TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 29]

CHENNAI, WEDNESDAY, JULY 18, 2018

Aadi 2, Vilambi, Thiruvalluvar Aandu–2049

[85]

DTP—III-2 (29)

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price : Rs. 4.00 Paise.

Part III—Section 2

Statutory Notiﬁ cations and Orders issued by

Heads of Departments.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

CONTENTS

Pages.

V.O.CHIDAMBARANAR PORT TRUST

V.O.Chidambaranar Port Trust (Licensing of Stevedores & Shore Handling Agents)

Regulations, 2018

86-93

JUDICIAL NOTIFICATIONSENT

Amendment to the Tamil Nadu Mediation Rules 2010 ..

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

V.O.CHIDAMBARANAR PORT TRUST

V.O.Chidambaranar Port Trust (Licensing of Stevedores & Shore Handling Agents) Regulations, 2018.

(No.TRA-OFTBL-VSL-STEVE-V2-17-VOL-III (42540)D/1451)

No. SRO C-16/2018.—

In exercise of the powers conferred by section 123 of the Major Port Trusts Act, 1963(38 of 1963), the Board of Trustees

of V.O.Chidambaranar Port Trust hereby makes the following regulation, namely:-

1. Short title and commencement.- (1) These regulations may be called the V. O. Chidambaranar Port Trust (Licensing

of Stevedores and Shore Handling Agents) Regulations, 2018.

(2) These Regulations shall come into force on the date of publication of the approval of the Central Government in

the Ofﬁ cial Gazette in pursuance of sub-section(1) of Section 124, read with sub-section(1) of Section 132 of the Major Port

Trusts Act, 1963(38 of 1963).

Application.-

(1) These regulations shall be applicable for the following activities, namely:-

(a) Stevedoring and Shore Handling activities undertaken by the Port or by the licensed Stevedoring and Shore Handling

agents or by any other agents under any other name;

(b) Stevedoring and Shore Handling by the Build Operate Transfer Terminal Operator as speciﬁ ed in the license

agreement;

(loading) cargo and from the hook point of import (unloading) cargo involving workmen on-shore or whatever practice prevalent

in Ports :

(2) No Agency shall undertake to perform the activities referred to in sub- regulation(1) in the Port unless and until

they are issued a valid licence by the Port for the purpose.

3. Deﬁ nitions.– In these regulations, unless the context otherwise requires, -

(i)

“Act” means the Major Port Trusts Act, 1963 (38 of 1963) ;

(ii)

The applicant shall be a company registered under Companies Act, 2013(18 of 2013) or a partnership ﬁ rm.

(iii) “Board” means the Board of Trustees of the Port of V. O. Chidambaranar constituted under the Act ;

(iv) “Chairman” means Chairman of the Board;

(v) “Form” means the forms annexed to these regulations;

(vi) “Stevedoring” means loading and unloading and stowage of cargo in any form on-board the vessels in Port;

(vii) “Shore Handling” means arranging and receiving the cargo to or from the hook point, inter modal transport from

Wharf to stack yard and vice versa and also receiving and delivering of cargo from or to wagons or trucks and

(viii) “Trafﬁ c Manager” means the Ofﬁ cer for the time being in charge of the Trafﬁ c Department of the V. O. Chidambaranar

Port Trust.

Issue of Stevedoring and Shore Handling License.- (a) The application for issue of Stevedoring and Shore

Handling Licence shall be made by an applicant in Form- A along with requisite documents.

July 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

(b) The Stevedoring and Shore Handling Licence shall be issued on the basis of royalty on the normative tariff

ﬁ xed by Tariff Authority for Major Ports for handling of different cargo items, within the Port and this tariff shall be the

ceiling tariff.

for Major Ports under clause (b).

(d) The ﬁ nancial standing of an applicant shall be able to meet the obligations on account of wage and

compensation under the Workmen's Compensation Act, 1923 (8 of 1923), the Payment of Wages Act, 1936 (4 of 1936),

the Industrial Disputes Act, 1947(4 of 1947), or any other law for the time being in force arising in regard to the workers

and staff employed by such Agent.

(e) The applicant shall deposit a security deposit of ﬁ ve lakhs rupees which shall be refunded or discharged without

interest after adjusting the claims, if any, when the licensee ceases to operate.

(f)

The applicant shall undertake to have in its employment at least six supervisory personnel with minimum two

years experience in cargo handling operations and their proﬁ les have to be enclosed along with the application.

(g) The fee for issue or renewal of Stevedoring and Shore Handling License shall be ﬁ fty thousand rupees plus

applicable taxes for the period of one year or part of a year.

(h) No applicant shall be allowed to work in the Port premises except under a license issued by the Chairman

under these regulations.

(i)

The Chairman may issue Stevedoring and Shore Handling license for a period of three years.

5. Validity and Renewal of Stevedoring and Shore Handling License.-(a) The Stevedoring and Shore Handling

license shall be valid for a period of three ﬁ nancial years from the date of issue.

(b) The daily performance report on capturing productivity achieved by the Stevedoring and Shore Handling agent

in the Form – B shall be submitted by the Stevedoring and shore handling agent to the Trafﬁ c department online.

every month.

(d) Compliance of terms and conditions of the license issued to the agents, safety norms followed by the agents

shall be monitored by Trafﬁ c Manager and a report in this regard to be submitted to the Chairman.

(e) Where the Trafﬁ c Manager ﬁ nds any default on the part of Stevedoring and Shore Handling agent, he shall

cause to issue a warning in the event of ﬁ rst default and in the event of second default, the license of the Stevedoring

and shore Handling Agent shall be liable to be cancelled by the Chairman.

(f) At the end of three years, the license shall be renewed on the basis of the performance reports referred to in

clause (d).

(g) The application for renewal of Stevedoring and Shore Handling Services shall be made three months before

the expiry of the existing license period.

(h) Delayed renewal applications shall not be accepted and the License shall expire on the expiry date.

(i)

The application for renewal of Stevedoring and Shore Handling Services shall be made in the Form – A

(j)

Before issue of renewal of licenses, a report regarding the safety performance compliance of Dock Safety

Statutes shall be obtained from the “Inspector” declared under the Dock Workers (Safety, Health and Welfare) Act,

1986 which shall be taken into consideration while issuing the renewal of the License

(k) If the Stevedore and Shore handling agent fulﬁ ls the required condition and is eligible for renewal but awaiting

safety clearance before expiry of the license period, the Port may permit the Stevedoring operation by such agent on

execution of Indemnity bond.

(l)

In case of Stevedores who do not opt for further renewal their security deposit shall be refunded without any

interest after adjusting the claims, if any, when the license ceases to operate.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

(m) The renewal of the Stevedoring and Shore Handling Services License shall be valid for a period of three

ﬁ nancial years from the date of renewal .

(n)

In the event of loss or defacing of the original license, a duplicate license may be obtained on application

made to the Trafﬁ c Manager on payment of One Thousand rupees.

Migration to the New Stevedoring and Shore Handling Scheme.- The Stevedoring and Shore Handling

Agent who have been issued license before the commencement of this regulation would be deemed to be considered

as a licensee under this regulation:

Provided that any additional requirement to be satisﬁ ed by the licensee based on this regulation, shall be

required to be fulﬁ lled by the licensee within a period of one month.

Change in the name, constitution, to be communicated.-(a) Where the Stevedore Shore Handling is a

partnership ﬁ rm or a company it shall immediately communicate to the Chairman any change of the Director, Managing

Director or partners, as the case may be with a copy of the document in support of such change.

(b) Any change in the name, title or constitution of a ﬁ rm or company holding a Stevedoring Shore Handling

Licence shall be communicated to the Chairman forthwith.

the grant of new license:

Provided that the Chairman may allow such ﬁ rm or company to carry on business till a decision is taken

on such fresh application.

8. Stevedoring and Shore Handling Charges.-(a) The Tariff Authority for Major Ports shall notify the normative

tariff for Stevedoring and Shore Handling activities based on a set of guidelines to be issued by Tariff Authority for

Major Ports which shall be the ceiling tariff and in case of any change in role for Tariff Authority for Major Ports in

future, the Board or the Competent Authority shall ﬁ x and notify the rates based on the same principles.

(b) All customers of V.O.Chidambaranar Port Trust shall be notiﬁ ed on the ceiling tariffs set for Stevedoring and

Shore handling activities and the tariff shall be mandatorily displayed on the Port’s ofﬁ cial website.

such Ofﬁ cer shall be responsible for handling all complaints on violation of Stevedoring and Shore Handling ceiling tariff.

(d) The Port shall charge a royalty as the licence fee for the Stevedoring and Shore Handling licenses.

(e) The Port Trust shall ﬁ x a per Metric Tonne royalty rate uniformly to be paid by all licensees as ﬁ xed by the

Board.

9. Duties and responsibilities of Stevedoring and Shore Handling Agent.– Every Stevedore and Shore Handling

Agent shall be subject to the following duties, obligations and responsibilities during the currency of Stevedoring and

Shore Handling license issued to him by the Chairman, namely:-

(i)

the Stevedore and Shore Handling Agent shall ensure due compliance by all the staff and the workers employed

by him during the operation of landing, loading transporting goods or work incidental thereto, of the provisions of the

Dock Workers ( Regulations of Employment ) Act, 1948 ( 9 of 1948), the Dock Workers (Safety, Health and Welfare)

Scheme, 1961, the Dock Workers (Safety, Health and Welfare) Act,1986 ( 5 of 1986), the Industrial Dispute Act, 1947

(14 of 1947) and the payment of Bonus Act, 1965 (21 of 1965) Minimum Wages Act,1948 (11 of 1948) and rules,

regulations and schemes issued there under, relating to such operations and for the time being in force ;

(ii) the Stevedore and Shore Handling Agent shall undertake to provide minimum equipment or gear either owned

or hired by him ;

(iii) the Stevedore and Shore Handling Agent shall be solely responsible for any accident or damage resulting from

the use of any gear used by him ;

(iv) the Stevedore and Shore Handling Agent shall comply with all accepted safe practices in relation to operations

performed by him ;

July 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

(v) the Stevedore and Shore Handling Agent shall indemnify the Board against all third party claims arising out

of operations performed by him;

(vi) In event of any accident, Stevedore and Shore Handling Agent is liable to settle the claim as per the provisions

of the Workmen's Compensation Act, (1923);

(vii) Whenever casual workers are deployed, the Stevedore and Shore Handling Agent shall ensure that such workers

are covered by the insurance policy;

(viii) If any gear, plant and other property of the Board is damaged in the course of any such operation, the

Stevedore and Shore Handling Agent shall compensate the Board for such loss or damage, the extent of which shall

be decided by the Chairman after carrying out a proper enquiry ;

(ix) The Stevedore and Shore Handling Agent shall agree to refer any dispute or difference between the licensee

and the V. O. Chidambaranar Port Trust as to the payment of compensation, its quantum or any connected question

to a single Arbitrator nominated by the Chairman;

(x) The arbitration procedure shall be governed by the provisions of the Arbitration and Conciliation Act,1996

(26 of 1996);

(xi) The place of arbitration shall be Tuticorin;

(xii) The Stevedore and Shore Handling Agent shall submit promptly any information asked for by the Chairman

or the Trafﬁ c Manager from time to time ;

(xiii) The Stevedore and Shore Handling Agent shall pay scheduled charges to Port in advance and in case of

dues pending, the License shall not be renewed and liable to be cancelled;

(xiv) The Stevedore and Shore Handling Agent shall provide for adequate supervision over the workers employed

by the licensee in order to ensure maximum productivity consistent with the requirements of safety;

(xv) The Stevedore and Shore Handling Agent shall provide all the necessary gear equipment duly tested for the

respective type of cargo;

(xvi) The Stevedore and Shore Handling Agent shall produce the gear, equipment, with necessary annealing and

test certiﬁ cates, for inspection periodically or whenever demanded by the Inspector, Dock Safety or the Trafﬁ c Manager;

(xvii) The Stevedore and Shore Handling Agent shall provide the workers necessary protective safety appliances

appropriate for the type of cargo ;

(xviii) The Stevedore and Shore Handling Agent shall ensure that the workers are available at the work site

throughout the shift period, except during the recess hours and render the normal output and shall take effective steps

to improve the performance whenever output falls below normal ;

(xix) The Stevedore and Shore Handling Agent shall make adequate arrangements for ancillary operations such as

ﬁ lling, stitching and breaking of cargo, stacking of cargo on-board or Shore;

(xx) The Stevedore and Shore Handling Agent shall not assign, transfer or in any manner part with any interest

or beneﬁ t in or under the license to any other person without the prior approval in writing of the Chairman;

(xxi) The Stevedore and Shore Handling Agent shall comply with all the instructions as may be issued from

time to time by the Trafﬁ c Manager in the interest of safety, improved productivity and labour discipline;

(xxii) The Stevedore and Shore Handling Agencies shall publish their tariff along with break up on their web sites;

(xxiii) The Stevedore and Shore handling agencies should comply with all provisions of labour welfare laws strictly

in accordance with the provisions of the laws and the rules, regulations and schemes made hereunder.

10. Cancellation or Suspension of license.-(a) The Port may at any time suspend or cancel the license issued to

a Stevedores and Shore Handling agent for violation of any of the terms of license or for any of the following reasons,

namely:-

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

(i) The Chief Executive Ofﬁ cer of the Stevedore and Shore Handling Agency has been convicted by any court of

law for any offence involving moral turpitude and sentenced in respect, thereof, to imprisonment for not less than six

months, and a period of ﬁ ve years has not elapsed from the date of expiry of the sentence.

(ii) The Agency is found to be charging higher than the ceiling tariff ﬁ xed for Stevedore and Shore Handling

activities in the Port.

(iii) The ﬁ rm does not achieve the performance standards speciﬁ ed in the license on an average over a period of

three months.

(iv) In case of violation of safety regulations and mandatory Dock Safety measures.

(v) In case of adopting improper and unsafe handling methods.

(vi) In case of misrepresentation or misstatement of material facts.

(vii) The Agency is adjudged insolvent or going into liquidation.

(viii) Transfer of the Stevedoring operations or subletting of the license to any other person.

(ix) In case of violation of security related rules and instructions code compliance.

(x) Any other misconduct which in the opinion of the Chairman warrant such cancellation or suspension.

(xi) In case of indulging in illegal or corrupt practices.

(xii) In case of non adherence to labour laws.

(b) No such license shall be cancelled or suspended under this regulation, as the case may be, until the holder

of the license has been given a reasonable opportunity of being heard.

11. Appeal.-Any person aggrieved by any order relating to cancellation or suspension or refusal to issue licenses,

may prefer an appeal in writing to the Chairman of the V.O.Chidambaranar Port or any other higher authority, as the

case may be, within thirty days from the date of receipt of communication of the order of suspension or cancellation.

12. Deployment of workers from Port/CHD/License Holder or outside.-(a) Existing practice of deploying Port

labour by Stevedoring and Shore Handling Services agents may continue and in case, the Port is unable to supply

the requisite workers against the requisition placed by Stevedores and Shore Handling agent, the Port may allow the

Stevedoring and Shore Handling Services agent to make their own arrangement for this purpose.

(b) No notional booking or levying of charges shall be made and agents shall not be levied any charges for

labour, in case the Port Trust does not supply the labour.

accordance with the terms of wage settlement arrived at between the Central Government and the Federations of Port

and Dock Workers.

13. Performance Norms.-(a) The Productivity norms for the Stevedore and Shore handling agents shall be calculated

on the basis of “ Berthing Policy for Dry Bulk cargo for Major Ports, 2016” as issued by the Ministry of Shipping.

(b) Performance based penalty and incentives shall be enforced in accordance with the “Berthing Policy for Dry

Bulk cargo for Major Ports, 2016” issued by Ministry of Shipping.

on the Port’s ofﬁ cial website to ensure transparency to the Customers.

14. Training, Use of Modern Technology.-(a) The personnel deployed in Stevedoring and Shore Handling activities

shall be trained in modern methods of cargo handling for improving the productivity, efﬁ ciency and safety.

(b) Specialised training courses for the Stevedoring and Shore Handling operations may be introduced in Indian

Maritime University.

15. Interpretation.- If any question arises as to the interpretation of these regulations, the same shall be decided

by the Board.

July 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

FORM – A

(see clause(a) of regulation 4

and clause (i) of regulation 5)

V.O.CHIDAMBARANAR PORT TRUST

TRAFFIC DEPARTMENT

The Trafﬁ c Manager,

VO Chidambaranar Port Trust.

APPLICATION FORM FOR THE GRANT/RENEWAL OF STEVEDORING LICENCE

Name of the applicant :

Whether

company

registered

under

Companies Act or a partnership ﬁ rm or any

other legal entity (Article of partnership /

Company to be produced) :

Full Address :

Year/s for which license is required :

Name/s of the Steamship Company /

Charterer of ships / Owner of cargo, with

whom the contract for stevedoring their vessel/

cargo subsists or is proposed to be entered:

(proof of Contract for the period covered is to

be appended. The approximate tonnage for

each party is to be indicated):

Previous experience in the ﬁ eld (The cargo

and tonnage stevedored in previous 3 years

to be furnished) :

Amount of ﬁ nancial ability to meet the

obligation on account of wages, compensation

under Workmen’s Compensation Act, etc.

(A Certiﬁ cates from the Bankers as to the

ﬁ nancial ability and PAN Card Xerox) :

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

Whether the applicant has / is willing to

acquire adequate gear for stevedoring the

contracted vessel/cargo? (List of gear with

necessary Certiﬁ cates to be furnished) :

Whether the applicant has / is willing to

have in his employment adequate staff with

experience and conversance with Rules and

Regulations? (A list of the staff and their expe-

rience to be furnished) :

10.

Whether the applicant has cleared all dues, if

any, on account of transactions he had with the

Port Trust? :

11.

Whether

the

applicant

has

made

the

following deposits :-

Licence fee of Rs. 50,000/-

Deposit of Rs. 5. 00 lakh towards liabilities

under the Workmen’s Compensation Act,

1923, Payment of Wages Act, 1936, Industrial

Disputes

Act,

1947,

etc.

meet

contingency valid for the period for which the

licence is required under column 4 of this

Form :

(a) I afﬁ rm that the particulars given are true to the best of my knowledge and belief.

(b) 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 V.O.Chidambaranar Port Trust (Licensing of Stevedoring and Shore Handling Agents)

Regulations, 2018 and to comply with the directions made by the V.O.Chidambaranar Port Trust, from time to time, if the license

is issued/renewed.

Signature of applicant and Seal

July 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

Form-B

(see clause (b) of regulation 5)

V.O.CHIDAMBARANAR PORT TRUST

(TRAFFIC DEPARTMENT)

DAILY PERFORMANCE REPORT

The Trafﬁ c Manager,

V.O.Chidambaranar Port Trust.

Date :

Vessel

Name

LOA

CAS

Cargo/Qty.

(in MT)

Norms

Load/Discharges

Stevedoring Agent

On date

Performance

(in MT)

Qty. Handled

(in MT)

Prop.

Norms

Upto date

Performance

( in MT)

Balance

Signature and Seal

Joint Secretary

Tuticorin,

U. RAJENDRAN,

5th July, 2018.

Trafﬁ c Manager.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

JUDICIAL NOTIFICATIONS

Amendment to the Tamil Nadu Mediation Rules, 2010.

(R.O.C. No. 244-A/2018/TNMCC/HCT/MS)

No. SRO C-17/2018.—

In exercise of the powers conferred by Section 122 of the Code of Civil Procedure, 1908 (Central Act V of 1908) and

clause (d) of sub-section (2) of Section 89 of the said Code, the High Court of Madras hereby proposes the following further

amendment to the Tamil Nadu Mediation Rules, 2010, as amended by Amendment to the said Rules made vide High Court's

R.O.C.No.4711-A/2013/F1, and the same is hereby published as required by Section 122 of the Code for public information.

The Amendment hereby made shall be deemed to have come into force with effect from 23rd September 2010.

DRAFT AMENDMENT TO TAMIL NADU MEDIATION RULES, 2010

To Rule 5(1)(a) of the Tamil Nadu Mediation Rules 2010, in addition to the existing Sub-clauses (i) to (iii).

the following sub-clause (iv) shall be inserted:

"(iv)

Judicial

Ofﬁ cers

with

atleast

years

experience,

which

includes

the

years

standing

at the Bar as Legal Practitioner."

It is further notiﬁ ed that any suggestion or objection to the above said draft amendment may be forwarded to the

undersigned within 30 days of the publication of this Amendment.

High Court, Madras,

R. SAKTHIVEL,

22nd June 2018.

Registrar General.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU