THE MAJOR PORT TRUSTS ACT, 1963 [Act, No. 38 of 1963] [16th October, 1963] PREAMBLE Act Act to make provision for the constitution of port authorities for certain major ports in India and to vest the administration, control and management of such ports in such authorities and for matters connected therewith. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:--
View Complete Act List Judgments citing this sectionEvery Board constituted under this Act shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold or dispose of property and may by the name by which it is constituted, sue or be sued.
View Complete Act List Judgments citing this sectionAny person ceasing to be Trustee shall, unless disqualified under section 6, be eligible for reappointment or re-election.
View Complete Act List Judgments citing this sectionWhere a Trustee is appointed under Section 11 or under sub-section (2) of Section 12 or elected in pursuance of a direction issued under sub-section (1) of Section 12, the term of office of such Trustee shall commence on the date on which his appointment or election, as the case may be, is notified in the Official Gazette and shall expire on the date on which his term of office would have expired if his appointment or election had been made within the period specified under Section It), or, as the case may be, under sub-section (4) of Section 3.
View Complete Act List Judgments citing this section(1) A Board shall meet at such times and places and shall, subject to the provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by rules made under, this Act. (2) The Chairman or, in his absence, the Deputy Chairman, and in the absence of both, any person chosen by the Trustees present from among themselves, shall preside at meetings of the Board. (3) All questions at a meeting of the Board shall be decided by a majority of the votes of the Trustees present and voting and, in the case of an equality of votes, the person presiding shall have a second or casting vote. (4) No business shall be transacted at any meeting of the Board unless not less than five Trustees are present throughout such meeting.
View Complete Act List Judgments citing this section(1) A Board may, from time to time, constitute from amongst the Trustees one or more committees, each consisting of such number as the Board may consider necessary, for the purpose of discharging such of its functions as may be delegated to such committee or committees by the Board. 1[(1 A) Notwithstanding anything contained in sub-section (1) or any other provision of this Act, the Board may appoint a person who is not a Trustee to be a member of any committee constituted under that sub-section and a person so appointed shall, for the purpose of the discharge of his functions as such member, be deemed to be a Trustee.] (2) A committee constituted under this section shall meet at such times 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 provided by regulations made under this Act, ________________________ 1. Inserted by the Major Port Trusts (Amendment) Act (17 of 1982), Section 5 (31-5-1982).
View Complete Act List Judgments citing this sectionNo Trustee shall vote or take part in the discussion of any matter coming up for consideration at a meeting of the Board or any of its committees if the matter is one in which he has any direct or indirect pecuniary interest by himself or his partner, or in which he is interested professionally on behalf of a client or as agent for any person other than the Government1[or an undertaking owned or controlled by the Government] or a local authority or a trade union registered under2[the Trade Unions Act, 1926, or other than as officer or member of an association formed for the purpose of promoting the interests or welfare of any class of employees of the Board.] ________________________ 1 . Inserted by the Major Port Trusts (Amdt.) Act (29 of 1974), S. 8(i) (1-2-1975). 2 . Substituted for the words and figures "the Indian Trade Unions Act, 1926" by the Major Port Trusts (Amdt.) Act (29 of 1974), S. 8(ii).
View Complete Act List Judgments citing this sectionNo act or proceeding of a Board or of any of its committees shall be invalid merely by reason of-- (a) any vacancy therein or any defect in the constitution thereof, or (b) any defect in the election or appointment of a person as a member thereof, or (c) any Trustee having acted or taken part in any proceedings in contravention of section 19, or (d) any irregularity in its procedure not affecting merits of the case.
View Complete Act List Judgments citing this sectionA Board may make regulations, not inconsistent with this Act, to provide for any one or more of the following matters, namely:-- (a) the appointment, promotion, suspension,1[reduction in rank, compulsory retirement,] removal and dismissal of its employees; (b) their leave, leave allowances, petitions, gratuities, compassionate allowances and travelling allowances and the establishment and maintenance of a Provident Fund or any other fund for their welfare; (c) the terms and conditions of service of persons who become employees of the Board under clause (f) of sub-section (1) of section 29; (d) the time and manner in which appeals may be preferred under sub-section (2) of Section 25 and the procedure for deciding such appeals; (e) any other matter which is incidental to, or necessary for, the purpose of regulating the appointment and conditions of service of its employees. ________________________ 1. Inserted by the Major Port Trusts (Amendment) Act (17 of 1982), Section 10(31-5-1982).
View Complete Act List Judgments citing this sectionSubject to the provisions of section 34, a Board shall be competent to enter into and perform any contract necessary for the performance of its functions under this Act.
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