Section 85 in The West Bengal Motor Vehicles Rules, 1989
85.
(1)In the event of the procedure of circulation being taken recourse to in respect of any matter, the Secretary shall record the particulars of the matter as may be sufficient and relevant for arriving at a decision and prepare as many copies as there are members, and send the same to the members specifying the date by which the opinions of the members are to be received.(2)Upon receipt of the opinions of the members, the Secretary shall lay the papers before the Chairman, who after recording his opinion and a second opinion in case of equality, convey the decision to the Secretary in the form of a resolution for implementation. The records shall be preserved by the Secretary and, while the resolution together with the particulars as circulated shall be made available on demand, the records containing the opinions of the members shall be secret documents and shall not be parted with unless the Chairman so directs.(3)The number of votes excluding the Chairman's second or casting vote recorded on the basis of the opinion received for or against the items, shall not be less than the number necessary to constitute quorum at a meeting of the Transport Authority in accordance with the rules hereinbefore to decide the item.(4)At the time of voting, if necessary at any meeting, none other than the members of the Transport Authority shall remain present.(5)The Secretary or in his absence the Deputy Secretary next in rank to him or, in the absence of both, any other officer of the Transport Authority as may be authorised by the Chairman at the meeting shall lay before the State Transport Authority or the Regional Transport Authority, as the case may be, the agenda to be considered at any meeting and such officer shall function as if he were the Secretary in connection with the particular meeting, but he cannot act as a member.(6)The Secretary may, with the approval of the Chairman or if so directed by the Chairman, lay before the meeting miscellaneous items on the agenda which could not earlier be circulated due to exigencies of circumstances or emergent items which are of such importance that the decision of the Transport Authority shall immediately be necessary.(7)If for any reason whatsoever, the Chairman is absent from the headquarters for any period during which a decision on any matter has to be taken by the procedure of circulation, the Deputy Chairman, if necessary, shall act as the Chairman.
