The Major Port Authorities Act, 2021

CourtMinistry of Ports, Shipping and Waterways
Coming into Force03 November 2021
Date17 February 2021
Act Number1
Enactment Date17 February 2021
Record Number202101
1
THE MAJOR PORT AUTHORITIES ACT, 2021
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title, commencement and application
2. Definitions. CHAPTER II
BOARD OF MAJOR PORT AUTHORITY
3. Constitution and composition of Board of Major Port Authority.
4. Qualifications of Chairperson, Deputy Chairperson and Members of Board.
5. Disqualification of Chairperson, Deputy Chairperson and Member from office in certain
circumstances.
6. Term of office of Chairperson, Deputy Chairperson and Members.
7. Disclosure of interest.
8. Resignation of Members.
9. Removal from office of Chairperson, Deputy Chairperson and Members.
10. Filling of casual vacancies.
11. Honorarium payable to Independent Members.
12. Powers and duties of Chairperson, Deputy Chairperson and Members.
13. Meetings of Board.
14. Committees of Board.
15. Delegation of powers.
16. Restriction of re-employment.
17. Vacancies, etc., not to invalidate proceedings of Board.
18. Power to make appointments.
19. Authentication of orders and other instruments of Board.
CHAPTER III
MANAGEMENT AND ADMINISTRATION
A. STAFF OF MAJOR PORT AUTHORITY
20. List of staff of Board. B. PROPERTY OF CONTRACTS
21. Board to be deemed as successor of Board of Trustees of Major Port.
22. Usage of port assets by Board.
23. Procedure when immovable property cannot be acquired by agreement.
24. Contracts by Board. C. PLANING AND DEVELOPMENT
25. Master Plan.
26. Powers of Board in respect of planning and development.
D. IMPOSTION OF RATES
27. Scale of rates for assets and services available at Major Port.
28. Board's lien for rates.
29. Ship-owner's lien for freight and other charges.
30. Sale of goods and application of sale proceeds in certain cases.
31. Recovery of rates and charges by distraint of vessel.
32. Application to Adjudicatory Board. CHAPTER IV
POWER OF BOARD OF MAJOR PORT AUTHORITY IN RESPECT OF LOANS AND SECURITIES
A. FINANCIAL POWERS OF BOARDS OF MAJOR PORT AUTHORITIES
33. Power to raise loans and issue securities.
34. Endorsements to be made on security itself.
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35. Endorser of security not liable for amount thereof.
36. Recognition as holder of port securities in certain cases and legal effect thereof.
37. Discharge in certain cases.
38. Security for loans taken out by Boards of Major Port Authorities.
39. Power of Board to repay loans to Government before due date.
40. Establishment and application of sinking fund.
41. Existing loans and securities to continue.
B. GENERAL ACCOUNTS OF MAJOR PORT AUTHORITIES
42. General accounts of Board.
43. Application of money in general accounts.
C. ACCOUNTS AND AUDITS
44. Accounts and audit. CHAPTER V
SUPERVISION OF CENTRAL GOVERNMENT
45. Administration report.
46. Power of Central Government to order survey or examination of works of Board.
47. Power of Central Government to restore or complete works at cost of Board.
48. Power of Central Government to take over management of Board.
49. Laying of report.
50. Power of Central Government to exempt from obligation to use port assets.
51. Board not to sell, alienate or divest its assets, properties, rights, powers and authorisations
without sanction of Central Government.
52. Remedies of Government in respect of loans made to Board.
53. Power of Central Government to issue directions.
CHAPTER VI
CONSTITUTION OF ADJUCATORY BOARD
54. Constitution of Adjudicatory Board.
55. Composition of Adjudicatory Board.
56. Qualifications, terms and conditions of service of Presiding Officer and members of
Adjudicatory Board.
57. Removal and suspension of Presiding Officer and members of Adjudicatory Board.
58. Powers and functions of Adjudicatory Board.
59. Bar of jurisdiction of any court.
60. Review and appeal.
61. Officers and employees of Adjudicatory Board.
CHAPTER VII
PENALTIES
62. General provision for punishment of offences.
63. Offences by companies. CHAPTER VIII
MISCELLANEOUS
64. Cognizance of offences.
65. Protection of action taken in good faith.
66. Employees of Board or Adjudicatory Board to be public servants.
67. Application of other laws not barred.
68. Power to evict certain persons from premises of Board.
69. Alternate remedy by suit.
70. Corporate Social Responsibility and development of infrastructure by Board.
71. Power of Central Government to make rules.
72. Power of Board to make regulations.
73. Laying of rules and regulations.
74. Power to remove difficulties.
75. Repeal and savings.
76. Transitional provision.

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