Document Fragment View

Matching Fragments

(CCPs) and would cover all custom facilities ports, airports, ICDs, CFSs and Land Customs Station (LCSs).

10. Lastly, it was submitted that the letter of 23rd April, 2020 issued by first respondent is binding upon Custom Cargo Service Providers, including Container Freight Stations (CFSs) operating under "Major Ports" and all other CFSs operating under other ports, are bound to adhere to the advisories issued by their respective Commensurate.

11. On behalf of Respondent No.2/Ministry of Shipping, learned Additional Solicitor General (ASG), submitted that the Government of India has itself permitted establishment of Private Public Partnership (PPP) or permitted select private entities to establish Inland Container Depots (ICD), Container Freight Stations (CFS) to speed up the international trade involving export and import of goods and materials and also help small exporters, whose consignments are less than container loads (LCL) and that respondent No.2 does not have any control or supervision over activities or practices or cost structures of the CFSs or ICDs service providers.

6. The Ministry of Shipping, Government of India through Order No PD-13/ 33/2020-PPP/c-339106 dated 20.03.2020 and letter dated 24th March, 2020 has already intimated the Major Ports that the COVTD-19 pandemic can be considered as a 'natural calamity' that would entitle invocation of' force majeure' provisions inasmuch as obligations under various contracts (involving the Major Ports) are concerned.

7. The aforesaid orders do not impact or dilute the fact that each Major Port needs to remain operational during the COVlD-19 pandemic and continue cargo operations in all respects.

8. In view of the situation arising because of the COVID-19 pandemic and after considering the representations received from various stakeholders, Major Ports are directed that -

(i) The period for completion of any Project under implementation in PPP mode or otherwise, can be extended by the Ports.

(ii) For existing and operational PPP projects, the Major Ports can permit waiver of all penal consequences on a case-to-case basis along with deferment of performance obligations as per relevant provisions of Concession Agreement.

(iv) Additional land for storage: If requisite additional land is available within port area, the port shall make all efforts to provide the additional storage land to port users, on temporary basis, without any charges, rentals, fee etc upto 30th June 2020 on 'as is where is' basis.

4. Remission of charges to PPP concessionaire Due to the impact of COVJD and lockdown measures, there is drop in cargo volume at several Public Private Partnership (PPP) berths/terminals in Major Ports. Therefore, ports shall extend the following to such PPP concessionaires;