of the Board, exercise supervision and control over the acts of all employees of the Major Port Authority in matters of executive administration and in matters concerning the accounts and records of such Board.

1. (1) The Board shall meet at such places and times, and shall follow such rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings), as may be specified by the regulations.
2. (2) If the Chairperson for any reason, is unable to attend a meeting of the Board, the Deputy Chairperson and in the absence of such Deputy Chairperson, any other Member chosen by the Members present amongst themselves at the meeting, shall preside at the meeting or any person authorised by the Central Government.
3. (3) All questions which come up before any meeting of the Board shall be—
   • (a) decided by a majority of votes by the Members present and voting, and in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a second or casting vote;
   • (b) dealt with as expeditiously as possible and the Board shall dispose of the same within a period of sixty days from the date of receipt of the application: Provided that where any such application could not be disposed of within the said period of sixty days, the Board shall record its reasons in writing for not disposing of the application within that period.

1. (1) A Board may, from time to time, from amongst its Members and any other person, constitute committees for the purpose of discharging such functions as may be delegated to such committee or committees by the Board.
2. (2) The committee or committees constituted under this section shall meet at such time and at such places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum) as may be specified by the regulations made under this Act.

The Board may, for the purpose of exercising and discharging its powers, functions and duties, by general or special order in writing, specify--

1. (a) the powers and duties conferred or imposed upon the Board by or under this Act, which may also be exercised or performed by the Chairperson; and
2. (b) the powers and duties conferred or imposed on the Chairperson by or under this Act, which may also be exercised or performed by the Deputy Chairperson or any officer or officers of the Board and the conditions and restrictions, if any, subject to which the powers and duties may be exercised and performed: Provided that any powers and duties conferred or imposed upon the Deputy Chairperson or any officer of the Board under this clause shall be exercised and performed by him subject to the supervision and control of the Chairperson.

1. (1) The Chairperson, Deputy Chairperson and other Members, on ceasing to hold office shall not, for a period of one year, accept any employment (including as consultant or otherwise) in any organisation relating to Major Port whose matter has been dealt with by such Chairperson, Deputy Chairperson or Member, as the case may be, or has been before the Board when he held office as such Chairperson, Deputy Chairperson or Member.
2. (2) Nothing in sub-section (1) shall prevent the Chairperson, Deputy Chairperson or a Member, as the case may be, to accept any employment in any organisation relating to Major Port controlled or maintained by the Central Government or the State Government.

No act or proceedings of the Board shall be invalid merely by reason of---

1. (a) any vacancy in, or any defect in the constitution of the Board; or
2. (b) any defect in the appointment of a person acting as a Member of such Board; or
3. (c) any irregularity in the procedure of the Board not affecting the merits of the case.

1. (1) The power of appointing any person to any post, whether temporary or permanent shall---
   • (a) in the case of a post---
     • (i) the incumbent of which is to be regarded as the Head of a Department; or
     • (ii) to which such incumbent is to be appointed; or
     • (iii) the maximum of the pay scale of which (exclusive or allowances) exceeds such amount as the Central Government may, by notification in the Official Gazette, fix, be exercisable by the Central Government after consultation with the Chairperson;
   • (b) in the case of any other post, be exercisable by the Chairperson or by such authority, as may be specified by the regulations: Provided that no person shall be appointed as a pilot at any port, who is not for the time being authorised by the Central Government under the provisions of the Indian Ports Act, 1908 (15 of 1908) to pilot vessels at that or any other port.
2. (2) The Central Government may, by order, specify any post the incumbent of which shall, for the purposes of this Act, be regarded as the Head of a Department.

All orders, decisions and other instruments issued by the Board shall be authenticated by the signature of the Chairperson.