Auroville Foundation (Conduct of Business by the Governing Board) Regulations, 2017

Published vide Notification No. AF/Estt./2/499, dated 11.8.2017

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No. AF/Estt./2/499. - In exercise of the powers conferred by clause(a) of sub-section(2) of section 32 of the Auroville Foundation Act, 1988 ( 54 of 1988) and with the approval of the Central Government, the Governing Board of the Auroville Foundation hereby makes the following regulations namely :- Part- I

Preliminary

1. Short title. - (1) These Regulations may be called the Auroville Foundation (Conduct of Business by the Governing Board) Regulations 2017. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. - (1) In these regulations, unless the context otherwise requires,- (a) "Act" means the Auroville Foundation Act, 1988;

(b) "clear day" means the day exclusive of the day of issue of a notice and the day of meeting;

(d) "Government" means the Central Government;

(e) "member" means a member of the Governing Board nominated under sub-section (1) of section 11 of the Act;

(f) "Presiding Officer" means the Chairman presiding over a meeting of the Board or a member of the Board designated by the Chairman to preside over a meeting of the Board in his absence;

(g) "quorum" means at least four members present, including the Presiding Officer;

(h) "Secretary" means the Secretary to the Foundation appointed under sub-section (1) of section 15 of the Act;

(i) "rules" means the rules made by the Central Government under sub-section (1) of section 31 of the Act; and

(j) "section" means a section of the Act.

(2) All other words and expressions used herein and not defined but defined in the Act, and the Auroville Foundation rules shall have the meanings respectively assigned to them in the said Act and rules. Part- II

Procedure for Conduct of Business at the Meetings of the Governing Board

3. Ordinary meeting. - (1) The Governing Board shall meet at least once during a year in Auroville, at such time as may be fixed by the Chairman. (2) The Chairman may hold as many meetings during the same year at such time and venue as he may consider necessary. 4. Special meeting. - (1) The Chairman may call upon a special meeting of the Governing Board, whenever he considers it necessary and appropriate. (2) The Chairman, upon receiving a written request from not less than three members, shall convene a special meeting of the Governing Board within twenty-one clear days from the receipt of such a request. (3) The members requesting for a special meeting shall send, along with their written request, a detailed note on the agenda proposed by them for discussion at the special meeting and in the absence of such an agenda, the Chairman may decide about convening the special meeting. 5. Notice and agenda of meetings. - (1) The Secretary shall give notice of thirty clear days for the ordinary meeting and notice of fifteen clear days for the special meeting to all the members, specifying the date, time and venue of the meeting. (2) The Secretary shall circulate the agenda of the ordinary meeting, duly approved by the Chairman, to all the members, fifteen clear days in advance of the date of the ordinary meeting. (3) Where a special meeting is called upon on the written request of the members under sub-regulation (2) of regulation 4, the Secretary shall send a copy of the detailed note referred to in sub-regulation (3) of regulation 4 along with the notice of the meeting to all the members. 6. Additional matter not included in agenda. - Notwithstanding anything contained in regulation 5, the Chairman or the Presiding Officer may place or permit to place for the consideration of the Governing Board any matter not included in the agenda of the meeting on which the advice of the Governing Board is required and the Governing Board shall decide whether the matter shall be considered at the meeting and, if the decision is to consider it, the Governing Board shall consider the matter and dispose it. 7. Resolution by members. - Any member who desires to move a resolution on the matters relating to the Foundation at any ordinary meeting shall send notice of such a resolution to the Secretary at least seven clear days before the date of the meeting. 8. Presiding at meetings. - (1) The Chairman shall ordinarily preside over every meeting of the Governing Board. (2) The Chairman shall nominate a member of the Governing Board to preside over a meeting on his behalf when Chairman is unable to preside over a meeting, which cannot be postponed and the Chairman shall inform the name of such Presiding Officer to all the members of the Governing Board. 9. Postponement or Cancellation of meeting. - (1) The Chairman may postpone any meeting of the Governing Board due to his inability to preside over it: provided that the postponed meeting shall be held within a reasonable period not exceeding forty-five days from the date of postponement and such postponement shall be intimated to the members at least seven days before the date of the meeting. (2) The Chairman may, for valid reasons to be recorded in writing, cancel the meeting suo motu or at the written request of any two members of the Governing Board and such cancellation shall be intimated to the members of the Governing Board. 10. Conduct of business. - (1) No business shall be transacted at any meeting unless there is quorum. (2) In case of special meeting called for at the written request of the members, the Chairman may cancel the meeting, if the members requesting the meeting are not present at the venue at the appointed time of the meeting and thereafter for thirty minutes: Provided that in case even if only one of the members who requisitioned the meeting is present, the meeting shall be held to consider the agenda and any decision taken in such meeting shall be final and binding upon all the members including the absentee member who requisitioned the meeting. (3) The Chairman shall determine the procedure for any meeting that shall not be inconsistent with the provisions of these regulations. (4) The Chairman may, whenever it is deemed fit, circulate a draft of any resolution amongst the members to decide any matter on which advice of the Governing Board is required. 11. Adjournment. - In case of the ordinary meeting not having quorum at the appointed time and after thirty minutes, it shall stand adjourned for such duration as may be announced by the Chairman or Presiding Officer, as the case may be and the business that would have been brought before the original meeting shall be brought before the adjourned meeting and may be disposed of at such meeting or any subsequent adjourned meeting irrespective of the quorum. 12. Decision by consensus. - (1) All decisions taken at any meeting shall be by consensus of all members present and shall be final and binding. (2) The Governing Board shall decide all matters brought before it by consensus and failing which, by majority of the votes of the members present and voting. (3) The Chairman or the Presiding Officer, as the case may be, shall have a second or casting vote in case of a tie in votes when a matter is being decided by voting. 13. Minutes. - (1) The Secretary shall prepare and submit the draft minutes to the Chairman or the Presiding Officer, as the case may be, for approval within thirty days of the meeting and the minutes shall be circulated to the members and such other persons and authorities as the Chairman may direct. (2) The minutes shall be considered as approved and final unless there is any objection to be given in writing by any member within fifteen days from the receipt of the approved minutes. (3) The item of minutes on which any objection has been raised shall be placed for consideration of the Governing Board in subsequent meeting. (4) The Secretary shall place a copy of such approved minutes before the Governing Board, in its subsequent meeting. 14. Saving. - All decisions taken by the Governing Board prior to the notification of these regulations shall be valid and shall be deemed to have been taken in good faith as per the procedures prevailing.