Home India Part III - Section 2 CHENNAI PORT AUTHORITY (Ministry of Ports, Shipping and Wate...
Date: 2024-12-11 Category: Not Applicable State: Tamil Nadu Country: India

CHENNAI PORT AUTHORITY (Ministry of Ports, Shipping and Waterways)

Issued by Part III - Section 2 · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document is the Tamil Nadu Government Gazette notification regarding the proposed revision of the Scale of Rates (SoR) for Chennai Container Terminal Private Limited (CCTPL). It summarises comments from users on the proposed changes, responses from CCTPL, and the final approved revisions based on recommendations from the Tariff Fixation Committee (TFC) and approval by the Board of Chennai Port Authority. The revised SoR comes into force 30 days after the notification date and is valid for 3 years. **Key Points / Main Content** * **Background** * Ministry of Ports, Shipping and Waterways (MOPSW) directed Major Ports to consider fixing tariffs for PPP concessionaries. * CCTPL submitted a proposal for revision of SoR following Tariff Guidelines 2019, which was reviewed and revised based on feedback. * **User Comments and CCTPL Responses** * The Container Shipping Lines Association (CSLA) raised concerns about increases in SSR charges and their impact on logistics costs. CCTPL responded that major charges like Terminal Handling and storage charges had no increases, with the tariff revision being in line with 2019 guidelines. * Evergreen Shipping Agency suggested deferring the implementation of the revision, citing tariff disparities with CITPL. CCTPL indicated they cannot defer the revision further. * **Approved Tariff Revisions** * Hazardous Cargo Containers / Over-dimensional Cargo Containers: A 9% increase on charges, increasing the premium from 37.5% to 50%. * Wharfage: Removal of the 5% discount for Foreign-going Vessel Long Haul * Handling Hatch Covers & Restows: Coastal rates were adjusted to match the percentage increase applied to foreign vessels. * Supply of electricity: Increases approved for both foreign and coastal containers. * Miscellaneous Charges: A 10% increase has been approved. * Charges Leviable at the CFS: New charges for Examination, Destuffing LCL Customs Inspection, Import Container Storage, Seal Verification, etc., based on specific activities and current market conditions, are approved. * Note Changes: Existing note for currency conversion was revised, and new note added for Hazardous/Over-dimensional charges. * The proposal of CCTPL to give additional 3 days free on top of mentioned free days was removed, as it is regarded a policy that has to be part of SoR. * Removal of Charges for Clearance of Garbage on-board, and adding Deputy Conservator's circular as a reference. * Payment Delay: Modified payment delay clause in accordance with MPA Act, 2021 * **Resolution of Past Issues** * The revised tariff is subject to the outcome of settlement by the Conciliation and Settlement Committee (CSC) regarding surplus/deficit arising from past litigation. * **Operational Requirements** * CCTPL is required to furnish annual reports on container traffic, average moves, and dwell time to ChPA. * **Implementation** * The revised Scale of Rates is effective 30 days after notification and valid for 3 years, subject to annual indexation. **Impact Analysis** **Chennai Container Terminal Private Limited (CCTPL)** * **Impact:** CCTPL is authorised to implement the revised Scale of Rates (SoR), potentially impacting its revenue and cost structure. CCTPL must adhere to the conditions and regulations outlined in the revised SoR. * **Action Required:** CCTPL needs to update its billing systems and operational procedures to reflect the changes and provide the annual reports to ChPA. **Port Users / Stakeholders (e.g., Shipping Lines, Importers, Exporters)** * **Impact:** Stakeholders will experience changes in tariff rates for various services, affecting logistics costs. The impact will vary depending on the services used and the types of cargo handled. * **Action Required:** Stakeholders need to review the revised Scale of Rates and adjust their budgets and logistics plans accordingly. **Chennai Port Authority (ChPA)** * **Impact:** ChPA has approved the revised SoR, ensuring regulatory compliance. This approval has revenue implications for ChPA and its stakeholders. * **Action Required:** ChPA needs to monitor CCTPL's implementation and compliance with the revised SoR, and also make the notified documents accessible.

Key Entities Referenced

Chennai Port Authority (ChPA): Regulator; responsible for approving the revised Scale of Rates (SoR) for Chennai Container Terminal Private Limited (CCTPL). Chennai Container Terminal Private Limited (CCTPL): Operator; submitting a proposal for revision of Scale of Rates (SoR) under Tariff Guidelines 2019. Tariff Guidelines 2019: Referenced document; used as the basis for CCTPL's proposed revision of Scale of Rates (SoR). Ministry of Ports, Shipping and Waterways (MOPSW): Parent ministry; directed Major Ports to consider fixing tariff in respect of the existing PPP concessionaries Chennai: Location; Chennai Port is where the Chennai Container Terminal Private Limited (CCTPL) operates.
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© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2024 [Price: Rs. 9.60 Paise TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 49] CHENNAI, WEDNESDAY, DECEMBER 11, 2024 Karthigai 26, Kurothi, Thiruvalluvar Aandu–2055 Part III—Section 2 Statutory Notifications and Orders issued by Heads of Departments. NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. CONTENTS Pages. CHENNAI PORT AUTHORITY The Proposal for Revision of Scale of Rates of CCTPL .. .. 200-221 DTP—III-2 (49) [199]200 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. CHENNAI PORT AUTHORITY (Ministry of Ports, Shipping & Waterways) No. 1, Rajaji Salai, Chennai - 600 001. NOTIFICATION (No.SOR/CCTPL/Revision of SOR/2024/F, Dt. 29.11.2024) No. SRO C-27/2024. 1. Ministry of Ports, Shipping and Waterways (MOPSW) vide letter dt.09.05.2023, directed Major Ports under Section 53 of MPA Act 2021, to consider fixing tariff in respect of the existing PPP concessionaries governed by the erstwhile Tariff Guidelines of 2005, 2008, 2013 and 2019 as mentioned in the respective agreement with the approval of the Boards concerned. 2.1 Board has, vide BR No.32 of 2023-24 dt. 13.06.2023, approved to comply with the directions issued by MoPSW vide letter dated 09.05.2023 and to inform the BOT operators, M/s.Chennai Container Terminal Pvt. Ltd. (CCTPL) and M/s. Chennai International Terminal Pvt. Ltd. (CITPL) (who are governed under Tariff Guidelines 2019 for BOT operators) that henceforth they shall file their proposals for revision of tariff with Chennai Port Authority(ChPA). 2.2 As per the Board’s approval, M/s. CCTPL was requested vide letter dt. 24.06.2023 to submit their proposal for revision of the Scale of Rates to ChPA. 3. CCTPL submitted its proposal on 13.02.2024 for revision of SOR following Tariff Guidelines 2019 / Working Guidelines 2019 for BOT Operators governed by the erstwhile Tariff Guidelines 2005. Based on preliminary scrutiny of the proposal, certain additional information / clarifications were sought from CCTPL (vide letter dt.10.06.2024) and CCTPL submitted a revised proposal on 09.07.2024, along with response to clarifications sought by ChPA. 4. The revised proposal dt.09.07.2024 filed by CCTPL was placed before Tariff Fixation Committee (TFC) constituted by the Board of ChPA and based on the recommendations of the TFC, Board of ChPA vide Resolution No. 103 dated 27.09.2024, in accordance with the consultative procedure prescribed, approved to host a copy of the Revised CCTPL proposal dt.09.07.2024 (comprising of Form – 1,3,5,6A,6B,7 and draft SoR) without proposed scheme of additional 3 days free & refund of storage charges to all customers handling annual Foreign Export Empty volume of 40,000 TEUs and above in a calendar year included as Note 3.12.4 in the proposed SOR, on the ChPA website inviting user comments as per the provisions of Tariff Policy, 2021. 5. Accordingly, the revised proposal submitted by the CCTPL for general revision of SOR was hosted on the Port website on 09.10.2024 and was forwarded seeking comments from the relevant users / stakeholders by giving 15 days time, i.e., upto 23.10.2024. In response, comments have been received from only two users, viz., The Container Shipping Lines Association (CSLA) & Evergreen Shipping Agency (I) Pvt. Ltd. The comments received were forwarded to CCTPL for its feedback/comments and the response of CCTPL thereon are summarized below: Sl.No. Comments of users / user organisations Response of CCTPL 1. CSLA The proposed increase in the tariff for the SSR charges, special service There is no increase proposed (SSR), Miscellaneous and HAZ, OOG premium charges will impact for major changes such as customers as the THC will correspondingly increase. While on the one hand Terminal Handling charges and the government & the rest of the stakeholders are trying to reduce the cost of storage charges. The increase logistics, this proposed move will only end up increasing the cost of logistics. in SSR charges will impact only when such additional services • OOG & Haz premium charges - increase from 37.50% to 50% are utilized. The proposal for • Supply of electricity - Increase by 15% Tariff Revision is well within the parameters set out under the • Hatch cover handling - USD4 2019 guidelines. • Restow charges - USD4 • Misc/SSR - 10% The tariff was due for revision in It is therefore strongly recommended that this increase be at least postponed Jan 2024, considering that there to the next financial year if not shelved completely. has been a delay of almostDec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 201 2. Evergreen Shipping Agency (I) Pvt. Ltd. 9 months, CCTPL will not be in a position to further defer the (i) Defer the proposed implementation of revision by both the terminal to next tariff revision. year will be highly helpful to shipping lines and its customers. You are aware that both CCTL & CITPL terminals were maintaining the same scale of rates from the beginning under TAMP directives and approval. If both the terminals proposed to increase some of the charge items rates and if their increase is equally maintained, no issues to shipping lines and its customers, whereas their proposed increase on some charge items is not equal, which will create two different tariff quantum of terminal handling charges, also two different quantum of THC collection from customers. In addition, there will be no common equal tariff for necessary charges collection by Shipping lines. CCTPL CITPL 15% hike on reefer power supply 15% hike on reefer related charges charges - 12.5% hike on DG related charges 12.5% hike on DG related charges 10% hike on Miscellaneous Charges 5% hike on Miscellaneous Charges Prevailing 5% discount on long haul vessel container wharfage will be withdrawn USD4 hike on handling hatch cover with landing USD4.00 hike on 20’ Shifting (Re-stow) charges via quay USD6.01 hike on 40’ Shifting (Re-stow) charges via quay USD8.02 hike on 45’ Shifting (Re-stow) charges via quay As a whole comparison, CITPL proposal is reasonable. Whereas CCTL proposal is on the higher side compared to CITPL. Suggest CCTL must match their proposal with CITPL in order to facilitate trade. Request you, once again, please defer implementation to 2025. 6. A summary position of Annual Revenue Requirement (ARR) computation furnished by CCTPL along with its proposal dt. 09.07.2024 is tabulated below: Sl. 2020-21 2021-22 2022-23 Details No. (Rs. in lakhs) 1. Total Expenses as per audited Annual Accounts 17,134 21,391 21,611 2. Less: Adjustments (i) Actual Revenue share / Royalty paid to the Port (6,365) (8,622) (8,806) (ii) Interest on delayed payment of taxes (20) (9) (iii) Interest on overdraft/term loan (3) (1) (1) (iv) Provision for bad and doubtful debts (14) (36) (v) Provision for Exchange loss/ gain (102) (71) (vi) Provision for slow moving inventory (129) (vii) Net loss on fair valuation of mutual funds (1) (viii) Interest on delayed payment of MSME dues (4) (x) Other borrowing cost (16) (15) (16) Subtotal (2) (6,546) (8,749) (8,933)202 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 Sl. 2020-21 2021-22 2022-23 Details No. (Rs. in lakhs) 3 Add: Admissible Royalty/ Revenue Share as per Clause 2.2. of the Tariff 4,628 6,270 6,403 Guidelines, 2019 4. Total Expenses after adjustments 15,217 18,912 19,081 5. Average of Expenses (2020-21 to 2022-23) 17,737 6. Capital employed as on 31.3.2023 including capital work in progress as 62,311 on 31.3.2023 and working capital 7. Return on Capital Employed @ 16% 9,970 8. Annual Revenue Requirement (ARR) as on 31.3.2023 (5 + 7) 27,706 9. Indexation in the ARR @ 100% of WPI applicable for the year 2023-24 31,064 (12.12%) 10. Ceiling Indexed Annual Revenue Requirement 31,064 11 Revenue Estimation at proposed SOR as per Form-4 (Traffic volume of 6,42,983 TEUs is considered for revenue estimation which is average of 25,839 actual traffic handled during the last 3 years, i.e., 2020-21, 2021-22 and 2022-23) 7. Subsequently, a Port Users Hearing was held on 06.11.2024 at 11:00 Hrs. in ChPA’s premises. The proceedings of the Port Users Hearing and list of users / stakeholders present is available in the records of ChPA. 8. After the Port Users Hearing, Tariff Fixation Committee in the meeting held on 20.11.2024, deliberated the proposal dt. 9.07.2024 of CCTPL and recommended to submit the same to the Board for its approval with certain modifications. 9. The CCTPL has proposed certain modifications / changes/additions/deletions in the existing SOR, which was recommended by TFC to consider for Board’s approval. In addition, certain modifications in the existing SOR was recommended by TFC, while finalizing the SOR of CCTPL. 10. Based on the recommendation of TFC, the Board of Chennai Port Authority has approved the revised Scale of Rates and conditionalities of the CCTPL vide Board Resolution No.138 in its meeting held on 27.11.2024. 11. The changes proposed by the CCTPL is summarized below: a. Schedule 3.5 – Charges for Hazardous Cargo Containers / Over-dimensional Cargo Containers 9% increase in the charges of Hazardous Cargo Container and Over-Dimensional Cargo Container, i.e., increasing the premium from 37.5% to 50% as proposed by CCTPL, is approved as the proposal is found to be in line with Clause 9.9.3 of the Working Guidelines 2019 to operationalize the Tariff Guidelines, 2019. b. Schedule 3.6 – Charges for Wharfage 5% discount in the Charges of Wharfage for Foreign- going Vessel Long Haul has been removed and the same has been approved. c. (i) Schedule 3.7 – Charges for handling hatch covers for one operation (both opening and closing) – With landing hatch cover on quay and (ii) Schedule 3.8 – Charges for shifting containers within vessel (Restows) – Via Quay USD 4 (7.6%) & INR 300 (22.8%) increase in the Hatch cover charges (With landing hatch cover on quay) has been proposed for foreign and coastal vessels, respectively. USD 4 (11%) & INR 300 (32%) increase in the Restow charges (Via Quay) has also been proposed for foreign and coastal vessels, respectively. The above proposed increase in costal rate of Hatchcover and Restow is disproportionate compared to the increase for foreign vessels and is not found to be in line with Clause 8.3 of Working Guidelines 2019, where coastal concession is mandatory for ship-shore transfer and transfer to yard. As Restow and Hatchcover are onboard operation and appear to be within the purview of coastal concession, the disproportionate increase in coastal rate cannot be accepted for these services and the same percentage of increase in tariff for foreign vessels can only be considered for coastal vessels also.Dec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 203 Hence, 7.6% increase, i.e., USD 4 and INR 100.8 increase for foreign and coastal vessel respectively in the charges for hatch cover (Schedule 3.7) is approved as against the USD 4 (7.6%) & INR 300 (22.8%) proposed by CCTPL. 11% increase , i.e., USD 4 and INR 100.8 increase for foreign and coastal vessel respectively in the charges for Restow (Schedule 3.8) is approved as against the USD 4 (11%) & INR 300 (32%) proposed by CCTPL. d. Schedule 3.9 (d) - Reefer related and other General Services - Supply of electricity USD 0.67(15%) increase for foreign and INR 216(190%) increase for coastal in charges of supply of electricity (including connection and disconnection, monitoring of temperature at reefer yard) per container per 4 hours shift or part thereof as proposed by CCTPL, is approved by recognizing the increase in electricity charges by TANGEDCO put forth by CCTPL and the same is found to be in line with Clause 8.3 of Working Guidelines 2019. e. Schedule 3.12.13 - Miscellaneous Charges 10% increase of Miscellaneous Charges as proposed by CCTPL is approved based on the justification furnished that the above charges are special services which are unproductive in nature and 95% of the revenue is unaffected. f. Schedule 4- Charges leviable at the CFS (i) The existing SOR of CCTPL contains Storage charges, Charges for landing from/ Loading to vehicle, Forklift charges, Packing / Unpacking charges, labelling, Documentation and Palletization/Depalletization charges. In the proposed SOR, CCTPL has proposed new charges for Examination, Destuffing LCL Customs Inspection, Import Container Storage, Seal Verification, etc. which are derived from Schedule 3.2.3 (LCL Containers -Stuffing /destuffing of cargo at the CCT), Schedule 3.9 (Reefer related and other General Services), Schedule 3.11 (Storage Charges) and Schedule 3.12.13 (Miscellaneous charges) stating that the services are already being provided by levying charges and also restructured the existing charges. On enquiry, the CCTPL has informed that these services are being provided based on the request of Users and in order to have transparency, seperate prescription is sought. The above changes proposed by CCTPL under Charges Leviable at the CFS is approved based on the justification furnished by the CCTPL, i.e., the proposed tariff is based on specific activities being done based on the request and current market conditions and is to ensure better clarity and transparency. (ii) The following note proposed by CCTPL to align with Charges for Hazardous Cargo Containers / Over- dimensional Cargo Containers is approved as it is found to be in line with Clause 9.9.3 of the Working Guidelines 2019 to operationalize the Tariff Guidelines, 2019: Charges for Hazardous Cargo Containers / Over-dimensional Cargo Containers - A premium of 50% will be levied over charges prescribed from 4.1.1 to 4.20. g. The CCTPL has also proposed following change made in Note which is in line with Clause 5.5.1 & 5.5.2 in Tariff Guidelines, 2019 and the same is accepted Schedule Existing Modified Clause 2.3 Container-related charges denominated in US dollar All US dollar denominated tariff will be recovered terms shall be collected in equivalent Indian rupees. in Indian Rupees after conversion of charges in For this purpose, the market buying rate notified by US dollar terms into its equivalent Indian Rupees the Reserve Bank of India, State Bank of India or its at the Reference rate notified by the Reserve subsidiary or any other Public Sector Banks as may Bank of India or the market buying rate notified be specified from time to time prevalent on the date of by State Bank of India as may be specified from entry of the vessel into the Terminal (in case of import time to time.The day of entry of the vessel into containers) and on the date of arrival of containers in the port limits shall be reckoned as the day for such Terminal premises (in case of export containers) shall conversion. In respect of charges on containers, be applied for re-conversion of the dollar-denominated the day of entry of the vessel in the case of import charges into Indian rupees. 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 h. With regard to the note (Note 3.12.4) proposed by CCTPL under Schedule.3.11(Storage Charges), “All customers having annual Foreign Export Empty volume of 40,000 TEUs and above will be given204 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 additional 3 days free ie in addition to the free days as mentioned under 3.11 Sr.no.2 above. The annual volumes will be aggregated for a Calendar year and customers meeting the minimum Foreign Export Empty volume of 40,000 TEUs for this calendar year will be eligible for refund of storage charges collected for the additional 3 free days.” the proposal of CCTPL is like a scheme, which cannot form part of the SOR and the Ministry directions, for extension of concession if any, viz., coastal concession, etc., which is a policy decision can only be included in the SOR. Hence, the proposal in this connection is not approved and accordingly, deleted from the proposed Scale of Rates. 12. The changes recommended by TFC and accepted by the Board is summarized below a. Schedule 3.14 - Charges for Clearance of Garbage on-board The Charges for Clearance of Garbage on-board (Schedule 3.14) from the Scale of Rates of CCTPL is deleted as CCTPL has not reported any such service in the recent past and since as per Deputy Conservator’s circular No. G2/866/2022/M dt.05.04.2024 vendors empanelled by ChPA are only allowed to collect garbage from ships at Chennai Port and to collect the charges prescribed in the circular, the same is accepted by CCTPL and the following Note has been added: “Refer to Deputy Conservator’s circular No. G2/866/2022/M dt. 05.04.2024 in ChPA’s website as amended from time to time.” b. Further, the following clause has been modified in line with enactment of MPA Act,2021 Clause Existing Modified Clause The delay in payments by the users will be counted The delay in payments by the users will 2.6(iv) only 10 days after the date of raising the bills by the be counted only 10 days after the date of CCTL. This provision shall, however, not apply to the raising the bills by the CCTL. This provision cases where payment is to be made before availing shall, however, not apply to the cases where the services as stipulated in the Major Port Trust Act payment of charges collected in advance and / or where payment of charges in advance is is prescribed as a condition in this Scale of prescribed as a condition in this Scale of Rates Rates 12.1 Before proceeding to consider the revised SOR of CCTPL, it is pertinent to state that Tariff Authority for Major Ports (TAMP) while approving the revised SOR for CCTPL vide Order No.TAMP/55/2009-CCTL dt. 25.03.2011 effected a reduction of 35% over the then prevailing tariff of CCTPL which was approved vide order No. TAMP/21/2006-CCTPL dt. 28.03.2007 read with Review Order No. TAMP/45/2007-CCTPL dt. 19.06.2008. CCTPL challenged the above tariff Order by its Writ Petition Nos. No. 12456 and 12457 of 2011 & Writ Petition No.22196 and 22197 of 2011 filed in the Hon’ble High Court of Madras. The Hon’ble High Court vide interim order dt. 19.5.2011 stayed the operation of the TAMP Order dt. 25.03.2011 and has permitted CCTPL to charge at the (higher) rates as per earlier Tariff Order, i.e. the tariff prevailing before tariff order dt. 25.03.2011. 12.2 In the meanwhile, the Ministry of Shipping (MOS) has issued Tariff Guidelines, 2019, with respect to BOT operators who were previously governed by 2005 Tariff Guidelines. In terms of Clause 1.9 of these guidelines, CCTPL has agreed and entered into a separate agreement with Chennai Port Authority and filed its proposal with TAMP for general revision of its SOR, following Tariff Guidelines, 2019. TAMP vide order No.TAMP/25/2020-CCTPL dt. 28.10.2020 approved the revised SOR of CCTPL which was notified on 4.12.2020 and came into effect from 3.1.2021, valid for a period of 3 years. 12.3 TAMP in the above order has recorded at Para 13.2 that the tariff of the CCTPL has been fixed based on the prevailing information and without considering any adjustment of past period surplus relating to the period of litigation. Therefore, whenever the Hon’ble High Court of Madras passes Order disposing of the Writ Petition Nos. No. 12456 and 12457 of 2011 paving a way for treatment of surplus / deficit or a decision from the MOS is received on the treatment of surplus/ (deficit) arising over and above the admissible costs and permissible return during the period of litigation whichever is earlier, as stipulated in Clause 3.1.1 of the Tariff Guidelines, 2019, the tariff of CCTPL approved now would be subject to review then, so as to capture the impact of the surplus that has accrued to CCTPL during the period of litigation. 12.4 The Hon’ble High Court of Madras vide Order dt. 23.07.2024 disposed the Writ Petitions filed by CCTPL referred in Para 12.1 and as per Hon’ble High Court of Madras Order dt. 23.07.2024, the CCTPL has referred the matter to the Conciliation and Settlement Committee (CSC) constituted under the aegis of the Cabinet Committee of Economic affairs for resolution of the issue and stated that Petitioner (CCTPL) is also at liberty to take appropriate steps to challenge any adverse order passed by the CSC, in accordance with law.Dec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 205 12.5 During the last revision of tariff of CCTPL by TAMP vide Order No.TAMP/25/2020-CCTPL dt.28.10.2020, it was recorded in Para 11(xxi) by TAMP that CCTPL has stated that while it does not admit to any past surplus, it has voluntarily considered a past period surplus adjustment of 63.56 crores per annum aggregating to about Rs.190.68 crores for a period of three years. Accordingly, TAMP has decided to earmark an amount of Rs.65.54 crores per annum aggregating to about Rs.196.62 crores for a period of 3 years to be considered for adjustment towards adjustment of the past period surplus, whenever the Hon’ble High Court of Madras passes Order disposing of the Writ Petition Nos. No. 12456 and 12457 of 2011 paving a way for treatment of surplus/ deficit or a decision from the MOS is received on the treatment of surplus/ (deficit) arising over and above the admissible costs and permissible return during the period of litigation whichever is earlier. In other words, past period surplus amount to the tune of Rs.65.54 crores per annum is deemed to have been adjusted in the current exercise upto a period of 3 years and only a surplus over and above Rs.65.54 crores per annum is to be considered for adjustment in future. 12.6 During the current proposal, CCTPL has also stated that while they do not admit to any past surplus, the ARR foregone which amounts to INR 5225 lakhs per annum aggregating to INR 15676 lakhs for a period of three years should be adjusted against any past surplus, without prejudice to its rights. Accordingly, past period surplus amount to the tune of Rs.52.25 crores per annum is deemed to have been adjusted in the current exercise upto a period of 3 years and balance unadjusted amount only is to be considered for adjustment in future, subject to outcome of the CSC proceedings. 12.7 In view of the above position, the tariff now approved by the Board is subject to the out come of the settlement to be arrived by CSC on the treatment of surplus/ (deficit) arising over and above the admissible costs and permissible return during the period of litigation, as per the Order dt. 23.07.2024 of the Hon’ble High Court of Madras referred in Para 12.4. 13. In the result and as stated above, the Board of ChPA approves the revised Scale of Rates and conditionalities of the CCTPL attached as Annexure which 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 2.13 of the Tariff Guidelines 2019), subject to annual indexation as mentioned in clause 2.12 of the Tariff Guidelines 2019. The approval accorded will automatically lapse thereafter unless specifically extended by this Authority. 14. An analysis of variation will also be made at the time of the next general review of tariff of CCTPL at the end of the tariff validity period and adjustment of additional surplus will be made in the tariff to be fixed for the next cycle, in line with the stipulation contained in Clauses 3.2.1 and 3.2.2 of the Tariff Guidelines, 2019. 15 The CCTPL shall furnish to ChPA, annual reports on container traffic handled, average moves by crane per hour and average dwell time for containers. The annual reports shall be submitted by the CCTPL within 90 days following the end of each of the year. Any other information which may be required by ChPA from time to time shall also be furnished by CCTPL. 16. The tariff of the CCTPL has been fixed relying on the information furnished by CCTPL. If ChPA, at any time, during the prescribed tariff validity period, finds that the actual position varies substantially from the estimates considered or there is deviation from the assumptions accepted herein, ChPA may require CCTPL to file a proposal ahead of the schedule to review its tariff and to setoff the advantage as per the revised tariff guidelines accrued on account of such variations in the revised tariff. 17. The existing tariff of CCTPL approved by TAMP vide order No.TAMP/25/2020-CCTPL dt. 28.10.2020, expired on 02.01.2024. The validity of the existing Scale of Rates of the CCTPL is deemed to have been extended beyond 02 January 2024 till the effective date of implementation of the revised Scale of Rates notified herewith. MALLA SRINIVASA RAO Financial Advisor & Chief Accounts Officer206 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 ANNEXURE CHENNAI CONTAINER TERMINAL PRIVATE LIMITED Scale of Rates with Effect from 10/01/2025 (This SOR shall come into effect after expiry of 30 days from the date of notification of the Order passed by the Authority in the Gazette of India) PREFACE This Scale of Rates sets out the charges payable to Chennai Container Terminal Private Limited for use of services and facilities provided at the Chennai Container Terminal. 1 DEFINITIONS In this Scale of Rates, unless the context otherwise requires, the following definitions shall apply: 1.1. “CCT” means Chennai Container Terminal. 1.2. “CCTPL” means Chennai Container Terminal Pvt Limited, a company incorporated in India its successors and assigns. 1.3. “CFS” means Container Freight Station at the CCT. 1.4. “Coastal Vessel” shall mean any vessel exclusively employed in trading between any port or place in India to any other port or place in India having a valid coastal license issued by the Director General of Shipping / competent authority 1.5. “Container” means the standard ISO container, suitable for the transport and stacking of cargo and must be capable of being handled as a unit and lifted by a crane with a container spreader. 1.6. “FCL” means Containers said to contain Full Container Load. 1.7. “Foreign-going Vessel” shall mean any vessel other than a coastal vessel. 1.8. “Hazardous container” means a Container containing hazardous goods as classified under IMO. 1.9. “ICD” means Inland Container Depot. 1.1. “LCL” means Containers said to contain Less than full Container Load (Container having cargo of more than one importer/ Exporter). 1.11. “Over Dimensional Container” means a Container carrying over dimensional cargo beyond the normal size of standard containers and needing special devices like slings, shackles, lifting beam, etc. Damaged Containers (including boxes having corner casting problem) and Container requiring special devices for lifting is also classified as Over Dimensional Container. 1.12. “Per day” means per calendar day or part thereof. 1.13. “Reefer” means any Container for the purpose of the carriage of goods, which require power supply to maintain the desired temperature. 1.14. “Port” means Chennai Port Authority. 1.15. “Shut Out Container” means a container, which has entered the terminal for export for a vessel as indicated by VIAN and is not connected to the vessel for whatsoever reason. 1.16. “Tonne” means one metric Tonne of 1,000 kilograms or one cubic metre. 1.17. “Transhipment container” means a Container discharged from one vessel, stored in CCT and transported through another vessel. 1.18. “VIAN” means Vessel Identification Advise Number. 1.19. “Fumigation Facility” means facilitating decontamination of cargo which are prone to be affected by pests and which requires pesticides to decontaminate by the way of fumigation or degassing or both. 1.20. “Accredited Clients Programme” means a programme being introduced by the Customs Department by which importers registered by the department as “Accredited Clients” will form a separate category to which assured facilitation would be provided. Except for a small percentage of consignments selected on a random basis by the RMS, or cases where specific intelligence is available or where a specifically observed pattern of non-compliances required to be addressed, the Accredited Clients will be allowed clearance on the basis of self- assessment i.e.Dec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 207 as a matter of course, clearance would be allowed on the basis of their declarations, and without examination of goods. Further, this benefit would be available to the registered Accredited Clients at all the ports in the country where EDI and the RMS are operational. Customs Department expects that this measure will bring about reduction in the dwell time of cargo and transaction costs for such importers. Custom Houses may create separately earmarked facility/counters for providing customs clearance service to the Accredited Clients. Commissioners of Customs are also required to work with the Custodians for earmarking separate storage space, handling facility and expeditious clearance procedures for these clients. Further IMG has also recommended faster delivery system by creating separate area in the port premises clearly earmarked for immediate delivery of cargo to specified accredited importers’. This programme has been defined in details in Customs Circular No. 42/2005-Cus dated 24th November 2005. 1.21. “Long Haul vessels” would be defined as Vessels originating/ Destined from /to any ports in continents of Americas/ Europe/ Africa or ports beyond Singapore/ Malaysia. 2 GENERAL 2.1. Containers less than and upto 20’ in length will be reckoned as one TEU for the purpose of tariff. 2.2. Containers other than that of standard size requiring special devices / slings / handling will be charged as per 3.5 below. Such containers will also include damaged containers and any other type requiring special devices. 2.3. 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 or the market buying rate notified by State Bank of India as may be specified from time to time. The day of entry of the vessel into 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. 2.4. All charges worked out shall be rounded off to the next higher rupee on the grand total of each bill. 2.5. All invoices are issued as due on presentation. Failure to pay may cause a lien to be placed on the goods handled at the Terminal and the responsible party may be denied further use of the Terminal until all outstanding charges have been paid 2.6. (i) The user shall pay penal interest on delayed payments of any charge under this Scale of Rates. Likewise, the CCTL shall pay penal interest on delayed refunds. (ii). The rate of penal interest will be 15% per annum. The penal rate will apply to both the CCTL and the port-users equally. (iii). The delay in refunds 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. (iv). The delay in payments by the users will be counted only 10 days after the date of raising the bills by the CCTL. This provision shall, however, not apply to the cases where payment of charges collected in advance is prescribed in this Scale of Rates. 2.7. (i) 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. (ii) A foreign going vessel of foreign flag can convert to coastal run on the basis of a Coastal Voyage Licence issued by the Director General of Shipping. (iii) In cases of such conversion, coastal rates shall be chargeable by the load port from the time the vessel starts loading coastal goods. (iv) In cases of such conversion coastal rates shall be chargeable only till the vessel completes coastal cargo discharging operations; immediately thereafter, foreign going rates shall be chargeable by the discharge ports. (iv) For dedicated Indian coastal vessels having a Coastal licence from the Director General of Shipping, no other documents will be required to be entitled to coastal rates. 2.8. An LCL Container coming in and going out of the CCT as a unit load will be regarded as an FCL for the purpose of levying charges. 2.9. Users shall not be required to pay charges for delays beyond a reasonable level attributable to the CCTL.208 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 2.10. Incase a vessel idles due to breakdown or non-availability of the shore based facilities of CCTL or any other reasons attributable to CCTL, rebate equivalent to berth hire charges payable to Chennai Port Authority accrued during the period of idling of vessel shall be allowed by CCTL. 2.11. Concessional coastal tariff for ships and cargo that move from one Indian Port to another Indian Port through the territorial waters of Sri Lanka or Bangladesh in terms of Notification No.38/2018-Customs (NT) dated 11.05.2018 issued by the Central Board of Indirect Taxes and Customs, Department of Revenue, Ministry of Finance. (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 Notification No.38/2018-Customs (NT) dated 11.05.2018 issued by the 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 or vessel in terms No.38/2018Customs (NT) dated 11.05.2018 issued by the 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 provision 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. 2.12. The SOR approved by the Chennai Port Authority is subject to automatic annual indexation at 60% of the WPI to be announced by the Tariff Authority for Major Ports (TAMP). The next annual indexation in SOR is applicable from 01 May 2025. For the subsequent years, the annual indexed SOR will come into force from 1st May of the relevant year to 30th April of the following year. The indexed SOR shall be intimated by the CCTPL to the ChPA, users and to the Tariff Authority for Major Ports (TAMP). 3 CHARGES FOR CONTAINER OPERATIONS 3.1. Charges for handling FCL import and export containers and empty Containers 3.1.1. Handling by Quay Crane including l ashing/ unlashing charges. Foreign-going Foreign- going CoastalVessel Vessel others Vessel Long Haul US$ US$ INR Per FCL Container - Not exceeding 20’ in length 26.11 24.80 657.87 - Exceeding 20’ and upto 40’ in length 39.13 37.18 986.37 - Over 40’ in length 52.20 49.58 1,315.44 Per empty Container - Not exceeding 20’ in length 26.11 26.11 657.87 - Exceeding 20’ and upto 40’ in length 39.13 39.13 986.37 - Over 40’ in length 52.20 52.20 1,315.44 Services include handling by quay crane and lashing/unlashing. 3.1.2. Transportation from QC to Yard & Vice Versa Foreign- going Foreign going Coastal Vessel others Vessel Long Haul Vessel INR INR INR Per FCL Container - Not exceeding 20’ in length 743.78 706.60 446.29 - Exceeding 20’ and upto 40’ in length 1,115.64 1,059.86 669.40 - Over 40’ in length 1,487.57 1,413.19 892.54Dec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 209 Per empty Container - Not exceeding 20’ in length 368.35 368.35 221.02 - Exceeding 20’ and upto 40’ in length 552.54 552.54 331.51 - Over 40’ in length 736.70 736.70 442.02 Services include transport to and from the quayside. 3.1.3.(a) Handling at Container Yard lift on/off on to / from the Internal Transfer Vehicle Foreign- going Foreign- going Coastal Vessel others Vessel Vessel Long Haul INR INR INR Per FCL Container - Not exceeding 20’ in length 411.03 390.48 246.61 - Exceeding 20’ and upto 40’ in length 616.56 585.72 369.93 - Over 40’ in length 822.04 780.95 493.23 Per empty Container - Not exceeding 20’ in length 203.56 203.56 122.13 - Exceeding 20’ and upto 40’ in length 305.32 305.32 183.20 - Over 40’ in length 407.10 407.10 244.26 Services include lifts at Container Yard for Storage. 3.1.3.(b) Handling at Container Yard lift on/off for delivery/receipt to and from customers Foreign- going Foreign- going Coastal Vessel others Vessel Vessel Long Haul INR INR INR Per FCL Container - Not exceeding 20’ in length 411.03 390.48 411.03 - Exceeding 20’ and upto 40’ in length 616.56 585.72 616.56 - Over 40’ in length 822.04 780.95 822.04 Per empty Container - Not exceeding 20’ in length 203.56 203.56 203.56 - Exceeding 20’ and upto 40’ in length 305.32 305.32 305.32 - Over 40’ in length 407.10 407.10 407.10 Services include lifts at Container Yard for landing or loading the container from or to customer’s vehicle. 3.2. Charges for handling LCL import and export container. 3.2.1. Handling by Quay Crane including lashing/unlashing charges: Foreign- going Coastal Vessel Vessel US$ INR Per LCL Container - Not exceeding 20’ in length 26.11 657.87 - Exceeding 20’ and upto 40’ in length 39.13 986.37 - Over 40’ in length 52.20 1315.44 Services include handling by quay crane and lashing/unlashing210 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 3.2.2. (a) - Transportation of Container from QC to Container Yard and Vice Versa. Foreign- going Coastal Vessel Vessel INR INR Per LCL Container - Not exceeding 20’ in length 743.78 446.29 - Exceeding 20’ and upto 40’ in length 1,115.64 669.40 - Over 40’ in length 1,487.57 892.54 Services include transportation of container from quay to yard and vice versa to CY. 3.2.2. (b) - Handling at Container Yard on/off onto/from the Internal Transfer Vehicle: Foreign- going Coastal Vessel Vessel INR INR Per LCL Container - Not exceeding 20’ in length 411.03 246.62 - Exceeding 20’ and upto 40’ in length 616.56 369.94 - Over 40’ in length 822.04 493.22 Services include lifts at container yard for storage. 3.2.2. (c) Transport of Container from Yard to CFS and vice versa, loading and unloading container from / to customer’sv ehicle and handling at CFS Foreign- going Coastal Vessel Vessel INR INR Per LCL Container - Not exceeding 20’ in length 1,604.02 1,604.02 - Exceeding 20’ and upto 40’ in length 2,406.08 2,406.08 - Over 40’ in length 3,208.06 3,208.06 Note : Services include landing or loading the container from or to customer’s vehicle, stowage planning on vessel and yard,d ata handling, processing and transfer of data between vessel, CCTL and shipping line. Delivery of empty container will be charged a lift on/ lift off separately. 3.2.3. Stuffing / destuffing of cargo at the CCT Foreign- going Coastal Vessel Vessel US$ INR Destuffing/stuffing per container - Not exceeding 20’ in length 34.37 864.08 - Exceeding 20’ and upto 40’ in length 51.56 1,296.10 - Over 40’ in length 68.75 1,727.79Dec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 211 Note: (I) Services include stuffing or destuffing of LCL containers. (II) For stuffing/destuffing half-a-container, 50% of the above-mentioned rates will be levied. For this purpose, part stuffing / destuffing of 50% or less than 50% of a container will be treated as half-a- container. If a container is, however to be topped up or stuffed/ destuffed more than 50%, it will be treated as a full container. For customs examination at CFS if only 25% or less than 25% of a container is destuffed/stuffed then charges will be 25% of above mentioned rates. 3.3. Charges for handling ICD import and export container. charges. 3.3.1. Handling by Quay Crane including lashing/unlashing Foreign- Foreign going going Coastal Vessel Vessel Long Vessel others Haul US$ US$ INR Per loaded Container - Not exceeding 20’ in length 26.11 24.80 657.87 - Exceeding 20’ and upto 40’ in length 39.13 37.18 986.37 - Over 40’ in length 52.20 49.58 1315.44 Per empty Container - Not exceeding 20’ in length 26.11 26.11 657.87 - Exceeding 20’ and upto 40’ in length 39.13 39.13 986.37 - Over 40’ in length 52.20 52.20 1315.44 Services include handling by quay crane and lashing/ unlashing 3.3.2. Transportation from QC to container Rail Yard & Vice Versa Foreign Foreign- going Coastal going Vessel Vessel Vessel others Long Haul INR INR INR Per loaded Container - Not exceeding 20’ in length 706.63 671.30 423.96 - Exceeding 20’ and upto 40’ in length 1,059.89 1,006.89 635.93 - Over 40’ in length 1,413.20 1,342.54 847.92 Per empty Container - Not exceeding 20’ in length 349.95 349.95 209.97 - Exceeding 20’ and upto 40’ in length 524.87 524.87 314.92 - Over 40’ in length 699.88 699.88 419.93 Services include transport to container rail yard, stowage planning on vessel and yard, data handling, processing and transfer between vessel, CCT and shipping line. 3.3.3 (a) Handling at Container Yard lift on/off on to / from the internal transfer vehicle Foreign- Foreign going going Coastal Vessel Vessel Vessel others Long Haul INR INR INR Per loaded Container - Not exceeding 20’ in length 411.02 390.47 246.61 - Exceeding 20’ and upto 40’ in length 616.56 585.72 369.93212 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 - Over 40’ in length 822.04 780.94 493.23 Per empty Container - Not exceeding 20’ in length 203.56 203.56 122.13 - Exceeding 20’ and upto 40’ in length 305.32 305.32 183.20 - Over 40’ in length 407.10 407.10 244.26 Services include lifts at Container yard for storage. 3.3.3 (b) Handling at Container Yard lift on/off for delivery/receipt to and from customers Foreign- Foreign going going Coastal Vessel Vessel Vessel others Long Haul INR INR INR Per loaded Container - Not exceeding 20’ in length 411.02 390.47 411.02 - Exceeding 20’ and upto 40’ in length 616.56 585.72 616.56 - Over 40’ in length 822.04 780.95 822.04 Per empty Container - Not exceeding 20’ in length 203.56 203.56 203.56 - Exceeding 20’ and upto 40’ in length 305.32 305.32 305.32 - Over 40’ in length 407.10 407.10 407.10 Services include lift at Container rail yard, stowage planning on vessel and yard, data handling, processing and transfer between vessel, CCT and shipping line. 3.4. Charges for handling Transhipment Containers including handling by on board stevedoring labour at Quay side, lashing/unlashing charges Foreign- Foreign going going Coastal Vessel Vessel Vessel others Long Haul US $ US $ INR Per loaded Container - Not exceeding 20’ in length 31.31 31.31 887.97 - Exceeding 20’ and upto 40’ in length 46.98 46.98 1,331.37 - Over 40’ in length 62.62 62.62 1775.94 Per empty Container - Not exceeding 20’ in length 31.31 31.31 1,665.87 - Exceeding 20’ and upto 40’ in length 46.98 46.98 2,498.81 - Over 40’ in length 62.62 62.62 3,331.75 Services include handling by quay crane (discharge and loading), transport and, lifts, stowage planning on vessel and yard, data handling, processing and transfer between vessel, CCT and shipping line. Note: (I) A transhipment container sent to CFS, ICD or taken delivery locally shall be charged the local container rate (II) A Shut out charge as per Section 3.10 shall apply if - (a) The vessel nomination is changed ; or (b) If the vessel nomination is changed from a later vessel to an earlier vessel after the earlier vessel is berthed.Dec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 213 3.5. Charges for Hazardous Cargo Containers / Over-dimensional Cargo Containers. A premium of 50% will be levied over the applicable handling charges prescribed above for respective categories of containers. 3.6. Charges for Wharfage Foreign- Foreign going going Coastal Vessel Vessel Vessel others Long Haul US $ US $ INR Per Container (box only) - Not exceeding 20’ in length 1.49 1.49 37.67 - Exceeding 20’ and upto 40’ in length 2.25 2.25 56.64 - Over 40’ in length 2.98 2.98 75.04 Per Containerised Cargo INR INR INR - Not exceeding 20’ in length 820.20 820.20 492.12 - Exceeding 20’ and upto 40’ in length 1,230.29 1,230.29 738.19 - Over 40’ in length 1,640.38 1,640.38 984.23 Note: 1 The charge for containerised cargo in all cases will be in Rupee terms. 2 The charge for containers in cases of ‘foreign arrival’ and ‘foreign departure’ will be in Dollar terms. 3 The charges for containers in cases of ‘coastal arrival’ and ‘coastal departure’ will be in Rupee terms. 4 Wharfage will be charged on all containers including ICDs, transshipment, LCL and FCL and empty containers. 3.7. Charges for handling hatch covers for one operation (both opening and closing). Foreign- going Coastal Vessel Vessel others US $ INR Without landing hatch cover on quay 20.87 526.17 With landing hatch cover on quay 56.20 1,416.24 Note: Half the rate shall be charged if there is only one activity, i.e. either an opening or closing operation. 3.8. Charges for shifting containers within vessel (Restows). Foreign- going Coastal Vesse Vessel US $ INR Within hatch (without landing and reshipping) percontainer - Not exceeding 20’ in length 12.69 319.74 - Exceeding 20’ and upto 40 ’in length 19.02 479.15 - Over 40’ in length 25.35 638.89 Via Quay (shifted by landing on Quay & reshipping) per container - Not exceeding 20’ in length 41.29 1,040.43 - Exceeding 20’ and upto 40’ in length 61.94 1,560.78 - Over 40’ in length 82.58 2,081.10 Note: No Wharfage will be levied on the restow containers and containerized cargo.214 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 3.9 Reefer related and other General Services Foreign- Coastal going Vessel Vessel US $ INR a) Pre-trip inspection (including supply of electricity) 38.23 963.58 b) Connection or disconnection Services On board a Vessel 2.54 64.24 c) Cleaning of Container - Not exceeding 20’ in length 1.92 48.19 - Exceeding 20’ and upto 40’ in length 3.83 96.36 - Over 40’ in length 5.74 144.55 d) Supply of electricity (including connection and disconnection, monitoring of temperature at reefer yard) per container per 4 hour shift or part thereof. - Not exceeding 20’ in length 5.16 329.71 - Exceeding 20’ and upto 40’ in length 7.79 494.57 - Over 40’ in length 10.38 659.42 Notes (i) Above tariff does not include parameter setting or repair & maintenance of malfunctioning reefers. Above charges are also applicable to restow reefer containers. (ii) Pre-trip inspection of the reefer containers and cleaning of containers are optional services and shall be rendered when requested. Hazardous cargo will incur premium as per clause 3.5 3.10 Charges for a shut out container/ renomination of containers Foreign- Coastal going Vessel Vessel US $ INR Per Container - Not exceeding 20’ in length 28.33 1,189.88 - Exceeding 20’ and upto 40’ in length 42.52 1,785.54 - Over 40’ in length 56.68 2,380.26 Note: Above charge shall apply where - (i) an export container or a transshipment container or a re-export container is shut out and subsequently delivered out of CCT. (ii) a container is shut out by one vessel and subsequently shipped on another vessel, in addition to the charges for handling by quay crane charges. In this case, the free storage period will be given to the Container in accordance with section 3.11 from the time the container is first received. If the free storage period is exceeded, storage charges shall be calculated after the expiry of the free period up to the time of lift on. 3.11. Charges for Container storage Foreign-going Vessel Coastal Vessel Others/Long Haul Rate per container per day or Rate per container per day or Sl. No. Particulars part thereof (in US $) part thereof (in INR.) Above 20’ Above 20’ Upto 20’ and upto and upto Above Above 40’ Upto 20’ in length 40’ in 40’ 40’ in length in length length in length in length 1 Import-FCL, LCL & Empty 0- 3 days Free Free Free - - -Dec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 215 4-15 days 6.37 12.74 19.13 - - - 16-30 days 12.74 25.49 38.23 - - - Beyond 30 days 25.49 50.99 76.48 - - - 0-10 days - - - Free Free Free 11-15 days - - - 267.66 535.32 802.98 16-30 days - - - 535.32 1,070.64 1,605.98 Beyond 30 days - - - 1,070.64 2,141.30 3,211.94 2 Export – FCL, LCL & Empty 0- 7 days Free Free Free - - - 8-15 days 6.37 12.74 19.13 - - - 16-30 days 12.74 25.49 38.23 - - - Beyond 30 days 25.49 50.99 76.48 - - - 0- 10 days - - - Free Free Free 11-15 days - - - 267.66 535.32 802.98 16-30 days - - - 535.32 1,070.64 1,605.98 Beyond 30 days - - - 1,070.64 2,141.30 3,211.94 3 ICD – Import & Export – Loaded & Empty First 10 days Free Free Free Free Free Free 11-30 days 6.37 12.74 19.13 267.66 535.32 802.98 31-45 days 12.74 25.49 38.23 535.32 1,070.64 1,605.98 Beyond 45 days 25.49 50.99 76.48 1,070.64 2,141.30 3,211.94 4 Transhipment – Loaded & empty First 20 days Free Free Free Free Free Free 21-45 days 6.37 12.74 19.13 267.66 535.32 802.98 46-60 days 12.74 25.49 38.23 535.32 1,070.64 1,605.98 Beyond 60 days 25.49 50.99 76.48 1,070.64 2,141.30 3,211.94 5 Shutout – Loaded & empty First 15 days 6.37 12.74 19.13 267.66 535.32 802.98 16-30 days 12.74 25.49 38.23 535.32 1,070.64 1,605.98 Beyond 30 days 25.49 50.99 76.48 1,070.64 2,141.30 3,211.94 6 Change of status to local delivery First 3 days Free Free Free - - - 4-15 days 6.37 12.74 19.13 - - - 16-30 days 12.74 25.49 38.23 - - - Beyond 30 days 25.49 50.99 76.48 - - - First 10 days - - - Free Free Free 11-15 days - - - 267.66 535.32 802.98 16-30 days - - - 535.32 1,070.64 1,605.98 Beyond 30 days - - - 1,070.64 2,141.30 3,211.94 7 Export-Direct Port Entry Container (DPE) First 15 days Free Free Free - - - 15—30 days 12.74 25.49 38.23 - - - Beyond 30 days 25.49 50.99 76.48 - - -216 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 8 Import Loaded DPD– Direct to Factory First 5 days Free Free Free Free Free Free 6-15 days 6.37 12.74 19.13 267.66 535.32 802.98 16-30 days 12.74 25.49 38.23 535.32 1,070.64 1,605.98 Beyond 30 days 25.49 50.99 76.48 1,070.64 2,141.30 3,211.94 3.12.1. Storage period for a container shall be reckoned from the day following the day of landing upto the day of loading / delivery / removal of container. 3.12.2. For purposes of calculation of free time, Sundays, Customs notified holidays, and the Terminal’s non-operating days shall be excluded. 3.12.3 The storage charges shall not accrue for the period during which the CCTL is not in a position to deliver / ship containers when requested by the user. 3.12.4. Transhipment containers whose status is subsequently changed to local FCL/LCL/ICD shall lose the concessional storage charges. The storage charges for such containers shall be recovered at par with the relevant import containers storage tariff. 3.12.5. For hazardous container, the storage charges shall be 1.5 times the normal applicable charges under the respective slab as given above 3.12.6. For over dimensional containers including the windmill boxes. the storage charges shall be based on the actual number of ground slots the respective container occupies under respective slab as given above. 3.12.7. If boxes meant for delivery under the “Accredited Client Programme” (ACP) as explained at 1.21 above are not moved out within 3 days of its landing at the terminal, these boxes would be shifted to the normal import stack area from the designated ACP import stack area, in which case extra Lift on/Lift off and/or Shifting charges as applicable would be charged. 3.12.8. The free time and storage rates prescribed in case of ICD containers are applicable only for movement of containers to/from ICDs going by rail only. 3.12.9. Normal import containers subsequently changing the mode to either LCL or ICD containers will enjoy the free period applicable to local FCL containers. 3.12.10. Total storage period for a shut out container shall be calculated from the day following the day when the container has become shut out till the day of shipment/delivery. 3.12.11. 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 date of landing of 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 the failures to take such action within the stipulated period, the storage charge on container shall be continued to be levied till such 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 date the Customs order release of the cargo subject to lines observing the necessary formalities and bearing the cost of transportation and destuffing. Otherwise, seized/confiscated containers should be removed by the Lines/consigneeDec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 217 from the port premises to the Customs bonded area and in that case the storage charge shall cease to apply from the date of such removal. 3.12.12 The ground slots for export containers will be reserved for 7 days for weekly call of the vessel and for 5 days for bi-weekly calls of vessel. 3.12.13 Miscellaneous Charges S. No. Particulars Rate per Container (in INR) Exceeding Not 20’ in length Exceeding exceeding and upto 40’ 40’ in length 20’ in length in length (i). Fixing/removal of seal 280.41 280.41 280.41 (ii). Lift on/lift off in the CY 902.22 1,353.32 1,803.97 (iii). Charges for shifting within the Terminal 1,230.30 1,845.44 2,460.58 (iv). Change in POD 1,230.30 1,845.44 2,460.58 (v). Additional movement – Terminal to Rail or Rail to Terminal / Charges for extram ovement/ transportation 1,230.30 1,845.44 2,460.58 (vi). Change of status of Container from Rail to Road or vice-versa 1,230.30 1,845.44 2,460.58 Charges for export containers arriving in the terminal after the 1,230.30 1,845.44 2,460.58 (vii). gate cut-off timef or the particular VIAN (viii). Fixing/removal of Hazardous Sticker ( per containers) 140.21 140.21 140.21 (ix). One Door Open Charges per container 841.23 841.23 841.23 (x). Cancellation of documents - per EIR/ Documentation charges / 140.21 140.21 140.21 Damage report / weighment (xi). Non- declaration / Miss declaration of Hazardous and Over 4,206.13 4,206.13 4,206.13 Dimensional containers (xii). On- Wheel Customs inspection ( per container) 560.81 560.81 560.81 (xiii). Fumigation Charges 2,804.08 2,804.08 2,804.08 (xiv). Forklift charges for movement of Lashing Bins within the 140.21 140.21 140.21 Terminal (per Lashing B in) (xv). Provision of slings 567.16 567.16 567.16 (xvi). Cleaning of containers 567.16 567.16 567.16 (xvii). Mandatory User Charge (MUC) from 28-Oct-21 onwards 170.00 170.00 170.00 Notes (i). Cancellation charges applies when EIR is cancelled at the request of customers (ii). “One Door Open” charge is applicable for handling container which requires only one door to be kept open (e.g. Onion) and when door opening and securing is carried in the terminal. (iii). “Fixing of Seal “. Bottle seals shall be fixed on every container arriving at the terminal - by rail /road/ sea without a proper bottle seal on it, prior to allowing its entry. This shall be done without the written consent of the shipping line. The list of such containers on which a seal is affixed by the terminal shall be intimated to the lines. (iv). “Fixing/ removal of Hazardous Sticker”. Hazardous stickers indicating IMCO class only shall be affixed on a container carrying hazardous cargo. Similarly, old stickers on the container shall be removed from a container carrying nonhazardous cargo. In either case, the customer has to intimate in writing to CCT to undertake the said activity, within the terminal. (v). On- Wheel Customs inspection. The on-wheel inspection of a container shall be allowed at the nominated point only, on the written request of the customer. The container doors can be opened only under customs supervision. No stuffing/ destuffing, even partially, shall be permitted within the terminal premises. (vi). Additional movement - from terminal to rail siding or rail siding to terminal will be applicable for ICD container moved by CCT. Movement to another terminal within port will be chargeable at 2 times additional movement charges218 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 (vii). Non- Declaration / Mis-declaration of Hazardous container. The Customer has to declare the hazardous nature of the cargo as per the IMCO rules and furnish the relevant hazardous details to CCT. The above charges are only for nondeclaration/mis- declaration of the hazardous nature of the container. The liabilities and cost towards the consequences arising due to non-declaration or mis declaration shall, however, be on the customers account. (viii). “Container Weighment Charges” will be charged were the terminal is required to weigh the container due to any statutory regulations / due to wrong declaration of weight by the customers. This is also be levied whenever the customer requested to do this service. (ix) Container turning activity without grounding of container will be charged at half rate of lift on / lift off at CY (x) Containers which cannot be safely handled by use of regular equipment will be handled by using Slings, at the request of the customer. (xi) Empty containers will be cleaned on the request of the customer 3.13. Charges for supply of Fresh Water to shipping alongside the container berths. . Foreign- going Coastal US $ INR Per 1000 Liters or part thereof 8.65 363.54 3.14. Charges for clearance of Garbage on-board Refer to Deputy Conservator’s circular No. G2/866/2022/M dt.5/04/2024 on ChPA’s website, as amended from time to time. 4. CHARGES LEVIABLE AT THE CFS 4.1.1 - Examination charges DPD DPD – CFS (Amounts in $) Not exceed- Exceeding 20’ ing 20’ in and upto 40’ in Over 40’ i n length length length Examination charges (25%) 18.90 28.36 37.81 Examination charges (50%) 37.81 56.72 75.63 Examination charges (100%) 75.61 113.43 151.25 4.1.2- Examination charges Others- CFS (Amounts in $) Exceeding 20’ Not exceeding and upto Over 40’ i n 20’ in length 40’ in length length Examination charges (25%) 19.76 29.65 39.53 Examination charges (50%) 39.53 59.29 79.06 Examination charges (100%) 79.05 118.59 158.13 4.1.3- Destuffing LCL Charges (LCL UB) Destuffing/stuffing per container US$ - Not exceeding 20’ in length 40.37 - Exceeding 20’ and upto 40’ in length 60.56 - Over 40’ in length 80.74Dec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 219 4.1.4- Destuffing LCL Charges (Others) Destuffing/stuffing per container US$ - Not exceeding 20’ in length 34.37 - Exceeding 20’ and upto 40’ in length 51.56 - Over 40’ in length 68.75 Services include stuffing or destuffing of LCL containers. For stuffing/destuffing half-a-container, 50% of the above-mentioned rates will be levied. For this purpose, part stuffing / destuffing of 50% or less than 50% of a container will be treated as half-a-container. If a container is, however to be topped up or stuffed/ destuffed more than 50%, it will be treated as a full container. For customs examination at CFS if only 25% or less than 25% of a container is destuffed/stuffed then charges will be 25% of above-mentioned rates. 4.2 FCL Reefer Customs Insp (Plugging / unplugging ) - CFS Particulars US$ FCL Reefer Customs Inspection 43.96 4.3.1 - Charges for Import Container storage - (DPD DPD) - CFS Rate per container per day or part Particulars thereof (in US $) Above 20’ Charges for Container Upto 20’ Above 40’ and upto storage -CFS (Others) in length in length 40’ in length 01-15 days 7.01 14.01 21.04 16-30 days 14.01 28.04 42.05 Beyond 30 days 28.04 56.09 84.13 4.3.2- Charges for Import Container storage - (Others) - CFS Rate per container per day or part Particulars thereof (in US $) Above 20’ and Charges for Container Upto 20’ Above 40’ upto 40’ in storage -CFS (Others) in length in length length 01-15 days 7.33 14.65 22.00 16-30 days 14.65 29.31 43.96 Beyond 30 days 29.31 58.64 87.95 4.4- Seal Cutting/Fixing - CFS Above 20’ and Above Upto 20’ in In Rs upto 40’ 40’ in length in length length Seal Cutting/Fixing (FCL-Reefer 300.00 300.00 300.00 Container, LCL UB cargo -Delivery) Seal Cutting/Fixing (Others) 254.92 254.92 254.92220 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 4.5 - Lift on/lift off – CFS Above 20’ and Above Upto 20’ in In Rs upto 40’ in 40’ in length length length Lift on/lift off in the CY - (DPD DPD) 902.22 1,353.32 1,803.92 Lift on/lift off in the CY - (Others) 943.23 1,414.83 1,885.92 4.6 - Itv-Shifting Charges (Port To CFS) - CFS Particulars Rate per container In Rs Above 20’ Above Upto 20’ and upto 40’ 40’ in in length in length length ITV Shifting charges 1,500 2,000 3,000 4.7 - Truck Consolidation charges - CFS Particulars Rate per container In Rs Above 20’ and Above Upto 20’ upto 40’ in 40’ in in length length length Truck Consolidation charges 1,118.45 1,677.67 2,236.89 4.8 - On- Wheel Customs inspection (DPE) - CFS Particulars Rate per container In Rs Above 20’ and Above Upto 20’ in upto 40’ in 40’ in length length length On- Wheel Customs inspection 509.83 509.83 509.83 (DPE) 4.9 - Seal Verification charges - CFS Particulars Rate per container In Rs Above 20’ and Upto 20’ in Above 40’ in upto 40’ in length length length Seal Verification charges 586.30 586.30 586.30 4.10.1 - Storage charges - LCL UB cargo - Delivery - CFS Rate per day per – per Period CBM or per M.T whichever is higher (INR.) First 3 days Free 4 - 10 days 40.11 11 days - 20 days 80.21 21 days - 30 days 94.53 Thereafter 126.03Dec. 11, 2024] TAMIL NADU GOVERNMENT GAZETTE 221 4.10.2 - Storage charges – Others - CFS Rate per day per – Period per CBM or per M.T whichever is higher (INR.) First 3 days Free 4 - 10 days 46.13 11 days - 20 days 92.24 21 days - 30 days 108.71 Thereafter 144.93 Note : For purposes of calculation of free time, Sundays, Customs notified Holidays, and the Terminal’s non-operating days shall be excluded. 4.11.1 - Truck Loading Charges (LCL-Cargo Delivery & LCL ICD cargo Delivery) – Rs.85.93 4.11.2 - Truck Loading Charges (LCL UB cargo -Delivery & AUCTION) – Rs.98.82 4.12.1 - Packing/ unpacking charges at the request of the customer (LCL-Cargo Delivery) – Rs.91.65 4.12.2 - Packing/ unpacking charges at the request of the customer (Others) – Rs.105.40 4.13 - Valuation Charges Auction (LCL-Cargo Delivery) – Rs.91.65 4.14 - Documentation charges per consignment – Rs.350 4.15 - Insurance documentation charges per consignment – Rs.350 4.16 - Sorting /Picking charges (LCL UB cargo -Delivery) – Rs.350 4.17 - Sample cover – Rs.286.44 4.18.1 - Fork lift charges (LCL UB cargo -Delivery & Auction) – Rs.350 4.18.2 - Fork lift charges (Others) – Rs.286.44 4.19.1 - Palletization / Depalletization Per pallet (LCL-Cargo Delivery) – Rs.171.87 4.19.2 - Palletization / Depalletization Per pallet (Others) – Rs.200 4.20 - Weighment Charges – Rs.200 4.21 - Charges for Hazardous Cargo Containers / Over-dimensional Cargo Containers - A premium of 50% will be levied over charges prescribed from 4.1.1 to 4.20 MALLA SRINIVASA RAO, Financial Advisor & Chief Accounts Officer. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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