THE GAZETTE OF [NDIA: EXTRAORDINARY

[PART III—SFC. 41

TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the 27th September, 2002

No.TAMP/li/2002-TPT.^Incomplianceofadirection issued by the Government of India under Section 111 of

the Major Port Trusts Act, the Tariff Authority for Major Ports hereby closes the case relating to the representation njade

by the M/s. Sterlite Industires (India) Pvt. Ltd. ."or adjustment in wharfage levied on cupper concentrate and introduction of

volume discount scheme in the Scale of Rates of the Tuticorin Port Trust as in the Order appended hereto.

SCHEDULE

Case No. TAMP/11/2002-TPT

M/s. Stcrlilc Industires (India) PvL Ltd.

Applicant

Vs.

The Tuticorin Port Trust

Respondent

ORDER

(Passed on this 20th day ot September, 2002)

This case relates to a representation made by M/s. Sterlite Industries (India) Pvt. Ltd. for adjustment in wharfage

levied on copper concentrate and introduction of volume discount scheme in the Scale of Rates of the Tuticorin Port Trust,

2.1. So far, the regulatory intet vention of this Authority 'to frame Scale of Rates' has been taken to encompass the

following routes:

(i)

Consideration of a 'proposal' received from a Port Trust/Private Terminal.

(li)

Consideration of a 'representation' received from a port user or a representative body of port users.

(lii)

Initiation of action suo molu.

2.2. It is noteworthy that the Transaction of Business Regulations of this Authority have also been framed

accordingly with an emphasis on a consultative process to promote participation in the proceedings of the greatest number

of interested parties.

3. The representation in reference was registered as a tariff case and processed further following the consultative

procedure prescribed. A port level joint hearing was also set up to give an opportunity of hearing to all concerned.

4. Before this case could betaken up for final consideration, the Government of India-(in the Ministry of Shipping)

vide its communication No. PR-14019/36/2001 -PG dated 9th September, 2002 has issued a 'policy direction' to this Authority

under Section 111 of the MPT Act to refrain in future from entertaining representations made by individual parties, as this

Authority has no power of adjudication in individual ewes under the provisions of the MPT Act. This direction has been

issued despite this Authority's argument that the scope of Section 111 ibid covers issue of directions on 'question of

policy' and any dispute about jurisdiction can only be seen to be a legal issue having no scope for resolution through a

policy direction.

5. In terms of the provisions of Section 111 of the MPT Actfthis Authority is bound by the directions on questions

of policy given by the Central Government.

6 Tor the reasons given above, this Authority is unable to take up the representation in reference for final

consideration. In the result, the case in reference is closed, as greeted by .the Government, for want of jurisdiction.

S. SATHYAM, Chairman

[ADVTninV/143/2002/Ejdy.l

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