Major Port Authorities (Fixation and Implementation of Scale of Rates, Fees and Conditions) Rules, 2021.
GSR. 824 (E).—In exercise of the powers conferred by first proviso to sub-section (1) of section 27 read with clause (f) of sub-section (2) of section 71 of the Major Port Authorities Act, 2021 (1 of 2021), the Central Government hereby makes the following rules, namely:-
- Short title and commencement.—
(1) These rules may be called the Major Port Authorities (Fixation and Implementation of Scale of Rates, Fees and Conditions) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette. - Definitions.—
(1) In these rules, unless the context otherwise requires,–
(a) “Act” means the Major Port Authorities Act, 2021 (1 of 2021);
(b) “services” shall mean and include the following services:
(i) transhipping of passengers or goods between vessels in the major port or major port approaches;
(ii) landing and shipping of passengers or goods from or to such vessels to or from any wharf, quay, jetty, pier, dock, berth, mooring, stage or erection, land or building belonging to or in the possession or occupation of the Board or at any place within the limits of the major port or major port approaches;
(iii) cranage or porterage of goods on any such place;
(iv) cargo, container handling or storage on any such place;
(v) receiving, removing, shifting, transporting, storing or delivering goods brought within the port assets, port limits or major port approaches;
(vi) carrying passengers by rail or by other means within the limits of the major port or major port approaches;
(vii) receiving and delivering, transporting and booking and despatching goods originating in the vessels in the major port and intended for carriage by the neighbouring railways, or vice versa, as a railway administration under the Railways Act, 1989 (24 of 1989);
(viii) piloting, towage, anchorage, berthing, shifting, hauling, mooring, re-mooring, hooking or measuring of vessels or any other service in respect of vessels;
(ix) developing and providing infrastructure facilities for major port;
(x) use of port waters, port assets and land appurtenant thereto in any manner including for commercial or operational purposes;
(xi) any other service in respect of vessels, passengers or goods including services ancillary to the operations of the major port.
(2) Words and expressions used and not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act. - Scale of rates for assets and services available at major port.-
(1) The Board of each Major Port Authority may from time to time, frame a scale of rates and a statement of conditions that would apply for–
(a) services that shall be performed or made available by the Board at or in relation to the major port or major port approaches;
(b) allowing access to or usage of port assets belonging to, or in the possession or occupation of, the Board, or any place within the port limits or the major port approaches;
(c) any other revenue generating activity or operation at the major port or within the port limits.
(2) Different scales and conditions may be framed by the Board for different categories or classes within the activities under sub-rule (1).
(3) The Board may, from time to time frame a consolidated scale of rates for any combination of service or services with any user or permission to use any port asset belonging to or in the possession or occupation of the Board.
(4) The scale of rates and statement of conditions framed under sub-rule (1) shall not apply to public private partnership projects awarded prior to the commencement of the Act or for the revision in the scale of rates of such public private partnership projects, for which separate directions from the Government shall apply. - Power of Board to constitute committee for determination of scale of rates, fees and conditions.-
(1) The Board may constitute committee for the purpose of determining the scale of rates, fees and conditions under rule 3.
(2) Each committee constituted by the Board under sub-rule (1) shall consist of the following members, namely:-
(a) one Member of the Board, who shall be the chairperson of the committee;
(b) finance head in the major port; and
(c) not less than two and not exceeding four senior officials of the major port not below the rank of Head of Department in the major port.
(3) Each committee constituted by the Board under sub-rule (1) shall have a tenure of three years from the date on which it is constituted.
Provided that the Board may, at any time, replace any member of the committee by another qualified person on account of reasons pertaining to the death, sickness, injury, disability or retirement of such member or for any other
reason as the Board may deem fit and proper.
(4) The committee constituted under sub-rule (1) shall meet at such time and at such places, and shall observe such regulations in regard to the transaction of business at its meetings including the quorum as may be specified by the Board.
(5) The Board may allow the committee constituted under sub-rule (1) to consult such experts, professionals or other officers of the major port (not below the rank of Head of Department) for determination of the scale of rates and conditions under rule 3, as the Board may specify by order in writing along with such conditions as it may deem fit and proper. - Functions of committee constituted by the Board.-
(1) The committee constituted by the Board under sub-rule (1) of rule 4 shall, within such period and subject to such conditions as may be specified by the Board, determine the scale of rates, fees and conditions under rule 3 and submit its recommendations in writing to the Board for approval.
(2) The determination of the scale of rates, fees and conditions shall be done by the concerned committee after considering the following factors:
(a) guidelines or directions issued by the Central Government in that behalf;
(b) market conditions and competitive pricing; and
(c) feedback received from stakeholders.
(3) Subject to sub-rule (2), the recommendations made under sub-rule (1) shall clearly explain the methodology, norms and procedures applied by the committee in determining the scale of rates, fees and conditions.
(4) The committee constituted by the Board under sub-rule (1) of rule 4 shall discharge its functions under these rules with due diligence. - Approval, fixation and publication of scale of rates by the Board.-
(1) Upon receipt of recommendations made by the committee or committees under sub-rule (1) of rule 5, the Board may, with or without any changes, approve such recommendations and accordingly fix and frame the scale of rates, fees and conditions for the purposes specified in rule 3:
Provided that the reasons for any deviation from the recommendations made by the committee or committees shall be recorded by the Board in writing:
Provided further that the fixation and implementation of the scale of rates, fees and conditions by the Board under these rules shall–
(a) not be with retrospective effect; and
(b) not be in derogation with the guidelines or directions issued by the Central Government in this behalf; and
(c) not be inconsistent with the provisions of the Competition Act, 2002 (12 of 2003) or any other law for the time being in force; and
(d) have been fixed after evaluating the market conditions, competitive pricing and feedback received from stakeholders.
(2) The scale of rates, fees and conditions fixed by the Board under sub-rule (1) shall be published by the Board in the State Gazette and the same shall come into force from such date as may be notified by the Board in the said Gazette.
(3) The scale of rates, fees and conditions fixed by the Board under sub-rule (1) shall remain valid for a period of three years from the date of their notification in the State Gazette mentioned in sub-rule (2). - Fixation of first scale of rates.-
The Board shall, within a period of one hundred eighty days from the date of commencement of the Act, fix and publish the first scale of rates, fees and conditions or adopt such scale of rates, fees and conditions that were existing immediately prior to the commencement of the Act. - Exemption from and remission of scale of rates or charges.-
The Board may, in special cases and subject to such conditions as it may fix from time to time, and for reasons to be recorded in writing, exempt either wholly or partially any goods, services or vessels or class of goods, services or vessels from the payment of any rate or of any charge leviable in respect thereof according to any scale of rate or charge in force under the Act or remit the whole or any portion of such rate or charge so levied. - Review and revision in scale of rates, fees and conditions.-
(1) The process for revision in the scale of rates, fees and conditions shall be initiated by the Board at least three months prior to their respective date of expiry:
Provided that if the Board is unable to undertake revision as aforesaid, the Board shall extend the last applicable scale of rates, fees and conditions for such period not exceeding six months and record the reasons for such extension in writing.
(2) Without prejudice to sub-rule (1), the Board may conduct an annual review of the scale of rates, fees and conditions fixed under these rules based on the business and financial performance of the major port and if deemed necessary, take corrective actions to that effect.
(3) In the event of change in law that results in the revision of any scale of rates, fees or conditions adopted or published by the Board under these rules, the revised scale of rates, fees or conditions, as the case may be, shall be
adopted by the Board and notified for implementation. - Power to levy concessional rates in certain cases.-
(1) In framing scale of rates under any of the foregoing provisions of these rules, the Board may prescribe a concessional rate in any of the following circumstances:
(a) if it is a matter of national interest or emergency as determined by the Central Government;
(b) if the Central Government has made an order in writing to that effect; or
(c) if it is a matter of social importance for the State where the major port is situated; or
(d) if it is warranted on account of market conditions or competitive pricing.
(2) In prescribing the concessional rate under sub-rule (1), the Board shall consider the proposal for concession, if any, placed before it and record the reasons in writing for prescribing the concessional rate, its validity and such conditions that shall be fulfilled in availing the benefit of such concessional rate. - Power of Central Government to require modification or cancellation of scale of rates.-
(1) Whenever the Central Government considers it necessary in the public interest so to do, it may, by order in writing together with a statement of reasons therefor, direct the Board to cancel any of the scale of rates in force or modify the same, within such period as that Government may specify in the order.
(2) If the Board fails or neglects to comply with the direction under sub-rule (1) within the specified period, the Central Government may cancel any of such scale of rates or make such modifications therein as it may think fit:
Provided that before so cancelling or modifying any scale of rates the Central Government shall consider any objection or suggestion which may be made by the Board during the specified period.
(3) If any scale of rates has been cancelled or modified by the Central Government under sub-rule (2), such cancellation or modification shall be published by the Central Government in the Official Gazette and shall thereupon have effect accordingly. - Miscellaneous.-
(1) The Chairperson of the Board may attend any committee meeting as ex- officio member and whenever the Chairperson attends any committee meeting, he shall preside over that meeting.
(2) No committee member, other than the Chairperson of the Board or a person specifically authorized by him, shall give information to the press or any other public media on matters related to any decision taken at the committee meetings.
Also Read: Major Port Authorities (Corporate Social Responsibility) Rules, 2021
