CONSTITUTION OF ADJUCATORY BOARDCentral
Section 58 of The Major Port Authorities Act, 2021
Powers and functions of Adjudicatory Board.
- (1)The Adjudicatory Board referred to in section 54 shall perform the following functions, other than tariff setting, namely:—
- (a)the functions envisaged to be carried out by the erstwhile Tariff Authority for Major Ports arising from the Tariff Guidelines of 2005, 2008, 2013, 2018 and 2019 and tariffs orders issued by the said Authority;
- (b)to receive and adjudicate reference on any dispute or differences or claims relating to rights and obligations of Major Ports and Public Private Partnership concessionaires or captive users for dedicated berth within the framework of their concession agreements and to pass orders after considering and hearing all the parties involved in the dispute;
- (c)to appraise, review the stressed Public Private Partnership projects as referred by the Central Government or the Board, and to suggest measures to revive such projects;
- (d)to look into the complaints received from port users against the services and terms of service rendered by the Major Ports or the private operators operating in the Major Ports and to pass necessary orders after hearing the parties concerned; and
- (e)to look into any other matter relating to the operations of the Major Port, as may be referred to it by the Central Government or the Board, and to pass orders or give suggestions, as the case may be.
- (2)The procedure to be adopted by the Adjudicatory Board, while discharging its functions referred to in sub-section (1), as well as other matters related to funding, accounts and audit of such Board shall be such as may be prescribed.
- (3)Notwithstanding anything contained in any other law for the time being in force, while exercising the powers under sub-section (1), the Adjudicatory Board shall 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, at such place and at such time as may be specified by the Adjudicatory Board;
- (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.
- (4)Any proceeding before the Adjudicatory Board, shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 and for the purposes of section 196 of the Indian Penal Code (45 of 1860), and the Adjudicatory Board shall be deemed to a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
Summary
- The Adjudicatory Board handles legal disputes between ports and private companies holding contracts.
- It reviews and suggests fixes for struggling Public Private Partnership projects.
- The Board listens to and decides on complaints from people using the port services.
- It has the powers of a civil court, including the ability to force witnesses to appear and to check records.
- All proceedings before this Board are legally considered judicial proceedings.
Practical examples
1A private company that runs a container terminal at the Paradip Port has a major disagreement with the Port Authority about who should pay for repairing a shared railway line. Since they cannot agree, they take the case to the Adjudicatory Board in 2025 to get a final ruling.
2A small shipping business is unhappy with the slow service and high extra costs at a specific berth. They file a formal complaint. The Adjudicatory Board uses its legal powers to demand the port's internal logbooks for April to see if the complaint is justified.
FAQ
1. Does the Adjudicatory Board set port fees under Section 58 of the Major Port Authorities Act, 2021?
No, Section 58 of the Major Port Authorities Act, 2021, specifically says the Board performs functions "other than tariff setting."
2. What court powers does the Adjudicatory Board have under the Major Port Authorities Act, 2021 Section 58?
Under Section 58 of the Major Port Authorities Act, 2021, the Board has the powers of a civil court to discover documents and summon witnesses.
3. Can the Board help with failing port projects under Section 58 of the Major Port Authorities Act, 2021?
Yes, Section 58 of the Major Port Authorities Act, 2021, allows the Board to review stressed Public Private Partnership projects and suggest measures to revive them.
Test yourself
1.Under Section 58 of the Major Port Authorities Act, 2021, which function is explicitly EXCLUDED from the Board's powers?
2.The Adjudicatory Board has the same powers as which type of court under Section 58 of the Major Port Authorities Act, 2021?
3.Under Section 58 of the Major Port Authorities Act, 2021, for what purpose can the Board "summon and enforce attendance"?
4.According to Section 58 of the Major Port Authorities Act, 2021, what can the Board do for "stressed Public Private Partnership projects"?