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Bare Acts

The Major Port Authorities Act, 2021

An Act to provide 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.

Act Details

Act Number:

01

Act Year:

2021

Location:

Enactment Date:

2/17/2021

Enforcement Date:

3-11-2021

Ministry:

Ministry of Ports, Shipping and Waterways

All Section List

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, commencement and application

Section 2

BOARD OF MAJOR PORT AUTHORITY

Section 3 to Section 19

Section 3

Constitution and composition of Board of Major Port Authority.

Section 4

Qualifications of Chairperson, Deputy Chairperson and Members of Board.

Section 5

Disqualification of Chairperson, Deputy Chairperson and Member from office in certain circumstances.

Section 6

Term of office of Chairperson, Deputy Chairperson and Members.

Section 7

Disclosure of interest.

Section 8

Resignation of Members.

Section 9

Removal from office of Chairperson, Deputy Chairperson and Members.

Section 10

Filling of casual vacancies.

Section 11

Honorarium payable to Independent Members.

Section 12

Powers and duties of Chairperson, Deputy Chairperson and Members.

Section 13

Meetings of Board.

Section 14

Committees of Board.

Section 15

Delegation of powers.

Section 16

Restriction of re-employment.

Section 17

Vacancies, etc., not to invalidate proceedings of Board.

Section 18

Power to make appointments.

Section 19

Authentication of orders and other instruments of Board.

A. STAFF OF MAJOR PORT AUTHORITY

Section 20

Section 20

List of staff of Board.

B. PROPERTY OF CONTRACTS

Section 21 to Section 24

Section 21

Board to be deemed as successor of Board of Trustees of Major Port.

Section 22

Usage of port assets by Board.

Section 23

Procedure when immovable property cannot be acquired by agreement.

Section 24

Contracts by Board.

C. PLANING AND DEVELOPMENT

Section 25 to Section 26

Section 25

Section 26

Powers of Board in respect of planning and development.

D. IMPOSTION OF RATES

Section 27 to Section 32

Section 27

Scale of rates for assets and services available at Major Port.

Section 28

Board's lien for rates.

Section 29

Ship-owner's lien for freight and other charges.

Section 30

Sale of goods and application of sale proceeds in certain cases.

Section 31

Recovery of rates and charges by distraint of vessel.

Section 32

Application to Adjudicatory Board.

A. FINANCIAL POWERS OF BOARDS OF MAJOR PORT AUTHORITIES

Section 33 to Section 41

Section 33

Power to raise loans and issue securities

Section 34

Endorsements to be made on security itself.

Section 35

Endorser of security not liable for amount thereof.

Section 36

Recognition as holder of port securities in certain cases and legal effect thereof.

Section 37

Discharge in certain cases.

Section 38

Security for loans taken out by Boards of Major Port Authorities.

Section 39

Power of Board to repay loans to Government before due date.

Section 40

Establishment and application of sinking fund.

Section 41

Existing loans and securities to continue.

B. GENERAL ACCOUNTS OF MAJOR PORT AUTHORITIES

Section 42 to Section 43

Section 42

General accounts of Board.

Section 43

Application of money in general accounts.

C. ACCOUNTS AND AUDITS

Section 44

Section 44

Accounts and audit.

SUPERVISION OF CENTRAL GOVERNMENT

Section 45 to Section 53

Section 45

Administration report.

Section 46

Power of Central Government to order survey or examination of works of Board.

Section 47

Power of Central Government to restore or complete works at cost of Board.

Section 48

Power of Central Government to take over management of Board.

Section 49

Laying of report.

Section 50

Power of Central Government to exempt from obligation to use port assets.

Section 51

Board not to sell, alienate or divest its assets, properties, rights, powers and authorisations without sanction of Central Government.

Section 52

Remedies of Government in respect of loans made to Board.

Section 53

Power of Central Government to issue directions.

CONSTITUTION OF ADJUCATORY BOARD

Section 54 to Section 61

Section 54

Constitution of Adjudicatory Board.

Section 55

Composition of Adjudicatory Board.

Section 56

Qualifications, terms and conditions of service of Presiding Officer and members of Adjudicatory Board.

Section 57

Removal and suspension of Presiding Officer and members of Adjudicatory Board.

Section 58

Powers and functions of Adjudicatory Board.

Section 59

Bar of jurisdiction of any court.

Section 60

Review and appeal.

Section 61

Officers and employees of Adjudicatory Board.

PENALTIES

Section 62 to Section 63

Section 62

General provision for punishment of offences.

Section 63

Offences by companies.

MISCELLANEOUS

Section 64 to Section 76

Section 64

Cognizance of offences.

Section 65

Protection of action taken in good faith.

Section 66

Employees of Board or Adjudicatory Board to be public servants.

Section 67

Application of other laws not barred.

Section 68

Power to evict certain persons from premises of Board.

Section 69

Alternate remedy by suit.

Section 70

Corporate Social Responsibility and development of infrastructure by Board.

Section 71

Power of Central Government to make rules.

Section 72

Power of Board to make regulations.

Section 73

Laying of rules and regulations.

Section 74

Power to remove difficulties.

Section 75

Repeal and savings.

Section 76

Transitional provision.