(1) As soon as may be after the commencement of this Act, the State Government may, by notification in the Official Gazette, establish a Board to be called the West Bengal Maritime Board.
(2) The Board shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and may, by the said name, sue and be sued.
(3) The head office of the Board shall be at such place as the State Government may, by notification in the Official Gazette, fix.
(4) The Board shall consist of not less than twelve and not more than sixteen members, ten of whom shall be appointed by the State Government, in the following manner:—
(a) 3 members shall be appointed by virtue of their office from amongst the officers of the State Government, of whom one shall be a representative of the Department charged with the administration of minor ports in West Bengal, and two others shall be—
(i) a representative of the Finance Department, and
(ii) a representative of the Commerce and Industries Department,
(b) one member shall be appointed from amongst the persons who, in the opinion of the State Government, have experience of, and have shown capacity in, matters relating to ports, shipping, maritime affairs or commerce or industry or finance or in the administration of such matters,
(c) one member shall be appointed from amongst the persons who possess academic qualifications in the subject of engineering and have, in the opinion of the State Government, wide experience in matters relating to harbour works, to be appointed by the State Government,
(d) one member shall be appointed from amongst the persons who possess academic qualifications in navigation such as First Class Ministry of Transport ticket holder (diesel or steam) and have, in the opinion of the State Government, wide experience of matters relating to marine plants, particularly with reference to dredging, or from amongst the persons who are experienced nautical officers, 296 The West Bengal Maritime Board Act, 2000.
XXX of 2000.]
(Chapter II.--Establishment of West Bengal Maritime Board—Section 3.)
(e) one member shall be from amongst the persons who are chartered accountants or who possess high academic qualifications in accountancy and have, in the opinion of the State Government, sufficient experience of matters relating to the accounts pertaining to commerce, industry, ports or shipping, (0 one member shall be appointed from amongst the persons who, in the opinion Of the State Government, are capable of representing the interests of trade, commerce (including export and import), and industry, one member shall be appointed from amongst the persons who, in the opinion of the State Government, are capable of representing the interests of shipping,
(h) one member shall be from amongst the persons who, in the opinion of the State Government, are capable of representing the interests of the workers of minor ports, one member to be nominated by the Government of India in the Ministry charged with the administration of ports or surface transport,
(j) one member to be nominated by the Calcutta Port Trust representing the interests of the Calcutta Port,
(k) where one or more ports are established and managed and operated by any person or persons, other than the Board, in pursuance of the provisions of this Act, one member to be nominated by the Board of Management of such port or jointly by the Boards of Management of such ports, as the case may be:
Provided that the State Government may itself nominate such member, if the Boards of Management as aforesaid fail to nominate a member jointly, one member shall be a person who, in the opinion of the State Government, has wide experience and ability in administration and management under the State Government or the Government of any other State or the Central Government.
(5) The Chief Executive Officer of the Board appointed under subsection (1) of section 17 shall be an ex officio member of the Board and shall also be the Vice-Chairman of the Board.
(6) The Board shall have the power to co-opt associate members, not exceeding two, representing the interests of minor ports, if there are more than one such port in West Bengal.
(g)
(i) 297 The West Bengal Maritime Board Act, 2000.
[West Ben. Act Disqualifications of members.
(Chapter IL—Establishment of West Bengal Maritime Board.—Section 4.)
(7) The State Government shall appoint one of the members referred to in sub-section (4) to be the Chairman of the Board.
4. A person shall be disqualified for being appointed, or for continuing, as a member of the Board, if he—
(a) has been removed or dismissed from the service of Government or of any local authority or of any corporation owned or controlled by Government or of any company in the private or joint sector, or
(b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude, or
(c) is an un-discharged insolvent, or
(d) has attained the age of seventy years, or
(e) has directly or indirectly any share or interest in any work done by order of the Board or in any work, contract, or employment, with, by or on behalf of the Board:
Provided that no person shall be deemed to have a share or interest in such work, contract or employment by reason only of his—
(i) having a share in any company or firm which may contract with, or may be employed by or on behalf of, the Board, or
(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board may be published, or
(iii) being interested in any loan of money to the Board, or
(iv) having a share or interest in any lease or transfer of immovable property of the Board, or
(v) having a share or interest in any licence by, or right by agreement or otherwise with, the Board to the sole or perennial use of any premises or property belonging to the Board, or
(vi) having a share or interest in the occasional sale to the Board, in any financial year, of a value, not exceeding ten thousand rupees, of any article in which he trades.
298 The West Bengal Maritime Board Act, 2000.
XXX of 2000.]
(Chapter IL—Establishment of West Bengal Maritime Board—Sections 5-8.)