Constitution of Adjudicatory Board
Section 54 of the Major Port Authorities Act, 2021 deals with constitution of Adjudicatory Board. The Central Government shall, by notification, constitute, with effect from such date as may be specified therein, a Board to be known as the Adjudicatory Board to exercise the jurisdiction, powers and authority conferred on such Adjudicatory Board by or under this Act: Provided that until the const The Act came into force on 03 Nov 2021.
(1) The Central Government shall, by notification, constitute, with effect from such date as may be specified therein, a Board to be known as the Adjudicatory Board to exercise the jurisdiction, powers and authority conferred on such Adjudicatory Board by or under this Act:
Provided that until the constitution of the Adjudicatory Board, the Tariff Authority for Major Ports constituted under section 47A of the Major Port Trusts Act, 1963 (38 of 1963) shall discharge the functions of the Adjudicatory Board under this Act and shall cease to exist immediately after the constitution of the Adjudicatory Board under this Act:
Provided further that on and from the date of constitution of the Adjudicatory Board---
(a) all the assets and liabilities of the Tariff Authority for Major Ports shall stand transferred to, and vested in, the Adjudicatory Board.
Explanation.---For the purposes of this clause, the assets of the Tariff Authority for Major Ports shall be deemed to include all rights and powers, all properties, whether movable or immovable, including, in particular, cash balances, deposits and all other interests and rights in, or arising out of, such properties as may be in the possession of the Tariff Authority for Major Ports, and all books of account and other documents relating to the same, and liabilities, shall be deemed to include all debts, liabilities and obligations of whatever kind;
(b) without prejudice to the provisions of clause (a), all debts, obligations and liabilities incurred, all contracts entered into, and all matters and things engaged to be done by, with or for the Tariff Authority for Major Ports before that date, for or in connection with the purpose of the said Tariff Authority for Major Ports, shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Adjudicatory Board;
(c) all sums of money due to the Tariff Authority for Major Ports immediately before that date shall be deemed to be due to the Adjudicatory Board;
(d) all suits and other legal proceedings instituted or which might have been instituted by or against the Tariff Authority for Major Ports immediately before that date may be continued or may be instituted by or against the Adjudicatory Board;
(e) every employee serving under the Tariff Authority for Major Ports immediately before such date shall become an employee of the Adjudicatory Board and shall hold his office or service therein by the same tenure without any change or derogation of the terms and conditions of service held with the Tariff Authority for Major Ports:
Provided that the tenure, remuneration and terms and conditions of service of any such employee shall not be altered to their disadvantage without the previous sanction of the Central Government;
(f) every person who was receiving any retirement benefits from the Tariff Authority for Major Ports immediately before such date, shall continue to receive the same benefit from the Adjudicatory Board:
Provided that the retirement benefits of such person shall not be altered by the Adjudicatory Board to his disadvantage without the previous sanction of the Central Government.
(2) The head office of the Adjudicatory Board shall be at such a place as may be notified by the Central Government:
Provided that the Adjudicatory Board may hold its sittings at such other places as the Presiding Officer may decide from time to time, having taken into consideration the convenience to decide the disputes referred to it.
Section 54, The Major Port Authorities Act, 2021 (Act 1 of 2021).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Al-fas Trading International Pvt. Ltd. v. Union of India
Court's Decision & Legal Precedent
On commencement of the Major Port Authorities Act, 2021, TAMP constituted under the repealed Major Port Trusts Act no longer frames tariff; until an Adjudicatory Board is constituted under s.54, TAMP only discharges the Board’s functions under the first proviso to s.54(1).
On this section: s.54 — constitution of Adjudicatory Board; first proviso — TAMP discharges Board functions until constitution
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 54
What have the courts held on Section 54 of the Major Port Authorities Act?
Al-fas Trading International Pvt. Ltd. v. Union of India (14 Oct 2022) is the leading judgment on this section among those set out below: s.54 — constitution of Adjudicatory Board; first proviso — TAMP discharges Board functions until constitution.
How do I find court cases under Section 54 of the Major Port Authorities Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Major Port Authorities Act 54, section 54 Major Port Authorities Act, section 54 of the Major Port Authorities Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Al-fas Trading International Pvt. Ltd. v. Union of India (14 Oct 2022).
What should I read with Section 54 of the Major Port Authorities Act, and has it changed?
3 other provisions in this corpus refer back to it.
When did Section 54 of the Major Port Authorities Act come into force?
Section 54 of the Major Port Authorities Act, cited as Major Port Authorities Act 54, came into force on 03 Nov 2021, having been enacted on 17 Feb 2021. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1028 words
- 75. Repeal and savings581 words
- 68. Power to evict certain persons from premises of Board484 words
- 26. Powers of Board in respect of planning and development462 words
- 21. Board to be deemed as successor of Board of Trustees of Major Port461 words
- 58. Powers and functions of Adjudicatory Board443 words
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. Text as in force on 21 Oct 2026. This page is not a substitute for legal advice.