The Rajasthan Water Supply and Sewerage Corporation (Meeting) Regulation, 1980

Published vide Notification No. F. 4(8) AS(PHE) 80, dated 21-2-1980, Published in Rajasthan Gazette, Part 4-C(1), dated 10-4-1980, page 9

RJ504

G.S.R. 3. - In exercise of the powers conferred by sub-section (3) of Section 67 the Rajasthan Water Supply and Sewerage Corporation Act, 1979 (Rajasthan Act 15 of 1979), the State Government hereby makes the following Regulations, namely:-

These regulations may be called the Rajasthan Water Supply and Sewerage Corporations (Meetings) Regulation, 1980.
(1) In these regulations:-

(a) "Act" means the Rajasthan Water Supply and Sewerage Corporation Act, 1979 (Rajasthan Act 15 of 1979);

(b) "Agenda" means the list of business proposed to be transacted at a meeting of the Board of Director of the Corporation;

(d) "Director" means a Director of the Corporation appointed under sub-section (1) of section 4 of the Act;

(e) "Meeting" means the meeting of the Board of Directors whether ordinary or extra-ordinary; and

(f) "Managing Director" means the Managing Director of the Corporation appointed under sub-section (l)(b) of Section 4 of the Act.

(2) The words and expressions not defined in these regulations but used herein and defined in the Act shall have the same meanings as are assigned to them in the Act.

(3) If any doubt arises as to the interpretation of these regulations the decision of the Chairman there-on shall be final.

(1) The Board of Directors shall meet atleast once in three months for the transaction of business under the provisions of the Act:

Provided that the Managing Director shall on receipt of a requisition in writing by not less than the number of Directors required to constitute the quorum under regulation 10 and specifying the subject for the consideration of the meeting call for a meeting of the Board of Directors within 10 days from the date of such requisition:

Provided further that the Managing Director may of his own motion, convene a meeting at any time to transact urgent business.

(2) Every meeting of the Board of Directors shall ordinarily be held in the office of the Corporation during office hours:

Provided that with the concurrence of the majority of Board of Directors, a meeting may be held at a place within or outside the State and at a time agreed upon for the purpose.

When the Board of Directors are summoned under the proviso to clause (2) of Regulation 3, the Technical Assistant to Managing Director shall intimate to each Director the date and time and place of the meeting.
For every meeting of the Board of Directors a notice in writing of seven clear days shall ordinarily be given. The necessity of the notice may be waived if the date and time of the ensuing meeting have already been fixed at the previous meeting or if the Managing Director considers it necessary to hold a meeting for the transaction of any emergent business:

Provided that with the concurrence of all the Directors a meeting may be held without, or with a shorter notice:

Provided further that in the case of a Director who is out of India at the time fixed for the meeting the notice to such Director may be dispensed with.

(1) With every notice of a meeting under Regulation 5 the Technical Assistant to Managing Director shall supply to each Director a copy of the Agenda of business, together with a Memorandum on each item of the Agenda where practicable.

(2) Any other matter not provided for in the Agenda but falling within the scope of the Act may be referred to by any Director and dealt within the meeting with the permission of the Chairman.

The non receipt of notice of a meeting by any Director shall not by reason of such omission invalidate the proceedings of or any resolution passed at such meeting.
(1) Any Director may after receipt of a notice of a meeting under Regulation 5, intimate the Technical Assistant of Managing Director suggesting another date therefore, if the time fixed be not suitable to him but such intimation should reach the office of the Technical Assistant to Managing Director at least four clear days before the date already fixed for the meeting.

(2) The Technical Assistant to Managing Director shall place such communication forth with for the orders of the Chairman, who may; in consultation with the other Director, if possible fix another suitable date for the meeting.

The Board of Directors may from time to time appoint committees with such powers and functions and for such purposes as it thinks fit. The committee may unless otherwise directed by the Board of Directors, regulate its own procedure.
The quorum for a meeting of the Board of Directors shall be three.
If the Chairman is on leave or for any reason unable to be present at any meeting, the Managing Director shall preside the meeting and shall perform all the duties of the Chairman.
(1) If at the time fixed for the meeting the required quorum of Board of Directors is not present the Chairman shall wait for fifteen minutes.

(2) If at the expiration of the period fixed in clause (1) above the required quorum of Board of Directors is not present the Chairman shall adjourn the meeting.

The Chairman may adjourn any meeting to any time on the same day or to any future day.
When a meeting is adjourned to a future date, any item of the Agenda under discussion or remaining to be discussed at the time of such adjournment shall, unless the Chairman directs otherwise, have the same precedence which it had in the Agenda immediately before such adjournment in the business of the adjourned meeting.
The Technical Assistant shall ordinarily be present at all meetings and participate in all discussions as and when required by the Chairman, but shall not be entitled to vote.
The Board of Directors may invite any person for a specific purpose during the meeting of the Board of Directors and associate him during the discussions of the Board of Directors. The person so invited may participate in the discussions to the extent desired by the Board of Director, but shall not be entitled to vote.
(1) The Board of Directors may hear, at its discretion in person any representation or appeal from a supplier, contractor or a similar person not being the employee of the Corporation on matters connected with such supply or contracts:

Provided that such representation is made in accordance with the procedure presented by the Corporation.

(2) The person so allowed to appear may, subject to the regulation of the meeting, represent and answer any questions arising therefrom but shall withdraw thereafter and at the stage directed by the Chairman of the meeting, he shall neither participate, nor be present during discussions by the Board of Directors on the matter.

(3) Where so provided in the regulations of the Corporation, the Board of Directors may interview and hear any representations, matters or appeals from its employees. The employees so invited may represent. These cases according to the procedure laid down by the Corporation and answer any questions arising therefrom but shall not participate any further. They shall withdraw after stating these cases at the stage directed by the Chairman for the time being.

Routine and urgent matters may be considered by circulation of relevant papers amongst the Board of Directors and if they agree upon a decision unanimously, it shall have the effect of a decision taken at a meeting of the Board of Directors and shall thereupon be entered into the Minute Book accordingly. In case there is no unanimous decision of the Board of Directors on any matter, the particular matter shall be referred to the Board of Director in its next meeting.
All matters before the Board of Directors shall, unless otherwise provided in the Act, be decided by a majority of votes. If the votes are equal the Chairman or Managing Director acting as Chairman shall have a second or casting vote.
Every proposal or amendment duly made and pressed to a division shall be reduced to writing before being put to vote. Every such proposal or amendment shall be recorded in full in the proceedings together with the number and names of the Board of Directors voting for against it.
(1) The minutes of the proceedings of meeting of the Board of Directors shall be entered by the Technical Assistant to Managing Director in the Minute Book. Amongst other things, it shall contain:-

(a) Names of the Board of Directors and the Technical Assistant to Managing Director present at each meeting of the Board of Directors, and

(b) The proceedings of the meetings including resolution passed and decisions taken thereat.

(2) They shall be so recorded as to leave no blank space between one recorded decision and another to allow scope for any interpolations at a later stage.

(1) The minutes of the Board of Directors shall, as soon as practicable, be signed by the Chairman and the minutes so signed shall be prima facie evidence of the actual passing of the resolutions for all purposes.

(2) Copies of the minutes shall be furnished by the Technical Assistant to the Managing Director to each of the Director of the Board.

The Chairman of the meeting shall have the power to correct any obvious errors and to make suitable alterations in the minutes of the meeting, provided that such corrections or alterations do not change the sense of the decision taken at the meeting.