The Government of Gujarat on March 16, 2024, issued notification to amend notification dated January 19, 2016, April 06, 2017 and January 03, 2018, under the Gujarat Maritime Board Act, 1981.
The following amendment has been stated:
• Clause no. 1.4(9) of Chapter – 1 is substituted by following Clause:
"Family Members" means "Relative" as defined in sub-section (77) Section 2 of the Companies Act, 2013, as amended from time to time.
• Chapter – 7 is substituted as under –
CHAPTER -: CHANGE IN THE CONSTITUTION OF PERMISION HOLDER:
o No change without prior approval: The permission holder shall not make any change whatsoever, in its name, address, status, constitution, shareholder or profit sharing ratio / share holding pattern, as the case may be, without the prior written permission of the Chief Executive Officer. If a change is made by the permission holder without written approval of the Chief Executive Officer, the Chief Executive Officer may, after giving the permission holder an opportunity of being heard, regularize the change or terminate the permission. Provided, that nothing in Clause 7.1 shall apply to any change on account of operation of law including the death of a proprietor, partner, shareholder or director of the permission holder, as the case may be.
o A permission holder desirous of making a change under Clause 7.1 shall apply, in writing, to the Chief Executive Officer, along with requisite documents, reasons and justifications for making such changes. If a new person/entity, proprietor, partner or director, as the case may be, is proposed to be introduced to the permission holding entity, a No-Objection Certificate of the jurisdictional Superintendent of Police, certifying the absence of his criminal record shall be submitted with the application. The Chief Executive Officer may, after considering the genuineness of the application, grant the application on the payment of charges specified in these Regulations.
o The Chief Executive Officer may refuse to grant permission to a permission holder on an application made under Clause 7.2, if the granting of such permission is not in the interest of the safety or security of the Yard or is not in the national interest. The decision of the Chief Executive Officer in this regard shall be final.
o In case of proprietor and partnership firm permission holder has made any changes in partners with change in profit sharing ratio less than 74% or in case of private limited and public limited company, a change in shareholder with change in share holding pattern less than 74% during its previous permission period without prior approval of GMB, the Chief Executive Officer may renew the permission of such permission holder only upon payment of charges for such changes made at the rate of 1.5 times the rates prescribed under these Regulations.
In case of proprietor and partnership firm permission holder has made any changes in partners with change in profit sharing ratio more than 74% or in case of private limited and public limited company, a change in shareholder with change in share holding pattern more than 74% during its previous permission period without prior approval of GMB, the Chief Executive Officer may renew the permission of such permission holder only upon payment of charges for such changes made at the rate of 2 times the rates prescribed under these Regulations.
o If, during the period of a permission granted under these Regulations, a permission holder has made any changes mentioned at Clause 7.4.1, 7.4.2, 7.4.3, 7.4.6 and 7.4.7, without prior written approval of the Chief Executive Officer, the Chief Executive Officer may, on an application by the permission holder or otherwise, regularise such change on payment of charges at the rate of 1.5 times the rates prescribed under the respective clause for the first incident and 2 times for the further incident(s).
If, during the period of a permission granted under these Regulations, a permission holder has made any changes mentioned at Clause 7.4.4 and 7.4.5, without prior written approval of the Chief Executive Officer, the Chief Executive Officer may, on an application by the permission holder or otherwise, regularise such change on payment of charges at the rate of 2 times the rates prescribed under the respective clause for the first incident and 3 times for the further incident(s).
[Notification No. GMB/Alang/2/2024/547/1196]
