Act1
Enacted 2021

The Major Port Authorities Act, 2021

In force 76 sections Ports, Shipping and Waterways

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 1 of 2021 Enacted 17 Feb 2021 In force 03 Nov 2021

Administered by. Ministry of Ports, Shipping and Waterways · Other Acts of 2021

Preamble

THE MAJOR PORT AUTHORITIES ACT, 2021

ACT NO. 1 OF 2021

[17th February, 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.

BE it enacted by Parliament in the Seventy-Second Year of the Republic of India as follows:--

What this Act covers

Summary of The Marine Aids to Navigation Act, 2021

1. Governance & Key Provisions

• Authority: Central Government oversees aids to navigation, with powers to designate, inspect, and control.

• Director General of Aids to Navigation: Appointed for operational oversight.

2. Management of Aids to Navigation

• General Aids: Vest in the Central Government.

• Local Aids: Subject to Central Government inspection (Section 14) and potential control (Section 15).

• Heritage Lighthouses: Specifically designated and protected.

3. Offences & Penalties

• Obstruction/Damage: Penalties include imprisonment (up to 12 months) and fines (up to ₹5 lakh).

• Non-Compliance: Fines for evasion of dues (up to 5 times payable amount) and non-compliance with directions (up to ₹1 lakh).

• Vessel Non-Compliance: Penalties for unsafe navigation, pollution, and lack of safety appliances (fines up to ₹50,000 to ₹1 lakh, and imprisonment in some cases).

4. Financial & Regulatory Provisions

• Marine Aids to Navigation Dues: Levied for maintenance and development.

• Rule Making Authority: Central Government empowered to make rules for the Act’s implementation.

5. Enforcement & Jurisdiction

• Trial & Jurisdiction: Specified courts handle offences, with cognizance only upon complaint by authorised officers.

• Good Faith Protection: For actions taken under the Act.

Overall Purpose Ensures safe, efficient navigation through comprehensive management of aids to navigation, with clear governance, financial, and penal structures, aligning with international maritime standards.

Sections

Type to filter. 76 sections.

  1. 1Short title, commencement and application
  2. 2Definitions
  3. 3Constitution and composition of Board of Major Port Authority
  4. 4Qualifications of Chairperson, Deputy Chairperson and Members of Board
  5. 5Disqualification of Chairperson, Deputy Chairperson and Member from office in certain circumstances
  6. 6Term of office of Chairperson, Deputy Chairperson and Members
  7. 7Disclosure of interest
  8. 8Resignation of Members
  9. 9Removal from office of Chairperson, Deputy Chairperson and Members
  10. 10Filling of casual vacancies
  11. 11Honorarium payable to Independent Members
  12. 12Powers and duties of Chairperson, Deputy Chairperson and Members
  13. 13Meetings of Board
  14. 14Committees of Board
  15. 15Delegation of powers
  16. 16Restriction of re-employment
  17. 17Vacancies, etc., not to invalidate proceedings of Board
  18. 18Power to make appointments
  19. 19Authentication of orders and other instruments of Board
  20. 20List of staff of Board
  21. 21Board to be deemed as successor of Board of Trustees of Major Port
  22. 22Usage of port assets by Board
  23. 23Procedure when immovable property cannot be acquired by agreement
  24. 24Contracts by Board
  25. 25Master Plan
  26. 26Powers of Board in respect of planning and development
  27. 27Scale of rates for assets and services available at Major Port
  28. 28Board's lien for rates
  29. 29Ship-owner's lien for freight and other charges
  30. 30Sale of goods and application of sale proceeds in certain cases
  31. 31Recovery of rates and charges by distraint of vessel
  32. 32Application to Adjudicatory Board
  33. 33Power to raise loans and issue securities
  34. 34Endorsements to be made on security itself
  35. 35Endorser of security not liable for amount thereof
  36. 36Recognition as holder of port securities in certain cases and legal effect thereof
  37. 37Discharge in certain cases
  38. 38Security for loans taken out by Boards of Major Port Authorities
  39. 39Power of Board to repay loans to Government before due date
  40. 40Establishment and application of sinking fund
  41. 41Existing loans and securities to continue
  42. 42General accounts of Board
  43. 43Application of money in general accounts
  44. 44Accounts and audit
  45. 45Administration report
  46. 46Power of Central Government to order survey or examination of works of Board
  47. 47Power of Central Government to restore or complete works at cost of Board
  48. 48Power of Central Government to take over management of Board
  49. 49Laying of report
  50. 50Power of Central Government to exempt from obligation to use port assets
  51. 51Board not to sell, alienate or divest its assets, properties, rights, powers and authorisations without sanction of Central Government
  52. 52Remedies of Government in respect of loans made to Board
  53. 53Power of Central Government to issue directions
  54. 54Constitution of Adjudicatory Board
  55. 55Composition of Adjudicatory Board
  56. 56Qualifications, terms and conditions of service of Presiding Officer and members of Adjudicatory Board
  57. 57Removal and suspension of Presiding Officer and members of Adjudicatory Board
  58. 58Powers and functions of Adjudicatory Board
  59. 59Bar of jurisdiction of any court
  60. 60Review and appeal
  61. 61Officers and employees of Adjudicatory Board
  62. 62General provision for punishment of offences
  63. 63Offences by companies
  64. 64Cognizance of offences
  65. 65Protection of action taken in good faith
  66. 66Employees of Board or Adjudicatory Board to be public servants
  67. 67Application of other laws not barred
  68. 68Power to evict certain persons from premises of Board
  69. 69Alternate remedy by suit
  70. 70Corporate Social Responsibility and development of infrastructure by Board
  71. 71Power of Central Government to make rules
  72. 72Power of Board to make regulations
  73. 73Laying of rules and regulations
  74. 74Power to remove difficulties
  75. 75Repeal and savings
  76. 76Transitional provision

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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 76 sections of this Act has its own page. This page is not a substitute for legal advice.