GUJARAT MARITIME BOARD ACT, 1981
(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.
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
(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 name 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 office of the Board shall be at such place as the State Government may, by notification in the Official Gazette, direct.
1[(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 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:
Provided that no person shall be deemed to have share or interest in such work, contract or employment by reason only of his--
(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 pleasure of the Government and in any case not exceeding a period of three years commenting on the 1st day of April next following his appointment, and the member appointed under clause (a) of sub-section (4) of section 3 shall hold office during the pleasure of the Suite Government.
(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 resi
Any persion ceasing to be a member shall, disqualified under section 4, be eligible for reappointment,
(1) Any vacancy in office of the Chairman shall be filled, as soon as may be, in the same manner as provided in 1 [sub-section (6)] of sections.
(2) Any vacancy in the office of a member of the Board other than that of the 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:
Provided that where any vacancy occurs in the office of any such member within three months preceding the date on which the term of the office of such member expires under section 5, it shall not be filled.
(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 occurr
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 deputation 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 State Government may appoint, shall act as the Chairman :
Provided that, the Chairman while on deputation outside India may, if the Suite 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 Chairman 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 notwith
(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 (he 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 meeting shall be such as may be provided
(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.
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 State Legislature shall not exceed the compensatory allowance as defined in clause (a) of section 2 of the Parliament (Prevention of Disqualification) Act, 1959. or as the ease may be. in the explanation in entry 11 in the Schedule to the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960,[X of 1960].
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 oilier 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,[16 of 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 after relevant circumstances' have come to his knowledge, disclose the nature of his interest, at such meeting and the disclosure shall be recorded in the minutes of (he Board or, as the case may be the committee, and the member sh
No act or proceeding 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.
The Board may, with the approval of the State Government, direct 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 specified 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.]
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1. Section 15 was substituted by Gujarat 3 of 1996, chapter 5.
(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 Board 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 executive administration and in matters concerning the accounts and records of the Board.
1[17. Chief Executive Officers and other Officers and servants of the Board
(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 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
1[18. Deleted
[Power to make appointments.] Deleted by Gujarat 3 of 1996, section 7.
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1. Section 19 was substituted, Gujarat 3 of 1996, e. 8.
1[19. Disciplinary control over officers and employment by Board
(1) Subject to any regulations, the power of granting extension of service to, granting leave to, suspending, reducing, removing or dismissing or of disposing of any other question 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 exercised 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,
(1) As from the appointed day, in relation to any port,
(a) all property, assets and 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;
Transfer of debts, obligations and liablities
(b) all debts, obligations and liabilities incurred, all 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;
Transfer of capital to Board
(c) all non-recurring expenditure incurred by the State Gov
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 this 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.
The Board shall repay at such intervals and on such terms and conditions 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.
Where any immovable property is required for the purposes of the Board, the State Government may, at the request of the Board, procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894, [1 of 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.
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 the1[Chief Exequtive Officer] or an officer authorised by the Board.
2[(b)(i) No contract in respect of leasing of waterfront, jetty, waterway and corresponding infrastructural facilities thereof for a term exceeding five years shall be made unless it is previously approved by the State Government, on such terms and conditions as it may think fit.
(ii) Subject to Sub-clause (i) of this clause, no contract for acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years shall be made unless it is previously approved by the State Government, on such t
(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 goods and other appliances for carrying passengers and fo
(1) The Board may undertake to carry out on 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 necessary 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 Board and the person concerned.
(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 with sufficient warehouses, 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 passengers 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
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 approaches otherwise then at such docks, berths, wharves, quays, stages, jetties of piers, except with the sanction of the Board and in accordance with such conditions as the Board may specify.
Any officer appointed by the Board in this behalf, may in cases of emergency or for any reason which appears 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 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 remains 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 th
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 approaches, 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.
(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, the 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 seagoing 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 not being, sea-going vessels of any class, specified in such order, except at su
(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 to or in the possession of the Board;
(b) receiving, removing, shifting, transporting, storing or delivering goods brought within the Board's premises;
(c) caning passengers within the limits of the port or port approaches, by such means and subject to such restrictions and conditions as the State Government may think fit to impose; and
(d) piloting, hauling, mooring, remooring, hooking or measuring of vessels or any other service in respect of vessels.
(2) The Board may, if so requested by th
(1) Subject to the provisions of this Act, the responsibility of the Board for the loss, destruction or deterioration of goods of which it has taken charge shall--
(i) in the case of goods received for carriage by railway, be governed by the provisions of the Indian Railways Act, 1890, [IX of 1890], and
(ii) in other cases, be that of a bailee under sections 151,152 and 161 of the Indian Contract Act, 1872, [IX of 1872], omitting the words "in the absence of any special contract" in section 152 of that Act:
Provided that no responsibility under the section shall attach to the Board,-
(a) until a receipt mentioned in sub-section (2) of section 32 is given by the Board; and
(b) after the expiry of such peri
(1) Where the Collector of Customs has, under the provisions of any Act for the levy of duties of customs, appointed any dock, berth, wharf, quay, stage, jetty, pier, place of anchorage, warehouse or shed or a portion of any warehouse or shed provided at any port under the provisions of this Act for the use of sea-going vessels to be an approved place for the landing or shipping of goods or a warehouse for the storing of dutiable goods on the first importation thereof without payment of duty, within the meaning of the first-mentioned Act, the Board shall set apart and maintain such place on or adjoining such dock, wharf, quay, stage, jetty, pier, or a place of anchorage or in such warehouse or shed or portion thereof, for the use of officers of customs as may be necessary, [52 of 1962].
(2) Notwithstanding that any dock, berth, wharf, quay, stage, jetty, pier, place of anchorage, w
(1) No person shall make, erect of fix within the limits of a port or port approaches any wharf, dock, quay, stage, jetty, pier, place of anchorage, erection or mooring or undertake any reclamation of foreshore within the said limits except with the previous permission in writing of the Board and subject to such conditions, if any, as the Board may specify.
(2) If any person makes, erects or fixes any wharf, dock, quay, stage, jetty, pier, place of anchorage, erection or mooring or undertakes reclamation of foreshore in contravention of sub-section (1), the Board may, by notice require such person to remove it. within such time as may be specified in the notice and if the person fails so to remove it, the Board may cause it to be removed at the expense of that person.
(1) Where, as a result of an order published under section 28, or section 31, the use of any wharf, dock, quay, stage, jetty, pier, place of anchorage, made, fixed or erected by any person is rendered unlawful, the Board may, after hearing the person concerned, by order, close, remove, fill up or destroy such wharf, dock, quay, stage, jetty, pier, place of anchorage, or permit the use thereof to such person on payment of such rates and charges as the Board may, with the pervious sanction of the State Government, determine.
(2) Save as otherwise provided under sub-section (3) no person shall be entitled to claim compensation for any injury, damage or loss caused or alleged to have been caused by an order made under sub-section (1).
(3) If it is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty, p
(1) The Board shall from time to time frame a scale of rates at which and a statement of the conditions under which any of the services specified hereunder shall be performed by itself or any person authorised under section 32 at or in relation to the port or port approaches--
(a) transhipping of passengers or goods between vessels in the port or port approaches;
(b) stevedoring, landing and shipping of passengers or goods from or to such vessels, to or from any wharf, quay, jetty, pier, dock, berth, mooring stage, or erection, land or building in the possession or occupation of the Board or at any place within the limits of the port or port approaches;
(c) cranage or porterage of goods on any such place;
(d) wharfage, storage or demurrage of goods
(1) The Board shall, from time to time also frame a scale of rates on payment of which and a statement of conditions under which any property belonging to, or the possession or occupation of, the Board or any place within the limits of the port or port approaches may be used for the purposes specified hereunder:--
(a) approaching or lying at or alongside any buoy, mooring, wharf, quay, pier, dock, land, building or place as aforesaid by vessels;
(b) entering upon or playing for hire at or on any wharf, quay, pier, dock; land, building, road, bridge, approach or place as aforesaid by animals or vehicles carrying passengers or goods;
(c) leasing of land or sheds by owners of goods imported or intended for export or by steamer agents;
(d) any other use
The Board may, from time to time, frame a consolidated scale of rates for any combination of the services specified in section 37 or for any combination of such service or services with any user or permission to use any property belonging to or in the possession or occupation of the Board, as specified in section 38.
In framing scales of rates under any of the foregoing provisions of this Chapter, the Board may prescribe a lower rate in respect of :-
(a) coastal goods, that is to say, goods other than imported goods as defined in the Customs Act, 1962, [52 of 1962], carried in a vessel from one Indian Port to another Indian Port:
Provided that the Board shall not make any discrimination between one Indian port and another such port in prescribing a lower rate under this section ;
(b) Other goods in special cases.
Every scale of rates and every statement of conditions framed by the Board under the foregoing provisions of this Chapter shall be submitted to the State Government for sanction and shall have effect when so sanctioned and published by the Board in Official Gazette.
(1) Whenever the State Government considers it necessary in the public interest so to do, it may, by order in writing together with a statement of reasons therefor, direct the Board to cancel any of the scales in force or modify the same within such period as that Government may specify in the order.
(2) If the Board to whom a direction is givin under sub-section (1) fails or neglects to comply with such direction within the specified period, the State Government may cancel any of such scales or make such modifications therein as it may think fit:
Provided that before so cancelling or modifying any scale the State Government shall consider any objection or suggestion which may be made by the Board during the specified period.
(3) When in pursuance of this section any of the scales has been can
The Board may, in special cases, and for reasons to be recorded in writing, exempt either wholly or partially any goods, vehicles, or vessels or class of goods, vehicles or, vessels from the payment of any rate or of any charge leviable in respect thereof according to any seal of rates in force under this Act or remit the whole or any portion of such rate or change so levied.
No person shall be entitled to a refund of an overcharge made by the Board unless his claim to the refund has been preferred in writing by him or on his behalf to the Board within six months from the date of payment duly supported by all original relevant documents:
Provided that the Board may, of its own motion remit overcharges made in its bills at any time.
(1) When the Board is satisfied that any charge leviable under this Chapter has been short levied or erroneously refunded, it may issue a notice to the person who is liable to pay such charge or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice :
Provided that no such notice shall be issued after the expiry of three years--
(a) when the charge is short levied, from the date of the payment of the charge;
(b) where a charge has been erroneusly refunded, from the date of the refund.
(2) The Board may after considering the representation if any made by the person to whom notice is issued under sub-section (1), determine the amount due from such person and thereupon such per
Rates in respect of goods to be landed shall be payable immediately on the landing of the goods and rates in respect of goods to be removed from the premises of the. Board or to be shipped for export or be transhipped shall be payable before the goods are removed, shipped or transhipped.
(1) For the amount of all rates leviable by the Board under this Act in respect of any goods and for the rent due to the Board for any building, plinths, stackings are as or other premises on or in which any goods may have been placed, the Board shall have a lien on such goods and may seize and detain the same until such rates and are fully paid.
(2) Such lien shall have priority over all other liens and claims, except for general average and for the shipowner's lien upon the said goods for freight and other charges where such lien exists and has been preserved in the manner provided in sub-section (1) of section 48 and for money payable to the Central Government under any law for the time being in force, relating to customs other than by way of penalty or fine and to the State Government under any law for the time being in force.
(1) If the master or owner of any vessel or his agent at or before the time of landing from such vessels and goods at any dock, wharf, quay, stage, jetty, berth, mooring or pier belonging to or in occupation of the Board, gives to the Board a notice in writing that such goods are to remain subject to alien for freight or other charges payable to the shipowner, to an amount to be mentioned in such notice, such goods shall continue to be liable to such lien to such amount.
(2) The goods shall be retained in the custody of the Board at the risk and expense of the owners of the goods until such lien is discharged as hereinafter mentioned and godown and storage rent shall be payable by the party entitled to such goods for the time during which they may be so retained.
(3) Upon the production before any officer appointed by the Board in that b
(1) The Board may, after the expiry of two months from the time when any goods have passed into its custody, or in the case of animals and perishable or hazardous goods after the expiry of such shorter period not being less than twenty four hours after the landing of the animals or good as the Board, may think fit, sell by public auction or in such cases as the Board considers it necessary so to do, for reasons to be recorded in writing, sell by tender, private aggreement or in any other manner such goods or so much thereof as in the opinion of the Board may be necessary:--
(a) if any rates payable to the Board in respect of such goods have not been paid, or
(b) if any rent payable to the Board in respect of any place on or in which such goods have been stored has not been paid, or
(c) if any
(1) Notwithstanding anything contained in this act, where any goods placed in the custody of the Board upon the landing thereof are not removed by the owner or other person entitled thereof from the premises of the Board within one month from the date on which such goods were placed in their custody, the Board may, if the address of such owner or person is known, cause a notice to be served upon him by letter delivered at such address or sent by post, or if the notice cannot be so served upon him or his address is not known, cause a notice to be published in the Official Gazette, and also in at least one of the, principal local daily newspapers, requiring him to remove the goods forthwith and stating that in default of compliance therewith the goods are liable to be sold by public auction or by tender, private agreement or in any manner:
Provided that where all the rates and charge
(1) The proceeds of every sale under section 49 or section 50 shall be applied in the following order :--
(a) in payment of the expenses of the sale ;
(b) in payment, according to their respective priorities, of the liens and claims excepted in sub-section (2) of section 47 from the priority of the lien of the Board.
(c) in payment of the rates and expenses of landing, removing, storing or warehousing the same, and of all other charges due to the Board in respect thereof including demurrage (other than the penal demurrage) payable in respect of such goods for a period of four months from the date of landing ;
(d) in payment of any penalty or fine due to the Central Government under any law for the time being in force relating to customs :
&
(1) If the master of any vessel in respect of which any rates or penalties are payable under this Act, or under any regulations or orders made in pursunce thereof, refuses, or neglects to pay the same or any part thereof on demand, the Board may distrain or arrest such vessel and the tackle, appared and furniture belonging thereto or any part thereof and detain the same until the amount so due to the Board, together with such further amount as may accrue for any period during which the vessel is under distraint or arrest is paid.
(2) In case any part of the said rates or penalties or of the cost of the distress of arrest or the keeping of the same, remains unpaid for the space of five days next after any such distress or arrest has been so made, the Board may cause the vessel or other thing so distrained or arrested to be sold and with the proceeds of such sale, shall satisfy such
If the Board gives to the officer of the Contral Government whose duty is to grant the port clearance to any vessel at the port, a notice stating--
(i) that an amount specified therein is due in respect of rates, fines, penalties or expenses chargeable under this Act or under any regulations or orders made in pursuance thereof, against such vessel, or by the owner or master of such vessel in respect thereof, or against or in respect of any goods on board such vessel; or
(ii) that an amount specified therein is due in respect of any damage referred to in section 100 and such amount together with the cost of the proceedings for the recovery thereof before a Magistrate under that section has not been realised, such officer shall not grant such port-clearance until the amount so chargeable or due has been paid or, as the case may be, the dam
(1) A Board may raise loans with the previous sanction of the Government on such terms and conditions as may be prescribed by the State Government for the purposes of this Act.
(2) Loans may be raised by the Board in the open market on Board securities issued by it or may be obtained from the Government or a bank approved by the Government.
(3) The terms of all loans shall be subject to the approval of the State Government.
(1) The Board may with the sanction of the State Government prescribe the form in which the securities of the Board shall be issed by the Board and the mode in which, and the conditions subject to which, they may be transferred.
(2) The holder of any board security in any form may obtain in exchange therefor, upon such terms as the Board may from time to time determine a Board security in other form prescribed by regulations.
(3) The right to sue in respect of money secured by the Board securities shall be exercisable by the holders thereof for the time being without preference in respect of priority of date.
(1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, [9 of 1872],--
(a) when any Maritime Board's security is payable to two or more persons jointly and either or any of them dies, the Maritime Board's security shall be payable to the survivor or survivors of those persons, and
(b) when any such security is payable to two or more persons severally and either or any of them dies, the security shall be payable to the survivor or survivors of those persons or to the representatives of the deceased or to any of them.
(2) This section shall, apply whether such death occurred or occurs before or after the appointed day.
(3) Nothing herein contained shall after any claim which any representative of a deceased person may
Where two or more persons are joint holders of any Board security, any one of those persons may give an effetual receipt for any interest payable in respect of such security unless notice to the contrary has been given to the Board by any other of the holders.
Notwithstanding anything in section 15 of the Negotiable Instruments Act, 1881, [XXVI of 1881], no endorsement of a Board security which is transferable by endorsement shall be valid unless made by signature of the holder inscribed on the back of the security itself.
Notwithstanding anything in the Negotiable Instruments Act, 1881, [XXVI of 1881], a person shall not by reason only of his having endorsed any Board security be liable to pay any money due either as principal or as interest thereunder.
(1) The signature of the person authorised to sign Board securities on behalf of the Board may be printed, engraved or lithographed or impressed by such other mechanical process as the Board may direct on such securities.
(2) A signature so printed, engraved, lithographed impressed shall be as valid as if it had been inscribed in the proper handwriting of the person so authorised.
(1) When any Board security is alleged to have been lost, stolen or destroyed either wholly or in part and a person claims to be the person to whom but for the loss, theft or destruction it would be payable, be may, on application to the Board and on producing proof to its satisfaction of the loss, theft or destruction and of the justice of the claim and on payment of such fee, if any, as may be prescribed by regulations, obtain from the Board an order for--
(a) the payment of interest in respect of the security said to be lost, stolen, or destroyed, pending the issue of a duplicate security; and
(b) the issue of a duplicate security payable to the applicant.
(2) An order shall not be passed under sub-section (1) until after the issue by the Board of the notification of the loss, theft or dest
(1) The Board may, subject to such conditions as it may prescribe, on the application of a person claiming to be entitled to a Board security or securities issued by it, on being satisfied of the justice of the claim and on delivery of the security or securities receipted in such manner and on payment of such fee, if any, as it may prescribe, convert, consolidate or subdivide the security or securities, and issue to the applicant a new security or securities accordingly.
(2) The conversion, consolidation or sub-drivision referred to in sub-section (1) may be into security or securities of the same or diffierent classes or of the same or different loans.
Notwithstanding anything contained in the Indian Limitation Act, 1963, [XXXVI of 1963]---
(i) on payment of the amount due on a Board security on or after the date on which payment becomes due to, or
(ii) when a duplicate security has been issed under section 61. or
(iii) when a new security or securities has or have been issed upon conversion, consolidation or sub-division under section 62,
the Board shall be discharged from all liabilities in respect of the security or securities so paid or in place of which a duplicate or new security or securities has or have been issued--
(a) in the case of payment, after the lapse of six years from the date on which payment was due;
All loans raised by the Board under this Act shall be a first charge on--
(a) the property vested or which may hereafter during the currency of the loans become vested in the Board other than--
(i) any sum set apart by the Board--
(1) as the sinking fund for the purpose of paying off any loan; or
(2) for the payment of pension to its employees; or
(ii) the provident or pension fund established by the Board; and
(b) the rates leviable by the Board under this Act.
The Government shall have in respect of loans made by it to the Board the same remedies as holders of Board securities issued by the Board; and the Government shall not be deemed to possess any prior or greater rights in respect of such loans than holders of such Board securities : "
Provided that when the terms of any such loan made before the appointed day expressly provide that the loan shall have priority over all other loans in the matter of repayment by the Board, such loan shall have priority.
The Board may, with the previous sanction of the State Government apply any sums out of moneys which may come into its bands under the provisions of this Act and which can be so applied without prejudicing the security of the other holders of the Board securities, in repaying to the Government any sum which may remain due to it in respect of the principal of any loan although the time fixed for the repayment of the same may not have arrived:
Provided that no such repayment shall be made of any sum less than ten thousand rupees; and that if such repayment is made, the amount of interest in each succeeding instalment shall be so adjusted as to represent exactly the interest due on the outstanding principal.
(1) If in respect of a loan raised by the Board under this Act which is not repayable before the expiration of one year from the date of the loan, the State Government by an order in writing so directs the Board shall set apart half yearly out of its income, as a sinking fund, a sum sufficient to liquidate the loan within a period which shall not in any case unless the previous consent of the State Government has been obtained exceed twenty five years; but the maximum period shall not in any case exceed forty years:
Provided that a sinking fund need not in the absence of any stipulation to that effect be established in the case of loans taken by the Board from the Central Government or any State Government.
(2) Where any sinking fund has, before the appointed day, been established by any authority in respect of a loan raised by it, for w
(1) The sums so set apart by the Board under sub-section (1) of section 67 and the sums forming part of any sinking fund referred to in sub-section (2) of that section shall be invested in public securities or in such other securities as the State Government may approve in this behalf and shall be held by Board in trust for the. purposes of this Act.
(2) The Board may apply the whole or any part of the sums accumulated in any sinking fund in or towards the discharge of the moneys for the repayment of which the fund has been established:
Provided that it pays into the fund in each year and accumulates until the whole of the moneys borrowed are discharged, a sum equivalent to the interest which would have been produced by the sinking fund or the part of the sinking fund so applied.
(1) A sinking fund established for the liquidation of any loan shall be subject to annual examination by such person as may be appointed by the State Government in this behalf and the person so appointed shall ascertain whether the cash and the current market value of the securities at the credit of the fund are actually equal to the amount which would have been accumulated if, investment had been regularly made and the rate of interest as originally estimated had been obtained thereon.
(2) The Board shall pay forthwith into the sinking fund any amount which the person appointed under sub-section (1) to conduct the annual examination of the fund may certify to be deficient unless the State Government specifically sanctions a gradual readjustment.
(3) If the cash and current maket value of the securities at the credit of a sinking fund ar
Nothing contained in this Act shall be deemed to affect the power of the Board to raise loans under the Local Authorities Loans Act, 1914, [IX of 1914].
Notwithstanding anything contained in this Act the Board may--
(i) borrow moneys by means of temporary overdraft or otherwise by placing the securities held by the Board in its reserve fund or on security of the fixed deposits of the Board in its banks ;
(ii) obtain advances from such banks on pledge or hypothecation of its current assets without the previous sanction of the State Government;
Provided that such temporary overdrafts or other loans--
(a) shall not at any time have a longer currency than six months; and
(b) shall not be taken, without the previous sanction of the State Government, if at any time in any year the amount of such overdrafts, or other loans exceeds such amount not exceeding ten l
All moneys received by or on behalf of a Board under the provisions of this Act and all moneys received by it as the Conservators of the Ports and of their approaches or as the body appointed under section 36 of the Indian Ports Act, 1908, [15 of 1908], shall be credited to a find called the General Account of the Minor Ports.
(1) The moneys credited to the general account under section 73 shall be applied by the Board in payment of the following charges, namely :--
(a) the interest and instalments of principal due in respect of any loan that may have been raised or obtained by the Board or for the repayment of which the Board may be liable and payments to the sinking fund established for such loan;
(b) the salaries, fees, remunerations, allowances, pensions, gratutities, compassionate allowances or other moneys due to-
(i) the Chairman, and other member of the Board;
(ii) the employees of the Board; and
(iii) the surviving relatives, if any, of such employees;
(c) the contributions,
The Board may, with the previous sanction of the State Government, apply any sum out of the moneys credited to the general account of the port towards meeting deficits, if any, in the particular or specified account such as pilotage account, if so maintained or transfer the whole or part of any surplus funds in such particular account to the general account of the port.
The Board may from time to time set apart such sums out of its surplus income as it thinks fit as a reserve fund or funds for the purpose of expending existing facilities or creating new facilities at the ports or for the purpose of providing against any temporary decrease of revenue or increase of expenditure from transient causes or for purposes of replacement or for meeting expenditure arising from loss or damage from fire, cyclone, shipwrecks or other accident or for any other emergency arising in the ordinary conduct of its works under this Act:
Provided that the sums set apart annually in respect of, and the aggregate at any time of, any such reserve fund or funds shall not exceed such amount as may, from time to time be fixed in that behalf by the State Government.
(1) For the purposes of any investment which the Board is authorised to make under this Act, it shall be lawful for the Board to reserve and set apart any securities to be issued by it on account of any loan to which the consent of the State Government has been given, provided that the intention to so reserve and set apart such securities has been notified as a condition to the issue of the loan.
(2) The issue by the Board of such securities direct to and in the name of the Board shall not operate to extinguish or cancel such securities, but every security so issued shall be valied in all respects as if issued to, and in the name of, any other person.
(3) The purchase by the Board or the transfer, assignment or endorsement to the Board of any security issued by the Board, shall not operate to extinguish or cancel any such security but th
(1) No expenditure shall be charged by the Board to capital without the previous sanction of the State Government:
Provided that the Board may without such sanction charge to capital expenditure not exceeding such limit as may be specified and subject to such conditions as may be imposed by the State Government.
(2) Nothing in sub-section (1) shall be deemed to require the further sanction of the State Government in any case where the actual expenditure incurred as a charge to capital exceeds the expenditure sanctioned in this behalf by the State Government unless the excess is more than ten per cent, of the expenditure so sanctioned.
(1) No new work or applicance the estimated cost of which exceeds such amount as may be fixed by the State Government in this behalf, shall be commenced or provided by the Board, not shall any contract be entered into by the Board in respect of any such new work or applicance until a plan of an estimate for such work or applicance has been submitted to, and approved by the Board; and in case the estimated cost of any such new work or appliance exceeds such amount, as may from time to time, be fixed by the Suite Government in this behalf, sanction of the State Government to the plan and estimate shall be obtained before such work is commenced or appliance provided.
(2) Nothing in sub-section (1) shall be deemed to require the further sanction of the State Government in any case where the actual expenditure incurred does not exceed by more than ten percent, the estimated cost so sanc
Notwithstanding anything contained in section 79, the1[Chief Executive Officer] may direct the execution of any work the cost of which does not exceed such maximum limit as may be fixed by the State Government in that behalf and may enter into contracts for the execution of such works, but in every such case the1[Chief Executive Officer] shall, as soon as possible, make a report to the Board of any such directions given or contracts entered into by him.
______________________
1. These words were substituted for the word "Chairman" by Gujarat 3 of 1996, section 11.
The Board may compound or compromise any claim or demand or any action or suit instituted by or against it for such sum of money or other compensation as it deems sufficient:
Provided that no settlement shall be made under this section without the previous sanction of the State Government if such settlement involves the payment by the Board of a sum exceeding such amount as may be specified by the State Government in this behalf.
(1) Subject to such conditions as may be specified by the State Government, where the Board is of opinion that any amount due to or any loss, whether of money or of property incurred by the Board is irrecoverable, the Board may with the previous approval of the State Government sanction the writing off finally of the said amount or loss:
Provided that no such approval of the State Government shall be necessary where such irrecoverable amount or loss does not exceed, in any individual case, five thousand rupees or in the aggregate in any year, one lakh of rupees.
(2) Notwithstanding anything contained in sub-section (1), where the1[Chief Executive Officer] is of opinion that any amount due to or any loss, whether of money or of property, incurred by the Board is irrecoverable, the1[Chief Executive Officer] may sanction the writing off fin
All the powers, authorities and restrictions contained in this Act in respect of the work by this Act authorised, shall apply to the works which may be executed by the Board as the Conservator of the port or as the body appointed under sub-section (1) of section 36 of the Indian Ports Act, 1908, [15 of 1908], and also to the sanction of such works, the estimate therefor and the expenditure therunder.
(1) The Board shall on or before the thirty first day of January in each year, hold a special meeting at which the Chairman of the Board shall submit an estimate of the income and expenditure of the Board for the next financial year, in such form as the State Government may specify.
(2) A copy of such estimate shall be sent by post or otherwise to each member of the Board so as to reach him not less than ten clear days prior to the date appointed for the special meeting referred to in sub-section (1).
(3) The Board shall consider the estimate at such-meeting and may provisionally approve of it with or without modification.
(4) The Board shall, on or before the tenth day of February, cause a copy of such estimate as provisionally approved by it, to be sent to the State Government.
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The Board may in the course of any year for which an estimate has been sanctioned by the State Government cause one or more supplemental estimates for the residue of such year to be prepared and the provisions of section 84 shall, so far as may be, apply to such estimate as if it were an original annual estimate.
Subject to any directions which the State Government may give in this behalf, any sum of money or part thereof which the expenditure has been authorised in an estimate for the time being in force sanctioned by the State Government and which has not been so spent, may at any time be reappropriated by the Board to meet any excess in any other expenditure authorised in the said estimate.
(1) Subject to the provisions of section 86 no sum exceeding such amount as the State Government may fix in this behalf shall, save in cases of emergency, be expended by, or on behalf of, the Board unless such sum is included in some estimate of the Board at the time in force which has been finally sanctioned by the Government.
(2) If any sum exceeding such limit as may have been fixed in this behalf under sub-section (1) is so expended by the Board on a pressing emergency, the circumstances shall be forthwith reported by the1[chief Executive Officer] to the Suite Government, together with an explanation of the way in which it is proposed by the Board to cover such extra expenditure.
________________________
1. These words were substituted for the word "Chairman" by Gujarat 3 of 1996, section
(1) The Board shall maintain proper accounts and other relevant records and prepare the annuall statement of account including the balance-sheet in such form as may be approved by the State Government.
(2) The accounts of the Board shall be audited once in every year and if so required by the State Government concurrently with the compilation of such accounts by an auditor appointed by the State Government in consultation with the Comptroller and Auditor General of India (hereinafter referred to as "the Auditor") and any amount payable to such auditor by the Board in respect of such audit shall be debatable to the general account of the Board.
(3) The auditor shall have the same rights, privileges and authority in connection with the audit of the accounts of the Board as the Comptroller and Auditor General of India has in connection with
(1) Within fourteen days after the audit and examination of the accounts of the Board have been completed, the auditor shall forward copies of the audit report to the State Government and to the Board.
(2) The State Government shall cause every audit report to be laid for not less than thirty days before the State Legislature as soon as may be after such report is, received by the Government.
The Board shall forthwith take into consideration any defects or irregularities that may, be pointed out by the auditor, in the audit report on the income and expenditure of the Board and shall take such action thereon as the Board may think fit and shall also send a report of the action so taken to the State Government
If there is a difference of opinion between the Board and the auditor on any point included in the audit report, and the Board is unable to accept and implement the recommendations, if any, made by him on such point, the matter shall forthwith be refrred to the State Government which shall pass final orders thereon and the Board shall be bound to give effect to such orders.
1[(1)] As soon as may be after the first day of April in every year and not later than such date as may be fixed in this behalf by the State Government, the Board shall submit to the State Government a detailed report of the administration of the ports during the preceding year ending on the thirty-first day of March, in form as the State Government may direct.
2[(2) The State Government shall cause such report to be laid for not less than thirty days before the State Legislature as soon as may be after such report is received by the Government.]
________________________
1. Section 92 was renumbred as sub-section (1) of that section by Gujarat 3 of 1996, section 14.
2. Sub-section (2) was added, Gujarat 3 of 1996, section 14.
(1) The Board shall annially, or often or if directed by the State Government so to do, submit statements of its income and expenditure in such form and at such time as that Government may direct.
(2) A copy of all such statement shall be open to inspection of the public at the office of the Board during office hours on payment of such fee for each inspection as may from time to time be fixed by the Board.
(1) If, at any time, the State Government is of opinion--
(a) that on account of a grave emergency, the Board is unable to perform the duties imposed on it by or under the provisions of this Act or of any other law, or
(b) that the Board has persistently made default in the performance of the duties imposed upon it by or under the provisions of this Act or of any other law and as a result of such default, the financial position of the Board or the administration of the ports has greatly deteriorated, the State Government may by notification in the Official Gazette, supersede the Board for such period, not exceeding six months at a time, as may be specified in the notification:
Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the State
(1) Without prejudice to the foregoing provisions of this Chapter, the Board shall in the discharge of its functions under this Act, be bound by such directions on question of policy, as the State Government may give in writing to it from time to time:
Provided that the Board shall be given opportunity to express its view before any direction is given under this sub-section.
(2) The decision of the State Government whether a question is one of policy or not shall be final.
Every person employed by the Board under this Act shall, for the purposes of sections 161 to 171 (both inclusive), 184, 185 and 409 of the Indian Penal Code, [XLV of 1860], and for the purposes of the Prevention of Corruption Act, 1947, [11 of 1947], be deemed to be a public servent within the meaning of section 21 of the said Code.
Whoever contravenes the provision of any order issued under section 27 or section 29 or fails to comply with any condition imposed under section 30 shall be punishable with the fine which may extend to one thousand rupees and where the contravention or failure is a continuing one with further fine which may extend to one hundred rupees for every day after the first during which such contravention or failure continues.
Any person who contravenes the provisions of section 35 shall be punishable with fine which may extend to one thousand rupees for the first contravention, and with a further fine which may extend to one hundred rupees for every day after the first during which the contravention continues.
Any person who with the intention of evading payment of the rates lawfully due in respect of any goods or vessels carrying any goods, to the Board--
(a) understates or incorrectly give the weight, quantity, value or description of such goods, or the tonnage of such vessel in any document presented to any employee of the Board for the purpose of enabling him to determine such rates; or
(b) remove or attempts to remove or abets the removal of such goods or such vessel;
shall be punishable with fine which may extend to twice the amount of rates so due subjects to a minimum of fifty rupees.
If, through the negligence of any person having the guidance or command of any vessel, or of any of mariners or persons employed on such vessel, any damage is caused to any dock, wharf, quay, mooring, stage, jetty, pier or other work in the possession of the Board or any movable property belonging to the Board the amount of such damage shall, on the application of the Board be recoverable toghter with the cost of such recovery, by distress and sale under a Magistrate's warrant, of a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores belonging to such vessel:
Provided that no Magistrate shall issue such a warrant until the master of the vessel has been duly summoned to appear before him and if he appears until he has been heard; and provided also that no such warrant shall issue if the vessel was at the time under the orders of a duly authorised employe
Any person who, being a member of an employee of the Board, acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Board, shall be deemed to have committed an offence under section 168 of the Indian Penal Code, [XLV of 1860]:
Provided that nothing in this section shall apply to a person who is deemed not to have a share or interest in any contract or employment under the proviso to clause (d) of section 4.
Any person who contravenes any of the provisions of this Act or of any rule, regulation or order made thereunder for the contravention of which no penalty is expressly provided thereunder, shall be punishable with fine which may extend to two hundred rupees.
No court inforior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence punishable under this Act or any rule or regulation made therunder.
(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly ;
Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if be proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of. such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of,
(1) The State Government may, by notification in the Official Gazette, constitute a State Ports Consultative Committee consisting of members of the Board and such other persons, being not less than ten and not more than twenty as the State Government may appoint from amongst persons who are, in the opinion of the State Government, capable of representing the interest of the Chamber of Commerce, Shipping, Sailing, Vessels, Customs, Railways, Road Transport, Labour, Communications, Fisheries and Industries, so however that, there shall be atleast one member from each of the aforesaid interests.
(2) The Chairman of the Board shall be the Ex-Officio Chairman of the Committee.
(3) Such officer of the Board as the State Government may appoint in this behalf shall act as Secretary to the Committee.
(
(1) The State Government may from time to time constitute for such ports as it may determine Local Advisory Committees, consisting of such number of persons as it may think fit in each case and on such terms and conditions as may be prescribed.
(2) The Board may, if it thinks fit, consult the Local Advisory Committee concerned on any business coming before it, and shall do so in respect of such business as the State Government may, by general or special order in this behalf, specify or when required by the regulation so to do.
(3) The Regional Port Officer shall be the ex-officio Chairman of a Local Advisory Committee.
(4) Local Advisory Committees shall meet at such interavals as may be prescribed, and for the transaction of urgent business on such other occasions as the Chairman of the Board
No suit or other proceeding shall be commenced against the Board or any1[member or officer] or employee thereof for anything done, or purporting to have been done in pursuance of this Act until the expiration of one month after notice in writing has been given to the Board or him stating the cause of action, or after six months after the accrual of the cause of action.
________________________
1.These words were subsituted for the word "member" by Gutarat 3 of 1996, section 15.
No suit or other legal proceeding shall lie against the Board or any1[member or officer] or employee thereof in respect to anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder, or for any damage sustained by any vessel in consequence of any defect in any of the mooring, hawsers or other things belonging to or under the control of the Board.
_________________________
1. These words were substituted for the word "member" by Gujarat 3 of 1996, section 16.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made, for all or any of the following matters, namely :-
(a) fees and allowances payable to the members of the Board or any of its committees for attending meetings of the Board or its committee or for attending any work of the Board, under section 12;
1[(aa) the terms and conditions of service of the Chief Executive Officer under sub-section (1) of section 17 ;]
(b) the mode of executing contracts under section 24;
(c) factors to be taken into consideration for determining fair and r
The Board may make regulations not inconsistent with this Act and the rules with respect to all or any of the following matters, namely:-
(1) the time and places of the meetings of the Board or its committees, the procedure to be followed for the transaction of business at such meetings and the number of members necessary to constitute a quorum at such meetings;
(2) the appointment, promotion, suspension, removal and dismissal of its1[officers and employees]
(3) leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances of the1[officers and employees] and the establishment and maintenance of a provident fund or any other fund for their welfare;
(4) the time within which and manner in which appeals may be prefer
(1) No regulation made by the Board under this shall have effect until the same has been published by the Board in the Official Gazette with the previous approval of the State Government.
(2) Any regulation made under this Act may provide that a breach thereof shall be punishable with fine which may extend to two hundred rupees and where the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which such breach continues.
(1) Whenever the State Government considers necessary in the public interest so to do, it may by order in writing toghter with a statement of reasons therefore, direct the Board to make any regulation for all or any of the matter specified in section 110 or to amend and regulations, within such period as the State Government may specify in this behalf:
Provided that the State Government may extend the period specified by it by such period or Periods as it may consider necessary.
(2) If the Board, to whom a direction is issued by the State Government under sub-section (1) fails or neglects to comply with such directions within the period allowed under sub-section (1), the Government may make the regulations or amend the regulations, as the case may be, either in the form specified in the direction or with such modification thereof as the
Notwithstanding anything contained in this Act, the first regulations under this shall be made by the State Government and shall have effect on being published in the Official Gazette.
The text of the regulations made under clauses (10) to (19) of section 110 and the scale of rates together with a statement of conditions framed by the Board under Chapter VI shall be prominently posted by the Board in English and in Gujarati on special boards to be maintained for the purposes at the wharves, docks, berth piers and other convenient place on the premises of the Board.
Nothing in this Act shall affect--
(1) the right of the central Government to collect customs, duties or of any municipality to collect town duties at any dock, wharf, quay, stage, jetty or pier in the possession of the Board, or
(2) any power of authority vested in the customs authorities under any law for the time being in force.
The provisions of this Act shall also apply to all air crafts making use of any port while on water in the same manner as they apply in relation to vessels.
(1) If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enactment repealed by this Act to the provisions of this Act the State Government may, by general or special order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty :
Provided that no such order shall be made in respect of a minor port after the expiry of a period of two years from the appointed day.
(2) Every order made under sub-section (1) shall as soon as may be after it made be laid before the State Legislature.
On the application of this Act to any minor port, the Bombay Landing and Wharfage Fees Act, 1882, [Bom. VII of 1882], shall stand repealed in relation to that port:
Provided that such repeal shall not affect--
(a) the previous operation of the Act so repealed, or anything duly done or suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued and incurred under the Act, so repealed;
(c) any penalty, forfeiture, or punishment incurred in respect of any offence committed under the Act so repealed; or
(d) any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such inve
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