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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
1190 taSw 7
7th Medam 1190
1937 sshimJw 1
1st Vaisakha 1937
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.