Statutory Notifications and Orders issued by Heads of Departments

©

GOVERNMENT OF TAMIL NADU 2022

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

[R. Dis. No. 197/2009.

[Price: Rs. 14.40 Paise

No.51] CHENNAI, WEDNESDAY, DECEMBER 21, 2022 Margazhi 6, Subakiruthu, Thiruvalluvar Aandu–2053

Part III—Section 2

Statutory Notifications and Orders issued by

Heads of Departments.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

CONTENTS

Pages.

TAMIL NADU STATE TRANSPORT CORPORATION LTD, MADURAI

Tamil Nadu Information Technology (Electronic Service Delivery) Rules 2016. .. .. 114

CHENNAI PORT AUTHORITY

Draft Chennai Port Authority (Meetings of Board, Its powers and Transaction of Business) Regulations, 2022. .. .. .. .. .. 115-120 Revision of General Scale of Rates .. .. .. .. .. 121-144 Revision of Scale of Rates for Estate Rentals .. .. .. .. 145-148

[113]

DTP—III-2 (51)114 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

TAMIL NADU STATE TRANSPORT CORPORATION LTD. MADURAI

Tamil Nadu Information Technology (Electronic Service Delivery) Rules, 2016.

(Ref: TNSTC/MDU/EDP/Reply/2080/B1/2022-6)

No. SRO C-33/2022.

In exercise of the powers conferred by sub-rule (1) of rule 5 of the Tamil Nadu Information Technology (Electronic Service Delivery) Rules 2016, the in-charge officer designation in table (name of the HOD to be filled up) hereby with drawn the public column (2) of the Table below to be the services that can be delivered through and the other relevant particulars as specified Column (3) thereof.

Madurai, 16th December 2022.

A. ARUMUGHAM, Managing Director, TNSTC Madurai Ltd.,Dec. 21, 2022] TAMIL NADU GOVERNMENT GAZETTE 115

CHENNAI PORT AUTHORITY

DRAFT CHENNAI PORT AUTHORITY (MEETINGS OF BOARD, ITS POWERS AND TRANSACTION OF BUSINESS) REGULATIONS, 2022

[RRC/4516/2022/GA]

NO. SRO C-34/2022.

In exercise of the powers conferred by sub-section (2) (a) and (b) of section 72 read with Section 13 and 14 of the Major Port Authorities Act, 2021 and in supersession of the Major Port Trusts (Procedure at Board Meetings) Rules, 1981, the Board of Major Port Authority for Chennai Port hereby makes the following Regulations, namely:-

1. Short title and commencement.-

(1) These Regulations may be called the Chennai Port Authority (Meetings of Board, its Powers and Transaction of Business) Regulations, 2022.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Application.-

These Regulations shall apply to Major Port Authority for Chennai Port

3. Definitions.-

(1) In these Regulations, unless the context otherwise requires,

(2) "Act" means the Major Port Authorities Act, 2021;

(3) "Board" shall have the meaning assigned to it in the Act;

(4) "Chairperson" means the Chairperson of the Board under clause (a) of sub-section (1) of section 3 of the Act;

(5) "Committee" means every committee of the Members and any other person constituted by the Board pursuant to the provisions of sub-section (1) of section 14 of the Act;

(6) "Deputy Chairperson" means the Deputy Chairperson of the Board under clause (b) of sub-section (1) of section 3 of the Act;

(7) "Designated Officer" means any officer of Major Port Authority for Chennai Port entrusted by the Board with the duty and responsibility of issuance of notice, circulation of agenda, recording, circulation and safe keeping of minutes of the meetings of the Board of Major Port Authority for Chennai Port or any Committee thereof.

(8) "Member" in reference to these Regulations, means the Member of the Board under clauses (c), (d), (e) and (f) of sub-section (1) of section 3 of the Act and includes the Chairperson and Deputy Chairperson;

(9) "section" means the section of the Act.

(10) Words and expressions used and not defined in these Regulations but defined in the Act, shall have the same meanings respectively assigned to them in the Act.

4. Frequency, Date and Venue of Board meetings.-

(1) The Board of Major Port Authority for Chennai Port shall hold its first meeting within thirty days of the date of its constitution and thereafter hold a minimum number of four meetings every financial year in such a manner that not more than one hundred and twenty days shall intervene between two consecutive meetings of the Board.

(2) The Board of Major Port Authority for Chennai Port shall from time to time determine, the date and time of its meetings:

Provided that where the Board is unable to do so for any reason, the Chairperson and in his/her absence the Deputy Chairperson or such other person authorised by the Central Government may do so, for reasons to be recorded in writing.

(3) The meetings of the Board of Major Port Authority for Chennai Port shall be held at their respective port premises, except where the Board in advance decides to hold any meeting at any other place for reasons to be recorded in writing.

5. Circulation of Agenda and manner of participation.-

(1) A meeting of the Board shall be called by giving not less than three days' notice in writing to every Member at the address provided by such Member and such notice along with the proposed agenda and all the relevant material for the meeting shall be sent by the Designated Officer by hand delivery or by post or by electronic means:

Provided that a meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that the Member appointed under clause (e) of sub-section (1) of section (3) of the Act shall be present at the meeting.

Provided further that in case of absence of Member appointed under clause (e) of sub-section (1) of section (3) of the Act from any meeting of the Board, the decisions taken in such meeting shall attain finality through the confirmation in the next meeting of the Board.

(2) The notice of the meeting under sub-regulation (1) shall inform the Members regarding the option available to them to participate through video conferencing mode or other audio visual means, and shall provide all the necessary information to enable the Members to participate through video conferencing mode or other audio visual means.

6. Conduct of Meetings of Board

(1) The meeting of the Board shall be presided by Chairperson and if he/she is unable to attend the meeting, the Deputy Chairperson and in the absence of such Deputy Chairperson any other member chosen by Members present among themselves at the meeting or any person authorized by the Central Government. (2) The participation of Members in a meeting of the Board may be either in person or through video conferencing or other audio visual means, which are capable of recording and recognising the participation of the Members and of recording and storing the proceedings of such meetings along with date and time.

(3) At the commencement of the Board meeting, a roll call shall be taken by the Chairperson or the person presiding the Board meeting when every Member participating through video conferencing or other audio visual means shall state, for the record, the following namely:-

(a) name;

(b) the location from where he/she is participating;

(c) that he/she has received the agenda and all the relevant material for the meeting; and (d) that no one other than the concerned Member is attending or having access to the proceedings of the meeting at the location mentioned in clause (b).

(4) (a) After the roll call, the Chairperson or the person presiding the Board meeting, as the case may be, shall inform the Board about the names of persons other than the Members who are present for the said meeting at the request or with the permission of the Chairperson or the person presiding the Board meeting and confirm that the required quorum is complete in accordance with the provisions of sub-regulation (1) of regulation 7.

(b) The Chairperson or the person presiding the Board meeting shall ensure that the required quorum is present throughout the meeting.

(5) The Members of the Board present in the meeting may, with the prior consent of the Chairperson or any other person presiding such meeting, consider and discuss additional items in the meeting which were not previously notified in the agenda circulated under sub-regulation (1) of regulation 5.

(6) The Board or the Designated Officer in this behalf shall take due and reasonable care –

(a) to record proceedings and prepare the minutes of the meeting;

(b) the notice of the Board meeting shall be sent to all the Members in the manner stipulated under sub-regulation (1) of regulation 5.

(7) The statutory and other records which are required to be placed in the Board meeting as per the provisions of the Act shall be placed at the scheduled venue of the meeting and the same shall be deemed to have been accepted by the Members participating through electronic mode, if they have given their consent to this effect and it is so recorded in the minutes of the meeting.

(8) (a) Every participant shall identify himself for the record before speaking on any item of business on the agenda.

(b) If a statement of a Member in the meeting through video conferencing or other audio visual means is interrupted or garbled, the Chairperson or the person presiding the Board meeting shall request for a repeat or reiteration by the Member.

(9) If a motion is objected to and there is a need to put the said agenda item to vote, the Chairperson or the person presiding the Board meeting shall call the roll and note the vote of each Member who shall identify himself while casting his/her vote.

(10) From the commencement of the Board meeting and until the conclusion of such meeting, no person, other than the Chairperson or the person presiding the Board meeting, Members and any other person whose presence is required by the Board, shall be allowed access to the place where any Member is attending the meeting either physically or through video conferencing without the permission of the Board.

(11) At the end of discussion on each agenda item, the Chairperson or the person presiding the Board meeting shall announce the summary of the decision taken on such item along with names of the Members, if any, who dissented from the decision taken by majority.

(12) The Board Major Port Authority for Chennai Port shall observe secretarial standards save and except those contrary to these Regulations with respect to the Board meetings specified by the Institute of Company Secretaries of India constituted under Section 3 of the Company Secretaries Act, 1980, and approved as such by the Central Government.

7. Quorum for meetings of the Board.-

(1) The quorum for any meeting of the Board of Major Port Authority for Chennai Port shall be one-third of its total strength at the time of such meeting or four Members, whichever is higher and the participation of the Members by video conferencing or by other audio visual means shall also be counted for the purposes of quorum under this sub-regulation, unless he/she is to be excluded for any items of business under any provisions of the Act.

Explanation: For the purposes of this regulation, -

(i) any fraction of a number shall be rounded off as one;

(ii) "total strength" means the total number of members appointed as Members of the Board from time to time and shall not include Members whose places are vacant.

(2) The norm adopted by the Board of Major Port Authority for Chennai Port for the purposes of quorum under sub-regulation (1) shall include -

(a) permissibility to allow participation of the Members in the Board meeting by video conferencing or by other audio visual means; and

(b) provision for automatic adjournment where a meeting of the Board could not be held for want of quorum, to such date as may be determined by the Members of the Board present and the notice of such adjournment shall be given to all Members and the business which was to have been brought before the original meeting, had there been a proper quorum, shall be brought before the adjourned meeting. Where at the adjourned meeting also, if the required quorum is not present, then the Members present, shall constitute the quorum; and

(c) procedure for leave of absence of any Member from any particular Board meeting to be approved by the Chairperson or the presiding member of the Board meeting.

8. Passing of resolution by circulation.—

(1) No resolution shall be deemed to have been duly passed by the Board by circulation, unless the resolution has been circulated in draft, together with the necessary papers, if any, to all the Members of the Board at the addresses provided by such Member by hand delivery or by post or by courier, or by electronic means and has been approved by a majority of the Members, who are entitled to vote on the resolution:

Provided that, where not less than half of the total number of Members of the Board for the time being require that any resolution under circulation must be decided at a meeting, the Chairperson or in his/her absence the Deputy Chairperson of the Board or any other member chosen by Members present among themselves at the meeting or such other person authorised by the Central Government shall put the resolution to be decided at a meeting of the Board.

(2) For the purpose of sub-regulation (1), every Member shall be required to give his/her vote of affirmation or denial to the resolution circulated in writing within ten days of receipt. Failure by any Member to submit his/ her vote shall be presumed as denial to the resolution circulated.

(3) A resolution passed under sub-regulation (1) shall be confirmed at a subsequent meeting of the Board and made part of the minutes of such meeting.

9. Expeditious disposal by Board.—

All questions at a meeting of the Board shall be -

(a) dealt with as expeditiously as possible and the Board shall dispose of the same within a period of sixty days from the date of its presentation before the Board:

Provided that where any such question could not be disposed of by the Board within the period specified in sub-regulation (a), the Board shall record the reasons in writing for not disposing of the same within the period so specified and the Chairperson or any other person presiding at such meeting may, after taking into account the reasons so recorded, extend the period referred to in sub-regulation (a) by such period not exceeding ninety days as the Chairperson or such person may consider necessary;

(b) decided by a majority of votes by the Members present and voting and in the case of equality of votes, the Chairperson or in his/her absence, the person presiding the Board meeting shall have a second or casting vote.

10. Meetings of Board through video conferencing or other audio visual means.-

The Board of Major Port Authority for Chennai Port shall comply with the following procedure for convening and conducting the Board meetings through video conferencing or other audio visual means.

(1) The Major Port Authority for Chennai Port shall make necessary arrangements to avoid failure of video or audio visual connection.

(2) The Board or the Designated Officer shall take due and reasonable care –

(a) to safeguard the integrity of the Board meeting by ensuring sufficient security and identification procedures;

(b) to ensure availability of proper and appropriate video conferencing or other audiovisual equipment or facilities for providing transmission of the communications for effective participation of the Members and other authorised participants at the Board meeting;

(c) to store for safekeeping and marking the tape recording(s) or other electronic recording mechanism as part of the records of the Board of Major Port Authority for Chennai Port at least before the time of completion of audit of that particular financial year;

(d) to ensure that no person other than the concerned Member are attending or have access to the proceedings of the Board meeting through video conferencing mode or other audio visual means; and (e) to ensure that participants attending the Board meeting through audio visual means are able to hear and see the other participants clearly during the course of the meeting:

Provided that the persons, who are differently abled, may make request to the Chairperson and in his/her absence to the Deputy Chairperson to allow a person to accompany him.

(3) (a) A Member intending to participate through video conferencing or audio visual means shall communicate his/her intention to the Chairperson at least two days in advance so that the Board is able to make suitable arrangements in this behalf.

(b) In the absence of any intimation under clause (a), it shall be assumed that the Member shall attend the meeting in person.

(4) With respect to every Board meeting conducted through video conferencing or other audio visual means, the scheduled venue of the Board meeting as set forth in the notice convening the Board meeting shall be deemed to be the place of the said meeting and all recordings of the proceedings at the Board meeting shall be deemed to be made at such place.

Explanation- For the purposes of this regulation, "video conferencing or other audio visual" means audio- visual electronic communication facility employed which enables all the persons participating in a meeting to communicate concurrently with each other without an intermediary and to participate effectively in the meeting.

11. Honorarium for attending Board meetings.-

(1) The Chairperson, Deputy Chairperson and Members appointed under clause (c), (e) and (f) of sub-section (1) of section 3 of the Act shall not be entitled to any sitting fees or honorarium for attending meetings of the Board.

(2) The honorarium payable to the Independent Members for attending meetings of the Board shall be at such rate as may be fixed by the Central Government from time to time in this behalf.

12. Powers of Board.-

(1) In furtherance to the powers specified under the Act, the following powers shall also be exercised by the Board of Major Port Authority for Chennai Port:

(a) to take note of the appointment or removal of any person to or in the office of the Chairperson, Deputy Chairperson and other Member of the Board;

(b) to take note of appointment or removal of Major Port Authority for Chennai Port's staff and employees;

(c) to approve quarterly, half yearly and annual financial statements or financial results, as the case may be;

(d) to compound or compromise any claim or demand or any action or suit instituted by or against it for such sum of money or other compensation as it deems sufficient;

(e) where a Board is of opinion that any amount due to or any loss, whether of money or of property incurred by the Board is irrecoverable, to sanction the writing off finally of the said amount or loss;

(f) to archive the records of the Board meetings after such time and in such manner as the Board may deem fit;

(g) to make regulations to provide for any other matter in connection with the administration or operations of Major Port Authority for Chennai Port including but not limited to the following:-

(i) stipulating the term, amount, denomination of and the form and manner in which, and the conditions subject to which the port securities can be issued and transferred;

(ii) the power of one or two or more joint holders of any port security to grant receipts for any interest payable in respect of such security;

(iii) the person, if any, authorised to sign, the manner in which his/her signature may be impressed and the mode of affixing the corporate seal and of attestation of documents relating to port securities issued or to be issued by Major Port Authority for Chennai Port;

(iv) the manner in which payment of interest in respect of port securities is to be made, recorded and acknowledged;

(v) the circumstances, manner, conditions and fee subject to which port securities may be renewed before further payment of interest thereon can be claimed or otherwise;

(vi) the circumstances, manner, conditions and fee subject to which the duplicate port securities may be issued by Major Port Authority for Chennai Port in case of loss, theft or destruction of such securities and the proof of which is to be produced by a person applying for duplicate securities;

(vii) the nature and amount of indemnity to be given by a person applying for the payment of interest on port securities alleged to have been wholly or partly lost, stolen or destroyed, or for the issue of duplicate port securities;

(viii) the conversion, consolidation or sub-division of port securities issued by Major Port Authority for Chennai Port, the conditions and the fee subject to which such port securities may be converted, consolidated or sub-divided and the issuance of new security or securities in lieu thereof; and

(ix) generally, all matters connected with the grant of duplicate, renewed, converted, consolidated and sub-divided securities.

(x) the appointment, promotion, transfer, deputation, retirement, suspension, reduction in rank, compulsory retirement, removal, dismissal of employees of the Major Port Authority for Chennai Port; and the sanction of pay and allowances, leaves, pensions, gratuities, compassionate allowances, advances, and all other terms and conditions of service of employees of the Major Port Authority for Chennai Port.

13. Disclosure by a Member of his/her interest.-

(1) Every Member of the Board who becomes concerned or interested, whether financially or otherwise, which concern or interest is likely to affect prejudicially his/her functions as such Member, shall disclose his/her concern or interest to the Board forthwith when he/she becomes concerned or interested or at the first meeting of the Board held after he/she becomes so concerned or interested and resign forthwith.

(2) Where a Member is subject to an inquiry under Section 5(2) of the Act or has resigned due to any conflict of interest or has made a disclosure of any such interest in respect of any agenda to be taken up in the Board meeting, such Member shall abstain from participating and voting in the Board Meeting until the resignation stands accepted by the Central Government in accordance with Section 8 of the Act or the conclusion of the enquiry under Section 5(2) of the Act.

14. Minutes of proceedings of meeting of Board of Port Authority.-

(1) The Board of Major Port Authority for Chennai Port shall cause minutes of the proceedings of every meeting of the Board, to be prepared, signed and kept at the principal office of the Major Port Authority for Chennai Port within thirty days of the conclusion of every such meeting.

(2) The minutes of proceedings of the meetings of the Board may also be kept by way of micro films or any other authentic modern means or electronic form of safe storing and retrieval of records or printed material produced by a computer, if the same is recognized under any law and subject to the conditions, restrictions or safeguards mentioned in such law.

(3) The minutes of each meeting shall contain a fair and correct summary of the proceedings thereat.

(4) The minutes shall disclose the particulars of the Members who attended the meeting through video conferencing or other audio-visual means.

(5) The minutes shall also contain –

(a) the names of the Members present at the meeting; and

(b) in the case of each decision passed at the meeting, the names of the Members, if any, dissenting from, or not concurring with the decision.

(6) There shall not be included in the minutes, any matter which, in the opinion of the Chairperson or the person presiding the Board meeting–

(a) is or could reasonably be regarded as defamatory of any person; or

(b) is irrelevant or immaterial to the proceedings; or

(c) is detrimental to the interests of the Major Port Authority for Chennai Port.

(7) The Chairperson or the person presiding the Board meeting shall exercise absolute discretion in regard to the inclusion or non-inclusion of any matter in the minutes on the grounds specified in sub-regulation (6). (8) The Designated Officer shall circulate draft minutes of the Board meeting among all the Members within fifteen days of the meeting either in writing or in electronic mode for the comments by the Members. Every Member shall confirm or give his/her comments in writing about the proceedings of that particular meeting in the draft minutes, within ten days, after receipt of the draft minutes failing which his/her approval shall be presumed.

(9) The minutes kept in accordance with the provisions of this regulation shall be evidence of the proceedings recorded therein and shall be duly authenticated with signatures of the Chairperson.

(10) Where the minutes have been kept in accordance with sub-regulation (1) then, until the contrary is proved, the meeting shall be deemed to have been duly called and held, and all proceedings thereat to have duly taken place, and the decisions to have been duly passed.

(11) Only the matters required by this regulation are to be contained in the minutes of the proceedings of a meeting. If the Board of Major Port Authority for Chennai Port has agreed to cause the record of any meeting to be reported circulated or advertised, then the reporting, circulation or advertisement shall be done at the expense of the Major Port Authority for Chennai Port.

15. Invitees at meeting.-

Any person, whose presence at a Board meeting is desired for his/her advice or consultation, may be invited to attend the meeting by the Chairperson or the person presiding the Board meeting.

16. Miscellaneous provisions.-

(1) The provisions of these Regulations shall apply mutatis mutandis to meetings of Committees of Members save and except the provisions of the quorum. The Board will stipulate the quorum requirements for meetings of each committee at the time of appointing the particular committee.

(2) The Chairperson or in his/her absence the Deputy Chairperson of the Board may attend any Committee meeting as ex officio member and whenever the Chairperson or Deputy Chairperson attends any Committee meeting, he/she shall preside over that meeting.

(3) No Member, other than the Chairperson or a person specifically authorized by him, shall give information to the press or any other public media on matters related to the working of Major Port Authority for Chennai Port and decision taken at the Board or Committee meetings.

INDRANIL HAZRA, Secretary, No. 1, Rajaji Salai, Chennai-600 001, Dated 07-11-2022.

Chennai Port Authority.

CHENNAI PORT AUTHORITY

(Ministry of Ports, Shipping & Waterways)

No.1, Rajaji Salai, Chennai – 600 001

NOTIFICATION

(No.SOR/General Revision-2022/2022/F, Dt. 19.12.2022)

NO. SRO C-35/2022.

In exercise of powers conferred under sub-section (1) of Section 27 of The Major Port Authorities Act, 2021 (1 of 2021), the Board of Chennai Port Authority has approved the revision of Scale of Rates along with Performance Standards vide Board Resolution No.144 in its meeting held on 16.12.2022. The Scale of Rates along with Performance Standards shall come into force after expiry of 30 days from the date of notification and shall be in force for a period of 3 years (as per clause 2.9 of the Tariff Policy 2021) subject to annual indexation as mentioned in clause 2.8 of the Tariff Policy 2021. Accordingly, the Board of Chennai Port Authority hereby notifies its revised Scale of Rates along with Performance Standards for information of all concerned as required under clause 4.7 of the Tariff Policy 2021.

D. RAMANA MURTHY Financial Adviser and Chief Accounts Officer.

CHENNAI PORT AUTHORITY

Scale of Rates

TABLE OF CONTENTS

SECTION – 1 DEFINITIONS AND GENERAL TERMS & CONDITIONS

1 1.1 Definitions – General

2 1.2 General Terms & Conditions

6 1.3 Performance Standards

SECTION – 2 VESSEL RELATED CHARGES

2.1 Port Dues

2.1.1 Schedule of Port Dues

7 2.1.2 Concession / Exemption in Port Dues

7 2.2 Pilotage Fees

2.2.1 Schedule of Pilotage Fees

8 2.2.2 Schedule of Shifting Charges

8 2.2.3 Pilotage Fee for Cold Move Operations

8 2.2.4 Pilot Requisition Cancellation / Pilot Detention Charges

8 2.2.5 Charges for Hire of Tugs / Launches

9 2.3 Berth Hire Charges

2.3.1 Schedule of Berth Hire charges

10 2.3.2 Additional Berth Hire Charges

10 2.3.3 Berth Hire charges for Sailing Vessel / Floating Crafts /

11 Bodies / any other vessel

2.3.4 Anchorage Fee

12 2.3.5 Charges for Cruise Vessel

12122 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 SECTION–3 CARGO RELATED CHARGES

3.1 Wharfage

3.1.1 Schedule of Wharfage Charges for Bulk and Break Bulk 13 3.1.2 Wharfage on Containers including Shipper Own Container and MAFI 15 3.1.3 Cargo Free of Wharfage

15 3.2 Charges for permitting Private Cranes inside the Port 17 3.3 Demurrage Charges

3.3.1 Free period for storage of cargo in transit areas

17 3.3.2 Schedule of Demurrage Charges after free period

18 3.3.3 Charges to be recovered from Customs on goods confiscated by Customs 19 3.3.4 Charges for storage of Containers including Shipper Own Container and MAFI 19

20 3.4 Other Cargo Related Charges

SECTION – 4 STEVEDORING AND CLEARING & FORWARDING CHARGES

4.1 Composite rate for deployment of Labour for Stevedoring Operations 21

4.2 Royalty for Stevedoring and Shore handling Operations 21

SECTION – 5 PORT RAILWAY CHARGES

5.1 Rates notified by ChPA

5.1.1 Haulage Charges

23 5.1.2 Charges for use of Electronic In-motion Rail Weigh Bridge 23 5.2 Rates notified by Railway Board

5.2.1 Terminal Handling Charges

23

24 5.2.2 Storage Charges

5.2.3 Demurrage on wagons

24 5.2.4 Stabling Charges on Privately Owned Wagon

24 SECTION – 6 MISCELLANEOUS CHARGES

25 6.1 Embarkation / Disembarkation Charges

25 6.2 Charges for Hire of Port Equipment

25 6.3 Charges for Issuance of License

25 6.4 Charges for erecting Hoardings, Sign Boards, Neon Boards in the Port Premises

26 6.5 Charges for Harbour Entry Permit (HEP)

6.6 Charges for use of Weigh Bridge installed by authorized Private Operators 26

26 6.7 Other Miscellaneous Charges

6.8 Mandatory User Charge for Logistics Data Bank services of DMICDC 27

SECTION – 1

Definitions and General Terms & Conditions

1.1 Definitions – General

In this Scale of Rates (SoR), unless the context otherwise requires, the following definitions shall apply:

(i) "Anchorage" shall mean the area outside the breakwater within the Port limit.

(ii) "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.

(iii) "Cold Move" shall mean movement of vessel without power of the engine of the vessel.

(iv) "Day" shall mean the period of 24 hours starting from 6.00 a.m. of a day and ending at 6.00 a.m. on the following day.

(v) "Demurrage" shall mean charges payable for storage of cargo within port premises beyond free period, as specified in this SoR and shall not apply for cargo stored at areas licensed to port users for such purposes.

(vi) "Enclosed Harbour" shall mean the area within the breakwater upto buoy No.9 opposite to Dufferin Tower at the junction of Eastern and Northern breakwater of Bharathi Dock.

(vii) "Foreign-going vessel" shall mean any vessel other than coastal vessel.

(viii) "Free period" shall mean the period during which cargo or container shall be allowed storage free of Demurrage Charges or Storage Charges, as the case may be, and this period shall be exclusive of Customs notified holidays and Closed holidays declared by the Port. Sundays shall not be excluded for the purpose of calculation of free period unless it falls on Customs notified holidays and / or closed holidays declared by the Port.

(ix) "Full Container Load" (FCL) shall mean a container containing cargo belonging to one importer / exporter.

(x) "Hazardous cargo" shall mean cargo classified as hazardous goods under International Maritime Organization (IMO).

(xi) "Less than a Container Load" (LCL) shall mean a container containing cargo belonging to more than one importer / exporter.

(xii) "Month" shall mean the calendar month.

(xiii) "Port" shall mean Chennai Port Authority (ChPA), unless the context otherwise specifies.

(xiv) "Port Limit" shall mean the limits of Port of Chennai notified by the Central Government in terms of Section 4 (2) of the Indian Ports Act, 1908.

(xv) "Sailing Vessel" shall mean a vessel propelled solely by wind power.

(xvi) "Shift" shall mean the duration of 8 hours constituting 3 shifts in a day.

(xvii) "Shifting" shall mean the movement of a vessel from one berth to another berth or within the same berth beyond a distance of 50 meters or turning around of a vessel within the same berth or movement of a vessel from one berth to anchorage or vice versa within the Port limits.

(xviii) "Shut out cargo / container" shall mean any cargo / container brought into the Port for shipment but not shipped and taken out of the Port on a Customs shut out order.

(xix) "Transshipment" of cargo / container shall mean any cargo / container landed at the Port and subsequently shipped through another vessel to other ports.

(xx) "Vessel Completion Date" (VCD) means the day on which the cargo operation of the vessel is fully completed.

(xxi) "Warping" shall mean movement of vessel with the assistance of ropes from one berth to adjacent berth or within the berth for a distance of less than 50 metres.

(xxii) "Wharfage" shall mean the basic dues recoverable on all cargo / container imported or exported or transshipped within the Port limits or passing through the port, whether porterage was provided by the Port or not.

1.2 General Terms & Conditions

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

(a) A foreign going vessel of Indian flag having a General Trading License 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 Customs 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 License for specified period or voyage issued by the Director General of Shipping and a Customs Conversion order.

(ii) 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.

(c) For dedicated Indian coastal vessels having a Coastal License from the Director General of Shipping, no other document will be required to be entitled to coastal rates.

(iii) 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 License 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.

(iv) (a) Coastal goods transported between an Indian port on east coast and another Indian port on west coast or vice versa, by a vessel through the territorial waters of Sri Lanka, whether or not calling any Port in Sri Lanka in between and without change of vessel in terms of Notification No.38/2018-Customs (N.T.) dated 11th May 2018 of Central Board of Indirect Taxes and Customs shall be eligible for concession in vessel related charges and cargo related charges.

(b) Coastal goods transported between an Indian port on east coast and a river port in India or vice versa, by a vessel through a route passing through the Bangladeshi waters and without change of vessel in terms of Notification No.38/2018-Customs (N.T.) dated 11th May 2018 of Central Board of Indirect Taxes and Customs shall be eligible for concession in vessel related charges and cargo related charges.

(c) The provisions prescribed above shall be subject to adherence to the provisions prescribed in the Order No.TAMP/53/2015-VOCPT dated 26th November 2015 and amendment Order No.TAMP/53/2015-VOCPT dated 10th June 2016.

(v) (a) Vessel related charges shall be levied on ship-owners/steamer agents. All US dollar denominated tariff will be recovered in Indian Rupees after conversion of charges in US dollar terms into its equivalent Indian Rupees at the Reference rate notified by the Reserve Bank of India and in case of non-availability of RBI reference rate, the market buying rate notified by State Bank of India. ChPA may collect dollar denominated tariff in foreign currency in consultation with the Ministry of Ports, Shipping and Waterways and subject to obtaining permission of RBI under Foreign Exchange Management Act, 1999 and ensuring compliance of any other statutory rules/regulations which are laid down for the same.

(b) The day of entry of the vessel into the port limits shall be reckoned as the day for such conversion. In respect of charges on containers, the day of entry of the vessel in the case of import containers and the day of arrival of containers into the port in the case of export containers shall be reckoned as the day for such conversion.

(c) A regular review of exchange rate shall be made once in 30 days from the date of arrival of the vessels in cases of vessels staying in the port for more than 30 days. In such cases the basis of billing shall change prospectively with reference to the appropriate exchange rate prevailing at the time of review.

(d) The vessels shall pay the port dues on entering into the port limits at the rate applicable on the date of entering into port limit.

(vi) (a) The vessel related charges for all coastal vessels should not exceed 60% of the corresponding charges for other vessels.

(b) A coastal vessel shall be liable to pay port charges on coastal rates notwithstanding whether it was berthed on priority or otherwise.

(c) The cargo / container related charges for all Coastal cargo / containers, other than thermal coal, POL including crude oil, Iron Ore and Iron Ore Pellets, should not exceed 60% of the normal cargo / container related charges.

(d) For the purpose of this concession, cargo / container from a foreign port which reaches an Indian Port 'A' for subsequent transshipment to Indian Port 'B' will also qualify in so far as the charges relevant for its coastal voyage.

(e) The charges for coastal cargo / containers / vessels shall be denominated and collected in Indian Rupee.

(vii) (a) The Unit of Measurement for calculation of the port charges are as follows:

i. One unit by weight means 1 Metric Tonne (M.T.) equivalent to 1,000 kilograms.

ii. One unit by volume means 1 Cubic Meter (Cu.m.).

iii. One unit by volume of liquid means 1 Kilolitre (K.L.) equivalent to 1,000 litres.

(b) In calculating the gross weight or measurement by volume or capacity of any individual item, any fractions shall be treated as one unit.

(viii) Users have to pay all the charges/amount in advance for the services to be availed.

(ix) The users will not be required to pay charges for delays beyond a reasonable level attributable to the Port.

(x) Interest on delayed payments / refunds:

(a) Users shall pay interest on delayed payments and the Port shall pay interest on delayed refunds at the same rate. The rate of interest will be 15% p.a. Interest shall be payable for the delayed period, subject to a minimum of Rs.100/-.

(b) The delay in payments by the users will be counted beyond 10 days after the date of raising the bills by the Port. This provision will not apply to the cases where payment is to be made before availing of the services / use of Port properties, as stipulated in the Major Port Authorities Act, 2021 and / or prescribed as a condition in this SoR.

(c) The delay in refunds by the Port 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.

(xi) The minimum charges recovered in any one application / bill shall be Rs.500/- except Harbour Entry Permits.

xii) No refund/recovery shall be made if the amount involved is less than Rs.100/- for all refunds/supplementary claims. This, however, shall not apply for the provisional deposits collected for the services in advance.

(xiii) Vessel related charges shall be collected based on Gross Tonnage (GT) (erstwhile GRT) of the vessel. Deck cargo shall be exempted from assessment of all vessel related charges.

(xiv) (a) Wharfage on Import cargo shall be paid at the rate applicable on the date of commencement of cargo landing operations from the vessel.

(b) Wharfage on Export cargo shall be paid at the rate prevailing on the date of admittance of the cargo by the Port.

(c) Rates in respect of goods to be landed shall be paid immediately on the landing of the goods and rates in respect of goods to be removed from the premises of a Board or to be shipped or exported, or to be transshipped, shall be payable before the goods are so removed or shipped or transshipped.

(xv) (a) The port shall not be responsible to the user or any person for any loss or damage or injury to life arising directly or indirectly from the operations carried out inside the Port. The user shall indemnify the Port against all loss or damage to any property belonging to the port or any other persons including the equipment and/or injury to life of any persons, arising directly or indirectly from the operations inside the Port. The liability of the user shall not be affected by the fact that such loss or damage or injury to life may have arisen due to any act or default of any employee of the port. The user shall also indemnify the port for all liabilities under the Workmen's Compensation Act.

(b) In case of damages to port assets or properties partly or wholly, the user shall deposit anticipated amount for all such charges for damages as assessed by the Port immediately on receipt of the demand, pending determination of the final claim by the Port. In case of total loss, the user shall deposit the book value or market value of the port assets or properties, whichever is higher. If the damage cost is not paid within the time stipulated, the same will be adjusted from any dues payable to the user concerned.

(xvi) (a) The rates prescribed in this SoR are ceiling levels; likewise, rebates and discounts are floor levels. The Port may, if it so desires, charge lower rates and/or allow higher rebates and discounts or increase the prescribed free period.

(b) The Port may also, if it so desires, rationalize the conditionalities prescribed in this SoR.

(c) The Port shall notify the port users such lower rates and/or rationalization of the conditionalities governing the application of such rates and continue to notify the port users any further changes in such lower/ rationalised rates and/or in the conditionalities governing the application of such rates by hosting it on the website and issuing a trade notice.

(xvii) Annual Indexation:

(a) The SoR will be automatically indexed annually to inflation to the extent of 60% of the variation in the Whole Sale Price Index (WPI) as communicated by Indian Ports Association (IPA) or any other Competent Authority decided by the Government based on the average of monthly Whole Sale Price Index (WPI) for all commodities from January to December announced by the Ministry of Commerce and Industry under the Government of India

(b) The Port would, however, be entitled to indexation in tariff at 100% of variation in WPI communicated by the Indian Ports Association (IPA) or any other Competent Authority decided by the Government instead of 60% variation in WPI as mentioned above, from the second year of tariff fixation on achievement of performance standards committed by Chennai Port Authority, as mentioned in Schedule1.3 below. Such adjustment of SoR will be made every year and the adjusted SoR will come into force from 1st May of the relevant year to 30th April of the following year. The next Annual indexation will be from 1st May 2023.

(xviii) (a) As per Clause 6 of the Standard Operating Procedure (SOP) for operation of Indo- Bangladesh Coastal Shipping Agreement (given below), the vessels entering into India from Bangladesh under the Coastal Shipping Agreement between India and Bangladesh are not to be treated as foreign going (FG) vessels.

(b) Port and other charges

(i) Port dues to be levied by the Major Port Authority on the entry of vessels of the Republic of Bangladesh into India under the Coastal Shipping Agreement between the two countries and engaged in inter country trade, will be treated as domestic vessel engaged in coastal shipping and not as Foreign Going (FG) vessels.

(ii) The Major Port Authority shall also on the vessels of the Republic of Bangladesh levy charges for conservancy, pilotage and other specific services at par with those charged from the coastal vessels. The charges will be determined with reference to cargo carrying capacity of the vessels, as applicable to coastal vessel engaged in coastal shipping.

[The clauses (xviii) (b) (i) & (ii) above are subject to the provisions of the Standard Operating Procedure (SOP) of Agreement on Coastal Shipping between the Govt. of the Peoples Republic of Bangladesh and the Govt. of the Republic of India.]Dec. 21, 2022] TAMIL NADU GOVERNMENT GAZETTE 127 (xix) The rates prescribed in this Scale of Rates are excluding taxes and duties. GST and/or any other taxes, including levies, as applicable, from time to time shall be paid in extra.

(xx) Any directions of the Ministry of Ports, Shipping and Waterways, Government of India by way of Circular / Guidelines / Notification from time to time shall prevail over the provisions mentioned in this SoR.

1.3 Performance Standards

End of Section – 1 - - -128 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2

SECTION – 2

Vessel Related Charges

2.1 Port Dues

2.1.1 Schedule of Port Dues

Refer Port Website: www.chennaiport.gov.in for Trade Notices/Circulars on concessional rates, as applicable.

NOTES:

(1) Reduced Gross Tonnage as per the International Tonnage Certificate will be reckoned with for levy of Port Dues in case of tankers with segregated ballast tank.

(2) In case a vessel remains in the Port for more than 30 days, the port dues shall be payable once in thirty days from the day of entry until the vessel leaves the port.

(3) Tankers carrying other than POL and Crude Oil will be eligible for a concession of 15% on Port dues.

2.1.2 Concession / Exemption in Port Dues

2.2 Pilotage Fees

2.2.1 Schedule of Pilotage Fees

Refer Port Website: www.chennaiport.gov.in for Trade Notices/Circulars on concessional rates, as applicable.

2.2.2 Schedule of Shifting Charges

2.2.3 Pilotage Fee for Cold Move Operations

2.2.4 Pilot Requisition Cancellation / Pilot Detention Charges

Notes:

(1) Pilotage fee is a composite fee and shall include one inward and one outward movement. However, in case of vessels availing only one movement (either Inward or Outward), 50% of the charges prescribed in the Schedule 2.2.1 will be levied.

(2) Shifting charges as per Schedule 2.2.2 above shall be levied for movement of a vessel from one berth to another berth within the enclosed harbor or turning around of a vessel within the same berth at the request of the user or for other than 'Port Convenience'.

(3) Shifting of a vessel to anchorage and re-entry at the request of the user or for other than Port Convenience or due to bad weather, shall be considered as a pilotage operation and will attract additional pilotage charges at the rates prescribed in Schedule 2.2.1 above.

(4) No charges shall be levied for the shifting of the vessel for 'Port Convenience' and it shall be defined as mentioned below:

(i) If a working cargo vessel at berth or any vessel at mooring is shifted / un-berthed for undertaking dredging work / hydrographic survey work or for allotting a berth for the dredger or for attending to repairs to berths, maintenance and such other similar works whereby shifting is necessitated by the Port.

(ii) Whenever a vessel is shifted to accommodate another vessel which cannot be berthed at other berths due to the Draft and LOA restrictions.

(iii) Whenever a vessel is shifted to accommodate another vessel having priority at the adjacent berth and unless that vessel shifts, another vessel cannot be berthed at the adjacent-berth due to length restrictions.

(iv) Whenever a vessel is shifted from berth to accommodate another vessel carrying hazardous cargo which needs adjacent-berth to be kept vacant for safety reasons.

(v) Whenever a vessel is shifted to accommodate another vessel on account of handling restrictions on any berth imposed by port or to accommodate suitable vessels at dedicated berth.

(5) For shifting / pilotage of any vessel for the convenience of / benefit of another vessel, on request by the User, the vessel benefited is liable to pay the shifting / pilotage charges for shifting and repositioning of the vessel shifted.

(6) Pilotage will not be compulsory in case of vessels upto 200 GRT. Such vessels may, however seek Pilot services, if they so desire on payment of fees as specified in Schedule 2.2.1 above.

(7) Pilotage will not be compulsory for the crafts licensed under the Chennai Port Harbour Craft rules.

(8) Tankers carrying other than POL and Crude Oil will be eligible for a concession of 15% on Pilotage Fee (Schedule 2.2.1) and Shifting charges (Schedule 2.2.2)

2.2.5 Charges for Hire of Tugs / Launches

2.3 Berth Hire Charges

2.3.1 Schedule of Berth Hire Charges

Refer Port Website: www.chennaiport.gov.in for Trade Notices/Circulars on concessional rates, as applicable.

2.3.2 Additional Berth Hire Charges

Notes:

(1). (a) The period for the purpose of levy of Berth Hire shall be reckoned from the time the vessel occupies (First Line Ashore) the berth till she vacates (Last Line castoff) the berth.

(b) The cargo completion time shall include lashing / unlashing/welding operations, pipeline (Chickson / Manifold) disconnection, fumigation, etc. and shall be reckoned as mentioned in Statement of Facts (SOF).

(2). A vessel berthed alongside berth BD-3 and occupying adjacent berth BD-1 so as to render BD-1 unavailable for other vessel operation, shall, in addition to the berth hire charges payable for the said vessel, attract berth hire charges applicable to a GT of 43000.

(3) (a) Berth Hire Charge shall not be levied after expiry of 4 hours from the time of the vessel signalling its readiness to sail. In case the ship is forced to wait for want of favourable tidal conditions or on account of inclement weather or due to absence of night navigation facilities after calling for pilot, the Berth Hire Charges shall be continued to be levied beyond 4 hours.

(b) A penalty equivalent to Berth Hire Charges for 24 hours shall be levied for a "False Signal" by a vessel.

"False Signal" means a vessel signals its readiness and asks for a pilot in anticipation even when she is not ready for un-berthing due to engine not being ready or cargo operation not completed or such other reasons attributable to the vessel.

(c) The Master/Agents of the vessel shall signal readiness to sail, only in accordance with favourable weather conditions and tidal movements.

(4) Priority / Ousting Priority Charges in addition to Normal Berth Hire Charges as stated below will be applicable:

(a) For providing "Priority Berthing" to any vessel, a fee equivalent to 75% of the Berth Hire Charges calculated for the total period of actual stay at the berth subject to a minimum of Berth Hire Charges for 24 hours shall be levied.

(b) For providing "Ousting Priority" to any vessel, a fee equivalent to 100% of the Berth Hire Charges calculated for the total period of actual stay at the berth subject to a minimum of Berth Hire Charges for 24 hours shall be levied. In addition, pilotage / shifting charges for 'shifting out' and 'shifting in' of the vessel shifted from berth shall be levied on the vessel enjoying ousting priority.

(c) The fee for providing priority / ousting priority as mentioned above shall not be charged for the following categories:

(i) Coastal vessels which will be accorded priority berthing.

(ii) Vessels for which special exemption has been granted by the Ministry of Ports, Shipping & Waterways.

(5) In respect of Vessels coming under "Berth Reservation Scheme", the berth reservation charges shall be paid as per the scheme and direction issued by the Government from time to time.

(6) No Berth Hire will be charged when the vessels idle at the Port's berths when operations cannot take place due to breakdown of the ChPA equipment or power failure or any other reasons attributable to Port. This provision will, however, not apply in the case of vessels idling at berths operated by the private operators licensed by the Port due to reasons not attributable to Port.

(7) If the vessel operations are stopped for more than 24 hours due to dispute between the Master of the Vessel and the Stevedoring Agents / C&F Agent / Importer / Exporter of the cargo, stowage problem, ship- crane repair, etc., Berth Hire Charges at twice the rate of normal Berth Hire Charges as per Schedule 2.3.1 above shall be payable for the period beyond 24 hours and till the operations are resumed.

(8) Tankers carrying other than POL and Crude Oil will be eligible for a concession of 15% on Berth Hire Charges.

2.3.3 Berth Hire Charges for Sailing Vessel / Floating Crafts / Bodies / any other vessel

Note:

The non-commercial powered crafts belonging to the Central Government or a State Government such as the launches of the Defence Service, the Customs, the Police and the Port Health Department that are plying and stationed at the port for their Departmental use, concerning the Port Operations will be exempted from the above Berth Hire Charges.

2.3.4 Anchorage Fee

Notes:

(1) Anchorage charges are applicable for all vessels anchored within the Port limits, except for defence & other Govt. vessels and vessels anchored for Port convenience.

(2) Whenever a vessel is ready for berthing in all aspects and waiting for berth, anchorage charges are not applicable from the time of readiness of the vessel for berthing.

2.3.5 Charges for Cruise Vessels:

Notes:

(1). No other charges like berth hire, port dues, pilotage, passenger fee etc. will be levied.

(2). Further, Cruise ships making

(i) 1-50 calls per year to get 10% rebate

(ii) 51-100 calls per year to get 20% rebate

(iii) Above 100 calls per year to get 30% rebate

End of Section – 2 - - -Dec. 21, 2022] TAMIL NADU GOVERNMENT GAZETTE 133

SECTION – 3

Cargo Related Charges

3.1 Wharfage

3.1.1 Schedule of Wharfage Charges for Bulk and Break Bulk

3.1.2 Wharfage on Containers including Shipper Own Container and MAFI

3.1.3 Cargo Free of Wharfage

Notes:

(1) Wharfage shall be leviable at the rate mentioned under Section 3.1.1 whether in bulk, bagged or any other form.

(2) Assessment of cargo shall be done on the basis of the description of the cargo as given in the Bill of entry / coastal bill of lading in case of import cargo and shipping bill in the case of export cargo, that best fits the item description covered under the above schedule. The description in the invoice and packing list will also be considered, if required.

(3) Wharfage shall be collected at the rates specified in the Schedule on the basis of:

(a) Vessel's draft survey certificate / Vessel's manifested quantity in case of dry bulk cargo;

(b) Weighment certificate in case of excess landed cargo;

(c) Shore tank receipt quantity certified by the surveyor if stored in shore tanks or quantity as per Vessel's ullage report certified by the surveyor in case of direct delivery from the vessel in case of liquid bulk;

(d) Bill of Entry / Shipping Bill / Invoice / Packing list quantity in all other cases.

(4) Ad valorem wharfage on imports shall be calculated on CIF value; on the exports on FOB value; and on coastal cargo on value specified in the Bill of coastal goods. Customs Bill of Entry / Shipping Bill / Bill of coastal goods shall be the main documents for assessing the value of cargo for wharfage purpose and where it is not available, the value will be determined based on Bill of lading/invoice, etc.

(5) Before classifying any cargo under "any other cargo not specified above" – Sl. No.37 of Schedule 3.1.1, the relevant Customs classification shall be referred to find out whether the cargo can be classified under any of the specific categories mentioned in the schedule given above.

(6) Cargo landed from vessel in distress and reshipped in the same vessel, one time wharfage shall be levied as per the above schedule. Likewise, cargo loaded into a vessel and subsequently unloaded due to various reasons and reshipped in the same vessel, no wharfage shall be payable. However, wharfage shall be levied again if the cargo is reshipped in another vessel.

(7) (a) Cargo / Container / MAFI not meant for Chennai Port landed and transshipped shall be assessed for each handling @ 75% of the wharfage applicable to that cargo / container / MAFI. Steamer Agent shall arrange for movement of Cargo / Container / MAFI from one berth to another, if required.

`(b) Cargo / Container / MAFI discharged and re-loaded on the same vessel in the same voyage or transshipped from vessel to vessel directly, shall be assessed for each handling @ 50% of the wharfage applicable to that cargo / container / MAFI.

(c) Cargo / Container / MAFI manifested for Chennai and subsequently amended for 'transshipment', shall be assessed for each handling @ 100% of the wharfage applicable to that cargo / container / MAFI.

(8) Cargo destuffed from / stuffed into LCL containers will attract the wharfage as per Schedule 3.1.1.

(9) "Defence stores" would include 'Bombs, grenades, torpedoes, mines, missiles, and similar munitions of war and parts thereof: cartridges and other ammunition and projectiles and parts thereof, including shot and cartridges wads' coming under Arms, Ammunition, parts and accessories thereof but the reference to "parts thereof" does not include radio or radar apparatus as per note no. 2 of Chapter no. 93 of Customs Tariff of India.

(10) In case of Agreement / MoU entered by the port with the port users for handling cargo at ChPA, the wharfage will be applicable as per the Agreement / MoU.

(11) Cargo brought into the Port for export, if taken out of the Port for any reason, a fee equivalent to wharfage charges applicable for such cargo, is payable irrespective of the cargo stored on transit or rental terms and free period as applicable shall be allowed.

(12) No wharfage shall be applicable for Empty containers permitted for domestic movement as certified by the customs department brought into the Port to stuff cargoes for delivery out of the port or for export. Such containers should leave the Port within 6 shifts including the shift of entry into the port. After 6 shifts, charges for storage would be levied on per day basis at the rate applicable for storage charges for 4 days and beyond as mentioned under 3.3.4.

3.2: Charges for permitting Private Cranes inside the Port for cargo landing/loading operations from Ship to Shore and

vice versa:-

Note:

Charges prescribed in Schedule No. 3.2 are payable for actual deployment of Private Cranes. The above cranage charges shall not be applicable for cargoes loaded/landed for Ro-Ro vessels on their own wheel or by using MAFI/Tug master

3.3 Demurrage Charges

3.3.1 Free period for storage of cargo in transit areas

Notes:

(1) Whenever discharge of Import cargo is suspended or stopped for more than 48 hours for any reason not attributable to Port and / or removal of vessel from the berth before complete discharge of the manifested quantity, free days shall be declared for the cargo already discharged from the date of suspension / stoppage of such discharge. Free days for the balance cargo on board shall be declared after discharge.

(2) The period from the date of commencement of loading of export cargo to the date of completion of loading shall also be free for export cargo.

(3) The total free period prescribed in schedule 3.3.1, Sl. No. 2 (i) & (iii) shall be limited to 20 days and Sl. No. 2 (ii) & (iii) shall be limited to 30 days.

(4) For direct delivery of cargo, a free time of 3 shifts excluding the landing shift shall be allowed, after which demurrage applicable for import cargo shall be levied.

(5) No free days will be allowed for cargo declared as unfit for human consumption by the Competent Authority and destroyed by Port.

(6) When an import cargo is stored in transit terms and then converted into re-export, free period will be considered from the date of filing of export documents like Shipping Bill.

(7) If the shut out cargo is taken out from Transit area /Port premises, upon the request of the Exporter/ Agent enclosing necessary Customs permission, the details of the permission shall be entered in the Export Application and delivery permitted under Special Vehicle Ticket duly forfeiting the wharfage charges and on collection of applicable demurrage charges.

(8) Export cargo if not loaded to a vessel shall be permitted to be loaded to another vessel by amending/crossing the EA. Original admittance date shall be reckoned for calculation of free days. No additional wharfage shall be payable in such cases.

(9) Cargo moved to the transit area not loaded to the designated vessel shall be allowed to be moved back to the plot and allowed to export. Plot storage time will be considered as dies-non and original admittance date in the transit area shall be reckoned for calculation of free days.

3.3.2 Schedule of Demurrage Charges after free period

Notes:

(1) In cases where the wharfage is based on per each unit and on ad valorem, demurrage shall be reckoned with on gross weight (per M.T. or part thereof).

(2) Demurrage leviable in respect of abandoned, uncleared and unclaimed cargo sold by the Port in public auction shall be limited to 6 (six) months from the date of its accrual, or the date of receipt of letter of abandonment by Port, whichever is earlier.

(3) Demurrage leviable in respect of cargo declared as unfit for human consumption by the Competent Authority and destroyed by Port shall be limited to 6 (six) months from the date of its accrual and, or the date of condemnation by the Competent Authority, whichever is earlier. In case the cargo is certified for any other usage, the demurrage shall be levied till the date of clearance.

(4) Cargo detained for the purpose of any examination by a letter of Customs, shall be exempted from demurrage. The demurrage accrual shall resume on release of the cargo by Customs. The intervening period shall be treated as dies-non.

3.3.3 Charges to be recovered from Customs on goods confiscated by Customs

3.3.4 Charges for storage of Containers including Shipper Own Container and MAFI

Notes:

(1) (a) The free period for import containers will commence from the date following the day of landing of the container from the vessel upto the day of loading / delivery / removal of the container.

(b) The free period for export containers will commence from the day the container enters into the Port.

(2) For purposes of calculation of free period, Customs notified holidays and closed holidays declared by the Port shall be excluded.

(3) The storage charges on abandoned FCL containers/Shipper owned containers shall be levied upto the date of receipt of intimation of abandonment in writing or 75 days from the day of landing of container, whichever is earlier subject to the following conditions:

(a) The consignee can issue a letter of abandonment at any time.

(b) If the consignee chooses not to issue such letter of abandonment, the Container Agent (CA)/ Main Line Operator (MLO) can also issue abandonment letter subject to the condition that:

i. the CA / MLO shall resume custody of container along with cargo and either take back it or remove it from the port premises; and

ii. the CA / MLO shall pay all port charges accrued on the cargo and container before resuming custody of the container.

(c) The container Agent / MLO shall observe the necessary formalities and bear the cost of transportation and destuffing. 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.

(d) 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 de-stuffing. 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 charges shall cease to apply from the date of such removal.

3.4 Other Cargo Related Charges

End of Section – 3 - - -140 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2

SECTION – 4

Stevedoring and Clearing & Forwarding Charges

4.1 Composite rate for deployment of Labour for stevedoring operations

Notes:

(1) The above charges shall be paid by the Stevedores prior to the engagement of labour.

(2) The stevedore will be permitted to indent gang for half shift instead of full shift for incoming and finishing vessels, by making payment of charges mentioned for half-shift in the above schedule.

(3) Whenever the services of half shift gang is converted into full shift gang, the Stevedores shall pay one full gang charges over and above the half shift gang charges as a deterrent measure.

(4) In case of shortage of manpower in one category, the available manpower in other categories will be deployed, subject to suitability.

(5) Rates in respect of additional manpower required by stevedores shall be payable as per the schedule above.

(6) The piece-rate incentive shall be paid by the Stevedores at actuals separately, as per the datum issued by the Traffic Department.

4.2 Royalty payable as per CHPA (Licensing of Stevedoring and Shore Handling) Regulations, 2021

Notes:

(1) Every agent shall be liable to pay royalty in advance, prior to calling of the vessel, on the basis of import general manifest quantity, in case of import and on the basis of the quantity declared by the vessel's agent or exporter or export general manifest, in case of export and the actual royalty payable shall be calculated after completion of the vessel's operation based on the total quantum of cargo handled by the agent.

(2) The above Royalty rate is subject to annual indexation to an extent of 60% of the variation in the Wholesale Price Index (WPI) as communicated by the Competent Authority and the indexed royalty will be effective from 1st April of every year.

End of Section – 4 - - -Dec. 21, 2022] TAMIL NADU GOVERNMENT GAZETTE 141

SECTION – 5

Port Railway Charges

5.1 Rates notified by ChPA

5.1.1 Haulage Charges

5.1.2 Charges for use of Electronic In-motion Rail Weigh Bridge

Notes:

(1) The above charges include issuance of weighment Certificate.

(2) Weighment charge against empty wagon shall be levied only if the same is undertaken as per requirement.

5.2 Rates notified by Railway Board

The following Port railway charges are payable at the rates notified / approved by the Railway Board from time to time. The present rates are as follows:

5.2.1 Terminal Handling Charges

5.2.2 Storage Charges

Goods consigned by rail to ChPA are free of storage charges if cleared within 24 hours after the completion of unloading operations. Thereafter, storage charges are payable as follows:

5.2.3 Demurrage on wagons

Demurrage charges are payable beyond the free period notified by the Railway Board as follows:

5.2.4 Stabling charges on privately owned wagons including wagons owned by Container Train Operators:

Notes:

(1) The above charge shall be levied from the time of release to the time of removal for inward rakes & from the time of advice to the time of removal for outward rakes.

(2) The rate of stabling charge will be uniform for all types of wagons (BG 6 wheeled / 8 wheeled / 12 wheeled, etc.). When privately owned stock is detained in the Port railway siding except CITPL 1 & 2 & N & C Yard, Stabling charge will be levied. Stabling charges are not applicable when the wagons are stabled on railway/ port account.

End of Section – 5 - - -Dec. 21, 2022] TAMIL NADU GOVERNMENT GAZETTE 143

SECTION – 6

Miscellaneous Charges

6.1 Embarkation / Disembarkation Charges

Notes:

(1) During the stay of the vessel, the above charges are payable only for the first embarkation / disembarkation, irrespective of no. of times a passenger embark / disembark.

(2) For the cruise vessel, Head Tax (Embarkation / Disembarkation charges) will be levied as per Schedule 2.3.5 6.2 Charges for Hire of Port Equipment

Note:

Charges mentioned in Sl.No.5 is inclusive of overtime charges payable to the Fire Crew for carrying out fire fighting within the port limits.

6.3 Charges for issuance of License

6.4 Charges for erecting Hoardings, Sign boards, Neon boards, etc. in the Port Premises

Note:

The terms & conditions will be as per the letter of permission issued by the Port.

6.5 Charges for Harbour Entry Permit (HEP)

Notes:

(1) The rate for RFID card is Rs.100/- per card including GST.

(2) A penalty equal to respective daily charges will be levied for overstay inside the Port without a valid HEP calculated for the period of overstay from the date of expiry of HEP.

(3) An amount of Rs.1000/- (excluding GST) is to be recovered for release of blacklisted vehicle.

(4) Central /State Government employees on official duty, students on educational visit, visitors approved by the Port administration are exempted from payment of HEP fee.

6.6 Charges for use of Weigh Bridge installed by authorized Private Operators

6.7 Other Miscellaneous Charges

6.8 Mandatory User Charge for Logistics Data Bank services of DMICDC – Rs.170/- per container

(except transhipment and coastal)

Note:

"An amount of Rs.170/- per container will be levied on all containers (except transshipment and coastal) handled at the Major Port Authority 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. The approval accorded would automatically lapse thereafter unless specifically extended by the Authority. "

(Approved by TAMP vide Order No.TAMP/40/2021-MUC dated 15.9.2021 and valid for a period of three years from 28.10.2021, i.e. upto 27.10.2024)

End of Section – 6 - - -Dec. 21, 2022] TAMIL NADU GOVERNMENT GAZETTE 145

CHENNAI PORT AUTHORITY

(Ministry of Ports, Shipping & Waterways)

No.1, Rajaji Salai, Chennai – 600 001

NOTIFICATION

C2/SoR for Estate Rentals Revision/2022/T

No. SRO C-36/2022.

In exercise of powers conferred under sub-section (1) of Section 27 of the Major Port Authorities Act, 2021 (1 of 2021), the Board of Chennai Port Authority has approved the revision of Scale of Rates (SoR) for Estate Rentals vide Board Resolution No.158 in its meeting held on 16.12.2022. The Scale of Rates for Estate Rentals shall come into force after expiry of 30 days from the date of notification (as per clause 2.9 of the Tariff Policy 2021) and shall be in force for a period of 5 years (as per the provisions of Policy Guidelines for Land Management 2015). Accordingly, the Board of Chennai Port Authority hereby notifies its Revised Scale of Rates for Estate Rentals for information of all concerned as required under clause 4.7 of the Tariff Policy 2021.

S. KIRUPANANDASAMY

Traffic Manager.

CHENNAI PORT AUTHORITY

Scale of Rates (SoR) for Estate Rentals

SCALE 1: Licence Fee / Lease Rent for allotment of Lands and Buildings

Note: For those areas that have been declared as private customs bonded area, the rate will be 120% of the rate applicable for such category of the land/ space.

SCALE 2: Charges for Right of Way Permission for laying pipelines in ChPA's premises:

Way leave charges for laying of Pipelines / Conveyors, etc.:

The rate for open area as applicable to the category of space mentioned in Scale-1 above, as the case may be, for the area occupied by the Pipelines / Conveyors, etc.

Note:

(a) For the purpose of Right of Way leave charges, the area occupied by single pipelines should be calculated based on the diameter and length of those pipelines. In case of multi-layer pipeline / conveyor stacks, the physical area occupied by the multilayer pipeline / conveyor stacks should be considered and the respective users should be billed on pro-rata basis. As far as underground pipelines are concerned, if the users establish that the possession of surface area above the underground cross-country pipelines is not physically with them, the area occupied by such pipelines should be considered as 50% of the diameter and length, for the purpose of levy of Right of way charges.

(b) One time Supervision charges @ 15% of the cost of laying of pipelines/cables/conveyors in Port limits before granting way leave permission. This is not applicable for Single Buoy Mooring (SBM)/Single Point Mooring (SPM) / sub-sea pipelines for which the applicable supervisory charges will be decided by Board, on a case to case basis SCALE 3: Licence (Storage) Fees for allotment of land inside Custom bound area for Immediate Storage of Cargo on Vessel to Vessel basis

Note:

(1) Application in the prescribed form, for storage spaces shall be made before storage of goods/materials, to the Traffic Manager, ChPA, stating their acceptance of all risks and responsibilities for goods/materials so stored. Any unauthorized occupation of storage spaces shall be liable for payment at 3 times the licence fee /rent.

(2) The above rates are subject to automatic escalation on par with Estate Rentals as specified in General Conditions, Item No.2.

(3) Licence (Storage) Fee shall be paid in advance. Interest @ 15% shall be levied on the amount due. The interest shall be levied from the date on which the amount becomes due till the date of actual payment, which in no case shall exceed 3 days. If, for any reason, payment is delayed beyond 3 days from the date of the amount becoming due, occupation will be treated as unauthorised.

(4) One month licence fee shall be paid in advance to the Port as Security Deposit which shall be refunded only after the peaceful possession is handed over by the user and after deducting any dues payable to ChPA.

(5) Licence Fee in respect of areas declared as private customs bonded shall be 120% of the rates specified above.

GENERAL CONDITIONS:

1. All conditions governing the licence fee / lease rent / way leave charges shall be as per the Policy Guidelines for Land Management 2015 (PGLM 2015) and subsequent amendments / clarification / instructions issued by the Ministry of Ports, Shipping & Waterways from time to time, shall apply in respect of allotment of land / space / buildings and granting of way leave permission.

2. The rates prescribed above are the base rates applicable with effect from the effective date of implementation as notified by ChPA and are subject to automatic escalation of 2% per annum (compoundable). The Licence Fee / Lease Rent as provided in the Scale of Rates shall get automatically escalated by 2% per annum after expiry of one year from the effective date of implementation of the Scale of Rates. The base rates will be revised after five years with the approval of Competent Authority.

3. The rates prescribed above are excluding taxes and duties. GST and other taxes and duties, as applicable, from time to time shall be paid extra.

4. In addition to the rates prescribed above, the cost of water and electricity consumed every month at the rates fixed by the ChPA from time to time, together with the installation and maintenance charges on electrical / pipeline installations as may be fixed by the ChPA from time to time shall be paid by the Licensee / Lessee.

5. The allotment on monthly licence shall be granted inside / outside custom bound area for a maximum period upto 11 months.

6. If more than one application / request is received for allotment on monthly licence for the same land / space / buildings Inside / Outside Custom bound area, allotment will be made through e-tender cum e-auction.

7. Encroachment / Unauthorised occupation of the Port premises inside / outside custom bound area, will attract levy of Licence Fee at 3 times of normal licence fee until vacation / eviction of the area in case of allotments on monthly licence.

8. In case of allotments on Annual Licence / Lease basis, unauthorised occupation of the Port premises inside / outside custom bound area beyond the licence /lease period, or encroachment, will attract levy of 3 times the Annual Licence Fee / Lease Rent on pro-rata basis, irrespective of the fact whether the land was originally allotted on upfront basis or annual rent basis, till vacation / eviction of the area.

9. The Licensee / Lessee shall comply with all rules and regulations that may from time to time be issued by Corporation of Chennai, the Inspector of explosives, Department of Industrial Policy & Promotion (Explosive Rules 2008), PESO and any other Government / Statutory Agencies)

10. Security Deposit

(i) Security Deposit shall be paid at the time of allotment of land / space / buildings inside / outside custom bound area as a guarantee for the due and faithful performance of the conditions of allotment .

(ii) The land / space allotted inside / outside custom bound area under monthly basis, 3 months Licence Fee shall be paid as security deposit at the time of allotment.

(iii) The land / space allotted inside / outside custom bound area on annual licence/ lease / upfront basis, 2 years Licence Fee / Lease Rent shall be paid as security deposit at the time of allotment as per the following:

(a) The payment of Security Deposit is applicable to Government and Private Parties for the allotment on annual Lease basis.

(b) For the allotment on Upfront Lease basis, the payment of Security Deposit is applicable to Private Parties alone.

(iv) Security Deposit shall be refunded after the land / space is vacated finally, after deducting any dues payable to ChPA.

(v) The delay in refunds by the port will be counted beyond 20 days from the date of completion of services or on production of all documents required from the allottee whichever is later.

11. Interest on delayed payments and action thereon for Non-Payment:

(i) Allotment on monthly basis - Inside / Outside Custom Bound area:

(a) Delay in payment of Licence Fee and other dues shall attract interest at 15% p.a. for the first 15 days beyond the due date. The minimum amount of interest will be Rs.100/- plus GST

(b) If payment is not received within 15 days after the due date, the occupation will be treated as unauthorised and 3 times of normal licence fee shall be payable for that month as Licence Fee, on or before the end of the respective month. Failing which, Security Deposit will be forfeited and Port shall immediately stop all services like cargo services including disconnection of power and water etc., and take any other action.

(c) Further, Action will be taken as per the provisions of Section 28 of the Major Port Authorities Act, 2021 on the goods/materials lying in the licensed /leased premises and as per the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and any other applicable laws in force from time to time, for the recovery of dues and Eviction proceedings.

(d) Further, licence fee at 3 times of normal licence fee will be levied till vacation / eviction of the area.

(ii) Allotment on Annual Licence / Lease / Upfront basis – Inside / Outside Custom Bound area & Permission for

Way Leave

(a) Delay in payment of annual licence fee / lease rent / way leave charges and other dues will attract interest @ 15% p.a from the due date till date of actual payment subject to a maximum period of three (3) months.

(b) If the payment is not received within 3 months from the due date, interest @ 18% p.a. will be levied from 4th month up to six months.

(c) If the licence fee / lease rent and applicable interest is not remitted within six (6) months from the due date, occupation will be treated as unauthorized and charges will be levied as per Sl.No.8 of General Conditions and also Port will immediately disconnect the services like electricity, water and take any other action to avoid continuity of unauthorized occupation.

(d) Further, ChPA shall be entitled to initiate action from the 6th month onwards from the initial due date of Payment under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 / Major Port Authorities Act 2021 and any other applicable laws in force from time to time, for eviction and recovery of the dues to the Port.

(e) ChPA shall also take action to adjust the due amount with any other amount of the licensee/lessee available with ChPA including the Security Deposit amount of the present allotment.

Note: The other terms and conditions and procedures for respective category of allotments shall be in accordance with the Standard Operating Procedures.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU