GUJARAT MARITIME BOARD (AMENDMENT) ACT, 1996
GUJARAT ACT NO. 3 OF 1996
(First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 8th March, 1996.)
An Act further to amend the Gujarat Maritime Board Act, 1981.
It is hereby enacted in the Forty-seventh Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Gujarat Maritime Board (Amendment) Act, 1996.
(2) It shall be deemed to have come into force on the 8th September, 1995.
Amendment of section 3 of Guj. 30 of 1981.
2. In the Gujarat Maritime Board Act, 1981 (hereinafter referred to as “the principal Act”), in section 3, for sub-section (4), the following shall be substituted, namely :—
“(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 members 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 vessels, fisheries, trade, commerce, finance, industry, workers of minor ports and such other interests, as in the opinion of the State Government, ought to be represented on the Board.”.
Amendment of section 8 of Guj. 30 of 1981.
3. In the principal Act, in section 8, in sub-section (2), for the words, brackets and figure “sub-section (5)”, the words, brackets and figure “sub-section (6)” shall be substituted.
Amendment of section 10 of Guj. 30 of 1981.
4. In the principal Act, in section 10, in sub-section (4), the portion beginning with the words “and no business” and ending with the words “such meeting” shall be deleted.
Substitution of section 15 of Guj. 30 of 1981.
5. In the principal Act, for section 15, the following shall be substituted, namely:—
Delegation of powers.
“15. 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 exercise the powers and perform the duties specified in the direction subject to the supervision and the control of the Board.”.
Amendment of section 17 of Guj. 30 of 1981.
6. In the principal Act, for section 17, the following shall be substituted, namely:—
Chief Executive Officer and other officers and servants of the Board.
“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 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:
15 of 1908.
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 designation and grades of such officers and employees and the salaries, fees and allowances which are proposed to be paid to them.”.
Deletion of section 18 of Guj. 30 of 1981.
7. In the principal Act, section 18 shall be deleted.
Substitution of section 19 of Guj. 30 of 1981.
8. In the principal Act, for section 19, the following shall be substituted, namely:—
Disciplinary control over officers and employees by Board.
“19. (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 or 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.”.
Amendment of section 24 of Guj. 30 of 1981.
9. In the principal Act, in section 24,—
(1) in dause (a), for the word "Chairman", the words "Chief Executive Officer" shall be substituted;
(2) for clause (b), the following shall be substituted, namely:—
"(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 terms and conditions as it may think fit.”.
Amendment of section 74 of Guj. 30 of 1981.
10. In the principal Act, in section 74, in sub-section (2), in clause (a), after the figures "1970", the words "or in any corporation or financial institution controlled and managed by the State Government" shall be inserted.
Amendment of section 80 of Guj. 30 of 1981.
11. In the principal Act, in section 80, for the word "Chairman" where it occurs at two places, the words “Chief Executive Officer” shall be substituted.
Amendment of section 82 of Guj. 30 of 1981.
12. In the principal Act, in section 82, in sub-section (2), for the word "Chairman" where it occurs at three places, the words "Chief Executive Officer" shall be substituted.
Amendment of section 87 of Guj. 30 of 1981.
13. In the principal Act, in section 87, in sub-section (2), for the word "Chairman", the words "Chief Executive Officer" shall be substituted.
Amendment of section 92 of Guj. 30 of 1981.
14. In the principal Act, section 92 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-
"(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.".
Amendment of section 107 of Guj. 30 of 1981.
15. In the principal Act, in section 107, for the word "member", the words "member or officer" shall be substituted.
Amendment of section 108 of Guj. 30 of 1981.
16. In the principal Act, in section 108, for the word "member", the words "member or officer" shall be substituted.
Amendment of section 109 of Guj. 30 of 1981.
17. In the principal Act, in section 109,—
(1) in sub-section (2), after clause (a), the following clause shall be inserted, namely:-
"(aa) the terms and conditions of service of the Chief Executive Officer under sub-section (1) of section 17;";
(2) to sub-section (5), the following proviso shall be added, namely:-
"Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with previous publication of any rule to be made under this section.".
Amendment of section 110 of Guj. 30 of 1981.
18. In the principal Act, in section 110, in sub-sections (2), (3), and (6), for the word "employees", the words "officers and employees" shall be substituted.
Repeal and Savings.
Guj. Ord. 6 of 1995.
19. (2) The Gujarat Maritime Board (Amendment) (Second) Ordinance, 1995 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. |
