ADJUDICATORY BOARD FOR MAJOR PORTS

Powers and Functions:

As entrusted by the Major Port Authorities Act, 2021 the Adjudicatory Board for Major Ports has the responsibility to discharge the following functions other than tariff setting:

Functions envisaged to be carried out by the erstwhile TAMP arising from the Tariff Guidelines of 2005, 2008, 2013, 2018 and 2019 and tariff orders issued by the TAMP [Section 58(1)(a)] (Category A).
Receive and adjudicate reference on any dispute or differences or claims relating to rights and obligations of Major Ports and PPP 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 [Section 58(1)(b)] (Category B).
Appraise, review the stressed PPP projects as referred by the Central Government or the Board, and to suggest measures to revive such projects [Section 58(1)(c)] (Category C).
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 [Section 58(1)(d)] (Category D).
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 [Section 58(1)(e)] (Category E).
Any person aggrieved by any action of the Board of Major Ports while exercising its powers under Sections 22 to 31 (except section 29) as listed below may approach the Adjudicatory Board [Section 32] (Category F).

Usage of port assets by Major Port Board [Section 22].
Procedure when immovable property cannot be acquired by agreement [Section 23].
Contracts by Major Port Board [Section 24].
Creation of specific master plan in respect of any development or infrastructure [Section 25].
Power of Major Port Authorities to make regulations for the purposes of planning and development [Section 26].
Scale of Rates and statement of conditions framed by Major Ports and PPP Concessionaires [Section 27].
Board’s lien for rates and power to seize and detain goods until rates and rents are fully paid [Section 28].
Sale of goods and application of sale proceeds in specified cases proceeds by Major Port after expiry of time in the manner prescribed in Section 48 of the Customs Act. [Section 30].
Recovery of rates and charges by the Major Ports from vessel under distraint. [Section 31].
The Adjudicatory Board shall not entertain any case or application including public interest litigations from unrelated parties on any matter specified above.

The Adjudicatory Board for Major Ports shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure for discharging its functions, namely:

the discovery and production of books of account/ other documents and receiving evidence on affidavits, at such place and at such time as may be specified by the Adjudicatory Board;
summoning and enforcing the attendance of any person and examining him on oath;
issuing commissions for the examination of witnesses or documents;
Requisitioning any public record or document or a copy of such record or document from any office subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872.
reviewing its decisions;
dismissing an application for default or deciding it ex parte;
setting aside any order of dismissal of any application for default or any order passed by it ex parte;
pass an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any application made under the Act and these rules; and
such other matters as may be specified by the Central Government.

The Adjudicatory Board shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and the provisions of the Act and the rules made thereunder.

Bar of jurisdiction of any court:

The MPA Act stipulates that no other court shall have jurisdiction to entertain any suit for proceeding in respect of any matter falling within the scope of the Adjudicatory Board.

Provided that the above provisions shall not apply to matters stated in section 58 that are referred to arbitration by the concerned parties within the framework of their respective contracts or concession agreements.