Vidhi Codex

The Major Port Authorities Act, 2021

The Major Port Authorities Act, 2021

Infrastructure202176 sections8 chapters

The Major Port Authorities Act, 2021, regulates the management, operation, and planning of eleven specific major Indian ports, including Mumbai and Kolkata. It applies to the Boards governing these ports, their employees, and private business partners. This law matters because it grants these ports much greater autonomy and flexibility compared to the previous 1963 Act. By decentralizing control and allowing Boards to set their own rates and development plans, it helps them compete more effectively with private ports. Additionally, it creates a new dedicated Adjudicatory Board to resolve industrial disputes and project issues efficiently.

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Chapter I PRELIMINARY →

  1. 1Short title, commencement and application
  2. 2Definitions.

Chapter II BOARD OF MAJOR PORT AUTHORITY →

  1. 3Constitution and composition of Board of Major Port Authority.
  2. 4Qualifications of Chairperson, Deputy Chairperson and Members of Board.
  3. 5Disqualification of Chairperson, Deputy Chairperson and Member from office in certain circumstances.
  4. 6Term of office of Chairperson, Deputy Chairperson and Members.
  5. 7Disclosure of interest.
  6. 8Resignation of Members.
  7. 9Removal from office of Chairperson, Deputy Chairperson and Members.
  8. 10Filling of casual vacancies.
  9. 11Honorarium payable to Independent Members.
  10. 12Powers and duties of Chairperson, Deputy Chairperson and Members.
  11. 13Meetings of Board.
  12. 14Committees of Board.
  13. 15Delegation of powers.
  14. 16Restriction of re-employment.
  15. 17Vacancies, etc., not to invalidate proceedings of Board.
  16. 18Power to make appointments.
  17. 19Authentication of orders and other instruments of Board.

Chapter III CHAPTER III →

  1. 20List of staff of Board.
  2. 21Board to be deemed as successor of Board of Trustees of Major Port.
  3. 22Usage of port assets by Board.
  4. 23Procedure when immovable property cannot be acquired by agreement.
  5. 24Contracts by Board.
  6. 25Master Plan.
  7. 26Powers of Board in respect of planning and development.
  8. 27Scale of rates for assets and services available at Major Port.
  9. 28Board's lien for rates.
  10. 29Ship-owner's lien for freight and other charges.
  11. 30Sale of goods and application of sale proceeds in certain cases.
  12. 31Recovery of rates and charges by distraint of vessel.
  13. 32Application to Adjudicatory Board.

Chapter IV CHAPTER IV →

  1. 33Power to raise loans and issue securities
  2. 34Endorsements to be made on security itself.
  3. 35Endorser of security not liable for amount thereof.
  4. 36Recognition as holder of port securities in certain cases and legal effect thereof.
  5. 37Discharge in certain cases.
  6. 38Security for loans taken out by Boards of Major Port Authorities.
  7. 39Power of Board to repay loans to Government before due date.
  8. 40Establishment and application of sinking fund.
  9. 41Existing loans and securities to continue.
  10. 42General accounts of Board.
  11. 43Application of money in general accounts.
  12. 44Accounts and audit.

Chapter V SUPERVISION OF CENTRAL GOVERNMENT →

  1. 45Administration report.
  2. 46Power of Central Government to order survey or examination of works of Board.
  3. 47Power of Central Government to restore or complete works at cost of Board.
  4. 48Power of Central Government to take over management of Board.
  5. 49Laying of report.
  6. 50Power of Central Government to exempt from obligation to use port assets.
  7. 51Board not to sell, alienate or divest its assets, properties, rights, powers and authorisations without sanction of Central Government.
  8. 52Remedies of Government in respect of loans made to Board.
  9. 53Power of Central Government to issue directions.

Chapter VI CONSTITUTION OF ADJUCATORY BOARD →

  1. 54Constitution of Adjudicatory Board.
  2. 55Composition of Adjudicatory Board.
  3. 56Qualifications, terms and conditions of service of Presiding Officer and members of Adjudicatory Board.
  4. 57Removal and suspension of Presiding Officer and members of Adjudicatory Board.
  5. 58Powers and functions of Adjudicatory Board.
  6. 59Bar of jurisdiction of any court.
  7. 60Review and appeal.
  8. 61Officers and employees of Adjudicatory Board.

Chapter VII PENALTIES →

  1. 62General provision for punishment of offences.
  2. 63Offences by companies.

Chapter VIII MISCELLANEOUS →

  1. 64Cognizance of offences.
  2. 65Protection of action taken in good faith.
  3. 66Employees of Board or Adjudicatory Board to be public servants.
  4. 67Application of other laws not barred.
  5. 68Power to evict certain persons from premises of Board.
  6. 69Alternate remedy by suit.
  7. 70Corporate Social Responsibility and development of infrastructure by Board.
  8. 71Power of Central Government to make rules.
  9. 72Power of Board to make regulations.
  10. 73Laying of rules and regulations.
  11. 74Power to remove difficulties.
  12. 75Repeal and savings.
  13. 76Transitional provision.

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