Monday, 4 August 2014

Bengal

KoPT agents file case challenging board of trustees’ decision


  • The Statesman
  • 03 Aug 2014
biswabrata goswami
Haldia, 2 August: Some clearing and forwarding agents attached with the Kolkata Port Trust (KoPT) have filed a case at the Calcutta High Court challenging the decision taken by the board of trustees of KoPT to hire on-shore dry bulk cargo handlers at its Haldia dock complex through a public auction, fixation of ceiling rates for the cargo handlers and the consequent tender issued by the port authorities.
The KoPT Board approved tendering for shore handling work at Haldia Port on 18 July despite unexplained opposition by the majority of trustee board members who, however, had given their consent to the same proposal in the Board meeting held in 13 December, 2012.
Surprisingly, the opposition to the scheme came from government nominees on the board of trustees including Mr C B Singh , Adviser, Ministry of Shipping and Mr I Jeykumar , Deputy Chairman, Kolkata Dock System while there was a directive of shipping ministry to clear the proposal.
“The scheme was opposed by most of the trustees who said there were legal and financial infirmities in the plan and wanted the port to rework the proposal,” sources placed in the Board said. The KoPT chairman Mr R P S Kahlon, however, informed the board that the directive to clear the scheme had come from the shipping ministry and he had no choice but to comply. “So, he overruled the objections raised by the trustees and used his casting vote to clear the plan,” a port official said. But, the decision was technically not passed as there was no unanimous or majority members’ decision. Even, there was no tie before taking such decision. It appears that the board meeting was held in such a manner as to make it challengeable in the High Court”, a senior port official alleged.
Taking advantage of the feasibility of the board’s decision, the petitioners have evidently used the minutes of the BOT meeting held on 18 July, 2014.
Interestingly and most surprisingly, Ministry of Shipping has not been made a party in the Writ Petition even though Tender was floated on the Order of Ministry of Shipping dated 8 July, 2014, just to avoid an aggressive action by the Ministry, a senior port official alleged. A section of port officers feel that the issue of protecting the monopoly business of a handling agent started when KoPT Board discharged the tender for comprehensive equipping of berth nos. 2 & 8 of HDC in May, 2013 despite receiving a competitive rate of about Rs 170/- per ton from the consortium of M/s OSL and M/s. Avian. This consortium filed a writ application before the High Court praying for awarding them the contract at their quoted rate of Rs 170/-, which is still pending for disposal.
According to the port officers, the handling agent enjoying monopoly at Haldia is dictating terms so that their business interests continue. They are also thinking of stopping down port operations in case the port goes ahead with their shore handling tender.

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