In exercise of the powers conferred by Section 48 of the Major Port Trusts Act

रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-एम.एxचxx.G-अID.E-x3x0x1 02021-230835 CG-MH-E-30102021-230835 असाधारण EXTRAORDINARY भाग III—खण्ड 4 PART III—Section 4 प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 520] नई दिल्ली, बहृ स्ट्प जतवार, अक्त बू र 28, 2021/कार्ततक 6, 1943 No. 520] NEW DELHI, THURSDAY, OCTOBER 28, 2021/KARTIKA 6, 1943 (i). (ii). 6251 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4] ष 1. Ø-la- dkxk sZfooj.k mRikndrk ekunaM 1. lhvksVh] ,uVhch vkjS ,lVhch esa izgfLrr ihvks,y mRikn flok; Q~;wjsal vkW;y (i). ,p,lMh 1050 Vu@?kaVk (ii). ,e,l 600 Vu@?kVa k (iii). ukIFkk 750 Vu@gkÅl 2 ikbiykbuk sads ek/;e l sizgfLrr lhesaV 210 Vu@gkÅl@IokbaV 2. Ø-la- ekud ?kaVk sal svf/kd okLrfod cFkZ ?kaVk sagsrq tqekuZ k izksRlkgu ¼los fd, x, cFkZ ?kaVk sads fy,½ ty;ku dh okLrfod dk;Z vof/k ¼iksr dk ifjpkyu iwjk gksus rd tqekuZ k ty;ku dh okLrfod dk;Z vof/k ¼iksr dk ifjpkyu iwjk izksRlkgu dk;Zxr cFk Zesa cfFkaZx ds chp le;½ gksus rd dk;Zxr cFkZ esa cfFkZxa ds chp le;½ 1 fofufnZ”V le; ds 5 ifzr’kr ds Hkhrj ‘kwU; fofufnZ”V le; ds 5 ifzr’kr ds Hkhrj ‘kwU; 2 5 ifzr’kr l svf/kd fofufnZ”V le; ds 15 izfr’kr rd 1.0 x cFkZ fdjk;k 5 izfr’kr l s vf/kd fofufnZ”V le; ds 15 izfr’kr 0.5 x cFkZ fdjk;k rd 3 2.0 x cFkZ fdjk;k fofufnZ”V le; ds 15 izfr’kr ds ijs derj 1.0 x cFkZ fdjk;k 3. 19 2021 (i). 2016 189 05 2017 04 2017 श 4 ष Ø-la- dkxks Z Vhih,p esa ekunaM njksa dk ykxw fd;k tuk Lka’kks/ku ds fy, vk/kkj 1 ihvks,y 650 04.06.2017 Hkkjr ljdkj dh cfFkaZx uhfr ds vuqlkj Vh,,eih dh vf/klwpuk th la- 189 fnukad 05-05-2017 lhesaV 190 2 Ikhvks,y 800 12.02.2018 cfFkaZx uhfr ds 7 ds [kaM 7-2 ij vk/kkfjr lhesaV 210 3 Ikhvks,y 1000 15.06.2018 cfFkaZx uhfr ds 7 ds [kaM 7-2 ij vk/kkfjr lhesaV 210 4 ,p,lMh 1050 14.03.2019 Vh,,eih dh vf/klwpuk th la- 60 fnukad 12 Qjojh 2019 & ihvks,y mRiknk sa ij mRikndrk esa ,e,l 600 egRoiw.k ZfHkUurk ds dkj.k] iRru }kjk ihvks,y mRiknk sads fy, lkekU; ekunaMk sadh ctk; iRru }kjk ukIFkk 750 ,p,lMh] ,e,l vkjS ukIFkk gsrq ?kVdokj ekunaMksa dk l>q ko fn;k x;k FkkA lhesaV 210 (ii). 14-03-2019 13-03-2021 (iii). 19 (iv).[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 3 (v). 7-2 60 70 (vi). ( ) 14-03-2019 15-03-2021 318 70 143 53 52 (ख) 955 543 774 38 51 69 88 7.3 70 (vii). 168 220 295 14-03-2019 15-03-2021 230 318 220 19 (viii). 64 210 73 7-2 60 70 230 55 (ix). ( ). 1.4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4] Ø-la- dkxkZs lhvkVs h] ,uVhch vkSj ,lVhch esa izgfLrr ihvks,y mRikn & ,p,lMh] ,e,l vkSj dk;Zfu”iknu ekunaM ukIFkk 1. (i). ,p,lMh 1050 Vu@?kaVk (ii). ,e,l 600 Vu@?kaVk (iii). ukIFkk 750 Vu@?kaVk 2. ikbiykbuksa ds ek/;e ls igz fLrr lhesaV 230 Vu@?kaVk@IokbaV (ख) (i). (ii). 6 (iii). Ø-la- izksRlkgu tqekZuk ¼ekud ?kaVksa ls de cFkZ ?kaVksa ds fy,½ ¼ekud ?kaVksa ls vf/kd cFkZ ?kaVksa ds fy,½ okLrfod cFkZ ?kaVs izksRlkgu okLrfod cFkZ ?kaVs izksRlkgu 1. fofufnZ”V le; ds 5 izfr’kr ds Hkhrj ‘kwU; fofufnZ”V le; ds 5 izfr’kr ds Hkhrj ‘kwU; 2. 5 izfr’kr ls ekud cFkZ ?kaVksa ds 15 izfr’kr ds ij s 5 izfr’kr ls ekud cFkZ ?kaVksa ds 15 izfr’kr ds ij s 1.0 X cFkZ fdjk;k 0.5 X cFkZ fdjk;k fuEurj vf/kd 3. ekud cFkZ ?kaVksa ds 15 izfr’kr ls ij sfuEurj 1.0 X cFkZ fdjk;k ekud cFkZ ?kaVksa ds 15 izfr’kr ls vf/kd 2.0 X cFkZ fdjk;k (iv). (v). (d). (ख). (x). (?k). (ड). (p). 30 (N). (x). (xi). 4 18 2019[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 5 5 26 2021 19 2021 9 2 18 2019 19 2021 19 2021 9 2 26 2021 iwoZ izLrko fnukad 19 tqykb Z 2021 esa izLrkfor ijS k 9 ¼2½ esa izLrkfor ‘krsa Z Lka’kkfs/kr iLz rko fnukad 26 tqykbZ 2021 esa iSjk 9 ¼2½ esa izLrkfor ‘krsa Z (i). cFk Z esa iksr ds fojke ds fy, fofufnZ”V le; dh x.kuk mi;qZDr fofufnZ”V (i). cFk Z esa ikrs ds fojke ds fy, fofufnZ”V le; dh x.kuk mi;ZqDr dk;Zfu”iknu ekunaMkas ds vk/kkj ij dh tk,xhA fofufnZ”V dk;Zfu”iknu ekunaMkas ds vk/kkj ij dh tk,xhA (ii). ‘kq:vkr ls igys vkSj i.w k Z gksus ds ckn dh vkSipkfjdrkvkas ds fy, (ii). (d). ‘kq:vkr ls igys vkSj iw.k Z gkus s ds ckn dh vkSipkfjdrkvkas visf{kr le; 6 ?kaVs ekuk tk,xkA ds fy, visf{kr le; 6 ?kaVs ekuk tk,xkA -- ([k). db Z ihvks,y mRiknksa dh <qykbZ djus okys ikrs ksa ds fy,] iRz;sd xszM ds dkxkZs ds fy, vfrfjDr nks ?kaV s ‘k:q vkr ls igy s vkSj i.w kZ gkus s ds ckn dh vkiS pkfjdrkvksa ds fy, ekus tk,axAs -- (iii). dbZ ?kVdkas dk izgLru djus okys ty;kuksa ds fy,] ekud cFk Z ?kaV s fuEuor ~ ifjxf.kr fd, tk,ax%s -- (d). ,dy ?kVd igz Lru ds le; ds fy, & ?kVd ds fy, ykxw dk;Zfu”iknu ekunaMA -- ([k). db Z ?kVdkas ds lger izgLru ds le; ds fy, & lekukUrjr% igz fLrr ?kVdksa ds fy, ykxw dk;Zfu”iknu ekunaMkas dk tkMs +A (iii). cFk Z esa fofufnZ”V le; vftZr djus esa foQyrk vFkok lQyrk ds fy,] (iv). cFk Z esa fofufnZ”V le; vftZr djus esa foQyrk vFkok lQyrk tqekuZ k@ikzRslkgu uhps rkfydkc) fd, x, vulq kj ykxw gkxs k% ds fy,] tqekuZ k@ikzRslkgu uhps rkfydkc) fd, x, vulq kj ykxw gksxk% Ø- izksRlkgu tqekuZ k l-a ¼ekud ?kaVk sa ls de cFk Z ¼ekud ?kaVk sa ls vf/kd Ø- izksRlkgu tqekuZ k ?kaVka s ds fy,½ cFk Z ?kaVk sa ds fy,½ la- ¼ekud ?kaVk sa ls de ¼ekud ?kaVk sa ls vf/kd 1. fofufnZ”V ‘kwU; fofufnZ”V ‘kwU; cFk Z ?kaVk sa ds fy,½ cFk Z ?kaVk sa ds fy,½ le; ds 5 le; ds 5 1. fofufnZ”V ‘kwU; fofufnZ”V ‘kwU; ifzr’kr ds ifzr’kr ds le; ds 5 le; ds 5 Hkhrj Hkhrj ifzr’kr ds ifzr’kr ds 2. 5 ifzr’kr ls 5 ifzr’kr ls 1.0 X Hkhrj Hkhrj ekud cFkZ 0.5 X ekud cFkZ cFk Z 2. 5 ifzr’kr ls 5 ifzr’kr ls 1.0 ?kaVk sa ds 15 cFk Z ?kaVk sa ds 15 fdjk;k ekud cFkZ 0.5 ekud cFkZ X cFkZ ifzr’kr ds fdjk;k ifzr’kr ds ?kaVk sa ds 15 X cFkZ ?kaVk sa ds 15 fdjk;k ij s fuEurj ij s mPprj ifzr’kr ds fdjk;k ifzr’kr ds 3. ekud cFkZ ekud cFkZ 2.0 X ij s fuEurj ij s mPprj ?kaVk sa ds 15 1.0 X ?kaVk sa ds 15 cFk Z 3. ekud cFkZ ekud cFkZ 2.0 cFk Z ifzr’kr ls ifzr’kr ls fdjk;k ?kaVk sa ds 15 1.0 ?kaVk sa ds 15 X cFkZ ij s fuEurj fdjk;k vf/kd ifzr’kr ls X cFkZ ifzr’kr ls fdjk;k fdjk;k ij s fuEurj vf/kd (iv). mi;ZqDr rkfydk esa fu/kkZfjr tqekuZ k ty;ku dk dkxkZs ifjpkyu (v). mi;ZqDr rkfydk esa fu/kkfZjr tqekuZ k ty;ku dk dkxks Z ifjpkyu ijw k djus esa yxu s okys vfrfjDr ?kaVk sa ¼vFkkrZ ~] okLrfod ?kaVs & ijw k djus esa yxus okys vfrfjDr ?kaVka s ¼vFkkrZ ~] okLrfod ?kaVs & ekud ?kaVs½ ds fy, olwy fd;k tk,xkA ikzRslkgu iRz;sd ekud ?kaVs½ ds fy, olwy fd;k tk,xkA ikzRslkgu iRz;sd vfrfjDr cpr fd, x, ?kaVs] vFkkrZ ~ ekud ?kaVk & okLrfod vfrfjDr cpr fd, x, ?kaVs] vFkkZr~ ekud ?kaVk & okLrfod ?kaVk ?kaVk ds fy, ns; gkxs kA ds fy, ns; gkxs kA (v). tqekuZ k@ikzRslkgu dh x.kuk djus ds iz;kstu ds fy, iRz;sd (vi). tqekuZ k@ikzRslkgu dh x.kuk djus ds i;z kstu ds fy, iRz;sd ty;ku }kjk vftZr okLrfod dk;Zfu”iknu ds ifjdyu esa] ty;ku }kjk vftZr okLrfod dk;Zfu”iknu ds ifjdyu esa] fuEufyf[kr dkj.kka s ls ifjpkyu dk :duk ‘kkfey ugha fd;k fuEufyf[kr dkj.kka s ls ifjpkyu dk :duk ‘kkfey ugha fd;k tkrk g%S tkrk g%S (d). mi laj{kd }kjk ;Fkk izekf.kr ljq f{kr ukSpkyu ds (d). mi laj{kd }kjk ;Fkk izekf.kr lqjf{kr ukSpkyu ds fy, TokjHkkVk] MªkQ~V vkfn gsr q irz h{kkjr ty;kuks a dk dkbs Z fy, TokjHkkVk] MªkQ~V vkfn gsrq irz h{kkjr ty;kuks a dk dkbs Z fojkeA fojkeA6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4] ([k). ikbyV dh nsjh ls vkiwfr Z vkSj Vx dh vuiq yC/krk ([k). ikbyV dh nsjh ls vkifwr Z vkSj Vx dh vuiq yC/krk lfgr iRru ds dkj.k ty;ku ds ukSpkyu esa dksb Z foyacA lfgr iRru ds dkj.k ty;ku ds ukSpkyu esa dksb Z foyacA (x). eklS e laca/kh fojke vkSj foyacA (x). eklS e laca/kh fojke vkSj foyacA (?k). iksrka s ds LFkkukra j.k ds dkj.k fojke vkSj foyacA (?k). iksrka s ds LFkkukra j.k ds dkj.k fojke vkSj foyacA (³). iRru }kjk ikzf/kd`r cda jksa] ejEer vkfn ds fy, (³). iRru }kjk ikzf/kd`r cda jksa] ejEer vkfn ds fy, ty;ku dk dkbs Z foLrkfjr fojkeA ty;ku dk dkbs Z foLrkfjr fojkeA (p). vf/kdre 30 feuV dh vof/k rd Mqcko los{Zk.kka s esa (p). vf/kdre 30 feuV dh vof/k rd Mqcko losZ{k.kksa esa yxu s okyk le;A yxu s okyk le;A (N). cFk Z esa iRru }kjk miyC/k djok;s x, miLdj dk (N). cFk Z esa iRru }kjk miyC/k djok;s x, miLdj dk [kjkc gkus k@vuqiyC/krkA [kjkc gkus k@vuqiyC/krkA 6 19 2021 26 2021 26 2021 27 2021 ” 06 2021 7 06 2021 (i). 26 2021 6 88 69 (ii). 7 295 220 (iii). (iv). 5 65 (v). 8 27 2021 27 2021 9 http://tariffauthority.gov.in 10 (i). 2016 ष ्् 29 2017[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 7 (ii). 48 2018 18 2019 14 2019 13 2021 (iii). 7-2 60 70 14-03-2019 15-03-2021 18 2019 1050 600 750 14-03-2019 15-03-2021 955 543 774 38 51 69 7-3 70 14-03-2019 15-03-2021 (iv). 18 2019 ष ्् 210 14-03-2019 15-03-2021 168 220 230 220 64 210 73 7-2 60 70 230 558 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4] 210 77 218 77 45 58-44 210 210 230 220 210 230 2016 7-2 60 70 (v). 3 2019 2019 (vi). 3 2019 8- 5 ष ्् 2016 (vii). 30 30 (viii). 14 2021 14 2021[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 9 11.1. 1. Ø-la- dkxkZs fooj.k mRikndrk ekunaM 1. lhvkVs h] ,uVhch vkSj ,lVhch esa izgfLrr ihvks,y mRikn & ,p,lMh] ,e,l vkSj ukIFkk (i). ,p,lMh 1050 Vu@?kaVk (ii). ,e,l 600 Vu@?kaVk (iii). ukIFkk 750 Vu@?kaVk 2. ikbiykbuksa ds ek/;e ls igz fLrr lhesaV 230 Vu@?kaVk@IokbaV 2. (i). (ii) ( ) 6 (ख) (iii). (d) (ख) (iv). ekud ?kaVksa ls vf/kd okLrfod cFkZ ?kaVksa gsrq tqekZuk izksRlkgu ¼lso fd, x, cFkZ ?kaVksa ds fy,½ Ø-la- ty;ku dh okLrfod dk;Z vof/k ¼iksr dk ifjpkyu tqekZuk ty;ku dh okLrfod dk;Z vof/k ¼iksr dk ifjpkyu izksRlkgu iwjk gksus rd dk;Zxr cFkZ esa cfFkZxa ds chp le;½ iwjk gksus rd dk;Zxr cFkZ esa cfFkZxa ds chp le;½ 1 fofufnZ”V le; ds 5 izfr’kr ds Hkhrj ‘kwU; fofufnZ”V le; ds 5 izfr’kr ds Hkhrj ‘kwU; 5 izfr’kr ls vf/kd fofufnZ”V le; ds 15 izfr’kr rd 1.0 x 5 izfr’kr ls vf/kd fofufnZ”V le; ds 15 0.5 x cFkZ fdjk;k 2 cFkZ fdjk;k izfr’kr rd fuEurj 3 fofufnZ”V le; ds 15 izfr’kr ls mPprj 2.0 x fofufnZ”V le; ds 15 izfr’kr ds ij sderj 1.0 x cFkZ fdjk;k cFkZ fdjk;k (v). (vi). ष ्् ‘ ( )10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4] (ख) ( ) ( ) (ड). ( ) 30 ( ) 3. 30 11-2- 48 2018 18 2019 , [जवज्ञापन-III/4/असा./386/2021-22] TARIFF AUTHORITY FOR MAJOR PORTS NOTIFICATION Mumbai, the 11th October 2021 No.TAMP/41/2021-COPT: —In exercise of the powers conferred by Section 48 of the Major Port Trusts Act, 1963 (38 of 1963), the Tariff Authority for Major Ports hereby approves Performance Norms based Incentive and Penalty Scheme under the Berthing Policy 2016 at the Cochin Port Trust as in the Order appended hereto. Tariff Authority for Major Ports Case No.TAMP/41/2021-COPT Cochin Port Trust … Applicant QUORUM (i). Shri. T.S. Balasubramanian, Member (Finance) (ii). Shri. Sunil Kumar Singh, Member (Economic) ORDER (Passed on this 1st day of October 2021) This case relates to the proposal received from the Cochin Port Trust (COPT) seeking approval for the Performance Norms based Incentive and Penalty Scheme under the Berthing Policy 2016. 2.1. This Authority vide its Order No.TAMP/48/2018-COPT dated 18 January 2019 has last approved the revised Performance norm based Incentive / Penalty Scheme at COPT. This Order was notified in the Gazette of India on 12 February 2019 vide Gazette No.60. The notified provision of performance and penalty/ incentive norms came into effect after expiry of 30 days from date of notification of the Order in the Gazette of India and was valid for two years.[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 11 2.2. The relevant extract of the said Order relating to revised productivity norms and incentive / penalty prescribed in the said Order is given below: 1. Performance Norms: Sr. No. Cargo Particulars Productivity Norms 1. POL products except Furnace oil, handled at COT, NTB & STB (i). HSD 1050 Tonnes / Hour (ii). MS 600 Tonnes / Hour (iii). Naphtha 750 Tonnes / House 2 Cement handled through Pipelines 210 Tonnes / House / Point 2. Incentive / Penalty: For failure or success in achieving the stipulated time at berth, penalty / incentive will be applicable as tabulated below: Sr. No. Penalty for actual berth hours exceeding the Incentive (for Berth Hours saved) normative hours Actual working period of the Penalty Actual working period of the Incentive ship (time between berthing ship (time between berthing at the working berth till at the working berth till completion of vessel’s completion of vessel’s operation) operation) 1 Within 5% of the stipulated time Nil Within 5% of the stipulated Nil time 2 More than 5% to 15% of the 1.0 x Berth Hire Lower beyond 5% to 15% of 0.5 x Berth Hire stipulated time the stipulated time 3 2.0 x Berth Hire Lower beyond 15% of the 1.0 x Berth Hire stipulated time 3. The main points made by COPT in its proposal dated 19 July 2021 are summarised below: (i). In accordance with the Berthing Policy issued by Ministry of Shipping, Government of India in June 2016, the Performance Norms based Incentive and Penalty Scheme was implemented in Cochin Port with effect from 04 June 2017 after approval and notification by Tariff Authority for Major Ports (TAMP) vide Gazette No.189 dated 05 May 2017. The said Scheme for cargo operations at COPT was instituted for POL Products except Furnace Oil, handled at COT, NTB & STB, and Cement handled through Pipelines, and the norms fixed during last 4 years as given below: Sl. Norms in Applicability of the Cargo Basis for revision No. TPH rates 1 POL 650 04.06.2017 TAMP’s Notification G No. 189 dated 05.05.2017 in Cement 190 accordance with the GOI Berthing Policy 2 POL 800 12.02.2018 Based on Clause 7.2 of 7 of Berthing Policy Cement 210 3 POL 1000 15.06.2018 Based on Clause 7.2 of 7 of Berthing Policy Cement 210 4 HSD 1050 14.03.2019 TAMP’s Notification G No.60 dated 12 February 2019 – MS 600 Due to Significant variation in productivity across POL Naphtha 750 products commodity-wise norms for HSD, MS and Cement 210 Naphtha was suggested by port instead of the common norms for POL Products. (ii). The present productivity norms were effective from 14.03.2019 with a validity of two years, upto 13.03.2021 (iii). However, due to oversight and the COVID-19 Pandemic disrupting normal life, the proposal for renewal of the Scheme could not be submitted within the stipulated time. The delay in submitting the proposal may kindly be condoned. (iv). The implementation of the ‗Performance Norms based Incentive and Penalty Scheme‘ under the Berthing Policy has contributed to improvement in productivity for the cargo under the scheme. (v). As per Clause 7.2 of the Berthing Policy, the port should increase the norms if more than 60-70% of the ships are achieving the set norms. Accordingly, the following revised ‗Performance Norms based Incentive and Penalty Scheme for POL Products – HSD, MS and Naphtha handled at COT, NTB & STB; and Cement handled through pipelines is proposed for renewal of the Scheme.12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4] (vi). POL Products – HSD, MS and Naphta – handled at COT, NT & STB (a). COPT analyzed the performance of ships those handled HSD, MS and Naphtha at COT, NTB & STB for the period from 14.03.2019 to 15.03.2021. Out of the 318 ships that handled these products, 70 ships had handled two products; HSD and MS simultaneously; 143 ships had handled HSD alone; 53 ships had handled MS alone and 52 ships had handled Naphtha alone. While BPCL handled all the three Products, IOCL and HPCL handled import of HSD & MS. (b). The average productivity in the above period was found to be 955 TPH for HSD, 543 TPH for MS and 774 TPH for Naphtha. The norms were achieved by 38% of ships carrying HSD, 51% of ships carrying MS and 69% (inadvertently mentioned by port as 88% and subsequently corrected) of ships carrying Naphtha. As per Clause No. 7.3 of the Berthing Policy, exception is that if more than 70% of ships cannot meet norms, the Chairman, in consultation with Board can relax the norm. However, it is proposed to retain the norms for POL Products – HSD, MS and Naphtha handled at COT, NTB & STB at the existing level. (vii). Cement handled through Pipelines: While analyzing the productivity of Cement vessels, the average productivity was found to be 220TPH (the figure of 295TPH was communicated wrong inadvertently by COPT) for the 168 ships that were handled in the two year period from 14.03.2019 to 15.03.2021. Out of the four cement companies operating at the port, three companies are bringing self-unloading ships, and the average productivity of Cement for these companies was found to be 230 TPH (inadvertently mentioned as 318TPH). The fourth operator, Zuari Cements, brings normal ships that have to be unloaded using a shore based un-loader with distinctly lower productivity, and the decline of the average productivity to 220 TPH is because of this. None of the Zuari Cements 19 ships could achieve the prescribed norm. The operator has, however, indicated to the port that they plan to shift to self-unloading ships as in the case of the other operators. (viii). On analysis, it is seen that 64% of the ships achieved the norm of 210 TPH per point; and if the ships of Zuari Cements are excluded, 73% of the ships achieved the norm. Clause 7.2 of the Policy stipulates that if more than 60%-70% of ships are achieving the set norms, then, the port should increase the norms. Therefore, the norm for Cement handled through Pipelines is proposed to be revised to 230 TPH per point, which was achieved by 55% of the total ships. (ix). Accordingly, the revised ‗Performance Norms based Incentive and Penalty Scheme‘ for POL Products – HSD, MS and Naphtha handled at COT, NTB & STB; and Cement handled through Pipelines is proposed for examination and approval by this Authority, as under: (a). Incentive & Penalty Scheme based Performance Norms: 1. Performance Norms Sr. no. Cargo POL Products – HSD, MS and Naphtha – handled at COT, NTB Performance norms & STB 1. (i). HSD 1050 Tonnes/Hour (ii). MS 600 Tonnes/Hour (iii). Naphtha 750 Tonnes/Hour 2. Cement handled through Pipelines 230 Tonnes/Hour/Point (b). Incentive & Penalty: (i). The stipulated time for a vessel‘s stay at berth will be calculated based on the performance norms prescribed above. (ii). Time required for pre-commencement and post-completion formalities shall be considered as 6 hours. (iii). For failure or success in achieving the stipulated time at berth, penalty / incentive will be applicable as tabulated below: Sr. Incentive Penalty No. (For Berth Hours less than Normative Hours) (For Berth Hours exceeding Normative Hours) Actual Berth Hours Incentive Actual Berth Hours Penalty 1. Within 5% of Normative Berth Within 5% of Normative Berth Nil Nil Hours Hours 2. Lower beyond 5% to 15% of More than 5% to 15% of 1.0 X Berth Hire 0.5 X Berth Hire Normative Berth Hours Normative Berth Hours 3. Lower beyond 15% of Normative More than 15% of Normative 2.0 X Berth Hire 1.0 X Berth Hire Berth Hours Berth Hours[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 13 (iv). Penalty prescribed in the above table will be levied for additional hours (i.e., Actual Hours – Normative Hours) taken to complete the ship‘s cargo operation. Incentive will be payable for every additional hour saved, i.e. Normative Hour-Actual Hour. (v). In computing actual performance achieved by each ship for the purpose of calculating penalty / incentive, stoppage of operation on account of the following are to be excluded. (a). Any stay of ships waiting for tide, draft, etc. for safe sailing as certified by the Deputy Conservator. (b). Any delay in sailing of the ship due to the port including late supply of pilot and unavailability of tug. (c). Weather related stoppages and delays. (d). Stoppages and delays due to shifting of vessels. (e). Any extended stay of the ship for bunkers, repair etc., authorized by the port. (f). Time consumed for draft surveys upto maximum period of 30 minutes. (g). Break-down/ non availability of Port provided equipment at berth. (x). It is also requested to kindly extend the validity of the prevailing scheme until the revised scheme is approved and notified by this Authority. (xi). Approval of the Board of Trustees of the COPT as required will be obtained and intimated to this Authority. 4. On perusing the proposal of COPT, it is seen that the COPT has proposed to revise the Performance norms for Cement only. For other cargo items viz. HSD, MS and Naptha, the port for the reasons stated has proposed to retain the existing norms prescribed in the Order dated 18 January 2019. 5. Subsequently, the COPT vide its email dated 26 July 2021 has forwarded the revised conditionalities w.r.t Para 9 (2) of its earlier proposal dated 19 July 2021 citing that a few existing conditionalities prescribed in the Order dated 18 January 2019 were found omitted in its proposal dated 19 July 2021. A comparative statement showing proposed conditionalities at Para 9 (2) in its earlier proposal dated 19 July 2021 and incorporated in its communication dated 26 July 2021 (omitted conditionalities are highlighted in Bold) is given below: Proposed conditionalities at Para 9 (2) proposed in Proposed conditionalities at Para 9 (2) in the revised the earlier proposal dated 19 July 2021 proposal dated 26 July 2021 (i). The stipulated time for a vessel’s stay at berth will (i). The stipulated time for a vessel’s stay at berth will be calculated based on the stipulated performance be calculated based on the stipulated performance norms as mentioned above. norms as mentioned above. (ii). Time required for pre-commencement and post (ii). (a). Time required for pre-commencement and completion formalities shall be considered as 6 post completion formalities shall be considered as hours. 6 hours. -- (b). For vessels carrying multiple POL products, additional two hours for each `````` grade of cargo shall be considered for pre- commencement and post completion formalities. -- (iii). For ships handling multiple commodities, the Normative Berth Hours will be computed as under -- (a). For the time of single commodity handling – Performance norm applicable for the commodity. -- (b). For the time of concurrent handling of multiple commodities – Sum of the Performance norms applicable for the commodities handled simultaneously. (iii). For failure or success in achieving the stipulated (iv). For failure or success in achieving the stipulated time at berth, penalty / incentive will be applicable time at berth, penalty / incentive will be applicable as tabulated below: as tabulated below: S. Incentive Penalty S. Incentive Penalty No. (for Berth Hours (for Berth Hours No. (for Berth Hours (for Berth Hours less than Normative exceeding less than exceeding Hours) Normative Hours) Normative Hours) Normative Hours) 1. Within 5% Nil Within 5% Nil 1. Within 5% Nil Within 5% Nil of of of of Normative Normative Normative Normative Berth Hours Berth Berth Berth Hours Hours Hours14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4] 2. Lower 0.5 x More than 1.0 x 2. Lower 0.5 x More than 1.0 x beyond Berth 5% to Berth beyond Berth 5% to Berth 5% to Hire 15% of Hire 5% to Hire 15% of Hire 15% of Normative 15% of Normative Normative Berth Normative Berth Berth Hours Berth Hours Hours Hours 3. Lower 1.0 x More than 2.0 x 3. Lower 1.0 x More than 2.0 x Beyond Berth 15% of Berth Beyond Berth 15% of Berth 15% of Hire Normative Hire 15% of Hire Normative Hire Normative Berth Normative Berth Berth Hours Berth Hours Hours Hours (iv). Penalty prescribed in the above table will be levied (v). Penalty prescribed in the above table will be levied for additional hours (i.e., Actual Hours – Normative for additional hours (i.e., Actual Hours – Normative Hours) taken to complete the ship’s cargo Hours) taken to complete the ship’s cargo operation. Incentive will be payable for every operation. Incentive will be payable for every additional hour saved, i.e. Normative Hour – Actual additional hour saved, i.e. Normative Hour – Hour. Actual Hour. (v). In computing actual performance achieved by each (vi). In computing actual performance achieved by ship for the purpose of calculating penalty / each ship for the purpose of calculating penalty / incentive, stoppage of operation on account of the incentive, stoppage of operation on account of the following are to be excluded. following are to be excluded. (a). Any stay of ships waiting for tide, draft etc. for (a). Any stay of ships waiting for tide, draft etc. for safe sailing as certified by the Deputy Conservator. safe sailing as certified by the Deputy (b). Any delay in sailing of the ship due to the Port Conservator. including late supply of pilot and unavailability of (b). Any delay in sailing of the ship due to the Port tug. including late supply of pilot and unavailability of (c). Weather related stoppages and delays. tug. (d). Stoppages and delays due to shifting of (c). Weather related stoppages and delays. vessels. (d). Stoppages and delays due to shifting of (e). Any extended stay of the ship for bunkers, vessels. repair etc. authorized by the Port. (e). Any extended stay of the ship for bunkers, (f). Time consumed for draft surveys upto repair etc. authorized by the Port. maximum period of 30 minutes. (f). Time consumed for draft surveys upto (g). Break-down/ non-availability of Port provided maximum period of 30 minutes. equipment of berth. (g). Break-down/ non-availability of Port provided equipment of berth. 6. In accordance with the consultation process prescribed, a copy each of the COPT proposal received vide email dated 19 July 2021 and subsequent email dated 26 July 2021 was circulated vide our letter dated 26 July 2021 and 27 July 2021 respectively to the users/ user organisations seeking their comments. A copy each of the comments received from the users/ user organisations was forwarded to the COPT as feedback information. The COPT has furnished its comments on the comments of users/ user organisations vide its email dated 06 September 2021. 7. Further, the COPT vide its email dated 06 September 2021 has also made following submissions: (i). In the proposal sent to TAMP on 26 July 2021 at Para 6, norms achieved for ships carrying Naphtha were inadvertently mentioned as 88% which may please be read as 69%. (ii). Further, at Para 7 of their proposal the average productivity of cement vessels which were mentioned as 295 TPH may also be read as 220 TPH. (iii). It may kindly be noted that the aforesaid revisions do not warrant any change in the norms proposed. (iv). The proposal was placed in the meeting of the Board of Trustees of COPT held on 12 August 2021 vide Agenda Item No.D-5 and Board vide Resolution No.65 resolved to approve the proposal. A copy of Board Agenda and Resolution is also furnished. (v). TAMP may kindly approve the revised scheme and extend the validity of the prevailing scheme until the revised scheme is approved and notified by this Authority. 8. A joint hearing in this case was held on 27 August 2021 through Video Conferencing. The COPT made a power point presentation and has also furnished a copy of the presentation vide its email dated 27 August 2021. The COPT and the concerned users / user organizations have made their submissions at the joint hearing.[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 15 9. The proceedings relating to consultation in this case are available on records at the office of this Authority. An excerpt of the comments received and arguments made by the concerned parties will be sent separately to the relevant parties. These details will also be made available at our website http://tariffauthority.gov.in. 10. With reference to the totality of the information collected during the processing of this case, the following position emerges: (i). The Ministry of Shipping (MOS) in June 2016 has issued the Berthing Policy for Dry Bulk Cargo for Major Ports, and directed all the Major Port Trusts to implement the norms with incentives and penalties. The policy lays down standardized guidelines for all major ports to compute performance norms for different dry bulk commodities, taking into account the infrastructure available at ports. The Berthing Policy does not cover Liquid cargo like POL Products (except Furnace Oil, Benzene and Vaccum Residue) and cement handling through pipe line. The Cochin Port Trust (COPT), however, with an aim to improve the productivity at the port at the benchmark level and incentivize the vessel for improved performance and penalize if performance is below the proposed performance level, had sought approval of performance standards for the above two predominant cargo handled at the port along with penalty / incentive linked to the productivity levels which was approved by this Authority vide Order dated 29 March 2017. (ii). Subsequently, in accordance with the Berthing Policy, the port reviewed the actual Performance for these commodities and proposed commodity wise performance norms for POL Products viz., High Speed Diesel (HSD), Motor Spirit (MS) and Naphtha instead of common performance for POL products then prevailing along with revised performance norms for Cement handled through pipelines. This Authority vide Order No.TAMP/48/2018- COPT dated 18 January 2019 has approved the revised performance norms and Incentive/ Penalty linked to performance norms for HSD, MS and Naphtha and for Cement handled through pipelines for cargo operations at COPT as proposed by the COPT. The said Order came into effect from 14 March 2019 and was valid upto for two years, i.e. 13 March 2021. (iii). Clause 7.2 of the Berthing Policy stipulates that if more than 60%-70% of ships are achieving the set-norms, then the port should increase the norms. The Berthing Policy requires the ports to review the performance norms every quarter in the first year until target norms are achieved. In view of the above, the COPT has reviewed the productivity actually achieved at the port in the two years period from 14.03.2019 to 15.03.2021 vis-à-vis the prescribed Performance Norms. The Performance norms prescribed in the last Order dated 18 January 2019 is 1050 tonnes / hour for HSD, 600T / hour for Motor Spirit and 750 T / hour for Naphtha. The port has reported that the average productivity achieved during the period of two years from 14.03.2019 till 15.03.2021 is 955 T/hour for HSD, 543 T/hour for Motor Spirit and 774 T/hour for Naphtha. The port has further reported that the prescribed norms were achieved by 38% of ships carrying HSD, 51% of ships carrying MS and 69% of ships carrying Naphtha. The port has cited clause 7.3 of the Berthing Policy, which states that if more than 70% of ships cannot meet the norms, the Chairman in consultation with the Board can relax the norm. The port has, however, proposed to retain the prevailing norms for POL products viz., HSD, MS and Naphtha handled at COT, NTB and STB. In view of the above position, and recognising the COPT has proposed to retain the existing norms for POL products viz., HSD, MS and Naphtha handled at COT, NTB and STB on the basis of actual performance achieved at the port from 14.03.2019 to 15.03.2021 and the same is approved by the Board of Trustees of COPT, this Authority is inclined to approve the same as proposed by the port for the said cargo items of POL products viz., HSD, MS and Naphtha handled at COT, NTB and STB. (iv). As regards cement handled through pipeline, the Performance norms prescribed in the last Order dated 18 January 2019 is 210 TPH. The port has reported that the average productivity achieved during the period of two years from 14.03.2019 till 15.03.2021 at 220 TPH for the 168 ships. Out of the four cement companies operating at the port, three companies are bringing self-unloading ships, and the average productivity of Cement by these companies is reported to be 230 TPH. The fourth operator, Zuari Cements, brings normal conventional ships that have to be unloaded using a shore based un-loader which decline the average productivity to 220 TPH. The operator has, however, indicated to the port that they plan to shift to self-unloading ships as in the case of the other operators. The COPT has further confirmed that 64% of the ships achieved the norm of 210 TPH per point; and if the ships of Zuari Cements are excluded, 73% of the ships have achieved the prescribed norm. Clause 7.2 of the Policy stipulates that if more than 60%-70% of ships are achieving the set norms, then, the port should increase the norms. Therefore, the norm for Cement handled through Pipelines is proposed to be revised to 230 TPH per point, which was achieved by 55% of the total ships.16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4] The Ultra Tech Cement Limited (UCL) has requested to retain the performance standard at the existing level of 210 TPH on the grounds that average productivity achieved is not consistent; it varies from ship to ship based on its evacuation. In response, the COPT has categorically stated that from the analysis done by the port, out of the 77 ships of Ultra Tech Cements, the average productivity of the ships is found to be 218 TPH. Further, 45 out of 77 ships (58.44%) have achieved the norm of 210 TPH and above. Hence, the COPT has viewed that the marginal increase in the norm from 210 TPH to 230 TPH is not expected to impact the customer adversely. Further, the Penna Cement Industries Limited (PCIL) has requested that the cement performance parameters for cement handled through pipelines be grouped into categories on the basis of distance of the silo from the vessel. The port while admitting that distance between the ship and the silo impacts productivity, has justified its proposal stating that when cement as a commodity across different terminals is analyzed, the average productivity is found to be of 220 TPH. The proposal to increase the norm marginally from 210 to 230 TPH was in consideration of the differences among the terminals. Clause 7.2 of the Berthing Policy, 2016 issued by the MOS requires the Major Port Trusts to review the norms and increase the norms if more than 60%-70% of ships are achieving the set-norms until target norms are reached. The proposal of the COPT complies with the said clause of the Berthing Policy. The request made by the UCL to maintain status quo in the performance norms is not found to be in line with the Berthing Policy. In view of the justification furnished by the port and recognizing that the proposal of the port intends to improve the performance of the port and to improve turnaround time of vessel and is also approved by the Board of Trustees of COPT and also since the proposal filed by the port is in compliance with the direction of Berthing Policy issued by the MOPSW, this Authority approves the revised performance norms proposed by the port for cement handled through pipeline (v). The port has proposed to retain the existing incentive and penalty scheme and the conditionalities prescribed in the January 2019 Order except the note (3) regarding validity period of the proposed Performance Norms. That being so, the existing incentive and penalty scheme and the conditionalities prescribed in the January 2019 are continued to be prescribed. The validity of the Performance Norms is dealt with in the subsequent paragraph. (vi). The January 2019 Order at note no. (3) prescribes validity of Performance Norms for a period of two years from the date it comes into effect as then proposed by the Port. Clause 8.5 of the Berthing Policy stipulate that performance norms will be revised every quarter during the first year until target norms for commodity are reached. Subsequent revisions will be done yearly or upon upgradation of berth infrastructure. The first year of implementation of the penalty/ incentive linked to performance norms is already over and the port has during the first year revised the norms twice based on quarterly review of the actual performance. That being so, in the absence of COPT proposing the note as regards validity of the performance norms, the validity of the revised norms approved is prescribed for a period of one year from the date it comes into effect in line with the Berthing Policy, 2016. (vii). Ordinarily, the rates approved by this Authority have prospective effect after expiry of 30 days from the date of notification of the Order in the Gazette of India. Therefore, the revised productivity norms approved by this Authority comes into force after expiry of 30 days from the date of notification of the Order in the Gazette in line with the approval generally accorded by this Authority. (viii). As stated earlier, the Performance Norms approved in the last Order is valid upto 14 March 2021. The COPT has requested that the validity of the prevailing Performance Norms which expired on 14 March 2021 to be extended until the revised Performance norms come into effect. In view of the request made by the port, the existing Performance norms is deemed to have been extended from the date of expiry till the revised Performance Norms comes into effect. 11.1. In the result, and for the reasons given above and based on a collective application of mind, this Authority approves the following revised Performance norms and inter linked incentive and penalty scheme: ―Incentive and Penalty Scheme based on Performance Norms 1. Performance Norms: Sr. No. Cargo Particulars Productivity Norms 1. POL Products – HSD, MS and Naphtha – handled at COT, NTB & STB: (i). HSD 1050 Tonnes / Hour (ii). MS 600 Tonnes / Hour (iii). Naphtha 750 Tonnes / Hour 2. Cement handled through Pipelines 230 Tonnes / Hour / Point[भाग III—खण् ड 4] भारत का रािपत्र : असाधारण 17 2. Incentive/ Penalty (i). The stipulated time for a vessel‘s stay at berth will be calculated based on the stipulated performance norms as mentioned above. (ii) (a). Time required for pre-commencement and post completion formalities shall be considered as 6 hours. (b). For vessels carrying multiple POL products, additional two hours for each additional grade of cargo shall be considered for pre commencement and post completion formalities. (iii). For ships handling multiple commodities, the ‗Normative Berth Hours will be computed as under: (a). For the time of single commodity handling- Performance norm applicable for the commodity. (b). For the time of concurrent handling of multiple commodities - Sum of the Performance norms applicable for the commodities handled simultaneously. (iv). For failure or success in achieving the stipulated time at berth, penalty / incentive will be applicable as tabulated below: Penalty for actual berth hours exceeding the Incentive (for Berth Hours saved) normative hours Actual working period of the Actual working period of the Sr. No. ship (time between berthing at ship (time between berthing the working berth till Penalty at the working berth till Incentive completion of vessel’s completion of vessel’s operation) operation) Within 5% of the stipulated 1 Within 5% of the stipulated time Nil Nil time More than 5% to 15% of the Lower beyond 5% to 15% of 2 1.0 x Berth Hire 0.5 x Berth Hire stipulated time the stipulated time More than 15% of the stipulated Lower Beyond 15% of the 3 2.0 x Berth Hire 1.0 x Berth Hire time stipulated time (v). Penalty prescribed in the above table will be levied for additional hour (i.e., Actual hours – Normative Hours) taken to complete the ship‘s cargo operation. Incentive will be payable for every additional hour saved i.e. Normative Hour – Actual hour. (vi). In computing actual performance achieved by each ship for the purpose of calculating penalty / incentive, stoppage of operation on account of the following are to be excluded: (a). Any stay of ships waiting for tide, draft, etc. for safe sailing as certified by the Deputy Conservator. (b). Any delay in sailing of the ship due to the Port including late supply of pilot and unavailability of tug. (c). Weather related stoppages and delays. (d). Stoppages and delays due to shifting of vessels (e). Any extended stay of the ship for bunkers, repair, etc. authorized by the Port. (f). Time consumed for draft surveys upto maximum period of 30 minutes (g). Break-down / non-availability of port provided equipment at berth. 3. The performance and penalty/ incentive norms as specified above will be effective after expiry of 30 days from date of notification of the Order in the Gazette of India and will remain valid for one year.‖ 11.2. The validity of existing performance norms approved by this Authority vide Order No.TAMP/48/2018-COPT dated 18 January 2019, is deemed to have been extended from the date of its expiry till the revised performance norms in this Order approved comes into effect. T.S. BALASUBRAMANIAN, Member (Finance) [ADVT.-III/4/Exty./386/2021-22] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.