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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 92] NEW DELHI, FRIDAY, MARCH 12, 1976/PHALGUNA 22, 1897

Separate paging to given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF SHIPPING AND TRANSPORT

(Transport Wing)

NOTIFICATION

(PORTS)

New Delhi, the 12th March 1976

G.S.R. 122(E).—In exercise of the powers conferred by sub-section (1) of section 35 of the Indian Ports Act, 1908 (15 of 1908), the Central Government hereby directs that with immediate effect, the fees as specified in the Schedule annexed hereto shall be levied for services rendered to vessels at the Port of New Mangalore.

THE SCHEDULE

1. Mooring and unmooring fees.—(1) The mooring and unmooring fees at the Port of New Mangalore shall be levied at the following rates, namely:—

(a) On all vessels of 500 tons or more . . . Rs. 500.00 per vessel for each

entry.

(b) On vessels of less than 500 tons , . . Rs. 250.00 per vessel for each

entry.

(2) The fees specified above shall be inclusive of the services of the port staff for the operation of mooring unmooring land the use of one or more of the port's small crafts for carrying shore lines as may be necessary.

NOTE.—A surcharge of 57.5 per cent on the rates specified above shall be payable in addition, by foreign vessels.

(627)

2. Berth hire charges Hire charges for the occupation of berths at the Port of New Mangalore shall be levied at the following rates, namely:—

I. A, Steamers {other than Oil Tankers):

(i) Occupying a berth alongside—

(a) Vessels of less than 300 feet in length (91-44 Rs. 300.00 per vessel pet day of metres).

part of a day.

(b) Vessels of 300 feet and above, but less than 450 Rs. 600.00 per vessel per day feet (137.16 metres). or part of a day.

(c) Vessels of 450 feet and above, but less than 550 Rs. 900.00 per vessel per day or feet (167.64 metres).

part of a day.

(d) Vessels of 550 feet and above, but less than 650 Rs. 1,750-00 per vessel per day feet (198.12 metres). or port of a day.

(e) Vessels of 650 feet and above. . . . Rs. 3,000-00 per vessel per day

or part of a day.

going vessels.

(ii) Anchoring with their own dear anywhere in the dred- Rs. 20-00 per vessel per day or g;d area and deep water channels navigated by ;>ea- part of a day, subject to a minimum of Rs. 50/- per vessel.

B. Oil Tankers:

Berth hire charges at 150 per cent of the rates specified above shall be levied.

NOTE.—The length of the vessel means 'length overall'.

II. Sailing Vessels (Vessels other than Steamers and Oil Tankers):

(0 Occupying a berth alongside . . . . Rs. 100-00 p:r vessel per day

or part of a day.

(ii) Anchoring with tfwir own g-ax anywhere in th" Rs. T5-oop:r vessel perdayor dredg'd area and deep water channels navigated by part of a dav, subject to a sen-^iirg vessels. minimum, of Rs. 50-00 per

vessel.

NOTE.—A surcharge of 57-£ p-r cent on th¹; rafes specified above shall be p^yabk in addition, by foreign vessels.

Explanations:

(1) A day shall be reckoned as twenty-four hours from the. time of mooring of a vessel in a berth or when its anchoring is completed, whichever is later.

(2) A vessel which owing to an impending cyclone, elects to stay in the Port after being duly warned by the Port authorities, shall be charged at half the specified rates for the period covered by warning and commencing fn the case of a vessel which has not completed its loading or unloading at the time of warning, from the day after the loading or unloading has been completed.

(3) If a vessel cannot leave her berth owing to a Pilot or a tug not being 'available for unberthing her, or because the port authorities arc unable for any other reason, to unberth her, then the time for which she occupies the berth on that account shall not be taken into account for calculating berth hiro charges.

(4) The vessel for whose convenience an adjacent berth is kept vacant due to the nature of cargo to be handled at that particular berth shall be charged at double the rate specified above.

(5) Penal charges for unauthorised occupation of berths.—Without prejudice to any Other course of action in accordance with the relevant provisions of law, rules and regu- lations berth hire charges for the unauthorised occupation of a berth in the Port shall be levied at the following rate, after giving R hours advance intimation or notice in writing to the Agents/or owners of the vessels concerned, namely:—

(i) First day or pirt thereof . . .. At th-ee tlrr-rs th; rate of berth w ' F

hire charges for authorised occupition.

(U) For secom.', day . . . . .. At four times the rate of berth

hire charges for authorised occupation.

(iii) l"ir third day At five tirr.es the rate of berth hire charges for authorised occupation.

(iv) For fourrh day and so on for subsequent days . At six times the rate of berth

hire charges and so on.

3. Shifting charges.—(1) Fees for shifting and re-mooring of a vessel from any berth within the Port shall be levied at the following rates, namely:—•

(a) foi shifting vessel to another berth . . . (i) Rs. 400-00 per vessel up to

2999 tons;

(ii) Rs. goo-00 ,per vessel of 3000 tons and above, but below 5000 tonsj

(iii) Rs. 1,200-00 per vessel of 5000 tons and above, but below 10000 tons.

(iv) Rs. 1,500-00 pti vessel of

10000 tons and above,

(b) for re-mooring a vessel in the same berth . Rs. ioo-oo per vessel.

(2) Double the rates specified above shall be levied if the work is performed during the hours between 6 P.M. and 6 A.M. or during Sundays or other closed holidays of the Port. The said rates shall bo exclusive of hire charges of tugs, and mooring and unmoor- ing fees, which are leviable extra.

NOTL.—(1) When a moored vessel is¹ shifted for the convenience of the Port, no shift- ing or re-mooring fees or tugs hire charges shall be charged. When a moored vessel ii shifted and re-moored for its convenience or for the convenience of another vessel, the vessel for whose convenience fne shifting takes place shall pay all the charges due.

(2) These charges shall be in addition to berth hire charges specified in this Schedule for berth hire.

4. Charges for supply of water.—(1) Charges for the supply of fresh water to vesseli in the Port of New Mangalore shall be levied at the rate of Rs. 30.00 (Rupees thirty only) per 1000 litres for supply through water barges and Rs. 15.00 per 1000 litres for supply at alongside berth, subject to a minimum of:—

(a) Rs. 50.00 per vessel in respect of country craft and vessels registered at the Port of New Mangaloro under the law;

(b) Rs. 325.00 in all other cases.

(2) For water supplied between the hours of 6 P.M. and 6 A.M. on working days and on Sundays or other closed holidays of the Port^ an extra charge of 20 per cent on the rates specified above shall be levied.

NOTE.—A surcharge of 57.5 per cent on the rates specified above shall be- payable in addition, by foreign vessels.

Si. Night and holiday charges.—(1) Applications shall be made in writing to the Traffic Manager of the Port of New Mangalore not later than 12 Noon on any day for work between the hours of 6 P.M. on that day and 6 A.M. on the following day. Appli- cations for work on a Sunday or other dosed holidays of the Port shall bo made in writing to the same officer not later than 12 Noon of the working day immediately preced- ing the Sunday or the closed holiday of the Port.

(2) Charges as under shall be levied on vessels which take in or discharge cargo between the hours of 6 P.M. and 6 A.M. on working days or on Sundayi or on other closed holidays of the Port, (a) Foreign Vessefo:

(i) Steamers Rs. ioo-oo per vessel for the first 4 hours and Rs. 20-00 p?r hour or parr of m hour for the period subsequent to the first 4 hours.

(ii) Ships . . .. Rs. 6o-oo per vessel for the first 4 hours and E,s, 12-00

per hour or part of an hour for the period subsequent to the first 4 hours.

(b) Coasting vessels:

(i) Steamers . . .. Rs, 6o-oo p:r vessel for the first 4 hours and Rs. 12-00

p:r hour or pirt of an hour for the p:rlod subsequent to the first 4 hours.

(ii) Ships . . .. Rs, 40-00 p:r vessel for the first 4 hours and Rs. 8- 00

p:r hour or port of an hour for die period subsequent to the first 4 hours.

(3) The charges mentioned above shall bo levied from thfl time mentioned in the application whether the vessel starts working at the time or not.

(4) If any interruption, takes place in loading or unloading due to any breakdown of the loading machinery of the Port, or of the cranes and derricks hired by the vessel from the Port, then the period of interruption shall be excluded in calculating the Night and Holiday charges.

(5) Vessels which bunker during the hours and days mentioned in sub-clause (1) shall pay a flat rate of Rs. 40.00 per vessel.

6. Overtime fees for employees of flie Fort—Fees for the services of the employees of the Port performed during the holidays and out of office hours during the working days (hereinafter referred to as overtime work) shall be charged at the rates given below:—

F;es dmgmble for work performed Category of employees

Between 6 P.M. and

Between 6 A.M. and

6 P.M.

6 A.M.

2

1

3

Us. 366/- p:r mensem

Employees drawing a rjay of more than Rs. 10/- p-r hour or part Rs. 10/- p:r hour or thereof, subject to a part thereof, subject to minimum of Rs. 20/-. a minimum of Rs. 30/-.

Employees drawing a Jiiy of Rs. 281/-or Rs. 7-5Op::r hour or pirt Rs. 7-50 p_rr hour, or more, but not exceeding Rs. 366/- p-r thereof, subject to a pirt thereof, subj:ct to a mensem. minimum of Rs. 15,00. minimum of Rs. 23 • 00.

Employees drawing a piy of Rs. i

p:r mensem.

Employees drawing a tfay below Rs. 130/- Rs. 4-50 p-rhour or pirt Rs. 4-50 p:r hour or part thereof, subject to a thereof, subject to a minimum of Rs. 9-00. 1 minimum of Rs. 14-00.

NOTE: (a) In addition to the above a surcharge of 50 per cent on the rates specified above shall be levied.

(b) Requisition for overtime work shall be submitted to the departments of the Port concerned before 4 P.M. on the previous working day. If the requisi- tions do not reach in time, overtime work may be arranged only if practicable.

(c) The fees chargeable for overtime work shall be paid by the parties applying for such work, whether the services requisitioned are availed of or not

7. Fees for diving work.—The following fees shall be levied for tho diving work undertaken by the Port's Divers:—-

(a) For recovery of goods—

(1) Inside the Port on working days between 6 A.M. Rs. 50/- tfer hour or part thereof, and 6 P.M.

(ii) Outside the Port on workirg days between 6 A.M. Rs, 75/- per hour or part thereof, and 6 P.M.

(iii) Whether inside Or outside the Port on Sundays Rs. 150/-per hour 01 pert thtitcf.

or closed holidays of the Port or from 6 P.M. to 6 A.M. on other days.

NOTE.—Charges as above shall be levied whether the goods BTe recovered or not.

(b) For examining the bottoms of Vessels

(On working days from 6 A.M. to 6 P.M.)—

(i) Vessels drawirg urder 12 feet . . .. Rs. 36/-per hour or part thereof. (ii) Vessels drawing 12 feet and under 18 feet . Rs. 45/- pei hour or part thereof, (iii) Vessels drawirg 18 feet and urdei 22 feet . Rs. 60/-per hour or part thereof, (iv) Vessels drawirg 22 feet and above . . . Rs. 75/-per houi or part thereof.

NOTE.—Tho above fees shall be doubled if the work is to be done on Sundays or closed holidays of the Port or between 6 P.M. and 6 A.M. on other days;

Explanations:

(a) The above fees shall be doubled if bottoms of vessels are required to be exa^

mined in roads or outside the Port limits.

(b) In addition to the fees mentioned above, special fees at the rate of Rs. 10 per hour or part thereof for the Diver, Rs. 5 per hour or part thereof for the Lineman, and Rs. 3 per hour or part thereof for the Boatman shall be recovered if they arc required to work in roads or outsido the Port limits.

(c) The Divers, the Linemen and Boatmen shall also be entitled to receive over- time allowance for working outside their normal hours of duty at the rate admissible for overtime fees for employees of the Port specified in this Schedule.

(d) Requests for the services of the Diver outside the Port limits may be enter- tained by the Deputy Conservator only if Vie is satisfied that the condition of the weather 'and of the sea are such as to render diving work, being undertaken without danger.

(e) If the Deputy Conservator is of opinion that the attendance of a tug is necessary to ensure safe conduct of diving being undertaken, he may detail a tug for this purpose in which case t'ne hire charges specified for the Port's tug shall be payable in 'addition to the fees for diving work.

(f) The party requiring the services shall indemnify the Port against any loss, damage or liabilities under Workmen's Compensation Act, 1923 (8 of 15*23) or any other law in force in respect of the operations undertaken.

8. Hire charges for the use of tho Port Lannctaes.—Hire charges for the use of Port Launches shall be levied at the following rates, namely:—•

(i) Survey Launch: Rs., 180 per hour or part thereof. (M.L. Kulur).

(ii) Inspection Launch: Rs. 110 per hour or part thereof. (M.L. Panambur). NOTE (a) An extra charge of 50 per cent shall be levied for working on Sundays or closed holidays of the Port and between the hours of 6 P.M. and 6 A.M. on other days.

(b) The Port authorities shall not be responsible to the hirer or any other person for 'any loss or damage or inquiry to life arising directly or indirectly from the use of the launches during the period of hire. The hirer shall indemnify the Port authorities against all loss or damage or injury to life arising directly or indirectly from the use of launches during the period of hire to any pro- perty belonging to the Port, including the launches or to any other person or property. The liability of the hirer shall not be effected by the fact that such loss or damUge or injury to life may have arisen due to any act or default of any employee of the Port. The hirer shall also indemnify the Port

authorities all liabilities under the Workmen's Compensation Act, 1923 (8 of 1923).

(c) "Period of hire" means the period commencing from the time the launch leaves her mooring or previous duty whichever is later, to the time she returns to her mooring or attends subsequent duty whichever is earlier,

(d) If the services of the launches are made available not continuously but at different times to suit the convenience of the Port, charges shall be calculated by totalling up the broken periods of work and treating t'nem as one con- tinuous period upto the time the launches finally return to their mooring or attend to subsequent duty.

9. Hire charges for Carfto Handling Equipment—(1) The hire charges 'as specified below shall be levied for the supply and use of craacs and Fork Lift Trucks.

Hire charges Cranes or Fork Lift Trucks

Rs. 235-00 pir hour or part (i) Tata P&II Crane (Crawler Mounted) .

thereof.

Rs. 165-00 per hour or part (ii) Tata P&H 320 d a re (Crawler Mounted)

thereof.

Rs. 65-co per Uiour or part (iii) Coles Crane of 5 tonnes

thereof.

Rs. 130-00 per hour or part (iv) Coles Crane of 7-} tonnes

thereof.

Coasting vessels

Foreign vessels

Rs. 75-00 pci hour or part thereof per Fork Lift, subject to a mini- mum of Rs. 120-00 per Foik Lift.

(v) (i) Fjrk L'ft Truck? for use Rs. 45-00 par hour or at the wharf. part thereof per Fork Lift, subject to a mini- mum charge of Rs. 70-00 per Fork Lift.

Rs. 90-00 per hoi r or part thereof per Fork Lift, subject to a mini- mum of Rs. iKo-oo per Fork Lift.

(ii) Fork Lift Trucks for use Rs. 6o-oo per hour or on board the vessel. part thereof per Fork Lift, subject to a mini- mum charge of Rs, 90-00 per Foik Lift.

(2) The hire charges specified above shall be subject to the following conditions, namely:<— (1) The hire charges shall commence from the time the equipment is made available

for use.

(2) For working on Sundays, close holidays of the Port or between 6 P.M. and 6 A.M. on other days, an extra charge of 25 per cent shall be levied, if how- ever, the equipment is detained without use, detention charges alone shall be leviable at the rate of Rs. 15 per hour or part thereof.

(3) The Port authorities shall only man and work the equipment, the labour re-

quired for handling the cargoes shall be supplied by the parties concerned.

(4) Requisitions for the hiring of the said equipment shall be made out in dupli- cate, in the Form set out in the Appendix to this notification, duly signed by the hirer concerned and delivered to the Traffic Manager of the Port. Requisitions for work during day must reach the said traffic Manager not later than 3 P.M. on the previous day and for work during night nol later than 2 P.M. on the samo day, if it is a working day, or otherwise not later than 3 P.M. on the previous working day. If requisitions arc received after the specified time, the equipment may be supplied only if t'ne same is available.

(5) A charge of Rs. 100.00 per equipment shall be recovered if a requisition is cancelled in writing before the commencement of the period of hire, pro- vided that no such charges shall be recovered if the Traffic Manager of the Port certifies that the notice of cancellation was received before action was taken by the Port authorities to comply with the requisition. In cases where no written notice of cancellation is received before the commencement of the period of hire or where the equipment is used only for a portion of the period applied for, charges payable for the full period of requisition shall be recovered. If the Port authorities are unable to supply the equipment to

suit to their convenience either for the entire period of requisition or for li part thereof, no charges shall be recovered¹ for the period of non-supply of the equipment, provided that said Traffic Manager certified to that effect in each case.

(6) When equipments are required for longer period than requisitioned for, a fresh requisition shall bo submitted at least one hour before the expiration of the period mentioned in the original requisition.

(7) (a) The hirer shall not put on the equipment hired out or cause to be put on them by his agents or employees or other persons working under such hirer, any load heavier than the lifting capacities of the said equipment.

(b) The hirer s'nall be liable to pay a penalty of Rs. 100,00 for every breach of the above condition whenever he is found guilty of such breach by the Traffic Manager of the Port.

(c) The cost of damage, if any, caused to the equipment by its being used in con- travention of the above conditions, shall, in addition to the penalty referred to above also be recovered from the hirer and shall include even the replace- ment value of tile equipment, if the damage caused makes such a recovery necessary.

<8) The Port authorities shall not be responsible to the hirer or any person for 'any loss or damage or injury to life arising directly or indirectly from the use of the equipment during the period of its supply on hire. The hirer shall indemnify the Port authorities against all loss or damage or injury to life arising directly or indirectly from the use of the equipment during the period of the supply on hire to any property belonging to the Port, including the equipment, or to any other person or property. The liability of thi hirer shall not be affected by t'oe fact that such loss or damage or injury to life may have arisen due to any act or default of any employee of the Port. The hirer shall also indemnify the Port authorities all liabilities under the Work- men's Compensation Act, 1923 (8 of 1923).

(9) Whem equipments are requisitioned foi⁴ a specified number of hours but are made 'available not continuously but at different times to suit the convenience of the Port, charges shall be calculated as if the hire was for a continuous period by totalling up the broken periods of work instead of rounding off each spell of work separately.

(10) Ship's^ officers must see th'at the Port's equipment work quite clear of ships' gear

and of all obstructions.

(11) In case of breakdown of the equipment due to mechanical defects, the period

taken to repair it shall be deducted in calculating the hire charges.

10. Charges for the hire of Port's Tuff.—The hire charges of tugs used for berthing, unberthing or shifting of vessels shall be as under:—

(a) Vessels other than Oil Tankers:

(i) For vessels below 1500 tons . . . Rs. 300-00 per tug per operation. (ii) For vessels of 1500 tons and above but below Rs. 600.00 per tug per operation.

3000 tons,

(iii) F01 vessels of 3000 tons and above but below Rs. 800-00 per tug per operation.

5000 tons.

(iv) For Visselsof 5000 tons and above but below Rs. ijCOO-oo per tug per operation, ioooc tons.

(v) For vessels of 10000 tors and above . Rs, 1,500*00 per tug per operation.

(6) Oil Tankers Rs. 2,500-00 per tug per operation.

Miscellaneous Charges:

A, Fees for the hire of weighing scale and for the issue of certificates of weights for

wharf cargo;

(i) For hire of weighirg scales Rs. 0-75 per tonne or port

thereof.

(ii) For issue of certificates of total tonr age of goods Rs. 2-25 per tonne or purt thereof for weighment of the consignment (that is for goods covered by one application) subject to a minimum of Rs. U-oo pei certificate.

NOTES:

1. The attendant labour shall be supplied by the parties concerned, in all cases.

2. Charges shall be levied in accordance with the above scale when it is necessary for the Port to weigh goods, e.g., for the purpose of assessing the amount of the quay dues, payable in respect of the goods.

3. No refund of hire charges shall be allowed in case a notice of cancellation of re- quisition is not sent to the Traffic Manager of the Port in writing so as to reach him at least 2 hours prior to the commencement of the period of hire.

B. Fees for the issue of duplicate copies of Receipts or Certificates of payment issued

by the Port authorities:

A fee of Rupees five each shall be levied for certificates of payment issued by th6 Port authorities.

C. Charges for the use of Weigh Bridge:

(a) Weigh ment of cargo on the Port's lony weigh Rs. 1-70 per tonne or pait

bridge.

thereof.

(b) For issue of weight certificate . . .. Rs. 17-00 per certificate in

addition to the charges at (a) above.

NOTES:

1. The Weigh bridge shall be used only for weighing lorries or carts, etc., with or without loads,

2. The fee under item (a) above shall cover as hire charge of passing the cart or lorry, etc., both, empty and loaded over the weighing platform. The fee under item (b) above shall be payable in addition for the issue of a certificate showing both the tare and the loaded weight of the vehicle.

3. The Weigh bridge shall be manned by the Port authorities and the necessary trans- port, labour etc. shall be arranged by the parties concerned.

4. The Port authorities shall not be responsible to the hirer or any person for any loss or damage or injury to life arising directly or indirectly from the use of the Weigh bridge during the period of its hire. The hirer shall indemnify the Port authorities against all loss or damage or injury to life arising directly or indirectly from the use of the Weigh bridge during the period of hire, to any property belonging to the Port, including the Weigh bridge or any other person or property. The liability of the hirer shall not be affected by the fact that such loss or damage or injury to life may have arisen due to any act or default of any employee of the Port. The hirer shall also indemnify the Port authorities for all liabilities under the Workmen's Compensation Act, 1923 (8 of 1923).

D. Charges for providing telephone connections to vessels berthed alongside the

wharves:

(i) A telephone charge of Rs. 40.00 per line pep day or part thereof (exclusive of Trunk call charges) shall be levied on each vessel berthed at alongsicl berths where telephone facilities are provided, irrespective of whether the facilities are availed of or not.

(ii) The said charges shall be paid by the respective vessel agents as in the case of other port.

flii) The said agents shall be responsible for the payment of trunk call charges and for damage, if any, to the instrument during the time the vessel uses the berth,

(iv) When the telephone is not supplied to any vessel either because an instrument is not available or all the available instruments are in use or out of order, the charges shall not be recovered provided the Traffic Manager of the Port certifies to that effect.

(v) The said charges shall not automatically be recovered from sailing vessels; in their case, the charges shall be recovered only if the telephone is asked¹ for and supplied.

THE APPENDIX

(See clause 9)

Form of Requisition for the use of handling equipments.

To

The Traffic Manager, New Mangalorc Port, PANAMBUR.

Sir,

SUBJECT.—Hiring of handling equipments—Requisition—Regarding.

Kindly arrange to supply the undermentioned cargo handling equipment/a on day/night *. " 1

Numbers

Time

From

(*) Particulars of Equipments.

To

Place of Work

,

Details of Cargo to be handled....-1

Name of the Vessel

I/We do hereby accept to abide by the terms and conditions prescribed for the supply and use of handling equipments by the port.

The hire charges may be debited to my/our deposit/Deposit Account No, (••) -••

Dated signature with name and

address of the hirer.

Copy to the Executive Engineer, Mechanical Division, New Mangalore Port, Panambur.

(•) (Indicate here the name of the cargo handling eq!uipment/s required.

C**) Applicable only to those who have a deposit account at the Port. In tho case of others, hire charges are payable in cash in advance.

[No. F. PGR-14/75-IV]

K. SIVARAJ, Jt. Secy.