Union of India - Act
New Mangalore Port Trust (Licensing of stevedoring and shore handling) Regulation, 2019
UNION OF INDIA
India
India
New Mangalore Port Trust (Licensing of stevedoring and shore handling) Regulation, 2019
Rule NEW-MANGALORE-PORT-TRUST-LICENSING-OF-STEVEDORING-AND-SHORE-HANDLING-REGULATION-2019 of 2019
- Published on 19 March 2019
- Commenced on 19 March 2019
- [This is the version of this document from 19 March 2019.]
- [Note: The original publication document is not available and this content could not be verified.]
2. The said regulation as approved shall come into force from the date of publication of this notification in the official Gazette.
Schedule
In exercise of the powers conferred by section 123 of the Major Port Trusts Act, 1963 (38 of 1963) the Board of Trustees of the New Mangalore Port Trust hereby makes the following regulations, in supersession of the New Mangalore Port Trust (Licensing of Stevedores) Regulation, 2009, except as respects things done or omitted to be done before such supersession, namely: -1. Short title and commencement.
2. Definitions.
- In these Regulations, unless the context otherwise requires, -3. Application.
- These regulations shall apply to the stevedoring activities on board and shore handling activities on shore undertaken by the agent, but shall not apply to such activities undertaken either by the Board or by any person with whom Public Private Partnership agreement or Build-Operate -Transfer agreement or such other agreement has been entered into by the Board.4. No person to undertake stevedoring or shore handling activities without licence.
- No person shall undertake to perform the stevedoring and shore handling activities in the port unless he has been issued a valid licence under these regulations:Provided that a person to whom licence has been issued prior to the coming into force of these regulations may continue to operate under the existing licence for a period of sixty days or till he obtains a licence under these regulations, whichever is earlier.5. Criteria for issue of license.
- A licence for carrying out the stevedoring and shore handling activities may be issued to an applicant who fulfills the following criteria, namely: -6. Issue of licence.
7. Validity and renewal of licence.
8. Performance Standards and tariff for stevedoring and shore handling activities.
9. Payment of Royalty.
10. Duties and responsibilities of agents.
- Every agent shall perform the following duties and have the following responsibilities, namely, -11. Duties of Traffic Manager.
12. Deployment of workers of Board, Dock Labour Board, license holder or other source.
- The agent shall deploy the workers of the Board in accordance with the law for the time being in force and in case the Board is unable to supply the workers as sought by the agent, the Board may allow the agent to make its own arrangement and in such case, no charges shall be leviable by the Board.13. Suspension and cancellation of licence.
14. Appeal.
- A person who is aggrieved by the order of refusal to issue of licence under regulation 6 or by the order of refusal to renew licence under regulation 7 or by the order of suspension or cancellation under regulation 13 may prefer an appeal to the Central Government within thirty days of the receipt of the order appealed against.15. Refund of security deposit.
- The security deposit is liable to be refunded to the agent, after making adjustments of the claims of the Board, if any, in the following circumstances, namely: -| Form - ANew Mangalore Port TrustTraffic DepartmentPanambur, Mangalore - 575 010 |
| Sl. No. | Description | Details To Be Filled By The Applicant |
| 1 | Name of the applicant | |
| 2 | Whether the applicant is a company registeredunder the Companies Act, 2013 or a partnership firm or has anyother legal entity (documentary proof to be attached) | |
| 3 | Address for Communication | |
| 4 | Applicant's PAN No. or TIN No. | |
| 5 | Applicant's GSTIN No. | |
| 6 | Contact number of applicant | |
| 7 | Name of the person to be contacted and mobileNo. | |
| 8 | E-mail and fax No. of the applicant | |
| 9 | Period for which licence is required | |
| 10 | Name(s) of the steamship or company or chartererof ship or owner of cargo, with whom the contract for stevedoringand sore handling of cargo is finalized or is proposed to beentered in to (enclose copy of contract). Approximate tonnage foreach party is to be indicated. | |
| 11 | Previous experience in stevedoring activitiesand shore handling activities (enclose proof of the cargo andtonnage handled in the previous three years) | |
| 12 | Whether the applicant has financial capabilityto meet any obligation that may arise on account of payment ofcompensation under the Employee's Compensation Act, 1923 (enclosesolvency certificate for rupees ten lakhs from the banker to showfinancial capabilities and income tax returns of previous threeyears). | |
| 13 | Whether the applicant possesses equipment andgears required for stevedoring activities and shore handlingactivities (enclose list of equipment and gears with safetycertificate) | |
| 14 | Whether the applicant has employed or is willingto give an undertaking to employ at least six supervisorypersonnel possessing minimum two years' of experience in cargohandling and stowage required for undertaking the stevedoringactivities and shore handling activities (enclose list ofemployees, their detailed profile including work experience) | |
| 15 | Whether the applicant has made payment ofapplication fee as specified in regulation 6/ regulation 7 to theFinancial Adviser and Chief Accounts Officer of the Board forissue / renewal of license (enclose proof of payment) | |
| 16 | In the event of issue of license, whether theapplicant is willing to pay security deposit as specified inregulation 6. | |
| 17 | Whether the applicant has cleared all dues inrespect of earlier transactions, if any, with the Board (enclosecopies of no due certificates from the concerned authorities ofthe Board) | |
| 18 | In case of renewal of licence, enclose safetyclearance certificate granted by inspector of dock safety. Ifnot, enclose duly executed original indemnity bond as in Form -C. |
1. Name of the Licensee........................................................................
2. Address.............................................................................................
3. Period for which the licence is granted from ..............................to................................
4. Any other particulars required to mentioned
....................................................................................................................................................................................................................................................................................................................................................................................................................................SealFor ChairmanNew Mangalore Port TrustConditionsThis licence is granted subject to the provisions of the Major Port Trust Act, 1963 (38 of 1963) and New Mangalore Port Trust (Licensing of Stevedoring and Shore Handling) Regulation, 2019 as amended from time to time.Every stevedoring and shore handling agent shall be subject to the duties, obligations and responsibilities imposed under New Mangalore Port Trust (Licensing of Stevedoring and Shore Handling) Regulation, 2019 and more specifically the following:(a)The stevedoring and shore handling agent and all its staff and workers engaged for undertaking stevedoring and shore handling activities and work incidental thereto will ensure compliance with the provisions of the Dock Workers (Safety, Health and Welfare) Act, 1986 and the Dock Workers (Safety, Health and Welfare) Regulations, 1990 and notifications issued there under, the Industrial Disputes Act, 1947, the Minimum wages Act, 1948, payment of Bonus Act, 1965, Employees' Provident Funds Act, 1952, Employees' State Insurance Act, 1948 and any other law/ statutes relating to such operations / labour / equipment for the time being in force;(b)The stevedoring and shore handling agent shall deploy necessary equipment as will be specified by the Board and carry out the operations with the gears and equipment owned or hired by them;(c)The stevedoring and shore handling agent shall be solely responsible for any accident or damage or loss or claims resulting from or arising out of operations performed by them;(d)The stevedoring and shore handling agent shall comply with all accepted safe practices and norms during operations performed by them;The stevedoring and shore handling agent shall indemnify the Board against all third party claims arising out of operations performed by them;(e)Whenever the Board has to pay compensation to any of its employees or workers or his dependents under the provision of the Employee's Compensation Act, 1923, in consequence of any accident arising out of and during the course of work performed by a stevedore and shore handling agent or any of its employees and workers, the stevedoring and shore handling agent shall reimburse the Board any sum so paid for any such purpose. The quantum of compensation as determined under the Employee's Compensation Act, 1923, shall be taken as binding and conclusive between the Board and the stevedoring and shore handling agent;(f)If any gear, equipment, plant and other property of the Board is damaged in the course of any such operation, the stevedoring and shore handling agent shall compensate Board for such loss or damage, the extent of which shall be decided by the Chairman or his authorized officer after carrying out a proper enquiry and valuation of the property and extent of damage;(g)The stevedoring and shore handling agent shall communicate promptly any information relating to the stevedoring and shore handling activities undertaken by them or matters related therewith as and when asked for the authorized representative of the Board;(h)The stevedoring and shore handling agent shall carryout adequate supervision over the workers employed by him in order to ensure maximum productivity consistent with the requirements of safety;(i)The stevedoring and shore handling agent shall provide all the necessary gears and equipment duly tested and certified by the competent authority for handling different types of cargo;(j)The stevedoring and shore handling agent shall produce the necessary annealing and test certificates for gears and equipment deployed by them for periodic inspection or as and when demanded by the Inspector, Dock Safety or the Traffic Manager;(k)The stevedoring and shore handling agent shall provide the workers necessary personal protective equipment and safety appliances, appropriate for the type of cargo;(l)The stevedoring and shore handling agent shall ensure that the workers are available at the worksite 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 the stipulated norms;(m)The stevedoring and shore handling agent shall make adequate arrangements for ancillary operations such as sweeping, filling, stitching, repairing, vessel's stenciling, securing and breaking of cargo, stacking and stowage of cargo, etc required for cargo operation on board the vessels as well as onshore, as the case may be. These ancillary services shall not be separately charged and shall be inclusive in the stevedoring and shore handling rates notified by tariff authority;(n)The stevedoring and shore handling agent shall ensure that all dues of the Board are paid within the specified period failing which the licence may be liable to be cancelled under these regulations. Licence shall not be considered for renewal if any dues payable to the Board remains outstanding;(o)Stevedoring and shore handling agents shall remit in advance the royalty to the Board prior to calling of the vessel.(The discounts and deferments, if any, offered by the agent to its principals or amounts if any not collected by such agent for any reason whatsoever in respect of the stevedoring and shore handling services under these regulations, shall not be recognized for the purpose of calculation of dues of the Board on account of royalty);(p)The stevedoring and shore handling agent shall undertake to pay wages to workers engaged by him from the Board, in accordance with the terms of settlement agreed between the Central Government and the Federation of Port and Dock workers from time to time or at the rates fixed by the Board for the purpose;(q)The stevedoring and shore handling agent shall not assign, transfer or in any manner part with any interest or benefit in or under the licence to any other person;(r)The stevedoring and shore handling agent shall comply with all rules and regulation of the Board and such instruction as may be issued from time to time by the traffic manager in the interest of safety, improvement in productivity and labour discipline;(s)Whenever casual workers are deployed, stevedoring and shore handling agent should ensure that such workers are covered by insurance policy;(t)The stevedoring and shore handling agent shall achieve the performance standards fixed by the Board;(u)The stevedoring and shore handling agent shall publish the tariff charged by it and uploaded it on its own websites and ensure publishing on the Board's website. The charges leviable shall not exceed the ceiling rates prescribed by tariff authority.AcceptanceI/We accept this stevedoring and shore handling licence issued to me/ us on this day the .........................................under the terms and conditions stated as above.| date:(Official seal) | signature:......................................................name and designation:..................................... |
| address:......................................................................................................................................contact No:........................................................witness to the signature:1.2. |