LexThe Gujarat Maritime Board Act, 1981
Gujarat · state statute
Open in Lexace · Ask the AI about this actThe Gujarat Maritime Board Act, 1981 1 of 42 GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT Gujarat Act No. 30 of 1981 The Gujarat Maritime Board Act, 1981 [As modified upto the 31st August, 2007] The Gujarat Maritime Board Act, 1981 2 of 42 THE GUJARAT MARITIME BOARD ACT, 1981 (Guj. Act No 30 of 1982) CONTENTS. PREAMBLE. SECTIONS. PAGE NO. CHAPTER I. PRELIMINARY. 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II. ESTABLISHMENT OF GUJARAT MARITIME BOARD. 3. Establishment of Gujarat Maritime Board. 4. Disqualifications of members. 5. Term of office of members. 6. Vacation of office of the Board's members. 7. Eligibility of appointment. 8. Filling of vacancies. 9. Absence of Chairman. 10. Meetings of Board. 11. Committees of the Board. 12. Fees and allowances payable to members. 13. Member of Board or Committee not to vote in certain cases. 14. Defects in appointments not to invalidate acts, etc. 15. Delegation of powers. 16. Duties of Chairman. CHAPTER III. STAFF OF THE BOARD. 17. Chief Executive Officer and other officers and servants of the Board. 18. [Deleted.] 19. Disiplinary control over officers and employees by Board. CHAPTER IV PROPERTY AND CONTRACTS. 20. (1) (a) Transfer of assets and liabilities of State Government to Board. (1) (b) Transfer of debts, obligations and liabilities. (1) (c) Tranfer of capital to Board. The Gujarat Maritime Board Act, 1981 3 of 42 SECTIONS. PAGE NO. (1) (d) Outstanding recovery of rates. (1) (e) Suits and litigation. (1) (f) Terms and conditions of service of employees. 21. Existing rates, etc. to continue until altered by Board. 22. Repayment of capital with interest. 22A. Leavy of waterfront royalty. 23. Procedure when immovable property cannot be acquired by agreement. 24. Contracts by Board. CHAPTER V. WORKS AND SERVICES TO BE PROVIDED AT MINOR PORTS BY THE BOARD. 25. Power of Board to execute works and provide appliances. 26. Power of Board to undertake certain works. 27. Power of Board to order sea-going vessels to use docks, wharves, etc. 28. If accommodation sufficient, all sea -going vessels compelled to use docks, wharves, etc. 29. Power to order vessels not to come alongside of, or to be removed from docks, wharves, etc. 30. Power of Government to exempt vessels from obligation to use wharves, etc. 31. Board to declare when vessels other than sea -going vessels of compelled to use dock, wharves, etc. 32. Performance of services by Board or other person. 33. Responsibility of Board for loss, etc. of goods. 34. Accommodation to be provided for cu stoms officers in wharves, etc. appointed under Customs Act, 1962. 35. Power to permit erection of private wharves, etc. within a port subject to conditions. 36. Compensation payable in certain cases where use of any private whar f, etc. rendered unlawful. CHAPTER VI. IMPOSITION AND RECOVERY OF RATES AT PORTS. 37. Scales of rales for services performed by Board or other person. 38. Scales of rates and statement of conditions for use of property belonging to Board. 39. Consolidated rates of combination of services. 40. Power to levy concessional rates in certain cases. 41. Prior sanction of State Government to rates and conditions. The Gujarat Maritime Board Act, 1981 4 of 42 SECTIONS. PAGE NO. 42. Power of State Government to require modification or cancellation of rates. 43. Remission of rates or charges. 44. Refund of overcharges. 45. Notice of payment of charges short levied or erroneously refunded. 46. Time for payment of rales on goods. 47. Board's lien for rates. 48. Ship-owner's lien for freight and other charges. 49. Sale of goods after two months if rates of rent are not paid or lien for freight is not discharged. 50. Disposal of goods not removed from premises of Board within time limit 51. Application of sale proceeds. 52. Recovery of rates and charges by distraint of vessel. 53. Grant of port clearance after payment of rates, realisation of damages, etc. CHAPTER VII. BORROWING POWERS OF BOARD. 54. Power to raise loans. 55. Board securities. 56. Right of joint or several payees of securities. 57. Power of one or two or more joint holders to grant receipts. 58. Endorsements to be made on a security itself. 59. Endorsement of security not liable for amount thereof. 60. Impression signature of securities. 61. Issue of duplicate security. 62. Issue of converted, etc. securities. 63. Discharges in certain cases. 64. Security for loans taken by the Board. 65. Remedies of Government in respect of loans made to Board. 66. Power of Board to repay loans before due date. 67. Establishment of sinking fund. 68. Investment and application of sinking fund. 69. Examination of sinking fund. 70. Powers of Board to raise loans on short terms Bills. 71. Power of Board to take temporary loans or overdrafts. The Gujarat Maritime Board Act, 1981 5 of 42 SECTIONS. PAGE NO. 72. Power of Board to borrow money from International Bank for reconstruction and development or other foreign institutions. CHAPTER VIII. REVENUE EXPENDITURE. 73. General account of port. 74. Application of moneys in general accounts. 75. Power to transfer moneys fr om general account to specified particular account and vice-versa. 76. Establishment of Reserve funds. 77. Power to reserve Maritime Board securities for Board's own investments. 78. Prior function of the Government to charge expenditure to capital. 79. Works requiring sanction of Board or State Government. 80. Power of Chairman as to execution of work. 81. Power of Board to compound or compromise claims. 82. Writing off losses. 83. Powers, etc. of Board as Conservator. 84. Budget estimates. 85. Preparation of supplemental estimates. 86. Reappropriation of amounts in estimates. 87. Adherence to estimate except in emergency. 88. Accounts and audit. 89. Publication of audit report. 90. Board to remedy defects and irregularities pointed out in audit report. 91. State Government to decide difference between Board and auditors. CHAPTER IX. SUPERVISION AND CONTROL OF STATE GOVERNMENT. 92. Administration Report. 93. Submission of statements of income and expenditure to State Government. 94. Power of State Government to supersede Board. 95. Power of State Government to give directions to Board. CHAPTER X. PENALTIES. 96. Persons employed under this Act to be public servants for certain purposes. 97. Penalty for contravention of sections 27, 28, 30 and 31. The Gujarat Maritime Board Act, 1981 6 of 42 SECTIONS. PAGE NO. 98. Penalty for setting up wharves, quays, etc. without permission. 99. Penalty for evading rates, etc. 100. Recovery of value or damage to property of Board. 101. Person interested in contracts, etc. with the Boar d to be deemed to have committed an offence under section 168 of the Indian Penal Code. 102. Other offences. 103. Cognizance of offences. 104. Offence by companies. CHAPTER XL MISCELLANEOUS. 105. Constitution of State Ports Consultative Committee. 106. Local Advisory Committee. 107. Limitation of proceedings in respect of thing done under Act. 108. Protection of acts done in good faith. 109. Power of the State Government to make rules. 110. General power to make regulations. 111. Provisions with respect to regulations. 112. Power of State Government to direct regulations to be made or to make regulations. 113. Power of State Government to make first regulations. 114. Posting of certain regulations, etc. 115. Saving of right of Government and m unicipalities to use wharvers, etc. for collection of duties and power of Customs Officers. 116. Application of provisions of Act to air craft. 117. Power to remove difficulties. 118. Repeal and savings. The Gujarat Maritime Board Act, 1981 7 of 42 GUJARAT ACT NO. 30 OF 19811 [ THE GUJARAT MARITIME BOARD ACT, 1981. ] [3rd November, 1981.] Amended by Guj. 3 of 1996. Amended by Guj. 1 of 1999. Amended by Guj. 18 of 2005. the Gujarat Maritime Board (Amendment and validation) Act, 2005 An Act to make provision for the constitution of a maritime Board for minor ports in the State of Gujarat and to vest the administration, control and management of such ports in that Board and for matters connected therewith. It is hereby enacted in the Thirty -second Year of the Republic of India as follows:- CHAPTER I. PRELIMINARY. 1. (1) This Act may be called the Gujarat Maritime Board Act, 1981. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint. (4) It applies to all the minor ports in the State to which the Indian Ports Act applies on the date of the commencement of this Act and the State Government may, by notification in the Official Gazette, apply the provisions of this Act to any other minor port in the State to which the Indian Ports Act is extended by the State Government under section 4 of that Act, and with effect from such date, as may be specified in the notification. 2. In this unless the context otherwise requires,— (a) "applointed day" in relation to any minor port means the day on which this Act is made applicable to that port; (b) "Board" means the Gujarat Maritime Board constituted under section 3; (c) "Board security "means debentures, bonds or dock certificates issued by the Board in respect of any loan contracted by it under the provisions of this Act; (d) "Chairman" means the Chairman of the Board and includes the person appointed to act in his place under section 9; (e) "dock" includes all basins, locks, cuts, entrances, graving docks, graving blocks, inclined planes, slipways, gridirons, mooring, trainst sheds, warehouses, godowns, open plots and other works and things appertaining to any dock and also the portion of the sea enclosed or protected by the arms or groynes of a harbour; (f) "foreshore" in relation to a port means the area between the high water mark and the low water mark relating to that port; (g) "goods" includes live stock and every kind of moveable property; (h) "high water mark" in relation to a port means a line drawn through the highest points reached by ordinary spring tides at any season of the year at the port; (i) "immovable property" includes wharfage -rights and all other rights exercisable on, over or in respect of, land, any wharf, dock or pier. Short title, extent, commencement and application. Definitions. The Gujarat Maritime Board Act, 1981 8 of 42 (j) "Indian Ports Act" means the Indian Ports Act, 1908. (k) "land" includes the bed of sea or river below high water mark and also things attached to the earth or permanently fastened to anything attached to the earth; (1) "low water mark" in relation to a port means a line drawn through the lowest points reached by ordinary spring tides at any reason of the year at that port; (m) "master" in relatio n to any vessel or craft making use of any minor port means any person having for the time being the charge or control of such vessel or craft, as the case may be, except a pilot, harbour master, dock master, or berthing master of the port; (n) "member" m eans a member of the Board or its Committee, as the case may be; (o) "minor port" means a port other than a major port declared as such by the Central Government under any law; (p) "owner" — (i) in relation to goods includs any consignor, consignee, shi pper or agent for the sale, custody, loading or unloding of such goods, and (ii) in relation to any vessel or craft making use of any port, includes any part owner, charterer, consignee or mortgagee in possession thereof; (q) "pier" includes any stage, s tairs, landing place, hard jetty, floating barge or pontoon and any bridges or other works connected therewith; (r) "port" means any minor port to which this Act applies within such limits as may from time to time be defined by the State Government under the Indian Ports Act; (s) "port approaches" in relation to a port means those parts of the navigable rivers and channels leading to the port in which the Indian Ports Act is in force; (t) "prescribed" means prescribed by rules or regulations made under this Act; (u) "public securities" means— (i) promisory notes, debentures, stock or other securities of the Central Government or of any State Government: Provided that securities both the principal whereof and the interest where of have been fully and unc onditionally guaranteed by any such Government shall be deemed, for the purposes of this clause, to be securities of such Government, (ii) debentures or other securitues for money issued by or on behalf of any municipal body, Improvement Trust or Port Tru st under the authority of any law for the time being in force in the State (including the Board securities); (v) "rate" includes any toll, due, rent, fee or charge leviable under this Act; (w) "regulations" means regulations made under this Act; (x) "rules" means rules made by the State Government under this Act; (y) "State" means the State of Gujarat; 15 of 1908. The Gujarat Maritime Board Act, 1981 9 of 42 (z) "vessel" includes anything made for the conveyance, mainly by water, of human being or of goods; (z-a) "wharf" includes any wall or stage and any part of the land or fore-shore that may be used for loading or unloading goods or for the embarkation or disembarkation of passengers and any wall enclosing or adjoining the same. CHAPTER II. ESTABLISHMENT OF GUJARAT MARITIME BOARD. 3. (1) As soon as may be after the commencement of this Act, the State Government may, by notification in the Official Gazette, establish a Board to be called the Gujarat Maritime Board. (2) The Board shall be a body corporate by the na me aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by the said name sue and be sued. (3) The head offi ce of the Board shall be at such place as the State Government may, by notification in the Official Gazette, direct. 2[(4) The Board shall consist of such number of members, not being less than five and not more than twelve, who shall be appointed by the State Government as follows, namely:— (a) three members appointed by virtue of their office amongst officers of the State Government, of whom— (i) one shall be a representative of the department in-charge of the administration of minor ports in the State, (ii) one shall be the Commissioner of Fisheries, and (iii) one shall be a representative of the Finance Department; (b) the other memb ers appointed from amongst the persons who are, in the opinion of the State Government, having expertise or experience in or capable of representing any one or more of the interests of shipping, navigation, ports, sailing vesseles, fisheries, trade, commerce, finance, industry, workers of minor ports and such other interests, as in the opinion of the State Government, ou ght to be represented on the Board.]* (5) The Chief Executive Officer of the Board appointed as such under section 17 shall be an ex-officio member of the Board and be shall also be its Vice - chairman. (6) The State Government shall appoint one of the mem bers appointed under sub section (4) to be the Chairman of the Board.] 4. A person shall be disqualified for being appointed, or for continuing as a member of the Board, if he— (a) has been removed or dismissed from the service of Government or of local authority or of a Corporation owned or Controlled by Government; (b) has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; or (c) is an undischarged insolvent; or (d) has directly or indirectly any share or interest in any work done by order of the Board or in any contract or employment with, by or on behalf of the Board: Establishment of Gujarat Maritime Board. Disqualifications of members. . The Gujarat Maritime Board Act, 1981 10 of 42 Provided that no person shall be deemed to have share or interest in such work, contract or employment by reason only of his— (i) having a share in any company or firm which may contract with or be employed by or on behalf of the Board; or (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board may be inserted; or (iii) being interested in any loan of money to the Board; or (iv) having a share or interest in any lease, sale, exchang, or purchase of immovable property or any agreement for the same; or (v) having a s hare or interest in any licence by the Board or right by agreement or otherwise with the Board to the sole or preferential use of any premises or property belonginto the Board; or (vi) having a share or interest in the occasional sale to the Board to a value not execeeding ten thousand rupees in any one financial year, of any article in which he trades. 5. (1) The Chairman shall hold office during the pleasure of the State Government. (2) Subject to the provisions of this Act a member of the Board, other than the members appointed under clause (a) of sub -section (4) of section 3 and the ex-officio members referred to in sub -section (5) of that section shall hold office during the plea sure of the Government 3[* * * *] 6. (1) The State Government shall remove a member of the Board if he— (a) becomes subject to any disqualification mentioned in section 4; or (b) refuses to act or becomes incapable of acting; or (c) has, in the opinion of the State Government, become incapable of representing the interests by virtue of which he was appointed; or (d) is, without the permission of the Board previously obtained, absent from six consecutive meetings of the Board; or (e) is absent from the meetings of the Board for a period exceeding six consecutive months; (f) acts in contravention of the provisions of section 13. (2) The Chairman may resign from his office by tendering his resignation in writing to the State Government, but the resignat ion shall not take effect until it is accepted by the State Government. (3) A member of the Board, other than the ex-officio member and the members appointed under clause (a) of sub -section (4) of section 3 may resign from his office by tendering his resi gnation in writing to the Chairman who shall forward the same to the State Government, but resignation shall not take effect until it is accepted by the Suite Government. 7. Any person ceasing to be a member shall, disqualified under section 4, be eligible for reappointment. 8. (1) Any vacancy in office of the Chairman shall be filled, as soon as may be, in the same manner as provided in 4[sub-section (6)] of section 3. (2) Any vacancy in the office of a member of the Board other than that of the Term of office of members. Vacation of office of the Board's numbers. Eligibility of appointment. Filling of vacancies. The Gujarat Maritime Board Act, 1981 11 of 42 ex-officio member or of a member appointed under clause (a) of sub -section (4) of section 3 shall be filled as early as possible after the occurrence of such vacancy, by appointment of a member under the relevent clause: 5[ * * * * * * * * ] (3) Any vacancy in the office of a member appointed under clause (a) of sub - section (4) of Section 3 shall be filled as early as possible after occurrence of such vacancy by appointment of a member under the said clause. 6[ * * * * * * ] 9. If the Chairman is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise, in circumstances not involving the vacation of his appointment, or is sent on deputa tion outside India for any of the purposes of this Act. the Vice -Chairman, and in the absence of both the Chairman as well as the Vice Chairman, such persion, as the Slate Government may appoint, shall act as the Chairman : Provided that the Chairman whi le on deputation outside India may, if the State Government by order so directs and subject to such conditions and restrictions as may be specified in the order, exercise such of the power and perform such of the duties conferred or imposed on the Chairma n by or under this Act as he may deem necessary, and the Chairman while exercising such powers and performing such duties shall be deemed to be a member of the Board notwithstanding anything to the contrary contained in this Act. 10. (1) The Board shall hold meetings at such times and places, and shall subject to the provisions of sub -sections (2), (3) and (4), follow such procedure in regard to the transaction of business at its meetings as may be provided in the regulations. (2) The Chairman, and in his absence the Vice -Chairman, and in the absence of both the Chairman as well as Vice -Chairman, any person chosen by the members present from amongst themselves, shall preside at meetings of the Board. (3) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and, in the case of any equality of votes, the person presiding shall have a second or casting vote. (4) The number of members necessary to constitute a quorum at a meeti ng shall be such as may be provided in the regulations.7[ * * *] 11. (1) The Board may from time to time, constitute from amongst its members one or more committees each consisting of such number as the Board may consider necessary , for the purpose of discharging such of its duties and functions as may be delegated to such committee or committees by the Board. (2) A committee constituted under sub-section (1) shall meet at such time and at such place and shall follow such procedure in regard to the transaction of business at its meetings (including the quorum) as may be provided in the regulations. 12. The members shall be paid by the Board such fees and allowances for attending meetings of the Board or of any of its committees and for attending any work of the Board as may be provided in the rules: Provided that. (a) no fees shall be payable to the Chairman or any other member who is a member of Parliament or State Legislature or a servant of the State Government or the Board; (b) any allowances payable to a member who is a Member of Parliament or Absence of Chairman. Meeting of Board. Committee of the Board. Fees and allowances payable to members. The Gujarat Maritime Board Act, 1981 12 of 42 Suite Legislature shall not exceed the compensatory allowance as defined in clause (a) of section 2 of the Parliament (Prevention of Disqualifica tion) Act, 1959. or as the case may be, in the explanation in entry 11 in the Schedule to the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960. 13. A member of the Board or of a Committee thereof, who— (i) has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the Board or a Committee thereof, or (ii) is interested professionally on behalf of a client or as agent for any person other than the Government or an undertaking owned or controlled by the Government or a local authority or a trade union registered under the Trade Unions Act, 1926 or member of an association formed for the purpose of promoting the interests or welfare of any class of employees of the Board shall, as soon as possible alter relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minute s of the Board or, as the case may be, the committee, and the member shall not take part in any deliberation or decision of the Board or the committee with respect to that matter. 14. No act or proceedi ng of the Board or of any its committees shall be invalid merely by reason of,- (a) any vacancy therein or any defect in the constitution thereof; (b) any disqualification of or any defect in the appointment of, a person acting as a member thereof; or (c) any member having acted or taken part in any proceedings in contravention of section 13; (d) any irregularity in its procedure not affecting merits of the case. 8[15. The Board may, with the approval of the State Government, dire ct that such of the powers and duties conferred or imposed upon the Board by or under this Act as may be specified in such direction, may also be exercised or performed by the Chief Executive Officer subject to such conditions and restrictions as may be sp ecified in such direction: Provided that the Chief Executive Officer shall execise the powers and perform the duties specified in the direction subject to the supervision and the control of the Board.] 16. (1) It shall be the duty of the Chairman and the Vice -Chairman to attend every meeting of the Board unless prevented by sickness or other reasonable cause. (2) The Chairman shall, as soon as possible, transmit to the State Government a copy of the minutes of every meeting of the Boa rd and shall furnish to that Government such reports, returns, documents or other information as it may, from time to time call for. (3) The Chairman shall exercise supervision and control over the acts of all employees of the Board in the matters of exec utive administration and in matters concerning the accounts and records of the Board. CHAPTER III. STAFF OF THE BOARD. 9[17. (1) (a) The State Government shall appoint such person, as it may think fit, to be the Chief Executive Officer of the Board. (b) The terms and conditions of service of the Chief Executive Officer X of 1960. Members of Board of Committee not to vote in certain cases. 16 of 1926. Defects in appointments not to invalidate acts, etc. Delegation of powers. Duties of Chairman. Chief Executive Officer and other officers and servants of the Board. The Gujarat Maritime Board Act, 1981 13 of 42 shall be such as may be prescribed by the rules. (2) The Board shall appoint such person, as it may think fit, to be the Financial Controller-cum-Chief Accounts Officer with the previous, sanction of the State Government. The State Government may sanction such appointment on such terms and conditions as it thinks fit. (3) The Board may create such other posts and appoint such other officers and employees as it considers necessary for the efficient performance of the functions of the Board and determine by regulations their conditions of appointment and service and the remuneration payable to them : Provided that no person shall be appointed as a pilot at any port who is not for the time being authorised by the State Government under the Indian Ports Act, 1908 to pilot vessels at that port. (4) The Board shall from time to time prepare and sanction a Schedule of the officers and employees of the Board for whom it deems necessary, adequate and proper to maintain for the purposes of this Act and such Schedule shall indicate therein the designa tion and grades of such officers and employees and the salaries, fees and allowances which are proposed to be paid to them.] 1018. [Power to make appointments.] Deleted by Guj. 3 of 1996, s. 7. 10 [19. (1) Subject to any regulations, the power of granting extensi on of service to, granting leave to, suspending, reducing, removing or dismissing or of disposing of any other ques tion relating to the services of the officers and employees of the Board, including the power of dispensing with the service of any such officer and employee otherwise than by reason of the misconduct of such officer and employee, shall be exerecised by the Board or such authority as may be prescribed by regulations. (2) Any officer or employee of the Board aggrieved by an order involving his reduction in rank, removal or dismissal may, within such time and in such manner as may be provided for by regulations, prefer an appeal— (a) to the State Government, where such order is passed by the Chairman; (b) to the Chairman, where such order is passed by any such authority as may be prescribed by regulations.] CHAPTER IV. PROPERTY AND CONTRACTS. 20. (1) As from the appointed day, in relation to any port, (a) all property, assets an d funds and all rights to levy rates vested in the State Government for the purposes of the port immediately before such day, shall vest in the Board; (b) all debts, obligations and liabilities incurred, al l contracts entered into, and all matters and things engaged to be done by with or for the State Government immediately before such day, for or in connection with the purposes of the port shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Board; (c) all non -recurring expenditure incurred by the State Government for or in con nection with purposes of the port upto such day and declared to be capital expenditure by the State Governmen t shall be treated as the capital provided by the State Government to the Board (who shall repay the same at intervals and on terms and conditions as may be determined by the State Government); (d) all rates, fees, rents and other sums of money due to the State 15 of 1908. Disciplinary control over officers and employees by Board. Transfer of assets and liabilies of State Government to Board. Transfer of debts, obligations and liabilities. Transfer of capital to Board. Outstanding recovery of rates. The Gujarat Maritime Board Act, 1981 14 of 42 Government in relation to the port immediately before such day, shall be deemed to be due to the Board. (e) all suits and other legal proceedings instituted by or against the State Govern ment im mediately before such day for any matter in relation to port, may be continued by or against the Board; (f) every employee serving under the State Government immediately before such day solely or mainly for or in connection with the affairs of the minor port shall become an employee of the Board, shall hold his office or service therein by the same tenure and upon the same terms and conditions of service as he would have held the same if the Board had not been established and shall continue to do so unless and until his employ ment in the board is terminated or until his tenure, remuneration or terms and condition of service are duly altered by the Board: Provided that the tenure, remuneretion and terms and conditions of service of any such employee shall not be altered to his disadvantage without the previous sanction of the State Government. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947, or in any other law for the ti me being in force, the transfer of the services of any employee under this section to the Board shall not entitle such employee to any compensation under that Act or other law, and no such claim shall be entertained by any Court, Tribunal or other authority. 21. As from the appointed day, all rates, fees and other charges in relation to any port, shall unless and until they are varied by the competent authority in accordance with the provisions of th is Act, continue to be levied and collected at the same rate at which they were being levied and collected by the State Government before such day. 22. The Board shall repay at such intervals and on such terms and condi tions as the State Government may determine the amount which is treated under clause (c) of sub section (1) of section 20 as capital provided by the State Government, with interest at such rate as may be fixed by the State Government and such repayment of capital or payment of interest shall be deemed to be a part of the expenditure of the Board. 11["22A. The State Government may levy waterfront royalty on the basis of per ton cargo handled at minor ports which are under admini stration, control and management of the Beard, at such rate as the State Government may, by notification in the Official Gazette, fix and shall be payable to the State Government by the Board for the utilization of the State waterfront and such payment sha ll be deemed to be a part of the expenditure of the Board."]. 23. Where any immovable property is required for the purposes of the Board, the State Government may, at the req uest of the Board, procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894, and on payment by the Board of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the Board. 24. With respect to the making of contracts by the Board for the purposes of this Act. the following provisions shall have effect, namely :- (a) Every contract shall be made on behalf of the Board by the 12[ Chief Exequtive Officer ] or an officer authorised by the Board. 13[(b) (i) No contract in respect of leasing of waterfront, jetty, waterway and corresponding infrastructural facilities thereof for a term exceding five years shall be made unle ss it is previously approved by the State Government, on such terms and conditions as it may think fit. (ii) Suject to sub -clause (i) of this clause, no contract for acquisition or sale of immovable property or for the lease of any such property Suits and litigation. Terms and conditions of service of employees. 14 of 1947 Existing rates, etc. to continue until altered by Board. Repayment of Capital with interest. Levy of waterfront royalty. Procedure when immovable property cannot be acquired by agreement. 1 of 1984. Contracts by Board. The Gujarat Maritime Board Act, 1981 15 of 42 for a term exceeding thirty years shall be made unless it is previously approved by the State Government, on such terms and conditions as it may think fit] (c) The form and manner of executing contract on behalf of the Board shall be such as may be prescribed by rules. (d) No contract which is not made in accordance with the provisions of this Act and the rules shall be binding on the Board. CHAPTER V. WORKS AND SERVICES TO BE PROVIDED AT MINOR PORTS BY THE BOARD. 25. (1) The Board may subject to any other law for the time being in force execute such works within or without the limits of ports and provide such appliances as it may deem necessary or expedient. (2) Such work and appliances may include— (a) wharves, quays, docks, stages; jetties, piers, place of anchorage and other works within the port or port approaches or on the foreshore of the port or port approaches in the State, with all convenient arches, drains, landing places, stairs, fences, roads , bridges, tunnels and approaches, and buildings required for the residence of the employees of the Board as the Board may consider necessary; (b) buses, locomotives, rolling stock, sheds, hotels, warehouses and other accommodation for passengers and good s and other appliances for carrying passengers and for conveying, receiving and storing goods landed, or to be shipped or otherwise; (c) moorings and cranes, scales and all other necessary means and appliances for loading and unloding of vessels; (d) rec laming, excavating and raising and raising any part of the foreshore of the port or port approaches which may be necessary for the execution of the works authorised by this Act or otherwise for the purposes of this Act; (e) such break waters and other wor ks as may be expendient for the protection of the port; (f) dredgers and other machines for cleaning, widening, deepening and improving any portion of the port or port approaches or of the foreshore of the port or port approaches; (g) light -houses, light -ships, beacons, buoys, pilot boats and other appliances necessary for the safe navigation of the port and the port approaches in so far as it relates to State functions; (h) vessels, tugs, boats, barges and launches and lighters for the use within the li mits of the port or beyond those limits, whether in territorial waters or other wise, for the purpose of towing or rendering assistance to any vessel, whether entering or leaving the port or bound elsewhere and for the purposes of saving or protecting life or property and for the purpose of landing, shipping or transhipping passengers or goods under section 32; (i) sinking of tubewells and equipment, maintenance and use of boats, barges and other appliances for the purpose or the supply of water at the port; (j) engines and other appliances necessary for the extinguishing of fires; Power of Board to execute works and provide appliances. The Gujarat Maritime Board Act, 1981 16 of 42 (k) land abutting the sea coast including creeks; (l) ferry boats and other works and equipment appertaining to the running ferry service or between the ports; (m) construct ion of models and plans for carrying out hydraulic studies; (n) dry docks, slipways, boat basins and workshops to carry out repairs or overhaul ing of vessels, tugs, boats, machinery or other appliances.. 26. (1) The Board may undertak to carry out tin behalf of any person any works or services or any class of works or services, on such terms and conditions as may be agreed upon between the Board and the person concerned. (2) The Board may, if considers it neces sary or expedient in the public interest so to do, lend any of its vessels or appliances or the services of any of its employees to any person for such period not exceeding three months and on such terms and conditions as may be agreed upon between the Boa rd and the person concerned. 27. (1) When any dock, berth, wharf, quay, stage, jetty or pier erected at any port or port approaches under the provisions of this Act has been completed wi th sufficient ware houses, sheds and appliances for receiving landing or shipping goods or passengers from and upon sea going vessels, the Board may, after obtaining the approval of the Collector of Customs and by notification published in three consecutive issues of the Official Gazette, declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving landing and shipping or for landing or for shipping goods or passen- gers from and upon sea going vessels. (2) As from the date of the publication of such notification for the third time, it shall be lawful for the Board from time to time, when there is room at such dock, berth, wharf, quay, jetty or pier to order to come alongside of such dock, berth, quay, stage, j etty, pier or place of anchorage for the purpose of landing and shipping goods or passen gers or for landing or for shipping the same, any sea -going vessel within the port or port approaches which has not commenced to discharge goods or passengers or which being about to take in goods or passengers, has not commenced to do so : Provided that before making such order, the Board shall have regard, as far as pos sible, to the conveniences of such vessel and of the shippers, in respect of the use of any partic ular dock, berth, wharf, quay, stage, jetty, pier or place of anchorage: Provided further that if the Board is not the conservator of the port, the Board shall not itself make the order as aforesaid but shall require the conservator of the port, or other person exercising the rights, powers and authorities of the consevator of the port to make such order. 28. When a sufficient number of docks, berths, wharves, quays, stages, jetties or piers have been provided at any port or port approaches as aforesaid, the Board may, after obtaining the approval of the Collector of Customs and by notification published in three consecutive issues of the Official Gazette, direct that no goods or passengers shall be landed or shipped from or upon any seagoing vessel within the minor port or port ap proaches otherwise then at such docks, berths, wharves, quays, stages, jetties of piers, except with the sanction of the Board and in accor dance with such conditions as the Board may specify. 29. Any officer appointed by the Board in this behelf, may in cases of emergency or for any reason which appear s to him sufficient, by notice in writing, order the master or owner or agent of any seagoing vessels not to bring such vessel alongside of, or remove such vessel from, any dock, berth, wharf, quay, stage, jetty, pier or anchorage Power of Board to undertake certain works. Power of Board to order seagoing vessels to use docks wharves, etc. If accommodation sufficient, all sea going vessels com- pelled to use docks wharves, etc. Power to order vesels not to come along-side of, or to be removed from docks wharves, etc. The Gujarat Maritime Board Act, 1981 17 of 42 belonging to or under the control of the Board and if, such notice is not complied with, the Board may charge in respect of such vessel such sum as it thinks fit, not exceeding one thousand rupees for each day of twenty four hours or portion of such day, during which such vessel r emains at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage: Provided that in the case of a vessel ordered to be removed, such charge shall not commence to be made till after the expiry of twelve hours from the service of such notice as aforesaid on the master or owner or agent of the vessel. 30. Notwithstanding anything contained in section 27 or 28 the State Government may, if in its opinion it is necessary in the public interest so to do, by general or special order from time to time permit certain specified vessels or classes of vessels to discharge or ship goods or certain specified goods or classes of goods at such place in a port or within the port appr oaches, in such manner, during such period and subject to such payments to the Board and on such conditions as the State Government may think fit. 31. (1) When any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for receiving, landing or shipment of goods or passengers from or upon vessels, not being sea -going vessels, has been made and completed with all proper appliances in that behalf, th e Board may, after obtaining the approval of the Collector of Customs, by order published in the Official Gazette- (i) declare that such, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing or shipment of goods or passenger from or on vessels not being sea going vessels, and (ii) direct that within certain limits to be specefied therein it shall not be lawful without the express sanction of the Board, to land or ship any goods or passengers, out of, or into, any vessel n ot being, sea - going vessels of any class, specified in such order, except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage, (2) As from the date of the publication of the order mentioned in sub -section (1) it shall not be lawful, without the consent of the Board, for any vessel of such class— (i) to land or ship any goods or passengers at any place within the limits so speci fied except at such dock, berth, wharf, quay, statge, jetty, pier or place of anchorage. (ii) while within such limits, to anchor, fasten or lie within fifty yards of the ordinary low-water mark. (3) If after publication of such order, any such vessel shall, while within the limits so specified, so anchor, faster or lie, it shall be lawful for the Board to cause the same to be removed out of the said limits at the expense of the master or owner or agent of the vessel. 32. (1) The Board shall have power to undertake the following services :- (a) stevedoring, landing, shipping or transhipping passengers and goods between vessels in port and the wharves, piers, quays, or docks belonging t
Excerpt shown. Open the full act in Lexace.