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

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 <br 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 Author-

ity 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 ad judication in individual cases 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 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.

S. SATHYAM, Chairman

[ADYT. iraV/143/2002/Exty. ]

Punted by the Manager, Oovt of India Press, Ring Road, Mayapuri, New Delhi-J 10064

and Published by the Controller of Publications, Delhi-110054.