Licensing of Stevedores

MINISTRY OF TRANSPORT

(Deptt. Of Surface Transport

(Ports Wing)

New Delhi, the 20th December, 1985

NOTIFICATION

G.S.R. 923(E) – In exercise of the powers conferred by section 126 of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby makes the following regulations, namely:-

  1. Short title and commencement:-

    (1) These regulations may be called the Tuticorin Port Trust (Licensing of Stevedores) Regulations, 1985.

    (2) They shall come into force on the date of their publication in the official Gazette.

    2. Definitions - In these regulations, unless the context otherwise requires,

    (i) "Act" means the Major Port Trust Act, 1963;

    (ii) "Board" means the Board of Trustees of the Port of Tuticorin as constituted under the Act;

    (iii) "Chairman" means Chairman of the Board;

    (iv) "Form" means annexed to these regulations;

    (v) "Stevedore" means a person to whom a stevedoring licence has been given under regulation 3.

    (v)"Traffic Manager" means the Officer for the time being in charge of the Traffic Department of the Tuticorin Port Trust and includes the deputies and assistants to the Traffic Manager and any other Officers acting under the authority of the Traffic Manager.

    ## 3. Issue of Stevedoring Licence:-


  1. The Chairman may issue stevedoring licence for a period of two years, on application, to persons to act as stevedores at the Port to perform the work of Landing and Shipping of goods between vessels in the Port and the wharves, piers, quays or docks belonging to or in possession of the Board and any other work involved in the stevedoring of the vessels within the Port.

    -----------------------------------------------------------------------------

    ## Amended vide G.S.R.. (e) dated 6.5.1988

    (2) No stevedore shall be allowed to work on Board any vessel in the Port except under a licence issued by the Chairman under these Regulations after expiry of six months of the date of publication of approval of the Central Government to the Tuticorin Port Trust (Licensing of Stevedores) Amendment Regulations, 1987.)


## 4. Production of evidence of stevedoring work done -


  1. No licence for stevedoring shall be granted unless the applicant produces evidence for

  1. that he has maintained/would maintain the input/output norms of handling different commodities as may be laid down by the Board from time to time.

  2. That his financial standing to meet the obligations to the workers and staff employed on account of wage and compensation under the Workmen's Compensation Act, 1923, the Payment of Wages Act, 1936, the Industrial Disputes Act,. 1947, or any other law for the time being in force and makes a deposit of Rs. 1 lakh in cash or any other acceptable security which will be refunded/discharged after the termination/expiry of the licence;

  3. that he undertakes to have in his employment such minimum staff and have in his possession such minimum gear as may be prescribed by the Board for undertaking stevedoring efficiently; and

  4. that he shall also produce a Bank guarantee for Rs.1 lakh so as to meet any contingency;

Note : The Vessel Owners, Vessel Operators, Steamer agents and importers and exporters would also be eligible grant of a licence.


  1. Duties and responsibilities of stevedore -


Every stevedore, shall be subject to the following duties, obligations and responsibilities during the currency of stevedoring licence issued to him by the Board, namely:-


(a) he shall ensure due compliance by all the staff and workers employed by him during the operation of landing and shipping or transhipping goods or work incidental thereto, of the provisions of the Indian Dock Labourers Act, 1934, the Indian Dock Labourers Regulations, 1948, the Dock Workers (Health and Welfare) Scheme 1961 and notification issued thereunder, the Industrial Disputes Act, 1947, the payment of Bonus Act, 1965 and rules, regulations and ----------------------------------------------------------------

## Amended, vide G.S.R. 554 (E), dated 6.5.1988


schemes issued thereunder, relating to such operations and for the time being in force.


(b) he shall carry out the operations with his own gear arranged by him;


(c) he shall be solely responsible for any accident or damage resulting from the use of any gear used by him;


(d) he shall comply with all accepted safe practices in relation to operations performed by him;


(e) he shall indemnify the Board against all third party claims arising out of operations performed by him;


(f) Whenever the Board has to pay compensation to any of its employee or workers or his dependants under the provisions of the Workmen's Compensation Act, 1923, in consequence of any accident arising out of and during the course of work performed by a Stevedore or any employee or workers employed by him, the Stevedore shall reimburse the Board any sum so paid and for such purpose the amount of the compensation as determined under the Workmen's Compensation Act, 1923, shall be taken as binding and conclusive between the Board and the Stevedore;


(g) if any gear, plant and other property of the Board is damaged in the course of any such operation, the Stevedore shall compensate the Board for such loss or damage, the extent of which shall be decided by the Chairman after carrying out a proper enquiry;

(h) he shall agree to refer any dispute or difference between him and the Tuticorin Port Trust as to the payment of compensation, its quantum or any connected question to an arbitrator nominated by the Board;

(i) he shall be responsible to employ at least one experienced person to supervise in every vessel in respect of which he has undertaken the stevedoring operations;


(j) he shall submit promptly any information asked for by the Chairman or the Traffic Manager from time to time;


(k) he shall ensure that all the dues of the Board are paid on the appointed dates, failing which his licence shall not be renewable and be liable to be cancelled under these regulations;




  1. he shall provide for adequate supervision over the workers employed by in order to ensure maximum productivity consistent with requirements of safety;

(m) he shall provide all the necessary gear equipment duly tested for the respective type of cargo;


(n) he shall produce the gear, equipment, with necessary annealing and test certificates, for inspection periodically or whenever demanded by the Inspector, Dock Safety or the Traffic Manager,


(o) he shall provide the workers necessary protective safety appliances appropriate for the type of cargo;


(p) he shall ensure that the workers are available at the work site 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 normal;


(q) he shall make adequate arrangements for ancillary operations such as filling, stitching and breaking of cargo, stacking of cargo, stowage of cargo, etc. On board the vessels;


(r) he shall undertake to pay to workers engaged by him wages in accordance with the terms of wage settlement arrived at between the Central Government and the Federations of Port and Dock Workers, from time to time;


(s) he shall not assign, transfer or in any manner part with any interest or benefit in or under the licence to any other person without the prior approval in writing of the Chairman;


(t) he shall comply with such instructions as may be issued from time to time by the Traffic Manager in the interest of safety, improved productivity and labour discipline.


  1. Application for grant / renewal of licence -


(1) The application for grant or renewal of a stevedoring licence shall be made in Form-A to the Traffic Manager



##(2) The applicant shall pay a licence fee of Rs. 4500 before the licence is issued or renewed. Every licensed stevedore shall deposit a sum of Rs. 5000 as earnest money for the proper performance of the work permitted under the licence. The earnest money will not carry any interest and will be refunded when the licence ceases to operate after adjusting the claims, if any, of the Board.


(3) Every Licence granted or renewed under these regulations shall be in Form – B.


(4) The application for renewal of stevedore licence shall be made at least one month before the expiry of the licence. If the application for renewal is not received within the stipulated period of one month, such applications may be accepted on payment of Rs. 50 by the (Chairman);##


Provided that the application for renewal together with the late fee is received by the Traffic Manager before the actual date of expiry of the licence.


(5) In the event of loss or defacing of the original licence, a duplicate licence may be obtained on an application made to the Traffic Manager on payment of rupees one hundred.


7. Change in name, constitution, etc. to be communicated -


(1) Where the Stevedore is a firm or a Company, it shall immediately communicate to the Chairman any change in the Director, Managing Director or partners, as the case may be, with a copy of the document in support of such change.


(2) Any change in the name, title or constitution of a firm or a company holding a Stevedoring Licence shall be communicated to the Chairman forthwith. The firm or Company undergoing such a change shall submit a fresh application for the grant of new licence; Provided that the Chairman may allow such firm or Company to carry on business till a decision is taken on such fresh application.


##8. Power of Chairman to suspend a licence pending enquiry -


(1) The Traffic Manager shall report any violation of the terms and conditions of the stevedoring licence by the stevedore to the Chairman and the Chairman may, pending enquiry, suspend for a period not exceeding three months the licence issued to a Stevedore, if he finds expedient and necessary to do so in the interest of the Port.


    ## Amended vide G.S.R. 554(E) dated 6.5.1988

## 9. Suspension of Licences -


(1) The Chairman may at any time suspend for such period as he may deem fit, or cancel the licence issued to a Stevedore for violation of any of the terms of the licence or for any of the reasons listed below:-


(i) violation of safety precautions;

(ii) low productivity;

(iii) lack of supervision over stevedoring workers;

(iv) improper and unsafe handling of packages;

(v) mis-representation or mis-statement of material facts;

(vi) the stevedore being adjudged insolvent or going into liquidation;

(vii) causing obstruction to any work in the port;

(viii) sub-letting of work to any other individual or parties.

(ix) any mis-conduct which, in the opinion of the Board, warrants such cancellation or suspension;

(2) No stevedoring licence shall be cancelled or suspended as the case may be until the stevedore has been given a reasonable opportunity for showing cause why his licence should not be cancelled or suspended as the case may be and after recording reasons for such cancellation or suspension.

## 10. Appeal -


(1) Any person aggrieved by orders of the Chairman granting or refusing to grant a licence or renewing or refusing to renew a licence or suspending a licence under these regulations may prefer an appeal in writing to the Central Government within thirty days of the communication of the order appealed against.


(2) The Central Government shall pass such order on the appeal as it deems fit after giving an opportunity of being heard to the appellant.


(3) Notwithstanding anything contained in sub-regulation (1), an appeal may be admitted after the period of thirty days if the appellant satisfies the Central Government that he had sufficient cause for not making an application within such period.



[PW/PGL-43/80]


P.M. ABRAHAM, Addl. Secy.

-----------------------------

## Amended vide G.S.R. 554 (E), dated 6.5.1988


FORM – A


TUTICORIN PORT TRUST


TRAFFIC DEPARTMENT


To

The Traffic Manager,

Tuticorin Port Trust.


APPLICATION FORM FOR THE GRANT/RENEWAL OF

STEVEDORING LICENCE


1

Name of the applicant

:


2

Whether individual, firm or Company (Article of partnership/Company to be produced)



:


3

Full Address

:


4

Year/s for which licence is required

:


5

Name/s of the Steamship Company / Charterer of ships/Owner of cargo, with whom the contract for stevedoring their vessel/cargo subsists or is proposed to be entered: (proof of Contract for the period covered is to be appended. The approximate tonnage for each party is to be indicated)







:


6

Previous experience in the field (The cargo and tonnage stevedored in previous 3 years to be furnished)



7

Amount of financial ability to meet the obligation on account of wages, compensation under Workmen's Compensation Act, etc. (A Certificates from the Bankers as to the financial ability and Income Tax Clearance Certificate to be produced).





:










8

Whether the applicant has / is willing to acquire adequate gear for stevedoring the contracted vessel/cargo? (List of gear with necessary Certificates to be furnished)



:


9

Whether the applicant has / is willing to have in his employment adequate staff with experience and conversance with Rules and Regulations? (A list of the staff and their experience to be furnished)



:


10

Whether the applicant has cleared all dues, if any, on account of transactions he had with the Port Trust?



:


##11

Whether the applicant has made the following deposits:-

:



a)

Licence fee of Rs. 4500/-

:



b)

Earnest Money Deposit of Rs.5,000/-

:



c)

Deposit of Rs.1.00 lakh towards liabilities under the Workmen's Compensation Act, 1923, Payment of Wages Act, 1936, Industrial Disputes Act, 1947, etc.



:



d)

Bank Guarantee of Rs.1.00 lakh to meet contingency valid for the period for which the licence is required under column 4 of this Form (If so, original certificate to be attached)



:



I affirm that the particulars given are true to the best of my knowledge and belief.


I agree to furnish any other information/produce any record for inspection as may be required, to consider the request for grant of licence.





## Amended, vide G.S.R. 554 (E), dated 6.5.1988

I agree to abide by the Tuticorin Port Trust (Licensing of Stevedores) Regulations, 1985, and to comply with the directions made by the Tuticorin Port Trust, from time to time, if the licence is issued / renewed.





Signature of applicant


Place :


Date :


FORM – B


(Emblem of Port Trust)


Licence for undertaking stevedoring operations at the Port


1. Name of the Licencee

2. Address




3. Period for which the licence is granted


4. Any other particulars required to be mentioned


5.


6.


7.



SEAL


Licensing Authority_______________


Designation______________________


Place___________________________


Conditions:

1. This licence is granted subject to the provisions of the Major Port Trusts Act, 1963 and the _________________Trust (Licensing of Stevedores) Regulations, 1985.


2.


3.


(Here print the conditions subject to which the licence is given e.g the duties and responsibilities enlisted in Regulations 5 of

the draft Regulations).