Chapter II MARITIME STATE DEVELOPMENT COUNCIL

(1) The Central Government shall, by notification, establish, for the purposes of this Act, a Council to be called the Maritime State Development Council. (2) The Council shall consist of the following members, ex officio, namely:— (a) the Union Minister for Ports, Shipping and Waterways who shall be the Chairperson; (b) the Minister-in-charge of ports of each State; (c) the Minister-in-charge of the Union territory of Puducherry and the Administrators of all other coastal Union territories; (d) an officer equivalent in rank to the Secretary of the Government of India in the Indian Navy dealing with coastal security, to be nominated by the Central Government in the Ministry of Defence; (e) an officer equivalent in rank to the Secretary of the Government of India in the Indian Coast Guard dealing with coastal security, to be nominated by the Central Government in the Ministry of Defence; (f) the Secretary to the Government of India in the Ministry of Ports, Shipping and Waterways, who shall be the Member Secretary of the Council. (3) The Chairperson may invite such persons to the meetings of the Council, in such manner and subject to such conditions as may be specified by regulations. (4) The Council shall transact business at its meetings in such manner as may be specified by regulations. (5) No member shall receive any remuneration for the performance of its functions under this Act. (6) Notwithstanding anything in any other law for the time being in force, the office of a member of the Council shall not be deemed to be an office of profit.

The Chairperson shall have the powers of general superintendence and directions in the conduct of the affairs of the Council and shall discharge other powers and functions of the Council as may be assigned to him under this Act.

No act or proceeding of the Council shall be invalid merely by reason of,— (a) any vacancy in, or any defect in the constitution of, the Council; or (b) any defect in the appointment of a person acting as a member of the Council; or (c) any irregularity in the procedure of the Council not affecting the merits of the case.

(1) The Council shall,— (a) make recommendations to the Government on,— (i) the adequacy of the existing legal framework or statutory compliances, with a view to provide for a more efficient and conducive framework for ports in India; (ii) measures to facilitate growth of the port sector and to promote competition and efficiency in the operation of ports; (iii) port connectivity and assessing the requirement of other infrastructure through road, rail, inland waterways transport, pipeline and conveyor; (iv) any other matter relating to ports, as the Council may decide; and (v) any other matter as may be referred to it by the Central Government or the State Government; (b) discharge the following functions, in consultation with the Central Government and the State Governments, namely:— (i) to advise the Central Government on the formulation of the national perspective plan referred to in section 12; (ii) issue guidelines in respect of the following, namely:— (A) the data or information to be collected by ports and the manner of collection, storage, updation and submission of such data or information to the Council; (B) to provide for the manner in which any information, records, data and research studies relating to ports, shall be disseminated, including the grant of public access thereto; (C) for ensuring transparency of port tariff; (c) perform such other functions including administrative and financial functions as may be entrusted to it by the Central Government. (2) While discharging its functions, the Council shall exercise transparency and take into account the optimum management and utilisation of the available coastline, appropriate cost of logistics through multi-modality, national development priorities, sustainability and issues of national security. (3) Where the Council considers it expedient so to do for the purpose of discharging its functions under sub-section (1), it may, by order in writing, call upon the Authority, port or any person, at any time to furnish in writing, such information as the Council may require.

(1) The Central Government may make available to the Council such officers and employees as it considers necessary for the efficient discharge of the functions of the Council under this Act. (2) The salary and allowances payable to, and the other conditions of service of the employees of the Council shall be such as may be prescribed by the Central Government.

The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Council grants of such sums of money as are required by it to discharge its functions under this Act.

The Council may, by general or special order in writing, delegate to any member or employee of the Council, subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act, except the power to make regulations or to issue guidelines, as it may deem necessary.