Cochin Port Trust (Licensing of Jetties, Piers and Slipways) Regulations, 2021
Published vide Notification No. G.S.R. 591(E), dated 25.08.2021
Last Updated 28th August, 2021 [act3937]
Schedule
In exercise of the powers conferred by Section 123 of the Major Port Trusts Act, 1963 (38 of 1963), in supersession of the Cochin Port Trust (Licensing of Jetties, Slipway and Boat pen) Regulations, 1968, except as respects things done or omitted to be done before such supersession, the Board of Trustees of the Cochin Port Trust hereby makes the following regulations, namely:- 1. Short title, application and commencement. - (1) These regulations may be called the Cochin Port Trust (Licensing of Jetties, Piers and Slipways) Regulations, 2021. (2) They shall apply to all jetties, slipway and boat-pen within the Port limits. (3) They shall come into force on the date of publication 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. "Deputy Conservator" means the Deputy Conservator of the Port of Cochin;
c. "fees" means licence fees and inspection fees specified under regulation 3;
d. "licence" means a jetties, piers and slipways licence issued under this regulation;
e. 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. License and Inspection fees. - The fees shall be applicable as per the Scale of rates as prescribed by section 48 & 49 of the Act. 4. Application for licence. - The licence fee shall be payable in advance to the Financial Adviser and Chief Accounts Officer, Cochin Port Trust and the receipt for the same shall be produced to the Deputy Conservator along with the application for the licence, containing following, namely :-(a) the owner's name and address;
(b) situation, survey number and other description etc;
(c) any other relevant information.
5. Period of Construction of Jetties, Piers, Slipways. - The construction of jetty or pier shall be completed within six months from the date of issue of licence to the satisfaction of the Deputy Conservator. 6. Maintenance of Jetties, Piers, Slipways. - The jetty, pier, boat shed or slipways, as the case may be, shall be maintained by the licensee in good and substantial repairs to the satisfaction of Deputy Conservator, and it shall not be extended or altered in any way without the previous sanction of the Chairman and the licensee shall be responsible for the safety of all its users. 7. Removal of Jetties, Piers, Slipways. - When so required by the Deputy Conservator, the licensee shall remove the jetty, slipway and piers as the case may be, at his own cost and without any compensation whatsoever, within three months after receiving notice in writing and shall not erect any other structure on any part of such foreshore without previous sanction from the Chairman. 8. Cancellation of licence and taking control of jetties, slipways by the Board. - (1) In the event of delay or default in such erection and completion or any breach of any of the conditions of this regulation the Cochin Port Trust may cancel the licence and assume control of or otherwise dispose of all or any part of the jetty, slipways or piers, as the case may be, or remove and dispose of any other structures or other improvements affected on the said site that may have been constructed as well as the site thereof by issue of 30 days notice, at the expense of the person concerned and the licensee shall have no right in the land in consequence of erection made thereon. (2) It shall be open to the Deputy Conservator to appropriate or set off the cost of removal or other damage the Board may sustain due to the licencee's default out of the sale proceeds of the things removed or disposed of in the manner herein before provided and the licence granted, unless otherwise cancelled, shall remain in force for a period of one year. 9. Avoidance of obstruction to navigation. - The licensee shall not encroach into the water front beyond the perpendicular length of twenty meters in the Mattancherry Channel and five meters in all other areas. Any relaxation to the specified limits should have the concurrence of the Deputy Conservator on case by case basis after obtaining approval of Chairman. In any case the licensee shall not at any time cause any obstruction to the normal flow of the water traffic and navigation. 10. Security of the Jetty. - (1) The licensee shall be responsible for the security of the jetty and shall maintain a log book which shall show the register number of boats, the name and identity of all the crew of various boats tied up at the jetty. (2) The log book shall be produced for inspection upon demand by Port or any Authority authorized by the Government. (3) The licensee shall keep a tab on all users of the jetty and shall be liable to report any strangers, including foreigners, to the nearest Police Station. 11. Environmental protection. - The licensee shall be responsible for the environmental protection and ensure that there shall not be any discharge of oily wastes from any boats tied up alongside the jetty or pier or slipway. 12. Fish landing. - Fish landing shall not be permitted at the jetties, authorised fish landing centres shall only be used by the jetty users.