The Major Port Authorities Act 2021

REGISTERED NO. DL—(N)04/0007/2003—25 The Gazette of India EXTRAORDINARY PART 2 — Section 1A PUBLISHED BY AUTHORITY No. 03 NEW DELHI, FRIDAY, 27 OCTOBER, 2025/KARTIKA 5, 1947(SAKA) VOL. LXI Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (LEGISLATIVE DEPARTMENT) New Delhi, October 27, 2025/Kartika 5, 1947 (Saka) The Major Port Authorities Act, 2021; (2) The Inland Vessels Act, 2021; (3) The Wild Life (Protection) Amendment Act, 2022; (4) The Cinematograph (Amendment) Act, 2023; (5) The Government of National Capital Territory of Delhi (Amendment) Act, 2023; (6) The Chief Election Commissioner and Other Election Commissioner (Appointment, Conditions of Service and Term of Office) Act, 2023; (7) The Finance (No. 2) Act, 2024; and (8) The Railways (Amendment) Act, 2025 are hereby published under the authority of the President and shall be deemed to be the authoritative texts thereof in Hindi under clause (a) of sub-section (1) of section 5 of the Official Languages Act, 1963 (19 of 1963):— 455 456 The Major Port Authorities Act, 2021 The Inland Vessels Act, 2021 The Wild Life (Protection) Amendment Act, 2022 The Cinematograph (Amendment) Act, 2023 The Government of National Capital Territory of Delhi (Amendment) Act, 2023 The Chief Election Commissioner and Other Election Commissioner (Appointment, Conditions of Service and Term of Office) Act, 2023 The Finance (No. 2) Act, 2024 The Railways (Amendment) Act, 2025 The Major Port Authorities Act, 2021 (Act No. 1 of 2021) [17 February, 2021] An Act to provide for the regulation, operation and planning of Major Ports in India and to vest the administration, control and management of such Ports in the Board of Major Port Authorities and for matters connected therewith or incidental thereto. CHAPTER 1 PRELIMINARY 1. (1) This Act may be called the Major Port Authorities Act, 2021. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (3) It shall apply to the Major Ports of Chennai, Cochin, Deendayal (Kandla), Jawaharlal Nehru (Nhava Sheva), Kolkata, Mormugao, Mumbai, New Mangalore, Paradip, V.O. Chidambaranar (Tuticorin) and Visakhapatnam. Short title, commencement and application. 2. (1) In this Act, unless the context otherwise requires,— (a) “Adjudicatory Board” means the Board constituted by the Central Government under sub-section (1) of section 54; (b) “Board” means the Major Port Authority Board constituted for each Major Port under sub-section (1) of section 3 of this Act; (c) “capital reserve” for the purposes of this Act shall mean the total of the reserves, excluding the reserves specified in sub-section (1) of section 43, and the value of the current assets of the Board in the preceding financial year; (d) “Chairperson” means the Chairperson of the Board appointed under sub-section (1) of section 4; (e) “Deputy Chairperson” means the Deputy Chairperson of the Board appointed under sub-section (1) of section 4; (f) “dock” includes all basins, locks, cuts, entrances, graving docks, graving blocks, inclined planes, slipways, gridirons, moorings, transit-sheds, warehouses, tramways, railways and other works and things connected with any dock and also includes any part of the sea enclosed by arms or breakwaters for the purpose of a harbour or protected thereby; (g) “foreshore” in relation to a Major Port means the area between the high-water mark and the low-water mark in relation to that Major Port; (h) “goods” includes livestock and every kind of movable property; (i) “grave emergency” means such a situation as may be determined by the Central Government, in which the Board is unable to discharge its duties properly and includes sedition, defalcation, illegal and unlawful acts, negligence and financial misappropriation; (j) “high-water mark” in relation to a Major Port means the line drawn through the highest points reached by ordinary spring tides in any season of the year at that Major Port; (k) “immovable property” includes wharfage rights and any land, wharf, dock or bundar on or in respect of which any other rights are exercisable; (l) “independent Member” means any Member of the Board appointed under sub-section (2) of section 4; (m) “Indian Ports Act” means the Indian Ports Act, 1908 (15 of 1908); (n) “land” includes the bed of the sea or river below high-water mark and also things attached to the earth or permanently fastened to anything attached to the earth; (o) “low-water mark” in relation to a Major Port means the line drawn through the lowest points reached by ordinary spring tides in any season of the year at that Major Port; (p) “Major Port” or “Major Port Authority” means a Major Port as defined in clause (8) of section 3 of the Indian Ports Act; (q) “Major Port approach channel” in relation to a Major Port means those parts of navigable rivers and channels leading to the Major Port where the Indian Ports Act is in force; (r) “Master” in relation to a vessel or aircraft using a Major Port, means any person other than a pilot, harbour master, assistant harbour master, dock master or berthing master of the Major Port, having charge or command of such vessel or aircraft for the time being, as the case may be; (s) “Member” means a Member of the Board appointed under sub-section (2) or sub-section (3) of section 4; (t) “notification” means a notification published in the Official Gazette and the expression “notify” and “notified” shall be construed accordingly; (u) “Presiding Officer” means the Presiding Officer of the Adjudicatory Board appointed by the Central Government under section 55; (v) “owner” includes,— (i) in relation to goods, any consignor, consignee, sender or agent for the sale, custody, loading or unloading of such goods; and (ii) in relation to a vessel or aircraft using a Major Port, any part-owner, charterer, consignee or mortgagee in possession; (w) “bundar” includes any platform, landing-places, hard, jetties, floating-barge, transhipper or pipeline for barrels and any bridge or other works connected therewith; Explanation.—For the purposes of this clause, “transhipper” means any floating craft or vessel, whether dumb or self-propelled, provided with gear for removing cargo from a barge or wharf and loading it onto a vessel; (x) “Port assets” means any assets within the Port limits, which includes land, movable or immovable property or any other assets, whether tangible or intangible, vested in the ownership of the Board or through the Central Government or the State Government; (y) “Port limits” in relation to a Major Port means such limits as may be notified, including the area within which vessels are for the safety or for the improvement, maintenance or good governance of the Major Port, any bundar, jetties, landing places, wharves, docks and other works made by the public for the convenience of traffic and its approach channels, whether they are within or outside the high-water mark, and subject to any private rights therein, any part of the foreshore or bank within fifty yards of the high-water mark and the area of such Major Port as may be determined by the Central Government by notification from time to time; (za) “Port related use” means direct or indirect use related to Port operations and activities; (zb) “Port securities” means debentures, bonds or stock certificates issued by the Board in relation to any loan taken by it under the provisions of this Act or for the payment of such loan for which the Board is liable under this Act; (zc) “prescribed” means prescribed by rules made under this Act; (zd) “public private partnership project” means projects initiated by the Board through any concession contract made under sub-section (1) of section 24; (ze) “rates” includes any tolls, dues, rents, fees or charges leviable under this Act; (zf) “regulations” means regulations made by the Board under this Act; (zg) “vessel” includes any thing made for the conveyance of human beings or goods by water; (zh) “wharf” includes any wall or stage and any part of the land or foreshore that may be used for the purpose of loading or unloading goods or for the embarkation or disembarkation of passengers and includes any wall enclosing or adjoining the same. (2) Words and expressions used in this Act but not defined and defined in the Indian Ports Act, shall have the same meaning as in that Act. CHAPTER 2 MAJOR PORT AUTHORITY BOARD Constitution and structure of Major Port Authority Board. 3. (1) The Central Government shall, within ninety days from the date of commencement of this Act, by notification, constitute a Board for each Major Port by the name of Major Port Authority, which shall consist of the following Members, namely:— (a) a Chairperson; (b) a Deputy Chairperson; (c) one Member each from the following— (i) the concerned State Government in which the Major Port is situated; (ii) Ministry of Railways; (iii) Ministry of Defence; and (iv) Department of Customs, Revenue; (d) not less than two and not more than four independent Members; (e) one Member not below the rank of a Director to be nominated by the Central Government, ex officio; and (f) two Members representing the interests of the employees of the Major Port Authority: Provided that till the constitution of the Major Port Authority Board, the Board of Trustees constituted under section 3 of the Major Port Trusts Act, 1963 (38 of 1963) shall continue to function and shall cease to exist immediately after the constitution of the Board under this Act. (2) Every Major Port Authority Board constituted under this Act shall be a body corporate having perpetual succession and a common seal, and shall have the power to acquire, hold or dispose of both movable and immovable property subject to the provisions of this Act, and may sue or be sued by the said name. Qualifications of Chairperson, Deputy Chairperson and Members of the Board. 4. (1) The Chairperson and the Deputy Chairperson of the Board shall be appointed by the Central Government on the recommendation of a Selection Committee consisting of such persons and in such manner as may be prescribed. (2) The Members of the Board as specified in clauses (c), (d) and (e) of sub-section (1) of section 3 shall possess such qualifications and experience and shall be appointed by the Central Government in such manner as may be prescribed. (3) The Members specified in clause (f)