V.O. Chidambaranar Port Trust

Scale of Rates

CHAPTER – I

1.1.   Definitions - General

In this Scale of Rates, unless the context otherwise requires, the following definitions shall apply:

(i).        “Coastal vessel” shall mean any vessel exclusively employed in trading between any port or place in India to any other port or place in India having a valid coastal licence issued by the competent authority.

(ii).        “Cold move” shall mean the movement of the vessel without the power of the engine of the vessel.

(iii).       “Day” shall mean the period starting from 6 a.m. of a day and ending at 6 a.m. on the following day.

(iv).       “Foreign-going vessel” shall mean any vessel other than coastal vessel.

(v).       “Week” shall mean a continuous period of 7 days.

(vi).       “Hirer” shall mean all users of the port using any of the appliances of the port.

(vii).      “Month” shall mean the period from 1^st to end of the calendar month.

(viii).     “Port” means both Zone A and Zone B of the Port of Tuticorin.  Zone ‘A’ of the Port shall comprise of all the area other than area in Zone ‘B’.  Zone ‘B’ shall comprise the area falling within the limits notified in G.S.R. No.306 (E) in Part II - Section 3 (i) of Gazette of India (Extraordinary), dated 31st March 1979.

(ix).       “Sailing vessels” shall mean vessels propelled solely by wind power and includes vessels fitted with mechanical means of propulsion.

(x).       “Sea going Steam vessels” shall mean sea-going vessels other than sailing vessels.

(xi).       “Shift” shall mean shift of 8 hours as applicable to port employees.

(xii).      “Shut out cargo” means, cargo meant for shipment as per the Shipping Documents not taken by Master of a vessel for want of space or draft restriction in part or in full or due to cancellation of the nominated vessel and taken back without being exported.  Damaged cargoes and cargo rejected by Surveyors of Shippers, shall not be treated as “Shut out Cargo”.     

(xiii).     “Trip” shall mean, movements from one point to another in one direction only.  In Zone ‘B’, service from shore to anchorage shall be treated as one trip, and from anchorage to shore shall be treated as another trip. Ship to ship service shall also be treated as one trip.  In other words, service to and fro i.e. from one point to another and back shall be counted as two trips.

1.2.       General Terms & Conditions

(i).        The status of the vessel, as borne out by its certification by the Customs or the Director General of Shipping, shall be the deciding factor for classifying a vessel into ‘coastal’ or ‘foreign-going’ category for the purpose of levying vessel related charges; and, the nature of cargo or its origin will not be of any relevance for this purpose.

(ii).       (a).        A foreign going vessel of Indian Flag having a General Trading Licence can convert to Coastal run on the basis of a Customs Conversion Order.

(b).       A foreign going vessel of Foreign Flag can convert to coastal run on the basis   of a Coastal Voyage Licence issued by the Director General of Shipping.

(c).       In cases of such conversion, coastal rates shall be chargeable by the load port from the time the vessel starts loading coastal goods.

(d).       In cases of such conversion, coastal rates shall be chargeable only till the vessel   completes coastal cargo discharging operations; immediately thereafter, foreign-going rates shall be chargeable by the discharge ports.

(e).        For dedicated Indian coastal vessels having a Coastal Licence from the Director General of Shipping, no other document will be required to be entitled to Coastal rates.

(iii).       (a).       Vessel related charges shall be levied on shipowners / steamer agents. Wherever rates have been denominated in US dollar terms the charges shall be recovered in Indian Rupees after conversion of US currency to its equivalent Indian Rupees at the Market Buying Rate notified by the Reserve Bank of India, State Bank of India or its Associates or any other Public Sector Banks as may be specified from time to time.   The date of entry of the vessel into the port limit shall be reckoned with as the day for such conversion.   

(b).       Container related charges denominated in US dollar terms shall be collected in equivalent Indian Rupees based on the Market Buying Rate prevalent on the date of entry of the vessel in case of import containers; and on the date of arrival of the containers into the port in case of export containers.

(iv).       A regular review of exchange rate shall be made once in thirty days from date of arrival of the vessels in cases of vessels staying in the port for more than thirty days.  In such cases, the basis of billing shall change prospectively with reference to the appropriate exchange rate prevailing at the time of review.

(v).       (a).       For the purpose of calculating the dues, the unit by weight shall be 1 tonne or 1,000 kilograms, the unit by volume measurement shall be 1 cubic metre and the unit by capacity measurement for liquids in bulk shall be 1,000 litres.

(b).       In calculating the gross weight or measurement by volume or capacity of any individual item, fractions below 0.5 shall be taken as 0.5 unit and fractions of 0.5 and above shall be treated as one unit, except where otherwise specified.

(vi).       Interest on delayed payments / refunds:

(a).       The user shall pay penal interest on delayed payments under this Scale of Rates.  Likewise, the VOCPT shall pay penal interest on delayed refunds.

(b).       The rate of penal interest will be 16.25%.

(c).       The delay in refunds by the Port will be counted only 20 days from the date of completion of services or on production of all the documents required from the users, whichever is later.

(d).       The delay in payments by the users will be counted only 10 days after the date of raising the bills by the VOCPT.  This provision shall, however, not apply to the cases where payment is to be made before availing the services / use of Port Trust’s properties as stipulated in the Major Port Trust Act 1963 and / or where payment of charges in advance is prescribed as a condition in this Scale of Rates.

(vii).      Aggregate of all payable bills (including demurrage) payable on cargo handling charges on one consignment shall be subject to a minimum of `50/-. 

(viii).     All charges worked out shall be rounded off to the next higher rupee on the grand total of each bill.

(ix).       No refund shall be made unless the amount refundable is `50/- or more.  Similarly, short collection upto `50/- will not be demanded by the Port.

(x).       Every requisition for availing the services of craft/equipment/tools & plant shall be accompanied by the hire charges in advance.

(xi).       The hire of floating craft, equipment and tool and plant to the public is not guaranteed normally by the port.  The craft/equipment/tool and plant shall be hired out only if available. The VOCPT shall not be responsible to the hirer or any person for any loss or damage or injury to life or property arising directly or in-directly from the use of craft/equipment/tool and plant of any sort or any damage which may occur as a result of non-supply or delay in supply or by the use of the craft/equipment/tool and plant of the port or due to failure of the craft/equipment/tool and plants at any stage during the period of hire. The hirer shall keep the crafts/equipments in good order and condition and shall be liable for any damage caused to the crafts/equipment/tools and plants during the subsistence of hire and shall make good all damages, whether by accident, by fire or otherwise. The hirer shall indemnify the port and against all loss or damage or injury to life arising directly or indirectly from the use of the craft/equipment/tool and plants during the period of hire to any property belonging to the Board including the crafts/equipment/tools and plants under hire or to any other person or property or break down or any demurrage incurred on cargo. The liability of the hirer shall not be affected by the fact that such loss or damage or injury to life may have arisen due to any act or default of any employee of the port. The hirer shall also indemnify the port for all liabilities under the Workmen’s Compensation Act.

(xii).      The cost of repairing the damage sustained by the craft/equipment/tools and plants or appliances or parts thereof that might be broken, missing or specially damaged or lost during the period of hire shall be that actually incurred for the purpose by the VOCPT including the usual indirect charges, centage charges. The cost of replacements, if necessary of a part or in full of the craft/equipment/tools and plants will be either the book value or the current market value whichever is higher.

(xiii).     In case of damages to crafts, equipment, tools and plants, the hirer shall deposit anticipated amount for all such charges for damages as assessed by the VOCPT immediately on receipt of the demand, pending determination of the actual charges and in case of total loss the hirer shall deposit the book value or market value of the crafts or appliances or properties of the VOCPT whichever is higher. If the damage cost is not paid within the time stipulated, the same will be adjusted from any dues payable to the Agencies concerned. 

(xiv).     (a).       The vessel related charges for all coastal vessels should not exceed 60% of the corresponding charges for other vessels.

(b).       The cargo / container related charges for all coastal cargo / containers, other than thermal coal, POL including crude oil, iron ore and iron ore pellets, should not exceed 60% of the normal cargo / container related charges.

(c).       In case of cargo related charges, the concessional rates should be levied on all the relevant handling charges for ship-shore transfer and transfer from / to quay to / from storage yard including wharfage.

(d).       In case of container related charges, the concession will be applicable on all the relevant charges for ship-shore transfer, and transfer from / to quay to / from storage yard as well as wharfage on cargo and containers.

(e).       Cargo/ container from a foreign port which reaches an Indian Port ‘A’ for subsequent transhipment to Indian Port ‘B’ will be levied the concession charges relevant for its coastal voyage.  In other words, cargo/ containers from/to Indian Ports carried by vessels permitted to undertake coastal voyage will qualify for the concession.

(f).        The charges for coastal cargo/ containers/ vessels shall be denominated and collected in Indian Rupee.

(xv).      (a).       The rates prescribed in the Scale of Rates are ceiling levels; likewise, rebates and discounts are floor levels.  The Port Trust may, if it so desires, charge lower rates and/or allow higher rebates and discounts.

(b).       The port may also, if they so desire rationalise the prescribed conditionalities governing the application of rates prescribed in the Scale of Rates if such rationalisation gives relief to the users in rate per unit and the unit rates prescribed in the Scale of Rates do not exceed the ceiling level.

(c).       The ports should, however, notify the public such lower rates and/or rationalisation of the conditionalities governing the application of such rates and continue to notify the public any further changes in such lower rates and/or in the conditionalities governing the application of such rates provided the new rates fixed shall not exceed the rates notified by the TAMP.

(xvi).     The users shall not be required to pay charges for delays beyond a reasonable level attributable to the VOCPT.