SCHEDULE

THE VISAKHAPATNAM PORT TRUST (LICENSING OF STEVEDORING & SHORE

HANDLING AND ALLIED MATTERS) REGULATIONS, 2017

DRAFT NOTIFICATION

1. Short Title - These Regulations may be called “The Visakhapatnam Port Trust

(Licensing of Stevedoring & Shore Handling and allied matters) Regulations. 2017”.

2. They shall come into force with effect from the date of final publication in the

Gazette.

“Act”

means the Major Port Trusts Act, 1963.

“Board”

means the (Major) Board of Trustees of the Port of

Visakhapatnam as constituted under the Act.

“Chairman”

means Chairman of the “Board”.

“Form”

means form designed by the Port.

“Port”

means Visakhapatnam Port.

“Port Trust”

means Visakhapatnam Port Trust.

[ 1 ]

GENERAL ADMINISTRATION DEPARTMENT

VISAKHAPATNAM PORT TRUST

Registered No. HSE-49/2016

W.No.27

AMARAVATI, THURSDAY , JULY 5, 2018

G.222

PART II - MISCELLANEOUS NOTIFICATIOSN OF INTEREST TO THE PUBLIC

--x--

NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,

“Stevedore”

is an authorized agent for loading and unloading and

stowage of cargo in any form on board the vessels in

Ports and to whom the license has been given under

Regulations 5.

“Shore Handling Agent”

is an authorized agent for arranging and

receiving the cargo to/from the hook point, intermodal

transport from wharf to stock yard and vice-versa

and also receiving and delivering of cargo from/to

wagons/trucks.

“Traffic Manager” means the Officer of the Visakhapatnam Port Trust

for the time being in charge of the Traffic Department

and includes the Deputies and Assistants to the Traffic

Manager and any other Officers acting under the

authority of the Traffic Manager.

“Stevedoring and Shore Handling” Stevedoring includes loading

and unoading and stowage of cargo in any form

on board the vessels in Ports and Shore

Handling

includes

arranging

and

receiving

the cargo to/from the hook point, inter modal

transport from wharf to stackyard and vice-

versa and also receiving and delivering of cargo

from/to wagons/trucks.

SCOPE.

The policy shall cover the following activities:-

(i)

Stevedoring activities undertaken by the Port and / or licensed Stevedore

in a Major Port.

(ii)

Shore handling activities undertaken by the Port and / or licensed

Shore Handling Agent or by agents under any other name.

The Stevedoring and Shore handling to cover the activities on board and

on shore respectively. Combined Stevedoring and Shore Handling licenses will be

handled by the Port and any exceptions would need to be approved by the

Board or equivalent authority basing on credible justification for it.

No Agency shall undertake to perform these activities in the Port unless

and until they are issued a valid license by the Port for the purpose.

The Stevedoring and Shore Handling policy does not apply to port

operated Stevedoring & Shore handling; this exemption is only for operations

entirely carried out by the port and not for operations carried out by agents partly

or fully using port’s labour. Stevedoring policy also does not apply to PPP & BOT

berth operations.

ANDHRA PRADESH GAZETTE, July 5, 2018

Stevedoring and Shore Handling Charges

(i)

TAMP shall notify the normative tariff for Stevedoring and Shore Handling

activities, separately for mechanized and manual operations for the Major

Ports based on a set of Guidelines to be issued to TAMP. This tariff shall be

ceiling tariff. In case of any change in Role for TAMP in future. Board of

the Ports will fix and notify the Rates as per the performance norms policy

issued by VPT from time to time.

(ii)

All port customers will be notified on the ceiling tariffs set for Stevedoring and

Shore Handling activities. The tariff will be mandatorily displayed on the Port

website.

(iii)

The port will appoint a nodal officer responsible for monitoring of Stevedoring

and Shore Handling tariffs. The officer will be responsible for handling all

complaints on violation of Stevedoring and Shore Handling ceiling tariff.

(iv)

The Port Trust should be liberal in issuing licenses to Stevedoring and Shore

Handling agents. All eligible agents would be issued licences for Stevedoring

and Shore Handling operations. As competition increases, the cost of

transaction to the trade and the quality of services will also improve.

(v)

The Port Trust shall charge a royalty as the licence fee for the Stevedoring

and Shore- handling licences. The Port Trust shall fix a per Metric Tonne

royalty rate from all agents. No discrimination will be made among the

Stevedoring and Shore- handling agents on the royalty licence fee.

License for Stevedores & Shore Handling Agents

The Port shall host the Stevedoring and Shore Handling regulations in their

web site and any eligible firm which fulfils the eligibility criteria can apply for license

at any time online along with requisite documents. The stevedoring and shore

handling licenses shall be issued by the port, in case the firm fulfils the following

criteria:

(i)

It shall be a Company registered under the Companies Act or a

partnership firm or any other legal entity.

(ii)

It shall deposit security amount of at least Rs. 5 lakhs to meet any

contingency which shall be refunded without interest after adjusting the claims,

if any, when the licensee ceases to operate.

(iii)

The Stevedoring and Shore Handling agent shall undertake

to provide equipment/gear required for both the operations as specified by the

Port Trust Board.

(iv)

The Stevedoring and Shore Handling agents shall undertake to

employ at least 6 supervisory personnel with minimum two years of cargo handling/

stowage experience for undertaking both the functions. Their profiles have to be

enclosed along with the application.

ANDHRA PRADESH GAZETTE, July 5, 2018

(v) The fee for issue of license shall be on payment of a minimum application

fee of Rs. 50,000, which may be revised from time to time by the Port

Trust Board.

6. Migration to the new Stevedoring and Shore - handling scheme

The existing Stevedoring Agents will have to switch over to the new

Stevedoring and shore handling scheme from that date and charge the ceiling

tariff fixed. If they do not switch over to the new scheme, the license shall be

terminated by the Port Trust by giving due notice as envisaged under the

existing Regulations.

All existing contracts applicable to Stevedoring and Shore handling

operations would be allowed exemption till the date of expiry of the contract or till the date

of charge the ceiling tariff is revised whichever date is earlier.

7. Validity I Renewal of licence

(i)

The application for Grant / Renewal of Stevedoring & Shore Handling license shall

be made in the “Form-A” which may be prescribed by the Port and shall be valid for

a period of 3 years from the date of issuance of License.

(ii)

Every license granted or renewed under these Regulations shall be in the

“Form B” which may be prescribed by the Port.

(iii)

No application for renewal of license received after the date of expiry of the

license will be considered.

(iv)

In the event of loss or defacing of the original license, a duplicate license

may be obtained on an application made to the Traffic Manager on

payment of Rs.100/-.

(v)

The license will be valid for a period of three years from the date of issuance

of licence.

(vi)

The daily performance report capturing productivity achieved by the

Stevedoring agent in the prescribed format shall be submitted by the

Stevedoring & Shore Handling agent to the Traffic Department online. The

Chairman of the Port Trust will review the performance of Stevedoring &

Shore Handling agent every month.

(vii)

Compliance of terms and conditions of the licence issued to the agents,

safety norms followed by the agents will be monitored by Traffic Manager

and a report to be submitted to the Chairman.

ANDHRA PRADESH GAZETTE, July 5, 2018

(viii)

lf the Traffic Manager finds any default on the part of Stevedoring & Shore

Handling agent, he shall cause to issue warning in the event of first default

and in the event of second default, the license of the Stevedoring & Shore

Handling agent shall be liable to be cancelled, apart from levying penalties.

(ix)

At the end of three years, the license shall be renewed strictly on the basis of

above mentioned performance reports.

(x)

Application as per the prescribed proforma of the port for renewal of

Stevedoring & Shore Handling license shall be made at least three months

before the expiry of the license.

(xi)

If the Stevedore & Shore Handling agent fulfils the required conditions and is

eligible for renewal but awaiting safety clearance before expiry of the license

period, Port may permit the Stevedoring operation by executing an Indemnity

bond.

8. Duties & Responsibilities

The Port may prescribe duties, responsibilities and performance parameters

of Stevedores & Shore Handling agents to ensure the safe and efficient handling

as per their Stevedoring & Shore Handling Licensing Rules, keeping in view the

following basic criteria:

(i)

Stevedore & Shore Handling agents shall comply with applicable safety

norms in relation to such operations and with the applicable statutes

regarding labour.

(ii)

Stevedore & Shore Handling agent shall indemnify the Board against all third

party claims arising out of such operations.

(iii)

Whenever casual workers are deployed, the Stevedore & Shore Handling

agents should ensure that such workers are covered by the insurance policy.

(iv)

If any gear, plant or any other property of the Port is damaged in the

course of stevedoring and shore handling operation the Stevedore and

Shore Handling agent shall compensate the Port for such loss or damage.

(v)

Stevedore & Shore Handling agent shall deploy necessary equipment as

indicated by the Port in the license.

(vi)

Stevedore & Shore Handling agent shall achieve the performance norms

fixed by the Port’s Berthing Policy.

ANDHRA PRADESH GAZETTE, July 5, 2018

(vii)

The Stevedore & Shore Handling agencies shall publish their tariff along

with break up in their web sites and in the website of the Port.

Cancellation / Suspension of license

The port may at any time suspend or cancel the license issued to a

Stevedore & Shore Handling agent for violation of any of the terms of license

or for any reasons listed below:

(i) The firm does not achieve the performance norms issued by the Port Authority

for an average over a period of 3 months.

(ii) The firm is found to be charging higher than the ceiling tariff defined for

Stevedore & Shore Handling activities in the Port.

(iii) The CEO of the Stevedoring and Shore Handling firm has been convicted

by the Court of any offence involving moral turpitude and sentenced in

respect, thereof, to imprisonment for not less than six months, and a period

of five years has not elapsed from the date of expiry of the sentence.

(iv) Violation of safety regulations and mandatory Dock Safety measures.

(v) Adopting improper and unsafe handling methods.

(vi) Misrepresentation or misstatement of material facts.

(vii) Firm adjudged insolvent or going into liquidations.

(viii) Transfer of the stevedoring and shore handling operations or sublet of the

license to any other individual or parties.

(ix) Violation of security related rules & instructions like ISPS code compliance etc.,

(x) Any misconduct which in the opinion of the Board warrant such cancellation

or suspension.

(xi)

Indulging in illegal/corrupt practices.

B) Provided that no such license shall be cancelled or suspended as the case

may be until the holder of the license has been given a reasonable opportunity for

showing cause why his license should not be cancelled or suspended as the case

may be.

ANDHRA PRADESH GAZETTE, July 5, 2018

10. Appeal

Any person aggrieved by any order relating to cancellation/suspension/

refusal to issue licenses, may prefer an appeal in writing to the Chairman of the

concerned port or any other higher authority, as the case may be, within 30 days

of the communication of the order appealed against.

11. Development of Workers

Existing practice of deploying Port labour by Stevedore and Shore Handling

agents may continue. In case the Port is unable to supply the requisite workers

against the requisition placed by Stevedore and Shore Handling agent, the

Port may allow the Stevedore and the Shore Handling agent to make their own

arrangement for this purpose. No notional booking or levying of changes should be

made and agents shall not be levied any charges for labour, in case the Port Trust

does not supply the labour.

12. Performance Criteria

Productivity norms for the Stevedore and Shore handling agents shall be

calculated on the basis of Performance norms & Berthing policy. Performance

based penalty & incentives shall be enforced in accordance with the Performance

norms & Berthing policy, VPT Board has the authority to reassess the penalty

bands and / or incentive bands in the frequency as prescribed in the Performance

norms & Berthing policy issued by VPT from time to time.

Daily performance Report in the prescribed format shall be submitted

by the Stevedoring & Shore Handling agent to the Traffic Department online.

Performance of the agent in terms of productivity achieved will be reviewed by

the Port Chairman every month. The monthly performance summary capturing

productivity achieved by the respective agents will be published on the Port

website to ensure transparency to the customers.

Licenses of agents failing to meet productivity norms for an average over a

period of 3 months can be revoked by the Port Authority.

13.

Training, use of Modern Technology

The personnel deployed in Stevedoring & Shore Handling activities shall be

trained in modern methods of cargo handling for improving the productivity, efficiency

and safety.

ANDHRA PRADESH GAZETTE, July 5, 2018

C. HARI CHANDRAN,

Secretary.

FORM - A

The Traffic Manager,

Visakhapatnam Port Trust,

VISAKHAPATNAM.

APPLICATION FORM FOR THE GRANT / RENEWAL OF STEVEDORING & SHORE

HANDLING LICENCE

Name of the Applicant

Whether individual/firm or Company (Article

of partnership deed/company to be

produced).

Full Address

Year(s) for which licence is required.

Name(s) of the Steamship Company/

Charterer of Ships/Owner of Cargo with

whom the contract for Stevedoring their

Vessel/Cargo subsists or is proposed to be

entered (proof of contract for the period

covered is to be appended and the

approximate tonnage for each party is to

be indicated).

Previous experience in the case of renewal

of licence is to be furnished. (The Cargo

and tonnage stevedored in the previous 3

years is to furnished).

Amount of financial ability to meet

obligations on account of wages,

compensation

under

Workmen’s

Compensation Act 1923 etc. (A Certificate

from the Bankers as to the financial ability

and Income Tax Clearance Certificate is to

be produced).

Whether the applicant is willing to acquire

adequate gear for stevedoring the

contracted Vessel, Cargo. (List of gear with

necessary Certificate is to be furnished).

ANDHRA PRADESH GAZETTE, July 5, 2018

Whether the applicant has/is willing to have

in this employment adequate staff with

experience and conversance with Rules/

Regulations (A list of the staff and their

experience is to be furnished).

Whether the applicant has cleared all the

dues, if any, on account of transactions he

had with the Visakhapatnam Port Trust and

Dock Labour Board/ Visakhapatnam

Stevedores Association. (Proof of

Clearance Certificate is to be produced).

Whether the Licence fee, the Earnest

Money Deposit, a Deposit of Rs. 5.00 Lakh

cash (Receipt for the payment is to be

attached). (The Licence Fee and the

Deposit will be refunded if the licence is

not issued/ removed).

A self-certification from CEO that ‘the firm/

management/directors are not convicted by

the court of any offence involving moral

turpitude and sentenced in respect thereof

to imprisonment for not less than six

months, and a period of five years has not

been elapsed from the date of expiry of the

sentence

I affirm that the particulars given are true to the best of my knowledge

and belief.

I agree to furnish any other information/produce any record for inspection

as may be required to consider the request for grant of licence.

I agree to abide by the Visakhapatnam Port Trust (Licensing of Stevedoring &

Shore Handling and allied matters) Regulations, 2017 and to comply with the

directions made by the Visakhapatnam Port Trust, from time to time, if the

license is issued/renewed.

SIGNATURE OF THE APPLICANT.

VISAKHAPATNAM,

DATE: