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Port Trust

In all countries, it is recognised that there is need to control the foreshore and adjoining navigable

waters. Roman Lawis built on the concept that foreshore was in dominium populi, that is for all thepeople to use freely, under the authority of government. It is possible to establish a port only on

foreshore because convenient land interface from sea is necessary for ships to moor for loading and

unloading cargo. Foreshore belonged to all and therefore it should be freely accessible to all. Being

open to all, competition would arise on use of foreshore land especially for establishing port.

Naturally this calls for regulation of competition. Being uniue public assets, foreshore land cannot

be sold to any private entity. !"perience world#wide suggests that the best form of regulating

foreshore land without infringing on public rights is to vest foreshore and adjoining water spread to a

board of trustees, where all interests $ both private and public including local authority is

represented.

In India seaports began to be established as statutory public trusts. %he first such public trust was

established for Bombay &ort in '()* following which, Bombay &ort %rust +ct in '() was enacted.

-imilar enactments followed, i.e., for alcutta &ort in '(/0 and for 1adras &ort in '/2. In '3* an

+ct enabling entral 4overnment to declare a port as major &ort and to vest foreshore and water

spread of such a port to a board of trustees of that port was enacted. %his is 1ajor &ort %rusts +ct,

'3*+ll ports previously established under different +cts were brought within the purview of this

newly enacted law.

Besides representatives of entral 4overnment, the +ct provides for representation in the board of

trustees for various interests. -uch interests include 5'6 labour employed in the port $ a minimum oftwo representatives0 57 ship owners0 5*6 owners of sailing vessels0 586 shippers0 and 526 such other

interests, which in the opinion of the entral 4overnment, ought to be represented on the Board.

-ervicing trade and providing shipping facility that is adeuate to service trade are functions vested

in the port trusts as per 1ajor &ort %rusts +ct, '3*. 9owever, focus of development of ports began

to shift from trade to operators of ships especially for container cargo.

urrently there are '* 1ajor &orts in India. !"cepting !nnore &ort, all other ports are governed

in accordance with 1ajor &ort %rusts +ct, '3*. !ach port has separate board of trustees

appointed by the entral 4overnment. !nnore &ort is public limited company fully owned bythe entral 4overnment. India is a union of 7( states and ) :nion %erritories. India is officially

referred to as the :nion of Republic of India. %hough there is division of powers between the

entral 4overnment and government of a state, 1ajor &orts come within purview of entral

4overnment. %he thirteen 1ajor &orts are;

1umbai 5previously ol

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hennai 5&reviously andla # http;==

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Adequate and safe storage

Congenial industrial relations

Community development

Afforestation

Environment upgradation

Continued expansion and upgradation

ell!connected "ith hinterland #y road$ rail and "ater"ays