Export-Import Bank of India Act, 1981
6. Constitution of
Board.-
1.
The
Board of Directors of the Exim Bank shall consist of the following, namely:--
a.
a
chairman and a managing director appointed by the Central Government: Provided
that the same person may be appointed to function both as chairman and as
managing director;
b.
one
director nominated by the Reserve Bank;
c.
one
director nominated by the Development Bank;
d.
one
director nominated by the Export Credit and Guarantee Corporation Limited,
being a Government Company within the meaning of section 617 of the Companies
Act, 1956 (1 of 1956);
e.
not
more than twelve directors nominated by the Central Government of whom—
i.
five
directors shall be officials of the Central Government;
ii.
not
more than three directors shall be from the scheduled banks;
iii.
not
more than four directors shall be persons who have special knowledge of, or
professional experience in, export or import or financing thereof.
1.
2.
The
chairman and the managing director shall hold office for such term, not
exceeding five years, as the Central Government may specify in this behalf and
any person so appointed shall be eligible for re-appointment.
3.
Notwithstanding
anything contained in sub-section (1), the Central Government shall have the
right to terminate the term of office of the chairman or the managing director,
as the case may be, at any time before the expiry of the term specified under
sub-section (2), by giving him notice of not less than three months in writing
or three months' salary and allowances in lieu thereof, and the chairman or the
managing director, as the case may be, shall also have the right to relinquish
his office at any time before the expiry of the term specified under
sub-section (2) by giving to the Central Government notice of not less than
three months in writing or three months' salary and allowances in lieu thereof.
4.
The
chairman and the managing director shall receive such salary and allowances as
may be determined by the Central Government.
5.
The
Central Government may, at any time, remove the chairman or the managing
director, as the case may be, from office: Provided that no person shall be
removed from his office under this sub-section unless he has been given an
opportunity of showing cause against his removal.
6.
Subject
to the provisions contained in sub-section (7), any director nominated under
clause (b) or clause (c) or clause (d) or clause (e) of sub-section (1) and not
being an official of Government or not being a whole time director or official
of the Reserve Bank or the Development Bank or the said Export Credit and
Guarantee Corporation Limited or a scheduled bank, shall hold office for such
term, not exceeding three years, as the Central Government or, as the case may
be, the authority nominating him, may specify in this behalf and thereafter
until his successor enters upon his office, and shall be eligible for
re-nomination: Provided that no such director shall hold office continuously
for a period exceeding six years.
7.
Any
director nominated under this section shall hold office during the pleasure of
the authority nominating him.
8.
The
Board shall meet at such times and places and shall observe such rules of procedure
in regard to the transaction of business at its meetings as may be prescribed.
9.
The
chairman or, if for any reason he is unable to attend a meeting of the Board,
the managing director or, in the event of both the chairman and the managing
director being unable to attend a meeting, any other director nominated by the
chairman in this behalf and in the absence of such nomination any director
elected by the directors present from among themselves, shall preside at the
meeting.
10.
All
questions which come up before any meeting of the Board shall be decided by a
majority of votes of the directors present and voting, and in the event of an
equality of votes, the chairman, or in his absence, the managing director, or
in the absence of both the chairman and the managing director, the person
presiding, shall have and exercise a second or casting vote.
11.
Save
as otherwise provided in sub-section (10), every director of the Board shall
have one vote.