3rd OCT. 2017]

KERALA GAZETTE

1409

PART IV

Private Advertisements and Miscellaneous

Notifications

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Regn. No. KERBIL/2012/45073

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Gaz. No. 39/2017/DTP(Part IV).

3rd OCT. 2017]

KERALA GAZETTE

1410

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.

308

3rd OCT. 2017]

KERALA GAZETTE

1411

(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.

(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.

3rd OCT. 2017]

KERALA GAZETTE

1412

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 &

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.

Appendix—I

FORM ‘A’

COCHIN PORT TRUST

TRAFFIC DEPARTMENT

To

The Traffic Manager,

Cochin Port Trust

APPLICATION FORM FOR THE GRANT/RENEWAL

OF STEVEDORING AND SHORE HANDLING

LICENSE

1.

Name of the applicant

:

2.

Whether Company, partnership

:

firm or proprietary firm (Documentary

proof to be attached)

3.

Full Address

:

4.

Year/s for which license is required

:

5.

Previous experience in the field

:

(The cargo and tonnage stevedored

in the previous 3 years to be

furnished)

6.

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)

7.

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.

310

3rd OCT. 2017]

KERALA GAZETTE

1413

8.

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

9.

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.

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

5.

6.

(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.

Kerala State Goods and Services Tax Department

NOTIFICATION NO. 3/2017—STATE TAX

No. C1-24614/2016.

Thiruvananthapuram, 31st August 2017.

In exercise of the powers conferred by sub-rule (5) of Rule 61 of the Kerala Goods and Services Tax Rules, 2017,

read with Section 168 of the Kerala State Goods and Services Tax Ordinance, 2017 (11 of 2017), the Commissioner, on

the recommendations of the Council, hereby notifies that the return for the month as specified in column (2) of the

Table below shall be furnished in FORM GSTR-3B electronically through the common portal before the dates as

specified in the corresponding entry in column (3) of the said Table, namely:—

TABLE

Sl.

Month

Date of filing of

No.

GSTR-3B

(1)

(2)

(3)

1

August, 2017

20th September, 2017

(Sd.)

Commissioner.

Gaz. No. 39/2017/DTP(Part IV)