In compliance of a-direction 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 made by the Visakhapatnam Steamship Agents Association against levy of penal berth hire on vessels by the Visakhapatnam Port Trust without taking realities into consideration as in the Order appended hereto.

The Gazette of India

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 202 ] NEW DELHI, FRIDAY, SEPTEMBER 27, 2002/ASVINA 5, 19243035 GI/2002 (1) 2 THE GAZETTE OF INDJA: EXTRAORDINARY [PART [II—SEC. 4]

TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the 27th September, 2002

No-TAMP/18/2002-VPT.— In compliance of a-direction 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 made by the Visakhapatnam Steamship Agents' Association against levy of penal berth hire on vessels by the Visakhapatnam Port Trust without taking realities into consideration as in the Order appended hereto.

SCHEDUU:

Case No. TAMP/18/2002-VPT

The Visakhapatnam Steamship Agents Association

Applicant

Vs

The visakhapatnam Port Trust

Respondent

ORDER

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

This case relates to a representation made by Visakhapatnam Steamship Agents Association against levy of penal berth hire on vessels by the Visakhapatnam Port Trust without taking realities into consideration.

2,1. So far, the regulatory intervention 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.

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

(lii) Initiation of action sun motu

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.

4 Before this n*& could be taken up

5, In terms of the provisions of Section 111 of the MPT Act, this Authority is bound by the directions on questions of policy given by the Central Government.

6. For 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 directed by the Government, for want of jurisdiction.