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Central Acts and Rules Amended and Updated
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      • 1. Short title and application.
      • 2. Fees payable.
      • 3. Payment of travelling allowance.
      • 4. Payment of certain allowances to a Trustee who is a Government servant.
      • 1. Short title and application.
      • 2. Frequency of meetings of Board and place of meetings thereof, etc.
      • 3. Calling of special meetings.
      • 4. Circulation of agenda, etc.
      • 5. Discussion of items not included in the agenda.
      • 6. Poll.
      • 7. Minutes of the meeting.
      • 8. Adjournment of meetings.
      • 1. Short title and application.
      • 2. Fees payable.
      • 3. Payment of travelling allowance.
      • 4. Payment of certain allowance to a Trustee who is a Government servant.
      • 1. Short title and application.
      • 2. Frequency of meetings of Board and place of meetings thereof.
      • 3. Calling of special meetings.
      • 4. Circulation of agenda, etc.
      • 5. Discussion of items not included in the agenda.
      • 6. Poll.
      • 7. Minutes of the meeting.
      • 8. Adjournment of meetings.
      • 1. Short title and application.
      • 2. Fees payable.
      • 1. Short title and application.
      • 2. Frequency of meetings of Board and place of meetings thereof.
      • 3. Calling of special meetings.
      • 4. Circulation of agenda etc.
      • 5. Discussion of items not included in the agenda.
      • 6. Poll.
      • 7. Minutes of the meeting.
      • 8. Adjournment of meetings.
      • 1. Short Title.
      • 2. Definitions.
      • 3. Scope.
      • 4. Stevedoring Charges.
      • 5. License For Stevedores/Stevedoring.
      • 6. Change in Name, Constitution, etc. to be communicated.
      • 7. Validity/Renewal of License.
      • 8. Duties and Responsibilities of a Stevedore.
      • 9. Cancellation/Suspension of License.
      • 10. Appeal.
      • 11. Deployment of Workers From Port/License Holder or Outsider.
      • 12. Datum, Norms For Productivity etc.
      • 13. Training, Use of Modern Technology.
      • 14. Miscellaneous.
      • 15. Interpretation.
      • 16. Repeal and Savings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without licence.
      • 5. Criteria for issue of license.
      • 6. Issue of licence.
      • 7. Validity and renewal of licence.
      • 8. PerFormance Standards and tariff for stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of Traffic Manager.
      • 12. Deployment of workers of Board, Dock Labour Board, license holder or other source.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short Title and Commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Manner of Appointment.
      • 5. Schedules.
      • 6. Roster of Vacancies.
      • 7. Reservation.
      • 8. Nationality, Character, Physical Fitness etc. for Direct Recruitment.
      • 9. Eligibility of Existing Employees for Direct Recruitment.
      • 10. Advertisement of Vacancies.
      • 11. Conduct of written Skill Tests in Certain Cases.
      • 12. Services Selection Committee.
      • 13. Select List.
      • 14. Consideration of Recommendations off Services Selection Committee and Adhoc Appointments.
      • 15. Canvassing support a disqualification.
      • 16. Suppression of facts a disqualification.
      • 17. Cancellation of Appointment Order.
      • 18. Payment of Travelling Allowance for Attending Interview.
      • 19. Probation Period.
      • 20. Confirmation of Employees on Probation.
      • 21. Discharge or Reversion of Employees on Probation.
      • 22. Departmental Test For Promotion, Confirmation in Certain Cases.
      • 23. Reversion Due to Failure in Departmental Test.
      • 24. Seniority List.
      • 25. Fixation of Seniority.
      • 26. Departmental Promotion Committee.
      • 27. Field of Selection for Promotion.
      • 28. Adhoc Appointments.
      • 29. Compassionate Appointments.
      • 30. Interpretation.
      • 31. Repeal and Savings.
      • 1.
      • 2.
      • 3.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Extent of application.
      • 4. Conditions of eligibility.
      • 5. Interest-free advance.
      • 6. Amount of advance.
      • 7. Disbursement of advance.
      • 8. Recovery of advance.
      • 9. Accounts of advance.
      • 10. Interpretation of Regulations.
      • 11. Repeal and savings.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Distraint or arrest of vessels.
      • 5. Sale of distrained or arrested vessel.
      • 6. Liabilities of the buyer of the vessel.
      • 7. Repeal and Savings.
      • 1. Short title and Commencement.
      • 2. Definitions.
      • 3. Dangerous or Hazardous Cargo.
      • 4. Classification of Dangerous or Hazardous Goods.
      • 5. General acceptability of ships carrying dangerous or hazardous containers into port.
      • 6. Restriction on entry of ships carrying certain classes and quantities of dangerous or hazardous cargo.
      • 7. Advance Notification.
      • 8. Berthing.
      • 9. Stacking of dangerous or hazardous cargo containers.
      • 10. Containers containing dangerous or hazardous cargo brought to International Container Transhipment Terminal, Port Container Freight Station etc.
      • 11. Special conditions to be followed for permitting transit of Class7 Cargo.
      • 12. Container brought in for customs examination in port by road or Roll On Roll Off Barges.
      • 13. Stuffing and destuffing of containers.
      • 14. Marking and Labeling.
      • 15. Stuffing Certificate.
      • 16. General advice on receipt of containers containing dangerous or hazardous cargo for stuffing or destuffing.
      • 17. Destuffing of dangerous or hazardous cargoes.
      • 18. Limit of dangerous cargo.
      • 19. Precautions to be taken by persons handling dangerous or hazardous cargo.
      • 20. Segregation of International Maritime Organization class containers.
      • 21. International Maritime Dangerous Goods Code to apply in the absence of specific provisions.
      • 22. Contraventions of regulations.
      • 23. Standard Operating Procedures.
      • 1. Short title, application and commencement.
      • 2. Definitions.
      • 3. License and Inspection fees.
      • 4. Application for licence.
      • 5. Period of Construction of Jetties, Piers, Slipways.
      • 6. Maintenance of Jetties, Piers, Slipways.
      • 7. Removal of Jetties, Piers, Slipways.
      • 8. Cancellation of licence and taking control of jetties, slipways by the Board.
      • 9. Avoidance of obstruction to navigation.
      • 10. Security of the Jetty.
      • 11. Environmental protection.
      • 12. Fish landing.
      • 1. Short Title and Commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without License.
      • 5. Criteria for issue of License.
      • 6. Issue of License.
      • 7. Validity and renewal of License.
      • 8. Performance standards and tariff for stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of Traffic Manager.
      • 12. Deployment of workers of Board, Dock Labour Board, License holder or other source.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short title and application.
      • 2. Commencement.
      • 3. Definitions.
      • 4. Object.
      • 5. Constitution of the Fund.
      • 6. Contribution to the Fund.
      • 7. Payment in the event of death while in service.
      • 8. Administration of the Fund.
      • 9. Accounts and audit.
      • 10. Interpretation.
      • 1. Short Title and Commencement.
      • 2. Application.
      • 3. Definition.
      • 4. Manner of Appointment.
      • 5. Schedules.
      • 6. Roster of Vacancies.
      • 7. Reservation.
      • 8. Nationality, Character, Physical Fitness etc. for Direct Recruitment.
      • 9. Eligibility of Existing Employees for Direct Recruitment.
      • 10. Advertisement of Vacancies.
      • 11. Conduct of Written or Skill Tests in Certain Cases.
      • 12. Services Selection Committee.
      • 13. Select List.
      • 14. Consideration of Recommendations of Services Selection Committee and Adhoc Appointments.
      • 15. Canvassing Support a Disqualification.
      • 16. Suppression of facts a Disqualification.
      • 17. Cancellation of Appointment Order.
      • 18. Payment of Travelling Allowance for Attending Interview.
      • 19. Probation Period.
      • 20. Confirmation of Employees on Probation.
      • 21. Discharge or Reversion of Employees on Probation.
      • 22. Departmental Test for Promotion, Confirmation in Certain Cases.
      • 23. Reversion due to Failure in Departmental Test.
      • 24. Seniority List.
      • 25. Fixation of Seniority.
      • 26. Departmental Promotion Committee.
      • 27. Field of Selection for Promotion.
      • 28. Adhoc Appointments.
      • 29. Compassionate Appointments.
      • 30. Interpretation.
      • 31. Repeal and Savings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Board not responsible for any act of or default of Port officials.
      • 4. Notice of the expected arrival of a vessels.
      • 5. Allotment, occupation and vacation of berths.
      • 6. Preferential allotment of berths in public interests.
      • 7. Refusal to allot a berth.
      • 8. Master to be in command of vessels.
      • 9. Orders, etc., of the Deputy Conservator to be carried out.
      • 10. Berthing of tankers in ballast at Dry Cargo Wharf Berths.
      • 11. Vessels to be under power or assisted by tugs.
      • 12. Supply of Lines, Hawsers, etc.
      • 13. Vessel to have sufficient number of crew and appliances on board.
      • 14. Anchors to be ready.
      • 15. Stowing of Anchors.
      • 16. Projection from a vessel's side.
      • 17. Master's etc. responsibility for accidents.
      • 18. Vessel lying outside the channel to be moved.
      • 19. Vessels to be upright while berthing or unberthing.
      • 20. Masters etc. to place his vessel into her berth.
      • 21. Masters, etc., to take all precautions on board to safeguard life or property.
      • 22. Mooring, unmooring and moving vessels in Port.
      • 23. Mooring to be done properly.
      • 24. Vessel to be in charge of competent persons.
      • 25. QuarterMaster or Seaman to be kept on deck.
      • 26. Vessels propeller not to be worked.
      • 27. Anchor or other gear dropped to be recovered.
      • 28. Vessel should be properly ballasted.
      • 29. Repairing vessels.
      • 30. Goods, etc. not to be allowed to fall.
      • 31. Penalty.
      • 32. Compliance with International Convention for the prevention of Pollution from Ships (MARPOL) Regulations.
      • 33. Access to vessels.
      • 34. Fire arms.
      • 35. Master etc. of vessels responsible for damage.
      • 36. Vessels lie at risk of Master etc.
      • 37. Master's etc. responsibility for acts of crew etc.
      • 38. Board not liable for delay, etc.
      • 39. Master of vessels to report, immediately, outbreak of fire, explosion, leak or collision.
      • 40. Under water repairs.
      • 41. The sinking of any boat in the Port to be reported.
      • 42. Lighters, boats and other craft to be beached only at places assigned.
      • 43. Boat and other craft not to make fast to quays, wharves or landing places.
      • 44. Cargo work in the Port under the Traffic Manager.
      • 45. Allocation of cranes or cargo handling equipments.
      • 46. Vessel to be moored before working cargo.
      • 47. Production of vessel's papers, cargo details etc.
      • 48. Loading and unloading of cargoes likely to foul wharves.
      • 49. Shifting of vessels from their berths.
      • 50. Vessel overlapping or double banked.
      • 51. Discharge of a vessel's cargo to be under the supervision of master, etc. or stevedore and their liabilities.
      • 52. Masters, etc., and stevedores working cargoes to provide proper lights on board.
      • 53. Making up on slings and cranes not to be used under vessel's coamings.
      • 54. Use of vessel winches.
      • 55. Discharge or loading of heavy package.
      • 56. Discharge of hazardous and fragile goods.
      • 57. Supply of labour by the Board for working goods.
      • 58. Storage and shipment of export goods.
      • 59. Responsibility for import goods.
      • 60. Responsibility only for quantity of goods received.
      • 61. Issue of receipt and remark list.
      • 62. Responsibility for lost or damaged goods.
      • 63. Delivery of goods.
      • 64. Detention of goods for freight etc.
      • 65. Opening of packages by the owners.
      • 66. Packages opened at owner's risk.
      • 67. Removal of goods not shipped by parties from wharf etc.
      • 68. Handling of International Maritime Organization Class I cargo (Explosives).
      • 69. Berthing of naval vessels having explosives on board.
      • 70. Warships not to carry out repairs while at berth.
      • 71. Handling of hazardous cargo.
      • 72. Petroleum vessels.
      • 73. Bulk oil vessel discharging and loading petroleum at the Port of Cochin.
      • 74. Distance between Petroleum vessels.
      • 75. Responsible officer to be on board.
      • 76. Other precautions.
      • 77. Packed petroleum and its products.
      • 78. Prevention of escape of petroleum.
      • 79. Master Etc. of petroleum vessel responsible for damage.
      • 80. Bunkering of vessel with liquid fuel.
      • 81. Quays etc., to be under the authority of the Traffic Manager.
      • 82. Public excluded from the Port premises except on business.
      • 83. Issue of Transaction Licence.
      • 84. Trespass.
      • 85. Undesirable.
      • 86. Ships officers and crew and passengers in transit.
      • 87. Admission of visitors.
      • 88. Onus of proof.
      • 89. Motor vehicles in Port premises.
      • 90. Permission to take photographs or videography in the Port.
      • 91. Working hours.
      • 92. Refund of charges.
      • 93. Entry or Removal of vehicles, equipments, tools, appliances or any other items.
      • 94. Destruction or damage to any of the Board's property.
      • 95. Dumping of Waste.
      • 96. Obstructing officers.
      • 97. Issue of Port clearance.
      • 98. Smoking etc.
      • 99. Accessibility of vessels to Port and Police officials.
      • 100. Board not responsible for loss or damage to goods under certain circumstances.
      • 101. Board not bound to find storage space for goods.
      • 102. Penalty.
      • 103. Interpretation.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Classification dangerous goods in Jawaharlal Nehru Port.
      • 4. Handling restriction for dangerous goods in Jawaharlal Nehru Port.
      • 5. Procedure for authorization for dangerous goods.
      • 6. Restriction on handling and storage of dangerous goods.
      • 7. Packing of Dangerous Goods.
      • 8. Marking, labelling and placarding.
      • 9. Responsible person to be in charge of operation.
      • 10. Split or spoiled packages or drums or receptacles etc. to do destroyed.
      • 11. Spill recovery and clean up of dangerous goods.
      • 12. Employment of children, intoxicated person and certain other persons.
      • 13. Special provisions against accident and exclusion of unauthorised persons.
      • 14. Obligation to take precautions.
      • 15. Responsibilities of the owner or agent or Master.
      • 16. Responsibilities of the Master.
      • 17. Responsibilities of barge owner or operator.
      • 18. Responsibilities of Transporter.
      • 19. Responsibility of the driver.
      • 20. General.
      • 21. Fencing of Storage Yard.
      • 22. Decontamination.
      • 23. Handling and storage of radioactive material (IMDG Code Class 7).
      • 24. Sealing, marking and labelling of containers containing dangerous goods.
      • 25. Stowage of dangerous goods in the terminal.
      • 26. Examination Area.
      • 27. Handling of dangerous goods container in the Import direction.
      • 28. Penalties.
      • 29. Notice of accident.
      • 30. Inquiry.
      • 31. Power to Exempt.
      • 32. Change.
      • 1.
      • 2.
      • 3.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Qualifications of candidates.
      • 4. Pilot Licence.
      • 5. Conditions for joining the Pilot Service in Port.
      • 6. Training.
      • 7. Subjects of Examination.
      • 8. Examination Committee.
      • 9. Failure to pass Examination.
      • 10. Issue of Licence.
      • 11. Classification of Pilots.
      • 12. Duties of Pilots.
      • 13. Dock Masters to do duties at Shore Station.
      • 14. The Pilot Station and the Shore Station.
      • 15. Operational Control of Pilots.
      • 16. Boarding inward bound - vessels, etc.
      • 17. Power to direct Pilots to take charge of a Vessel of higher tonnage in certain circumstances.
      • 18. Harbour Master to Regulate Attendance of Pilots on Vessels.
      • 19. Pilots to obey the order of the Authority.
      • 20. Pilots Behaviour.
      • 21. Pilots to obtain certificate of service performed by them.
      • 22. Pilots to go on board vessels in good time.
      • 23. Pilots to see that vessel and her equipment are in order.
      • 24. Pilot to acquaint with the movement of vessels.
      • 25. Commencement of Pilot's outward duties.
      • 26. Termination of Pilot's outward duties.
      • 27. Commencement of Pilot's Inward duties.
      • 28. Termination of Pilot's inward duties.
      • 29. Moving of Vessel.
      • 30. Pilots to report on landing.
      • 31. Pilots not to bring vessels into dock when the signal is against him.
      • 32. Pilots when on duty to carry with them their licence, etc.
      • 33. Loss of Licence.
      • 34. Pilots to give information of any alterations in navigational marks, etc.
      • 35. Pilots to report casualties.
      • 36. Pilots to ascertain quarantine and security compliance.
      • 37. Log Book to be kept at control (Signal) station.
      • 38. Senior Pilots to give instructions to subordinate Pilots, Junior Pilots and Probationary Pilots.
      • 39. Pilots giving evidence.
      • 40. Pilot's examination of charts.
      • 41. Pilot's uniform.
      • 42. Pilot to be provided with proper food and resting accommodation.
      • 43. Interpretation.
      • 44. Repeal and Savings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Scope.
      • 4. Issue of stevedoring licenses.
      • 5. Production of evidence of capacity to do stevedoring work.
      • 6. Duties and responsibilities of stevedore.
      • 7. Applications for grant/renewal of licence.
      • 8. Power of Chairman to suspend a licence pending enquiry.
      • 9. Cancellation, suspension of licence.
      • 10. Appeal.
      • 11. Deployment of workers form Port/Licence holder or Outside.
      • 12. Datum, Norms for Productivity, etc.
      • 13. Training, use of Modern Technology.
      • 14.
      • 15. Repeal.
      • 1. Short Title.
      • 2. Eligibility.
      • 3. Definitions.
      • 4. Medical Attendance.
      • 5. Medical Treatment.
      • 6. Other Medical Facilities.
      • 7. Procedure for sanctioning claims for Reimbursement of medical attendance/ Treatment charges.
      • 8. Medical Advance.
      • 9. Concessions for Families.
      • 10. T.A. for Medical Attendance & Treatment.
      • 11. Procedure for payment to approved hospital.
      • 12. Interpretation.
      • 13. Power to relax.
      • 14. Repeal and Saving.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without licence.
      • 5. Criteria for issue of licence.
      • 6. Issue of licence.
      • 7. Validity and renewal of licence.
      • 8. Performance Standards and tariff for Stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of Traffic Manager or General Manager (Traffic).
      • 12. Deployment of workers of Board, Dock Labour Board, licence holder or other sources.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short title and commencement.
      • 2.
      • 3.
      • 1. Zone "A" shall comprise the area falling within the following limits, namely
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 2.
      • 3.
      • 1. Short Title.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Existing Rules to continue.
      • 5. Form of receipt.
      • 6. Period of Notice.
      • 1. Short title and application.
      • 2. Definitions.
      • 3. Fees payable.
      • 4. Payment of travelling allowances.
      • 1. Short title and application.
      • 2. Definitions.
      • 3. Frequency of meetings.
      • 4. Calling of special meetings.
      • 5. Circulation of agenda papers.
      • 6. Discussion of items not included in the agenda.
      • 7. Poll.
      • 8. Minutes of the meeting.
      • 9. Adjournment of meetings.
      • 1. Short title, commencement and application
      • 2. Definitions
      • 3. Constitution of Board of Trustees
      • 4. First Board of Trustees
      • 5. Board to be body corporate
      • 6. Disqualification for office of Trustee
      • 7. Term of office of Trustees
      • 8. Vacation of office of Trustees
      • 9. Eligibility of Trustee for re-appointment or re-election
      • 10. Filling of vacancies in office of Trustee
      • 11. Saving provision for appointment of Trustee by Central Government after prescribed period
      • 12. Power of Central Government to extend time for election or appoint Trustees in default of election
      • 13. Term of office in case of certain Trustees
      • 14. Absence of Chairman and Deputy Chairman
      • 14-A. Acting Chairman or Deputy Chairman
      • 15. Conditions of service of Chairman and Deputy Chairman
      • 16. Meetings of Board
      • 17. Committees of Board
      • 18. Fees and allowances payable to Trustees
      • 19. Restriction of power of Trustees to vote in certain cases
      • 20. Defects in appointments or election not to invalidate acts, etc
      • 21. Delegation of powers
      • 22. Duties of Chairman and Deputy Chairman
      • 23. Schedule of Board's staff
      • 24. Power to make appointments
      • 25. Power to promote, grant leave, etc., to employees of Board
      • 26. Consulting Engineer to Board
      • 27. Power to create posts
      • 28. Power to make regulations
      • 29. Transfer of assets and liabilities of Central Government, etc., to Board
      • 30. Existing rates, etc., to continue until altered by Board
      • 31. Repayment of capital with interest
      • 32. Procedure when immovable property cannot be acquired by agreement
      • 33. Contracts by Board
      • 34. Mode of executing contracts on behalf of Board
      • 35. Power of Board to execute works and provide appliances
      • 35-A. Power with respect to landing places and bathing ghats
      • 36. Power of Board to undertake certain works
      • 37. Power of Board to order sea-going vessels to use docks, wharves, etc
      • 38. If accommodation sufficient, all sea-going vessels compelled to use docks, wharves, etc
      • 39. Power to order vessels not to come alongside of, or to be removed from, docks, wharves, etc
      • 40. Power of Central Government to exempt from obligation to use docks, wharves, etc
      • 41. Board to declare when vessels other than sea-going vessels compelled to use docks, wharves, etc
      • 42. Performance of services by Board or other person
      • 43. Responsibility of Board for loss, etc., of goods
      • 44. Accommodation to be provided for customs officers in wharves, etc., appointed under Sea Customs Act
      • 45. Dues at customs wharves, etc
      • 46. Power to permit erection of private wharves, etc., within a port subject to conditions
      • 47. Compensation payable in certain cases where use of any private wharf, etc., rendered unlawful
      • 47-A. Constitution and incorporation of Tariff Authority for Major Ports
      • 47-B. Term of office, conditions of service, etc., of Chairperson and other Members
      • 47-C. Disqualification for the office of Chairperson and Member
      • 47-D. Removal, etc., of Chairperson and Members
      • 47-E. Meetings
      • 47-F. Authentication of all orders and decisions of the Authority
      • 47-G. Vacancy, etc., not to invalidate proceedings of the Authority
      • 47-H. officers and employees of the Authority
      • 48. Scales of rates for services performed by Board or other person
      • 49. Scale of rates and statement of conditions for use of property belonging to Board
      • 49-A. Fees for pilotage and certain other services
      • 49-B. Fixation of port-dues
      • 50. Consolidated rates for combination of services
      • 50-A. Port-due on vessels in ballast
      • 50-B. Port-due on vessels not discharging or taking in cargo
      • 50-C. Publication of orders of Authority
      • 51. Power to levy concessional rates in certain cases
      • 52. Prior sanction of Central Government to rates and conditions
      • 53. Exemption from, and remission of rates or charges
      • 54. Power of Central Government, to require modification or cancellation of rates
      • 55. Refund of overcharges
      • 56. Notice of payment of charges short-levied or erroneously refunded
      • 57. Authority not to lease rates without sanction
      • 58. Time for payment of rates on goods
      • 59. Board's lien for rates
      • 60. Ship-owner's lien for freight and other charges
      • 61. Sale of goods after two months if rates or rent are not paid or lien for freight is not discharged
      • 62. Disposal of goods not removed from premises of Board within time limit
      • 63. Application of sale proceeds
      • 64. Recovery of rates and charges by distraint of vessel
      • 65. Grant of port-clearance after payment of rates and realisation of damages, etc
      • 66. Power to raise loans
      • 67. Port Trust securities
      • 68. Right of survivors of joint or several payees of securities
      • 69. Power of one or two or more joint holders to grant receipts
      • 70. Indorsements to be made on security itself
      • 71. Indorser of security not liable for amount thereof
      • 72. Impression of signature on securities
      • 73. Issue of duplicate securities
      • 74. Issue of converted, etc., securities
      • 74-A. Recognition as holder of Port Trust securities in certain cases
      • 74-B. Legal effect of recognition by the Board under section 74-A
      • 75. Discharge in certain cases
      • 76. Power of Board to make regulations
      • 77. Place and currency of loans raised by Board
      • 78. Security for loans taken out by Board
      • 79. Remedies of Government in respect of loans made to Boards
      • 80. Power of Board to repay loans before due date
      • 81. Establishment of sinking fund
      • 82. Investment and application of sinking fund
      • 83. Examination of sinking fund
      • 84. Power of Board to raise loans on short-term bills
      • 85. Power of Board to take temporary loans or overdrafts
      • 86. Power of Board to borrow money from International Bank for Reconstruction and Development or other foreign institutions
      • 87. General account of port
      • 88. Application of moneys in general account
      • 89. Power to transfer moneys from general account to pilotage account and vice versa
      • 90. Establishment of reserve funds
      • 91. Power to reserve Port Trust securities for Board's own investments
      • 92. Prior sanction of Central Government to charge expenditure to capital
      • 93. Works requiring sanction of Board or Central Government
      • 94. Powers of Chairman as to execution of works
      • 95. Power of Board to compound or compromise claims
      • 96. Writing off losses
      • 97. Powers, etc., of Board as Conservator or Body appointed under section 36 of Indian Ports Act
      • 98. Budget estimates
      • 99. Preparation of supplemental estimate
      • 100. Re-appropriation of amounts in estimate
      • 101. Adherence to estimate except in emergency
      • 102. Accounts and audit
      • 103. Publication of audit report
      • 104. Board to remedy defects and irregularities pointed out in audit report
      • 105. Central Government to decide difference between Board and auditors
      • 106. Administration report
      • 107. Submission of statements of income and expenditure to Central Government
      • 108. Power of Central Government to order survey or examination of works of Board
      • 109. Power of Central Government to restore or complete works at the cost of Board
      • 110. Power of Central Government to supersede Board
      • 110-A. Power of Central Government to supersede the Authority
      • 111. Power of Central Government to issue directions to Board
      • 112. Every person employed by the authority of this Act to be a public servant
      • 113. Penalty for contravention of sections 37, 38, 40 and 41
      • 114. Penalty for setting up wharves, quays, etc., without permission
      • 115. Penalty for evading rates, etc
      • 116. Recovery of value of damage to property of Board
      • 117. Other offences
      • 117-A. Person interested in contracts, etc., with the Board to be deemed to have committed an offence under section 168 of the Indian Penal Code
      • 118. Cognizance of offences
      • 119. offences by companies
      • 120. Limitation of proceedings in respect of things done under the Act
      • 121. Protection of acts done in good faith
      • 122. Power of Central Government to make rules
      • 123. General power of Board to make regulations
      • 123-A. Power of Authority to make regulations
      • 124. Provisions with respect to regulations
      • 125. Power of Central Government to direct regulations to be made or to make regulations
      • 126. Power of Central Government to make first regulations
      • 127. Posting of certain regulations, etc
      • 128. Saving of right of Central Government and municipalities to use wharves, etc., for collecting duties and of power of Customs officers
      • 129. Application of certain provisions of the Act to aircraft
      • 130. Power to evict certain persons from the premises of Board
      • 131. Alternative remedy by suit
      • 132. Requirements as to publication of notifications, orders, etc., in the official Gazette
      • 133. Repeal
      • 134. Power to remove difficulties
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Establishment of the Fund.
      • 4. Administration of the Fund.
      • 5. Expenditure from the Fund.
      • 6. Disbursement of the Fund.
      • 7. Investment of the Fund.
      • 8. Interpretation.
      • 1. Short title and commencement.
      • 2. Applications.
      • 3. Definitions.
      • 4. Eligibility.
      • 5.
      • 6.
      • 7.
      • 8.
      • 9.
      • 10.
      • 11.
      • 12.
      • 13.
      • 14.
      • 15.
      • 16.
      • 17.
      • 18.
      • 19.
      • 20.
      • 21.
      • 22. Hostel subsidy.
      • 23.
      • 24.
      • 25.
      • 26.
      • 27.
      • 28.
      • 29.
      • 30. Interpretation of regulations.
      • 31. Repeal and savings.
      • 32. Central government orders/instructions /rules to be followed in the application of these regulations.
      • 1. Short Title and Commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Existing rules to continue.
      • 5. Form of receipt.
      • 6. Period of notice.
      • 1. Short Title And Application.
      • 2. Definitions.
      • 3. Fees Payable.
      • 4. Payment Of Travelling Allowances.
      • 1. Short Title and Application.
      • 2. Definitions.
      • 3. Frequency of Meetings.
      • 4. Calling of Special Meetings.
      • 5. Circulation of the Agenda Papers.
      • 6. Discussion of items not included in the Agenda.
      • 7. Poll.
      • 8. Minutes of the Meeting.
      • 9. Adjournment of Meetings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Qualifications of candidates.
      • 4. Pilot Licence.
      • 5. Conditions for joining the Pilot service in Port.
      • 6. Training.
      • 7. Subjects of Examination.
      • 8. Examination Committee.
      • 9. Failure to pass examination.
      • 10. Issue of Licence.
      • 11. Classification of Pilots.
      • 12. Pilot boarding or disembarkation at the entry point of the Port including identification of Pilot Launch or Vessel.
      • 13. Dock Masters to do duties at Shore Station.
      • 14. The Pilot Station and Shore Station.
      • 15. Operation Control of Pilots.
      • 16. Boarding Inward bound vessels, etc.
      • 17. Power to direct Pilots to take charge of a vessel of higher tonnage in certain circumstances.
      • 18. Regulation of Pilots on vessels.
      • 19. Pilots to obey the orders of the authority.
      • 20. Pilot's behaviour.
      • 21. Pilots to obtain certificate of services performed by them.
      • 22. Pilot to go on board vessels in good time.
      • 23. Pilots to see that vessel and her equipment are in order.
      • 24. Pilot to acquaint with the movement of vessels.
      • 25. Commencement of Pilot's outward duties.
      • 26. Termination of Pilot's outward duties.
      • 27. Commencement of Pilot's inward duties.
      • 28. Termination of Pilot's inward duties.
      • 29. Moving of Vessels.
      • 30. Pilots to report on landing.
      • 31. Pilot not to bring vessels into dock when the signal is against him.
      • 32. Pilot when on duty to carry with him his licence, etc.
      • 33. Loss of licence.
      • 34. Pilots to give information of any alternations in navigational marks, etc.
      • 35. Pilots to report casualties.
      • 36. Pilot to ascertain quarantine and security compliance.
      • 37. Log book to be kept at Control Station.
      • 38. Senior Pilots to give instructions to Junior Pilots and Probationary Pilots.
      • 39. Pilots giving evidence.
      • 40. Pilot's examination of charts.
      • 41. Uniform.
      • 42. Interpretation.
      • 43. Repeal and Savings.
      • 1. Short Title.
      • 2. Definitions.
      • 3.1.
      • 4. Duties and Responsibilities of a Stevedore.
      • 5. Submission of Application.
      • 6.
      • 7.
      • 8.
      • 9.
      • 10.
      • 11.
      • 12.
      • 13. Appeal.
      • 14. Deployment of Workers From Port/ DLBS/ License Holder or Outside.
      • 15. Training, Use of Modern Technology.
      • 16.
      • 17. Repeal and Saving.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Constitution of the Fund.
      • 4. Administration of the Fund.
      • 5. Expenditure from the Fund.
      • 6. Disbursement of the Fund.
      • 7. Ceiling of the Fund.
      • 8. Investment of the Fund.
      • 9. Interpretation.
      • 1.0 Short Title and Commencement.
      • 2.0 Application.
      • 3.0
      • 4.0 Definitions.
      • 5.0 Classification of Dangerous Goods.
      • 6.0 Arrival of the vessel.
      • 7.0 Deposit.
      • 8.0 Grant of Permit.
      • 9.0 Commencement of cargo handling.
      • 10.0 Responsibilities of the Master.
      • 11.0 Responsibilities of Owner/ Agent.
      • 12.0 Obligation to take precautions.
      • 13.0 Determination of Categories of new Substances.
      • 14.0 Responsibility of Barge Owner/Operator.
      • 15.0 General Provisions.
      • 16.0 Power to exempt.
      • 17.0 Penalties.
      • 18.0
      • 19.0
      • 20.0
      • 21.0
      • 22.0 Precautions for Handling of Cylinders.
      • 23.0
      • 24.0
      • 25.0
      • 26.0
      • 27.0
      • 28.0
      • 29.0 Definition.
      • 30.0
      • 31.0
      • 32.0
      • 33.0
      • 34.0
      • 35.0
      • 36.0
      • 37.0
      • 38.0
      • 39.0
      • 40.0 Definition.
      • 41.0
      • 42.0
      • 43.0
      • 44.0
      • 45.0
      • 46.0
      • 47.0
      • 48.0
      • 49.0
      • 50.0
      • 51.0
      • 52.0 Definition.
      • 53.0
      • 54.0
      • 55.0
      • 56.0
      • 57.0
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      • 60.0
      • 61.0
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      • 68.0
      • 69.0 Definition.
      • 70.0
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      • 77.0
      • 78.0
      • 79.0
      • 80.0 De-Contamination.
      • 81.1
      • 82.0 Definition.
      • 83.0
      • 84.0
      • 85.1
      • 86.0 Definition.
      • 87.0
      • 88.0
      • 89.0
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      • 95.0
      • 96.0 Definition.
      • 97.0
      • 98.0
      • 1. Short Title And Commencement.
      • 2. Application.
      • 3. Definition.
      • 4. Manner of Appointment.
      • 5. Schedules.
      • 6. Roster of Vacancies.
      • 7. Reservation.
      • 8. Nationality, Character, Physical Fitness etc. for Direct Recruitment.
      • 9. Eligibility of Existing Employees for Direct Recruitment.
      • 10. Advertisement of Vacancies.
      • 11. Conduct of Written or Skill Tests in certain cases.
      • 12. Services Selection Committee.
      • 13. Select List.
      • 14. Consideration of Recommendations of Services Selection Committee and HOC appointments.
      • 15. Canvassing support a disqualification.
      • 16. Suppression of facts a disqualification.
      • 17. Cancellation of appointment order.
      • 18. Payment of Travelling Allowance for attending Interview.
      • 19. Probation Period.
      • 20. Confirmation of Employees on Probation.
      • 21. Discharge or reversion of employees on probation.
      • 22. Departmental Test for Promotion, Confirmation in certain cases.
      • 23. Reversion due to failure in departmental test.
      • 24. Seniority List.
      • 25. Fixation of Seniority.
      • 26. Departmental Promotion Committee.
      • 27. Field of selection for promotion.
      • 28. Adhoc appointments.
      • 29. Compassionate Appointments.
      • 30. Interpretation.
      • 31. Repeal And Savings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Scope/Period of Issue/Renewal of Stevedoring License.
      • 4. Stevedoring Charges.
      • 5. License for Stevedores/Stevedoring.
      • 6. Production of evidence of stevedoring work done.
      • 7. Issue of new stevedoring License.
      • 8. Duties and responsibilities of stevedore.
      • 9. Change in name/constitution etc. to be communicated.
      • 10. Validity/Renewal of licence.
      • 11. Power of Chairman to suspend a licence pending enquiry.
      • 12. Cancellation/Suspension of Licence.
      • 13. Appeal.
      • 1.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without licence.
      • 5. Criteria for issue of license.
      • 6. Issue of licence.
      • 7. Validity and renewal of licence.
      • 8. Performance Standards and tariff for stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of Traffic Manager.
      • 12. Deployment of workers of Board, Dock Labour Board, license holder or other source.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short title and commencement.
      • 2.
      • 3.
      • 1.
      • 2.
      • 1.
      • 2.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Existing rules to continue.
      • 5. Form of receipt.
      • 6. Period of responsibility.
      • 1. Short Title and Commencement.
      • 2. Definition.
      • 3. Scope.
      • 4. Issue of Stevedoring Licence.
      • 5. Production of Evidence of Stevedoring work done/Capacity to do such work.
      • 6. Duties and responsibilities of stevedores.
      • 7. Application for grant/renewal of licence.
      • 8. Suspension of Licenses.
      • 9. Appeal.
      • 10.
      • 11. Repeal.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. No person to undertake stevedoring or shore handling activities without licence.
      • 5. Criteria for issue of licence.
      • 6. Issue of licence.
      • 7. Validity and renewal of licence.
      • 8. Performance standards and tariff for stevedoring and shore handling activities.
      • 9. Payment of Royalty.
      • 10. Duties and responsibilities of agents.
      • 11. Duties of traffic manager.
      • 12. Deployment of workers of Board, management committee, Paradip Port, licence holder or other source.
      • 13. Suspension and cancellation of licence.
      • 14. Appeal.
      • 15. Refund of security deposit.
      • 1. Short title.
      • 2. Fees payable.
      • 3. Payment of travelling allowances.
      • 1. Short title and commencement.
      • 2. Frequency of meetings.
      • 3. Calling of special meetings.
      • 4. Circulation of agenda papers.
      • 5. Discussion of items not included in the agenda.
      • 6. Poll.
      • 7. Minutes of the meeting.
      • 8. Adjournment of meetings.
      • 1. Short Title and Commencement.
      • 2. Application.
      • 3. Definition.
      • 4. Manner of Appointment.
      • 5. Schedules.
      • 6. Roster of Vacancies.
      • 7. Reservation.
      • 8. Nationality, Character, Physical Fitness etc. for Direct Recruitment.
      • 9. Eligibility of Existing Employees for Direct Recruitment.
      • 10. Advertisement of Vacancies.
      • 11. Conduct of Written or Skill Tests in Certain Cases.
      • 12. Services Selection Committee.
      • 13. Select List.
      • 14. Consideration of Recommendations of Services Selection Committee and Adhoc Appointments.
      • 15. Canvassing Support a Disqualification.
      • 16. Suppression of facts a Disqualification.
      • 17. Cancellation of Appointment Order.
      • 18. Payment of Travelling Allowance for Attending Interview.
      • 19. Probation Period.
      • 20. Confirmation of Employees on Probation.
      • 21. Discharge or Reversion of Employees on Probation.
      • 22. Departmental Test for Promotion, Confirmation in Certain Cases.
      • 23. Reversion due to Failure in Departmental Test.
      • 24. Seniority List.
      • 25. Fixation of Seniority.
      • 26. Departmental Promotion Committee.
      • 27. Field of Selection for Promotion.
      • 28. Adhoc Appointments.
      • 29. Compassionate Appointments.
      • 30. Interpretation.
      • 31. Repeal and Savings.
      • 1. Short Title and Commencement.
      • 2. Extent of Application.
      • 3. Contribution.
      • 4. Registration.
      • 5. Scope.
      • 6. Expenditure on the Regulations.
      • 7. Penalty.
      • 8. Miscellaneous.
      • 9. Interpretation.
      • 10.
      • 1. Short title.
      • 2. Scope & Applicability.
      • 3. Definitions.
      • 4. Issue of Stevedoring license.
      • 5. Duties and responsibilities of stevedore.
      • 6. Stevedoring Charges.
      • 7. Validity/Renewal of license.
      • 8. Change in name, constitution, etc. to be communicated.
      • 9. Cancellation/Suspension of Stevedoring License.
      • 10. Appeal.
      • 11. Other Miscellaneous.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Issue of Stevedoring and Shore Handling License.
      • 5. Validity and Renewal of Stevedoring and Shore Handling License.
      • 6. Migration to the New Stevedoring and Shore Handling Scheme.
      • 7. Change in the name, constitution, to be communicated.
      • 8. Stevedoring and Shore Handling Charges.
      • 9. Duties and responsibilities of Stevedoring and Shore Handling Agent.
      • 10. Cancellation or Suspension of license.
      • 11. Appeal.
      • 12. Deployment of workers from Port/CHD/License Holder or outside.
      • 13. Performance Norms.
      • 14. Training, Use of Modern Technology.
      • 15. Interpretation.
      • 1. Short Title and Commencement.
      • 1. Short title and commencement.
      • 2.

Cochin Port Trust (Licensing of stevedoring and shore handling) Regulations, 2019

Published vide Notification No. G.S.R. 778(E), dated 14.10.2019

Last Updated 17th October, 2019 [act3516]

Ministry of Shipping

G.S.R. 778(E). - In exercise of the powers conferred by sub-section (1) of section 124 read with sub-section (1) of section 132 of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby approves with modifications the Cochin Port Trust (Licensing of stevedoring and shore handling) Regulations, 2019 made by the Board of Trustees of the Cochin Port Trust under section 123 and published by it as required under sub-section (2) of section 124 of the said Act, as set out in the Schedule annexed to this notification.

2. The said regulations shall come into force on the date of publication of this notification in the official Gazette.

Schedule

In exercise of the powers conferred by section 123 of the Major Port Trusts Act, 1963 (38 of 1963), the Board of Trustees of the Cochin Port Trust hereby makes the following regulations, in supersession of the Cochin Port (Issue of Stevedoring Licences) Regulations, 1987, except as respects things done or omitted to be done before such supersession, namely:-

1. Short Title and Commencement. - (1) These regulations may be called the Cochin Port Trust (Licensing of stevedoring and shore handling) Regulations, 2019.

(2) They shall come into force on the date of publication of the approval thereto by the Central Government in the Official Gazette.

2. Definitions. - In these regulations, unless the context otherwise requires,-

(a) "Act" means the Major Port Trusts Act, 1963 (38 of 1963);

(b) "agent" means a person to whom stevedoring and shore handling license has been issued under regulation 6;

(c) "Board" means the Board of Trustees of the Cochin Port Trust constituted under the Act;

(d) "Chairman" means the Chairman of the Board;

(e) "Form" means a form appended to these regulations;

(f) "Port" means the Cochin Port;

(g) "lice nce" means a stevedoring and shore handling licence issued under regulation 6;

(h) "royalty" means the amount fixed by the Board which is payable by an agent to the Board for rendering stevedoring and shore handling services;

(i) "shore handling activities" include arranging and receiving the cargo to or from the hook point, intermodal transport from wharf to stack yard and vice-versa and also receiving and delivering of cargo from or to wagons or trucks;

(j) "stevedoring activities" include activities carried on board involving workmen, extending to hooking for loading cargo and unhooking of unloading cargo;

(k) "tariff authority" means the Tariff Authority for Major Ports constituted under section 47A of the Act;

(l) "Traffic Manager" means the Officer for the time being in-charge of the traffic department of the Cochin Port Trust and includes his deputies and assistants or any other officer acting under his authority;

(m) words and expressions used herein and not defined but defined in the Act shall have the same meaning as assigned to them in the Act.

3. Application. - These regulations shall apply to the stevedoring activities on board and shore handling activities on shore undertaken by the agent, but shall not apply to such activities undertaken either by the Board or by any person with whom Public Private Partnership agreement or Build-Operate-Transfer agreement or such other agreement has been entered into by the Board.

4. No person to undertake stevedoring or shore handling activities without License. - No person shall undertake to perform the stevedoring and shore handling activities in the Port unless he has been issued a valid License under these regulations:

Provided that a person to whom licence has been issued prior to the coming into force of these regulations may continue to operate under the existing licence for a period of sixty days or till he obtains a License under these regulations, whichever is earlier.

5. Criteria for issue of License. - A licence for carrying out the stevedoring and shore handling activities may be issued to an applicant who fulfills the following criteria, namely:-

(a) the applicant is a Company registered under the Companies Act, 2013 (18 of 2013) or a partnership Firm or any other legal entity;

(b) the applicant has employed, or submits an undertaking to employ, at least six supervisory personnel possessing minimum of two years' of experience in cargo handling or stowage;

(c) the applicant possesses equipment and gears required for stevedoring activities and shore handling activities, as specified by the Board;

(d) the applicant is willing to deposit interest-free refundable security deposit of rupees five lakhs or such higher amount, as the Board may fix, from time to time, to meet any contingency.

6. Issue of License. - (1) Any person who desires to obtain a licence under these regulations for carrying out the stevedoring and shore handling activities may, at any time, submit an application online in the format available on the website of the Board, or in writing to the Chairman in Form-A, along with the documents specified therein and a fee of rupees fifty thousand or such higher fee, as the Board may fix, from time to time.

(2) If the Chairman is satisfied that the applicant fulfills the criteria specified under regulations 5, he may issue licence to the applicant in Form-B or otherwise communicate the order of refusal to the applicant.

(3) The licence shall be issued under sub-regulations (2) on payment of security deposit specified in clause (d) of regulation 5.

7. Validity and renewal of License. - (1)The License issued under regulations 6 shall be valid for a period of three years from the date of issue of License unless otherwise specified.

(2) An application for renewal of License may be submitted in Form-A, atleast three months prior to expiry of the licence, along with the documents specified therein and a fee of rupees fifty thousand or such higher fee, as the Board may fix from time to time, and in case of delay, such late fee of Rs.10,000 or such higher amount as fixed by the Board.

(3) The licence is liable to be renewed if the applicant fulfills the following conditions, namely:-

(a) has complied with terms and conditions of the licence;

(b) has handled a minimum of ten thousand metric tonne of cargo per annum or such other volume of cargo, as the Board may fix, from time to time;

(c) has complied with the safety norms and such compliance has been certified by the Inspector appointed under the Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986) in the report submitted to the Chairman.

(4) If the Chairman is satisfied that the applicant has fulfilled the conditions specified in sub-regulation (3), he may renew the License for a further period of three years unless otherwise specified, or otherwise communicate the order of refusal to the applicant:

Provided that where the report of the Inspector referred to in clause (c) of sub-regulations (3) is not submitted before the date of expiry of the licence, the Chairman may, if he satisfied that the applicant fulfills all other conditions specified in sub-regulations (3), he may, subject to the agent executing an Indemnity bond in Form-C, renew the licence for a further period of three years unless otherwise specified.

(5) In the event of loss or defacing of the original licence, a duplicate licence may be issued if an application in this behalf is made to the Chairman on payment of rupees one thousand or such other amount as the Board may fix from time to time.

8. Performance standards and tariff for stevedoring and shore handling activities. - (1)The Board shall from time to time specify the performance standards to be followed by the agents for carrying out stevedoring and shore handling activities in the port.

(2) The Board may, for the purpose of encouraging compliance with the performance standards specified by it, fix incentives for the agents and specify penalty for non-performance and may publish monthly summary of performance achieved by the agents on its website.

(3) The tariff authority shall, on the basis of performance standards specified by the Board under sub-regulation (1), fix and notify tariff separately for mechanized and manual operations of stevedoring and shore handling activities in the port and such tariff shall be the ceiling rates applicable in the port.

(4) While notifying the tariff under sub-regulations (3), the tariff authority shall also notify the performance standards specified by the Board under sub-regulations (1).

(5) No agent shall charge tariff exceeding the ceiling rates notified by the tariff authority.

(6) A nodal officer appointed by the Chairman shall be responsible for-

(a) ensuring compliance of the stevedoring and shore handling tariffs by the agents;

(b) examine complaints received on violation of tariff notification or imposition of higher charges than the ceiling rates; and

(c) submit report to the Traffic Manager on the contraventions committed by any agent.

9. Payment of Royalty. - (1)The Board shall, in respect of the License issued by it, charge a royalty as the licence fee on per ton basis fixed by the Board and no discrimination shall be made in charging such royalty for the same type and quantity of cargo handled by the agents.

(2) Every agent shall be liable to pay royalty in advance, prior to calling of the vessel, on the basis of import general manifest quantity, in case of import and on the basis of the quantity declared by the vessel's agent or exporter or export general manifest, in case of export and the actual royalty payable shall be calculated after completion of the vessel's operation based on the total quantum of cargo handled by the agent.

(3) The difference in amount of royalty, if any, shall be payable within ten days from the date of raising of the bill and in case of delay in payment of royalty, interest shall be payable as specified in the Scale of Rates of the Port.

(4) The Board may consider the waiver of royalty in following circumstances, namely:-

(a) cargo handled by the agents during the period of strike called by the registered cargo handling workers of the Port;

(b) relief cargo handled during the natural calamities;

(c) defence cargo handled during the emergencies and war like situations;

(d) if such direction is issued by the Government.

10. Duties and responsibilities of agents. - Every agent shall perform the following duties and have the following responsibilities, namely-

(a) submit to the traffic department a daily performance report online;

(b) comply with applicable safety norms specified under any law for the time being in force in relation to his activity;

(c) indemnify the Board against all third party claims arising out of his operations;

(d) ensure that the casual workers deployed by him are covered by the insurance policy and other benefits under applicable law;

(e) if any gear, plant or any other property of the Board is damaged in the course of stevedoring and shore handling operations, he shall compensate the Board for such loss or damage;

(f) ensure compliance with the terms and conditions of the licence;

(g) achieve the performance standards fixed by the Board from time to time;

(h) shall pay all the dues of the port; including charges for services availed from the registered cargeo handling workers and the interest as specified in the scale of rates.

(i) shall publish the tariff charged by it, which shall not exceed the ceiling rates fixed by tariff authority and upload the same on its website;

(j) ensure publication of its tariff on the website of the Board;

(k) impart training on a periodical basis in modern methods of cargo handling in the Personnel deployed for stevedoring and shore handling activities for improving the productivity, efficiency and safety in handling stevedoring and shore handling activities.

11. Duties of Traffic Manager. - (1) The Traffic Manager shall be responsible for monitoring and ensuring compliance of the terms and condition of the licence issued to the agents and also of the safety norms to be followed by such agents.

(2) In case of any default in the compliance of the terms and conditions of the licence or in following of the safety norms by any agent, the Traffic Manager shall, in the event of first such default, cause a warning to be issued to such agent and in the event of subsequent defaults, submit a report to the Chairman stating details of noncompliance and recommending penal action to be taken against the agent, including cancellation of the licence and forfeiture of security deposit.

12. Deployment of workers of Board, Dock Labour Board, License holder or other source. - The agent shall deploy the workers of the Board in accordance with the law for the time being in force and in case the Board in unable to supply the workers as sought by the agent, the Board may allow the agent to make its own arrangement and in such case, no charges shall be leviable by the Board.

13. Suspension and cancellation of licence. - The Chairman may review the performance of the agents in every three months and in case he deems it necessary, he may, by an order in writing, for reasons to be recorded, suspend or cancel the licence issued by him on any of the following grounds, namely:-

(a) the performance standards has not been achieved for an average period of one year;

(b) has been charging tariff higher than the ceiling rates approved by the tariff authority;

(c) has been handling cargo less than the volume as specified in clause (b) of sub-regulation (3) of regulation 7, consecutively for a period of two years;

(d) has been convicted by the Court for an offence involving moral turpitude;

(e) has contravened safety regulations and failed to comply with the mandatory dock safety measures;

(f) has failed to adopt proper and safe handling methods;

(g) has been guilty of misrepresentation or misstatement of material facts;

(h) has been adjudged insolvent or is in liquidation;

(i) has transferred the licence or sub-contracted with any other person for operating the stevedoring and shore handling activities;

(j) has failed to comply with security rules, instructions or International Ship and Port Facility Security Code;

(k) has failed to submit daily performance report;

(l) has indulged in illegal or corrupt practices;

(m) has been guilty of misconduct which in the opinion of the Board, warrants cancellation or suspension of License:

Provided that no such License shall be cancelled or suspended until the holder of the licence has been given a reasonable opportunity for showing cause why his License should not be cancelled or suspended on such ground.

14. Appeal. - A person who is aggrieved by the order of refusal to issue of licence under regulation 6 by the order of refusal to renew licence under regulation 7 or by the order of suspension or cancellation under regulation 13 may prefer an appeal to the Central Government within thirty days of the receipt of the order appealed against.

15. Refund of security deposit. - The security deposit is liable to be refunded to the agent, after making adjustments of the claims of the Board, if any, in the following circumstances, namely:-

(a) on the expiry of the period of licence and no application has been made for renewal;

(b) on the refusal of the application for renewal of licence;

(c) on cancellation of licence; and

(d) if the agent desires to foreclose the licence issued to him and makes an application in writing to the Chairman for foreclosure and refund of security deposit.

Form -"A"

Cochin Port Trust

Traffic Department

Application Form For The Renewal of Stevedoring and Shore Handling License Under The Cochin Port Trust (Licensing of Stevedoring and Shore Handling) Regulations, 2019.

Sl. No.

Description

Details to be filled by the Applicant

1.

Name of the applicant


2.

Whether the applicant is a company registered under the Companies Act,2013 or a partnership firm or has any other legal entity (documentary proof to be attached)


3.

Address for communication


4.

Applicant's PAN or TIN No.


5.

Contact Number of applicant


6.

Name of the person to be contacted and mobile No.


7.

Email and fax No. of applicant


8.

Period for which license is required


9.

Name(s) of the steamship or company or charterer of ship or owner of cargo, with whom the contract for stevedoring and shore handling of cargo is finalized or is proposed to be entered into (enclose copy of contract). Approximate tonnage for each party is to be indicated.


10.

Previous experience in stevedoring activities and shore handling activities (enclose proof of the cargo and tonnage handled in the previous three years)


11.

Whether the applicant has financial capability to meet any account of payment of compensation under the Employee's Compensation Act, 1923 (enclose solvency certificate for rupees ten lakhs from the banker to show financial capability and Income Tax returns of previous three years)


12.

Whether the applicant possess equipment and gears required for stevedoring activities and shore handling activities (enclose list of equipment and gears with safety certificate)


13.

Whether the applicant has employed or is willing to give an undertaking to employ at least six supervisory personnel possessing minimum two years of experience in cargo handling and stowage required for undertaking the stevedoring activities and shore handling activities (enclose list of employees, their detailed profile including work experience)


14.

Whether the applicant has made payment of application fee as specified in regulation 6 or regulation 7 to the Financial Advisor and Chief Accounts Officer of the Board for issue or renewal of license (enclose proof of payment)


15.

In the event of issue of license, whether the applicant is willing to pay security deposit as specified in regulation 6.


16.

Whether the applicant has cleared all dues in respect of earlier transactions, if any, with the Board (enclose copies of no due certificates from the concerned authorities of the Board)


17.

In case of renewal of license, enclose safety clearance certificate granted by inspector of dock safety. If not, enclose duly executed original indemnity bond as in Form-C.


I/We, affirm that the particulars given above are true to the best of my / our knowledge and belief.

I/We, agree to pay the royalty amount as license fee as specified by the Board, charges payable to the registered cargo handling workers and charges for any other services of the Board availed by me/ us for undertaking stevedoring and shore handling operations at Cochin Port.

I/We, agree to furnish any other information /produce any record for inspection as may be required by the concerned authority for issue/ renewal of license.

I/We, agree to abide by the Cochin Port Trust (Licensing of Stevedoring and Shore Handling) Regulations, 2019 as amended from time to time and to comply with the directions issued by the Board from time to time, if the license is issued or renewed in my / our favor.

I/We hereby declare that, I/We have not been convicted for any offence involving moral turpitude and enclosed the certificate as in Appendix-I.

I/We , hereby undertake that, I /we shall charge the rates for services rendered not exceeding the ceiling rates notified by the tariff authority.

Place:

Date :

Signature of applicant with the office seal.

Form - "B"

License for undertaking Stevedoring and Shore Handling operation at the Port.

1. Name of the Licensee

: ..........................................

2. Address

: ..........................................

3. Period for which the licence is granted from ................ to ............................

4. Any other particulars required to mentioned

.........................................................................................................................

.........................................................................................................................

.........................................................................................................................

.........................................................................................................................

(Official Seal)

For Chairman
Cochin Port Trust

Appendix-I

Declaration

I.............................. the chief executive officer of the ........................................ (name of applicant) hereby that the directors, chief executive officer, partners and proprietors of the firm or management are;

(a) not convicted by the Court for any offence involving moral turpitude;

Or

(b) convicted by the Court for an offence involving moral turpitude, but a period of five years has elapsed from the date of expiry of sentence. (details of the name and designation of the person who has been convicted, nature of offence, date of sentences, period of imprisonment, etc, shall be furnished by the Chief executive officer)

Signature

Seal of the Company

*Strike out option (a) or (b) as the case may be

Conditions

This license is granted subject to the provision of the Major Port Trust Act,1963 (38 of 1963) and the Cochin Port Trust (Licensing of stevedoring and shore handling) Regulation, 2019 as amended from time to time.

Every stevedoring and shore handling agent shall be subject to the duties, obligations and responsibilities imposed under the Cochin Port Trust (Licensing of stevedoring and shore handling) Regulation, 2019 and more specifically the following:

(a) The stevedoring and shore handling agent and all its staff and workers engaged for undertaking stevedoring and shore handling activities and work incidental thereto will insure compliance with the provisions of the Dock Workers (Safety, Health and Welfare) Act,1986 and the Dock Workers (safety, health and Welfare) Regulation,1990 and notifications issued there under, the Industrial Disputes Act, 1947, the Minimum wages Act,1948, payment of Bonus Act,1965, Employees' Provident Funds Act,1952, Employees' State Insurance Act, 1948 and any other law/ statues relating to such operations/ labour /equipment for the time being in force;

(b) The stevedoring and shore handling agent shall deploy necessary equipment as will be specified by the Board and carry out the operations with the gears and equipment owned or hired by them;

(c) The stevedoring and shore handling agent shall comply with all accepted safe practices and norms during operations performed by them;

(d) The stevedoring and shore handling agent shall comply with all accepted safe practices and norms during operations performed by them;

(e) The stevedoring and shore handling agent shall indemnify the Board against all third party claims out of operations performed by them;

(f) Whenever the Board has to pay compensation to any of its employees or workers or his dependents under the provision of the Employee's Compensation Act,1923, in consequence of any accident arising out of and during the course of work performed by a stevedore and shore handling agent or any of its employees and workers, the stevedoring and shore handling agent or any of its employees and workers, the stevedoring and shore handling agent shall reimburse the Board any sum so paid for any such purpose. The quantum of compensation as determined under the workmen's Compensation Act, 1923, shall be taken as binding and conclusive between the Board and the stevedoring and shore handling agent;

(g) If any gear, equipment , plant and other property of the Board is damaged in the course of any such operation, the stevedoring and shore handling agent shall compensate port for such loss or damage, the extent of which shall be decided by the Chairman's or his authorized officer after carrying out a proper enquiry and valuation of the property and extent of damage;

(h) The stevedoring and shore handling agent shall communicate promptly and information relating to the stevedoring and shore handling activities undertaken by them or matters related therewith as and when asked for the authorized representative of the Board.

(i) The stevedoring and shore handling agent shall carry out adequate supervision over the workers employed by him in order to ensure maximum productivity consistent with the requirements of safety

(j) The stevedoring and shore handling agent shall provide all the necessary gears and equipment duly tested and certified by the Competent Authority for handling different types of cargo;

(k) The stevedoring and shore handling agent shall produce the necessary annealing and test certificates for gears and equipment deployed by them for periodic inspection or as and when demanded by the Inspector, Dock Safety or the Traffic Manager;

(l) The stevedoring and shore handling agent shall provide the workers necessary personal protective equipment and safety appliances, appropriate for the type of cargo.

(m) The stevedoring and shore handling agent shall ensure that the workers are available at the worksite throughout the sift period, except during the recess hours and render the normal output and shall take effective steps to improve the performance whenever output falls below the stipulated norms;

(n) The stevedoring and shore handling agent shall make adequate arrangements for ancillary operations such as sweeping, filling stitching, repairing vessel's stenciling, securing and breaking of cargo stacking and stowage of cargo, etc required for cargo operation on board the vessels as well as on shore, as the case may be. These ancillary services shall not be separately charged and shall be inclusive in the stevedoring and shore handling rates notified by tariff authority;

(o) The stevedoring and shore handling agent shall ensure that all dues of the Board are paid within the specified period failing which the license may be liable to be canceled under these regulations. License shall not be considered for renewal if any dues payable to the Board remain outstanding.

(p) Stevedoring and shore handling agents shall remit in advance the royalty to the Board prior to calling of the vessel. (The discounts and deferments, if any, offered by the agent to its principals or amounts if an not collected by such agent for any reason whatsoever in respect of the stevedoring and shore handling services under these regulations, shall not be recognised for the purpose of calculation of dues of the Board on account of royalty)

(q) The stevedoring and shore handling agent shall undertake to pay wages to workers engaged by him from the Board, in accordance with the terms and settlement agreed between the Central Government and the Federations of Port and dock workers from time to time or at the rates fixed by the Board for the purpose;

(r) The stevedoring and shore handling agent shall not assign, transfer or in any manner part with any interest or benefit in or under the license to any other person;

(s) The stevedoring and shore handling agent shall comply with all rules and regulations of the Board and such instructions as may be issued from time to time by the Traffic Manager in the interest of safety, improvement in productivity and labour discipline;

(t) Whenever causal workers are deployed, stevedoring and shore handling agent should ensure that such workers are covered by insurance policy;

(u) The stevedoring and shore handling agent shall achieve the performance standards fixed by the Board;

(v) The stevedoring and shore handling agent shall publish the tariff charged by it and uploaded it on its own websites and ensure publishing on the Board's website. The charges leviable shall not exceed the ceiling rates prescribed by tariff authority.

Acceptance

I/We accept the stevedoring and shore handling license issued to me/us on this day the........................................................................................................ under the terms and conditions stated as above.

Date:

Signature ..........................................

(Official Seal)

Name and Designation .....................

Address ..................................................

Contact No. ..............................................

Witness to the signature

1.

2.

Form-"C"

Indemnity Bond

Format of Indemnity bond for renewal of Stevedoring and Shore Handling License pending submission of Safety Clearance from Dock Safety

To be furnished in the Stamp paper as per Stamp Act

(Submit on Stamp paper of value not less than Rs. 200/-)

This Indemnity Bond executed on this ............. Day of ...................... Two thousand and ........................ by M/s. .......................................... (herein after referred to as the "Indemnifier") which expression shall mean and include their heirs, legal representatives, successors, executors, administrator and assignees in office, in favour of the Board of Trustee, the Cochin Port Trust, Willingdon Island, Cochin-682009 represented by their Traffic Manager (hereinafter referred to as "the Board") which expression shall mean and include their legal representatives, successors and assignees in office;

Whereas, the Indemnifier has requested for renewal of Stevedoring and Shore Handling License in accordance with the Cochin Port Trust (Licensing of Stevedoring and Shore Handling) Regulations, 2019 to carry out the work of stevedoring and shore handling activities at Cochin Port Trust, Willingdon Island,Cochin-682009 beyond the period of three years w.e.f. the date of renewal of licence.

And whereas, the Indemnifier has submitted application for renewal of stevedoring and shore handling license along with application fee, requisite documents and specified security deposit;

Whereas, the Indemnifier fulfill the required conditions and eligible for renewal of licence, but awaiting safety clearance certificate;

Whereas, the Indemnifier has submitted an application for issue of safety clearance certificate to the Asst.Director (Safety), Inspectorate of Dock Safety, Cochin, Willingdon Island, Cochin-682009 vide their application No....................................................dated ..................................

Whereas the Indemnifier has executed this Indemnity Bond for renewal of the stevedoring and shore handling license till such time of receiving the safety clearance certificate.

Whereas, the Indemnifier more fully understand the duties and responsibilities as provided in regulation 10 of, and the terms and conditions specified in , the Cochin Port Trust (Licensing of Stevedoring and Shore Handling) Regulations, 2019 and willing to abide by such duties, responsibilities and conditions;

Now therefore, the indemnifier executes this Indemnity Bond for guarantee to protect the interest of the Board against any legal, financial, statutory or third party claim enforced against port through order or direction of any executive, judicial, qausi judicial authority for the reasons of violation of extant safety norms of Inspectorate of Dock Safety and not obtaining safety clearance by indemnifier. The indemnifier shall reimburse to Cochin Port Trust the entire amount towards any compensation, claim and damage cost which may be caused by it to any person and /or property of the port and to make good port's claim in respect of any and all damages so caused by it or its personnel or equipment or gears to any port property and / or in respect of his obligations emanated from the license already referred.

This Indemnity Bond shall remain valid and be enforceable till the date of submitting the valid safety clearance certificate issued by the competent authority.

In Witness Whereof the Indemnifier has hereto signed, sealed and delivered these parents on the day, month and year first above written

For and on behalf of

In the presence of witness:

(1)

(2)

Secretary
Cochin Port Trust

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