1366

KERALA GAZETTE

[PART IV

Gaz. No. 38/2017/DTP (Animal Husbandry).

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PART IV

Private Advertisements and Miscellaneous

Notifications

26th SEPT. 2017]

KERALA GAZETTE

1367

COCHIN PORT TRUST

NOTIFICATION

No. A1/23/Stevedoring/2017-S.

16th June 2017.

In exercise of the powers conferred under

sub-section (f) and (k) of Section 123 of the Major Port

Trusts Act, 1963 (No. 38 of 1963), the Board of Trustees

of Port of Cochin hereby makes the following

Regulations in supersession of the Cochin Port

(Issue of Stevedoring Licences) Regulations 1987, subject

to approval of the Central Government and the same is

being published twice in the official Gazette

for the information of the public, as required under

sub-section (2) of Section 124 of the said Act.

The Cochin Port (Issue of Stevedoring and Shore

Handling Licences) Regulations, 2017

1. Title:—These Regulations may be called the Cochin

Port (Issue of Stevedoring and Shore Handling

Licences) Regulations, 2017.

2. Commencement:—They shall come into force on the

date of their final publication in the Gazette of India.

3. Scope:—These Regulations shall cover the following

activities:—

(i)

Stevedoring activities undertaken by the licensed

Stevedore in a Major Port.

(ii)

Shore handling activities undertaken by the

licensed Shore Handling Agents or by agents

under any other name.

(iii)

No Agency shall undertake to perform these

activities in a Major Port unless and until they

are issued a valid licence by the Port for the

purpose.

(iv) These Regulations do not apply to port

operated Stevedoring and Shore Handling

provided the operations are entirely carried out

by the port.

(v)

These Regulations do not apply to PPP and

BOT berth operations.

4. Definitions:—In these Regulations unless the context

otherwise requires—

(i)

‘Act’ means the Major Port Trusts Act, 1963.

(ii)

‘Board’ means the Board of Trustees of the

Port of Cochin as constituted under the Act.

(iii)

‘Chairman’ means the Chairman of the Board.

(iv)

‘Form’ means form annexed to these regulations.

(v)

‘Stevedoring and Shore Handling Agent’ means

a Company registered under the Companies

Act, 2013 or any previous Company Law, or a

partnership firm or any other legal entity to

whom a Stevedoring and Shore Handling

Licence has been given under Regulation 5.

(vi)

Stevedoring includes loading and unloading

and stowage of cargo in any form on board

the vessels in Ports.

(vii)

Shore Handling includes arranging and

receiving the cargo to/from the hook point,

inter modal transport from wharf to stack-yard

and vice-versa and also receiving and

delivering of cargo from/to wagons/trucks.

(viii)

‘‘Traffic Manager’ means the Officer for the

time being in-charge of the Traffic Department

of the Cochin Port Trust including the Deputies

and Assistants to the Traffic Manager and any

other Officer acting under the authority of the

Traffic Manager.

(ix)

TAMP means Tariff Authority for Major Ports.

(x)

PPP means Public Private Partnership.

(xi)

BOT means Build, Operate and Transfer.

5. Stevedoring and Shore Handling Charges

(i) The Stevedoring and Shore Handling charges

shall be notified by the TAMP or any other

competent authority as the normative tariff,

separately for mechanized and manual operations

for the Major Ports, which shall be the Ceiling

Tariff, and will be displayed in the port website.

The performance norms will be as per the

Performance Norms Policy Guidelines of the

Government of India.

(ii)

The Deputy Traffic Manager or any other officer

nominated by Traffic Manager will be the Nodal

Officer for monitoring the Stevedoring and Shore

Handling tariffs. The Nodal Officer will be

handling all complaints on violation of

Stevedoring and Shore Handling ceiling tariff.

(iii) The Port Trust will charge royalty on a per metric

tonne basis for the cargo handled as licence fee

for the Stevedoring and Shore Handling licences.

6. Issue of License for Stevedoring & Shore Handling Agents

The Stevedoring and Shore Handling licences shall

be issued to the applicant who fulfils the following

criteria:

(i)

The applicant shall be a Company registered

under the Companies Act, 2013 or any

previous Company Law, or a partnership firm

or any other legal entity.

444

1368

KERALA GAZETTE

[PART IV

(ii)

The application for grant or renewal of a

Stevedoring License shall be made in Form ‘A’,

at Appendix-I, to the Traffic Manager, either

directly or online.

(iii)

Every license granted or renewed under these

regulations shall be in Form ‘B’, at Appendix-II.

(iv)

The applicant shall produce a Bank Guarantee

for ` 5 lakh valid for the period of the license

so as to meet any contingency, which shall be

returned after adjusting the claims, if any, when

the licensee ceases to operate.

(v)

The applicant shall undertake to provide

equipment/gear, either owned or hired, required

for both the operations.

(vi)

The applicant shall undertake to employ/engage

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.

(vii)

The Application fee for issue of Stevedoring

and Shore Handling license shall be ` 50,000

which can be revised from time to time by the

Board.

7. Validity/Renewal of licence

(i) The license will be valid for a period of three

years from the date of issuance of licence.

(ii) The license shall be renewed considering the

performance reports mentioned below.

(a) The daily performance report capturing

productivity achieved by the Licensee in the

prescribed format shall be submitted by the

Licensee to the Traffic Department.

(b)The Traffic Manager shall monitor the

compliance of terms and conditions of the

licence and the safety norms followed by the

Licensee.

(iii)

Application for renewal of Stevedoring & Shore

Handling license shall be made at least three

months before the expiry of the license. If the

application for renewal is not received within

the stipulated period of three months, such

applications may be accepted by the Traffic

Manager on payment of late fee of ` 10,000 by

the Licensee provided the application for

renewal together with the late fee is received by

the Traffic Manager before the actual date of

expiry of the license.

(iv) If the Licensee fulfils the required conditions

and is eligible for renewal but awaiting safety

clearance before expiry of the license period.

Port may permit the Stevedoring and Shore

Handling operation by executing an Indemnity

bond.

(v)

Before renewal of the license a report regarding

the safety performance and compliance of Dock

safety status shall be obtained from the

authorised officer declared under the Dock

Workers (Safety, Health and Welfare) Act 1986

which shall be taken into consideration while

granting the renewal of License.

(vi)

In the event of loss or defacing of the original

license, a duplicate license may be issued on an

application made to the Traffic Manager and

on payment of ` 1,000.

8. Duties & Responsibilities

(i)

The Licensee shall comply with all applicable

safety norms and the applicable statutes

regarding labour in relation to such operations

including but not limited to provisions of the

Dock Workers (Safety, Health and Welfare)

Act, 1986; the Dock Workers (Safety, Health

and Welfare) Regulations, 1990, the Industrial

Disputes Act, 1947, the Payment of Bonus

Act 1965, Employee’s Compensation Act, 1923

or any other laws in force.

(ii)

The Licensee shall indemnify the Board against

all third party claims arising out of such

operations.

(iii)

Whenever casual workers are deployed, the

Licensee should ensure that such workers are

covered by the insurance policy.

(iv)

If any gear, plant or any other property of the

Board is damaged or any accident caused in

the course of Stevedoring and Shore Handling

operation, the Licensee shall be solely

responsible for the same and shall compensate

the Board for such loss or damage.

(v)

The Licensee shall ensure that all the gears and

equipment shall conform to the requirements as

per the Dock Workers (Safety, Health and

Welfare) Regulation, 1990 and shall possess

valid test certificates as stipulated in the said

Regulations.

Gaz. No. 38/2017/DTP (Part IV).

445

26th SEPT. 2017]

KERALA GAZETTE

1369

(vi)

The Licensee shall provide necessary protective

appliances appropriate for the type of cargo to

the workers deployed.

(vii)

The Licensee shall inform any change in the

constitution of the firm. Any change in the

constitution of the Licensee will render the

existing License to be cancelled and will require

a new license; Mere change in name of the

Licensee will require a duplicate license be

issued on payment of ` 1,000.

(viii)

The Licensee shall train the personnel deployed

in Stevedoring & Shore Handling activities, in

modern methods of cargo handling for

improving the productivity, efficiency and

safety.

9. Cancellation/Suspension of license

A. The port may, at any time, suspend or cancel the

license issued to a Licensee for violation of any

of the terms of license or for any reasons listed

below:

(i)

The firm performs below 70% of the norms as

per the Performance Norms Policy for an

average period of one year.

(ii)

The firm is found to be charging higher than

the ceiling tariff defined for Stevedore and

Shore Handling activities in the Port.

(iii)

The CEO/Head of the Stevedoring and Shore

Handling firm has been convicted by the

Court for 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)

Licensee 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.

(x)

Indulging in illegal/corrupt practices.

(xi)

Any misconduct/default which in the opinion

of the Board warrant such cancellation or

suspension.

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.

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 within 30 days

of the communication of the order appealed against.

11. Deployment of workers from Port/DLBs/License

Holder or outside

The existing practice of deploying port labour for

stevedoring operations by the Licensee may continue. In

case the port is unable to supply the requisite workers

against the requisition placed by the Licensee, the

Licensee may make their own arrangement for this

purpose. The Licensee will not be charged any notional

payments for the supply of labour.

12. Performance norms

Productivity norms for dry bulk cargo shall be as per

the Performance Norms Policy of the Govt. of India and

for break bulk cargo as per the TAMP order for

determination of the ceiling tariff. Daily Performance

Report shall be submitted by the Licensee to the Traffic

Department. Performance of the agent in terms of

productivity achieved will be reviewed by the Port.

13. Repeal

The Cochin Port (Issue of Stevedoring License)

Regulations, 1987 shall stand repealed.

(Sd.)

Secretary.

446

1370

KERALA GAZETTE

[PART IV

Appendix—I

FORM ‘A’

COCHIN PORT TRUST

TRAFFIC DEPARTMENT

The Traffic Manager,

Cochin Port Trust

APPLICATION FORM FOR THE GRANT/RENEWAL OF

STEVEDORING AND SHORE HANDLING LICENSE

Name of the applicant

Whether Company, partnership

firm or proprietary firm (Documentary

proof to be attached)

Full Address

Year/s for which license is required :

Previous experience in the field :

(The cargo and tonnage stevedored

in the previous 3 years to be

furnished)

Proof of financial ability to meet

the obligations on account of

wages, compensation under

Employee’s Compensation Act,

1923 etc. (a Certificate from the

Bankers as to the financial ability and

Income Tax Clearance Certificate

to be produced)

Whether the applicant complies

with Clause V of Regulation

6 of the Cochin Port (Issue of

Stevedoring and Shore Handling

Licenses) Regulations, 2017.

Details to be furnished.

Whether the applicant complies

with Clause VI of Regulation

6 of the Cochin Port (Issue of

Stevedoring and Shore Handling

Licenses) Regulations, 2017. Details

to be furnished

Whether the applicant has cleared

all dues, if any, on account of

transactions he had with the Port

Trust

10. Whether the application fee for

license and the Security deposit

has been made?

(The receipt of the payment is

to be attached)

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 license.

I agree to abide by the Cochin Port (Issue of

Stevedoring and Shore Handling Licenses) Regulations,

2017, and to comply with the directions made by the

Cochin Port Trust from time to time, if the license is

issued/renewed.

Signature of the Applicant.

Place:

Date:

Note:—In case of renewal of License, the application shall

be annexed with duly filled in prescribed forms,

as per Regulations 94 of the Dock Safety Workers

(Safety, Health & Welfare) Regulations, 1990.

447

26th SEPT. 2017]

KERALA GAZETTE

1371

Appendix—II

FORM—‘B’

License for undertaking Stevedoring and Shore

Handling operation at the Port.

1. Name of the Licensee

2. Address

: ....................................

....................................

3. Period for which licence is

granted

4. Any other particulars required

to be mentioned........................

(Seal) Licensing Authority........................

Designation................................

Place............................

CONDITIONS

This licence is granted subject to the provisions of

the Major Port Trusts, Act, 1963 and the Cochin Port

(Issue of Stevedoring and Shore Handling Licenses)

Regulations, 2017.

COCHIN PORT TRUST

Willingdon Island Cochin-682 009

NOTIFICATION

No. B3/Port and Dock Regulations/2014.

29th June 2017.

In exercise of the powers conferred under Section

123 of the Major Port Trusts Act, 1963 (No. 38 of 1963),

the Board of Trustees of Port of Cochin hereby makes

the following Regulations further to amend the Cochin

Port and Dock Regulations, 2014, subject to approval of

Central Government and same is being published twice

in the official Gazette as required under Sub Section (2) of

Section 124 of the said Act.

1. Short title and commencement:

(i) These regulations may be called the Cochin Port and

Dock (Amendment) Regulations, 2017.

(ii) They shall come into force with effect from the date

of their publication of the approval of the Central

Government under Section 124 of the Major Port

Trusts Act, 1963 in the Official Gazette.

2. In the Cochin Port and Dock Regulations, 2014

published in the Kerala Gazette on 7th & 14th July 2015

vide Notification No. B3/Port and Dock Regulations/2014

and subsequent Corrigendum on 23rd February 2016 and

4th Oct. 2016:

(i) After Regulation 93, the following shall be inserted

as Regulation 93 A:

“93 A No person shall dump, deposit, abandon or

cause or assist to dump, deposit or

abandon any kind of waste or pollutants on

the land, property or water or air of the

Cochin Port Trust or in public place within

the Port area/limit.

Any person who contravenes the aforesaid

provision or orders made thereunder shall

be punishable with fine which may extend

to ` 2,000 and where the contravention or

breach is continuous, with further fine

which may extend upto ` 500 per day of

such continued offence and also liable to

pay the cost of ` 10,000 towards the

damages caused to the Port property

environment and human life or as

determined by the Chairman whichever is

higher.”

(Sd.)

Secretary.

COCHIN PORT TRUST

Traffic Department

Office of the Traffic Manager

Cochin: 682 009

Telefax: 0484-2666418

mai1to:[email protected]

SALE NOTICE

No. A6/28/2017/T.

4th July 2017.

In exercise of powers conferred under Section

61 & 62 of the Major Port Trusts Act, 1963, notice is

hereby issued to the consignees to clear the following

goods, landed at Cochin Port and lying uncleared for

more than two months, within 10 days from the date of

publication of this notice. The goods will be sold by

Open Tender/Auction or in any other manner deemed fit,

if they are not cleared by the consignees within the

notice period.

Sl. No.

IGM No.

Line

Cargo Description

No.

2090338

87.7

Cable Lock

TSA

Nil

Folding Bed

No. 18353M

2106306

33.10

LECA Clay Aggregates

2123360

63.2

BRA Wires

2127227

10.7

Synthetic Footwear

2129254

53.8

LED Light and Mobile

Charger

A detailed list of uncleared/abandoned items is

available with the office of the Traffic Manager, Cochin

Port Trust.

(Sd.)

Traffic Manager.

448