Resolution of disputes

(1) Every State Government shall, by notification, constitute a Dispute Resolution Committee consisting of not less than three members, for the purposes of adjudicating any dispute arising between ports other than major ports, concessionaires, port users and port service providers within the State, unless the parties have agreed to arbitration or any other dispute resolution mechanism forming part of the concession agreement, licence, permit or authorisation. (2) An application for adjudication of any dispute referred to in sub-section (1) shall be made to the State Maritime Board in such form and manner as may be prescribed by the State Government and the State Maritime Board shall refer the application to the Dispute Resolution Committee. (3) The Dispute Resolution Committee shall, after giving the parties an opportunity of being heard, pass an order in writing within a period of six months from the date of receipt of the application by it: Provided that where the Dispute Resolution Committee is unable to dispose of such dispute within the stipulated period of six months, it may extend the period of disposal up to three months at a time, with reasons to be recorded in writing, but such period including extended period, shall not exceed twelve months in any case. (4) The Dispute Resolution Committee shall, for the purposes of discharging its function under sub-section (1), have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:— (a) the discovery and production of books of account and other documents; (b) summoning and enforcing the attendance of persons and examining them on oath; (c) issuing commissions for the examination of witnesses or documents; and (d) any other matter which may be prescribed by the State Government. (5) Any party aggrieved by an order of the Dispute Resolution Committee under sub-section (3), may prefer an appeal to the High Court of the appropriate jurisdiction, within sixty days from the date on which a copy of the order is received by the party.