Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT MARITIME BOARD (PROCEDURE FOR MEETINGS OF THE BOARD AND ITS COMMITTEES) REGULATIONS, 1982 CONTENTS CHAPTER 1 :- PRELIMINARY 1. Short title 2. Definitions CHAPTER 2 :- MEETINGS OF THE BOARD 3. Date, time and place of meetings 4. Special Meeting 5. Notice of Meeting 6. Mode of delivery of notice 7. Agenda of the Meeting 8. Presiding Authority of meeting 9. Quorum 10. Adjournment of Meeting 11. Order of business at a meeting 1 2 . Ordinary business to be transaction according to agenda. Except with the permission of Presiding Authority 13. Conduct of members during meeting 14. Moving of Resolutions 15. Resolutions to be voted on conclusion of debate 16. Manner of taking votes 17. Procedure for leaving meeting 18. Recording of signing of minutes of a Meeting 19. Confirmation of minutes of previous meeting 20. Corrections of errors in the minutes CHAPTER 3 :- MEETINGS OF COMMITTEES 21. Chairman of Committee and notice of meetings of Committees 22. Manner of service of Notice 23. All members to be present at meeting 24. Rules of procedure 25. Record 26. Proceedings of meeting to be signed 27. Maintenance of record of proceeding 28. Proceedings to be placed before the Board of the committee and Government 29. Date, time and place of the meetings GUJARAT MARITIME BOARD (PROCEDURE FOR MEETINGS OF THE BOARD AND ITS COMMITTEES) REGULATIONS, 1982 In exercise of the powers conferred by Section 113 read with subsection (1) of section 110 of the Gujarat Maritime Board Act, 1981 (Gujarat 30 of 1981), the Government of Gujarat hereby makes the following Regulations, namely:- CHAPTER 1 PRELIMINARY 1. Short title :- These regulations may be called the Gujarat Maritime Board (Procedure for meetings of the Board and its committees) Regulations, 1982. 2. Definitions :- (1) In these regulations, unless the context otherwise requires:- (a) the "Act" means the Gujarat Maritime Board Act, 1981; (b) "clear days" means days exclusive of the day of issue of a notice of intimation and of the day of meeting: (c) "resolutions" means a proposal made to evoke action on the part of the Board and it includes an amendment of resolution; (d) "section" means a section of the Act; (e) "Chief Executive Officer" means the Chief Executive Officer appointed under section 17; (f) "presiding authority" means the person presiding over the meeting of the Board; (2) The words and expressions used but not defined in these regulations shall have the meaning assigned to them in the Act. CHAPTER 2 MEETINGS OF THE BOARD 3. Date, time and place of meetings :- T h e Board shall ordinarily meet once in a month or whenever necessary as may be decided by the Board. The Board shall meet on such date, time and at the head quarter of the Board or at such other place as may be fixed by the Chairman or Vice-Chairman with the approval of the Chairman or as may be fixed in the previous meetings of the Board. 4. Special Meeting :- The Chairman may, if he thinks fit and shall, on receipt of a written requisition from the majority of the members, call a special meeting and fix the date, time and place for the special meeting. 5. Notice of Meeting :- (1) The Chief Executive Officer, shall give at least ten clear days' notice of every ordinary meeting to all the members stating the date, time and place of and the business to be transacted at such meeting. The period of notice may be waived if the date, time and place of ensuing meeting has already been fixed at the previous meeting or if the Chairman considers it necessary to hold a meeting for the transaction of any emergent business. In case of special meetings, five clear days' notice shall be given to all the members. (2) Non-receipt of notice of meeting of any member shall not by reason of such omission. invalidate the proceedings of or any resolution passed at such meeting. 6. Mode of delivery of notice :- Every notice of the meeting, when date is not fixed at the previous meetings, shall be sent to the members by ordinary post under certificate of posting or by hand delivery. 7. Agenda of the Meeting :- (1) A copy of the agenda (with notes, if any) shall be circulated to all members of the Board, before the date fixed for the meeting, except where a meeting has been called by the Chairman for the transaction of emergent business. (2) The papers connected with the items of agenda shall be made available is required at the time of meeting. (3) notwithstanding anything contained in sub-regulation (1) any matter not included in the agenda of the meeting of the Board, on which decision of the Board is urgently required, may with the approval of the Chairman be placed before the Board at such meeting and the Board may consider such matter. (4) Any member desiring to ask any information relating to any of the items of the agenda of the meeting or any other point concerning the affairs of the Board, shall give adequate notice to enable the Chief Executive Officer, to collect the necessary information. 8. Presiding Authority of meeting :- Where a member other than the Chairman or Vice-Chairman is presiding at the meeting and if the Chairman or Vice-chairman attends at any time during the course of such meeting, the member so presiding over the meeting, shall vacate the chair and the meeting shall continue under the Chairmanship of the Chairman, or as the case may be, the Vice- Chairman. 9. Quorum :- (1) The quorum necessary for the transaction of the business at a meeting of the Board shall be one half of the total number of the members of the Board including the Chairman. (2) If at any time during the course of a meeting it is brought to the notice of the Chairman or Presiding Authority that the number of members present inclusive of the presiding authority falls short of the number required for quorum, the Presiding Authority shall. if there be no quorum after waiting for a period of not less than thirty minutes adjourn the meeting to some other day, fixing such time and place as he thinks convenient and the business which remains undisposed of at such meeting shall be disposed of at the adjourned meeting or at ny subsequent adjournment there of even if there be quorum there at or not: Provided that no business shall be transacted at any adjourned meeting other than that left undisposed or at the previous meeting. 10. Adjournment of Meeting :- (1) If within thirty minutes from the time appointed for a meeting there be no quorum, the meeting shall if called upon the requisition of members, be dissolved and in any other case unless all the members present agree to wait longer, the Presiding Authority shall adjourn the meeting to such hour on the same day or some other day as he may reasonably fix and the business which would have been brought before the original meeting had there been quorum thereat shall be brought the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournment thereof: Provided that no business shall be transacted at any adjourned meeting other than that left undisposed of at the previous meeting. (2) A meeting may with the consent of the majority of members present be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed at the previous meeting. The date, time and place of the adjourned meeting shall be announced at the meeting before it is adjourned and no separate notice shall be necessary. 11. Order of business at a meeting :- The items of business at a meeting of the Board shall generally be shown in the following orders, names:- (i) Confirmation of the minutes of the previous meeting. (ii) Reports of action taken on the decision at the previous meeting: (iii) Matters relating to urgent official business brought forward by the Chairman or Vice-Chairman. (iv) Any resolution regarding charge of agenda. (v) Resolution. (vl) Statement of receipts and expenditure. (vii) Progress Report. (viii) Items such as budget, plans, programmes and audit reports. (ix) Any matter which the State Government or any other officer authorised by the State Government in this behalf may require the Board to consider; (x) Any other matter which may be brought up at the meeting with the permission of the Chairman or Presiding Authority. 12. Ordinary business to be transaction according to agenda. Except with the permission of Presiding Authority :- (a) No business which is not entered in the Agenda, shall be transacted at any meeting. (b) The business to be transacted at any meeting shall be taken up in the order in which it is entered in the Agenda: Provided that in granting permission for priority for transacting any business, the decision of presiding authority shall be final. 13. Conduct of members during meeting :- (1) A member who desires to make any observation on any matter before the meeting, shall if called upon by the Presiding Authority, address his remark to the Presiding Authority. (2) A member shall confine his speech strictly to the question before the meeting and shall cease to make remarks which are held by the Chairman to be irrelevant or offensive. 14. Moving of Resolutions :- (1) A member who wishes to move any resolution, shall send a notice of such resolution together with a brief covering note setting out therein the reasons in support of Resolution to the Chief Executive Officer, at least ten days in advance of the meeting, so as to enable the Chief Executive Officer to Include the resolution in the agenda: Provided that the Chairman may at his discretion, allow such resolution to be moved in a meeting though the notice of the resolution is not received in time for inclusion in the Agenda. (2) Any resolution on which the decision of the Board is urgently required may be circulated to the members and if it is approved by majority of members of the Board it shall be deemed to have passed as a resolution at a meeting of the Board duly convened. Such decision shall be placed before the next meeting of the Board for ratification. 15. Resolutions to be voted on conclusion of debate :- (l) The Presiding Authority may on the conclusion of a debate on a resolution or at any time when the Presiding Authority is satisfied that the resolution has been sufficiently discussed, put the same to the vote of the meeting. Against all resolution passed at a meeting, a remark shall be made in the minutes of the meeting as 'passed by majority' or as 'passed unanimously' as the case may be. (2) (i) When there are one or more amendments to a resolution, the Presiding Authority shall first put to vote the amendment or amendments one by one. (ii) If all amendments are lost, the Chairman or the Presiding Authority shall put the Resolution to vote. (iii) If any amendment or amendments are carried, the Presiding Authority shall put to vote the resolution incorporating the amendment or amendments which have been carried together. (iv) The Presiding Authority may group together the amendments which are substantially the same. (3) The resolution with or without an amendment or amendments as finally carried under sub-regulation (2) shall be considered to be the decision of the Board. 16. Manner of taking votes :- (1)The votes shall be taken by raising of hands but if the majority of members present so decide, the votes shall be taken by ballot. (2) Any member present at a meeting may refrain from voting if he so chooses. (3) Every question to be voted shall be first put to vote for ascertaining the number of members who are in favour of the question and subsequently for ascertaining the numbers of members who are against the question. 17. Procedure for leaving meeting :- A member who wishes to leave the meeting before its closure shall, immediately before leaving intimate his intention to the Chairman or the Presiding Authority. 18. Recording of signing of minutes of a Meeting :- (a) The decision reached in the meeting shall be recorded and compiled with by the Chief Executive Officer in an appropriate manner. (b) The Chief Executive Officer shall keep and maintain a minute book which shall contain the names of the members and Officers of the Board present at a meeting, the minutes duly signed by the Presiding Authority of such meeting, and confirmed by the Board. Each page of the minute book complied in the register shall be initiated or signed by the Chief Executive Officer in a top corner of each page after it is passed. A copy of the approved minutes shall be sent to the Chairman and all other members and Government and any other concerned authority which the Chief Executive Officer may think fit, within seven days after its approval. The minutes book shall be open to inspection at all reasonable time by any member of the Board and the authorised representative of the State Government. The minute book shall be kept In the safe custody of the Executive Officer. (c) No decision of the Board shall be modified or canceled within three months after passing thereof except by decision of two thirds of the number of members present. 19. Confirmation of minutes of previous meeting :- The minutes of the proceedings of the preceding meeting previously circulated shall be taken as read unless the majority of the members present request that such minutes be read before it is confirmed by the Board. 20. Corrections of errors in the minutes :- If any member present draws the attention of the presiding authority of the previous meetings to any portion of the minutes of t h e proceedings of the previous meeting as being erroneously entered in the minutes, such amendment as such presiding authority deems proper shall be made before the minutes are confirmed by the Board. CHAPTER 3 MEETINGS OF COMMITTEES 21. Chairman of Committee and notice of meetings of Committees :- The Chairman of a Committee appointed by the Boards shall be the convenor. Three clear days notice of an ordinary meeting and one day's notice of a special meetings shall be given. 22. Manner of service of Notice :- The manner of service of notice of meeting of the committee shall be the same as that for the meeting of the Board. 23. All members to be present at meeting :- No business shall be transacted at any meeting of the committee, unless all members of the committee are present. 24. Rules of procedure :- The procedure for the meeting of the Board shall generally apply mutatis mutandis to the meetings of committees. 25. Record :- A written record of the proceedings of every meeting of the Committee shall be kept and maintained by the Chief Executive Officer. 26. Proceedings of meeting to be signed :- All the members of the committee shall affix their signature to the record of the proceedings of the meetings of the committee. 27. Maintenance of record of proceeding :- The Chief Executive Officer shall maintain the record of proceedings of each meeting. 28. Proceedings to be placed before the Board of the committee and Government :- The proceedings of every meeting of the committee shall be placed before the Board at its next meeting and also to the Government thereafter. 29. Date, time and place of the meetings :- The meetings of the Committee shall normally be held at the office of the Board unless the members of the Committee unanimously .decides to meet elsewhere. The committee shall meet on such date and at such time as may be unanimously decided by the members of the Committee.