Professional Documents
Culture Documents
L -33004/98
PART III—Section 4
PUBLISHED BY AUTHORITY
10. Agenda for the Meeting (i v) A meeting shall be called to closure by the Chairman.
(i) The agenda for a meeting of the Authority shall be 15. Attendance at Meeting
approved by the Chairman and, in his/her absence, (I) Attendance at a meeting shall be registered.
by the Member nominated by him/her to act on his/ (ii) Attendance of Members shall be registered in the
her behalf. formal Attendance Register maintained for the
(ii) All administrative matters that ore required to be purpose by the Office of the Authority.
reported or ractified/approved by the Authority and (iii) Attendance of non-Members shall be separately
all tariff cases involving any kind of formal, detailed.
substantive order shall be referred to the Authority 16. Decisions in Meeting
for consideration. (i) As far as possible, decisions in meetings shall be
(iii) Any decision taken by the Chairman in emergent unanimous.
circumstances, in anticipation of the Authority's (ii) Whore such unanimity is not possible, decisions shall
approval, shall be reported for ratification to the be based on majority opinion established through
Authority in the meeting immediately following such voting.
decision.
(iii) For purposes of voting, all Members (including the
(iv) Any decision taken by the Chairman in exercise of Chairman) shall have one vote each.
powers delegated to him/her by the Authority shall
be reported for information to the Authority in its (iv) The Chairman shall not have a casting vote.
meeting immediately following such decision. 17. Minutes of Meeting
(v) The agenda for a meeting shall ordinarily be issued (i) Minutes of a meeting incorporating the decisions
at least seven days before the meeting. taken shall be recorded and approved by the
(vi) Depending upon exigencies of work, the Chairman Chairman.
shall have the discretion either to withdraw any item (ii) With the approval of the Chairman, it shall be
from the agenda or add any item at short notice circulated for comments within a week after thc
whenever necessary. meeting.
Provided it has not specifically been required by the (iii) After taking the comments into account, the
Authority to deal with the item differently. Chairman shall authorise the approved minutes to
be circulated with such modifications as may be
11. Approval by Circulation
necessary.
Approval of the authority can be obtained also by
(iv) Any such approved minutes shall invariably be
circulation of an item;
included in the agenda of the next meeting for formal
Provided that all such cases shall invariably be included approval for being taken of record;
for information in the agenda for the meeting immediately
following such circulatory consideration. proved that action to implement the decisions shall
not spend for such taking on record.
12. Quorum for a Meeting
(v) After such formal approval, the minutes shall be
Presence of any two Members or of the Chairman and pasted on the Minute Book and every page of the
any Member shall constitute the quorum for a meeting. minutes shall be authenticated with signature either
13. Presiding over Meeting by the Chairman or by any Member authorised in
this behalf by the Authority.
A meeting shall be presided over by the Chairman and,
m his/her absence, by the Member nominated by him/her to 18. Notifications of Decisions
act on his behalf; (i) Any decision taken in respect of a case or proposal
Provided that such a nominated Chairman shall not shall take effect from the date of its publication in
exercise the powers delegated by the Authority to the the Gazette of India unless otherwise stipulated in
Chairman. the decision itself.
14. Conduct of Meeting (ii) Any such decision shall be authenticated either by
the Chairman or by any Member authorised in this
(i) A meeting shall be called to order by the Chairman.
behalf by the authority.
(ii) The sequence of the agenda items for consideration
shall be decided by the Chairman. 19. Consideration of Case/Proposal
(iii) Presence of and participation in deliberations by non- (i) A case or proposal shall incurably be brought before
Members, who are invited to assist the Authority, the Authority for any formal / final / substantive
shall be approved by the Chairman. decision with reference to all the material gathered.
2186 GI/98-2
6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC 4
(ii) The Authority may delegate all or any of its powers or Members so authorised in this behalf shall apply
in respect of processing of a case or proposal to the such principles and adopt such approaches as may
Chairman and/or a Member or to the two Members. bo notified from time to time by the Authority
It shall not be necessary for all interim processes of ensuring adherence to the principles of natural
a case or proposal to be brought at every stage for justice.
the Authority's consideration;
22. Assistance to the Authority
provided it has not specifically been required by the
Authority to deal with the case or proposal The Authority may, at any time, take the assistance or
differently. any Port Trust or other institutions, consultants, experts,
20. (i) The Chairman and/or either or both Members may including a legal expert. Chartered Accountants, a Surveyor
visit any establishment, including that of an and such other technical and professional persons, as it may
Applicant, as they.may consider necessary to hold
discussions with representatives of the applicant or consider necessary on payment, if any, of reasonably fee and
otherwise, if, in the opinion of the Authority or the ask them to submit report(s) or furnish any information.
Chairman such visits and discussions may be
23. Sitting Fee for Meetings of the Authority
expedient in the interest of proper determination of
the matters under consideration, For attending a meeting of the Authority, a part-time
(ii) The Chairman may depute such of his employees to Member shall be entitled to a sitting fee at the rate notified
such places to meet such persons, as he/she may
deem appropriate, for scrutiny, examination, from time to time by the Government.
evaluation of a case/proposal and discuss matters 24. TA/DA for Chairman/Members
under consideration and collect information from For attending a meeting of the Authority or for
them. participation in any proceedings of a case or proposal, or for
21. Processing of a Case or Proposal any other work on tour on behalf of the Authority, the
(i) A consultative process shall preponderate the Chairman and Members (including part-time Members) shall
procedure adopted by the Authority to process a case be entitled to TA/DA as per the terms and conditions fixed
or proposal so as to promote the greatest participation for them by the Govornment.
of the greatest number of interested parties. 25. Nothing in these Regulations shall bar the
(ii) As part of the consultative process it may be Authority from adopting in conformity with the provisions
necessary to organise either at the Office of the of the Act, a procedure, which is at variance with any of the
Authority or at the port level hearings of a case or provisions of these Regulations, if the Authority, in view of
proposal jointly with the Port Trusts/private the special circumstances of a case/proposal or a class of cases
operators and users. Such hearings shall be and for reasons to be recorded in writing, deems it necessary
organised on behalf of the Authority by the or expedient so to deal with such a case/proposal or a class or
Chairman or a Member or Members authorised so cases/proposals,
to do. No. ADVT/III/IV/143/98]
(iii) For processing of cases, the Chairman or a Member S. SATHYAM, Chairman
Printed by the Manager,Govt. of India Press, Ring Road, Mnyapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054— 1998