In exercise of the powers conferred by sub section 1 of section 72 of the Major Port Authorities Act

7088 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 755] NEW DELHI, THURSDAY , NOVEMBER 9 , 2023/ KARTIKA 18, 1945 CG-DL-E-14112023-250027 _____________________________ है, ने ________________ तारीख __________________माह, वषा ------- ( ------------------------------ ) 1. नाम पिनाम ह्सस्ट्तािर 2. नाम पिनाम ह्सस्ट्तािर BOARD OF MAJOR PORT AUTHORITY FOR MORMUGAO PORT NOTIFICATION New Delhi, the 30th October, 2023 F. No. GAD/Legal -Amend/23/2023 .— In exercise of the powers conferred by sub -section (1) of section 72 of the Major Port Authorities Act, 2021 (1 of 2021), the Central Government hereby approves the Mormugao Port Authority (Stevedoring and Shore Handling) Regulations, 2023 made by the Board of Mormugao Port Authority in exercise of the powers conferred on them by section 24 , clause (h) of sub -section (i) of section 26 read with clauses (f) and (i) of sub -sections (2) of section 72 of the said Act and published in the official Gazette of Government of Goa dated the 27th October’ 2022, as set out in the Schedule annexed to thi s notification. 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 24, clause (h) of sub -section (1) of section 26 read with clauses (f) and (i) of sub -section (2) of section 72 of the Major Port Authorities Act, 2021(1 of 2021), the Board of Mormugao Port Authority hereby makes the following regulations, in supersession of the Mormugao Port Trust (Licensing of Stevedores) Regulation s, 2010, except as respect things done or omitted to be done before such supersession, namely: - 1. Short title and commencement. -(1) These regulations may be called the Mormugao Port Authority(Stevedoring and Shore Handling)Regulations, 2023. (2) They shall come into force on the date of their final publication in the Official Gazette. 2. Definitions. -(1)In these regulations, unless the context otherwise requires, - (a) “Act” means the Major Port Authorities Act, 2021 (1 of 2021); (b) “agent” means a person to whom stev edoring and shore handling licence has been issued under regulation 4; (c) “Form” means forms annexed to these regulations; (d) “Licence” means a stevedoring and shore handling licence issued under regulation 4. (e) “Licencee” shall mean a person to whom a stevedoring and shore handling licence has been issued under these regulations; (f) “Licensing Authority”means the Chairperson of the Port; (g) “Port” means the Mormugao Port; (h) “Royalty” means the amount fixed by Board of Mormugao Port, which is payable by the agent to the B oard for rendering stevedoring or shore handling services; (i) “Shore Handling” includes arranging and receiving the cargo to or from the hook point, inter modal transport from wharf to stack -yard and vice -versa and also receiving and delivering of a cargo fro m or to sea, railways, waterways or roadways; (j) “Stevedore” is an agent authorised under these regulations for loading, unloading and stowage of cargo; (k) “Stevedoring” includes loading, unloading and stowage of cargo in any form on board the vessel; (l) “Traffic Manager” means the Officer in charge of the Traffic Department of the Mormugao Port and includes his deputies or assistants or any other officer acting under his authority; (2) Words and expressions used herein and not defined but defined in the Act shall have the same meaning as assigned to them in the Act. 3. Application .-These regulations shall apply to the stevedoring and shore handling activities undertaken by the agent but shall not apply to the stevedoring and shore handling activities by the Port, Public Private Partnership projects, Build -Operate -Transfer operations or agreements or such other agreements as have been entered into by the Board. 4. Licensing of stevedoring and shore handling agent .-(1) A ny eligible person fulfils the eligibility criteria can apply for licence in writing to the Chairperson in Form -A, alongwith the documents specified therein and with fee as the Board may fix. (2) The licence shall be issued to the applicant subject to fulfillment of following criteria: (a) the applicant is a com pany registered under the Companies Act, 2013(18 of 2013) or a partnership firm or any other legal entity; (b) the applicant shall deposit interest free refundable security amount of rupees five lakhs to meet any contingency, which shall be refunded after adju sting the claims, if any, when the licensee ceases to operate; (c) the applicant possesses equipments required for stevedoring and shore handling activities as specified by the Board; (d) the applicant shall submit an undertaking to employ atleast six supervisory personnel with minimum two years of cargo handling or stowage experience and their profiles shall be enclosed alongwith the application. (3) No person shall undertake to perform the stevedoring and shore handling activities in the port unless he has been issued a licence under these regulations: Provided that a person to whom licence has been issued prior to coming into the force of these regulations, may continue to operate under the existing licence for a period of sixty (60) days or till he obtains a li cence under these regulations, whichever is earlier after fulfilling requirements. 5. Licensing Authority .-Chairperson shall be the licensing authority under these regulations. 6. Licence Fees .-The fee for issue of licence shall be rupees fifty thousand excluding taxes for a period of three years which may be revised by the Board. 7. Stevedoring and Shore Handling Charges .-(1) The Adjudicatory Board shall notify the normative tariff for stevedoring and shore handling activities, separately for mechanized and manual operations. (2) The Port will notify the ceiling tariff set for stevedoring and shore handling activities and the tariff shall be mandatorily displayed on the Port website. No agent shall charge tariff exceeding the ceiling rates notified. (3) The Traffic Manager shall be the nodal officer responsible for monitoring of tariff and responsible for handling all complaints on violation. (4) The Port shall charge a royalty for the stevedoring and shore handling and fix per metric ton rate and no discrimination shall be made on the royalty licence fee. 8. Payment of Royalty .-(1) The Board shall, in respect of the licence, charge a royalty as the licence fee on per metric ton basis and no discrimination shall be made in charging for the same type and quantity of cargo handled by the agents. (2) Every agent shall be liable to pay royalty in advance, prior to calling of vessel, on the basis of import general manifest quantity, in case of import and on the basis of the quantity declared by the vessel’s a gent or exporter or export general manifest, in case of export and the actual royalty payable shall be calculated after completion of the vessel’s operation based on the total quantum of cargo handled by the agent. (3) The difference in amount of royalty, if any, shall be payable within ten days from the date of raising of the bill and in case of delay in payment of royalty, interest shall be payable as specified in the scale of rates of the port. (4) The Board may consider the waiver of royalty in followin g circumstances, namely: - (a) cargo handled by the agents during the period of strike called by the registered cargo handling workers of the port; (b) relief cargo handled during the natural calamities; (c ) defence cargo handled during the emergencies; an d (d) if such direction is issued by the Government. 9. Change in Name, constitution, etc. to be communicated. -The Licensee shall immediately communicate to the Chairperson about any change of the name, title or constitution, director, managing director or partner as the case may be, with a copy of the document in support of such change. Any change in the name, title or constitution of a firm or company holding a stevedoring licence, shall be communicated to the Chairperson forthwith and the firm or comp any undergoing such a change shall submit a fresh application for the grant of a licence, provided that the Chairperson may at his discretion allow such a firm or company to carry on business till such time a decision is taken on such fresh application an d the fresh licence required to be issued in such cases shall however attract the same charges as are payable for the issue of a new licence. 10. Validity and renewal of licence .-(1) The licence will be valid for a period of three years from the date of issuance of the licence. (2) An eligible person shall be issued stevedoring licence, shore handling licence or both, and exception, if any, shall be with the approval of the Board. (3) The daily performance report capturing productivity achieved by the agent in the prescribed format shall be submitted to the traffic department online. The officer delegated by the Chairperson shall review the performance of agent every month. (4) Compliance of terms and conditions of the licence issued to the agents shall be monitored by Traffic Manager and a report shall be submitted to the Chairperson every month. (5) If the Traffic Manager finds any default on the part of agent, he shall cause to issue warning in the event of first default and in the event of second defau lt, the licence of the agent shall be liable to be cancelled. (6) At the end of three years, the licence shall be renewed on the basis of performance reports. (7) An application for renewal of licence shall be submitted in Form -A, at least three months p rior to expiry of licence alongwith the requisite fee. Before renewal of the licence, a report shall be obtained from the Inspector appointed under the Dock Workers or Safety Health and Welfare Act, 1986 (54 of 1986) in respect of compliance with the safe ty norms as per the statute and the same shall be taken into consideration for granting renewal. (8) If the application for renewal is not received within the stipulated period, such applications may be accepted upon payment of late fee of rupees five tho usand, excluding taxes. (9) If the agent fulfils the required conditions and found eligible for renewal but awaiting safety clearance before expiry of the licence period, the Port shall permit the operation by executing an indemnity bond in Form -C and ret ention of the security deposit during such period when the renewal application is under process. (10) Every licence granted or renewed shall be in Form “B” in electronic format. 11. Duties and responsibilities of stevedores .-Stevedores or shore handling agent, as the case may be, shall perform the following duties, namely: - (i) comply with applicable safety norms and labour laws specified under laws for the time being in force in relation to his activity; (ii) indemnify the Board against all third party claims ari sing out of such operations. (iii) be solely responsible for any accident or damage resulting either out of negligence, from the use of defective equipment or for other actions; (iv) ensure that the casual workers deployed by him are covered by the insurance policy and such other benefits under applicable law; (v) liable to settle claims as per the Employees’ Compensation Act, 1923 (8 of 1923) in case of any accident; (vi) liable to pay scheduled charges, as per the Scale of Rates in force, to the port in advance; (vii) employ duly tested adequate equipment or gear, either owned or hired, and deploy trained supervisory personnel for each vessel; (viii) ensure that all the amounts due to the Board are paid on the appointed dates; (ix) comply with such instructions as may be issued from time to time by the Chairperson or any officer acting on his behalf, in the interest of safety, operational requirement, improved productivity, labour discipline or such related matters; (x) shall compensate the Board for any loss or damage caused to any gear, plant o r other property of the Board during the course of operation to the extent of which shall be decided by the Chairperson after carrying out proper enquiry; (xi) ensure compliance with the terms and conditions of licence; (xii) achieve the performance norms fixed by t he Port; (xiii) get the tariff along with break up approved by the Port and upload on its website. (xiv) submit promptly any information sought for by the Port. (xv) shall take effective steps to improve the performance and submit the daily performance report to the traffic department; (xvi) shall provide the workers necessary protective safety appliances appropriate for the type of cargo. 12. Cancellation or suspension of licence .-(1)The Chairperson may at any time suspend or cancel the licence issued to an agent for violation of any of the following, namely: - (i) the performance norms specified by the Port has not been achieved for an average over a period of three months; (ii) charges higher tariff than the tariff approved by the Port; (iii) has been convicted by the Court of any offence invol ving moral turpitude; (iv) contravened safety regulations and failure to comply with mandatory dock safety measures; (v) failed to adopt proper and safe handling methods; (vi) misrepresentation or misstatement of material facts; (vii) has been adjudged insolvent or under liqu idations; (viii) transfer or sub -contracting of the stevedoring operations or activities to any other individual or parties; (ix) failed to comply with security rules, instructions or International Ship and Port Facility Security code; (x) guilty of misconduct which in t he opinion of the Chairperson warrants cancellation or suspension of licence; (xi) indulged in illegal or corrupt practices; (xii) causes obstruction to any work in the Port or compromised safety of Port or any illegal or malicious acts; (xiii) for non -compliance of any di rection issued by the Chairperson or an officer acting on his behalf; (xiv) has failed to submit daily performance report or any other information sought by the Chairperson or an officer acting on his behalf; (xv) for contravention and/or violation of any law for the time being in force; and (xvi) Non payment of dues payable to the Port. Provided that no such licence shall be cancelled or suspended as the case may be until the holder of the licence has been given a reasonable opportunity for showing cause why his licence should not be cancelled or suspended as the case may be. (2) An order of suspension or cancellation of licence shall be communicated in writing within a period of thirty days from the date of order. 13. Appea l.-(1) Any person aggrieved by any order of can cellation or suspension or refusal to issue licence, under these regulations, may prefer an appeal in writing to the Secretary (Shipping), Ministry of Ports, Shipping and Waterways, within thirty days of the communication of the order appealed against. (2) The Secretary (Shipping), Ministry of Ports, Shipping and Waterways, shall pass such order on the appeal as it deems fit after giving an opportunity to the appellant. 14. 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; - (a) on the expiry of the period of licence and no application has been made for renewal; (b) on the refusal of the application for renewal of licen ce; (c) on cancellation of licence; and (d) if the agent desires to foreclose the licence issued to him and makes an application in writing to the Chairperson for foreclosure and refund of security deposit. 15. Deployment of workers from Port or Dock Labo ur Board or licence holder or outside .-(1) Agent shall deploy Port labour for carrying out his activities. (2) In case the Port is unable to supply the requisite workers against the requisition placed by agent, the Port may allow to make their own arrange ment for this purpose: Provided that no notional booking or levying of charges should be made and agents shall not be levied any charges for labour, in case the Port does not supply the labour. 16. Performance norms .-(1) The Board shall specify the perfo rmance standards to be followed by the agents for carrying out stevedoring and shore handling activities in the Port. (a) The Board may, for the purpose of encouraging compliance with the performance standards specified by it, fix incentives for the agents and may publish quarterly summary of performance achieved by the agents on its website. (b) Daily performance report in Form –D shall be submitted by the stevedoring and shore handling agent to the traffic department. Performance of the agent in terms of p roductivity achieved shall be reviewed by the Chairperson or any other officer acting under his authority every month. The monthly performance summary capturing productivity achieved by the agents shall be published on the Port website to ensure transparen cy to the customers. (c) In case of dry bulk cargo, the norms fixed by Port under the Berthing Policy for Dry Bulk Cargo for Major Ports, 2016 shall be the performance norms for the purpose of these regulations. (d) In respect of other cargo, not covered under the Berthing Policy for Dry Bulk Cargo for Major Ports, 2016, including break -bulk and container the performance norms will be those fixed by the Port. 17. Training, use of modern technology .-The personnel deployed in stevedoring and shore handling a ctivities shall be trained in modern methods of cargo handling for improving the productivity, efficiency and safety. 18. Miscellaneous .-The Chairperson may issue, from time to time, such appropriate operational guidelines or instructions or such other di rections as is required for the smooth implementation and execution of these regulations. 19. Interpretation .- Any question arises as to the interpretation of these regulations or in respect of any matter not hereinabove or subsequently provided for, the same shall be decided by the Board. 20. Repeal and savings .-The Mormugao Port Trust (Licensing of Stevedores) Regulations, 2010 and the procedures, practices and customs corresponding to these regulations and in force immediately before the commencement o f these regulations are hereby repealed: Provided that any order made or action taken under the regulations, procedure, practices and customs so repealed shall be deemed to have been made or taken under the corresponding provisions of these regulations. FORM –A [ See regulation 4 (1) and 10 (7) ] MORMUGAO PORT AUTHORITY TRAFFIC DEPARTMENT To, The Chairperson, Mormugao Port Authority. APPLICATION FORM FOR THE GRANT/RENEWAL OF STEVEDORING AND SHORE HANDLINGLICENCE 1) Name of the applicant : 2) Whether applicant is a firm or a company (Deed of partnership/Registration certificate of Company to be produced) : 3) Full Address and email : 4) Year/s for which licenc e is required : 5) Name/s of the Steamship Company/ Charterer of ship/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, if any (The cargo and tonnage stevedored in the previous 3 years to be furnished ) : 7) Amo unt of financial ability to meet the obligations on account of wages compensation under Employees’ Compensation Act etc. (A certificate from the bankers as to the financial ability and Income Tax Statement to be produced ) : 8) Whether the applicant has/is willing to acquire gear for stevedoring the contracted vessel/ cargo ? (List of gear with necessary certificate to be furnished) : 9) Whether the applic ant has/ is willing to have in his employment the full set of staff with experience and conversant with rules and regulations ( A list of the staff and their experience to be furnished) : 10) Whe ther the applicant has cleared all the amounts, if any, on account of transactions he had with the Mormugao Port Authority. 11) Whether the licence fee and the security deposit has been paid ? ( The receipt for the payment is to be attached. The li cence fee and the deposit will be refunded if licence is not issued/ renewed ). : 12) Whether the applicant has deposited a sum of rupees five lakhs in the form of Pay order/ Demand Draft? : We affirm that the particulars given are tru e to the best of our knowledge. We agree to furnish any other information/ produce any record for inspection as may be required to consider the request for grant of licence. We, hereby declare that we have not been convicted for any off ence involving moral turpitude. We agree to abide by the Mormugao Port Authority(Stevedoring and Shore Handling)Regulations, 2023. and to comply with any other conditions made by the Chairpers on or any other officer authorized under Mormugao Port Authority(Stevedoring and Shore Handling)Regulations, 2023, from time to time, if the licence is issued or renewed. Place: Signature of Applicant Date: (Authorised Signatory of Company/ Partnership/Proprietor) FORM - B (See r egulation 10 (10) of Mormugao Port Authority(Stevedoring and Shore Handling)Regulations, 2023) MORMUGAO PORT AUTHORITY TRAFFIC DEPARTMENT Licence No. Dt. LICENCE F OR UNDERTAKING STEVEDORING AND SHORE HANDLING OPERATIONS AT THE MORMUGAO PORT AUTHORITY. 1. Name of the Licencee: 2. Address: 3. Period for which the licence is granted: 4. This licence is issued subject to the Mormugao Port Authority (Stevedoring and Shore Handling) Regulations, 2023. Signature of Licensing Authority Chairperson, Mormugao Port Authority *The conditions will be drawn mainly based on the Mormugao Port Authority(Stevedoring and Shore Handling) Regulations, 2023 Form – C (See r egulation 10 (9) & 11 (ii) of the Mormugao Port Authority (Stevedoring and Shore Handling) Regulations, 2023) INDEMNITY BOND (To be executed on Stamp paper) This Indemnity Bond is executed on this ___ day of __ 20___ at ________ by Shri/Smt./Kum. _______________ Son/daughter of __________ residing at ____________, having Aadhar Card Number _______________ and/or PAN No. ______________. OR We _________________ (Name of the Institution) having CIN No. _________ and PAN No. _________________, having registered office at _______________ and duly represented by Mr./Mrs. ________________________(Name of the Officer / representative), aged __________ years, the ________________ (Designation) of __________ (Name of the Institution) , (hereinafter called “t he Indemnifier”, which expression shall include his / their legal heirs, successor (in office) and assigns) in favour of the Board of the Mormugao Port Authority having office at 3rd floor, Mormugao Port Authority, AO Bldg., Headland – Sada, Goa, 403 804 (hereinafter called “the indemnified” which expression shall include its successors in office and assigns). Whereas the Indemnifier has applied for grant/renewal of stevedoring and shore handling licence to the traffic manager / Mormugao Port Authority under regulation 10(7) of the Mormugao Port Authority (Stevedoring and Shore Handling) Regulations, 2023 and under the said regulations the indemnifier is lawfully required to perform his obligations set out under the said regulations and any violations or non-performance or mis -performance or wrong performance thereof entails or makes liable for indemnifying all such demands, losses, damages, costs, charges, expenses, suits or proceedings caused or suffered by the indemnified arising directly or indirectly during the course of or anytime the vessel is within the port limits or otherwise in any such situation or in the eventuality whereby the indemnified suffers financially or otherwise on account of the indemnifier due to third party claim or any such loss sustained in the course of licensing period or otherwise. And whereas the indemnifier hereby agrees and accepts by this indemnity bond unconditionally to indemnify the Board of Mormugao Port Authority to pay without raising any objection all such claims, demands, losses or damages, costs, charges, expenses, suits or proceedings caused to or suffered by or would be caused to or suffered by the indemnified whatsoever arising directly or indirectly during the course of or anytime during the subsisten ce of the said licence or after the expiry of the said licence. And ‘the indemnifier’ hereby agree/s with the “the indemnified” that this indemnity bond shall be unconditional and remain valid and irrevocable until the licence of the indemnifier is in force, including the period during which the application for renewal of licence is being processed and until such more time the payments are made and the claims are settled in favour of the Board of Mormugao Port Authority of the Port of Mormugao. In witness whereof “the indemnifier” have hereunto set and subscribed his / their hands this day and year first herein above written in the presence of witnesses. (_______________________) Executor / Indemnifier In the presence of : Witnesses: 1. __________ ___ _____________ ____________ Name Designation Signature 2. _____________ _____________ ____________ Name Designation Signature FORM - D [See r egulation 16(1) (b)] MORMUGAO PORT AUTHORITY TRAFFIC DEPARTMENT DAILY PERFORMANC E REPORT To The Traffic Manager, Mormugao Port Authority Vessel Name LOA CA S Cargo/ Qty. (in MT) Norms Load/Di scharge Stevedorin g Agent On date Performan ce *in MT) Qty. Handled (in MT) Prop Norms Upto date Performa nce (in MT) Balan ce Signature and Seal Authorised Signatory of the Stevedore Dr. N. VINODKUMAR, IPOS , Chairperson [ADVT. -III/4/Exty./53 7/2023 -24] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Pu blished by the Controller of Publications, Delhi -110054.