Introduction
The newly passed Major Port Authorities Act 2021 ("New
Act") attempts to unshackle and empower government owned major
ports ("Major Port") from excessive
interference and control by the central government.
The main impediment to the commercial functioning of government
owed ports under the Major Port Trusts Act, 1963 ("Old
Act"), was regulatory oversight by the Tariff
Authority of India (TAMP). TAMP was statutorily empowered to
regulate rates and charges levied by government ports, resulting in
government-controlled ports being subject to price control- whilst
permitting its nimbler private competitors to fix and charge market
rates. The impetus for this change was driven primarily by the
gradual but consistent erosion of traffic and market share of
government-controlled ports. The success of private ports is
attributable to several factors, notably, higher mechanization,
hence, lower manning per tonne handled and associated distractions
from labour
