Section 3:
Constitution of Board of Trustees.
(1) With effect from such date as may be specified by
notification in the Official Gazette, the Central Government shall cause to be constituted in respect of any
major port a Board of Trustees to be called the Board of Trustees of that port, which shall consist of the
following Trustees, namely:--
(a) a Chairman to be appointed by the Central Government;
1[(b) one Deputy Chairman or more, as the Central Government may deem fit to appoint;]
2[(c) not more than nineteen persons in the case of each of the ports of Bombay, Calcutta and
Madras and not more than seventeen persons in the case of any other port who shall consist of--
(i) such number of persons, as the Central Government may, from time to time, by
notification in the Official Gazette, specify, to be appointed by that Government from amongst
persons who are in its opinion capable of representing any one or more of such of the following
interests as may be specified in the notification, namely:--
(1) labour employed in the port;
(2) the Mercantile Marine Department;
(3) the Customs Department;
(4) the Government of the State in which the port is situated;
(5) the Defence Services;
(6) the Indian Railways; and
(7) such other interests as, in the opinion of the Central Government, ought to be
represented on the Board:
Provided that before appointing any person to represent the labour employed in the port, the
Central Government shall obtain the opinion of the trade unions, if any, composed of persons
employed in the port and registered under the Trade Unions Act, 1926 (16 of 1926), and that the
number of persons so appointed shall not be less than two;
(ii) such number of persons, as the Central Government may, from time to time, by
notification in the Official Gazette, specify, to be elected by such bodies and representing any one
or more of such of the following interests as may be specified in the notification from among
themselves, namely:--
(1) ship owners;
(2) owners of sailing vessels;
(3) shippers; and
(4) such other interests as, in the opinion of the Central Government, ought to be
represented on the Board:
Provided that in a case where any such body is an undertaking owned or controlled by the
Government, the person to be elected by such body shall be appointed by the Central
Government.]
(2) A Trustee appointed by the Central Government under this Act may be appointed by name or by
virtue of office.
(3) Every notification issued under 3[sub-clause (ii) of clause (c) of sub-section (1)] may also specify
the number of Trustees that each of the bodies referred to in that clause may elect.
(4) The election of Trustees under 3[sub-clause (ii) of clause (c) of sub-section (1)] shall be held
within such period as may, from time to time, be specified by the Central Government.
(5) The chief executive authority of every electing body shall communicate forthwith to the Central
Government the result of any election held in pursuance of sub-section (4).
(6) The names of persons appointed or elected as Trustees shall be notified by the Central
Government in the Official Gazette.
Notes:
1. Subs. by Act 17 of 1982, s. 3, for clause (b) (w.e.f. 31-5-1982).
2. Subs. by Act 29 of 1974, s. 4, for clauses (c) and (d) (w.e.f. 1-2-1975).
3. Subs. by Act 29 of 1974, s. 4, for "clause (d) of sub-section (1)" (w.e.f. 1-2-1975).