Major Ports Act will deal a fatal blow on Goa

| FEBRUARY 25, 2021, 11:12 PM IST

Once the Major Ports Bill 2020 becomes an Act, will the MPT be bound by law to take consent from the Goa government for developmental projects on coastal areas within its jurisdiction? Chief Minister Pramod Sawant, while on a campaign trail in Margao stated that an attempt is being made to confuse the people on the issues of the Major Ports Bill. He sought to impress upon opponents that even under the new Act, the State government will have the final say. Is the CM telling us the truth?

In this context, there is a need to examine the composition and some of the crucial provisions of the Major Ports Bill, which after the presidential assent, will replace the Major Port Trusts Act, 1963. Under the new Act each major port, including MPT, will constitute a board of Major Port Authority comprising of a chairperson, a deputy chairperson, one member each from the State government, ministry of Railways and Defence, Customs, Department of revenue, two to four independent members, one member of the rank of Director nominated by the Central Government, ex officio, and two members representing the interests of the employees of the Major Port Authority.

The Board is empowered, as it deems fit, to use lands, properties, assets, and funds within the jurisdiction of the port. More importantly, the Board is also empowered to create a master plan independent of the State government regulations or of any other authority whatsoever in respect to any infrastructure established or proposed to be established within the limits of the port. This means that the roles of departments like Town and Country Planning and other local bodies are nullified in those areas. The Board can also execute contracts necessary for the performance of its functions and make necessary rules and regulations for the smooth operation, development, and planning of the port. It is very clear that the law vests the administration, control, and management of major ports upon the boards of Major Port Authorities.

MPT chairman E Ramesh Kumar however sought to put the issue to rest stating that there is no move to redefine boundaries of the port limits, which he claims were already demarcated through a gazette notification dated December 14, 2016. What he doesn’t reveal is that earlier the port did not enjoy autonomy and flexibility in decision making over the area demarcated. Now it will.

Environment Minister Nilesh Cabral has recently contended that he is ready to take up the matter with the Centre and find a solution to the issue. One wonders how the State government is going to work out a solution when all along it never objected while the Bill was being passed in Lok Sabha and Raj Sabha. The State MPs never sought exemptions for Goa. For a small State like Goa, the Act will have drastic consequences with significant stretches within the CRZ encompassing St Jacinto Island extending up to Zuari Bridge, towards Dona Paula and Raj Bhavan and on the adjacent side up to Arossim Beach and a portion of Betul, all excluded from the scope of State administration.

The requirement of the State’s consent finds no mention in the Bill. Also, it is highly unlikely that the Centre will exempt MPT port, which is recognized as a major port, from the ambit of the new law. At a time when citizens are fighting to save the environment and every inch of land, this is a cruel blow that will be dealt on Goa.


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