Vidhi Codex

Bare Act

The Gujarat Maritime Board Act, 1981

Infrastructure1981117 sections11 chapters

This Act establishes the Gujarat Maritime Board to manage and develop minor ports within the state of Gujarat. It applies to all minor ports, including their docks, foreshore areas, and related infrastructure, ensuring they function efficiently for trade and transport. By creating a dedicated board, the law provides a structured framework for the administration of these ports, allowing for the regulation of activities, collection of rates, and financial management through the issuance of securities. This ensures that Gujarat's smaller harbors are developed and maintained to support economic growth and maritime commerce effectively.

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Chapter I PRELIMINARY →

  1. 1Short title, extent, commencement and application
  2. 2Definitions

Chapter II ESTABLISHMENT OF GUJARAT MARITIME BOARD →

  1. 3Establishment of Gujarat Maritime Board
  2. 4Disqualifications of members
  3. 5Term of office of members
  4. 6Vacation of office of the Board's members
  5. 7Eligibility of appointment
  6. 8Filling of vacancies
  7. 9Absence of Chairman
  8. 10Meeting of Board
  9. 11Committee of the Board
  10. 12Fees and allowances payable to members
  11. 13Members of Board of Committee not to vote in certain cases
  12. 14Defects in appointments not to invalidate acts, etc
  13. 15Delegation of powers
  14. 16Duties of Chairman

Chapter III STAFF OF THE BOARD →

  1. 17Chief Executive Officer and other officers and servants of the Board
  2. 18Power to make appointments
  3. 19Disciplinary control over officers and employees by Board

Chapter IV PROPERTY AND CONTRACTS →

  1. 20Transfer of assets and liabilities of State Government to Board
  2. 22Repayment of Capital with interest.
  3. 22ALevy of waterfront royalty.
  4. 23Procedure when immovable property cannot be acquired by agreement.
  5. 24Contracts by Board.

Chapter V WORKS AND SERVICES TO BE PROVIDED AT MINOR PORTS BY THE BOARD →

  1. 25Power of Board to execute works and provide appliances.
  2. 26Power of Board to undertake certain works.
  3. 27Power of Board to order seagoing vessels to use docks wharves, etc.
  4. 28If accommodation sufficient, all sea going vessels compelled to use docks wharves, etc.
  5. 29Power to order vesels not to come along-side of, or to be removed from docks wharves, etc.
  6. 30Power of Government to exempt vessels from obligation to use wharves, etc.
  7. 31Board to declare when vessels other than sea going vessels compelled to use dock, wherves, etc.
  8. 32Performance of services by Board or other person.
  9. 33Responsibility of Board for loss, etc. of goods.
  10. 34Accommodation to be provided for customs officers in wharves, etc, appointed under Customs Act, 1962.
  11. 35Power to permit erection of private wharves, etc. within a port subject to conditions.
  12. 36Compensation payable in certain cases where use of any private wharf, etc rendered unlawful.

Chapter VI IMPOSITION AND RECOVERY OF RATES AT PORTS →

  1. 37Scales of rates for service performed by Board or other person
  2. 38Scales of rates and statement of conditions for use of property belonging to Board
  3. 39Consolidated rates of combination of services
  4. 40Power to levy concessional rates in certain cases
  5. 41Prior sanction of State Government to rates and conditions
  6. 42Power of State Government to require modification or cancellation of rates
  7. 43Remission of rates or charges
  8. 44Refund of overcharges
  9. 45Notice of payment of charges short levied or erroneously refunded
  10. 46Time for payment of rates on goods
  11. 47Board's lien for rates
  12. 48Shipowner's lien for freight and other charges
  13. 49Sale of goods after two months if rates or rent are not paid or len for freight is not discharged.
  14. 50Disposal of goods not removed from premises of Board whithin time limit
  15. 51Application of sale proceeds.
  16. 52Recovery of rates and charges by distrain of vessel.
  17. 53Grant of port clearance after payment of rates, realisation of damages, etc.

Chapter VII BORROWING POWERS OF BOARD →

  1. 54Power to raise loans.
  2. 55Board securities.
  3. 56Right of joint or several payees of securities.
  4. 57Power of one or two or more joint holders to grant receipts.
  5. 58Endorsements to be made on a security itself.
  6. 59Endorsement of security not liable for amount thereof.
  7. 60Impress on of signature on securities.
  8. 61Issue of duplicate security.
  9. 62Issue of converted, etc. securities.
  10. 63Discharges in certain cases.
  11. 64Security for loans taken by the Board.
  12. 65Remedies of Government in respect of loans made to Board.
  13. 66Power of Board to repay loans before due date.
  14. 67Establishment of sinking fund.
  15. 68Investment and application of sinking fund.
  16. 69Examination of sinking fund.
  17. 70Powers of Board to raise loans on short terms bills.
  18. 71Powers of Board to take temporary loans or overdrafts.
  19. 72Power of Board to borrow money from International Bank for reconstruction and development or other foreign institutions.

Chapter VIII REVENUE EXPENDITURE →

  1. 73General account of port.
  2. 74Application of moneys in general accounts.
  3. 75Power to transfer moneys from general account to specified particular account and vice-varsa.
  4. 76Establishment of Reserve Funds.
  5. 77Power to reserve Maritime Board securities for Board's own investments.
  6. 79Works requiring sanction of Board or State Government.
  7. 80Power of Chairman as to execution of works.
  8. 81Power of Board to compound or compromise claims.
  9. 82Writing off losses.
  10. 83Power etc, of Board as conservator.
  11. 84Budget estimates.
  12. 85Preparation of supplemental estimates.
  13. 86Reappropriation of amounts in estimate.
  14. 87Adherence to estimate except in emergency.
  15. 88Accounts and audit.
  16. 89Publication of audit report
  17. 90Board to remedy defects and irregularities pointed out in audit report
  18. 91Stale Government to decide difference between Board and auditors.

Chapter IX SUPERVISION AND CONTROL OF STATE GOVERNMENT →

  1. 92Administration Report.
  2. 93Submission of statements of income and expenditure to State Government
  3. 94Power of State Government to supersed Board.
  4. 95Power of State Government to give directions to Board.

Chapter X PENALTIES →

  1. 96Persons employed under this Act to be public servants for certain purpose.
  2. 97Penalty for contravention of sections 27, 28, 30 and 31.
  3. 98Penalty for setting-up wharves, quays, etc. without permission.
  4. 99Penalty for evading rates, etc.
  5. 100Recovery of value or damage to property of Board.
  6. 101Person interested in contracts, etc. with the Board to be deemed to have committed an offence under section 168 of the Indian Penal Code.
  7. 102Other offences
  8. 103Cognizance of offences.
  9. 104Offence by companies.

Chapter XI MISCELLANEOUS →

  1. 105Constitution of State Ports Consultative Committee.
  2. 106Local Advisory Committee.
  3. 107Limitation of proceedings in respect of things done under Act.
  4. 108Protection of act done in good faith.
  5. 109Power of the State Government to make rules.
  6. 110General power to make regulations.
  7. 111Provisions with respect to regulations.
  8. 112Power of State Government to direct regulations to be made or to make regulations.
  9. 113Power of Sate Government to make first regulations.
  10. 114Posting of certain regulations, etc.
  11. 115Saving of right of Government and municipalities to use wharves, etc. for collection of duties and power of Customs officers.
  12. 116Application of provisions of act to air craft.
  13. 117Powrer to remove difficulties.
  14. 118Repeal and savings.

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