Statutory Notifications and Orders issued by Heads of Departments

©

GOVERNMENT OF TAMIL NADU 2023

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

[R. Dis. No. 197/2009.

[Price: Rs. 14.40 Paise

No.13] CHENNAI, WEDNESDAY, MARCH 29, 2023 Panguni 15, Subakiruthu, Thiruvalluvar Aandu–2054

Part III—Section 2

Statutory Notifications and Orders issued by

Heads of Departments.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

CONTENTS

Pages.

V.O.CHIDAMBARANAR PORT AUTHORITY, THOOTHUKUDI

General Scale of Rates and Terms & Conditions .. .. .. .. 34-68 DTP—III-2 (13)

[33]34 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

V.O.CHIDAMBARANAR PORT AUTHORITY, THOOTHUKUDI

General Scale of Rates and Terms & Conditions

CHAPTER –I

[No. :FIN-COSTORSOR(SORT)/1/2020-Part(1)]

No. SRO C-5/2023.

1.1. Definitions – General

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

(i) "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 licence issued by the competent authority.

(ii). "Cold move" shall mean the movement of the vessel without the power of the engine of the vessel.

(iii). "Day" shall mean the period starting from 6 a.m. of a day and ending at 6 a.m. on the following day.

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

(v). "Week" shall mean a continuous period of 7 days.

(vi). "Hirer" shall mean all users of the port using any of the appliances of the port.

(vii). "Month" shall mean the period from 1st to end of the calendar month.

(viii). "Port" means both Zone A and Zone B of the Port of Tuticorin. Zone 'A' of the Port shall comprise of all the area other than area in Zone 'B'. Zone 'B' shall comprise the area falling within the limits notified in G.S.R. No.306 (E) in Part II - Section 3 (i) of Gazette of India (Extraordinary), dated 31st March 1979.

(ix). "Sailing vessels" shall mean vessels propelled solely by wind power and includes vessels fitted with mechanical means of propulsion.

(x). "Sea going Steam vessels" shall mean sea-going vessels other than sailing vessels.

(xi). "Shift" shall mean shift of 8 hours as applicable to port employees.

(xii). "Shut out cargo / container" shall mean any cargo / container brought into the Port for shipment but not shipped by the designated vessel. Damaged cargo and cargo rejected by Surveyors of Shippers and moved out of the Port without being exported, shall not be treated as "Shut out Cargo".

(xiii). "Trip" shall mean, movements from one point to another in one direction only. In Zone 'B', service from shore to anchorage shall be treated as one trip, and from anchorage to shore shall be treated as another trip. Ship to ship service shall also be treated as one trip. In other words, service to and fro i.e. from one point to another and back shall be counted as two trips.

(xiv). "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, irrespective of whether porterage was provided by the Port or not.

(xv). "Demurrage" - Charges for storage of cargo in Transit area beyond the Free Period.

1.2. General Terms & Conditions

(i). The status of the vessel, as borne out by its certification by the Customs or the Director General of Shipping, shall be the deciding factor for classifying into 'coastal' or 'foreign-going' category for the purpose of levying vessel related charges; and, the nature of cargo or its origin will not be of any relevance for this purpose.

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

(a). A foreign going vessel of Indian flag having a General Trading Licence can convert to coastal run on the basis of a Customs Conversion Order. Such vessel that converts into coastal run based on the Customs Conversion Order at her first port of call in Indian Port, no further custom conversion is required, so long as it moves on the Indian Coast.

(b). A Foreign going vessel of foreign flag can convert to coastal run on the basis of a license for Specified Period or voyage issued by the Director General of Shipping and a custom conversion order.

(iii). Criteria for levy of Vessel Related Charges (VRC) at Concessional Coastal rate and foreign rate (a). In cases of such conversion, coastal rates shall be chargeable by the load port from the time of the vessel converted into coastal run.

(b). In cases of such conversion coastal rates shall be chargeable till the vessel is converted into foreign run; immediately thereafter, foreign going rates shall be chargeable by the discharge ports.

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

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

(a). Foreign going Indian Vessel having General Trading License issued for 'worldwide and coastal' operation should be accorded applicable coastal rates with respect to Handling Charges (HC) i.e. ship to shore transfer and transfer from/ to quay to/ from storage yard including wharfage in the following scenario:

(i). Converted to coastal run and carrying coastal cargo from any Indian Port and destined for any other Indian Port.

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

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

(v). (a). Vessel related charges shall be levied on shipowners / steamer agents. Wherever rates have been denominated in US dollar terms the charges shall be recovered in Indian Rupees after conversion of US currency to its equivalent Indian Rupees at the reference rate notified by the Reserve Bank of India from time to time. The date of entry of the vessel into the port limit shall be reckoned with as the day for such conversion.

(b). Container related charges denominated in US dollar terms shall be collected in equivalent Indian Rupees based on the reference rate notified by Reserve Bank of India from time to time prevalent on the date of entry of the vessel in case of import containers; and on the date of arrival of the containers into the port in case of export containers.

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

(vii). (a). For the purpose of calculating the dues, the unit by weight shall be 1 tonne or 1,000 kilograms, the unit by volume measurement shall be 1 cubic metre and the unit by capacity measurement for liquids in bulk shall be 1,000 litres.

(b). In calculating the gross weight or measurement by volume or capacity of any individual item, fractions below 0.5 shall be taken as 0.5 unit and fractions of 0.5 and above shall be treated as one unit, except where otherwise specified.

(viii). Interest on delayed payments / refunds:

(a). The user shall pay penal interest on delayed payments under this Scale of Rates. Likewise, the VOCPA shall pay penal interest on delayed refunds.

(b). The rate of interest will be 15.00% p.a.

(c). The delay in refunds by the Port will be counted only 20 days from the date of completion of services or on production of all the documents required from the users, whichever is later.

(d). The delay in payments by the users will be counted only 10 days after the date of raising the bills by the VOCPA. This provision shall, however, not apply to the cases where payment is to be made before availing the services / use of Port's properties.

(ix). Aggregate of all payable bills (including demurrage) payable on cargo handling charges on one consignment shall be subject to a minimum of Rs.500/-36 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 (x). All charges worked out shall be rounded off to the next higher rupee on the grand total of each bill before applicable taxes.

(xi). No refund shall be made unless the amount refundable is Rs.50/- or more. Similarly, short collection upto Rs.50/- will not be demanded by the Port.

(xii). Every requisition for availing the services of craft/equipment/tools & plant shall be accompanied by the hire charges in advance.

(xiii). The hire of floating craft, equipment and tool and plant to the public is not guaranteed normally by the port. The craft/equipment/tool and plant shall be hired out only if available. The VOCPA shall not be responsible to the hirer or any person for any loss or damage or injury to life or property arising directly or in-directly from the use of craft/equipment/tool and plant of any sort or any damage which may occur as a result of non-supply or delay in supply or by the use of the craft/equipment/tool and plant of the port or due to failure of the craft/ equipment/tool and plants at any stage during the period of hire. The hirer shall keep the crafts/equipments in good order and condition and shall be liable for any damage caused to the crafts/equipment/tools and plants during the subsistence of hire and shall make good all damages, whether by accident, by fire or otherwise. The hirer shall indemnify the port and against all loss or damage or injury to life arising directly or indirectly from the use of the craft/equipment/tool and plants during the period of hire to any property belonging to the Board including the crafts/equipment/tools and plants under hire or to any other person or property or break down or any demurrage incurred on cargo. The liability of the hirer 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 hirer shall also indemnify the port for all liabilities under the Workmen's Compensation Act.

(xiv). The cost of repairing the damage sustained by the craft/equipment/tools and plants or appliances or parts thereof that might be broken, missing or specially damaged or lost during the period of hire shall be that actually incurred for the purpose by the VOCPA including the usual indirect charges, centage charges. The cost of replacements, if necessary of a part or in full of the craft/equipment/tools and plants will be either the book value or the current market value whichever is higher.

(xv). In case of damages to crafts, equipment, tools and plants, the hirer shall deposit anticipated amount for all such charges for damages as assessed by the VOCPA immediately on receipt of the demand, pending determination of the actual charges and in case of total loss the hirer shall deposit the book value or market value of the crafts or appliances or properties of the VOCPA 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 Agencies concerned.

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

(b). The cargo / container related charges for all coastal cargo / containers, other than coal used for thermal power plants and POL including crude oil, iron ore and iron ore pellets, as declared in Coastal Bill of Goods should not exceed 60% of the normal cargo / container related charges.

(c). In case of cargo related charges, the concessional rates should be levied on all the relevant handling charges for ship-shore transfer and transfer from / to quay to/ from storage yard including wharfage.

(d). In case of container related charges, the concession will be applicable on all the relevant charges for ship-shore transfer, and transfer from / to quay to / from storage yard as well as wharfage on cargo and containers.

(e). Cargo/ container from a foreign port which reaches an Indian Port 'A' for subsequent transhipment to Indian Port 'B' will be levied the concession charges relevant for its coastal voyage. In other words, cargo/ containers from/to Indian Ports carried by vessels permitted to undertake coastal voyage will qualify for the concession

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

(xvii). (a). The rates prescribed in the Scale of Rates are ceiling levels; likewise, rebates and discounts are floor levels. The Port Authority may, if it so desires, charge lower rates and/or allow higher rebates and discounts.

(b). The port may also, if they so desire rationalise the prescribed conditionalities governing the application of rates prescribed in the Scale of Rates if such rationalisation gives relief to the users in rate per unit and the unit rates prescribed in the Scale of Rates do not exceed the ceiling level.

(c). The ports should, however, notify the public such lower rates and/or rationalisation of the conditionalities governing the application of such rates and continue to notify the public any further changes in such lower rates and/or in the conditionalities governing the application of such rates provided the new rates fixed shall not exceed the rates.

(xviii). The users shall not be required to pay charges for delays beyond a reasonable level attributable to the VOCPA.

(xix). Guidelines on priority berthing of coastal vessels at Major Ports issued by the Ministry of Shipping vide letter No.PT-11033/51/2014-PT dated 4 September 2014:

(a). "Coastal vessels" is defined as 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.

(b). Major ports shall accord priority berthing, at least on one berth, to dry bulk/ general cargo coastal vessels to enable shippers to transport goods from one port in India to another port in India irrespective of origin and final destination of the cargo. This would be in addition to dedicated berth, for handling of Coastal Thermal Coal already existing in Major Ports, if any.

(c). All Major Ports shall accord priority berthing through specific window to coastal container vessels keeping in view the concession agreements and existing allotment of window berthing at the private terminals and availability of container berths operated by the ports.

(d). In respect of POL/ Liquid cargo tankers, existing practices regarding such priorities as prevalent in various ports may continue.

(e). Coastal vessels which are be accorded priority berthing shall not be liable to pay priority berthing charges

(f). There will be no restrictions on berthing of coastal vessel, in addition to the coastal vessel berthed on priority as above, if the same is eligible under normal berthing policy of the port

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

(h). Ports should explore the possibilities of earmarking exclusive berth, storage areas and gates for coastal cargo outside the custom bonded area of the Ports to further facilitate movement of coastal cargoes.

(i). Major Ports shall clearly work out the time limit within which a coastal vessel would be berthed in a particular port. This time limit may differ depending on the cargo and berth. Each Major Port should carry out a detailed exercise and issue a trade notice clearly indicating the upper time limit within which a coastal vessel would be given a berth in the port. As regards priority berthing through a specific window to coastal container vessels, Major Ports should have a detailed discussion with the PPP operator and publish the specific window for coastal container vessels. The above mentioned exercise and publication should be completed within 30 days from the date of issue of these guidelines.

(j). The MIS in the Port should capture data for coastal and foreign vessels cargoes separately. The data so captured shall be monitored and reported internally in the port as well as to IPA and Ministry in separate formal for coastal and foreign vessels."

(xx). In order to decongest the ports and encourage exporters / importers to utilize the port services beyond regular hours, lower charges may be levied for cargo and vessels related services as well as special discount may be offered in port charges for the services rendered after regular hours.

[This condition is incorporated in pursuance to the MOS letter No.PD/14033/101/2015- PD.V dated 3 February 2016 based on which a common adoption Order No.TAMP/14/2016-Misc dated 16 February 2016 is approved by the Authority].

(xxi) (i) Coastal good 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 Notification No.38/2018-Customs (N.T.) dated 11 May 2018 of Central Board of Indirect Taxes and Customs shall be eligible for concession in vessel related charges and cargo related charges.

(ii) Coastal good 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 Notification No.38/2018-Customs (N.T.) dated 11 May 2018 of Central Board of Indirect Taxes and Customs shall be eligible for concession in vessel related charges and cargo related charges.

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

(xxii). (a). The SOR is subject to automatic annual indexation at 100% of the WPI to be annually announced by the Authority. The next annual indexation will be from May 2023 subject to the VOCPA achieving the performance standard notified along with the SOR. If Performance Standards prescribed in the SOR are not achieved, there will be no indexation in the SOR for that particular year.

(b). The port should declare the Performance Standards achieved by it annually for the period 1 January to 31 December vis-à-vis the Performance Standards notified by the Authority at the level committed by the port within one month of end of the calendar year to the concerned users as well as to the Authority. If the Performance Standards as notified by the Authority are achieved by the port, then the port will automatically index the SOR at 100% of WPI announced by the Authority and apply the indexed SOR w.e.f. 1 May of the relevant year. The indexed SOR by the VOCPA to be intimated by the port to the concerned users and to the Authority.

(xxiii). The relevant charges shall be collected from whoever the service receiver to avail all Port services unless until specific exemption / concession specified under the respective schedule of Tariff.

(xxiv). (a). Vessels calling the Port, which are declared as cargo in the Import General Manifest or Export General Manifest for the purposes of Customs Act, 1962, shall not be treated as cargo and no wharfage shall be levied on such vessels, and only vessel related charges would be collected if the vessels come into the port on their own steam and sail out of the port limits on their own steam. However, when loading or unloading of cargo / container takes place to / from such vessel within the Port limits, cargo / container related charges including wharfage shall be applicable as per SoR on such cargo / container declared in the manifest (IGM / EGM).

(b). When a vessel carries another vessel as cargo for discharging in the port, either on the quay, jetty or foreshore (wharf), or loads another vessel as cargo on board itself from such wharf of the Port, in such cases, such loaded or unloaded vessels are "cargo", on which cargo related charges including "wharfage" are leviable.

CHAPTER-II

VESSEL RELATED CHARGES

2.1. SCHEDULE OF PORT DUES

Notes:—

(1). Port Dues shall be collected based on the GRT of the vessel. Deck Cargo shall be exempted from assessment of Port Dues.

(2). For oil tankers with segregated ballast, the reduced gross tonnage that is indicated in "Remarks" column of its International Tonnage Certificate will be taken to be its gross tonnage for the purpose of levying Port Dues.

(3). No Port Dues shall be levied in respect of the following;

(i). Vessels belonging to other Indian Ports; or

(ii). any pleasure yachts; or

(iii). Any vessel which having left this port is compelled to re-enter it by stress of weather or in consequence of having sustained any damage.

(4). A vessel entering the port but not discharging or taking in any cargo or passengers therein (with the exception of such unshipment/reshipment as may be necessary for purposes of repair) shall be charged with only 50% of the Port Dues with which she would otherwise be chargeable.

(5). A vessel entering the port in ballast and not carrying passengers shall be charged with only 75% of the Port Dues with which she would otherwise be chargeable.

(6). A LASH vessel making a 'second call' to pick up empty and / or laden fleeting LASH barges shall be treated as vessel entering a Port, but not discharging or taking any cargo or passenger therein, and shall not be charged any Port Dues.

(7). Port Dues shall be collected for all non-commercial vessels, fishing vessels and craft.

(8). A coastal vessel, which after paying 50% of the Port Dues as per provisions prescribed at 4 above, re-enters the port within the period of exemption with cargo or passengers or in ballast shall be charged the difference viz., 50% of the Port Dues previously conceded.

(9). A coastal vessel, which, after paying 75% of Port Dues as per provisions prescribed at 5 above, re-enters the port within the period of exemption with cargo or passengers or in ballast shall be charged the difference, viz., 25% of the Port Dues previously conceded.

2.2.1. SCHEDULE OF PILOTAGE FEES

The rate specified below is for Zone A

The Pilotage fee prescribed above is subject to a minimum charge of Rs.26,598.22 in case of coastal vessel and US$1,019.6160 per ship in case of foreign-going vessel

Notes:—

(1). Pilotage fee shall include services of the Port's pilot (s) for pilotage of vessels; and, provision of required number of tug/tugs, launches of adequate capacity for inward and outward movement and shifting of vessel for port convenience and one shifting on users account will be free.

(2). Pilotage Fees shall be collected based on the GRT of the vessel. Deck Cargo shall be exempted from assessment of Pilotage Fees.

2.2.2. MISCELLANEOUS PILOTAGE FEES

Notes:

(1) The charges prescribed at serial number (4) in the schedule shall be levied not only in cases of cancellation of requisitions for inward and outward pilotage of vessels; but, also for the cancellation of requisitions for shifting of berth of vessel and remooring or for turning a vessel around in her berth or for remooring a vessel in the same berth due to position of heavy lifts or for any other reasons.

(2). The charges prescribed at serial number (4) shall, however, not be levied in the following cases:

(i). Cancellations received at least one hour before the Pilot's appointed boarding time of the vessel.

(ii). Cancellation caused for reasons attributable to the port.

(3). In the event of a vessel carrying a pilot outside the port limits for unavoidable reasons the master shall be bound to leave the pilot at the next nearest port and the master, owner or his representative shall be responsible for the repatriation and all connected formalities thereof and shall also be liable to pay all expenses incurred in the matter of boarding, lodging, other reasonable expenses and the repatriation of the pilot thus over carried. In addition, compensation at the rates prescribed at serial number (6) in the schedule shall be payable by the master of the vessel till the pilot reports back to duty at the port.

2.2.3. Shifting Charges

Shifting charges shall be 50% on pilotage charges

The shifting charges prescribed above is subject to a minimum charge of Rs.13,299.11 in case of coastal vessel and US$ 509.8080 per ship in case of foreign-going vessel

Notes:—

(i) One shifting is free during cargo operation i.e. after commencement and before completion of cargo operation.

This free shifting is not applicable for other than cargo operations.

(ii) More than one shifting is chargeable as per the above rates whenever the shifting is requested by the respective vessels Ship agent

General notes relating to Schedule 2.2.1., 2.2.2. and 2.2.3.

(1). (i). For piloting a vessel on cold move, 100% of the applicable pilotage fee will be levied if both inward and outward movements are cold move in addition to the normal pilotage fee. In case only one movement is cold, then 50% of the applicable pilotage fee will be levied in addition to the normal pilotage fee.

(ii). For shifting a vessel on cold move, 100% of the applicable shifting charge shall be leviable in addition to the normal shifting charge.

(2). (a) Shifting a vessel from any berth to outer anchorage shall mean completion of pilotage act; on re-entry by the vessel under the same port entry, pilotage fees afresh shall be payable as prescribed under the Schedule.

(b) Shifting from deeper draft berth to lower draft berth and vice versa in respect of any vessel shall also be carried out on the request from the steamer agent of the next vessel in the queue for berthing on payment of applicable charges.

(3). No charges shall be levied for shifting of a vessel for port convenience.

(i). "Port convenience" is defined to mean the following:

(a). If a working cargo vessel at berth or any vessel at mooring is shifted/ in 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, such shifting shall be considered as "Shifting for Port Convenience". The shifting made to reposition such shifted vessel shall also be considered as "Shifting for Port Convenience ".

(b). Whenever a vessel is shifted to accommodate another vessel which can not be berthed at other berths due to draft and LOA restrictions such shifting shall be considered as "Shifting for Port Convenience".

(c). Whenever a vessel is shifted to accommodate another vessel having priority at the adjacent berth and unless that vessel shifts, another vessel can not be berthed at the adjacent-berth due to length restrictions, such shifting shall also be considered as "Shifting for Port Convenience".

(d). Whenever a vessel is shifted from berths to accommodate another vessel carrying hazardous cargo which needs adjacent-berth to be kept vacant for safety reasons such shifting shall also be considered as " Shifting for Port Convenience ".

(e). Shifting a vessel from deeper draft berth to lower draft berth in all berths to accommodate the first waiting vessel requiring deeper draft berth provided no other vessel requiring lower draft berth waits, in the queue shall also be considered as "SHIFTING FOR PORT CONVENIENCE".

(f). Shifting of vessel during adverse weather condition to anchorage and bring it back to berth.

(ii). Whenever a vessel is shifted from berth to accommodate another vessel on ousting priority, the vessel shifted is exempted from the payment of shifting charges since the same is paid by the vessel enjoying the ousting priority or the shifting is treated as for Port Convenience when the priority vessel is exempted from payment of such charges.

(4). Shifting from deeper draft berth to lower draft berth and vice versa in respect of any vessel shall be carried out only on priority / ousting priority request from the steamer agent of the next vessel in the queue for berthing. The charges payable shall be equivalent to one pilotage act as prescribed in the schedule. When the working vessel is to complete loading/ unloading and is ready for sailing out within 24 hours from the time the request for ousting priority from the vessel is received, the former vessel will not be shifted unless vacant berths are available for completing the handling of the former vessel.

(5). Ousting priority shall mean ousting a working vessel in a berth or jetty and berthing another vessel asking for such ousting permission in view of the following:

(i). Warranted by the hazardous nature of the cargo and dock safety requirements.

(ii). The time schedule in the voyage is to be kept up by vessel carrying food grains for public consumption and fuel, oil and coal meant for consumption by public utility services, viz., thermal power plants, Government companies dealing in manufacturing, refining and or distribution of such products.

(iii). As directed by the Government from time to time in this regard.

(6). In cases of ousting priority, over and above the pilotage fees leviable on the vessel availing the benefit of such ousting, additional pilotage fees equivalent to the pilotage fees for the vessel so ousted shall be leviable from the former.

(7). Full pilotage charges will be levied when ousted vessel is shifted to anchorage. If ousted vessel is shifted to other berths, shifting charges as applicable for the ousted vessels shall be levied as per Scale of Rates. The vessel availing the benefit of ousting priority shall be liable to pay the additional pilotage / shifting fee prescribed in this note.

(8). (a). When any/ all of the following conditionalities are not satisfied in respect of a working vessel at a berth then the vessel will be shifted with the approval of Chairman to outer anchorage or another available and suitable berth with respect to the draught of the vessel:

(i). When a vessel is operating with ship derricks either in a crane berth or non-crane berth and she is idle due to non-working of the crane for a period of four hours in a shift either continuously or intermittently (less than fifteen minutes excluded).

(ii). When a vessel is keeping idle in a shift for a period of four hours in a shift either continuously or intermittently (less than fifteen minutes excluded), though gangs are deployed by Cargo Handling Division of the Port.

(iii). When the productivity of a vessel per shift is continuously less than the average productivity per shift for the cargo during the previous year during the continuous period of two /three shifts." (iv). When the vessel is waiting for cargo (whether gang is requisitioned and deployed or not) continuously or intermittently for a period of four hours in a shift and in two consecutive shifts." (b). The following charges shall be levied for shifting of a vessel to outer anchorage/ any other berth on account of its non-performance:

(i). In case of shifting between berths within harbour basin, shifting charges shall be collected at 50% of pilotage fee prescribed in schedule 2.2.1.

(9). Only in cases of any extra-ordinary circumstances and in cases which are not specifically provided in the Scale of Rates, Chairman, Port Authority may decide whether the movement of a vessel is for port / Agent's convenience.

2.3. SCHEDULE OF TUG HIRE FEES

Notes:

(1). Tug service shall be provided as part of the pilotage service (without any charge) on requisition from Owners, Agents of vessels for purposes of berthing, un-berthing, shifting, mooring, re-mooring and all connected works. Tug service provided as part of shifting service shall also be without any charge.

(2). The tug hire charges in respect of items (iii) and (iv) in serial number (1) includes the cost of ration to the crew, the services of the crew and the victualling of the officers deputed for salvage or other operations; but, excludes the cost of insurance plus incidental charges at 20 percent of the insurance premium which will also be recovered in addition to the rates prescribed.

(3). (i). If cancellation in respect of floating craft specified in serial number 2 is done without giving two hours' notice, hire charges for one hour at the rates applicable to the particular craft shall be levied.

(ii). In the case of delay on the part of the port user in utilising the craft specified in serial number 2 from the time of requisition, the actual hire charges as prescribed for the particular craft shall be levied from the time indicated in the requisition.

(4). Additional fees of 50 percent of the charges otherwise leviable shall be recovered for work performed on Sundays and port non-operating days or between the hours of 6.00 p.m. and 6.00 a.m. In the case of Zone 'B' no charges shall be levied for the work performed between the hours of 6.00 p.m. and 6.00 a.m. on port working days.

(5). The VOCPA may, at its discretion, hire out the floating craft outside the port limits at the rates prescribed above.

2.4. BERTH HIRE FEES

2.4.1. SCHEDULE OF BERTH HIRE CHARGES

The berth hire charges prescribed above is subject to a minimum charges of Rs.4,738.09 in case of coastal vessel and US $187.45 per ship in case of foreign-going vessel.

2.4.2. SCHEDULE OF BERTH HIRE CHARGES FOR OTHER VESSELS

Note for Schedule 2.4.1 and 2.4.2: Any vessel which continues to occupy any berth after the expiry of the time given by the Deputy Conservator/Traffic Manager to vacate the berth shall pay additional berth hire charges at the following rates: -

(i). For the first two days – At four times the rate of berth hire charges for authorised occupation.

(ii). For third day and for subsequent days - At six times the rate of berth hire charges for authorised occupation.

(iii). The additional berth hire charges shall be in addition to normal berth hire charges payable under the schedule.

Notes:

(1). The period of hour shall be calculated from the time the vessel occupies berth.

(2). Berth hire shall stop 4 hours after the time of the vessel signaling its readiness to sail. The time limit prescribed for cessation of berth hire shall exclude the ship's waiting time for want of favourable tidal conditions. There shall be a penal berth hire equal to berth hire charges of one day berth hire charge for a false signal.

(3). The berth occupancy for each vessel will be determined based on the output norms as given below for levy of penal berth hire charges:

(i) Productivity Norms for Cargo Handled at IX Berth through HMC:

(ii) Norms for Cargo Handled at all the Berth including Cargo handled through other than HMC at IX Berth:

(iii) The penalty/ incentive for performance is as given hereunder:

Note:

(i) The penalty provisions will be levied on Stevedores, with the provision that the amount can be claimed by the Stevedores from the cargo interests (Importer/ Exporter) or vessel owners through their agents, depending on the reasons thereof. Same way, incentive will be paid to Stevedores. In the case of liquid cargo, the penal berth hire charges / incentive will be levied on/paid to the ship agent.

(ii). While calculating the performance of the vessel, factors beyond the control of the cargo handler like cyclone, heavy rain, labour unrest, etc. will be treated as "dies-non".

(4). All Tankers carrying oil, petroleum products, chemicals in bulk, lube base stock in bulk shall be charged berth hire charges at 125% of the charges applicable to relative classification. For calculating priority or ousting priority charges as per Note-6, the berth hire charges shall be reckoned as 100% of charges applicable as per relative classification.

(5). Ousting Priority/Priority Berth Hire Charges:

(i). For providing the priority berthing to any vessel, a fee equivalent to berth hire charges for 24 hours or 75% of the berth hire charges calculated for the total period of actual stay at the berths, whichever is higher shall be levied.

(ii). For providing the ousting priority to any vessel, a fee equivalent to berth hire charges for 24 hours or 100% of the berth hire charges calculated for the total period of actual stay at the berths whichever is higher, shall be levied.

(6). Charges on lash vessels/ barges.

(i). If the mother vessel is berthed alongside a wharf, all the charges as applicable to other vessels shall be recoverable.

(ii). If the mother vessel is anchored at outer anchorage within the port limits, Port dues alone shall be levied.

(iii). If anchored at inner anchorage, all applicable vessel-related charges excluding berth hire shall be recovered.

(iv). The charges for towing of barges will be recovered as per the rates prescribed for the craft used.

(7). No berth hire shall be levied for the period when the vessels idle at its berths due to break down of port equipment or power failure or any other reasons attributable to the port.

2.5. ANCHORAGE FEES

The following charges shall be levied as anchorage fee for stay of vessel (ship or steamer, sailing vessel, tugs, launches or other marine crafts) in the port waters within the notified port limits:

2.5.1. (a) Schedule of Anchorage charges

2.5.1. (b) Anchorage Charges in case Berth is ready but vessel is not ready:

Notes:

The above rates are applicable after 48 hrs as per the following condition:

i) Vessels Ready Berth not ready- Charges as per 2.5.1(a) is applicable

ii) Vessel not ready berth ready -Charges as per 2.5.1(b) is applicable

iii) Vessel not ready Berth not ready- Charges as per 2.5.1(b) is applicable50 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2

2.5.2. Schedule of Anchorage charges for other vessels

Note:

(1). Anchorage fees will be for stay of vessels for more than 48 hours.

2.6. Schedule of Lighterage Operation fee in respect of vessels at anchorage:

2.7. ADDITIONAL CESS FOR HANDLING VESSELS AT OIL JETTY TOWARDS OIL INDUSTRY SAFETY

DIRECTORATE (OISD) COMPLIANCE:-

CHAPTER – III

CARGO RELATED CHARGES

3.1.1. SCHEDULE OF WHARFAGE DUES

Note to Sl.No:7

For vehicle with laden containers with trailer, the tariff will be collected at composite rate covering both vehicle as prescribed above and container separately collecting the rate of container as per prevailing Scale of Rates vide Sl.No.6 of this Schedule.

Notes:

(1). Wharfage charges on bulk cargo shall be recovered on the manifested tonnage of the vessels. In the case of export bulk cargo wharfage can be levied as declared in the EGM or with reference to the entire admitted quantity whichever is higher even if the EGM quantity is declared less than the admitted quantity. In case of Import Cargo, wharfage can be levied as declared in the IGM or entire delivered quantity whichever is higher.

(2). Wharfage shall be payable on all cargoes on every admission to the said Port's transit areas for shipment. Additional 25% of the wharfage shall be levied on shut out cargo, if permitted to remain in the custom bound transit area on Demurrage terms.

(3). Transhipment:

(i). Goods consigned to Ports other than V.O.C Port as per the Bill of Lading, if landed at V.O.C Port for transshipment, shall be considered as transshipment cargo so long as it remains within the Port Custom bound area, and shall pay single wharfage payable on landing.

(ii). For transshipment of cargo from ship to ship (swapping) outside the Port basin, wharfage shall not be collected. But, both the vessels shall pay 25% of the Port dues and charges of other services rendered as per the rates prescribed in the Scale of Rates except in respect of food grains manifested for Indian Ports.

(iii). As regards, transshipment of cargo from vessel to vessel inside the Harbour basin without using the landing place, the vessels shall pay Port dues and other charges as applicable in full, and 50% of single wharfage charges.

(iv). If transshipment cargo goes out of the port security area and thereafter comes into the port security area for loading into the vessel, the same shall not be treated as transshipment cargo and the cargo shall pay the wharfage again for loading into the vessel.

(v). Cargo transshipment fee @ Rs.5.80/- per tonne will be collected for cargo handled at the anchorage.

(vi). A fee on cargo transfer from vessel to barge or vice versa in the harbour basin will be levied at 50% of the wharfage rate prescribed in Schedule 3.1.1 of the Scale of Rates in addition to the wharfage leviable on such cargo for handling at berth.

(4). In case of cargo loaded into a vessel and subsequently unloaded due to various reasons, no wharfage shall be levied if the cargo is reshipped in the same vessel without leaving the port's premises. Wharfage shall, however, be levied again if the cargo is reshipped in another vessel.

(5). Wharfage on goods from vessels in distress:

(6). On packages containing articles of miscellaneous character, wharfage charges shall be levied at the rate applicable to individual cargo items.

(7). In the case of hazardous cargo, (i.e.) cargo identified as such in International Maritime Dangerous Goods Code (IMDG), classified as "Goods not otherwise specified", vide category 1 to 5 of the above schedule, 100 percent of the wharfage shall be recovered over and above the normal dues".

(8). The following categories of goods shall be exempted from wharfage charges:

(i). Passenger's and Seaman's Bonafide baggage and personal effects accompanying them;

(ii). Empty gunnies and twines sent to ships to facilitate landing or loading of cargoes in bulk order replacing wet or torn bags;

(iii). Goods consigned to or by the VOCPA;

(iv). Postal mail bags.

(9). The box rate prescribed for cargo in FCL containers in serial number 6(b) and 6(d) in schedule 3.1.1 above will also apply in the case an LCL (Less than Container Load) container coming in and going out of the VOCPA as a unit load.

(10). All goods intended for shipment shall be assessed on export application. Similarly, all goods landed within the limits of port of Tuticorin shall be assessed on import application.

(11). The wharfage shall be calculated on the total tonnage of each item of goods. For this purpose the gross and if the circumstances require, the net units of each package as specified in the relative invoice or other shipping document shall be reckoned with, subject to test check by the port authorities. In the absence of these documents or the specification of the gross units therein, the units actually arrived at by test check shall be taken as the gross units.

(12). Before classifying any cargo under 'unspecified category' in the wharfage schedule, the relevant Customs classification shall be referred to find out whether the cargo can be classified under any of the specific categories mentioned in those schedules. For this the relevant Section, Chapter and Heading of the Harmonized System of Nomenclature (HSN) code of Customs Dept. shall be referred.

(13). Vessels which call at the port, for which IGM and/or EGM are filed for the purposes of Customs Act, 1962 cannot be treated as "cargo" and they are conveyance only, and the port shall not charge wharfage on such vessels.

(14) Restow – Cargo of other ports landed from vessels and reshipped in the same vessel –wharfage shall be levied in double the rate under relevant cargo category.

(15) A reduction of Rs.15 per MT and Rs.9 per MT will be applicable on the wharfage charges for the foreign vessels and coastal vessels of more than 11.5 draft respectively, if the cargo is being handled through HMC at IX th Berth.

3.1.2. CESS FOR POLLUTION MITIGATING MEASURES / SPILLAGE CHARGES FOR DRY BULK CARGO

Cess for Pollution mitigating measures shall be levied at Rs.11.35/- per M.T in respect of all dry bulk cargoes excluding cargo handled through closed conveyors within port limits.

Notes:

(a) Dusty cargoes handled through bags shall not attract cess for pollution mitigating measures under schedule 3.1.2

(b) The cess for pollution mitigating measures under schedule 3.1.2 shall be applicable to the dusty cargoes discharged insideCustom Bound area.

3.2. STEVEDORE AND SHORE HANDLING ROYALTY

Note:

The above tariff cap will be indexed to inflation and will come into effect from 1st April of the relevant year.

3.3. SCHEDULE OF DEMURRAGE CHARGES

3.3.1. FREE PERIOD

Notes:

(1). For the purpose of calculation of free period, Customs holidays and the port's non-operating days shall be excluded.

(2). (i). Free period for imports shall be reckoned with following the date of complete discharge of the goods from the vessel on to jetties, quays or wharves.

(ii). When goods are landed from the vessel into lighters, barges or other floating crafts, the three working days shall be calculated from the date of complete discharge of goods from the lighters, barges or other floating crafts on the jetties, quays or wharves.

(iii). In the case of salvaged goods, the free days shall be reckoned with from the day following the date of notification of salvage by the receiver of wrecks in the official Gazette of Tamil Nadu State.

(3). (i). Free period for all exports except salvaged goods shall commence from the actual date of receipt of the goods in transit area at Zone A and Zone B.

(ii). In case of salvaged goods (export) free period shall commence from the date on which the goods are actually salvaged up to the date the vessel commences loading.

(iii). "Demurrage shall be calculated till the date the vessel commences loading"

(4). Transhipment cargo:

The maximum period as per export cargo will be allowed and thereafter demurrage charges shall be levied as prescribed for export cargo.

(5). In the case of cargo shut out by one vessel and subsequently shipped by another vessel or the cargo not shipped due to cancellation of the voyage of the nominated vessel, the free period applicable shall be as per the table 3.3.1, from the date of admission excluding Customs holidays, Port's non-operating days. Thereafter demurrage charges shall be payable till the goods are shipped.

3.3.2. SCHEDULE OF DEMURRAGE CHARGES

Note:(i). For Zone 'B', 75% of the above rates shall apply.

Notes:

(1). (i). The transit area shall be the area within the security wall excluding warehouse and open area licensed for storage of cargo

(ii). Transit area can be treated as area licensed for storage of cargo & vice versa as per trade's requirement.

(2). No export cargo shall be admitted into the port premises without the permission in writing from the authorised official of the port. Normally, export cargo for a vessel shall be admitted only after the vessel is opened for exports.

(3). While calculating the demurrage charges, the unit to be adopted shall be the same as prescribed for levy of wharfage. Where the wharfage is prescribed on 'per unit' or otherwise the demurrage shall be calculated on the basis of weight of 'one tonne'.

(4). A minimum charge as for one tonne/one cubic metre shall be levied.

(5). Demurrage shall be collected on the basis of the actual weighment as determined by the weighbridge, and /or the railway receipt as issued by the Railway authority for carrying the cargo.

(6). Demurrage charges on unclaimed goods shall be charged from the steamer agents upto 2 months from the date of discharge, if they are not cleared within two months from the date of complete discharge of the vessel from which they were landed.

(7). Once demurrage charges begins to accrue no allowance shall be made for Sundays and port's non- operating days.

(8). Delivery of Goods

Goods shall not be delivered to owner or consignee unless all dues leviable thereon, including demurrage charges are paid.

(9). Congestion of Goods:

If at any time the VOCPA apprehends a serious congestion in the transit sheds or the transit area which may affect the rapid transit of goods through the port, it may direct the owners or consignees of any specific goods to remove such goods from the port premises within a specified period. If the goods are not removed within that period, the VOCPA may itself remove them and shall restack in any other place at the expense and at the sole risk of the owners or consignees. Goods so removed shall be charged demurrage fees at the rate of 100% of the wharfage plus actual handling charges incurred by the port.

(10). Goods detained by Customs:

The period during which the goods are detained by the Commissioner of Customs for the purpose of analytical test or technical tests, other than ordinary process of appraisement and certified by the Commissioner of Customs to be not attributable to any fault or negligence on the part of the Exporter, for such periods of detention, the demurrage charges shall be recovered as under:

Actual demurrage charges at full rates shall be worked out as per Scale of Rates at the appropriate slab as applicable after 45 days and the concessional rate mentioned above shall be applied thereon the full demurrage charges leviable.

The first 45 days shall be reckoned with as follows:

(i). first 45 days after expiry of free days if cargo is detained by the Customs before expiry of free days; and,

(ii). first 45 days from the date of detention if cargo is detained by the Customs after accrual of demurrage charges.

The detention certificate for availing the above concession shall be submitted within a period of six months from the date of clearance of goods.

Notes:

(i). The above time limits will be inclusive of all holidays.

(ii). The time limits can be relaxed in cases of Acts of God or the extra ordinary circumstances beyond human control.

(11). Free period of 24 hours is allowed for Cargo stacked at railway siding and there after which charges will be levied @ 50% of the applicable Demurrage charges.

(12). Demurrage charge on both import and export cargo shall not accrue for the period when the VOCPA is not in a position to deliver/ship cargo when requested by the user.

3.4. CHARGES FOR STORAGE OF CARGO ON LICENSE TERMS

"Month shall mean a continuous period of 30 days" for the purpose of this schedule."

Notes:

(1). No goods shall be stored upon any land or in any shed specified in clause (b) of section 27 of Major Port Authority Act, 2021, and no such land or shed shall be used except under a license issued for such purpose by the VOCPA or its authorised official.

(2). The license issued by the VOCPA shall be in force for the period specified therein.

(3). Storage fee shall be payable in the manner specified in the licence and failure to pay the rates in accordance therewith shall attract penal interest as prescribed in point No.(viii) (b) in 1.2. General Terms and Conditions in Chapter I, on the amount due but not paid. If for any reason, outstanding due with penalty is not paid within 7 days of its due, the authorised official of the VOCPA shall have the right to terminate the licence and resume the land or shed allotted there under and in case of such termination or resumption of the land or shed, the licensee shall on no account be entitled to claim any compensation or to remove or take away the improvement if any made by him thereof.

(4). Goods stored on the land or in the shed under the licence shall remain at the licensee's risk and V.O. Chidambaranar Port Authority or any of its officers shall not in any manner be liable for any pilferage, theft, damage or any loss whatsoever thereof.

(5). The licensee shall not be permitted to sub-let the land or shed covered by the licence or any portion thereof. For any contravention of this condition, the licence is liable to be cancelled.

(6). If goods are stored in areas not covered under the licence, double the rate, specified shall be charged from the licensee for the period from the date of storage till such storage is regularised or the goods are removed.

(7). Any renewal of the licence issued shall be made only on an application made therefore. An application for renewal shall be made at least seven days prior to the date of expiry of the licence in case the period of licence is one year or less than one year, and at least 30 days prior to the date of expiry of the licence in the case of other licences. Provided that, in the event of no order being passed on an application for renewal before the date of expiry of the licence, the same shall continue to be valid on the terms and conditions specified therein till orders are passed on the application for renewal.

(8). Demurrage charges shall be payable on the packing materials such as gunny bags/pallet which are not cleared as soon as the cargo is exported/Imported and are remaining in the port beyond one day of the date of complete shipment/discharge of cargo.

(9). 'Goods stacked beyond the prescribed period admissible as per Licence issued and not renewed by the Port will attract double the rate already applicable for storage fee' from the date following the date of expiry of Licence.

(10) For Open space allotted as per 3.4 above for storage of cargo, fee equivalent to one month rent will be collected as advance and two weeks rent will be collected for covered space as Advance.

3.5. CHARGES FOR STORAGE OF CARGO IN COVERED AND OPEN SPACE AT MARSHALLING YARD ON

LICENSE TERMS

Notes:

(i). The above rates are applicable for both export and import of cargo.

(ii). Only rail borne cargo is entitled for this facility.

(iii). Ships at berths will avail priority.

(iv). The above rates are for bagging activities only.

(v). Allotment will initially be for first 3 days only and renewable for subsequent slabs.

Rail borne bulk cargo without bagging or any other value addition activities will be entitled to 24 hours of free period from the time of storage admission/landing of the first consignment. Thereafter, rates as per above slabs will be applicable."

CHAPTER – IV

4.1. CHARGES FOR SPECIAL SERVICES TO REEFER CONTAINERS

4.2. SCHEDULE OF STORAGE RENT ON EMPTY AND LOADED CONTAINERS

Note:

(1). Premium to the extent of 25% on storage charges to be levied in case of hazardous containers.

(2). Free dwell – time (storage) for the import containers shall commence from the day after the day of landing of the container. On expiry of the free period, storage rent shall be levied upto the time of delivery.

For export containers the free period shall commence from the date the container enters the terminal. On expiry of the free storage period, storage rent shall be calculated upto the date the container leaves the yard.

(3). Transhipment \ Re-export laden and empty containers

(i) . The free storage rent period shall commence from the date of completion of discharge after the first vessel to the date of berthing of the second vessel. If the storage period exceeds the free period, the storage rent shall be calculated after the expiry of the free period upto the time of lift on.

(ii). In case of containers, the transhipment status shall be extended only to loaded containers. Empty containers meant for other Ports, if landed at Tuticorin shall not be considered as transhipment. Containers that are de-stuffed within the security gate shall also not be treated as transhipment containers.

(iii). The concession of transhipment to loaded container shall be withdrawn, if the loaded container goes out of the transit area.

4.3. DEMURRAGE CHARGES FOR CONTAINERISED CARGO

4.3.1. Containerised Import Cargo

4.3.2. Containerised Export Cargo

Notes:

(1). For the purpose of calculation of free period, Customs holidays and the Board holidays shall be excluded.

(2). The stuffed cargo removed from the container and cargo meant for stuffing in the container stacked in transit area other than the space allotted on license basis for that purpose, will be liable for demurrage as applicable to other cargo specified as below:

(i). Containerised Import cargo:

For purpose of demurrage, the free days for such import cargo de-stuffed with from the container shall count from the date following the date of stuffed of the import cargo from containers.

(ii). Containerised Export cargo:

For purpose of demurrage, the free days for such export cargo shall be reckoned from the date on which cargo is admitted in the transit area and demurrage leviable, if any, shall be computed from the day following the completion of free days till such cargo has been stuffed into containers.

(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 the container, whichever is earlier subject to the following conditions:

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

(ii). If the consignee chooses not to issue such letter of abandonment, the container Agent/MLO can also issue abandonment letter subject to the condition that,

(a). The Line shall resume custody of container along with cargo and either take back it or remove it from the port premises; and

(b). The line shall pay all port charges accrued on the cargo and container before resuming custody of the container.

(iii). 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.

(iv). 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 day the Custom order release of the cargo subject to lines observing the necessary formalities and bearing the cost of transportation and destuffing. Otherwise, seized/confiscated containers should be removed by the line/consignee from the port premises to the Customs bonded area and in that case the storage charge shall cease to apply from the day of such removal.

General Notes for schedule 4.1. to 4.3.2

(1). Cargo in containers originally manifested at the Port of shipment landed at wharf for transhipment shall be charged single wharfage dues payable on landing.

(2). General manifest must be produced immediately to the authorised port Official for verification by a test check of stuffed cargo in container brought for transhipment.

(3). The applicant shall accept all risks and responsibilities for goods stored at the rental space so allotted, and shall make his own arrangements for security of the goods stored in such spaces.

(4). Hire charges for port machineries and appliances whenever utilised by the shipper will be charged separately according to the rates prescribed in the Scale of Rates.

(5). Storage charges on container/demurrage charges on cargo shall not accrue for the period when the VOCPA is not in a position to deliver/ship cargo when requested by the user.

(6). If operational area is leased on rental to users, storage charges on container/demurrage on cargo stored therein shall not be levied again.

4.4. MANDATORY USER CHARGES:

The Mandatory User Charges for the Logistics Data Bank(LDB) service to be rendered by Delhi- Mumbai Industrial Corridor Development Corporation (DMICDC) in pursuance of MOS communication vide letter No.PD-140333/34/2017-PD-V dated 6 June 2018 will be governed by separate common adoption Order No. TAMP/46/2018-MUC dated 24 July 2019 approved by TAMP for common adoption by all Major Port Authority and BOT terminals.

4.5. DREDGING LEVY ON CARGO HANDLED AT NORTH CARGO BERTH (NCB) - II:

CHAPTER – V

MISCELLANEOUS CHARGES

5.01. SCHEDULE OF WEIGHMENT CHARGES

5.01.01 SCHEDULE OF WEIGHMENT CHARGES for ZONE 'A' AND 'B'

5.01.02 SCHEDULE OF WEIGHMENT CHARGES FOR IN-MOTION WEIGH BRIDGE FOR ZONE 'A' & 'B'

5.02. CHARGES FOR PORT WHARF CRANE WITH GRAB / HOOK FOR CARGO OPERATIONS

* ->50% of the above respective rates is applicable for half shift basis. The above prescribed rates shall be applicable for all vessels berthed at respective berths.

***The rates prescribed shall be applicable for the Coastal Cargo and containers eligible for concessional tariff for ship-shore transfer, transfer from/to quay and to/from storage yard.

5.03. CHARGES FOR PORT WHARF CRANE WITH GRAB / HOOK AND OTHER MECHANICAL EQUIPMENTS

FOR NON-CARGO OPERATIONS

*** The rates prescribed shall be applicable for coastal cargo and containers eligible for concessional tariff, for ship-shore transfer, transfer from / to quay and to / from Storage yard.

Notes:

(1). In respect of use of the port machineries outside the port limits, a surcharge of 20 percent on the charges prescribed above shall be levied.

(2). When fire fighting units use foam, the actual cost of foam used in the operation shall be charged extra.

(3). (i). If the requisition of the equipment is not cancelled before 2 hours of the commencement of the shift, the charges for the full shift will be recovered.

(ii). On the Board holidays, full charges for the period of requisition will be recovered if written notice of cancellation is not given during the working hours of the day prior to the date of requisition or when the equipment is not fully utilised as requisitioned.

(4). While computing the hire charges, the actual hours of work shall be totalled and rounded off to the next higher hour after completion of the end of the work. For this purpose the time taken by the machinery to move from the yard to work spot and back to the yard will be included.

5.04. WAY LEAVE CHARGES:

Notes:

(1). Areas chargeable under Way Leave Licence shall be arrived based on the following formulae:

(i). For a single pipe line:

Length of the pipe line multiplied by the Diameter (D) of pipe lines plus working space of 30 c.m (i.e) A=L+(D+30 cms.)

(ii). For more than one pipe:

Length of the pipeline multiplied by the actual distance (D) between the extreme sides of the outer most pipes plus working space of 30 c.ms. (i.e.) A = L (D + 30 c.ms.)

(iii). For pipe line over pedestal:

Length of the pipeline multiplied by the width (D) of the foundation of the pedastal plus working space of 30 c.ms. (i.e.) A = L (D + 30 c.ms.)

(iv). For overhead wires:

Length of the overhead line multiplied by the distance (D) between the extreme ends of the longest street on the pole plus working space of 60 c.ms. (i.e.) A = L (D + 60 c.ms.)

(v). For underground cables: Length of the cable multiplied by 15.c.ms. for each cable laid plus working space of 90 c.ms. (i.e.) for a single cable A = L (15 c.ms. + 90 c.ms.); for double cable A = L (2 x 15 c.ms. + 90 c.ms.) and so on.

5.05. RENTAL CHARGES FOR ROOMS FOR USE IN CONNECTION WITH SHIPPING OPERATION AND

STEAMER AGENTS WITHIN CUSTOM BOUND AREA

Notes:

(1). The charges prescribed above are inclusive of water charges.

(2). Electricity charges shall be levied on actual consumption based on the meter reading.

(3). The room will normally be allotted by the VOCP on request in writing in the order of priorities of the dates of receipt of such requests by the parties concerned.

(4). The allotment of room is subject to cancellation by the authorized official of the VOCP at any time without prior notice and without assigning any reason thereafter.

5.06. RENT FOR OCCUPATION OF COMPARTMENTS IN THE COAL MAZDOOR LINES IN THE PORT

PREMISES.

Note:

The charges prescribed above are inclusive of water charges and electricity charges.

5.07. CHARGES FOR HIRE OF DRY DOCK TO THE OWNERS OF SAILING VESSELS AND TO OTHER

GOVERNMENT DEPARTMENTS FOR DRY DOCKING THEIR VESSELS

Notes:

Advance Hire Charges

(1). Daily hire charges shall be levied excluding the day of docking and undocking of the vessels.

(2). The charges prescribed above include the ship weight and pumping charges; but, do not include charges for the supply of fresh water, cranes and other facilities.

(3). (i). The dry dock in normal cases shall be given only for a period of ten days and owners authorised agents of vessels in dry dock shall endeavour to complete all repair within 10 days period.

(ii). In no case shall the dry dock be kept occupied for more than 30 days.

(iii). When a vessel of an outside party is in the dry dock and the dry dock facility is urgently required for carrying out any emergency repair to the floating craft of the Port, the owner / authorised agents of vessel in the dry dock, shall vacate the same within seven days from the receipt of a notice to that effect.

(4). On allotment of dry dock the hire charges towards docking, undocking and daily hire charges etc., as stipulated above shall be paid in advance before the vessel can be placed in the dock. If the vessel is to remain in the dock beyond the initial period of ten days, then further hire charges for the second and third spells of 10 days respectively, shall be paid in advance, as the case may be.

(5). In the event of the vessel not being ready to be docked, or not using the dock on the day notified for the admission of the vessel into the dock, cancellation charges equivalent to the advance paid in respect of any vessel as per provision prescribed in note (4) will be charged.

(6). (i). Prior to the time regulated for the admission of any vessel into the dock, the necessary arrangements must be carried out by the hirer on board the vessel in consultation with the authorised official of the VOCPA.

(ii). If on inspection, it is found that necessary arrangements have not been duly carried out, the vessel may be refused admission into the dock. In such case all expenses incurred by the Port in respect of the docking of such vessel, shall be borne by the owners/authorised agents of the vessel and shall be adjusted against the advance paid.

(7). The bill for the use of dry dock will be furnished to the hirer, after undocking of the vessels, who shall pay the balance charges, if any, due to this Port.

(8). The VOCPA or its employees shall not be liable for delay caused to or any damages suffered by a vessel whilst docking or undocking during its stay in the dry dock.

(9). Vessels of the following dimensions can only be dry docked.

(10). Vessels having a draft of 5 feet 6 inches and above can be docked and undocked only at full tides. In case after completion of repairs, a vessel is held up in the dry dock for want of sufficient tide, such delays shall be to the account of the owner and he shall pay hire charges at the rates applicable till the vessel is undocked.

(11). The hirer shall also make good the cost of any damage, repairs or loss to the dock, its appurtenances, plant, gear tackle, etc, caused by the vessel arising directly or indirectly in the course of the hire.

(12). The hirer of dry dock shall make his own arrangement for watchman duty for the vessels, etc., round the clock.

(13). (i). The owners of the vessel shall make their own arrangements to carry out repairs to their vessels at their cost.

(ii). The facilities of the port's workshop shall be given on payment of prescribed charges only when spare capacity is available in the port workshop for taking up repairs.

(14). Whenever a vessel is docked or undocked outside normal working hours of port's workshop, the over- time charges if any payable to the departmental staff shall be borne by the hirers of the dry dock in addition to the usual charges.

(15). Fire protective measures are to be arranged by the hirers at their cost.

(16). The hirer should agree to indemnify the port against all claims for compensation by or on behalf of any workmen (Coolies or Labourers as the case may be) employed by him in connection with the work under execution in the premises of dry dock, for injury or death by an accident under the Indian Workmen's Compensation Act of 1923 and that the decision of the Commissioner of Workmen's Compensation with respect to the amount of such indemnity will be accepted as final.

5.08. CHARGES FOR TAKING PHOTOGRAPHS OR SHOOTING OF FILMS IN THE HARBOUR PREMISES

Notes:

(1). (i). The charges prescribed above shall be paid in advance and no refund of such payment shall be allowed for any failure/ cancellation of the programme

(ii). If the cancellation of programme is at the instance of the Port the charges paid shall be refunded, subject to claim in time.

(2). The hire charges for any craft and/or appliance of the Port, if any, that are supplied and used by the film making company or by those taking photographs shall be levied as per the rates prescribed in the Scale of Rates in addition to charges payable under this schedule.

5.09. HARBOUR ENTRY FEE

Notes:

(1). The following vehicles will be exempted from the payment of licence fee:

(i). Vehicles belonging to

(a). V.O. Chidambaranar Port Authority and other Major port Authority and

(b). Tuticorin Thermal Power Project.

The above vehicles should obtain general or specific permission from the concerned head of the department of the port Authority or the Traffic Manager of the port Authority.

(ii). Regular route buses and school buses.

(iii). All vehicles carrying household goods to and from residence of the Harbour colony and other residences located inside the check gates68 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 (a). Licences issued for a day shall be called temporary licence.

(b). The payment of licence fee will not automatically entitle the owner of a vehicle / equipment for entering the zones.

(c). No refund is permissible for the charges once paid and of the unexpired period of licence.

(d). Whenever damage to the port's property is caused by any vehicle / equipment plying within the port premises, the owner of the vehicle/ equipment shall accept liability thereof and pay the damages resulting there from and the port reserves the right to suspend the operation of the licence issued or the issue of the licence to the owner or agent of the vehicle / equipment until such damage is made good.

(e). The port reserves the right to refuse a licence or cancel a licence issued without assigning any reasons.

(2). 10% of actual cost is fixed as a penalty for late submission of application for renewal of Licence.

(3). The Unit "Day" for Licence Fee the daily pass means 24 Hours from the time of obtaining Port entry permit.

5.10. PASSENGER TOLL AND CHARGES FOR VARIOUS TYPES OF VEHICLES ACCOMPANYING PASSENGERS

5.11. ISSUE OF DUPLICATE COPY OF BILLS AND RECEIPTS, ETC.

5.12. CHARGES FOR RECOVERY OF OVERHEAD EXPENSES FOR SUPPLY OF ELECTRICITY BY PORT

PERFORMANCE STANDARD

Thoothukudi, 16th March 2023.

ASHOKA KUMAR SAHU, Financial Adviser & Chief Accounts Officer

V.O.Chidambaranar Port Authority.

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