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CHAPTER - I

1.1. Definitions - General

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

  1. Coastal vessel shall mean 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.

  2. Consignment shall mean the goods covered by one import or export application’.

  3. Enclosed Harbour shall mean the area within the breakwater upto buoy No.9.

  4. Foreign-going vessel shall mean any vessel other than coastal vessel.

  5. Shift shall mean the shift of such hours as may be prescribed by the CHPT from time to time. The shift hours so prescribed by the CHPT are as under:

I Shift

0600 to 1100 hours
1200 to 1400 hours.

II Shift

1400 to 1900 hours
1930 to 2200 hours.

III Shift

2200 to 0200 hours
0230 to 0600 hours

Unless otherwise specified ‘Day’ shall be reckoned with from 06.00 a.m. of a day to 06.00 a.m. on the following day.

For purpose of recovering service charges as provided in the various chapters in the Scale of Rates, half-a-shift shall be 4 hours or less in a shift and any period in excess of 4 hours in a shift shall be treated as a full shift. Unless otherwise specified ‘half-a-shift’ shall be reckoned with as detailed below:

I Shift  First Half  : 0600 to 1000 hours
  Second Half  : 1000 to 1400 hours
II Shift First Half  : 1400 to 1800 hours
  Second Half  : 1800 to 2200 hours
III Shift First Half  : 2200 to 0200 hours
  Second Half  : 0200 to 0600 hours
  1. ‘Wharfage’ shall mean the basic dues recoverable on all cargo imported or exported or transhipped or passing through the port, whether porteraged by the CHPT or not.

  2. Port Limit shall mean Port Limit of CHPT notified by the Central Government in terms of Section 4(2) of the Indian Ports Act, 1908.

 

1.2. General Terms & Conditions

  1. 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.
     

  2. 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 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.
     

  3. (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 subsidiary 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.
     
    (c). The Vessel related charges for all Coastal vessels should not exceed 60% of the corresponding charges for other vessels.

    (d). The cargo / container related charges for all Coastal cargo / containers, other than thermal coal, POL including crude oil, Iron Ore and Iron pallets, should not exceed 60% of the normal cargo / container related charges.

    (e). 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.

    (f). In case of container related charges, the concession is applicable on composite box rate. Where itemized charges are levied, the concession will be 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.

    (g). For the purpose of this concession, cargo/ container from a foreign port which reaches an Indian Port ‘A’ for subsequent transhipment to Indian Port ‘B’ will also qualify insofar as the 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.

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

  4. 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.
     

  5. (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 upto 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.
     

  6. Interest on delayed payments / refunds:

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

(b). The rate of penal interest will be 14.25% p.a. The penal interest will apply to both the CHPT and the port users equally.

(c). The delay in refunds 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 CHPT. This provision shall, however, not apply to the cases where payment is to be made before availing the services / use of Port Trusts properties as stipulated in the Major Port Trust Act and / or where payment of charges in advance is prescribed as a condition in this Scale of Rates.

  1. The aggregate of all charges (including demurrage) payable on any one consignment shall be subject to a minimum of Rs.100. Further, the charges payable shall also be rounded off to the next higher rupee on the grand total of each application / bill etc.
     

  2. (viii). No refund shall be made if the amount refundable is less than Rs.100. This limit of Rs.100 shall also be applied for supplementary claims for under charges. This however shall not apply for the provisional Deposits collected for the services in advance.
     

  3. (ix). In the case of coal, coke, ores (other than Iron ore by Mechanical handling), Edible oils and other goods in bulk, charges (Wharfage, cranage, demurrage and special services, if any) shall be recovered as per manifested quantity of the vessel.

For purpose of recovery of the charges, except in cases otherwise specified hereinafter the gross and not the net units of each package as specified in the relative invoice or other shipping document shall be taken, subject to a test-check by the CHPT. In the absence of these documents or in the absence of the specification of gross units therein, the units arrived at by actual test-check shall be taken as the gross units.

  1. Vessel related charges shall be collected based on GRT of the vessel. Deck cargo includes container on deck. Deck cargo shall be exempted from assessment of all vessel related charges.
     

  2. a) Wharfage on Import cargo shall be paid at the rate applicable on the date of commencement of landing of the cargo.

    b) Wharfage on Export cargo shall be paid on admittance of the cargo in to the custom bounded area at the rate prevailing on the date of admittance 

    c) The vessels shall pay the port dues on entering in to the port-limits at the rate applicable on the date of entering in to port limit.
     

  3. (i). Wherever a specific tariff for a service/cargo is not available in the notified Scale of Rates, the CHPT can submit a suitable proposal to the TAMP.
     
    (ii). Simultaneously with the submission of proposal, the proposed rate can be levied on an ad hoc basis till the rate is finally notified.

    (iii). The ad hoc rate to be operated in the interim period must be derived based on existing notified tariffs for comparable services/ cargo; and, it must be mutually agreed upon by the Port/ Terminal and the concerned user(s).

    (iv). The final rate fixed by the TAMP will ordinarily be effective only prospectively. The interim rate adopted in an ad hoc manner will be recognised as such unless it is found to be excessive requiring some moderation retrospectively.

  1. (i). The rates prescribed in this Scale of Rates are ceiling levels; likewise, rebates and discounts are floor levels. The CHPT may, if it so desires, charge lower rates and/ or allow higher rebates and discounts.
     
    (ii)  The CHPT may also, if it so desires, rationalize the prescribed conditionalities governing the application of rates prescribed in the Scale of Rates if such rationalization gives relief to the user in rate per unit and the unit rates prescribed in the Scale of Rates do not exceed the ceiling levels.

    (iii)  Provided that the CHPT should notify the public such lower rates and / or rationalization 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.

  1. Service Tax, Educational Cess and any taxes and duties to be levied by the state/ central government shall be collected at the prescribed rate.
     

  2. The users shall not be required to pay charges for delays beyond a reasonable level attributable to the CHPT.

For any other clarifications please contact the Revenue Division of  Finance Department

 

 
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