The Petroleum and Natural Gas Regulatory Board (Meetings of the Board) Regulations, 2007
Published vide Notification No. S.O. 731(E), dated 26th November, 2007
Last Updated 23rd May, 2020 [act2522]
Petroleum and Natural Gas Regulatory BoardS.O. 731(E). - In exercise of the powers conferred by clause (a) of Sub-section of (2) Section 61 of the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006), the Petroleum and Natural Gas Regulatory Board hereby makes the following regulations, namely :-
Preliminary1. Short title and commencement. - (1) These regulations may be called The Petroleum and Natural Gas Regulatory Board (Meetings of the Board) Regulations, 2007. (2) These regulations 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 Petroleum and Natural Gas Regulatory Board Act, 2006;
(b) "Board", means the Petroleum and Natural Gas Regulatory Board established under Sub-section (1) of Section 3 of the Act;
(c) "Chairperson", means the Chairperson of the Board appointed under Section 4 of the Act;
(d) "Member", means a Member of the Board appointed under Section 4 of the Act.
Meeting of the Board3. Convening of Board meetings. - (1) Meetings of the Board shall be convened at least once in each quarter of the [calendar] year by the Chairperson or in his absence on account of the post being vacant or as may be directed by him/her, by the senior most Member reckoned from the date of appointment to the Board : Provided that in case of common date of appointment of Members, the Member senior in age shall be considered as senior to the other Members. (2) Any two Members may require the Chairperson to convene a meeting of the Board at any time and the Chairperson shall convene the meeting of the Board accordingly. 4. Presiding over Board meetings. - The Chairperson or if he is unable to attend the meeting of the Board, for any reason, the senior most Member present shall preside over the meeting. 5. Place and time of Board meetings. - Meetings of the Board shall be held at such times and places in India as may be specified in the notice convening the meeting. 6. Notice for Board meeting. - (1) Not less than seven days notice shall ordinarily be given for each meeting of the Board by the Secretary (or any other Officer designated by the Chairperson) and such notice along with agenda papers shall be circulated to every Member, [seven days] in advance: Provided that if any emergency meeting of the Board is to be convened [or in case of urgent matters], seven days notice may not be required. However, sufficient notice shall be given to the Member to enable him to attend the meeting: [Provided further that a resolution may be passed in a Board meeting or a decision may be taken by circulation of an agenda to the Members and the Passing of such resolution or taking of such decision by circulation shall have the same effect as it had been so done at a duly convened meeting of the Board.] (2) No business other than that for which the meeting was convened shall be discussed at a meeting of the Board, except with the consent of the Chairperson or the Member presiding over the meeting [***]. [7. Quorum required and voting. - (1) Three Members of the Board, including Chairperson or in his absence the Member presiding over the meeting, shall constitute the quorum for transaction of business at a meeting of the Board: Provided, in case the Board has at any time less than five Members due to vacancy or any other reason, two Members of the Board, including Chairperson or in his absence the Member presiding over the meeting, shall constitute the quorum for transaction of business at a meeting of the Board. (2) All questions which come before any meeting of the Board shall be decided by a majority vote of the Members present and voting and in the event of any equality of votes,the Chairperson, or in his absence, the Member presiding over the meeting shall have a second or casting vote; Provided that, in case of a meeting where only two members are present, including Chairperson or in his absence the Member presiding over the meeting, who duly constitute the quorum, then in such circumstances, Chairperson or the Member presiding over such meeting, shall not have the second or casting vote.] [8. Leave of Absence. - The Board may, if it feels appropriate, decide to grant leave of absence to a Member not present in the meeting and such decision shall be recorded in the minutes of the meeting.] 9. Minutes of the meeting. - (1) The Board shall cause the minutes of all the meetings to be maintained in the books kept for the purpose, which may be in the form of binders containing loose leaves, duly numbered. (2) A copy of the minutes of each meeting of the Board shall be circulated as soon as possible to the Members. The minutes shall be signed by the Chairperson or the Member presiding over the succeeding meeting, and taken on record thereafter. 10. Custody of the minutes book, common seal etc. - Secretary of the Board shall keep custody of common seal register of attendance of the meetings, minutes book, and other documents/records, etc. pertaining to the meetings of the Board.
Obligations of the Members11. Member not to participate in meetings in certain cases. - Every Member, who is directly or indirectly concerned or interested in any matter coming up for consideration at a meeting of the Board, shall, as soon as possible, after the relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the Board and the Member shall not take any part in any deliberation or decision of the Board with respect to that matter. Explanation. - The expression "directly or indirectly" referred to in this regulation shall include any concern or interest of a Member either by himself or through his relatives within the meaning of definition of Section 6 of the Companies Act, 1956 (1 of 1956) or by reason of being a partner, director of that concern. 12. Obligation of a Member to give information of disqualification. - (1) A Member, as soon as may be, inform the Board if he becomes subject to any of the disqualifications specified in Section 7 of the Act. (2) The Board shall inform the Central Government, if it comes to the notice of the Board that any Member has attracted the disqualifications referred to in (1) above. [13. Interpretation. - If any question arises as to the interpretation of these regulations, the same shall be decided by the Board and for such purpose, if required, guidance may be taken by the Board from "Secretarial Standard-1 (SS-1) on Meetings of the Board of Directors" issued by the Institute of Company Secretaries of India.]