Legal Framework
Legal Framework
There is no legal bar to private sector participation in port facilities as per the provisions of the existing Major Port Trusts Act, 1963, as brought out below:
| Activity | Relevant Section of the Major Port Trusts act 1963 |
| Lease of port’s immovable and movable property viz. land, existing berths super structure/equipment’s etc. (According to definition given In the MPT An, l963 "immovable property includes wharfage rights, all other rights exercisable on, over or in respect of any land, wharf, dock or pier") | Section 34(l) & Section 42(3) read with Port Regulations, if any made under Section 34(2) |
| Construction/installation of wharf, dock, quay, stage, jetty. pier erection or mooring and reclamation of foreshore within the port limit by private parties. | Section 46(1)read with Section 34 |
| Performance of any of the services to be rendered by the ports under Section 42(1) by a private party on terms and conditions fixed with the approval of Central Government and recovery of charges by the private party for the service rendered by them | Section 42(3) and Section 42(4) |
| Lease, farm, sell or alienate the rights of the Board to levy rates to ocher party with the approval of Government | Section 57 |