TARIFF AUTHORITY FOR MAJOR PORTS

NOTIFICATION

New Delhi, the 27th December, 2001

Art i o f i ^ ^ J S S ³f T ' ^ r

1 "

eXerCiSe rf ^poweis conferredby Sections 48 and 49 of the Major Port Trusts

of additional berth hire charges for offering the proposed fixed window service for container vessels as in the Order

SCHEDULE

Cas3 iMJ.TASVIF/33/20ai-CUPT

The Cochin Port Trust (COPT)

Applicant

RL D

(Passed on this 13th day of December 2001)

This case relates to a proposal received from the Cochin Port Trust (COPT) for

introduction of fixed window service for container vessels and levy of additional berth hire charges for

offering such service.

In its proposal, the COPT has detailed a scheme of providing fixed berthing window to

container vessels which call at three or more ports other than Cochin during their single voyage. Under

this proposed scheme only one berth out of the two container berths will be allotted for vessels opting

for berthing window and allotment of the second berth will be exclusively on first-cum-first serve basis.

The COPT has also proposed that the Lines opting for window service will require to pay an additional

berth hire charges equivalent to one day's berth hire or 75% of the total berth hire charges for the

vessel's stay at the port whichever is higher. If two or more Lines opt for the same berthing window

then allotment will be to that Line which will quote higher premium over and above the-additional berth

hire,

3.1.

The proposal of the COPT was registered as a case and processed following the

consultation procedure prescribed. A joint hearing in this case was also held on 12 September 2001 at

the COPT premises.

3.2.

At the joint hearing, the users objected to the scheme primarily on the ground that it

was only for assured berthing and did not provide any counter assurance from the COPT side on

performance. The users also cited the example of the JNPT and NSICT where no additional charge

was being levied for reserving berthing window. Pointing out that the COPT was predominantly a

feeder vessei port, the users also requested not to distinguish between feeder and mutli-port vessels

and allow al! vessels to participate in the proposed scheme.

3.3.

The COPT announced thai it would reformuiat-5 Me proposal after further consultations

with ins Lines and after stuc;yj;i^ rhs sot vp al ttk* CHPT and the jfsiPT. it also assured that it would try

to avoid levying extra charges and introduce- neutssfsay pr:;vi->:V.i'S^?or assured levels of performance

and penalty for nori / under performance. Accordingly, it was decided that the revised proposal (to be)

received from the COPT would be taken up for final consideration.

4.1.

Subsequently, the COPT on 29 September 2001 intimated that its discussion with the

Cochin Steamer Agents' Association did not yield any unanimous conclusion on the issue. It assured

that it would hold another round of discussion with the users and the final outcome would be intimated

to the Authority within a fortnight.

4.2.

Four reminders have been issued to the COPT since then; yet no response has been

received so far.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART in—SEC. 4]

Since the proposal of the COPT has been registered as a tariff case, it is not desirable

to keep it pending indefinitely. At the same time, It serves no purpose to order a tariff arrangement

based on the original proposal of the COPT when the Port itself wants to re-cast its proposal.

In the light of the position explained above, and based on a collective application of

mind, this Authority decides to close the case as withdrawn. If a revised proposal Is received from the

COPT, it will be considered afresh then.

S. SATHYAM, Chairman

rADVTIIWV/143/2001/Exty.J

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