A ORGANIZATION:

B FUNCTIONS, DUTIES AND POWERS:

B1. Functions and Duties:

The ABMP is empowered by Section 58 of the MPA Act, 2021 to perform the following functions, other than tariff setting namely:-

B2. Powers of Adjudicatory Board:

The Adjudicatory Board for Major Ports shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure for discharging its functions, namely:

The Adjudicatory Board shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and the provisions of the Act and the rules made thereunder.

Bar of jurisdiction of any court:

The MPA Act stipulates that no other court shall have jurisdiction to entertain any suit for proceeding in respect of any matter falling within the scope of the Adjudicatory Board.

Provided that the above provisions shall not apply to matters stated in section 58 that are referred to arbitration by the concerned parties within the framework of their respective contracts or concession agreements.

2. Powers and Duties of the Officers and Employees:

3. Procedure in Decision Making:

The ABMP follows the procedure prescribed in the Major Port Adjudicatory Board, Rule 2023 in discharge of its functions. The Adjudicatory Board adopts a consultative process so as to promote the greatest participation of the greatest number of interested parties including Major Port Authorities, private operators and port users. The procedure followed by the ABMP on receipt of the case, application, reference, review or interlocutory application filed by the Applicant are broadly as follows:

The above mentioned Act/ Rules are hosted on the website of the Adjudicatory Board, which can be downloaded free of charge.

ii).Until the ABMP Regulations are made, the corresponding regulations of Tariff Authority for Major Ports continue to apply in ABMP as per Rule 69 of the Major Ports Adjudicatory Board Rules, 2023.

5. Rules, Regulations, Instructions, Manuals and Records held by it or under its control or used by its employees for discharge of its functions :-

As per Rule 69 of the Major Ports Adjudicatory Board Rules, 2023, until the ABMP Regulations are notified, the corresponding regulations of Tariff Authority for Major Ports shall continue to apply in ABMP. Accordingly, for administrative control, the Adjudicatory Board follows the following Regulations, which are primarily based on the corresponding Central Government Rules in regard to the service conditions of the employees:-

Wherever specific Regulations are not separately notified, the relevant rules and instructions of the Central Government will apply.

The ABMP maintains records of all the cases in which orders are passed and hosted on its website. These files contain all the record from the receipt of the case till issue of the orders.

6. Categories of Documents held by the Authority:

The ABMP maintains records of all the cases in which orders are passed and hosted on its website. These files contain all the record from the receipt of the case till issue of the orders.

7. Arrangement for consultation with public in relation to formulation of policy or implementation:

The role and functions of the Adjudicatory Board does not envisage consultation with individual users or public. The Adjudicatory Board, however, consults Major port Authorities, terminal operators operating in Major Ports, the Government, different Chambers of Commerce and Industries, Representative Bodies of port users and major port organizations of the concerned Major Ports or Private Terminal Operators, wherever necessary.

8. Statement of boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advise, and as to whether the meetings those boards, councils, committees and other bodies are open to public, or the minutes of such meetings are accessible for public:

The ABMP is empowered under Rule 78 of the Major Ports Adjudicatory Board Rules, 2023 to take the assistance of any Major Port or other institutions, consultants, advisors, experts, including legal experts, chartered accountants, surveyor and such other technical and professional persons, as it may consider necessary on payment, if any, of reasonable fee and ask them to submit reports or furnish any information.

9. Directory of the Presiding Officer, Members, Officers and employees of the Adjudicatory Board.

A] Presiding Officers & Members of the Major Ports Adjudicatory Board

B] Officers and employees of the Adjudicatory Board:

A] Presiding Officers & Members of the Major Ports Adjudicatory Board

B] Officers and employees of the Adjudicatory Board:

11. Budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on expenditures made:

The Major Ports Adjudicatory Board has no agency. The Adjudciatory Board is allocated funds under planned expenditure. The funds received are in the form of Grants in-Aid from Central Government.

12. Manner of execution of subsidy programs, including the amounts allocated and the details of beneficiaries of such programs:

There are no subsidiary programs of this Adjudicatory Board.

13. Particulars of recipients of concessions, permits or authorizations granted by it:

There are no concessions, permits or authorizations granted by it.

14. Details in respect of the information, available to or held by it, reduced in an electric form:

The orders passed by the Major Ports Adjudicatory Board are hosted on the website of the Board. The website of the Major Ports Adjudicatory Board can be accessed without any payment of fees/ subscription.

15. Particulars of facilities available to citizens for obtaining information, including working hours of library or reading room, if maintained for public use:

The Authority does not maintain any library room or a reading room for public use. However, inspection of the records is available for inspections as per Rule 59 and 60 of the Major Ports Adjudicatory Board, Rules 2023. The parties or their authorised representative may be allowed to inspect the record of the case on making an application in writing to the Registrar.

16. Names, Designation and Other particulars of the Public Information Officer and First Appellate Authority