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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:
-
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.
-
Consignment
shall mean the goods covered by one import or export application’.
-
Enclosed Harbour
shall mean the area within the breakwater upto buoy No.9.
-
Foreign-going
vessel shall mean any vessel other than coastal vessel.
-
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 |
-
‘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.
-
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
-
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.
-
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.
-
(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.
-
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.
-
(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.
-
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 12.25% 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 Trust’s 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.
-
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.
-
(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.
-
(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.
-
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.
-
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.
-
(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.
-
(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.
-
Service Tax,
Educational Cess and any taxes and duties to be levied by the state/
central government shall be collected at the prescribed rate.
-
The users shall not be
required to pay charges for delays beyond a reasonable level
attributable to the CHPT.
For other Terms & Conditions and Special Concessions
kindly refer the Scale of Rates manual available with FA & CAO
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