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Government of Kerala

2015

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KERALA GAZETTE

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PUBLISHED BY AUTHORITY

Regn. No. KERBIL/2012/45073

dated 5-9-2012 with RNI

Reg. No. KL/TV(N)/634/2015-17

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2015 G{]n¬ 21

21st April 2015

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PART IV

Private Advertisements and Miscellaneous

Notifications

COCHIN PORT TRUST

NOTIFICATION

No. DC/Regl. of Entry & Exit of Vessel/2014.

12th November 2014.

The Cochin Port Trust (Regulations of Entry, Stay,

Movement and Exit of Vessels)

Regulations, 2014

In Pursuance of sub-section (2) of Section 124 of the

Major Port Trusts Act, 1963 (38 of 1963), the Board of

Trustees of Cochin Port hereby publish "The Cochin Port

Trust (Regulations of Entry, Stay, Movement and Exit of

vessels) Regulations, 2014." made by the Board in

exercise of the powers, conferred under Section 123 of

said Act, in supersession of "The Major Ports

(Regulations of Entry, Stay, Movement and Exit of

Vessels) Rules, 1989", for two weeks successfully and

notice is hereby given for the approval thereto of the

Central Government as required under sub-section (1) of

Section 124 of that Act, will be applied for on or after the

expiry of fourteen days from the date on which this

notification is first published in this Gazette:

SCHEDULE

1. Short Title, Commencement and application:—

(1)

These Regulations shall be called 'The Cochin

Port Trust (Regulations of Entry, Stay, Movement

and Exit of Vessels) Regulations, 2014'.

(2)

They shall come into force on the date of their

Publication in the Official Gazette.

(3)

They shall apply to Cochin Port only.

Provided that these Regulations shall not apply, to

War Ships such as Naval Ships, auxiliary naval ships and

vessels owned or operated by a State or Union Territory

of Lakshadweep (UTL) and used for the time being for

non-commercial purposes or for public service purposes.

2. Definitions:—

(1)

In these Regulations, unless the context

otherwise requires:—

(a)

"Act" means The Major Port Trusts Act,

1963

(38 of 1963),

(b)

"Conservator" means the Conservator of

the

Cochin Port appointed by the Central

Govt. under the Act,

(c)

"Dy. Conservator" means the officer who

is

the head of the Cochin Port's

Marine Department.

(d)

"Major Port" means any Port which the

Central Govt. by notification in the Official

Gazette, declare or may under any law for

the time being in force have declared,

to be a Major Port,

(e)

"Vessel" includes any ship, boat, sailing

vessels or other description of vessel used

in

navigation;

(f)

"Maritime Claims" means the claims

as defined

under article 2 and 3 of the

convention on Limitation of liability for

Maritime Claims 1976,

(g)

"Port Facility" means any area of land or

water, or land and water within a Port

including without limitation any buildings

installations, terminals, floating terminals and

transportation facilities, shipyards, ship repair

yards or equipment in or on the relevant

area used either wholly or partly in

connection with loading or unloading of

goods to or from ships, the moving of

passengers to or from ships or for

maintenance, repair and or anchorage of

ships for the provision of services to ships,

(h)

"Protection and indemnity Insurance" means

insurance with or without deductibles, and

comprising of the Indemnity Insurances

provide by the members of the International

group of protection and indemnity clubs or

such other insurance company as authorized

from time to time by the Govt. of India,.

(i)

"Operator" means the owner of the ship or

any other organization or any person

authorized in this behalf for the operation of

the ship,

(j)

"Ship Agent" means any person or

commercial enterprise arranging and causing

the transportation of cargo or passengers

providing information's, preparing for and

carry of the sale or purchase or lease

contracts for and on behalf of the ship

owners, masters, operators or charters of the

vessels by the agreement they enter into

carrying of all the services and fulfilling the

liabilities for such persons and parties duly

acting for profit,

(2)

"Words and Expression" used but not

defined in these Regulations, and defined in

the Act, shall have the same meanings

respectively, assigned to them in the Act,

3. Insurance Coverage Against Maritime Claims:—

Any vessel of three hundred tons gross or more,

other than Indian Ship, entering into or sailing out of Port,

terminals, anchorages or seeking Port facilities or in Indian

territorial water shall be in possession of the insurance

coverage against maritime claims and established policies

and

procedures

for

their

supervision.

If such vessel, is

(i)

an oil product or Chemical tanker more than

twenty years old, or

(ii)

a general cargo ship or bulk carrier or offshore

support vessel or passenger vessel or any other

type of cargo vessel more than twenty five years

old, or

(iii)

a liquefied natural gas or liquefied petroleum gas

tanker more than thirty years old,

It shall be classed with a classification society which

is a member of the International Association of

Classification Societies or with a recognized

organization duly authorized by Indian Maritime

administration.

4. Protection and Indemnity Insurance Policy:—

(i)

the operator of the vessels other than Indian

vessels shall have a valid protection and

indemnity Insurance policy against maritime

claims to enter into Indian Coastal Waters.

(ii)

the Insurance referred to in Regulations 3 above

shall cover maritime claims subject to the

Convention or Limitation of Liability for Maritime

Claims, 1976. The amount of the Insurance for a

ship per incident shall not be less than the

maximum amount for the limitation of liability as

laid down in the protocol of 1996 amending the

Convention or Limitation of Liability for Maritime

Claims 1976.

5. Documents to be submitted before entering into the

Indian Territorial/Port:—

(a)

The operator of the vessel which intends to

enter into the Indian territorial waters or in to the

Cochin Port for any purpose shall submit either

himself or through his shipping agent, forty eight

hours before entering the Cochin Port or before

entering into the Indian territorial waters,

whichever is earlier, the copies of insurance

policy and the certificate of class of the vessel

and other particulars such as the age of vessel,

nature of the cargo or passengers carried by the

vessels, crew complements of the vessels to the

Deputy Conservator of Cochin Port.

(b)

Where the copies of document in the Regulation

5 are to be filed through a shipping agent, the

operator shall submit a signed declaration duly

authenticating that:-

(i) appointment of shipping agent is valid from

the time of the vessels enters Indian Coastal

water/Cochin Port and shall remain valid till

the vessel leaves Indian Coastal water/Cochin

Port, and

(ii)

the certificates submitted are true and correct to

the best of his knowledge and belief.

7th APRIL 2015]

AGRICULTURE DEPARTMENT

63

(c)

(i) the operator shall ensure that the Insurance

policy and the certificate of class remain valid

during the vessel stay in the Port area or

terminals under the jurisdiction of India or

areas in the coastal waters of India.

(ii)

that the operator shall remove the vessel from

the harbour and Port waters immediately before

the expiry of the validity of the insurance

registration or other certificates. The vessel

shall not be permitted to be berthed in Port

waters without valid certificates at any cost.

(iii) agent shall not be absolved of any liability on

the ground that the agreement between the

owner and agent stands expired/terminated and

the agent shall continue to be liable till the

vessel leaves the harbour of Port waters.

6. Providing new protection and Indemnity Policies:—

Where the Existing protection and indemnity policies

providing insurance coverage for vessels against Maritime

claims have been cancelled, suspended or become null and

void for any reason whatsoever, the operator shall

forthwith obtain a new protection and indemnity insurance

policy for the vessel and submit a copy of such new or

renewed insurance policy to the Port Authority.

7. Insurance and P & I Policy Certificates to be kept on

board:—

The insurance certificate and protection and

indemnity insurance policy for Maritime claims, in original

or a certified copy and certificate of class in original shall

be kept on board of the vessel and available for

inspection. The Port Authority shall verify the validity of

the insurance policy and Certificate of Class of the vessel

and these documents. If the vessel is not in possession of

valid protection and indemnity insurance and certificate of

class, the matter shall be reported to the DG Shipping for

appropriate action under the relevant Act.

8. Regulation of entry of certain vessels:—

No vessel shall be permitted entry into the Cochin

Port, If the Conservator, having regard to:-

(a)

the nature of the cargo or passengers carried by

the vessel;

(b)

her state of seaworthiness;

(c)

the crew complement of the vessel; or

(d)

the balance of bunkers left on board the vessel,

is of the opinion that such entry of the vessel

will become an impediment to navigation into, or

within, the Port or will in any manner affect the

normal work of the Port. The reasons for denial

of entry must be recorded in writing.

9. Compliance with instructions or orders of the

Conservator:—

(1)

(a) the operator, agents/or master of a vessel shall

promptly carry out all the instructions issued by

the Conservator for moving the vessel out of the

Port or for movement of the vessel within the

Port from one place to such other place as the

Conservator may direct from time to time.

(b) the conservator shall issue written orders to

the operator, agent or master of a vessel for

moving it out of the Port or for movement of the

vessel within the port if in the opinion of the

Conservator that such movement is necessary in

the interest of the safety of the Port or any of its

installations or in the interest of the proper

handling of cargo or vessels in the Port or in

public interest.

(2)

The Conservator may, on completion of twenty

four hours after the issue of instructions or

orders under sub-Regulation (1) to the operator,

agent or master of a vessel, forthwith take

proceedings to move the vessel in a manner as

the Conservator deems fit, namely:-

(a) where the instructions or orders issued by

the Conservator under the provisions of the

Act or any Regulations or orders made there

under are not carried out by the operator,

agent or master of the vessel within twenty

four hours from the time of their issue;

(b) where the operator, agent, or master or any

other person in charge of the vessel has

abdicated his rights and obligations in

relation to the vessel impliedly, or expressly

by being unavailable to take the instructions

or orders in regard to the vessel;

(c) where the condition of the vessel is such

that the operator, agent or master is unable to

carry out the instructions or orders;

(d) where the vessel is left without any adequate

qualified crew to carryout such instructions

or orders;

(e) where the vessel is lying idle within the

precincts of the port continuously for a

period of more than one month without any

reasonable cause:

Provided that if the vessel is so lying idle

continuously for a period of more than three

months, action shall be taken in accordance

with the powers delegated under regulation of

"The Cochin Port Trust (Distraint or Arrest

and sale of Vessels) Regulations, 2014"

(f) where the stay of the vessel in the Port is

likely to cause impediment to navigation into,

or within, the said Port or in handling the

cargo or vessel in the Port.

(3)

The operator, agents/or master of a vessel shall

promptly carryout all the instructions issued by

the Conservator for moving the vessel out of the

Port or from the Port limits as mentioned above in

Regulation 9 (1) and (2) above and are binding on

them.

10.

Vessels

detained

by

Mercantile

Marine

Department (MMD) under the powers delegated

in Sec. 336 and 342 of MS Act 1958 as

amended.

(1)

If the vessels during discharge of cargo at

Cochin Port is detained by Mercantile Marine

Department after IMO Port State inspection, the

Conservator shall remove the vessels to the outer

anchorage on discharge of cargo and shall be

detained as per the detention order and the

operator, agent or master shall carryout all

necessary

repairs

in

consultation

with

classification/flag state to comply with all the

rules requirements as per the applicable

International Convention and present for

re-inspection by the surveyor from the

department of MMD on compliance within fifteen

days from the date of shifting the vessel to the

anchorage.

(a)

The port shall not allow a berth for any

vessel for carrying out any repairs for the

purpose of validating the certificates/

insurance policy. However, in exceptional

circumstances the Port may grant special

permission with a written consent of

Conservator giving reasons.

(2)

If the owner, agent or master fails to remove the

detained vessel within fifteen days from the

anchorage then a penalty to ` 1,00,000 (One lakh

only) per day of 24 hours and part there off with

service tax as applicable shall be levied from

16th day onwards.

(Sd.)

Secretary.