Gujarat Maritime Board (Conditions and Procedures for granting permission for Utilizing Ship Recycling Plots) Regulations, 2015

{
    "id": 16600,
    "slug": "gujarat-maritime-board-conditions-and-procedures-for-granting-permission-for-utilizing-ship-recycling-plots-regulations-2015",
    "title": "Gujarat Maritime Board (Conditions and Procedures for granting permission for Utilizing Ship Recycling Plots) Regulations, 2015",
    "short_title": "Gujarat Maritime Board (Conditions and Procedures for granting permission for Utilizing Ship Recycling Plots) Regulations, 2015",
    "act_number": "Published vide Notification Gujarat Government Gaz",
    "act_year": 2015,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Gujarat Maritime Board (Conditions and Procedures for granting permission for Utilizing Ship Recycling Plots) Regulations, 2015",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "2",
            "title": "2. The structure(s) so put up by a permission holder shall not create or shall not be deemed to create any right or interest in the plot in his or its favour nor shall it, in any manner, affect the right of ownership of the Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "3",
            "title": "3. On expiry' or termination of the permission, the permission holder shall forthwith remove such structure(s) put up or erected on the plot at his cost and the permission holder shall not be entitled to claim any compensation whatsoever in this regard.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "4",
            "title": "4. In case of failure on the part of the permission holder to remove such structure(s) put up with prior approval under Cl. 2.6.1 above, the Chief Executive Officer shall be empowered to remove it at the risk and cost of the permission holder.",
            "chapter": null,
            "content": "2.7 Applicability of other Laws and Regulations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "2",
            "title": "2. The Board will not be responsible for any violation, lacuna, and omission on the part of the permission holder to comply with any of the provision under any applicable Acts, Rules and Regulations, etc. and to abide by any provisions related to safety, health and welfare of the workers and it will be the sole responsibility of the permission holder to protect the environment during the ship recycling activities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "3",
            "title": "3. The permission holder at the beginning of each calendar year shall have to declare in the prescribed format that he/she/it has held and will continue to hold all the certificates, licenses, authorization etc. required under relevant Acts, Rules and Regulations for the purpose of ship recycling.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "4",
            "title": "4. The permission holder shall scrupulously observe and comply with Gujarat Maritime Board Ship Recycling Regulations-2003 and any other Regulations, instructions which may be issued by the Board from time to time.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "5",
            "title": "5. Notwithstanding the grant of permission for utilizing a plot for recycling of ship(s) the permission holder shall not be entitled to claim compliance with any of the other relevant laws as are necessary for the purpose of carrying on ship recycling activity merely on the basis of the permission letter granted by the Board.",
            "chapter": null,
            "content": "2.8 Termination.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "2",
            "title": "2. Material Default. - Material default shall include the following acts on part of permission holder:",
            "chapter": null,
            "content": "i. Providing incorrect, false and misleading information as required under these Regulations, in the tender document as well as the application for permission including application for renewal of permission.\nii. Non-payment of any dues of the Board.\niii. Either Sub-letting the plot or the permission/right to use the plot to other person within the time specified.\niv. Breach of any provisions of these Regulations and/or of the permission letter or the agreement.\nv. Use of the plot for any purpose other than that mentioned in the permission letter.\nvi. Putting up any structure(s) in the plot without the prior written permission of the Chief Executive Officer and without obtaining requisite permission required under any other law as the case maybe.\nvii. Failure to apply for the renewal of permission within the specified time along with required renewal fee. details and documents including the no-due certificate issued by the Port Officer, Alang.\nviii. Making any change whatsoever in the name, status or constitution of the permission holder without prior permission of the Chief Executive Officer.\nix. Any direct or indirect attempt by the permission holder to transfer the right to use the plot to any other person.\nx. Violation of any provisions of these Regulations as may be amended from time to time or any notification or bye-laws or rules or regulations issued under the Act or any other Acts, Rules and Regulations of the Stale or / and the Central Government unless they are inconsistent with or repugnant to these Regulations, pertaining to ship recycling.\nxi. Failing to make declaration as required under Clause 2.7.3 above or any other law.\nxii. Conviction for any offence punishable under any section of the Act relating to Prevention of Terrorism Act and/or any offence relating to affecting the security of the nation and/or any offence under any anti-corruption law and or any economic offences punishable under any State or Central Act.\nChapter-3\nDevelopment, Merger, Resizing of Plots\n3.1 Development of Ship recycling Yard.\n3.2 Development of New Plots.\n3.3 Merger and Resizing the Plots.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "2",
            "title": "2. The Chief Executive Officer shall also have the power for adjustment, re-adjustment, alignment, or realignment of the plots from time to time as may be necessitated by technical requirement of the ship recycling activities, safety aspects and/or for protection of environment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "3",
            "title": "3. The decision of the Chief Executive Officer with respect to size, situation and demarcation of plots or variation thereof by adjustment, re-adjustment or alignment, re-alignment shall be final and binding upon the concerned permission holders).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "4",
            "title": "4. The Chief Executive Officer may offer plots interspersed between or adjacent to the plots already being utilized for ship breaking activities as under.",
            "chapter": null,
            "content": "i. Only vacant plots occupied by the GMB will be offered to the permission holder(s) of adjoining plots(s) for amalgamation.\nii. In case, the vacant plot is located in between two working plots having 30m width, half the width (15m) will be offered to both adjoining permission holders.\niii. Priority will be given to the adjoining working plot having 30m width.\niv. Amalgamation of vacant plot will be offered in such a way so as to enhance the width of working plot to minimum 45m.\nv. In case where vacant plot is located in between two merged plots, efforts will be made to enhance width of small plot located next to the merged plot by clubbing and rearranging plot boundary keeping dimension of the merged plot(s) unchanged.\nvi. The permission holder of small plot, if found it difficult to carryout ship recycling, will have to surrender the permission to use such plot to GMB. After this. GMB will offer amalgamation of such plots as per above guidelines. In no case, shifting of existing working plot to another plot location w ill be allowed under the amalgamation.\nvii. In case, there exist fixed assets in the vacant plot, allocation of part area shall be in such a manner to avoid spilt up of the particular assets. The decision of the VC and CEO in this regard shall be final and binding.\nviii. If a neighbour of the vacant plot wishes to amalgamate such vacant plot, irrespective of size, to upgrade their facility to be more eco-friendly in all terms by adopting green ship recycling methods, GMB may allow amalgamation for such plot subject to approval from the Government.\nix. If the permission holder of adjoining small plot(s) do not accept the offer of amalgamation, permission of such small plot will not be renewed and such plot(s) will subsequently be offered under amalgamation/TCA.\nx. The amalgamation of existing vacant plot w ill be on \" As is where is\" basis. Any request by the permission holder regarding depth, level condition etc. will not be entertained.\nxi. Before merging the area under the amalgamation policy, the permission holder shall have to pay all the outstanding dues of GMB, for the existing working plot.\nxii. For the assets whatsoever in the vacant plot, the permission holder shall have to pay proportionate costs as per the valuation done by the GMB through Government approved valuer. Decision of the VC and CEO as regard valuation and recovery of proportionate cost shall be final and binding.\nxiii. All other charges for the enhanced area shall be levied as per the provision of regulation from the date of issuing permission to utilize the merged area under amalgamation.\nxiv. Performance of the permission holder of working plot w ill be considered as per the provision of the regulation xv. The development charge for the merged/additional area shall be paid at Rs.1200/- per sq.m per year for five years. T his development charge may be reviewed after three years.\nxvi. The development charges as stipulated in para-xv shall be applicable to the amalgamated plots allowed under the Regulation-2006.\nxvii. The minimum LDT as stipulated in chapter-9.3 shall be applicable to the amalgamated plots allowed under the Regulations.\nChapter-4\nRenewal of the Permission\n4.1 Eligibility.\n4.2 Limitation Period, Form of Renewal Application and Other Requisites.\n4.3 Renewal Fee and Security Deposit.\n4.4 Scrutiny of applications.\n4.5 Disqualification.\n(a) A Firm/company w hose proprietor or any of whose partner/share holder is a family member of any of the officer/employee/Board member of Gujarat Maritime Board;\n(b) A firm/company whose proprietor/partner/shareholder having more than or equal to 51% of the total stake in more than three firms/companies in the same ship recycling yard.\n(c) Any conditional application;\n(d) A person who is declared to be an insolvent;\n(e) A person who is not having any capacity to contract under the Indian Contract Act; and\n(f) A person w ho is convicted for any offence punishable under any section of Prevention of Terrorism Act and/or any offence relating to affecting the security' of the nation and/or any offence under any anti-corruption law and/or any economic offence punishable under any State or Central Act.\n4.6 Period of Renewal.\n4.7 Renewal of permission granted under TCA-2004 and onward TCA.\n4.8 Failure or Refusal of Renewal of Permission.\nChapter-5\nNew Permission to Utilize Plot for Ship Recycling\n5.1 The Chief Executive Officer may grant permission to use plots for ship recycling in respect of\n(a) a plot which is newly developed\n(b) a plot which is vacant\n(c) a plot which has fallen vacant on account of cancellation/termination of the permission.\n5.2 Procedure.\n5.3 Tender-cum-Auction.\n5.4 Allocation for the Reserved Categories.\n5.5 Priority amongst Reserved Categories.\n5.6\nChapter-6\nSchedule of Charges\n6.1\nSr. No.\nSr. No.\nComponent\nComponent\nRate (Rs.)\nRate (Rs.)\nUnit\nUnit\nPayable\nPayable\n01\nDevelopment Charge\n270\nPer Sqm per year\n\"And will be escalated by 10% every three\n\t\t\t\tyears.\nAnnually before commencement of the Financial\n\t\t\t\tYear\n02\nPlot Rent\n80\nPer Sqm per year and will be escalated by 10%\n\t\t\t\tevery' three years.\nAnnually before commencement of the Financial\n\t\t\t\tYear\n03\nRecycling Charge\n135\nRs.135/- Per Unit of LDT for first year \"And\n\t\t\t\twill be increased or decreased every' year as per the Wholesale\n\t\t\t\tPrice Index of \"steel\" for each financial year as\n\t\t\t\treleased by the Office of the economic Advisor. Ministry' of\n\t\t\t\tCommerce and Industry, Government of India.\"\nBefore granting be aching permission of a vessel\n04\nCharges for Water Supply & Electricity\n23\nRs.23/- Per sqm per year for the first year and\n\t\t\t\tthen as per actual cost / expenses incurred by GMB plus 20%\n\t\t\t\tadministrative charges on supply on supply of water and\n\t\t\t\telectricity\nAnnually before commencement of the Financial\n\t\t\t\tYear\n6.2\n6.3\n6.4\nChapter-7\nChange in the Constitution of Permission Holder\n7.1 No Change without prior Approval.\n7.2\n7.3\n7.4\nDetails\nDetails\nCharges\nCharges\nIn case of\n\t\t\t\tproprietor and partnership firm\nIn case of\n\t\t\t\tproprietor and partnership firm\nChange in status,\n\t\t\t\tpartners with change in profit sharing ratio up to 49%(Once in\n\t\t\t\t2.5 years)\nIn case of private\n\t\t\t\tlimited and public limited company\nIn case of private\n\t\t\t\tlimited and public limited company\nChange in status of share holding pattern up to\n\t\t\t\t49%(Once in 2.5 years)\nRs. 400/- per sqm * area of plot\nIn case of\n\t\t\t\tproprietor and partnership firm\nIn case of\n\t\t\t\tproprietor and partnership firm\nChange in status,\n\t\t\t\tpartners with change in profit sharing ratio more than 49% and up\n\t\t\t\tto 74%(Once in 2.5 years)\nIn case of private\n\t\t\t\tlimited and public limited company\nIn case of private\n\t\t\t\tlimited and public limited company\nChange in status of share holding pattern more\n\t\t\t\tthan 49% and up to 74%(Once in 2.5 years)\nRs. 600/- per sqm * area of plot\nIn case of\n\t\t\t\tproprietor and partnership firm\nIn case of\n\t\t\t\tproprietor and partnership firm\nChange in status,\n\t\t\t\tpartners with change in profit sharing ratio more than 74% (Once\n\t\t\t\tin 5 years)\nIn case of private\n\t\t\t\tlimited and public limited company\nIn case of private\n\t\t\t\tlimited and public limited company\nChange in status of share holding pattern more\n\t\t\t\tthan 74% (Once in 5 years)\nRs. 1000/- per sqm * area of plot\nIn case of\n\t\t\t\tproprietor and partnership firm\nIn case of\n\t\t\t\tproprietor and partnership firm\nChange in status\n\t\t\t\twithout change in profit sharing ratio\nIn case of private\n\t\t\t\tlimited and public limited company\nIn case of private\n\t\t\t\tlimited and public limited company\nChange in directors without change in share\n\t\t\t\tholding Pattern\nChange in status, partners Director within\n\t\t\t\tfamily member or amongst the existing partners or Increase in\n\t\t\t\tnumbers of directors will be permitted keeping in mind the\n\t\t\t\tprovision of Company Law.Rs.l lac per application\n7.5\nChapter - 8\nWrongful Beaching:\n8.1\n8.2\n(1) Beaching of vessel by the permission holder on the plot allotted to him without obtaining beaching permission from the competent authority.\n(2) Beaching of vessel by a permission holder in a plot other than that for which he holds permission.\n(3) Beaching a vessel of another person/party in the plot allotted to him.\n(4) Beaching of vessel so as to obstruct beaching/recycling of vessel by the adjacent permission holders) on their respective plots.\n(5) Producing wrong information/forged documents to seek beaching permission.\n8.3\n(a) To impose a penalty of Rs.15 lakhs per wrongfully beached vessel. If the permission holder commits wrongful beaching for more than two times but up to four times, the Chief Executive Officer may double the penalty.\n(b) In case of wrongful beaching by a permission holder for more than four times the Chief Executive Officer shall terminate the permission and forfeit all die payments made by the permission holder including the security deposit after giving the permission holder an opportunity of being heard.\n8.4\n(a) Certified documents of the ownership of the vessel.\n(b) NOC of the permission holder in whose plot the vessel is to be beached.\n(c) No Due Certificate for both the plots i.e. plot in which the vessel is to be beached and plot for which permission is granted to the owner of die vessel.\nChapter - 9\nMiscellaneous\n9.1\n9.2\n9.3\n1\nUp to 30 mts\n12,500 in the first block of five years And\n\t\t\t\t12500 in the second block of five years\n2\nMore than 30mts and up to 60 mts\n17500 in the first block of five years And 17500\n\t\t\t\tin the second block of five years\n3\nMore than 60mts and up to 120mts\n22500 in the first block of five years And 22500\n\t\t\t\tin the second block of five years\n4\nMore than 120 mts\n25000 in the first block of five years And 25000\n\t\t\t\tin the second block of five years\n9.4\n9.5\n9.6\n9.7\n9.8\n9.9\n9.10\n9.11\n9.12\n9.13\n9.14\n9.15\n9.16\n9.17\n9.18\n9.19\nChapter-10\nAppellate Authority:\n10.1\n10.2\n10.3\n10.4\nApplication to renew permission to utilize plots for ship recycling under the Gujarat Maritime Board Ship Recycling Regulations-2015\nSub: Request for renewal of permission to utilize a plot\nNo\nNo\nComponent\nComponent\nDetails\nDetails\n01\nName & address of the applicant\n02\nName & designation of the Authorized\n\t\t\t\tSignatory\n03\nTelephone No/ Mobile No.\n(O):\n(R):\n04\nFax:\n05\ne-mail:\n06\nStatus of the Firm:\n(a) Proprietor:\n(b) Partnership:\n(c) Private Limited:\n(d) Public Limited:\n07\nDetails of Partners/Directors:\nName\nDesignation\nProfit Sharing / Share Holding\ni\nii\niii\nv.\n08\nDetails of other plot(s) with which Proprietor /\n\t\t\t\tPartner / Director of the applicant is associated\nName of Person\nPlot No.\nAssociated as\ni\nii\niii\niv\nv\nvi\nvii\n09\nLDT recycled by permission holders other than\n\t\t\t\tthose of TCA-2004 during the previous permission period i.e. from\n\t\t\t\t01/10/2004 to 30/09/2009\nLDT (MT)\n10\nLDT recycled by Permission holders of TCA-2004\n\t\t\t\tand onward TCA during the period as per their agreement\nLDT (MT)\n11\nDetails of litigation by or against the\n\t\t\t\tapplicant in which Gujarat Maritime Board is a party, if any:\nCase No.\nCourt\nIssue Involved\ni\nii\niii\niv\n12\nNo due certificate issued by Gujarat Maritime\n\t\t\t\tBoard\nNote.",
            "footnote": "",
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            "sort_order": 10
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 2nd November, 2019 [guj335]",
        "Act Number": "Published vide Notification Gujarat Government Gazette Extraordinary Part 4-B, Extra No. 37, dated 19.1.2016",
        "Enactment Date": "",
        "Act Year": "2015",
        "Short Title": "Gujarat Maritime Board (Conditions and Procedures for granting permission for Utilizing Ship Recycling Plots) Regulations, 2015",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}