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Ports Bill in works to make tariffs clear and revamp penalties

Sep 19, 2023 | blog

New Delhi: The Centre is engaged on a brand new legislative framework for ports, which seeks to usher in transparency in port tariffs, revamp penalties for offences, and produce over 15 units of guidelines, changing the over 110 years previous act.

The proposed Indian Ports Bill, 2023, to switch the Indian Ports Act, 1908, seeks to empower the Maritime States Development Council (MSDC) and promote built-in planning between states and Centre with respect to port growth, a high authorities official stated.

The new laws will assist higher decide port tariff.
“The definition of port tariff is being proposed to be made inclusive and it will include multiple components such as port duties. Focus is on transparency and de-regulation,” the official stated.

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Under the present legal guidelines, main ports are ruled by the Centre whereas non-major ones are below the management of the state. This management construction has been maintained within the new invoice. But the central authorities can direct any port to undertake a mechanism for electronically integrating port associated knowledge with a centralised system as per the proposal.
This new modification has taken a center path by watering down contentious provisions that appeared to impinge upon rights of state governments which had been proposed in earlier iterations.
MSDC will seek the advice of with central and state governments whereas issuing tips for port tariff.
“The council has been empowered to issue guidelines, which are solely recommendatory,” stated the official cited above. Boards of main port authorities, and state maritime boards (SMBs) may also be empowered to remit the entire or any portion of port tariff, the particular person stated.

In one other vital proposal, the central and state governments can notify new ports and alter the boundaries of current ones. Further, these governments have been empowered to take motion to make ports or their components non-operational on specified grounds. Besides this, the central authorities can de-notify a port if it has not been working for a decade. Further, a port may be made non-operational within the curiosity of nationwide safety.

A 3-tier dispute decision mechanism has been proposed to deal with conflicts between two or extra state maritime boards.

“The SMB would adjudicate disputes within a state. The state governments can review orders passed by SMB within a specified time. Appeals against these orders can also be filed with the appellate tribunal (adjudicatory board under Major Ports Authority Act),” the official stated.

To include air pollution, every port wants to arrange a waste reception and dealing with plan.

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