Vous êtes sur la page 1sur 6

LatestLaws.

com
CHENNAI PORT TRUST (LICENSING OF STEVEDORES) REGULATIONS, 2009

2. DEFINITIONS: In these Regulations,


MINISTRY OF SHIPPPING unless the context otherwise requires:-

NOTIFICATION i) “Act” means the Major Port Trusts


Act, 1963.
New Delhi, the 26th May, 2010
ii) “Board’ means the Board of
GSR 466 (E). – In exercise of the powers of Trustees of the Port of Chennai as
conferred by Sub-Section (1) of Section 124 constituted under the Act.
read with Sub-Section 1 of Section 132 of
the Major Porot Trusts Act, 1963 (38 of iii) “Chairman” means Chairman of the
1963), the Centrtal Government hereby Board.
approves the Chennai Port Trust (Licensing
of Stevedores) Regulations, 2009 made by iv) “Traffic Manager” means the Traffic
the Board of Trustees of Chennai Port in Manager of the Port Trust Board and
exercise of the powers conferred on them by Head of the Traffic Department.
Section 123 of the said Act and published in
the Tamil Nadu Government Gazette dated v) “Form” means form annexed to
30th December 2009 and 6th January 2010 these Regulations.
as detailed in the Schedule annexed to this
Notification. vi) “Stevedore” is an authorized agent
for loading and unloading and
2. The said notification shall come into stowage of cargo in any form on
force from the date of publication of this board the vessels in Ports.
Notification in the Official Gazette.
3. SCOPE:
[F.No.LB-13018/4/2005-L,II]
RAKESH SRIVASTAVA, Jt. Secy. These Regulations shall cover the
following activities:
Annexure
i) Stevedoring undertaken by the Port
CHENNAI PORT TRUST
ii) Stevedoring by the licensed
stevedore
In exercise of the powers conferred
under Section 123 of the Major Port Trust
iii) Stevedoring by the BOT Terminal
Act, 1963 (Act 38 of 1963), the Board of
operator as prescribed in the license
Trustees of Chennai Port hereby frames,
arrangement.
subject to the approval of the Central
Government, the following Regulations in
The Stevedoring may cover the
supersession of the existing Madras Port
activities on board involving workmen and
Trust (Licensing of Stevedores) Regulations
extending to hooking for export (loading)
1987 and subject to publication as required
cargo and unhooking of import (unloading)
under Section 124 of the said Act:-
cargo involving workmen on-board or
whatever practice prevalent in Ports.
SHORT TITLE:
4. STEVEDORING CHARGES:
1. (i) These Regulations may be
called “The Chennai Port Trust (Licensing of
The Stevedoring charges are levied
Stevedores) Regulations, 2009”.
by the stevedores from the principals for the
stevedoring services which include the
(ii) These Regulations shall
charges payable to the Port. Charges to be
come into force on the date of their
collected by the stevedores on the principals
publication in the Official Gazette under
and should be left to the parties and the
Section 124 (1) of the Major Port Trusts Act,
market forces.
1963.

1
LatestLaws.com
CHENNAI PORT TRUST (LICENSING OF STEVEDORES) REGULATIONS, 2009

5. LICENSE FOR STEVEDORES / ii) Any change in the name, title or


STEVEDORING: constitution of a firm or company
holding a Stevedoring license shall
Stevedoring licenses shall be issued be communicated to the Chairman
by the Chairman, in case the firm fulfils the forthwith. The firm or company
following criteria: undergoing such a change shall
submit a fresh application for the
i) It shall be a Company registered grant of a license; provided that the
under Companies Act or a Chairman may at his discretion allow
partnership firm or any other legal such a firm or company to carry on
entity business till such time a decision is
taken on such fresh application. The
ii) The financial standing of a stevedore fresh license required to be issued in
to meet the obligations to the such cases will however attract the
workers and staff employed on same changes as are payable for
account of wage compensation the issue of a new license.
under the Workmen’s Compensation
Act, 1923, Payment of Wages Act, 7. VALIDITY / RENEWAL OF
1936, Industrial Dispute Act, 1947, LICENSE:
or any other law for the time being in
force; and makes a deposit of Rs. 5 i) The fee for renewal of license shall
lakhs or any other acceptable be a minimum of Rs. 50,000/- for the
security which will be refunded period of the license which may be
without interest/discharged on the revised by the Board from time to
termination/expiry of the license after time.
meeting the obligations, if any;
ii) The Stevedoring license shall be
iii) The Stevedores shall undertake to valid for a period of three calendar
provide minimum equipment gear years. License issued after 1st of
either owned or hired. January shall be valid till the end of
next 2 calendar years from the date
iv) The Stevedores should undertake to of issuance of license.
employ at least 4 Supervisory
personnel with minimum two years iii) The License will be strictly renewed
of cargo handling / stowage on the basis of achieving minimum
experience. Their profile has to be guaranteed throughput / prescribed
enclosed along with the application. performance parameters as fixed by
v) The fee for issue of Stevedoring the Port.
license shall be a minimum of
Rs. 50,000 for the period of the iv) The application for grant/renewal of
license which may be revised by the a Stevedoring license shall be made
Board from time to time. in form A to the Traffic Manager
(Specimen Form A – annexed).
6. CHANGE IN NAME,
v) Every license granted or renewed
CONSTITUTION, ETC TO BE
under these regulations shall be in
COMMUNICATED:
form B (Specimen Form B –
annexed).
i) Any company registered under the
Companies Act or a Partnership firm
vi) Before issue of renewal of licenses,
or any other legal entity holding a
a report regarding the safety
stevedoring license shall
performance and compliance of
immediately communicate to the
Dock Safety Statutes shall be
Chairman about any change of the
obtained from the ‘Inspector’
Director, Managing Director or
declared under the Dock Workers
partner as the case may be, with a
(Safety, Health and Welfare) Act,
copy of the document in support of
1986 which shall be taken into
such change.

2
LatestLaws.com
CHENNAI PORT TRUST (LICENSING OF STEVEDORES) REGULATIONS, 2009

consideration while granting the damage resulting from the use of


renewal of the license. defective gear.
If the Stevedore fulfils the
required conditions and is eligible for iv) Stevedore shall indemnify the Board
renewal but awaiting safety against all third party claims arising
clearance before expiry of the out of such operations.
license period, Port may permit the
stevedoring operation by executing v) In event of any accident, stevedore
an indemnity bond. is liable to settle the claim as per the
Workmen’s Compensation Act.
vii) In the event of loss or defacing of
the original license, a duplicate vi) Whenever casual workers are
license may be obtained on an deployed, the stevedore should
application made to the Traffic ensure that such workers are
Manager on payment of Rs.1000/. covered by the insurance policy.

viii) The application for renewal of vii) If any gear, plant or any other
stevedoring license shall be made at property of the Board is damaged by
least 3 months before the expiry of the stevedore in the course of any
the license. If the application for such operations, the stevedore shall
renewal is not received within the compensate the Board for such loss
stipulated period of 3 months, such or damage.
applications may be accepted on
payment of Rs.1000/- by the Traffic viii) Stevedore shall pay scheduled
Manager, provided that the charges to Port in advance.
application for renewal together with
the late fee is received by the Traffic ix) The stevedore may deploy adequate
Manager before the actual date of supervisory personnel per vessel.
expiry of the license.
x) The Stevedore shall ensure that all
8. DUTIES AND RESPONSIBILITIES the amount due to the Board is paid
OF A STEVEDORE: on the appointed dates, failing which
the license is liable to be cancelled.
During the currency of a stevedoring
license issued by the Chairman, the xi) The Stevedore shall comply with
following duties and responsibilities and such instructions as may be issued
performance parameters of stevedores to from time to time by the Traffic
ensure the safe and efficient handling as per Manager in the interest of safety;
their Stevedoring Licensing Rules, shall be improved productivity and labour
fulfilled by the stevedores: discipline.

i) The Stevedore shall ensure that all 9. CANCELLATION / SUSPENSION


such operations conform in all
OF LICENSE:
respects to the requirements
prescribed by or under the Dock a) The Chairman may at any time suspend
Workers (Safety, Health and or cancel the license issued to a
Welfare) Act, 1986 and the Dock Stevedore for violation of any of the
Workers (Safety, Health and terms of the license or for any
Welfare) Regulations, 1990 reasons listed below when:

ii) Stevedore shall comply with all i) The CEO of the stevedoring firm has
accepted safe practices in relation to been convicted by the Court of any
such operations. offence involving moral turpitude and
sentenced in respect thereof to
iii) Stevedore shall be solely imprisonment for not less than six
responsible for any accident or months, and a period of five years

3
LatestLaws.com
CHENNAI PORT TRUST (LICENSING OF STEVEDORES) REGULATIONS, 2009

has not elapsed from the date of (ii) The Central Government shall pass
expiry of the sentence. such order on the appeal as it
deems fit after giving an opportunity
ii) The firm handles less than the of being heard to the appellant.
minimum guaranteed throughput /
the prescribed parameters as fixed 11. DEPLOYMENT OF WORKERS
by the Port. FROM PORT / LICENSE HOLDER
OR OUTSIDER:
iii) Violates safety regulations and
mandatory Dock Safety measures. In case the Port is unable to supply
the requisite workers against the requisition
iv) Adopts improper and unsafe placed by stevedores, the Port may allow
handing methods the stevedores to make their own
arrangement for this purpose, subject to the
v) Misrepresents or misstates of condition that they should obtain the license
material facts from the authority concerned.

vi) Adjudged insolvent or going into 12. DATUM, NORMS FOR


liquidation PRODUCTIVITY Etc.

vii) Causing obstruction to any work in Datum, Norms for productivity, rate
the Port. of incentive etc. may be determined by the
Ports from time to time duly taking
viii) Transfers the stevedoring operations cognizance of the performance parameters
or sublets the license to any other during last 3 years.
individual or parties.
13. TRAINING, USE OF MODERN
ix) Violates security related rules and TECHNOLOGY:
instructions like ISPS Code
compliance etc., The personnel deployed in
stevedoring activities shall be trained in
x) Any misconduct which in the opinion modern methods of cargo handling for
of the Board warrant such improving the productivity, efficiency and
cancellation or suspension. safety from a recognized Maritime
University.
xi) Indulges in illegal / corrupt practices.
14. MISCELLANEOUS:
b) Provided that no such license shall
The forms required for grant/renewal
be cancelled or suspended as the
of Stevedoring License under these
case may be until the holder of the
regulations shall be such as may be
license has been given a reasonable
prescribed by Chairman from time to time.
opportunity for showing cause why
his license should not be cancelled
or suspended as the case may be. 15. INTERPRETATION
If any question arises as to the
10. APPEAL:
interpretation of these Regulations or in
(i) Any person aggrieved by any order respect of any matter not hereinabove or
of the Chairman relating to subsequently provided for, the same shall
cancellation / suspension / refusal to be decided by the Board.
issue licenses under these
16. REPEAL AND SAVINGS
Regulations may prefer an appeal in
writing to the Central Government, The Madras Port Trust (Licensing of
or any other higher authority as the Stevedores) Regulations 1987 procedures,
case may be within 30 days of the practices and customs corresponding to
communication of the order these regulations and in force immediately
appealed against. before the commencement of these
regulations are hereby repealed.

4
LatestLaws.com
CHENNAI PORT TRUST (LICENSING OF STEVEDORES) REGULATIONS, 2009

Provided that any order made or as to the financial ability and


action taken under the regulations, Income Tax Clearance
procedures, practices, and customs so Certificate to be produced.)
repealed shall be deemed to have been 8. Whether the applicant has/is
made or taken under the corresponding willing to acquire gear for
provisions of these regulations. stevedoring the contracted
vessel/cargo?
-------- (List of gear with necessary
Principal Regulations: certificate to be furnished) :
9. Whether the applicant has /is
Chennai Port Trust (Licensing of willing to have in his employment
Stevedores) Regulations, 2009 approved adequate staff with experience
by Central Government vide MOS’s and conversant with Rules and
Notification No. G.S.R. 466(E) dated Regulations (A list of the Staff
the 26th May 2010 and Addendum No. and their experience to be
S.O. 1107 (E), dated 3rd May 2011 furnished) :
10. Whether the applicant has
FORM –A cleared all the amounts, if any,
on account of transactions he
CHENNAI PORT TRUST had with the Chennai Port
To Trust/Chennai Dock Labour
Board/Chennai Stevedores’
The Traffic Manager, Association? :
Chennai Port Trust. 11. Whether the license fee and the
earnest money deposit has been
APPLICATION FORM FOR THE made? :
GRANT/RENEWAL OF STEVEDORING LICENCE (The receipt for the payment is
to be attached. The license fee
1. Name of the applicant : and the deposit will be refunded
2. Whether individual, firm or if the license is not
company(Article of : issued/renewed).
partnership/company to be 12. Whether the applicant has
produced) deposited a sum of Rs. 5 lakhs in
3. Full Address : cash or any other acceptable
4 Year/s for which license is security? :
required :
5 Name/s of the Steamship I affirm that the particulars given are true to
Company/ Charteror of the best of my knowledge.
ships/owner of cargo, with I agree to furnish any other
whom the contract for information/produce any record for inspection as
stevedoring their may be required to consider the request for grant of
vessel/cargo subsists or is license.
proposed to be entered. (Proof I agree to abide by the Chennai Port Trust
of contract for the period (Licensing of Stevedores) Regulations 2009 and to
covered is to be appended. The comply with any other conditions made by the
approximate tonnage for each Chairman from time to time, if the license is issued
party is to be indicated.) /renewed.
:
6. Previous experience in the field Place: Signature of Applicant.
(The cargo and tonnage Date:
stevedored in the previous 3
years to be furnished) : N.B. The grant/renewal of license will be
entirely at the discretion of the Chairman.
7. Amount of Financial ability to
meet the obligations on account
of wages compensation under
Workmen’s Compensation Act,
etc, :
(A Certificate from the bankers

5
LatestLaws.com
CHENNAI PORT TRUST (LICENSING OF STEVEDORES) REGULATIONS, 2009

1
FORM – B

CHENNAI PORT TRUST

LICENSE FOR UNDERTAKING


STEVEDORING OPERATIONS
AT CHENNAI PORT

1. Name of the :
licensee

2. Address :

3. Period for :
which the
license is
granted

4. Any other :
particulars
required to
be
mentioned

5.

6.

7.

Licensing Authority:
Designation
Place
SEAL

CONDITIONS

1. This license is granted subject to the


provisions of the Major Port Trusts Act,
1963 and the Chennai Port Trust
(Licensing of Stevedores) Regulations,
2009.

2.

3. (Here print the conditions subject to which


the license is given. Eg. The duties and
responsibilities enlisted in Regulation 8 of
the said Regulations)
---------

6
1
Addendum S.O. No. 1107 (E), dated 03.11.2011