Union of India - Act
Cochin Port Trust (Licensing of stevedoring and shore handling) Regulations, 2019
UNION OF INDIA
India
India
Cochin Port Trust (Licensing of stevedoring and shore handling) Regulations, 2019
Rule COCHIN-PORT-TRUST-LICENSING-OF-STEVEDORING-AND-SHORE-HANDLING-REGULATIONS-2019 of 2019
- Published on 14 October 2019
- Commenced on 14 October 2019
- [This is the version of this document from 14 October 2019.]
- [Note: The original publication document is not available and this content could not be verified.]
2. The said regulations shall come into force on 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 Cochin Port Trust hereby makes the following regulations, in supersession of the Cochin Port (Issue of Stevedoring Licences) Regulations, 1987, 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 License.
- No person shall undertake to perform the stevedoring and shore handling activities in the Port unless he has been issued a valid License 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 License 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 License.
7. Validity and renewal of License.
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 in 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.
- The Chairman may review the performance of the agents in every three months and in case he deems it necessary, he may, by an order in writing, for reasons to be recorded, suspend or cancel the licence issued by him on any of the following grounds, namely:-14. Appeal.
- A person who is aggrieved by the order of refusal to issue of licence under regulation 6 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:-| 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 or TIN No. | |
| 5. | Contact Number of applicant | |
| 6. | Name of the person to be contacted and mobileNo. | |
| 7. | Email and fax No. of applicant | |
| 8. | Period for which license is required | |
| 9. | Name(s) of the steamship or company or chartererof ship or owner of cargo, with whom the contract for stevedoringand shore handling of cargo is finalized or is proposed to beentered into (enclose copy of contract). Approximate tonnage foreach party is to be indicated. | |
| 10. | Previous experience in stevedoring activitiesand shore handling activities (enclose proof of the cargo andtonnage handled in the previous three years) | |
| 11. | Whether the applicant has financial capabilityto meet any account of payment of compensation under theEmployee's Compensation Act, 1923 (enclose solvency certificatefor rupees ten lakhs from the banker to show financial capabilityand Income Tax returns of previous three years) | |
| 12. | Whether the applicant possess equipment andgears required for stevedoring activities and shore handlingactivities (enclose list of equipment and gears with safetycertificate) | |
| 13. | 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) | |
| 14. | Whether the applicant has made payment ofapplication fee as specified in regulation 6 or regulation 7 tothe Financial Advisor and Chief Accounts Officer of the Board forissue or renewal of license (enclose proof of payment) | |
| 15. | In the event of issue of license, whether theapplicant is willing to pay security deposit as specified inregulation 6. | |
| 16. | 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) | |
| 17. | In case of renewal of license, 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 | |
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| Date: | Signature .......................................... |
| (Official Seal) | Name and Designation ..................... |