Major Port Authorities Act 2021. Boards to be constituted for regulation, operation and planning

Major Port Authorities Act, 2021 has received the assent of the President on the 17th February, 2021

The Major Port Authorities Act, 2021

The said Act provides for regulation, operation and planning of Major Ports in India and to vest the administration, control and management of such ports upon the Boards of Major Port Authorities and for matters connected therewith or incidental thereto.

The Act applies to the Major Ports of Chennai, Cochin, Deendayal (Kandla), Jawaharlal Nehru (Nhava Sheva), Kolkata, Mormugao, Mumbai, New Mangalore, Paradip, V.O. Chidambaranar (Tuticorin) and Visakhapatnam.

The Central Government shall, within a period of ninety days from the date of commencement of this Act, , in respect of each Major Port, constitute a Board called the Board of Major Port Authority for that Major Port.

The Board of each Major Port shall be entitled to use its property, assets and funds in such manner and for such purposes as it may deem fit for the benefit of that Major Port.

However, the Board shall not sell, alienate or divest its assets, properties, rights, powers and authorisations vested in it under this Act without the prior sanction of the Central Government.

For the purposes of planning and development of the Major Port, the Board in relation to that Major Port shall have the power to make regulations, not inconsistent with the Customs Act, 1962.

The Board may for the purposes of its capital expenditure and working capital requirements raise loans from scheduled bank or financial institutions.

The accounts of the Board shall be audited by the Comptroller and Auditor-General of India or such other person as may be appointed by him in this behalf.

Also, the Central Government shall constitute a Adjudicatory Board. Until the constitution of the Adjudicatory Board, the Tariff Authority for Major Ports constituted under section 47A of the Major Port Trusts Act, 1963 shall discharge the functions of the Adjudicatory Board under this Act and shall cease to exist immediately after the constitution of the Adjudicatory Board.

The Adjudicatory Board shall exercise the functions envisaged to be carried out by the erstwhile Tariff Authority for Major Ports arising from the Tariff Guidelines and tariffs orders issued by the said Authority. The Board shall also receive and adjudicate reference on any dispute, claims, complaints. The Adjudicatory Board shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908.

Any party aggrieved by any decision or order of the Adjudicatory Board, may file an appeal to the Supreme Court of India.

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