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Gujarat Ports Stevedoring License Regs 2024

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43 views28 pages

Gujarat Ports Stevedoring License Regs 2024

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The
Gujarat Ports (Licensing of Persons
Engaged in Loading and Unloading
Vessels) Regulations, 20241
(Gujarat Ports (Licensing of Persons etc) Regulations, 2024)
[27th February, 2024]

In exercise of the powers conferred by Sections 110 and 111 of the


Gujarat Maritime Board Act, 1981 (Guj. 30 of 1981) and in
supersession of the Gujarat Ports (Licensing of Persons Engaged in
Loading and Unloading Vessels) Rules, 1969, the Gujarat Maritime
Board, with the previous approval of the State Government, hereby
makes the following regulations, namely:—
1. Short title and commencement.—These Regulations shall be
called the Gujarat Ports (Licensing of Persons Engaged in Loading
and Unloading Vessels) Regulations, 2024.
They shall come into force on the date of their publication in the
Official Gazette under Section 111(1) of the Gujarat Maritime Board
Act, 1981.
2. Application.—These Regulations shall apply to all loading and
unloading activities at ports under the jurisdiction of the Gujarat
Maritime Board (GMB), except for the following, exempted activities:
a. Ship recycling and shipbuilding activities.
b. Where loading and unloading activities are undertaken by the
Board itself at respective ports.
c. Loading and unloading activities related to defence vessels or
fishing and associated activities.
d. Where the Board has issued an exemption certificate.
3. Definition.—In this unless the context otherwise requires:—
a. Act: The Gujarat Maritime Board Act, 1981 (30 of 1981)
b. Applicant: Any person, entity, or legal entity applying for a
license under these regulations;
c. Board: The Gujarat Maritime Board constituted under Section 3
of the GMB Act, 1981.
d. Captive Jetty Operator: Refers to an entity that operates a
jetty or group of jetties or similar facilities (termed with
whatsoever names) within a port or group of ports, typically
under an agreement executed with the Gujarat Maritime Board
(GMB) under the Build, Operate, Maintain, and Transfer (BOMT)
model.
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e. Categories of Licenses: Different classifications of licenses


issued by the Board for specific types of cargo handling
activities;
f. Ceiling Handling Rate: The maximum rate at which cargo
handling services can be charged, determined by the Board to
ensure fair pricing and competition among licensed stevedores;
g. Group of Ports: Port or Group of Ports defined by the
Government of Gujarat under Section 37 of the Indian Port Act,
1908, or as per Appendix-II of the Schedule of Port Charges.
h. Licensee: Any person, entity, or legal entity holding a valid
license issued under these regulations.
i. Licensing Officer: The Port Officer of the Group of Ports;
j. Port: Port defined under the Gujarat Maritime Board Act, 1981.
k. Private Port Operator: An entity engaged in the operation of
a jetty or group of jetties or similar facilities (termed with
whatsoever names) within a port or group of ports, operating
under an agreement executed with the Gujarat Maritime Board
(GMB) following the Build, Own, Operate, and Transfer (BOOT)
model.
l. Stevedoring: The act or process of loading and unloading
vessels, including the lightening, transporting and handling
and stowage of cargo inside the port area;
m. Vice Chairman and Chief Executive Officer (VC&CEO): The
designated authority appointed under subSection 1(a) of
Section 17 of the GMB Act, 1981.
4. No person or entity to undertake stevedoring activities
without a licence.—No person or entity shall perform or undertake to
perform stevedoring or cargo handling activities in the Port unless he
has been issued a valid licence or has been exempted under these
Regulations:
Provided that a person to whom a licence has been issued prior to
the coming into force of these Regulations may continue to operate
under the existing licence for a period of thirty days from the
Effective Date of these Regulations; or till it obtains a license under
these Regulations, whichever is earlier.
5. Categories of Licenses:.—
a. The categorization of licenses by the Board, subject to
introduction of new categories at a later date, shall be as
under:
Category 1: License for handling Import/Export Cargo.
Category 2: License for handling Coastal Cargo.
Category 3: License for handling cargo from/to Sailing Vessels.
6. Criteria for issuance of licenses.—A licence for carrying out
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stevedoring activities may be issued to an applicant who fulfils each of


the following criteria:
a. The applicant is a company registered under the Companies
Act, 2013 (18 of 2013) or a partnership Firm, a Limited
Liability Partnership or a person or any other legal entity;
b. The applicant has employed, or submits an undertaking to
employ forthwith, at least one supervisory personnel per vessel
possessing a minimum of two years of experience in cargo
handling or stowage. The profile of such personnel shall be
attached to the application;
c. The applicant shall, at the time of making an application under
these Regulations, own; or commit of affidavit to own or
hire/rent/lease/charter (called by any name whatsoever) the
minimum required gears and types of equipment as specified
in Appendix-1, which may be amended at the discretion of the
Board from time to time.
d. The applicant entity shall have a turnover of no less than Rs. 2
crores in each of the immediately preceding three Financial
Years.
e. The applicant shall deposit a non-interest bearing, refundable
security deposit, as under:
I. Rs. 15,00,000 for the application of a Category-1 license.
II. Rs. 5,00,000 for the application of Category-2 license.
III. Rs. 1,00,000 for the application of a Category-3 license.
IV. If an applicant is desirous of applying for any combination
of the above mentioned categories collectively (or such other
categories as may be identified by the Board from time to
time), the higher of the applicable security deposit shall be
payable by the applicant.
f. It shall deposit a non-refundable application processing fee of
Rs. 5,000/- (INR Five Thousand only).
g. The applicant shall provide documentary evidence to establish
that it has the requisite knowledge, experience and
infrastructure required for loading and unloading vessels and
performing stevedoring activities (if the applicant has
previously worked as a stevedore). Illustratively, evidence may
be in the form of a contract/work completion certificate/letter
of intent (LoI)/or such similar document issued by the
importer/exporter/port authority letter/steamship
company/charterer for which stevedoring operations were
conducted by the applicant.
h. Unless otherwise stipulated by the Board, the fee for
grant/renewal of the license shall be as defined in the
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Scheduled of Port Charges, as may be prevalent from time to


time.
i. The applicant, in Form - E, shall indemnify the Board against all
third-party claims arising out of the operations performed by it;
and shall further undertake to compensate the Board for any
losses or damages (called by any name whatsoever) that may
be suffered by the Board on account of the acts, omissions or
conduct of the applicant.
7. Issue of license:.—
a. Any applicant who desires to secure a license under these
Regulations may, at any time, submit an application to the
Licensing Officer in Form-A, along with the documents and the
processing fees specified in these Regulations.
b. If the Licensing Officer is satisfied that the applicant fulfils the
criteria specified under Regulation 6, he may issue a licence to
the applicant in Form-C or otherwise communicate the order of
rejection to the applicant, containing the reasons for such
refusal.
c. The licence shall be issued under sub- regulation (b) on
submission of the security deposit specified in sub-regulation
(e) of Regulation 6 and payment of the processing fee and
license fee as prescribed in sub - regulation (f) and (h) of
Regulation 6 respectively.
8. Validity of license:.—
a. The Licensing Officer shall have the authority to grant the
license for such duration as may be deemed fit and proper.
However, the validity of a license shall not exceed a period of
three years, to be reviewed by the Licensing Officer after every
calendar year. Furthermore, the licenses shall, in the interest of
standardization of date of renewal, be extended upto the
nearest available 31st December not exceeding three years.
9. Renewal of license:.—
a. An application for renewal of a license shall be submitted in
Form-B, at least three months prior to the expiry of the said
license, with the requisite documents along with the processing
fee.
b. The license may be renewed if the applicant fulfils the following
conditions:—
I. Has complied with the terms and conditions of the license
during the earlier license-period;
II. During the last license period, has,
1. Handled a minimum of fifty thousand tonnes of cargo for
category-1 license holder OR;
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2. Has handled a minimum of five thousand tonnes of cargo


for category-2 license holder OR;
3. Has handled a minimum of three sailing vessels handled
for category-3 license holder
c. If the Licensing officer is satisfied that the applicant has
fulfilled the conditions stipulated in these Regulations, he may,
after collecting the license fee, renew the licence for a further
period not exceeding three years, or otherwise communicate
the order of rejection to the applicant, with reasons for such
refusal.
10. Issuance of duplicate license:.—
a. In the event of loss or defacing of the original licence, a
duplicate licence may be issued if an application in this regard
is made to the Licensing Officer on payment of rupees two
thousand and five hundred or such other amount as the Board
may fix from time to time.
11. Procedure for Issuance of Exemption Certificate:.—
a. An entity desirous of availing exemption for itself, for
performing stevedoring and cargo handling activities captively,
for its own operations, shall apply to the Licensing Officer in the
form and manner as may be provided for such exemption, it
being clarified that exemption certificate shall not be issued to
an entity which is partly or wholly performing stevedoring and
cargo handling activities for another entity.
b. Exemption Certificates shall be issued to Captive Jetty
Operators or Private Port Operators as per provision made
under these regulations.
c. Operators wishing to obtain an exemption certificate under
these Regulations shall submit an application to the Licensing
Officer in Form-F(I).
d. The application for an exemption certificate shall be
accompanied with the following documents:
I. A copy of the Agreement executed with the Board.
II. A notarized undertaking stating that cargo handling shall be
carried out directly by the entity claiming exemption, and no
third party shall be involved, either directly or indirectly, or
partly or fully, in cargo handling and stevedoring operations.
e. If the Licensing Officer is satisfied with the application and
documents submitted by an application for seeking exemption,
he may recommend the issuance of an exemption certificate to
the Vice Chairman and Chief Executive Officer.
f. The Vice Chairman and Chief Executive Officer shall consider the
recommendation of the Licensing Officer, may call for such
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other and/or further information as may be deemed fit and


proper; and, if deemed appropriate thereafter, issue the
exemption certificate in Form - F(III)
g. The exemption certificate shall specify the provisions of these
Regulations, and only such provisions as are specified shall be
exempted from applicability. The exemption certificate shall
also stipulate the duration of exemption, and any additional
conditions or requirements, as may be deemed fit and proper
by the VC&CEO and the Licensing Officer.
h. The exemption certificate shall be issued in a specific format as
may be prescribed by the Board from time to time.
i. The Operator, on receiving the exemption certificate, shall
indemnify the Board against all third-party claims arising from
its cargo handling operations and shall provide a notarized
undertaking to comply with all required conditions of these
regulations during the cargo handling operations, in the form
and manner as may be prescribed by the Board. The operator
shall furnish Indemnity Bond and Undertaking in Form - F(II)
12. Duties and responsibilities of Licensees:.—Every Licensee
shall perform the following duties and have the following
responsibilities,—
a. The Licensee shall carry out the operations using gear owned or
hired by it, which have been duly tested and found suitable for
handling various types of cargo. Furthermore, the licensee shall
produce the gear equipment, along with necessary annealing
and test certificates, for periodic inspection to; or whenever
demanded by the Licensing Officer.
b. The Licensee shall be responsible for carrying out lighterage
operations or Direct Berthing Operations, as may be required.
c. The Licensee shall provide the workers with necessary
protective safety appliances appropriate for the type of cargo
being handled and shall be solely responsible for any accidents
or damages resulting from the use of any gear used by it and
shall also ensure that casual workers deployed by it are covered
by an insurance policy and receive other benefits as required
under applicable laws.
d. If any gear, plant, or other property of the Board is damaged
during the course of the operations, the Licensee shall
compensate the Board for such loss or damage (called by any
name whatsoever), including but not limited to downtime of
usability of port infrastructure damaged by the licensee. The
extent of such compensation shall be decided by the Licensing
Officer after evaluating the situation.
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e. The Licensee shall be responsible for employing at least one


supervisor with experience of at least 2 years to supervise
every vessel in respect to which it is undertaking stevedoring
operations.
f. The Licensee shall promptly provide any information requested
by the Licensing Officer from time to time.
g. The Licensee shall ensure that all dues owed to the Board are
paid in full and in advance. Failure to do so may result in non-
renewal or cancellation of the license under these regulations.
h. The Licensee shall make adequate arrangements for ancillary
operations, such as filling, stitching, breaking of cargo,
stacking of cargo, stowage of cargo, etc., on-board vessels.
i. The Licensee shall not assign, transfer, or otherwise part with
any interest or benefit in or under the license to any other
person or entity.
j. The Licensee shall comply with all applicable directions,
regulations, guidelines, legislations that may be issued by the
Central Government or the State Government from time to
time. This condition shall be strictly complied with by the
Licensee in cases where the specific nature of cargo envisages
compliance of specific prescriptions.
k. The Licensee shall maintain proper documentation regarding
payment of wharfage charges on a vessel-wise basis. These
particulars; and other such information as may be required by
the Board, shall be provided by the Licensee. This
documentation shall be signed and certified by an Authorized
Signatory of the Licensee. The Licensing Officer shall collate
documentation for each Licensee and review it annually and/or
before the renewal of the licensee.
l. The Licensee shall comply with the terms and conditions of the
license; and such other directions as may be issued from time
to time.
m. To submit a vessel-wise report in Form - D within 7 days of
completion of loading/unloading of the vessel.
n. The Licensee shall ensure that the cargo it handles is stored in
an appropriate place allotted for the purpose of storage of cargo
for particular vessels; and in an appropriate manner, as
required under applicable laws, and in accordance with good
industry practices. The Licensee shall also ensure that the
cargo is stored at the plot specifically designated for the said
purpose under the extant regulations, regulations and Standard
Operating Procedures
o. If the cargo is required to be directly transported outside the
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Customs Bonded Area by the licensee, the licensee shall be


obligated to ensure that such cargo is transported outside the
Customs Bonded Area only after compliance of all applicable
laws; and after grant of all applicable permissions. Any breach
by the licensee of this obligation shall entitle the Licensing
Officer to forthwith suspend the license of the Licensee, in
addition to such other and further steps/actions, as the Board
is entitled to take under these Regulations.
p. The Licensee shall provide periodic training in modern methods
of cargo handling to personnel deployed for stevedoring
handling activities to improve productivity, efficiency, and
safety.
13. Prevention of Monopolistic Situation at the Port.—
a. To prevent monopolistic situations at the port and promote
healthy competition and a level playing field, the Board shall
make necessary endeavours to the effect that a minimum of
three stevedores are licensed to operate at each port under its
jurisdiction.
b. In the event that the number of licensed stevedores at a port
falls below three, the Board may take the following actions, or
such other actions/steps as may be deemed fit and proper:
I. The Board may appoint a qualified agency or entity to carry
out cargo handling operations at the port on its behalf to
maintain adequate competition and service availability.
II. The Board may, fix a ceiling handling rate that ensures fair
pricing and competition among the licensed stevedores.
III. The Board may, either directly or through a designated
agency, perform stevedoring and cargo handling operations
for such time as may be deemed fit and proper.
c. The Board shall frame guidelines to implement this regulation
effectively. Such guidelines shall outline the procedures,
timelines, and criteria for the appointment of agencies, and
additional stevedores, and the determination of the ceiling
handling rate.
d. The Board shall periodically review and update its guidelines as
necessary to maintain fair competition and prevent
monopolistic situations at the port.
e. The Board may take the above mentioned actions/steps; or
such other and/or further actions/steps at any time, including
when there are three or more Licensees at a Port.
14. Imposition of penalty and suspension or cancellation of
licence:.—
1. The Licensing Officer may review the performance of the
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Licensees at any time or after any interval as may be decided


and as may be deemed fit and proper, and may, by an order in
writing, and for reasons to be recorded, impose a penalty or
suspend or cancel the license issued by him on any of the
following grounds, namely:—
a. The performance standards have not been achieved for a
period of more than three months;
b. Handled cargo less than the volume as may be prescribed by
the Board, consecutively for a period more than 2 years;
c. Convicted by a Court for any offence;
d. Contravened safety rules and failed to comply with the
mandatory dock safety measures or other measures
concerning environmental protection, safety and security;
e. Failed to adopt proper and safe handling methods;
f. Found guilty of misrepresentation or misstatement of
material facts;
g. Adjudged insolvent, is facing proceedings for insolvency
under applicable laws, or is in liquidation;
h. Transferred, officially or by informal operation, the licence or
sub-contracted with any other person for operating the
stevedoring handling activities, either directly or indirectly;
i. Failed to comply with security rules, instructions or
International Ship and Port Facility Security Code and other
directives that may be issued by the competent authorities
from time to time;
j. Failed to submit daily performance report in the manner as
may be prescribed from time to time, for a period exceeding
such number days as may be prescribed by the Licensing
Officer;
k. Illegal and Unfair trade practices, including but not limited
to, delaying evacuation of cargo to continue to occupy a plot
in concert with an Importer/Exporter and causing hurdles in
the execution of stevedoring works by other Licensees;
l. Found guilty of misconduct which in the opinion of the
licensing officer, warrants cancellation or suspension of
license:
m. Causing obstruction in the unencumbered workings of the
Port, including but not limited to such acts or omissions as
may directly or indirectly lead to the creation of monopolistic
situations or amount to unfair trade practices.
n. If the Licensee is penalized under the provisions of these
Regulations.
2. Prior to cancellation or suspension of the License or imposition
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of any penalty, the Licensee shall be provided a reasonable


opportunity of showing cause as to why the proposed action
may not be taken.
3. A written order communicating the imposition of
penalty/suspension/cancellation shall usually be issued within
a period of 30 days from the date issuance of Show Cause
Notice.
15. Appeal:.—
a. Any person aggrieved by any order passed by the Licensing
Officer under these Regulations may prefer an appeal, in
writing and in such manner and form as may be prescribed,
before the Vice Chairman and Chief Executive Officer within a
period of 30 days from the date of receipt of the order of the
Licensing Officer. The Vice Chairman and Chief Executive
Officer shall decide such appeal, after giving the appellant an
opportunity of being heard, preferably within a period of 6
months.
16. Treatment to forfeiture, Refund security deposit.—
a. In addition to charges, license fee and penalties payable by the
Licensee under these Regulations, the Licensee shall pay in
favour of the Board, a non interest bearing Security Deposit of
an amount as may be prescribed by the Board from time to
time.
b. The security deposit paid by the applicant under these
Regulations shall be entitled to be deducted without notice
should the applicant fail to fulfill any of the terms and
conditions of these Regulations. The Security Deposit shall also
be liable to be forfeited if the Board suffers any losses,
damages, charges or penalties attributable to the acts or
omissions of the applicant/Licensee.
c. In the event of non-payment of any charges or penalties owed
to the licensing officer by the licensee, the licensing officer
reserves the right to forfeit all or part of the security deposit,
without prior intimation to the Licensee.
d. If the amount payable by the licensee to the Board exceeds the
security deposit, the licensee shall be liable to make payment
of the remaining amount to the Board at such time as may be
demanded by the Board. Failure to do so shall entitle the Board
to suspend or terminate the license in addition to recovery of
such amount from sale/auction of the machinery of the
Licensee or under use by the Licensee and the withholding of
No Dues Certificate (NDC) for specific consignments.
e. Subject to any deductions in the manner prescribed in these
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Regulations, the balance security deposit shall be refunded by


the Board without any interest:—
I. On the expiry of the period of license, when the licensee does
not seek renewal;
II. On the refusal of the application for renewal of license;
III. On cancellation of license; and
IV. If the Licensee desires to foreclose the license issued to it
and makes an application in writing to the Licensing Officer
for foreclosure and refund of the security deposit.
17. Penalties:.—In addition or alternate to the power of the
Licensing Officer to terminate or suspend a license, for failure to comply
with these Regulations or any directions that may be issued by the
Board, penalties shall be imposed on the Licensee, as under:
a. First breach: A Notice may be issued or penalty may be
imposed (of up to Rs. 1,00,000/-), at the discretion of the
Licensing Officer.
nd rd th
b. 2 , 3 and 4 breaches: A penalty of Rs.2,00,000/- per
breach shall be imposed and recovered from the PLD account or
security deposit.
th
c. 5 breach and onwards: a licensee will be suspended for the
next 1 year to carry out handling activities at Port.
d. The Board may modify the quantum of penalty payable for
various categories of breaches from time to time.
18. Power of Vice Chairman and Chief Executive Officer:.—The
Vice Chairman and Chief Executive Officer shall have the following
powers:
a. To act as an Appellate Authority;
b. To authorise an officer to monitor the effective implementation
of these Regulations;
c. To monitor the performance of licensees across all ports;
d. To issue directions, guideline and compliance protocols for
issues concerning cargo handling and storage, as may be
deemed fit and proper;
e. To conduct inquiries on issues related to noncompliance of
these Regulations;
f. To notify the ceiling of the handling rate or to appoint a
stevedore on behalf of the Board.
19. Common Ownership or Control of Multiple Licensees.—
a. If more than one Licensee is found to have been operating
under common ownership or control on account of common
directors, promoters, shareholders or partners, or for any other
reason; all such entities shall be treated as a single licensee for
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the purposes of these Regulations at the respective Port(s). In


such a scenario, the Licensing Officer shall be entitled to grant
license only to one such applicant port wise, while rejecting the
applications for issuance of license of other such related
entities under common ownership or control.
b. The Board shall be entitled to call for such information,
documentation, records, undertakings, shareholding patterns,
ownership structures, etc., as may be deemed fit and proper,
to determine the ownership credentials of the Licensees.
c. It shall be obligation of each such Licensee within the same
group to disclose, in advance, at the time of making an
Application under these Regulations, that it is part of the
group, having common ownership or control. Failure to do so,
or a deliberate attempt to suppress such information shall
entitle the Board to suspend, terminate or blacklist such
Licensee(s).
d. The Board reserves the right to take appropriate action,
including but not limited to imposition of penalties, suspension,
or cancellation of licenses, or the blacklisting of licensees, if it
is determined that entities within the group are operating with
the intent of creating monopolistic, unfair trade or anti-
competitive practices.
20. Savings.—Anything done or any action taken under the regime
of The Gujarat Ports (Licensing of Persons engaged in Loading or
Unloading Vessles) Rules, 1969. Power prior to the effective date of
these Regulations shall be deemed to have been done under these
Regulations.
On behalf of Gujarat Maritime Board,
Rajkumar Beniwal (IAS),
Vice Chairman and Chief Executive Officer.
Appendix - 1
Minimum Gear and Equipment Requirements
Category 1: License for handling Import/Export Cargo
Direct Berthing Operation:
– Loaders: At least 10 units
– Excavators: At least 2 units
– Payloaders: At least 2 units
Lighterage Operation:
– Loaders: At least 10 units
– Excavators: At least 2 units
– Payloaders: At least 2 units
– Barges: At least 5 units
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Category 2: License for handling Coastal Cargo


Direct Berthing Operation:
– Loaders: At least 2 units
– Excavators: At least 1 unit
– Payloaders: At least 1 unit
Lighterage Operation:
– Loaders: At least 2 units
– Excavators: At least 1 unit
– Payloaders: At least 1 unit
– Barges: At least 1 unit
Category 3: License for handling cargo from/to Sailing Vessels
No minimum equipment requirements.
1. Applicants must ensure that they own or hire the specified
equipment in the quantities mentioned for the respective
category and type of operation. The equipment should meet
the safety and operational standards set by the Board. The
Board reserves the right to revise these requirements based on
industry standards and safety regulations. The Board shall also
be entitled to issue directives concerning operating procedures,
minimum requirements and safety, which shall be complied
forthwith by all licensees.
2. Applicants are required to provide proof of ownership or hire
agreements for the specified equipment as part of their license
application.
Form A
APPLICATION FORM FOR THE ISSUE OR RENEWAL OF
STEVEDORING LICENSE UNDER THE GUJARAT PORTS
(LICENSING OF PERSONS ENGAGED IN LOADING AND
UNLOADING VESSELS) REGULATION, 2024
Sr. Description Details To Be Filled By The Applicant
No.
1 Name of the
applicant
2 Whether the
applicant is a
company registered
under the
Companies Act,
2013 (18 of 2013)
or a partnership
firm, a limited
liability partnership
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or a person or any
other legal entity
(documentary proof
to be attached)
3 Address for
communication
4 Applicant's GST No.
5 Contact No. of
applicant
6 Name of the person
to be contacted and
Mobile No.
7 E-mail and Fax No.
of the applicant
8 Period for which
License is required
9 Details of
processing fees
10 Mention the
category for which
license is required
11 Name(s) of the
Steamship or
Company or
Charterer of ship or
owner of cargo,
with whom the
contract for
stevedoring
handling of cargo is
finalised or is
proposed to be
entered into
(enclose copy of
contract).
Approximate
tonnage for each
party is to be
indicated.
12 Previous experience
in stevedoring
activities (enclosed
proof of the cargo
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and tonnage
handled in the
previous three
years)
13 Details of the Year Turnover
turnover of the
preceding three
financial year

14 Details of vessels Year Vessels Cargo


handled and cargo Handled Handled
handled during the
preceding three
years.

15 Whether the
applicant possesses
equipment and
gears required for
stevedoring
activities (enclosed
list of equipment
and gears with
safety certificate)
16 Whether the
applicant has
employed or is
willing to give an
undertaking to
employ at least one
supervisory
personnel per
vessel possessing a
minimum of two
years of experience
in cargo handling
or stowage required
for undertaking the
stevedoring
activities (enclosed
list of employees,
their detailed
profile including
work experience)
17 Whether the
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aaplicant is willing
to pay security
deposit.

I/We, affirm that the particulars given above are absolutely true and
correct; and without any manipulation or suppression..
I/We, agree to furnish any other information/produce any record as
may be required by the Board.
I/We, agree to abide by the Gujarat Ports (Licensing of Persons
Engaged In Loading and Unloading Vessels) Regulations, 2024 as
amended from time to time and to comply with the directions issued by
the Board from time to time.
I/We hereby undertake that no other applicant or existing Licensee
has common ownership or control on account common directors,
promoters, shareholders or partners, or for any any other reason with
us.
Place:______________
Signature of applicant__________________________
Date:_______________
with Official Seal
Documents Enclosed Please Tick
Copy of the Partnership Deed if
the applicant is a partnership firm
Copy of the Articles of Association
if the applicant is registered as a
Co-operative Society/Trust etc.
Copy of the Memorandum of
Association if the applicant is
registered as a Co-operative
Society/Trust etc.
Certificate of Incorporation if the
applicant is a company
Bio-data of promoters of
Company/Directors of Firm/Owner
or Association
Previous experience in
stevedoring activities
Documentary evidence of the
Steamship or Company or
Charterer of ship or owner of
cargo, with whom the contract for
stevedoring handling of cargo is
finalised
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Evidence of preceding three


financial years turnover
Evidence of equipment and gears
for stevedoring activities
Profiles of supervisory personnel
for cargo handling activities
Evidence of processing fees
payment
Copy of the Income Tax return for
the last 3 years, and information
related to ITR, mentioning income
and tax paid respectively
Annual Reports of the last 3 years
Signed and Notarised indemnity
bond as per Form - E
Documentary evidence of Cargo
loaded and unloaded in preceding
three years

For GMB Port Office Use Only


Licensing Officer's Recommendations
The following requisite documents have been submitted by the
applicant and are found to be in order
Documents Enclosed Please Tick Page No.
Copy of the Partnership Deed
if the applicant is a
partnership firm
Copy of the Articles of
Association if the applicant is
registered as a Co-operative
Society/Trust etc.
Copy of the Memorandum of
Association if the applicant is
registered as a Co-operative
Society/Trust etc.
Certificate of Incorporation if
the applicant is a company
Bio-data of promoters of
Company/Directors of
Firm/Owner or Association
Previous experience in
stevedoring activities
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Documentary evidence of the


Steamship or Company or
Charterer of ship or owner of
cargo, with whom the contract
for stevedoring handling of
cargo is finalised
Evidence of preceding three
financial years turnover
Evidence of equipment and
gears for stevedoring
activities
Profiles of supervisory
personnel for cargo handling
activities
Evidence of processing fees
payment
Copy of the Income Tax return
for the last 3 years, and
information related to ITR,
mentioning income and tax
paid respectively
Annual Reports of the last 3
years
Signed and Notarised
indemnity bond as per Form -
E
Documentary evidence of
Cargo loaded and unloaded in
preceding three years

Particulars Compliance Remarks


Yes/No
Has the applicant provided all
required documents as per
the requirement of this
regulation?
Does applicant possess the
minimum required gears and
equipment as per Appendix -I
Does applicant have sufficient
and experienced manpower as
per regulation?
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Does applicant possess a good


past record?
Does the applicant possess
knowledge about loading and
unloading operation?
Has applicant given any
guarantee of minimum cargo
handling during the period of
licensee? If yes, specify in
remarks.
Has applicant given any
guarantee to achieve
minimum loading or discharge
rate for various categories of
cargo? If yes, please specify
in remarks.

Recommendation
Signature:_________________
Form - B
Standard Format for Renewal of Stevedoring Licence
To,
The Licensing Officer,
______________(Port Office)
GMB
Date:
Subject: Application for renewal of Stevedoring license for
_____________________Port
Sir,
I/We apply for renewal of a license for loading and unloading vessels
at the Port of_____________________. The requisite Particulars for
the purpose are given below. I/We undertake to pay the requisite
license fee on demand.
Sr. Particulars Information
No.
1 Name of the license holder
2 Address of the license holder
3 Port location
4 Category of licence
5 Current licence details
6 License expiry date
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7 License holder's GST No.


8 Performance during the last license
period (As per category)
9 IT return of preceding three years
10 Documentary evidence indicating
experience
11 Documentary evidence for Cargo loaded
or unloaded in preceding three years
12 Whether Stevedores possess minimum
equipment/gear either owned or hired
13 Whether Stevedores shall undertake to
employ: At least one supervisory
personnel with minimum of two years
vessel wise cargo handling/stowage
experience. The profiles have to be
enclosed along with the application.
14 Whether license processing fees are paid
15 Signed and Notarised indemnity bond as
per Form - E

All the particulars given above are correct and nothing has been
concealed or misrepresented and if any facts are found wrong,
incorrect, or concealed, Gujarat Maritime Board shall be at the liberty to
decline our request for renewal of stevedoring license.
You are requested to please renew the stevedoring license as
detailed out.
Yours Sincerely,
For______________
Signature:______________
(Licensee/Partner(s)/Authorized Representative)
___________________
Address:________________
Phone No._________________
Email id____________________
For GMB Use Only
Licensing Officer Recommendations
The following requisite information has been submitted by the
applicant in the proposal and is found to be in order.
Sr. Particulars Information Annexure
No. as per
proposal by
Licensing
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Officer
1 License expiry date
2 Was the license fee paid on time?
3 Any pending recovery from
applicant?
4 Has there been any complaint
against the applicant?
5 If yes, mention the same
6 Has the applicant adhered to the
land/plot/godown guidelines of
GMB?
7 If no, then what is the issue
against the applicant?
8 Any changes in the details
provided by the applicant during
the grant of stevedoring license?
9 If yes, then what are the
changes?
10 Has the licensee adhered to the
terms and conditions of previous
license?
11 Has the licensee performed as per
category during the last license
period

Recommendations:
Signature:_____________

Form - C
Stevedoring License
Port of______________
Gujarat Maritime Board
[Office's Address]
[City, State]
Stevedoring License
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License No._________________
Date:________________
Category: Category_________________
Period of Validity: From_________________to________________
Application Fee Paid: Rs._________________(Receipt
No._________________)
Security Deposit Paid: Rs.___________________(Receipt
No.____________)
License Fee Paid: Rs.___________________(Receipt
No.______________)
To: Shri/Messers_________________
You are hereby granted a license to load and unload cargo from
vessels at _____________________________ port, located in the port
of _______________, in accordance with the Gujarat Ports (Licensing
of Persons Engaged in Loading and Unloading Vessels) Regulations,
2024.
This license remains valid until ________________ or until
cancelled by the Licensing Officer, whichever occurs earlier.
Licensing Officer/Authorized Officer
Gujarat Maritime Board
Form - D
Vessel Completion Report
Port Name
Port Location
Importer/Exporter Name
Licensee Name
License Number
Berth Detail 1.____________
2.____________
3.______________
Vessel Name
Vessel GRT
Vessel Type Geared/Non Geared
Details of Supervisory Personnel
Operation Type Direct Berthing/Lighterage
Operation
Cargo Details — Cargo Description:________
— Cargo Type:
________________
— Lighterage Cargo/Direct
Berthing Cargo (Please Tick)
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— Cargo Quantity (in Metric


Tons):_____________
Equipments used during Yes/No
operation If yes,
Detail of Ship
Crane:_____________Number of
Barge:____________
Number of Floating Crane:
_______________
Shore Equipments used during Yes/No
operation If yes,
Number of Truck:_____________
Number of
Loader:________________
Number of
Payloader:___________
Number of
Excavator:___________
Arrival Date and Time
Operation Commencement Date
and Time
Date and Time for the first lot
arrived in the Port or Unloaded on
the Berth
Operation Completion Date and
Time
Date and Time for the last lot
evacuated from the Port or
Loaded on the Ship
Departure Date and Time
Storage Description
Storage Location
Storage Duration
Additional Remarks/Notes

Declaration
I hereby declare that the information provided in this Form D is
accurate and complete to the best of my knowledge. I understand that
any discrepancies or false information may result in penalties or license
-related actions in accordance with the regulations.
Signature:_____________
Date:_____________
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[Licensee Seal/Stamp]
Form - E
INDEMNITY BOND
[To be furnished in the stamp paper of Rs. 300/- ]
INDENTURE OF INDEMNITY
This Indenture of Indemnity (hereinafter referred to as the
“Bond”) is furnished by:
[Name of Licensee/License Holder], a company registered under
the Companies Act, 2013 (18 of 2013) [or relevant legal entity details]
and having its registered office at [Registered Office Address],
hereinafter referred to as the “Licensee,” which expression shall, unless
repugnant to the context or meaning thereof, be deemed to mean and
include its successors, legal representatives, and assigns.
In favour of—
Gujarat Maritime Board (GMB), a statutory body constituted
under the Gujarat Maritime Board Act, 1981, having its registered office
at [GMB Office Address], hereinafter referred to as the “GMB.”
WHEREAS, the Licensee has applied for and been granted/renewed
a license by the GMB under the Gujarat Ports (Licensing of Persons
Engaged in Loading and Unloading Vessels) Regulations, 2024.
NOW, THEREFORE, in consideration of the grant of the said license
by the GMB and other good and valuable consideration, the parties
hereto hereby agree as follows:
1. The Licensee undertakes to fully indemnify the GMB against all
claims, actions, suits, demands, costs, charges, losses,
damages or expenses arising out of the operations carried out
by the Licensee under the license issued in accordance with the
Regulations.
2. The Licensee shall not, directly or indirectly, hold the GMB
responsible for any loss, injury, damage, or any claim arising
due to the operations conducted by the Licensee at the port.
3. This Bond shall remain in full force and effect as long as the
license issued to the Licensee by the GMB remains in force.
IN WITNESS WHEREOF, the Licensee has executed this Bond as of
the date first above written.
[Seal/Stamp of Licensee]
Authorized Signatory: [Name of Authorized Signatory]
Designation: [Designation of Signatory]
Date: [Date of Execution]
Witness 1: Name: [Name of Witness 1] Address: [Address of
Witness 1]
Witness 2: Name: [Name of Witness 2] Address: [Address of
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Witness 2]
FORM - F(I)
Application for Exemption Certificate
Under sub-regulation (c) of regulation (11) of the Gujarat Ports
(Licensing of Persons Engaged in Loading and Unloading
Vessels) Regulations, 2024
[Date:____________________________]
To,
The Licensing Officer,
[Gujarat Maritime Board/Licensing Authority Address]
Dear Sir/Madam,
I, [Applicant's Full Name], on behalf of [Captive Jetty
Operator/Private Port Operator], hereby submit my application for an
Exemption Certificate under the Gujarat Ports (Licensing of Persons
Engaged in Loading and Unloading Vessels) Regulations, 2024. I
request an exemption for the following cargo handling activities at the
port:
1. Port of Operation: [Name of Port]
2. Structures (Specify all, if there are more than one):
3. Nature of Cargo Handling Activities: [Describe the specific
cargo handling activities]
Please find enclosed the following documents to support my
application:
A. A copy of the Agreement executed with the Board.
B. Indemnity Bond & Undertaking
C. [Other required documents, if any]
I declare that the cargo handling activities will be carried out by
ourselves, and no third party shall be involved, either partly or fully, in
cargo handling operations.
I request that my application be reviewed and considered for the
issuance of an Exemption Certificate as per the provisions of the
regulations. I am committed to complying with all necessary conditions
and requirements as specified by the Gujarat Maritime Board or
Licensing Authority.
Thank you for considering my application. I look forward to a
favourable response.
Yours faithfully,
[Applicant's Signature]
[Full Name of Applicant]
[Position]
[Company Name]
[Contact Information: Address, Phone, Email]
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FORM-F(II)
Indemnity Bond & Undertaking
Under sub- regulation (i) of regulation (11) of the Gujarat Ports
(Licensing of Persons Engaged in Loading and Unloading
Vessels) Regulations, 2024
[To be furnished Notarized on the stamp paper of Rs. 300/- ]
[Date:__________________________]
I, [Name of Operator], on behalf of [Captive Jetty Operator/Private
Port Operator], hereby undertake to comply with the conditions and
requirements specified in the Exemption Certificate issued to us by the
Gujarat Maritime Board/Licensing Authority under the Gujarat Ports
(Licensing of Persons Engaged in Loading and Unloading Vessels)
Regulations, 2024.
I further undertake to indemnify the Gujarat Maritime
Board/Licensing Authority against all third-party claims that may arise
from our cargo handling operations, which are subject to this
exemption certificate.
I have read and understood the conditions of the exemption and
hereby agree to abide by them.
Name of Operator:________________________________
Signature:_______________________________________
Date:__________________________
[Seal/Stamp of the Operator, if applicable]
FORM- F(III)
Exemption Certificate
Under sub-regulation (f) of regulation (11) of the Gujarat Ports
(Licensing of Persons Engaged in Loading and Unloading
Vessels) Regulations, 2024
[Date:__________________________]
This is to certify that [Name of Captive Jetty Operator/Private Port
Operator], having its principal place of business at [Operator's
Address], is hereby granted an exemption certificate for the cargo
handling activities at [Name of Port]:
1. Nature of Cargo Handling Activities: [Describe the specific
cargo handling activities]
2. Structure Name (Specify all, in case of more than one):
3. Duration of Exemption: [Start Date - End Date]
The loading and unloading activities at name of
structure/s______________ under the jurisdiction of__________Group
of Ports are exempted from the provisions of the Gujarat Ports
(Licensing of Persons Engaged in Loading and Unloading Vessels)
Regulations, 2024, subject to the following conditions:
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1. The exemptee shall carry out cargo handling activities in a safe


and secure manner, adhering to all applicable safety standards
and regulations. They shall implement and maintain
appropriate safety measures to prevent accidents or incidents
during cargo handling operations.
2. The exemptee shall strictly adhere to all prevailing acts, rules,
and regulations issued by the Government of Gujarat, relevant
to the handling of specific commodities. This includes but is not
limited to environmental regulations, customs regulations, and
any specific regulations related to the handling of hazardous
materials.
3. The exemptee shall carry out cargo handling themselves and
shall not engage any third party, either partially or fully, in
cargo handling operations.
4. In the event that the exemptee engages a third-party
stevedore, they shall ensure that the stevedore possesses a
valid license issued under the Gujarat Ports (Licensing of
Persons Engaged in Loading and Unloading Vessels)
Regulations, 2024. The stevedore must meet all the criteria for
obtaining and maintaining such a license.
5. The exemptee shall maintain accurate records of all cargo
handling operations, including cargo types, quantities, and any
incidents or accidents. These records shall be made available to
the Gujarat Maritime Board/Licensing Authority upon request.
The exemptee shall also promptly report any non-compliance
with the terms of this Exemption Certificate.
6. The exemptee shall comply with all environmental regulations
and standards, particularly those related to the handling of
hazardous or environmentally sensitive cargo. They shall take
measures to prevent pollution and environmental harm during
cargo handling operations.
7. The exemptee shall maintain public liability insurance coverage
to compensate third parties for any injury, loss, or damage
arising from their cargo handling activities. Proof of insurance
coverage shall be provided to the Gujarat Maritime
Board/Licensing Authority and kept current throughout the
duration of the exemption.
8. The Gujarat Maritime Board/Licensing Authority reserves the
right to conduct regular inspections and audits of the
exemptee's cargo handling operations to ensure compliance
with these conditions.
9. The exemptee shall promptly notify the Gujarat Maritime
Board/Licensing Authority of any changes in their cargo
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handling activities, business structure, or any other relevant


changes that may affect their eligibility for this exemption.
10. The exemptee shall indemnify the Gujarat Maritime
Board/Licensing Authority against all third-party claims that
may arise from their cargo handling operations, including but
not limited to injuries, losses, damages, and environmental
harm.
This exemption certificate is issued in accordance with the said
regulations and will remain valid for the specified duration, subject to
the operator's compliance with the conditions mentioned above.
———
1.
Vide Notification No. GMB/T/1/2024/S.L./55, Extra., dated 27-02-2024, published in the
Gujarat Gazette, dated 27-02-2024.

Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/
regulation/ circular/ notification is being circulated on the condition and understanding that the publisher would not be
liable in any manner by reason of any mistake or omission or for any action taken or omitted to be taken or advice
rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/ notification. All
disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The authenticity of
this text must be verified from the original source.

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