Home India Part III-Section 2 CHENNAI PORT TRUST - The Chennai Port Trust (Licensing of St...
Date: 2021-07-14 Category: Not Applicable State: Tamil Nadu Country: India

CHENNAI PORT TRUST - The Chennai Port Trust (Licensing of Stevedoring and Shore handling) Regulations, 2021.

Issued by Part III-Section 2 · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document consists of two separate notifications published in the Tamil Nadu Government Gazette on July 11, 2018. The first notification concerns the sale of unclaimed goods at the Chennai Port Trust via E-Auction in August 2018 if not cleared within 10 days. The second notification introduces the V.O.Chidambaranar Port Trust (Licensing of Stevedores & Shore Handling Agents) Regulations, 2018. **Key Points / Main Content** *Chennai Port Trust Unclaimed Goods Auction* * E-Auction will be conducted in August 2018 for unclaimed packages not cleared within 10 days of this notice. * Auction is conducted under Section 48 of the Customs Act, 1962, and Sections 61 and 62 of the Major Port Trust Act, 1963. * Lists specific lot numbers, vessel names, descriptions of goods, and areas where goods are located. * Sets out specific terms and conditions of sale, including inspection, "AS IS WHERE IS" basis, and EMD deposit requirements. * Specifies deadlines for payment, customs formalities, and goods removal; mentions penalties for non-compliance. * The Trust reserves the right to withdraw items, and the bidder may be debarred from bidding in future auctions. * GST and Income Tax apply as per rules. *V.O. Chidambaranar Port Trust Stevedoring and Shore Handling Agents Regulations, 2018* * Applicable to stevedoring and shore handling activities undertaken by the Port or licensed agents, or Build Operate Transfer Terminal Operator. * Defines key terms like "Act," "Board," "Chairman," "Stevedoring," and "Shore Handling." * Requires applicants for stevedoring and shore handling licenses to apply in Form A with necessary documents. * Licenses are issued based on royalty on normative tariff fixed by Tariff Authority for Major Ports, valid for three financial years. * Applicants must demonstrate financial stability, deposit a security deposit of five lakh rupees, and employ qualified personnel. * Renewal of licenses requires compliance with safety norms, a report on performance, and application three months before expiry in Form A. * Details the responsibilities of Stevedoring and Shore Handling Agents, including compliance with labor laws and safety standards. * Outlines grounds for cancellation or suspension of licenses. * Establishes a mechanism for appeals against orders related to licenses. * Addresses deployment of workers, setting performance norms, training, and use of modern technology. * Details the requirement for publishing tariff information on websites. **Impact Analysis** *Chennai Port Trust / Auctioneers* *Impact:* Responsible for conducting the E-Auction of unclaimed goods, adhering to legal requirements, and managing sale conditions. They will be responsible for ensuring payments are made and custom formalities are completed. They will be responsible for management of good removals. *Action Required:* Conduct the E-Auction in August 2018. *Bidders / Purchasers* *Impact:* Potential purchasers must comply with terms and conditions of sale. *Action Required:* Inspect goods, pay the bid amount in full, complete customs formalities, and remove the goods within the specified time frame. *Stevedoring and Shore Handling Agents* *Impact:* Subject to new licensing regulations. *Action Required:* Apply for licenses using Form A, comply with licensing requirements, ensure safety standards, follow performance norms, and comply with obligations and responsibilities outlined in the regulation. *V.O. Chidambaranar Port Trust / Chairman / Traffic Manager* *Impact:* Responsible for administering and enforcing the Stevedoring and Shore Handling Agents Regulations. *Action Required:* Review performance, monitor compliance, issue licenses, and take action against violations. Nodal officer to be appointed to handle complaints on violation of stevedoring and shore handling ceiling tariff. *Customers of V.O. Chidambaranar Port Trust* *Impact:* Are entitled to know the ceiling tariffs of Stevedoring and Shore handling activities. *Action Required:* Be aware of tariff information available at the website.

Key Entities Referenced

V.O.Chidambaranar Port Trust (Licensing of Stevedores & Shore Handling Agents) Regulations, 2018: Regulations concerning the licensing of stevedores and shore handling agents at the V.O.Chidambaranar Port Trust. Major Port Trusts Act, 1963 (38 of 1963): The foundational law granting powers to port trusts, referenced as the legal basis for the regulations. V.O.Chidambaranar Port Trust: The port authority to which the stevedoring and shore handling regulations apply. Chennai Port Trust: The port authority that manages the unclaimed goods mentioned in the advertisement. Chennai: Location of Chennai Port Trust and relevant to advertisement of unclaimed goods.
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© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2018 [Price : Rs. 4.80 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 28] CHENNAI, WEDNESDAY, JULY 11, 2018 Aani 27, Vilambi, Thiruvalluvar Aandu–2049 Part III—Section 2 Statutory Notifi cations and Orders issued by Heads of Departments. NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. CONTENTS Pages. CHENNAI PORT TRUST OFFICIAL ADVERTISEMENT TRAFFIC DEPARTMENT List of Unclaimed and Uncleared Goods in Chennai Port Trust Premises .. .. .. 74-75 V.O.CHIDAMBARANAR PORT TRUST V.O.Chidambaranar Port Trust (Licensing of Stevedores & Shore Handling Agents) Regulations, 2018 .. .. .. .. .. .. .. .. .. 76-83 D TP—III-2 (28) [73]74 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. CHENNAI PORT TRUST OFFICIAL ADVERTISEMENT TRAFFIC DEPARTMENT List of Unclaimed and Uncleared Goods in Chennai Port Trust Premises (Swh/Gazette/2018-I/TC) No. SRO C-15/2018.—Notice is hereby given that the under-mentioned packages remaining uncleared in the Trust's premises which have been given notice and listed in the current publication but have not so far been disposed by auction and will be sold by E-Auction during the month of August 2018, if they have not been cleared within 10 days of this notice under Section 48 of Customs Act, 1962 (as amended) and Section 61 and 62 of the Major Port Trust Act, 1963 (No.38 of 1963) as amended by the Major Port Trust (Amendment) Act, 1974 (No.29 of 1974), by Chennai Port Trust's Auctioneers. If any packages are not sold in the auction for which they are listed, they will be included for sale in the succeeding auctions. CHENNAI PORT TRUST SALES WARE HOUSE SI.No. Lot No. Vsl.Name/ Vsl.SI. No./IGM Line Marks and Num- Description & No. of Lying Area Date of Arrival No. No. bers Packages 1 29/16 Ruining 2 1666/2126590 E/L Nil Wire Rod Coils-3 Coils JD-I 19/12/2015 2 004/17 HAN HE 022/2161930 5 1 X 660 MW,SE/ Supply of Boilers, JD-II 09/04/2017 Projects/ETPS/ Turbine, Generators & Tangedo, Auxiliaries (BTG Pack- Ennore, Chennai age) for 1 x 660 MW 57, India Supercritical coal based Thermal Power Project (133 Pkgs./297353 Kgs. 3 011/17 THOROC 1211/2176989 5 Consignee: STC Press Frame one WQ-IV ISADORA Unity Forge Pvt. Second hand Mechani- 18/10/2017 Ltd., (As per cal Trimming Press B/L) (1 Pkg./38, 000Kgs.) 4 015/17 GLOVIS CON- 1556/2181337 6 TEO Contractor 04 Pkgs. NQ DOR 07/12/2017 No.57, Pioneer (1 unpacked rubble Road, master machine/ 1 Singapore, unpacked rubble 628508 C/No.1- master machine screen 4 (As per B/L) (04 Pkgs./30362.300 Kgs.) 5 001/18 VINALINES 1886/SB - Nil Bulk Stone Aggregate SQ-II FREEDOM No.3775814 (6492 Mts.) 25/01/2018 CONDITION OF SALE 1. Lots to be examined by the intending purchaser before bidding and to be taken with all faults and errors of description. 2. The goods are to be taken on 'AS IS WHERE IS' basis. The Trust shall not take the responsibility with reference to weights, measurements, quantities, qualities, etc., 3. E-Auction will be conducted online by the Trust's Auctioneer, M/s.MSTC Limited, Southern Regional Offi ce, Leelavathi Building, II Floor, 69, Armenian Street, Chennai-600 001, through their website www.mstcecommerce.com. 4. Earnest Money Deposit (EMD) by way of Demand Draft/ECS/RTGS/NEFT/ Online (Internet Banking system) in favour of ''The Chairman, Chennai Port Trust'' should be deposited with the Auctioneer before bidding.July 11, 2018] TAMIL NADU GOVERNMENT GAZETTE 75 5. The demand draft/pay order of the unsuccessful bidder will be returned back after completion of E-Auction by the Auctioneer. Chennai Port Trust will not pay any interest to the bidder on the EMD amount/Balance amount/Refund amount or any deposits. 6. The highest bidder to be the purchaser and in the event of any dispute arising between two or more bidders, the lots so Disputed should be put up again and resold. 7. The bid amount shall be paid in full, immediately after the bid is knocked down. If this not possible, the balance amount should be paid to the Trust's Financial Adviser and Chief Accounts Offi cer on or before 4.00 p.m. on the third day, calculating from the date of confi rmation of sale, failing which the amount paid will be forfeited and the Trust will resell the lot either privately or by Public Auction or E-Auction at the risk and responsibility of the defaulters. 8. Goods advertised for sale will not be withdrawn by the Trust, except on payment of suffi cient deposit to cover the Harbour dues, demurrage Charges and other charges due thereon. 9. The goods sold in Auction will not be delivered to the purchaser unless the purchaser produces Delivery Order from the Auctioneers for having paid the amount in full. Also the bidder should complete the Customs formalities, such as payment of Customs duty, if any. 10. Goods sold in Auction shall be allowed three free days excluding Sundays and Board's holidays from the date of confi rmation of sale and thereafter shall be charged applicable Port charges at daily rates as per Scale of Rates, upto and including the date of clearance. 11. Within the free period, the bidder shall Collect Bills of Entry with assessed Customs duty amount from the Trust and remit the same to Customs with proper receipt. 12. The lots sold will be lying at the risk of the purchaser and must be removed within the free period of three working days from the date of confi rmation of sale at the purchaser's expenses. 13. The purchasers are distinctly warned that if the goods are not cleared within eight days from the date of expiry of free period, the sale of lot shall stand Cancelled and the EMD/bid amount will be forfeited. The bidder will have no claim whatsoever over the material and the same will be sold either privately or by Public Auction or E-Auction. The fi rst purchaser will in such a situation be held liable for any loss arising from such resale and will forfeit any advances together with auctioneer's commission. 14. The Trust shall reserve the right to withdraw any of the items notifi ed for sale without assigning any reason for such withdrawals. However, if any payment has been made, it would be refunded. 15. The Port shall reserve the right to take such action against the defaulting bidder as deemed fi t by the Trust and/or can debar the said bidder from bidding in the current and/or future auctions also. 16. The bidders shall gain admission into the Harbour on the days of Inspection by obtained Harbour Entry Permit (HEP) on payment from the Assistant Traffi c Manager, Computer Pass Section, Chennai Port Trust, Chennai-600 001. The successful bidder should also obtain HEP on payment for clearing the goods. 17. The delivery of the lots would be allowed from 1000 Hrs. to 1300 Hrs. and 1400 Hrs to 1700 Hrs. only. 18. The GST and Income Tax as applicable will be levied additionally as per rules in force. 19. Terms: Demand Draft /ECS/RTGS/NEFT/Online payment thro' any Nationalized Bank. 20. All the lots sold in the auction are subject to confi rmation. 21. If any packages are not sold in the auction for which they are listed they wil be included for sale on the succeeding sale by Auction. 22. The Trust reserves the right to amend and modify 'Terms and Conditions' and announce the same if need be while the auction is in progress or prior to commencement of Auction. B. MADHAN, Chennai-600 001, Deputy Traffi c Manager (C), 5th July 2018. Chennai port Trust.76 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 V.O.CHIDAMBARANAR PORT TRUST V.O.Chidambaranar Port Trust (Licensing of Stevedores & Shore Handling Agents) Regulations, 2018. (No.TRA-OFTBL-VSL-STEVE-V2-17-VOL-III (42540)D/1451) No. SRO C-16/2018.— In exercise of the powers conferred by section 123 of the Major Port Trusts Act, 1963(38 of 1963), the Board of Trustees of V.O.Chidambaranar Port Trust hereby makes the following regulation, namely:- 1. Short title and commencement.- (1) These regulations may be called the V. O. Chidambaranar Port Trust (Licensing of Stevedores and Shore Handling Agents) Regulations, 2018. (2) These Regulations shall come into force on the date of publication of the approval of the Central Government in the Offi cial Gazette in pursuance of sub-section(1) of Section 124, read with sub-section(1) of Section 132 of the Major Port Trusts Act, 1963(38 of 1963). 2. Application.- (1) These regulations shall be applicable for the following activities, namely:- (a) Stevedoring and Shore Handling activities undertaken by the Port or by the licensed Stevedoring and Shore Handling agents or by any other agents under any other name; (b) Stevedoring and Shore Handling by the Build Operate Transfer Terminal Operator as specifi ed in the license agreement; (c) The activities relating to Shore Handling on-shore involving workmen and extending to hook point for export (loading) cargo and from the hook point of import (unloading) cargo involving workmen on-shore or whatever practice prevalent in Ports : (2) No Agency shall undertake to perform the activities referred to in sub- regulation(1) in the Port unless and until they are issued a valid licence by the Port for the purpose. 3. Defi nitions.– In these regulations, unless the context otherwise requires, - (i) “Act” means the Major Port Trusts Act, 1963 (38 of 1963) ; (ii) The applicant shall be a company registered under Companies Act, 2013(18 of 2013) or a partnership fi rm. (iii) “Board” means the Board of Trustees of the Port of V. O. Chidambaranar constituted under the Act ; (iv) “Chairman” means Chairman of the Board; (v) “Form” means the forms annexed to these regulations; (vi) “Stevedoring” means loading and unloading and stowage of cargo in any form on-board the vessels in Port; (vii) “Shore Handling” means arranging and receiving the cargo to or from the hook point, inter modal transport from Wharf to stack yard and vice versa and also receiving and delivering of cargo from or to wagons or trucks and (viii) “Traffi c Manager” means the Offi cer for the time being in charge of the Traffi c Department of the V. O. Chidambaranar Port Trust. 4. Issue of Stevedoring and Shore Handling License.- (a) The application for issue of Stevedoring and Shore Handling Licence shall be made by an applicant in Form- A along with requisite documents. (b) The Stevedoring and Shore Handling Licence shall be issued on the basis of royalty on the normative tariff fi xed by Tariff Authority for Major Ports for handling of different cargo items, within the Port and this tariff shall be the ceiling tariff.July 11, 2018] TAMIL NADU GOVERNMENT GAZETTE 77 (c) The applicant may charge the rates from their Principals not exceeding the ceiling tariff fi xed by Tariff Authority for Major Ports under clause (b). (d) The fi nancial standing of an applicant shall be able to meet the obligations on account of wage and compensation under the Workmen's Compensation Act, 1923 (8 of 1923), the Payment of Wages Act, 1936 (4 of 1936), the Industrial Disputes Act, 1947(4 of 1947), or any other law for the time being in force arising in regard to the workers and staff employed by such Agent. (e) The applicant shall deposit a security deposit of fi ve lakhs rupees which shall be refunded or discharged without interest after adjusting the claims, if any, when the licensee ceases to operate. (f) The applicant shall undertake to have in its employment at least six supervisory personnel with minimum two years experience in cargo handling operations and their profi les have to be enclosed along with the application. (g) The fee for issue or renewal of Stevedoring and Shore Handling License shall be fi fty thousand rupees plus applicable taxes for the period of one year or part of a year. (h) No applicant shall be allowed to work in the Port premises except under a license issued by the Chairman under these regulations. (i) The Chairman may issue Stevedoring and Shore Handling license for a period of three years. 5. Validity and Renewal of Stevedoring and Shore Handling License.-(a) The Stevedoring and Shore Handling license shall be valid for a period of three fi nancial years from the date of issue. (b) The daily performance report on capturing productivity achieved by the Stevedoring and Shore Handling agent in the Form – B shall be submitted by the Stevedoring and shore handling agent to the Traffi c department online. (c) The Chairman of the Port Trust shall review the performance of the Stevedoring and Shore Handling agent every month. (d) Compliance of terms and conditions of the license issued to the agents, safety norms followed by the agents shall be monitored by Traffi c Manager and a report in this regard to be submitted to the Chairman. (e) Where the Traffi c Manager fi nds any default on the part of Stevedoring and Shore Handling agent, he shall cause to issue a warning in the event of fi rst default and in the event of second default, the license of the Stevedoring and shore Handling Agent shall be liable to be cancelled by the Chairman. (f) At the end of three years, the license shall be renewed on the basis of the performance reports referred to in clause (d). (g) The application for renewal of Stevedoring and Shore Handling Services shall be made three months before the expiry of the existing license period. (h) Delayed renewal applications shall not be accepted and the License shall expire on the expiry date. (i) The application for renewal of Stevedoring and Shore Handling Services shall be made in the Form – A (j) Before issue of renewal of licenses, a report regarding the safety performance compliance of Dock Safety Statutes shall be obtained from the “Inspector” declared under the Dock Workers (Safety, Health and Welfare) Act, 1986 which shall be taken into consideration while issuing the renewal of the License (k) If the Stevedore and Shore handling agent fulfi ls the required condition and is eligible for renewal but awaiting safety clearance before expiry of the license period, the Port may permit the Stevedoring operation by such agent on execution of Indemnity bond. (l) In case of Stevedores who do not opt for further renewal their security deposit shall be refunded without any interest after adjusting the claims, if any, when the license ceases to operate. (m) The renewal of the Stevedoring and Shore Handling Services License shall be valid for a period of three fi nancial years from the date of renewal .78 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 (n) In the event of loss or defacing of the original license, a duplicate license may be obtained on application made to the Traffi c Manager on payment of One Thousand rupees. 6. Migration to the New Stevedoring and Shore Handling Scheme.- The Stevedoring and Shore Handling Agent who have been issued license before the commencement of this regulation would be deemed to be considered as a licensee under this regulation: Provided that any additional requirement to be satisfi ed by the licensee based on this regulation, shall be required to be fulfi lled by the licensee within a period of one month. 7. Change in the name, constitution, to be communicated.-(a) Where the Stevedore Shore Handling is a partnership fi rm or a company it shall immediately communicate to the Chairman any change of the Director, Managing Director or partners, as the case may be with a copy of the document in support of such change. (b) Any change in the name, title or constitution of a fi rm or company holding a Stevedoring Shore Handling Licence shall be communicated to the Chairman forthwith. (c) The partnership fi rm or company which has undergone such a change shall submit a fresh application for the grant of new license: Provided that the Chairman may allow such fi rm or company to carry on business till a decision is taken on such fresh application. 8. Stevedoring and Shore Handling Charges.-(a) The Tariff Authority for Major Ports shall notify the normative tariff for Stevedoring and Shore Handling activities based on a set of guidelines to be issued by Tariff Authority for Major Ports which shall be the ceiling tariff and in case of any change in role for Tariff Authority for Major Ports in future, the Board or the Competent Authority shall fi x and notify the rates based on the same principles. (b) All customers of V.O.Chidambaranar Port Trust shall be notifi ed on the ceiling tariffs set for Stevedoring and Shore handling activities and the tariff shall be mandatorily displayed on the Port’s offi cial website. (c) The Port shall appoint a nodal offi cer responsible for monitoring of Stevedoring and Shore Handling tariffs and such Offi cer shall be responsible for handling all complaints on violation of Stevedoring and Shore Handling ceiling tariff. (d) The Port shall charge a royalty as the licence fee for the Stevedoring and Shore Handling licenses. (e) The Port Trust shall fi x a per Metric Tonne royalty rate uniformly to be paid by all licensees as fi xed by the Board. 9. Duties and responsibilities of Stevedoring and Shore Handling Agent.– Every Stevedore and Shore Handling Agent shall be subject to the following duties, obligations and responsibilities during the currency of Stevedoring and Shore Handling license issued to him by the Chairman, namely:- (i) the Stevedore and Shore Handling Agent shall ensure due compliance by all the staff and the workers employed by him during the operation of landing, loading transporting goods or work incidental thereto, of the provisions of the Dock Workers ( Regulations of Employment ) Act, 1948 ( 9 of 1948), the Dock Workers (Safety, Health and Welfare) Scheme, 1961, the Dock Workers (Safety, Health and Welfare) Act,1986 ( 5 of 1986), the Industrial Dispute Act, 1947 (14 of 1947) and the payment of Bonus Act, 1965 (21 of 1965) Minimum Wages Act,1948 (11 of 1948) and rules, regulations and schemes issued there under, relating to such operations and for the time being in force ; (ii) the Stevedore and Shore Handling Agent shall undertake to provide minimum equipment or gear either owned or hired by him ; (iii) the Stevedore and Shore Handling Agent shall be solely responsible for any accident or damage resulting from the use of any gear used by him ; (iv) the Stevedore and Shore Handling Agent shall comply with all accepted safe practices in relation to operations performed by him ; (v) the Stevedore and Shore Handling Agent shall indemnify the Board against all third party claims arising out of operations performed by him;July 11, 2018] TAMIL NADU GOVERNMENT GAZETTE 79 (vi) In event of any accident, Stevedore and Shore Handling Agent is liable to settle the claim as per the provisions of the Workmen's Compensation Act, (1923); (vii) Whenever casual workers are deployed, the Stevedore and Shore Handling Agent shall ensure that such workers are covered by the insurance policy; (viii) If any gear, plant and other property of the Board is damaged in the course of any such operation, the Stevedore and Shore Handling Agent shall compensate the Board for such loss or damage, the extent of which shall be decided by the Chairman after carrying out a proper enquiry ; (ix) The Stevedore and Shore Handling Agent shall agree to refer any dispute or difference between the licensee and the V. O. Chidambaranar Port Trust as to the payment of compensation, its quantum or any connected question to a single Arbitrator nominated by the Chairman; (x) The arbitration procedure shall be governed by the provisions of the Arbitration and Conciliation Act,1996 (26 of 1996); (xi) The place of arbitration shall be Tuticorin; (xii) The Stevedore and Shore Handling Agent shall submit promptly any information asked for by the Chairman or the Traffi c Manager from time to time ; (xiii) The Stevedore and Shore Handling Agent shall pay scheduled charges to Port in advance and in case of dues pending, the License shall not be renewed and liable to be cancelled; (xiv) The Stevedore and Shore Handling Agent shall provide for adequate supervision over the workers employed by the licensee in order to ensure maximum productivity consistent with the requirements of safety; (xv) The Stevedore and Shore Handling Agent shall provide all the necessary gear equipment duly tested for the respective type of cargo; (xvi) The Stevedore and Shore Handling Agent shall produce the gear, equipment, with necessary annealing and test certifi cates, for inspection periodically or whenever demanded by the Inspector, Dock Safety or the Traffi c Manager; (xvii) The Stevedore and Shore Handling Agent shall provide the workers necessary protective safety appliances appropriate for the type of cargo ; (xviii) The Stevedore and Shore Handling Agent shall ensure that the workers are available at the work site throughout the shift period, except during the recess hours and render the normal output and shall take effective steps to improve the performance whenever output falls below normal ; (xix) The Stevedore and Shore Handling Agent shall make adequate arrangements for ancillary operations such as fi lling, stitching and breaking of cargo, stacking of cargo on-board or Shore; (xx) The Stevedore and Shore Handling Agent shall not assign, transfer or in any manner part with any interest or benefi t in or under the license to any other person without the prior approval in writing of the Chairman; (xxi) The Stevedore and Shore Handling Agent shall comply with all the instructions as may be issued from time to time by the Traffi c Manager in the interest of safety, improved productivity and labour discipline; (xxii) The Stevedore and Shore Handling Agencies shall publish their tariff along with break up on their web sites; (xxiii) The Stevedore and Shore handling agencies should comply with all provisions of labour welfare laws strictly in accordance with the provisions of the laws and the rules, regulations and schemes made hereunder. 10. Cancellation or Suspension of license.-(a) The Port may at any time suspend or cancel the license issued to a Stevedores and Shore Handling agent for violation of any of the terms of license or for any of the following reasons, namely:- (i) The Chief Executive Offi cer of the Stevedore and Shore Handling Agency has been convicted by any court of law for any offence involving moral turpitude and sentenced in respect, thereof, to imprisonment for not less than six months, and a period of fi ve years has not elapsed from the date of expiry of the sentence.80 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 (ii) The Agency is found to be charging higher than the ceiling tariff fi xed for Stevedore and Shore Handling activities in the Port. (iii) The fi rm does not achieve the performance standards specifi ed in the license on an average over a period of three months. (iv) In case of violation of safety regulations and mandatory Dock Safety measures. (v) In case of adopting improper and unsafe handling methods. (vi) In case of misrepresentation or misstatement of material facts. (vii) The Agency is adjudged insolvent or going into liquidation. (viii) Transfer of the Stevedoring operations or subletting of the license to any other person. (ix) In case of violation of security related rules and instructions code compliance. (x) Any other misconduct which in the opinion of the Chairman warrant such cancellation or suspension. (xi) In case of indulging in illegal or corrupt practices. (xii) In case of non adherence to labour laws. (b) No such license shall be cancelled or suspended under this regulation, as the case may be, until the holder of the license has been given a reasonable opportunity of being heard. 11. Appeal.-Any person aggrieved by any order relating to cancellation or suspension or refusal to issue licenses, may prefer an appeal in writing to the Chairman of the V.O.Chidambaranar Port or any other higher authority, as the case may be, within thirty days from the date of receipt of communication of the order of suspension or cancellation. 12. Deployment of workers from Port/CHD/License Holder or outside.-(a) Existing practice of deploying Port labour by Stevedoring and Shore Handling Services agents may continue and in case, the Port is unable to supply the requisite workers against the requisition placed by Stevedores and Shore Handling agent, the Port may allow the Stevedoring and Shore Handling Services agent to make their own arrangement for this purpose. (b) No notional booking or levying of charges shall be made and agents shall not be levied any charges for labour, in case the Port Trust does not supply the labour. (c) The Stevedore and Shore Handling Agent shall undertake to pay the workers engaged by him wages in accordance with the terms of wage settlement arrived at between the Central Government and the Federations of Port and Dock Workers. 13. Performance Norms.-(a) The Productivity norms for the Stevedore and Shore handling agents shall be calculated on the basis of “ Berthing Policy for Dry Bulk cargo for Major Ports, 2016” as issued by the Ministry of Shipping. (b) Performance based penalty and incentives shall be enforced in accordance with the “Berthing Policy for Dry Bulk cargo for Major Ports, 2016” issued by Ministry of Shipping. (c) The monthly performance summary capturing productivity achieved by the respective agents shall be published on the Port’s offi cial website to ensure transparency to the Customers. 14. Training, Use of Modern Technology.-(a) The personnel deployed in Stevedoring and Shore Handling activities shall be trained in modern methods of cargo handling for improving the productivity, effi ciency and safety. (b) Specialised training courses for the Stevedoring and Shore Handling operations may be introduced in Indian Maritime University. 15. Interpretation.- If any question arises as to the interpretation of these regulations, the same shall be decided by the Board.July 11, 2018] TAMIL NADU GOVERNMENT GAZETTE 81 FORM – A (see clause(a) of regulation 4 and clause (i) of regulation 5) V.O.CHIDAMBARANAR PORT TRUST TRAFFIC DEPARTMENT To The Traffi c Manager, VO Chidambaranar Port Trust. APPLICATION FORM FOR THE GRANT/RENEWAL OF STEVEDORING LICENCE 1. Name of the applicant : 2. Whether a company registered under Com- panies Act or a partnership fi rm or any other legal entity (Article of partnership / Company to be produced) : 3. Full Address : 4. Year/s for which license is required : 5. Name/s of the Steamship Company / Char- terer of ships / Owner of cargo, with whom the contract for stevedoring their vessel/cargo subsists or is proposed to be entered: (proof of Contract for the period covered is to be ap pended. The approximate tonnage for each party is to be indicated): 6. Previous experience in the fi eld (The cargo and tonnage stevedored in previous 3 years to be furnished) : 7. Amount of fi nancial ability to meet the obliga- tion on account of wages, compensation under Workmen’s Compensation Act, etc. (A Certifi cates from the Bankers as to the fi nancial ability and PAN Card Xerox) :82 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 8. Whether the applicant has / is willing to acquire adequate gear for stevedoring the contracted vessel/cargo? (List of gear with necessary Certifi cates to be furnished) : 9. Whether the applicant has / is willing to have in his employment adequate staff with experi- ence and conversance with Rules and Regula- tions? (A list of the staff and their experience to be furnished) : 10. Whether the applicant has cleared all dues, if any, on account of transactions he had with the Port Trust? : 11. Whether the applicant has made the following deposits :- Licence fee of Rs. 50,000/- Deposit of Rs. 5. 00 lakh towards liabilities under the Workmen’s Compensation Act, 1923, Payment of Wages Act, 1936, Industrial Disputes Act, 1947, etc. & to meet contingency valid for the period for which the licence is required under column 4 of this Form : (a) I affi rm that the particulars given are true to the best of my knowledge and belief. (b) I agree to furnish any other information/produce any record for inspection as may be required, to consider the request for grant of license. I agree to abide by the V.O.Chidambaranar Port Trust (Licensing of Stevedoring and Shore Handling Agents) Regulations, 2018 and to comply with the directions made by the V.O.Chidambaranar Port Trust, from time to time, if the license is issued/renewed. Signature of applicant and SealJuly 11, 2018] TAMIL NADU GOVERNMENT GAZETTE 83 B-mroF )5 noitaluger fo )b( esualc ees( TSURT TROP RANARABMADIHC.O.V )TNEMTRAPED CIFFART( TROPER ECNAMROFREP YLIAD oT ,reganaM c fifarT ehT .tsurT troP ranarabmadihC.O.V : etaD deldnaH .ytQ -rofreP etad nO tnegA gnirodevetS segrahcsiD/daoL smroN .ytQ/ograC SAC lesseV )TM ni( ecnam )TM ni( emaN )TM ni( AOL ecnalaB etad otpU .porP ecnamrofreP smroN )TM ni ( laeS dna erutangiS yraterceS tnioJ ,NARDNEJAR .U ,nirocituT .reganaM c fifarT .8102 ,yluJ ht5 PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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