The Gujarat Maritime Board Act, 1981
gujarat · 1981
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- S. 1(1) This Act may be called the Gujarat Maritime Board Act, 1981
- S. 2Section 2 defines key terms used in the Gujarat Maritime Board Act, 1981, including "Board," "dock," and "foreshore."
- S. 3Section 3 establishes the Gujarat Maritime Board, defines its powers, and outlines its membership composition.
- S. 4Section 4 of the Gujarat Maritime Board Act, 1981 disqualifies individuals from serving on the Board if they have been dismissed from government service, convicted of an offense involving moral turpitude, declared insolvent, or have certain financial interests.
- S. 5(1) The Chairman shall hold office during the pleasure of the State Government
- S. 6Section 6 outlines conditions under which a member of the Gujarat Maritime Board can be removed or resign.
- S. 7Any person ceasing to be a member shall, disqualified under section 4, be eligible for reappointment
- S. 8Section 8 details the process for filling vacancies in the offices of the Chairman and other members of the Gujarat Maritime Board.
- S. 9Section 9 outlines who acts as Chairman when the original Chairman is incapacitated, absent, or on deputation.
- S. 10Section 10 outlines the meeting procedures and voting rules for the Gujarat Maritime Board.
- S. 11Section 11 allows the Gujarat Maritime Board to form committees to handle delegated duties and sets meeting procedures.
- S. 12Section 12 specifies fees and allowances for Gujarat Maritime Board members, excluding MPs, MLAs, and government servants.
- S. 13Section 13 requires board members to disclose conflicts of interest and abstain from related deliberations.
- S. 14Section 14 validates the Board's actions despite vacancies, disqualifications, or procedural irregularities.
- S. 15Delegation of powers
- S. 16Section 16 outlines the duties of the Chairman and Vice-Chairman, and the appointment and roles of the Chief Executive Officer and other Board officials.
- S. 17Chief Executive Officer and other officers and servants of the Board
- S. 18[Deleted
- S. 19Disiplinary control over officers and employees by Board
- S. 20Section 20 transfers state government's port-related assets, debts, and liabilities to the Gujarat Maritime Board.
- S. 21Section 21 maintains pre-appointed day port rates, fees, and charges at previous state government levels until changed by competent authority.
- S. 22Section 22 details repayment terms for capital provided by the State Government to the Board, including interest rates.
- S. 22ALeavy of waterfront royalty
- S. 23Section allows the Gujarat Maritime Board to acquire land for its purposes by the State Government under the Land Acquisition Act.
- S. 24With respect to the making of contracts by the Board for the purposes of this Act
- S. 25Section 25 authorizes the Gujarat Maritime Board to execute port infrastructure works and provide necessary appliances.
- S. 26Section 26 allows the Gujarat Maritime Board to undertake works or services and lend vessels or services for up to three months.
- S. 27Section 27 declares when a port facility is ready for operations and authorizes the Board to order vessels to dock for loading/unloading.
- S. 28The Gujarat Maritime Board can prohibit vessel loading/unloading at minor ports except at specified docks, with Collector's approval.
- S. 29Section 29 allows the Gujarat Maritime Board to order vessels to leave or not use its docks if deemed necessary, with fines for non-compliance.
- S. 30Section 30 allows the State Government to permit specified vessels to discharge or ship goods in specific ports under certain conditions.
- S. 31Section 31 authorizes the Gujarat Maritime Board to declare and regulate non-seagoing vessel docking areas and operations.
- S. 32Section 32 empowers the Gujarat Maritime Board to provide various port services and authorize others to do so under certain conditions.
- S. 33Section 33 outlines the Gujarat Maritime Board's liability for goods, governed by Indian Railways Act and Indian Contract Act, with specific notice and time limits.
- S. 34Section 34 mandates the Gujarat Maritime Board to provide designated spaces for customs officers and assigns payment of related charges to the Board.
- S. 35Section 35 prohibits unauthorized constructions within port limits and allows the Board to remove or order removal of such unauthorized structures.
- S. 36Section 36 allows the Gujarat Maritime Board to close or remove unauthorized infrastructure and provides compensation for previously permitted structures.
- S. 37Section 37 establishes the Gujarat Maritime Board's authority to set rates and conditions for various port services.
- S. 38Section 38 outlines the Gujarat Maritime Board's authority to set rates and conditions for using its property and facilities.
- S. 39Section 39 allows the Board to establish a consolidated rate scale for specified services or property usage.
- S. 40Section 40 allows the Gujarat Maritime Board to set lower rates for coastal and certain other goods, without discrimination between Indian ports.
- S. 41Section 41 mandates the Gujarat Maritime Board's scales and conditions to be approved by the State Government before publication.
- S. 42Section 42 empowers the State Government to modify or cancel maritime board scales if deemed necessary for public interest.
- S. 43Section 43 allows the Gujarat Maritime Board to exempt or remit rates or charges on goods, vehicles, or vessels in special cases.
- S. 44Section 44 mandates written claims for overcharge refunds within six months, but allows the Board to remit overcharges at its discretion.
- S. 45Section 45 allows the Gujarat Maritime Board to recover short-levied or erroneously refunded charges by issuing notices and determining due amounts.
- S. 46Section 46 specifies payment timing for goods landed, removed, shipped, or transhipped at the Gujarat Maritime Board.
- S. 47Section 47 grants the Gujarat Maritime Board a lien on goods and premises until rates and rent are paid, with priority over other claims except specific exceptions.
- S. 48Section 48 allows shipowners to retain goods at maritime board facilities until unpaid charges are paid.
- S. 49Section 49 allows the Gujarat Maritime Board to sell goods in its custody if certain unpaid fees or charges are not settled.
- S. 50Section 50 allows the Gujarat Maritime Board to sell goods not removed within two months if rates or rent are unpaid.
- S. 51Section 51 details how proceeds from sales under the Gujarat Maritime Board Act are to be applied, prioritizing expenses, liens, and fines before surplus is returned or used for the Act's purposes.
- S. 52Section 52 allows the Gujarat Maritime Board to seize and sell vessels for unpaid rates or penalties.
- S. 53Section 53 prevents port clearance for vessels if the Gujarat Maritime Board claims dues or damages.
- S. 54Section 54 allows the Gujarat Maritime Board to raise loans with government approval for its purposes.
- S. 55Section 55 allows the Gujarat Maritime Board to set terms for issuing and transferring its securities with state approval.
- S. 56Section 56 outlines rules for the distribution of Maritime Board securities upon the death of joint or several payees.
- S. 57Section allows any joint holder of a Board security to give a receipt for interest unless another holder notifies the Board otherwise.
- S. 58Section 58 mandates that endorsements on transferable Board securities must be signed by the holder directly on the security itself.
- S. 59Section 59 exempts endorsers of Gujarat Maritime Board securities from liability for payment of principal or interest.
- S. 60Section 60 allows the Gujarat Maritime Board to use printed or mechanically reproduced signatures on its securities, which are legally valid.
- S. 61Section 61 allows applicants to claim interest and a duplicate security if their Board security is lost, stolen, or destroyed, pending resolution.
- S. 62The Board can convert, consolidate, or subdivide securities upon application, satisfaction of claim justice, and payment of prescribed fee.
- S. 63Section 63 exempts the Gujarat Maritime Board from limitation period rules for discharging liabilities on securities after six years.
- S. 64Section 64 establishes that loans by the Gujarat Maritime Board are first charge on its property and rates, except for certain funds and employee pensions.
- S. 65Section 65 ensures government loans to the Board have same remedies as Board securities, except loans with explicit priority.
- S. 66The Board can repay government loans early with state approval, adjusting interest accordingly.
- S. 67Section 67 mandates the Gujarat Maritime Board to set aside funds every six months to repay non-short-term loans, unless directed otherwise by the State Government.
- S. 68Section 68 mandates the Gujarat Maritime Board to invest funds in approved securities and use accumulated funds for debt repayment.
- S. 69Section 69 mandates annual examination of sinking funds for loan repayment and directs the Board to adjust contributions based on fund value.
- S. 70Section 70 allows the Gujarat Maritime Board to borrow funds under the Local Authorities Loans Act, 1914.
- S. 71Section 71 allows the Gujarat Maritime Board to borrow or obtain advances without prior state sanction for up to six months.
- S. 72Section 72 allows the Gujarat Maritime Board to raise loans from international sources with state government approval.
- S. 73Section 73 mandates all funds received by the Gujarat Maritime Board to be credited to the General Account of Minor Ports.
- S. 74Section 74 of the Gujarat Maritime Board Act, 1981 directs the application of funds from the general account to pay the Board's debts, salaries, pensions, and operational expenses.
- S. 75Section allows the Gujarat Maritime Board to use port funds to cover deficits or transfer surpluses, with state government approval.
- S. 76Section 76 allows the Gujarat Maritime Board to establish reserve funds for various contingencies and emergencies.
- S. 77Section 77 allows the Gujarat Maritime Board to reserve securities for authorized investments and validates their issuance and transfer.
- S. 78Section 78 regulates the Gujarat Maritime Board's capital expenditure, requiring state government approval unless within specified limits.
- S. 79Section 79 restricts the Gujarat Maritime Board from starting new projects or contracts without prior cost estimate approval and government sanction.
- S. 80Section 80 allows the Chief Executive Officer to execute and contract for works under a set cost limit, reporting to the Board.
- S. 81Section 81 allows the Gujarat Maritime Board to settle claims with prior government approval for large settlements.
- S. 82Section 82 allows the Gujarat Maritime Board to write off irrecoverable amounts or losses, subject to State Government approval for larger amounts.
- S. 83Section 83 extends the powers and authorities of the Gujarat Maritime Board to works authorized under the Indian Ports Act, 1908.
- S. 84Section 84 mandates the Gujarat Maritime Board to submit and approve an annual financial estimate, which the State Government reviews and may modify before final approval.
- S. 85The Gujarat Maritime Board can prepare additional budget estimates for writing off losses in the remaining part of a fiscal year.
- S. 86Section allows the Gujarat Maritime Board to reallocate unspent funds to cover any overspending in other areas as per state government's directions.
- S. 87Section 87 limits the Gujarat Maritime Board's expenditures to amounts sanctioned by the government, except in emergencies.
- S. 88Section 88 mandates the Gujarat Maritime Board to maintain records, prepare annual statements, and undergo annual audits by a state-appointed auditor.
- S. 89Section 89 mandates the auditor to send audit reports to the Board and State Government, and requires the State Government to present these reports to the State Legislature.
- S. 90Section 90 mandates the Gujarat Maritime Board to address auditor's findings on its financial report and report actions to the State Government.
- S. 91Section 91 resolves disagreements between the Gujarat Maritime Board and auditor by referring unresolved issues to the State Government for final decision.
- S. 92Administration Report
- S. 93Section 93 mandates the Board to submit annual income and expenditure statements to the State Government and allows public inspection of these statements for a fee.
- S. 94Section 94 allows the State Government to temporarily replace the Gujarat Maritime Board during emergencies or persistent default, with specified procedures.
- S. 95Section 95 mandates the Gujarat Maritime Board to follow policy directions from the State Government, with an opportunity to express views, and accepts the government's final policy decisions.
- S. 96Section 96 deems Board employees as public servants for purposes of specified Indian Penal Code and Prevention of Corruption Act sections.
- S. 97Section 97 imposes fines for non-compliance with orders or conditions under sections 27, 29, or 30 of the Gujarat Maritime Board Act.
- S. 98Section 98 imposes fines for violating section 35, up to ₹1,000 initially and ₹100 daily thereafter.
- S. 99Section penalizes understating or removal of goods/vessels to evade maritime board rates with fines up to twice the due amount.
- S. 100Section 100 allows the Gujarat Maritime Board to recover damages caused by vessel negligence through distress sale of the vessel's property.
- S. 101Section 101 prohibits board members or employees from acquiring shares or interests in contracts with the board, except under specific conditions.
- S. 102Section 102 imposes a fine up to 200 rupees for violating the Gujarat Maritime Board Act without a specified penalty.
- S. 103Section 103 prohibits inferior courts from trying offenses under the Gujarat Maritime Board Act, 1981.
- S. 104Section 104 holds company officers liable for offenses committed by the company, with exceptions for due diligence.
- S. 105Section 105 establishes a State Ports Consultative Committee to advise the Gujarat Maritime Board on minor ports' development and administration.
- S. 106Section 106 establishes Local Advisory Committees for ports, allowing the Board to consult them on specified business.
- S. 107Section 107 prevents lawsuits against the Gujarat Maritime Board or its members without prior written notice.
- S. 108Section 108 protects the Board and its members from lawsuits for actions taken in good faith under the Act.
- S. 109(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this
- S. 110Section 110 empowers the Gujarat Maritime Board to create regulations for internal procedures, employee appointments, and welfare benefits.
- S. 111Section 111 mandates regulations by the Board require state approval and publication, with fines for breaches.
- S. 112Section 112 allows the State Government to direct the Gujarat Maritime Board to make or amend regulations, and to make them itself if the Board fails to act.
- S. 113Section 113 mandates the State Government to initially draft regulations under the Act, which take effect upon publication in the Official Gazette.
- S. 114Section 114 mandates the Gujarat Maritime Board to post regulations and rate scales in English and Gujarati at specified locations on its premises.
- S. 115Section 115 preserves central government and municipal rights to collect duties at Board-owned docks and piers.
- S. 116Section 116 extends the Act's provisions to aircraft using ports while on water, similar to vessels.
- S. 117The section allows the State Government to issue orders to resolve difficulties in implementing the Act, except for minor ports after two years.
- S. 118Section 118 repeals the Bombay Landing and Wharfage Fees Act, 1882 for any minor port under the Gujarat Maritime Board Act, 1981, while preserving existing rights, penalties, and legal proceedings.
- S. 1018[Power to make appointments
- S. 1959Section specifies disqualification criteria for Gujarat Legislative Assembly members under the 1960 Act.