(१)

भााग दोोन-३९–१

RNI No. MAHBIL /2012/46121

महाराष्टट्रõ शासन राजपत्र

असाधारण भाग दोन

वर्षष १०, अंक २७]

शुक्रवार, एप्रिŌल १९, २०२४/चैैत्र ३०, शके १९४६

[पृष्ठेे २८, किं�ंमत : रुपयेे १२.००

असाधारण क्रमांं�क ३९

प्राधि�कृृत प्रकाशन

JAWAHARLAL NEHRU PORT AUTHORITY

No. JNPA/FIN/TARIFF/2024-25/590

Order

(Passed on this 19th day of April 2024)

This case relates to the proposal received from Nhava Sheva International Container Terminal

Private Limited (NSICTPL), a BOT Operator at Jawaharlal Nehru Port Authority (JNPA), vide its

letter dated 21 November 2023 for general revision of its Scale of Rates (SOR) under Tariff Guidelines,

2019.

1. The Tariff Authority for Major Ports vide its Order No. TAMP/54/2011- NSICTPL dated 14

February 2012 had revised the SOR of the NSICTPL based on the proposal then filed by NSICTPL

following 2005 Tariff Guidelines. The said order was notified in the Gazette of India on 1 March 2012

vide Gazette No. 55. Vide the said Order, this Authority had effected an across the board reduction of

27.85% over the then prevailing tariff of NSICTPL. The then revised Scale of Rates and conditionalities

of the NSICTPL were to come into effect after expiry of 15 days from the date of notification of the

said Order in the Gazette of India and was to be in force till 31 December 2014.

2. Aggrieved by the said Tariff Order, the NSICTPL approached the Hon’ble High Court of

Bombay challenging the tariff order dated 14 February 2012 by its Writ Petition No. 2954 of 2012.

The Hon’ble High Court has stayed the tariff Order dated 14 February 2012 and has allowed the

NSICTPL to levy the tariff as approved vide earlier tariff Order dated 30 December 2008 vide its

Order dated 2 July 2012. The Order of the High Court is still in force and the NSICTPL continues

to levy the tariff as approved under tariff Order dated 30 December 2008.

3. The Ministry of Shipping (MOS), in exercise of powers conferred on it by Section 111 of the

Major Port Trusts Act, 1963, has vide its letter No.PR-14019/20/2009- PG (Pt-IV) dated 5 March

2019 issued Tariff Guidelines, 2019, for BOT operators who were previously governed by 2005 Tariff

Guidelines. The Tariff Guidelines, 2019, has been notified in the Gazette of India on 7 March 2019

vide Gazette No.92. Thereafter, as per Clause 1.7 of the Tariff Guidelines, 2019, Working Guidelines

to operationalize the Tariff Guidelines, 2019, has been notified in the Gazette of India on 11 July

2019, vide Gazette No.244.

महाराष्ट्र शासन राजपत्र असाधारण भाग दोन, एप्रिŌल १९, २०२४/चैैत्र ३०, शके १९४६

4. Major Port Authority Act, 2021 is made applicable from 3rd November 2021 which converted

the Tariff Authority for Major Ports (TAMP) into an Adjudicatory Board to adjudicate the disputes or

differences arising between Major Port Authorities and Public Private Partnership Concessionaires.

In view of the above, the earlier role of TAMP to evaluate and pass orders with regards to proposals

for tariff revision of Public Private Partnership Concessionaires was entrusted upon the Major Port

Authority by Ministry of Ports, Shipping and Waterways via letter- PD-13/6/2023-PPP/e-357407

dated May 9, 2023.

5. NSICTPL had filed its proposal dated 29th March 2023 for general revision of its SOR,

following Tariff Guidelines, 2019. In the proposal submitted, NSICTPL had considered years 2019-20,

2020-21, 2021-22. Since Tariff Guidelines 2019, did not allow to escalate applicable WPI on the said

proposed SOR and taking into cognizance the finalization accounts of NSICTPL for the FY 2022-23,

NSICTPL was advised to re-submit the revised Tariff proposal vide e-mail dated 9th October 2023.

6. Accordingly, NSICTPL has filed its revised proposal dated 21st November 2023 for general

revision of its SOR, following Tariff Guidelines, 2019. The NSICTPL has made the following

submissions :

(a) The ARR has been assessed for the year 2023-24 based on the audited financials of

preceding three financial years i.e. 2020-21, 2021-22 & 2022-23 as per the methodology prescribed

under the 2019 Tariff Guidelines.

(b) The audited accounts for financial years 2020-21, 2021-22 & 2022-23 have already been

submitted.

(d) NSICTPL has carefully gone through the Tariff Guidelines, 2019 issued by the

Ministry of Shipping and notified by the Tariff Authority for Major Ports (TAMP) (bearing no.

TAMP/61/2018-Misc vide Gazette Notification No.92 dated 7 March 2019) and the Working

Guidelines, 2019 issued by TAMP in consultation with concerned BOT operators and Major Port

Trusts and has prepared the proposal for fixation of tariff in accordance with the said Tariff

Guidelines and Working Guidelines, in the formats and supporting documents as prescribed

by the Tariff Authority for Major Ports. The proposed tariff will have a validity period of three

years and a suitable proposal would be submitted at least three months before the expiry of the

validity period.

7. The Highlights of the proposal are as follows :

(a) Annual Revenue Requirement (ARR) has been computed in accordance with Clause 2.1

of the Tariff Guidelines, 2019 at INR 73,456 lakhs on 31 March 2023.

(b) Since bidding process of NSICT was finalised before 29th July 2003, the tariff

computation has taken into account royalty / revenue share as cost subject to maximum of the

amount quoted by the next highest bidder for tariff fixation, i.e. 69.50% of the actual royalty

paid. By an award dated 18th September, 2019 (“Award”), an Arbitration Tribunal has, inter

alia, held that the Royalty per TEU needs to be converted to a Revenue Share and JNPA is

directed to amend the License Agreement accordingly in consultation with NSICT within four

months from the date of the award (i.e on or before 18th January 2020). To date an amended

License Agreement is not in place. JNPA has challenged the award in the Bombay High Court

and the same is still pending. Further, JNPA and NSICT have referred the matter with the

Conciliation and Settlement Committee and the process of conciliation is currently on going. It

is clarified for the avoidance of doubt that the proposal is submitted without prejudice to the

Award and we reserve our rights in this regard. We will inform the Authority on any further

developments in this regard.

adjustments have been excluded and instead depreciation or other adjustments as per IGAAP

have been included for computation of ARR in accordance with Clause 2.3.2 Tariff Guidelines

2019.

(d) The ARR so computed has been indexed by 12.12% as per escalation factor announced

by TAMP for FY 2023-24. Indexed ARR has been computed at INR 82,357 lakh.

(e) NSICTPL has challenged the TAMP order dated 14 February 2012 in W.P. No. 2954

of 2012 and the order has been stayed by the Bombay High Court. Clause 3.1.1 of the Tariff

Guidelines, 2019 provides that, “The Scale of Rates of some of the BOT operators have not been

reviewed due to litigations pending in the High Courts on the Tariff Orders passed by TAMP.

The surplus / deficit over and above the admissible costs and permissible returns, if any, arising

during the period of litigation will be subject to the orders of the respective Courts. Alternatively,

MoS, concerned Major Port Trusts, concerned BOT operators and TAMP may decide on the

treatment of the past period surplus arising during the period of litigation.”

As a result of the above challenge, no further orders were passed by TAMP under the 2005,

Traiff Guidelines on account of the above stay granted by the Bombay High Court. The subject

period under consideration upto March 2020 is subject matter of the on-going conciliation

proceedings referred in point b) above. In the current application, NSICTPL has foregone ARR

of 19311 lakh (6437*3) and deficit of Rs. 6216 Lakh (2072*3) for the three years period. In the

event, there is any final order for the period up to March 2020 against NSICTPL, the NSICTPL

reserves their right to set off such surplus determined against the ARR and deficit foregone,

subject to the orders of the Court.

(f) As per previous order dated 20th February 2020, NSICTPL had foregone ARR of

Rs.212.40 Crore for 3 years while determining the tariff. In computation of the surplus as per

Form 8 of the enclosed application, conservatively reduced the allowable return on the capital

employed from Rs.201.65 Crore to Rs.130 Crore, by reduction of Rs.70.80 Crore annually

(70.80*3=212.40 crore for 3 years)

(g) As regards Coastal tariff, the tariff has been aligned at 60% of normal handling charges

for Foreign Containers in accordance with Policy Directions of Government, Ministry of Shipping

and Clause 8.3 of Working Guidelines 2019 with reference to Tariff Guidelines, 2019.

(h) The tariff proposed in the attached SOR will be indexed by 60% of Wholesale Price

Index as announced by the Government of India. Such revisions will be first made on 1st May

2024 and subsequently on 1st May every year.

(i) Tariff for Hazardous and Over Dimensions cargo has been proposed at a premium of

50% on Handling and Storage Charges in accordance with Clause 9.9.3 of Working Guidelines

2019 with reference to Tariff Guidelines 2019.

(j) Exchange Rate used for calculating US Dollar denominated revenue is Rs.83.

8. (a) The NSICTPL has furnished detailed computation of Annual Revenue Requirement

(ARR) under Form-1 and revenue estimation at the proposed rate in Form-4. The ARR computation

furnished by NSICTPL is tabulated below :—

Sl. No.

Description

2020-21

2021-22

2022-23

(1).

Total Expenditure (As per Audited Annual

Accounts)

Note 1

(i).

Operating expenses (including depreciation)

50,582

66,596

80,189

(ii).

Finance and Miscellaneous expenses (FME)

859

1,191

2,841

Total Expenditure 1=(i)+(ii)

51,441

67,786

83,030

(2).

Adjustments in respect of items where there is

variation in figures reported as per INDAS (as

per Audited Accounts) and IGAAP

Form

6 A and

Note 2

(i). Depreciation

भााग दोोन-३९–१अ

Sl. No.

Description

2020-21

2021-22

2022-23

(ii). Other expenditure items, if any, to be listed

Total of Adjustments 2=(i)+(ii)

(3)

Less Adjustments:

(i)

Actual Royalty / Revenue share paid to the

port

29,079

38,141

46,991

(ii)

Interest on loans

810

1,118

2,772

(iii)

Provision for bad and doubtful debts

(iv)

Provision for slow moving inventory

(v)

Other provisions, if any

857

1,840

Total of 3 = [3(i)+3(ii)+3(iii)+3(iv)+3(v)]

29,927

40,191

51,642

(4)

Add: Admissible Royalty/ Revenue Share

as per Clause 2.2. of the Tariff Guidelines,

2019

Form

2 and

Note 3

20,210

26,508

32,659

(5)

Total Expenditure after Total Adjustments

(5 = 1+2+3)

41,724

54,103

64,047

(6)

Average Expenses of SI. No.5 = [ Y1 + Y2 +

Y3 ] / 3

53,291

(7)

Capital Employed

(i) Gross Fixed Assets (Property, Plant &

Equipment) as on 31st March Y3 or 31

December of Y3 followed by the BOT operator

(As per IGAAP)

1,19,185

(ii) Add: Capital Work in Progress as on 31st

March Y3 or 31 December of Y3 followed by

the BOT operator (As per Audited Annual

Accounts)

416

(iii) Add: Working Capital as per norms

prescribed in clause 2.6 of the Tariff Guidelines,

2019

As per

Form 3

& Note 4

(a) Inventory

293

(b) Sundry Debtors

6,136

(d) Sum of (a)+(b)+(c )

6,428

(iv) Total Capital Employed [(i)+(ii)+(iii)]

1,26,030

(8)

Return on Capital Employed 16% on SI.

No.7 (iv)

20,165

(9)

Annual Revenue Requirement (ARR) as

on 31 March Y3 or 31 December of Y3 as

applicable [ (6)+ (8) ]

73,456

(10)

Indexation in the ARR @ 100% of the WPI

applicable for the year Y4 for example, if

Y4 is 2018-19, then the applicable WPI is

3.45% and the indexed ARR for the year

Y4 will be (9) x 1.0345)

12.12%

Sl. No.

Description

2020-21

2021-22

2022-23

(11)

Ceiling Indexed Annual Revenue

Requirement (ARR) as given in Sr. No.

10 above.

82,357

(11A)

ARR forgone

6,438

(12)

Revenue Estimation at the Proposed

indexed SOR within the Ceiling indexed

ARR estimated at Sl. No.11 above (after

Adjustment of Past Surplus) [ (11)-11A)]

As per

Form 4

& Note

75,919

(b) The NSICTPL has furnished in Form 4, the working of revenue estimation for the existing

tariff as well as the proposed tariff for the average of the actual traffic handled by the BOT operator

during the years Y1, Y2 and Y3. As per the said form, the total revenue estimated at the proposed

level of tariff is Rs. 75,919 lakhs.

2020-21 (April 2020 to March 2021), 2021-22 (April 2021 to March 2022) and 2022-23 (April 2022

to March 2023).

(d) The Proposal of NSICT is as follows :

(i) Tariff

Sl. No.

Description

Existing

tariff

Proposed

Tariff

% increase over

the existing tariff

(1)

(2)

(3)

(4)

(5) = (4-3)/3

Tariff Items

Container traffic (in TEUs)

Foreign containers

(1) Loaded Containers

(a) 20 ft containers

7,119 7,619

(b) 20-40 ft containers

10,679 11,429

14,238 15,238

(2) Empty Containers

(a) 20 ft containers

6,198 6,633

(b) 20-40 ft containers

9,298 9,950

12,396 13,266

(3) Reefer Containers

(a) 20 ft containers

7,119 7,619

(b) 20-40 ft containers

10,679 11,429

14,238 15,238

(4) HAZ Containers

(a) 20 ft containers

10,679 11,429

(b) 20-40 ft containers

16,018 17,143

21,357 22,857

(5) ODC Containers

(a) 20 ft containers

10,679 11,429

(b) 20-40 ft containers

16,018 17,143

21,357 22,857

Foreign Transhipment containers

(1) Loaded Containers

(a) 20 ft. containers

4,606 4,929

(b) 20-40 ft. containers

6,909 7,394

9,212 9,858

(2) Empty Containers

(a) 20 ft. containers

3,915 4,190

(b) 20-40 ft. containers

5,872 6,284

7,830 8,379

Others (Restow - Foreign)

(1) Loaded Containers

(a) 20 ft. containers

20,894 22,359

(b) 20-40 ft. containers

31,340 33,539

41,787 44,719

Hatch Cover

Foreign Vessel

15,669 16,768

Coastal

15,669 16,768

Reefer Revenue - Supply of

Electricity

7,667 7,667

Storage

Full

130 139

Empty

1,226 1,312

Storage - Export - FCL& LCL ( 4-7

days)

$ 4.03

New Slab

Other revenue ( Ref Note 4 )

285 305

ITRHO - Shipping Lines

66 66

ITRHO JNPT Terminals

190 190

(ii) Revenue Requirement is foregone by Voluntary adjustment of past surplus at 6438

Lakh per annum.

(e) The WPI occurring between the relevant dates was ascertained from the Ministry of Commerce

& Industry, Government of India. Considering variation in WPI occurring between 1 January 2022

and 1 January 2023, the Authority has approved Annual Indexation of 12.12% (at 100% of the WPI

variation) for computation of indexed ARR as per Clause 2.8 of the Tariff Guidelines, 2019 for tariff

revision proposal filed in the year 2023-24.

(f) M/s NSICTPL submitted a proposal for revision of its general tariff vide letter dated 21st

November 2023 under 2019 Tariff Guidelines seeking an overall increase of 7.00% as compared to

their current tariff.

(g) In accordance with the consultative procedure prescribed, a copy of the proposal of NSICTPL

dated 21st November 2023 was forwarded to the concerned users/ user organisations seeking their

comments. In this regard, one of the users, Maritime Association of Nationwide Shipping Agencies

– India, vide its email dated 29th December 2023 raised a query with respect to free storage period

for ‘Export’ Laden containers that have been reduced to 3 from existing 7 days and that of ‘Exim-

Empty’ Container is Nil. Also, it had raised concerns with respect to increase in the slab of logistics

cost. The said queries are covered by the response provided by NSICTPL in the joint hearing, which

has been produced in the later paragraph.

9. As brought out at preceding para no. 1 and 2 above, the Hon’ble High Court of Bombay has

stayed the last tariff Order passed by TAMP in the year 2012 and has permitted NSICTPL to levy

the then prevailing tariff, which is as per the tariff order dated 30 December 2008 passed by TAMP.

The said Court Order is still in force.

To avoid passing of the Order and implementation of the Order by NSICTPL that could amount to

contravention of the High Court Order, the TAMP while passing it earlier order dated 17th February

2020 has requested NSICTPL to intimate the Hon’ble Bombay High Court about NSICTPL filing a

proposal for General revision of its Scale of Rates (SOR). In this regard, the NSICTPL had furnished

a copy of its intimation to the Hon’ble High Court of Bombay about NSICTPL filing a proposal for

General Revision of its Scale of Rates with JNPA under Tariff Guidelines, 2019.

Thereafter, vide its order dated 19th December 2019, the Hon’ble High Court modified its interim

order dated 2nd July 2012 by clarifying that the amount collected by the NSICTPL pursuant to the

approval and implementation of new tariff policy 2019 shall be subject to the order dated 2nd July

2012 and further orders that may be passed by the Court in the said writ petition.

However, consequently a corrigendum was issued on 15th January 2020 by the Hon’ble High

Court, clarifying that in the earlier order, word ‘not’ shall be added after the word ‘shall’.

Accordingly, the Hon’ble High Court vide above orders has clarified that the amount collected

by the NSICTPL pursuant to the approval and implementation of new tariff policy 2019 shall not

be subject to the order dated 2nd July 2012 and further orders that may be passed by the Court in

the said writ petition.

10.

A joint hearing on the case in reference was held on 3rd January 2024. The NSICTPL

made a presentation of the proposal. At the joint hearing, the representatives of NSICTPL and JNPA

and other users or organisational bodies were present, wherein certain queries were raised by the

trade representatives/ stake holders. Queries raised and their response given by NSICTPL thereon,

are tabulated below:

Sr. No.

Query

Response of NSICTPL

To revisit the proposed tariff in below cases:

• To allow empty storage 2 days’ free instead

of zero days.

• To reconsider the tariff proposal for change

in dwell days of Export full containers, from

7 days to 3 days

• Storage cost / ground rent is very high and

requested to reconsider the proposed tariff

for the same.

• Refer monitoring cost and SSR cost are high

compared to other Terminals and requested

to reduce the tariff

The proposed tariff cannot be revisited

due to following grounds:

• NSICT is eligible to increase tariff

by 17% based on ARR, however it

has proposed moderated increase

@ 7%

• Exim Empty Storage tariff : This is

a measure to reduce inefficiencies

in the logistics chain, improve

utilizations thereby leading to better

service deliveries, hence, important

to retain and maintain. Further,

as explained in presentation,

NSICT has favored trade by doing

moderated increase, and not as per

tariff guidelines.

• Though revised tariff would have

been applicable from April 2023,

but, NSICT is foregoing 9 months’

tariff increase.

• NSICT is also not considering ARR

Deficit of previous years while

framing revised tariff, though it is

allowed to be considered as per the

Tariff Guidelines.

• Export Full containers free dwell

days:- it is in line with the market

and neighbouring terminals It is

as per guidelines, and the current

tariff increase was to be effective

from April 2023; but increased is

proposed now (9 months delay)

To wait for central government guidelines

for revising the Tariff, before proposed tariff

increase.

The proposal is being revised as per

2019 Tariff Guidelines issued by TAMP

and applicable to NSICT.

To Revisit the agreement between Terminal

Operator & JNPA, before proposed tariff

increase.

As per guidelines, we need to frame

the tariff as per guidelines. There is no

requirement for referring agreement.

Effective date of implementation

The new tariff would be applicable after

required approval from JNPA – within

30 days from approval.

11. Based on the scrutiny of the proposal, the NSICTPL was requested vide email dated 4th

December 2023 and various telephonic communication to furnish additional information/ clarification.

The NSICTPL has responded vide its e-mails dated 4th December 2023, 19th December 2023 and 20th

December, 2023. The information sought and the response of the NSICTPL thereon are tabulated

below :

Sr.

No.

Information Sought

Response of NSICTPL

ARR Computation

Adjustment in respect of items wherein

there is variation in figures reported in IND

AS and IGAAP.

-If financials are as per IND AS how is it

that there is no amount appearing in the

above mentioned caption?

There are no expenses where the treatment

differs in IND AS and IGAAP, hence there

is no variation in figures reported.

(i) Interest on loans- Breakup of amounts

considered in the given caption for each

year. Also provide the details as to

where the same is grouped in financial

statements.

(ii) In point 2.3.1 of the Tariff Guidelines

2019, no specification is provided

that interest on loans to the extent

related to JNPA should not be excluded

while giving effect to the adjustments.

Therefore, the same should be considered

while calculating interest on loans to be

excluded.

(i) Breakup of amounts considered and

grouping of the same in financial

statements is furnished.

(ii) Bank guarantee commission paid

by NSICT towards BG issued. This

is not related to interest payment

on Loan and hence it is considered

as an admissible cost and does not

fall under the purview of 2.3.1 of the

Tariff Guidelines 2019. NSICTPL

has claimed the said commission in

previous proposal as well and the same

has been allowed by the TAMP order

dated 20th February 2020.

Royalty/Revenue Share admissible as

per clause 2.2 of the tariff guidelines

Provide supporting document/ministry order

for the second quote of 69.5% considered in

the Form -2 of ARR computation

Refer TAMP order of April 2020 section

11 (v) (d) (i)

We have considered as per admissible

royalty as per Order of April 2020.

III

Fixed Asset statement as per IGAAP

considered in ARR calculation (Form 7)

If there is no variation in IND AS and

IGAAP reporting then why are these

amounts of asset not matching with the

financial statement of respective years?

On the date of transition to IND AS,

the company has availed the deemed cost

exemption in relation to the property plant

and equipment and hence the net block

carrying amount has been considered as

gross block carrying amount on that date.

As per IGAAP, Gross Block and

Accumulated depreciation is continued

basis actual cost of assets and balance of

accumulated depreciation.

There is no difference in Net block

between IND AS and IGAAP which can be

validated with Financials.

भााग दोोन-३९–२

Sr.

No.

Information Sought

Response of NSICTPL

Figures of addition & disposal of assets

shown in GFA schedule does not match with

that in financial statement. Provide correct

working

On the date of transition to IND AS, the

company has availed the deemed cost

exemption in relation to the property plant

and equipment and hence the net block

carrying amount has been considered as -

gross block carrying amount on that date.

While as per IGAAP, Gross Block

and Accumulated depreciation is

continued basis actual cost of assets and

balance of accumulated depreciation.

While there is no difference in Net block

between IND AS and IGAAP which can be

validated with Financials.

With regard to the Working Capital in

Form no. 3:

Provide breakup of inventory considered in

Form 3- Breakup of inventory (item wise).

Refer Note 19 - a) of Financials as at March

31, 2023; Stores and spares consumed

– INR 585.6 Lakhs Six months average

considered as per section 2.6 of Tariff

Guidelines 2019

Sundry Debtors- Financial statement

mentions trade receivables then why is the

same not considered in Form-3.

Refer Note 1 & Note 2 of Form 3 which

state that below two categories of payment

to be considered as sundry debtors and

there is no such payment hence sundry

debtors in not considered -

1. Advance payment of Revenue Share/

royalty to the landlord port flowing from

the contractual obligations

2. Advance payment of lease rental/

license fee to the landlord port

flowing from contractual obligations

Also refer section 2.6 of Tariff guidelines

2019

Cash Expenses- Provide working of cash

expenses considered in Form 3.

Cash expenses are considered as one

month of Total Expenses [Form 1(1)] net

of depreciation [Form 7(c)(2)(ii)

Cash expenses = Total Expenses (Rs.

83,030 Lakhs) less depreciation (Rs. 9,403

Lakhs) = Rs. 73,627 Lakhs

Also refer section 2.6 of Tariff guidelines

2019

Sr.

No.

Information Sought

Response of NSICTPL

Others

Working for ARR Forgone as per guidelines As per telephonic communication it was

informed that the same is due to pending

litigation details of which are provided in

the Covering letter of the proposal. The

amount is derived as a difference between

ARR calculation as per guidelines and

revenue estimation by NSICTPL.

Traffic details considered in Revenue

estimation-

In Form 4, it is indicated that the average

traffic is at 9,31,940 (in Metric Tonnes/

TEUs) and average vessel traffic is at 543

vessels based on the traffic for the years

2020-21 to 2022-23. In the same Form-

4, for revenue estimation, NSICTPL has

considered various container mix. The

aggregate of the said container mix may be

matched with the average traffic of 9,31,940

(in Metric Tonnes/ TEUs) and average

vessel traffic of 543 vessels and a working

in this regard also to be furnished.

In this regard, NSICTPL has furnished

certificate, certifying the traffic for the

years 2020-21 to 2022-23 and the same

matches with the data available with

JNPA.

In Form 4, revenue in respect of Storage -

Export - FCL& LCL (4-7 days) is computed

at Rs.354 Lakhs as per New Slab rate.

Provide such new slab and computation of

Rs.354 Lakhs.

In this regard, NSICTPL has provided with

relevant working for computation of the

said figure as per the new slab.

12. With reference to the totality of the information collected during the processing of this

case, the following position emerges :

(i) The Scale of Rates of Nhava Sheva International Container Terminal Private Limited

(NSICTPL) was last revised by TAMP vide Order dated 14 February 2012, following the Tariff

Guidelines 2005. Vide the said Order, TAMP has effected an across the board reduction of 27.85%

over the then prevailing tariff of NSICTPL (i.e. tariff approved for NSICTPL vide Order no.

TAMP/55/2008- NSICT dated 30 December 2008). Aggrieved by said reduction in its tariff, the

NSICTPL has challenged the tariff order of 14 February 2012 by its Writ Petition No.2954 of

2012 in the Hon’ble High Court of Bombay. The Hon’ble High Court have stayed the operation

of the Order and has permitted the Petitioner i.e. NSICTPL to charge at the old (higher) rates.

The writ petition is yet to be disposed of by the Hon’ble Court.

(ii) In the meanwhile, the Ministry of Shipping (MOS), as a policy direction under Section

111 of the Major Port Trusts Act, 1963, has issued Tariff Guidelines, 2019, for BOT operators who

were previously governed by 2005 Guidelines. Consequent to the issue of the Tariff Guidelines,

2019, by the MOS, the tariff fixation exercise in respect of the NSICTPL is to be governed by

the stipulations contained in the Tariff Guidelines, 2019 and the Working Guidelines issued to

operationalize the Tariff Guidelines, 2019.

(iii) In this backdrop, the NSICTPL came up with a proposal in November 2019 for

revision of its tariff, following the Tariff Guidelines, 2019 and the Working Guidelines issued

to operationalize the Tariff Guidelines, 2019. The revision has been sought by the NSICTPL on

the tariff as approved by TAMP vide its Order dated 30 December 2008, which was being levied

by the NSICTPL based on the Order of the Hon’ble Court. As brought out earlier, the NSICT

भााग दोोन-३९–२अ

has intimated the Hon’ble High Court of Bombay about filing a tariff proposal under the Tariff

Guidelines, 2019 before TAMP. Thereafter, in February 2020, the NSICTPL while furnishing

the additional information/ clarification has filed its revised proposal after rectifying the errors

and incorporating the omission, but without change in the quantum of hike proposed in tariff

in its original proposal of November 2019. The revised proposal of February 2020 along with

the additional information/ clarification furnished by NSICTPL was approved by TAMP vide its

Order dated 20 February 2020, which is now being levied by the NSICTPL based on the Order

of the Hon’ble Court.

(iv) The NSICTPL has filed its proposal for general revision of its Scale of Rates in March

2023. However, taking into account the finalization of accounts of NSICTPL for FY 2022-23

and Tariff Guidelines 2019, NSCITPL was advised to file revised proposal vide e-mail dated

9th October 2023. Accordingly, revised proposal was filed by NSICTPL on 21st November 2023

and thus the said revised proposal of November 2023 along with the additional information/

clarification furnished by NSICTPL during the processing of the case is considered in the

following analysis.

(v) (a) Clause 2.1 of the Tariff Guidelines, 2019 requires the BOT Operator to assess the

Annual Revenue Requirement (ARR) which is the average of the sum of the Actual Expenditure

as per the final Audited Annual Accounts of the immediate preceding three years (Y1), (Y2) and

(Y3) at the time of submitting the proposal subject to certain exclusions as prescribed in Clause

2.2., 2.3.1 and 2.3.2 of the Tariff Guidelines, 2019 and the Working Guidelines issued by TAMP

plus Return at 16% on the Capital Employed obtaining as on 31st March Y3, duly certified by

a practicing Chartered Accountant/ Cost Accountant.

(b) The NSICTPL has assessed the Annual Revenue Requirement (ARR) for the three

years i.e. 2020-21(Y1), 2021-22 (Y2) and 2022-23 (Y3) duly certified by the practicing Chartered

Accountant. The total operating expenditure considered by NSICTPL for the years 2020-21,

2021-22 and 2022-23 for arriving at the average sum of the Actual Expenditure for the respective

years is seen to be as per the Audited Annual Accounts of NSICTPL for the respective years.

where there is variation in figures reported in IND AS (As per Audited Annual Accounts) and

Indian Generally Accepted Accounting Principles (IGAAP) in ARR computation, as prescribed

in Clause 2.3.2 of the Tariff Guidelines, 2019. In this regard, the NSICTPL has clarified that

there is no IND AS adjustments in the financials, in case of the fixed assets, as the NSICTPL has

taken carrying value of the Fixed Assets as per the provision of IND AS transition Accounting

Standards. Based on the above and also since the Form 1 (wherein the said adjustments need

to have been captured) has been certified by a Chartered Accountant, the position as reported

by NSICTPL in this regard is relied upon.

(d) As prescribed in Clause 2.2 and 2.3.1 of the Tariff Guidelines, 2019, the NSICTPL has

excluded the following expenses, which are not admissible in ARR computation, in line with the

provisions prescribed in Clause 2.2 and 2.3.1 of the Tariff Guidelines, 2019. The said adjustments

are brought out for specific mention:

(i) Clause 2.2 of the Tariff Guidelines, 2019, inter alia, stipulates that in those cases

where the bidding process was finalized before 29 July 2003, the ARR computation will take

into account the Royalty/ Revenue share payable to the landlord port by the BOT operator,

to the extent of the next highest bidder. NSICTPL is a BOT operator, who falls in the pre

July 2003 era. Thus, in case of NSICTPL, the Royalty paid by NSICTPL to the Licensor port

JNPA is admissible as an item of cost to the extent of the next highest bidder. Accordingly,

69.50% of the Royalty as reflected in the Audited Annual Accounts for the years 2020-21

to 2022-23 has been considered by the NSICTPL in the computation of ARR, in line with

the clause 2.2 of the tariff guidelines of 2019, which was also followed when the tariff of

NSICTPL was being fixed under 2005 Tariff Guidelines.

In the proceedings relating to the case in reference, the NSICTPL has made a mention

about an Arbitration award, wherein it has been, inter alia, held that the Royalty per TEU

needs to be converted to a Revenue Share and that the JNPA has been directed to amend

the License Agreement. Though the License Agreement between JNPT and NSICTPL has

been reported to have not been amended, it is premature to state that the said award may

have impact on the quantum of the Royalty amount considered in the ARR computation

of NSICTPL.

(ii) As per Clause 2.3.1 (ii) of the Tariff Guidelines, 2019, the NSICTPL has excluded

the interest on loans, provision for bad and doubtful debts, provision for slow moving stores

and spares and unrealised foreign exchange loss as reflected in the Audited Annual Accounts

for the years 2020-21, 2021-22 and 2022-23 respectively.

(iii) Following the provisions prescribed at Clause 2.2, 2.3.1 and 2.3.2 of the Tariff

Guidelines, 2019, and based on the adjustments as effected as brought out above, the average

expense for the years 2020-21 to 2022-23 works out to Rs. 53,291 lakhs.

(vi) (a) As per Clause 2.5 of the Tariff Guidelines of 2019, the NSICTPL has worked out

the figure of Capital Employed. Capital employed comprises of Gross Fixed assets as arrived

as per IGAAP plus capital work in progress as on 31 March 2023. The NSICTPL has furnished

workings/ reconciliation with regard to restatement of Gross fixed assets as per IGAAP vis-a-vis

the Gross fixed assets under IND AS in the Audited Annual Accounts for the year 2022-23, duly

certified by a Chartered Accountant. The capital work in progress has been considered based

on the audited Annual Accounts for the year 2022-23. The Gross fixed assets at Rs. 1,19,185

Lakhs/- and the Capital Work in Progress at Rs. 416 lakhs as on 31 March 2023, as considered

by the NSICTPL are relied upon.

(b) Clause 2.6. of the Tariff Guidelines, 2019 stipulates the norms for determining the

working capital. Working capital comprises of Inventory, Sundry debtors and Cash balances, as

per Clause 2.6 of the Tariff Guidelines, 2019. Limit on inventory for capital spares will be one

year’s average consumption and in case of other items of inventory the limit will be six months’

average consumption of stores excluding fuels. Limit on cash balance will be one month’s cash

expenses. Advance payment of Revenue Share/ royalty and lease rental / license fee to the

landlord port flowing from the contractual obligations is to be treated as sundry debtors.

tune of Rs. 292.79 lakhs, which is seen to be six months average consumption as reflected in

the Audited Annual Accounts for the year 2022-23 (i.e. Rs. 587.57 lakhs /2= Rs. 292.79 lakhs).

The same is considered in the analysis.

(d) The NSICTPL has not considered any amount towards Sundry Debtors as part of

working capital in Form-1. In this regard, the NSICTPL has confirmed that it does not have

any sundry debtors on account of contractual obligation with JNPT as required under clause

2.5 of the Tariff Guidelines, 2019.

(e) To determine the Cash expense, the NSICTPL is reported to have excluded non-cash

expenses such as depreciation. Thereafter, one-month cash balance has been worked out at Rs.

6,135.57 lakhs/- by NSICTPL.

(f) Thus, based on the above the working capital has been worked out at Rs. 6,428.36 lakhs/-

(g) Thus, based on the above, the total capital employed including the working capital

works out to Rs. 1,26,030 lakhs/-.

(vii) As per Clause 2.7 of the Tariff Guidelines, 2019, Return on Capital Employed (ROCE)

at 16% is worked out on Capital Employed, which works out to Rs. 20,165 lakhs/-, which is

considered in the Annual Revenue Requirement (ARR) computation.

(viii) The ARR comprises of the average of the expenditure for the three financial years

2020-21 to 2022-23 plus 16% ROCE. The ARR has been worked out to Rs. 73,456 lakhs/-

(Rs. 53,291 lakhs/- + Rs. 20,165 lakhs/-)

(ix) Further, as per Clause 2.8 of Tariff Guidelines, 2019, the said ARR needs to be indexed

@ 100% of the WPI applicable for the year 2022-23 which is 12.12%. The indexed ceiling ARR

has been worked out to Rs. 82,357 lakhs /- (i.e. Rs. 73,456 lakhs*1.1212).

(x) Based on the Ceiling Indexed ARR as determined at sl. no. (ix) above, the NSICTPL

has drawn the proposed Scale of Rates (SOR), as per clause 2.9 of the Tariff Guidelines, 2019.

(xi) (a) As per Clause 2.10 of Tariff Guidelines, 2019, for drawing the SOR, the traffic to

be considered would be the average of the actual traffic handled by the BOT operator during

the years Y1, Y2 and Y3, duly certified by the concerned port. The average traffic for the years

2022-23 has been considered by the NSICTPL at 9,31,939.67 (in TEUs). The average traffic as

considered by NSICTPL in its working matches with the data available with JNPA.

(b) As per Clause 2.11.1 of Tariff Guidelines, 2019, the BOT Operators have the flexibility to

determine the rates to respond to the market forces based on commercial judgment and draw the

Scale of Rates within the ceiling of indexed ARR, duly certified by a practicing Chartered Accountant.

While drawing up the proposed SOR, the NSICTPL is seen to have proposed increase in some tariff

items and no increase in some tariff items. The overall impact of the proposed changes in the SOR

has been stated to be increased by 7% on the existing tariff being levied by NSICTPL as on date.

The NSICTPL has given detailed working of revenue estimation indicating each of the tariff

items in the proposed SOR for corresponding average traffic for the years 2020-21 to 2022-23, as

required as per Clause 2.11.1. of the Tariff Guidelines, 2019. The said revenue estimation statement

as assessed by the NSICTPL has been duly certified by a Chartered Accountant.

The revenue estimation at the proposal level of tariff as assessed by NSICTPL at Rs. 75,919

lakhs/- is seen to be lower than the Ceiling Indexed Annual Revenue Requirement (ARR) of Rs.

82,357 lakhs/-, as discussed earlier, thereby leaving a gap of Rs. 6,438 lakhs/-, which has been

left uncovered by the NSICTPL.

The existing SOR prescribes no separate storage charges for Export – FCL&LCL containers

up to 7 days at Section 3.9.(2). In the proposed SOR, the NSICTPL has proposed to prescribe

charges for storage period of 4-7 days by reducing the free storage period to 3 days in section as

referred above. The judgment of NSICTPL in this regard is relied upon.

(xii) (a) Before we proceed to consider the revised SOR of NSICTPL, it is pertinent here to

draw reference to Clause 3.1.1 of the Tariff Guidelines, 2019, which stipulates that in case of the

BOT operators, whose tariff have not been reviewed in the past due to litigations pending in the

High Courts on the Tariff Orders passed by this Authority, the surplus/ deficit over and above

the admissible costs and permissible return, if any, arising during the period of litigation will

be subject to either the orders of the respective Courts or as per the treatment to be collectively

decided by the Ministry of Shipping (MOS), concerned Major Port Trust, concerned BOT operator

and TAMP.

(b) As stipulated in Clause 3.1.1 of the Tariff Guidelines, 2019, and based on clarification

/information sought by CITPL (a BOT operator at Chennai Port Trust) and PSA SICAL (a

BOT Operator at V.O Chidambaranar Port Trust) on treatment of past period surplus, a Draft

Policy Framework to decide on the treatment of past period surplus/ deficit, over and above

the admissible costs and permissible return arising during the period of litigation in respect

of BOT Operators who have approached various High Courts and have obtained stay on the

operation of the last tariff Order passed by this Authority, was prepared and forwarded to the

MOS vide our letter no. TAMP/61/2018-Misc dated 26 April 2019, for deliberation by MOS with

the concerned BOT operators, concerned Major Port Trusts and this Authority. The MOS has

been reminded in this regard vide our letters dated 23 July 2019 and 18 November 2019. The

response of MOS is awaited.

(xiii) Without giving the impact of any adjustment of past period surplus during the period of

litigation, the income at the estimated level of tariff has been kept at the ARR level of Rs.823.57

crores, by considering an increase over the existing level of rates being levied by the NSICTPL

i.e. the Court permitted tariff, as discussed in the earlier paragraphs. If any adjustment of

surplus is carried out in the ARR of Rs. 823.57 crores, it may further reduce the ARR and may

warrant a reduction in the quantum of increase as sought by NSICTPL over the existing level

of tariff i.e. the Court permitted tariff.

(xiv) In this regard, it is to state that in case of NSICTPL, neither the Hon’ble High Court

of Bombay has passed Order disposing of the Writ Petition No. 2954 of 2012 paving a way for

treatment of surplus/ deficit, nor has a decision been received from the MOS, on the treatment of

surplus/ (deficit) arising over and above the admissible costs and permissible return during the

period of litigation. However, as mentioned above, the Hon’ble High Court vide its order dated

19th December 2019 and 15th January 2020 has clarified that the amount collected by NSCITPL

pursuant to approval and implementation of new Tariff Policy 2019 shall not be subject to the

order dated 2nd July 2012 and further orders that may be passed by the court in the said writ.

(xv) As brought out earlier, NSICTPL has stated that while it does not admit to any past

surplus, it has voluntarily considered a past period surplus adjustment of Rs. 64.38 crores per

annum aggregating to about crores for a period of three years. As brought out earlier, neither

the writ petition filed by NSICTPL has been disposed of by the Hon’ble High Court of Bombay

paving a way for treatment of surplus/ deficit, nor there has been a Policy Framework from the

MOS. In case of NSICTPL, there is a gap of Rs. 64.38 crore between the indexed ceiling ARR

and the income estimated at the proposed level of tariff. In other words, even if an adjustment

of past period surplus to the tune of Rs. 64.38 crore is effected from the indexed ceiling ARR,

the NSICTPL can still continue to levy its proposed increased rates.

(xvi) Thus, this Authority has decided to earmark an amount of Rs. 64.38 crores, per

annum aggregating to about Rs. 193.14 crores for 3 year to be considered for adjustment towards

adjustment of the past period surplus, whenever the Hon’ble High Court of Bombay passes

Order disposing of the Writ Petition no. No. 2954 of 2012 paving a way for treatment of surplus/

deficit or a decision from the MOS is received on the treatment of surplus/ (deficit) arising over

and above the admissible costs and permissible return during the period of litigation whichever

is earlier. In other words, past period surplus amount to the tune of 64.38 crores per annum is

deemed to have been adjusted in the current exercise upto a period of 3 year and only a surplus

over and above 64.38 crores per annum is to be considered for adjustment in future. It is directed

that NSICT will inform Hon’ble Bombay High Court after approval of tariff revision proposal

by this authority.

(xvii) As per Clause 2.12 of the Tariff Guidelines, 2019, the SOR will be indexed annually

to inflation to the extent of 60% of the variation in Wholesale Price Index (WPI) announced by

the Government of India occurring between 1st January to 31st December of the relevant year.

Such adjusted SOR will come into force from 1st May of the relevant year to 30th April of the

following year. It is relevant here to state that in the instant case indexation for the year 2023-24

is already considered in the ARR and for drawing the SOR. The next annual indexation in SOR

will be applicable from 1st May 2024. That being so, a note is inserted in the SOR to the effect

that the SOR approved by this Authority is subject to automatic annual indexation at 60% of

the WPI to be announced by this Authority. The annual indexation will be from 1st May 2024

and subsequently on 1st May every year. The indexed SOR shall be intimated by the NSICTPL

to the JNPA and the users

13. In the result, and for the reasons given above, and based on a collective application of mind,

this Authority approves the Scale of Rates and conditionalities of the NSICTPL.

14. The revised Scale of Rates and conditionalities of the NSICTPL shall come into

force after expiry of 15 days from the date of notification of the Order passed by this

Authority in the Gazette of India and shall be in force for a period of three years thereafter,

subject to annual indexation. The approval accorded to the Scale of Rates shall automatically

lapse thereafter unless specifically extended by this Authority.

15. The tariff of the NSICTPL has been fixed based on the prevailing information and without

considering any adjustment of past period surplus relating to the period of litigation. Therefore,

whenever the Hon’ble High Court of Bombay passes Order disposing of the Writ Petition no. 2954

of 2012 paving away for treatment of surplus/ deficit or a decision from the MOS is received on the

treatment of surplus/(deficit) arising over and above the admissible costs and permissible return

during the period of litigation whichever is earlier, as stipulated in clause 3.1.1 of the Tariff Guidelines,

2019, the tariff of NSICTPL approved now would be subject to review then, so as to capture the impact

of the surplus that has accrued to NSICTPL during the period of litigation.

16. An analysis of variation will also be made at the time of the next general review of tariff of

NSICTPL at the end of the tariff validity period and adjustment of additional surplus will be made

in the tariff to be fixed for the next cycle, in line with the stipulation contained in Clauses 3.2.1 and

3.2.2 of the Tariff Guidelines, 2019.

UNMESH SHARAD WAGH,

Chairman, JNPA.

NHAVA SHEVA INTERNATIONAL CONTAINER TERMINAL PRIVATE LIMITED

SCALE OF RATES

PREFACE

This Scale of Rates sets out the charges payable to Nhava Sheva International Container

Terminal Private Limited for use of services and facilities provided at the Nhava Sheva International

Container Terminal.

1.0 DEFINITIONS

In this Scale of Rates, unless the context otherwise requires, the following definitions

shall apply:

1.1 “NSICT” means Nhava Sheva International Container Terminal, a company incorporated

in India, its successors and assigns.

1.2 “Coastal Vessel” shall mean any vessel exclusively employed in trading between any port or

place in India to any other port or place in India having a valid coastal license issued by the Director

General of Shipping / competent authority.

1.3 “Container” means the standard ISO container, suitable for the transport and stacking of

cargo and must be capable of being handled as a unit and lifted by a crane with a container spreader.

1.4 “FCL” means Containers said to contain Full Container Load.

1.5 “Foreign going Vessel” shall mean any vessel other than a coastal vessel.

1.6 “Hazardous container” means a Container containing hazardous goods as classified under

IMO.

1.7 “ICD” means Inland Container Depot.

1.8 “LCL” means Containers said to contain Less than full Container Load (Container having

cargo of more-than one importer / exporter).

1.9 “Over Dimensional Container” means a Container carrying over dimensional cargo beyond

the normal size of standard containers and needing special devices like slings, shackles, lifting beam,

etc. Damaged Containers (including boxes having corner casting problem) and Container requiring

special devices for lifting is also classified as Over Dimensional Container.

1.10 “Per day” means per calendar day or part thereof.

1.11 “Reefer” means any Container for the purpose of the carriage of goods, which require

power supply to maintain the desired temperature.

1.12 “Port” means Jawaharlal Nehru Port Authority (JNPA).

1.13 “Shut Out Container” means a container, which has entered the terminal for export for

a vessel as indicated by VIAN and is not connected to the vessel for what so ever reason.

1.14 “Transshipment container” means a Container discharged from one vessel, stored in

NSICT and transported through another vessel.

1.15 “VIAN” means Vessel Identification Advise Number.

2.0 GENERAL

2.1 The SOR approved by the Authority is subject to automatic annual indexation at 60% of

the Wholesale Price Index (WPI) to be announced by the Authority. The Annual Indexation will be

from 1st May every year. The Indexed SOR shall be intimated by the NSICT to the JNPA, users

and to the Authority.

2.1 Containers less than and up-to 20’ in length will be reckoned as one TEU for the purpose

of tariff.

भााग दोोन-३९–३

2.3 In general all charges for containers more-than 20 feet in length and up-to 40 in length

will be 150% of the charges applicable for 20 feet containers.

2.4 Handling charges for containers more-than 40’ in length and up-to 45’ in length will be

200% of the charges applicable for 20 feet containers.

2.5 Containers other than that of standard size requiring special devices / slings / handling

will be charged as per Section 4 below. Such containers will also include damaged containers and

any-other type requiring special devices.

2.6 Container related charges denominated in US dollar terms will be recovered in equivalent

Indian Rupees. For this purpose, the rate notified by the Reserve Bank of India or the rate notified

by the State Bank of India as may be specified from time to time prevalent on the date of entry of the

vessel in to the port limits (in-case of import containers) and on the date of arrival of containers in

the Terminal premises (in case of export containers) shall be reckoned as the day for such conversion.

2.7 All charges worked out shall be rounded off to the next higher rupee on the grand total of

each bill.

2.8 (i) The user shall pay penal interest on delayed payments of any charge under this Scale

of Rates. Likewise, the NSICT shall pay penal interest on delayed refunds.

(ii) The rate of penal interest will be 15% per annum. The penal rate chosen will apply to both

the NSICT and the port users equally.

(iii) The delay in refunds will be counted beyond 20 days from the date of completion of services

or on production of all the documents required from the users, whichever is later.

(iv) The delay in payments by the users will be counted beyond 10 days after the date of raising

the bills by the NSICT. This provision shall, however, not apply to the cases where payment is to be

made before availing the services as stipulated in the Major Port Trusts Act and/or where payment

of charges in advance is prescribed in this Scale of Rates.

2.9. (i) The status of the vessel, as borne out by its certification by the Customs or the Director

General of Shipping, shall be the deciding factor for its classification as ‘coastal’ or ‘foreign-going’

for the purpose of levying vessel related charges; and, the nature of cargo or its origin will not be of

any relevance for this purpose.

(ii) System of classification of vessel for levy of Vessel Related Charges (VRC)

(a) A foreign going vessel of Indian flag having a General Trading Licence can convert to

coastal run on the basis of a Customs Conversion Order. Such vessel that converts into coastal

run based on the Customs Conversion Order at her first port of call in Indian Port, no further

custom conversion is required, so long as it moves on the Indian Coast.

(b) A Foreign going vessel of foreign flag can convert to coastal run on the basis of a

Licence for Specified Period or Voyage issued by the Director General of Shipping and a custom

conversion order.

(iii) Criteria for levy of Vessel Related Charges (VRC) at Concessional Coastal rate and foreign

rate :

(a) In cases of such conversion, coastal rates shall be chargeable by the load port from the

time the vessel starts loading coastal goods.

(b) In cases of such conversion coastal rates shall be chargeable till the vessel completes

discharging operations at the last call of Indian Port; immediately thereafter, foreign going rates

shall be chargeable by the discharge ports.

of Shipping, no other document will be required to be entitled to coastal rates.

(iv) Criteria for levy of Cargo Related Charges (CRC) at Concessional Coastal rate.

(a) Foreign going Indian Vessel having General Trading License issued for ‘worldwide and

coastal’ operation should be accorded applicable coastal rates with respect to Handling Charges

(HC) i.e. ship to shore transfer and transfer from/ to quay to/ from storage yard including

wharfage in the following scenario :

(i) Converted to coastal run and carrying coastal cargo from any Indian Port and

destined for any other Indian Port.

(ii) Not converted* to coastal run but carrying coastal cargo from any Indian Port and

destined for any other Indian Port.

* The Central Board of Excise and Customs Circular No.15/2002-Cus. dated 25th

February 2002 allows carriage of coastal cargo from one Indian port to another port in

India, in Indian flag foreign going vessels without any custom conversion.

(b) In case of a Foreign flag vessel converted to coastal run on the basis of a Licence for

Specified Period or Voyage issued by the Director General of Shipping, and a Custom Conversion

Order, the coastal cargo/ container loaded from any Indian Port and destined for any other Indian

Port should be levied at the rate applicable for coastal cargo/ container.

2.10 The consolidated charges as above include the following elements, viz Stevedoring, use

of Gantry crane, use of transfer crane, lashing / unlashing, stowage planning etc., wharfage on tare

weight of containers and containerized cargo, transportation and contribution towards railway

infrastructure.

2.11 The users will not be required to pay charges for delays beyond a reasonable level

attributable to the NSICT.

2.12 Incase vessel idle due to non-availability or breakdown of the shore-based facilities of

NSICT or any other reasons attributable to the NSICT, rebate equivalent to berth hire charges

payable to JNPA accrued during the period of idling shall be allowed.

3.0 Consolidated charges for movement and handling of containers and containerized

cargo.

SECTION – 1 CHARGES FOR ALL NORMAL AND REEFER CONTAINERS

A. Ship to yard / yard to ship using port crane.

Particulars

Foreign-going

(INR)

Coastal

(INR)

Per Loaded Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

6,572.00

9,858.00

13,144.00

3,943.00

5,914.50

7,886.00

Per ICD Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

6,572.00

9,858.00

13,144.00

3,943.00

5,914.50

7,886.00

Per Empty Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

5,586.00

8,379.00

11,172.00

3,352.00

5,028.00

6,704.00

B. Yard to Rail / Rail to Yard for ICDs only

Particulars

Foreign-going

(INR)

Coastal (INR)

ICD Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 4,0’ in length

Over 40” in length

1,047.00

1,570.50

2,094.00

1,047.00

1,570.50

2,094.00

C. Yard to Truck / Truck to Yard

Particulars

Foreign-going

(INR)

Coastal (INR)

Loaded Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

1,047.00

1,570.50

2,094.00

1,047.00

1,570.50

2,094.00

Empty Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

1,047.00

1,570.50

2,094.00

1,047.00

1,570.50

2,094.00

Note : Normal containers are the general type containers, not falling under any special categories

mentioned subsequently.

SECTION – 2 CHARGES FOR ALL TRANSHIPMENT CONTAINERS

Particulars

Foreign-going

(INR)

Coastal (INR)

Loaded Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

9,858.00

14,787.00

19,716.00

5,915.00

8,872.50

11,830.00

Empty Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

8,379.00

12,568.50

16,758.00

5,027.00

7,540.50

10,054.00

Note:

A transshipment container is the one, which is discharged from one ship, stored in the

yard and transported through other vessel A transshipment container sent to CFS, ICD

or taken delivery locally shall be charged the local container rate.

A Shut out charge as per Section 7 shall apply if, —

(a) The vessel nomination is changed ; or

(b) If the vessel nomination is changed from a later vessel to an earlier vessel after the

earlier vessel is berthed.

SECTION – 3 CHARGES FOR ALL HAZARDOUS CONTAINER

A. Ship to yard using port crane.

Particulars

Foreign-going

(INR)

Coastal

(INR)

Loaded Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

9,858.00

14,787.00

19,716.00

5,915.00

8,872.50

11,830.00

ICD Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

9,858.00

14,787.00

19,716.00

5,915.00

8,872.50

11,830.00

Transshipment Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

14,787.00

22,180.50

29,574.00

8,872.00

13,308.00

17,744.00

Yard to Rail for ICDs only

Particulars

Foreign-going

(INR)

Coastal

(INR)

ICD

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

1,571.00

2,356.50

3,142.00

1,571.00

2,356.50

3,142.00

B. Yard to truck

Particulars

Foreign-going

(INR)

Coastal

(INR)

Loaded

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

1,571.00

2,356.50

3,142.00

1,571.00

2,356.50

3,142.00

SECTION – 4 CHARGES FOR ALL OVER DIMENSIONAL CARGO CONTAINERS.

A. Ship to yard using port crane.

Particulars

Foreign-going

(INR)

Coastal

(INR)

Loaded

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

9,858.00

14,787.00

19,716.00

5,915.00

8,872.50

11,830.00

भााग दोोन-३९–४

Particulars

Foreign-going

(INR)

Coastal

(INR)

ICD

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

9,858.00

14,787.00

19,716.00

5,915.00

8,872.50

11,830.00

Transshipment

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

14,787.00

22,180.50

29,574.00

8,872.00

13,308.00

17,744.00

Empty

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

8,379.00

12,568.50

16,758.00

5,027.00

7,540.50

10,054.00

B. Yard to Rail for ICDs only.

Particulars

Foreign-going

(INR)

Coastal

(INR)

ICD

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

1,571.00

2,356.50

3,142.00

1,571.00

2,356.50

3,142.00

Empty

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

1,571.00

2,356.50

3,142.00

1,571.00

2,356.50

3,142.00

C. Yard to truck

Particulars

Foreign-going

(INR)

Coastal

(INR)

Loaded Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

1,571.00

2,356.50

3,142.00

1,571.00

2,356.50

3,142.00

Empty Container

Not Exceeding 20’ in length

Exceeding 20’ and up-to 40’ in length

Over 40” in length

1,571.00

2,356.50

3,142.00

1,571.00

2,356.50

3,142.00

SECTION 5 – Hatch covers of vessels

Opening hatch cover and replacing it (charge per hatch cover) Rate in US$

A. When placing the hatch cover on the quay

201.99

B. Without placing the hatch cover on the quay

80.83

SECTION 6 – Re-stows FCLs & MTs Rate in US$

Shifting containers within the vessel (per move)

A. Hatch to Hatch shifting

FCL & MT 40’

100.98

FCL & MT 20’

67.32

B. Other than (A).

FCL & MT 40’

404.02

FCL & MT 20’

269.35

Handling charges for containers more than 40’ length and up to 45’ in length will be 200% of

the applicable charges.

SECTION 7 - Shut outs / Denomination of containers

A. Shutouts Charges

Rate in US$

FCL & MT 40’

202.01

FCL & MT 20’

134.67

B. Transportation of shutout containers

Rate INR

FCL & MT 40’

6,462

FCL & MT 20’

4,308

Note : In the case of Shutout Container, the free storage period will be given to the Container in

accordance with free storage period prescribed at Serial no.5 of Section 9 from the time the

container is first received till the shutout event. If the free storage period is exceeded, storage

charges shall be calculated after the expiry of the free period up to the time of lift on.

Handling charges for containers more than 40’ length and up to 45’ in length will be 200% of the

applicable charges for FCL & MT 20’

SECTION 8

(i) Reefer Monitoring and Connection (per 4 hours) Rate in US$

FCL & MT 40’

15.48

FCL & MT 20’

10.31

(ii) Pre- Trip inspection ( including supply of electricity) 62.01

(iii) Cleaning of containers

FCL & MT 40’

4.95

FCL & MT 20’

2.48

Note:

A refrigerated container used for carriage of perishable goods with provision for electrical

supply to maintain the desired temperature is considered a reefer container.

भााग दोोन-३९–४अ

Above tariff does not include parameter setting or repair and maintenance of malfunctioning

reefers. Charges are also applicable to re-stow reefer containers.

Pre-trip inspection of the reefer containers, connection or disconnection services on board

the vessel and cleaning of containers are Optional services and shall be rendered when

requested

Additional electricity charges of US$ 44.16 for 20’ & US$ 66.24 for 40’ per calendar day

will be applicable in case of Reefer Restow Containers also.

Handling charges for containers more than 40’ length and up to 45’ in length will be 200%

of the applicable charges for FCL & MT 20’

SECTION 9 – Dwell time charges

Charges for Container storage

Sl.

Particulars

Rate per container per day or part

thereof (in US $)

Up-to 20’ in

Length

Above 20’

and up-

to 40’ in

Length

Above 40’

in Length

Import-FCL & LCL

0- 3 days

4-15 days

16-30 days

Beyond 30 days

Free

9.19

18.38

36.76

Free

18.38

36.76

73.52

Free

27.57

55.14

110.28

Export – FCL & LCL

0- 3 days

4-7 days

8-15 days

16-30 days

Beyond 30 days

Free

4.03

8.06

16.12

32.24

Free

8.06

16.12

32.24

64.48

Free

12.09

24.18

48.36

96.72

Export / Import – Empty containers

First 15 days

16-30 days

Beyond 30 days

9.19

18.38

36.76

18.38

36.76

73.52

27.57

55.14

110.28

ICD – Import & Export – Loaded & empty

(Moved by Rail)

First 7 days

8-15 days

16-30 days

31 - 45 days

Thereafter

Free

3.99

7.98

15.96

31.92

Free

7.98

15.96

31.92

63.84

Free

11.97

23.94

47.88

95.76

Transshipment – Loaded

First 7 days

8-45 days

Thereafter

Free

9.19

18.38

Free

18.38

36.76

Free

27.57

55.14

Transshipment – Empty

First 15 days

16-30 days

Beyond 30 days

9.19

18.38

36.76

18.38

36.76

73.52

27.57

55.14

110.28

Shutout – Loaded & empty

First 15 days

16-30 days

Beyond 30 days

9.19

18.38

36.76

18.38

36.76

73.52

27.57

55.14

110.28

Change of status to local delivery

First 3 days

4—15 days

16-30 days

Beyond 30 days

Free

9.19

18.38

36.76

Free

18.38

36.76

73.52

Free

27.57

55.14

110.28

torage period for a container shall be reckoned from the day following the day of landing up to the

day of loading / delivery / removal of container. Free dwell time (storage) allowed shall be exclusive

of customs notified holidays and port non-working days.

1. Transshipment containers whose status is subsequently changed to local FCL/LCL/

ICD shall lose the concessional storage charges. The storage charges for such containers shall

be recovered at par with the relevant import containers storage tariff.

2. In case of ICD container, if documentation is submitted within 48 hours of date of

landing of containers, the storage period of 7 free days for loading the container on rail will be

applicable. Else the free storage period prescribed for normal containers will be applicable.

3. Normal import containers subsequently changing the mode of dispatch to rail will enjoy

the free period applicable to normal import containers only.

4. The total storage period for a shutout container shall be calculated from the day following

the day when the container has become shutout till the day of Shipment /delivery.

5. Over high and over dimensional containers shall attract thrice the normal applicable

charges.

6. For hazardous container, the storage charges shall be 25% more under the respective

slabs given above.

7. The users will not have to pay storage charges for the period during which NSICT is

not in a position to deliver/ shift the containers when requested by the users.

8. The storage charges on abandoned FCL containers/shipper owned containers shall be

levied up to the date of receipt of intimation of abandonment in writing or 75 days from the date

of landing of container, whichever is earlier subject to the following conditions:

(i) The consignee can issue a letter of abandonment at anytime.

(ii) If the consignee chooses not to issue such letter of abandonment, the container

Agent/MLO can also issue abandonment letter subject to the condition that,

(iii) The Line shall resume custody of container along with cargo and either take it

back or remove it from the port premises; and

(iv) The Line shall pay all port charges accrued on the cargo and container before

resuming custody of the container.

(v) The container Agent/MLO shall observe the necessary formalities and bear the

cost of transportation and de-stuffing. In case of their failure to take such action within

the stipulated period, the storage charge on container shall be continued to be levied till

such time all necessary actions are taken by the shipping lines for destuffing the cargo.

(vi) Where the container is seized/confiscated by the Custom Authorities and the

same cannot be destuffed within the prescribed time limit of 75 days, the storage charges

will cease to apply from the date the Customs order release of the cargo subject to lines

observing the necessary formalities and bearing the cost of transportation and destuffing.

Otherwise, seized/confiscated containers should be removed by the Lines/consignee from

the port premises to the Customs bonded area and in that case the storage charge shall

cease to apply from the date of such removal.

SECTION 10 - Procedure and Charges for Inter Terminal Transfer of Transshipment

Containers between NSICT and any other terminal at JNPA.

The following procedure and charges for inter-terminal transfer of transshipment containers

between any other terminal at JNPA and NSICT :

(i) Procedure for handling transshipment (TP) containers:

(a) TP containers discharged at other terminals and bound to be loaded at the NSICT,

will be transported by the any other terminals at JNPA to NSICT yard.

(b) Similarly, TP containers discharged at the NSICT and bound to be loaded at the

other terminals at JNPA, will be transported by NSICT to the other terminals at JNPA.

(ii). Charges for handling transshipment (TP) containers:

(a) If a container is discharged by the other terminal and loaded by the NSICT at its

terminal ,the charges will be as under:

(i) 50% of transshipment container handling charges as per the other terminal’s

Scale of Rates will be charged to the Line by the other terminal and in addition, also

levy charge towards inter-terminal transfer as per its Scale of Rates

(ii) For the same container the NSICT will charge 50% of the transshipment

container handling charges as per its Scale of Rates and, in addition, also levy a charge

of INR 1047.00 ( for 20’)/ INR 1435.89 ( for 40’) towards Lift On

(b) If a container is discharged by the NSICT and loaded by the other terminal, the

charges will be as under :

(i) The NSICT will charge 50% of transshipment container handling charges to the

Line as per its Scale of Rates, in addition also levy INR 4,115 (for 20’) or INR 6,172.5

(for 40’) towards inter-terminal transfer and also levy a charge of INR 1047.00 ( for

20’)/ INR 1,435.5 ( for 40’) towards Lift On

(ii) For the same container the other terminal will charge 50% of TP handling

charges as per the other terminal’s Scale of Rates.

SECTION 11 – Other charges

No.

Particulars

Rate per Container (in

INR.)

Not

exceeding

20’ in

length

Exceeding

20’ in length

and up to 40’

in length

(i)

Fixing/ removal of seal

372.00

(ii)

Additional service charge for stacking containers in the

designated yard for customs examination or for any other

purpose, by prior arrangement.

439.00

658.50

(iii)

Charges for shifting within the Terminal for customs

examination or any other purpose and subsequent

loading of containers for delivery with Prior arrangement

with user.

4,115.00

6,172.50

(iv)

POD Change

4,616.00

6,924.00

(v)

Change of status of Container from Rail to Road or vice-

versa

4,616.00

6,924.00

(vi)

Fixing/removal of Hazardous Sticker ( per container )

372.00

(vii)

One Door Open Charges per container

1,860.00

(viii)

Cancellation of documents - per EIR

186.00

(ix)

Non- declaration / Mis declaration of Hazardous

containers

5,579.00

(x)

On- Wheel Customs inspection ( per container)

1,116.00

(xi).

Vessel overstay due to User’s fault - Rate per hour

1,85,973.00

(xii).

Sending Containers survey report / Photo at Gate

through electronic process per container.

744.00

Notes

Cancellation charge applies when EIR is cancelled at the request of customers.

“One Door Open” charge is applicable for handling container which requires only one door

to be kept open (e.g.. Onion) and when door opening and securing is carried by the terminal.

“Fixing of Seal “. Bottle seals shall be fixed on every container arriving at the terminal -

by rail /road/sea without a proper bottle seal on it, prior to allowing its entry. This shall

be done without the written consent of the shipping line. The list of such containers on

which a seal is affixed by the terminal shall be intimated to the lines. Seal charges will be

applicable for removal of seals also.

“Fixing/ removal of Hazardous Sticker”. Hazardous stickers indicating IMCO class only

shall be affixed on a container carrying hazardous cargo. Similarly old stickers on the

container shall be removed from a container carrying non-hazardous cargo. In either case,

the customer has to intimate in writing to NSICT to undertake the said activity, within

the terminal.

On- Wheel Customs inspection. The on-wheel inspection of a container shall be allowed to

a nominated point only, on the written request of the customer. The container doors can

be opened only under customs supervision. No stuffing/ destuffing, even partially, shall

be permitted within the terminal premises.

Non-Declaration/Mis-declaration of Hazardous container. The Customer has to declare the

hazardous nature of the cargo as per the IMCO rules and furnish the relevant hazardous

details to NSICT. The above charges are only for non-declaration/mis-declaration of the

hazardous nature of the container. The liabilities and cost towards the consequences -arising

due to non-declaration or mis-declaration shall, however, be on the customer account.

Handling charges for containers more than 40’ length and up to 45’ in length will be 200%

of the applicable charges for FCL & MT 20’.

Inter Terminal rail handling charges is INR 400/- for 20’ container and INR 800/- for 40’

container at all JNPA terminals. These Charges are subject to modification as and when

new rate structure is agreed between JNPA Terminals.

SECTION 12 –Mandatory User Charge (MUC).

An amount of INR 170/- per container will be levied from 28th October 2021 onwards on all

containers (except transshipment and coastal) handled at the Major Ports and BOT Terminals

operating thereat towards Mandatory User Charge (MUC) for the Logistics Data Bank (LDB) service

rendered by NICDCL for a period of three years thereon i.e upto 27th October 2024 (TAMP/40/2021-

MUC). The approval accorded would automatically lapse thereafter unless specifically extended by

the Authority.

गौतम कुुमार दास / GAUTAM KUMAR DAS,

महाा प्रबंंधक (वि¦त्त),

General Manager (Finance).

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.