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Extraordinary Gazette of India, 1996, No. 382 PDF

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Preview Extraordinary Gazette of India, 1996, No. 382

REGD. NO. D.L.—33004/95 The Gazette of India EXTRAORDINARY PART II—Section 3—Sub-Section (i) PUBLISHED BY AUTHORITY So. 15] NEW DELHI, TUESDAY, JANUARY 9, 1996/PAUSA 19, 1917 84 GI/96 (1) 2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] 3 MINISTRY OF SURFACE TRANSPORT (Ports Wing) NOTIFICATION New Delhi, the 9th January, 1996 G.S.R. 18 (E) .—In exorcise of the powers conferred by sub-section (1) of section 35 cf the Indian Pcits \ct, 1908 (15 of 1908) and in supersession cf the Port of Tutxorin Pilotage and other Services (Fees) crder, 992published vide notification of the Government of India in the Ministry Of Surface Transport (Ports Wing), t 4 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] G.S.R. No. 571 (E), dated the 1st June, 1992, except as respects things done cr emitted to be done befcre such supersession, the Central Government hereby makes the following Order for rcgulr.t.ng the Uvy of fees for Piloltage and other services in the Port of Tuticorin, namely : ORDER (1) Short Title and Commencement :— (i) This Order may be called the Port of Tut'corin PiLtagc ard ether Services (Fees) Osder, 1995 (ii) It shall come into force from the date of its publ'catien, in the Official Gflzt-Ue. 2. Definifons (i) "Port" means Zone A of the Port of Tufccrin. (ii) "Coasting Vessel" means a ship or a steamer which is engaged :n th. canirgc by si.a of p^^ngeis r r goods from any port or place in Ind'a to any other Port or pkee ;n Ind'a. (iii) "Foreign Vessel" mean? a ship or steamer employed in trading betwun any Pent ef place n fndia nr.d other Port or place or between Ports or places outside India. (iv) "The Gross Rcg;stcred Tonnage" shall have the meaning ass'fncd to "ten" as defined n tlu Ind an Ports Act, 1908. It is on this tennage that vessels are charged PikUge F^ct. Dtck cF.jgc will be exempted from assessment of Pilotage dues in respect of Coasfng Vessels, while it will be included for purposes >f assessment when and if cargo is carried en deek in respect of Foreign Vessels. 3. Fees for Pilotage, Mooring or Unmooring etc. (I) The fees leviable for pilotage vessels in and cut of the Ilpibour wheh includes KIVCIS cf the Pcrt's Pilots and the services of the tugs and launches with the crew, shall be at the istcs .specified in the Schedule- below :— SCHEDULE Classification cf vessel Rate per GRT Minimum Coasting Foreign ve-ssels vessels (Rs.) (US $) (0 (2) (3) (4) (a) Upto 3000 GRT 3.85 0.27 Rs. 10980 (b) Above 3000 and upto 10000 GRT 3.85 0.27 S 522.16 per ship. (c) Above 10000 and upto 15000 GRT 4.13 0.28 ;d) Above 15000 and upto 20000 GRT 4.38 0.29 (e) Above 20000 and upto 25000 GRT 4.55 0.30 [f) Above 25000 and upto 30000 GRT 4.76 0,31 [g) Above 30000 GRT 4.90 0.32 (2) Foreign Vessels shall be charged Pilotage fees at the rates specified in US $ in the Schedule above and i he same collected in equivalent Indian Rupees at the market buying exchange rate notified by RBI en the date of arrival of the vessel. (3) For Fishing Trawlers, the minimum Pilotage charges payable shall be US S 81.25 for Foreign Vessels and Rs. 1220 for Coasting Vessels. (4) For mooring a vessel outside the harbour when it does not enter or leave it, a fee equal to 25% of tb.0 charges payable under the above Schedule shall be levied subject to a minimum of Rs. 3905 for coasting vessels and US J 185.68 for Foreign Vessels. 5 (5) la the case of pilcts whose services have been requisitioned but not utilised, the following charges ihall be levied namely ; si. Description Charges Payable No Foreign Vessels Coasting Vessels 1. Pilot whi-sc services have been requisitioned but not utilised US fc 49.35 Rs. 695.00 after the pilot has b:ardec a vessel. Note :— (i) The Charges ai the rates -,nr rifled £ibovc shsll be levied notonly in cases of cancellation of requisitions L for inward and cutvwrd pilc-tcge < f vessels but PILO for the cancellation of re-quisit cr.s Rr fh'ffnfc. cf berth of vessels and lemocring cr for LUinirj, a vi.s:el around in her berth'or foi remcoring a vessel in the tame bcith duo to pisiiLn of heavy lfts or f r any ether reason. (ii) The above charges are noi laevkblc in case of : (a) Cancellations received ft last ore ht ur bcfoi"c the Pilot's appointed bearding time of the Vessel. L (b) Cancellations caused under ex. epl or.al cjrcumstcuces for reasons that could not be attributed tc the vesseL faults. 6. Sp;-c'al Charges (Detention Fees) : A fee of Rs. 695 in respect of Coasting Vessels and US £ 49.35 in respect of foreign vessels shall be levied for the first hour or part cf an hcur that a pilot is kept waiting on boaid nny vtssnl at the Pert of Tutxorin beyond 30 minutes after boarding such vessel. The detent en fee for every subsequent hcur cr part thereof shall be levied at the rntc of Rs. 135 in inspect jf coasting vessels iind US £ 16.84 in respect of foreign vessels. 7. Fees for on Carriage of Pilot : In the event of a vessel carrying a pilot outside the Port limits for unavoidable rent ens the Mc^ter shall be bound to leave the Pilot at the next nearest Pert end the Master, owner or h's representative shall be responsible for the repatriat'on and all connected formal.tics thereof and be also liable to pay all expenses incurred in the matter cf boarding, lodging, ether reasonable expenses ar.d the repatriat'en cf the pilet thus over carried. In addition, compensatxn ot the rate of Rs. 125/ US ($5.81) per hour shall be payable by the Master of the vessel till the P.lct re perls brek to duty at the Port. 8. For piloting a vessel on "COLD MOVE" namely, withctit the power of the engine of the vessel partly or fully, in any operation, pilotage fee shall be levied at dcubic the rates. 9. In respect of "Priority Berthing/Ousting Priority" to any vessel, the Charges for "Sh'fl.rg ,V s d n "Shifting Out" shall be levied at the rate applicable to one pilotage act. 10. All vessel related charges worked cut shall be rcunded off to the next higher multiple of ten rupees 11. No refund shall bo made unless the ame'pnt refundable is Rs. 100 oi more. [F. No. PR-14012/16/95-PG] C.S. KHAIRWAL, Jl. Secy. 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART U—SEC. 3(i)] 7 k THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] NOTIFICATION New Delhi, Hit 9th January, 1996 G.S.R. 19(E).—In exercise of the powers conferred by sub-section (1) of section 33 read with Section 34 of the Ihldian Ports Act, 1908 (15 of 1908) and in supersession of the notification of the Government of India in the Ministry of Surface Transport (Ports Wing), GSR No. 104(E), dated the 18th February, 1992 such except as respects thing die ne or omitted to be done before such supersession, the Central Governing it hereby directs that from the day follow- in? the expiration of thirty days from the date of publication of this notification in ths Official Gazette, Port dues shall be levied on each of the vessels entering the limits of the Port of Tuticorin as described in column (1) of the ''Schedule' hereto annexed, at the rates specified in the Corresponding e ltry in column (2) and (3) respectively and at the intervals specified in the corresponding entry in column (4) of the said Schedule. SCHEDULE—PORT DUES Vessels Chargeable (seagoing vessels of 15 Rate of port Rate of por Frequency of payment in respect of the tonnes and upwards) Dues per Dues per same vessel GRTin GRT in Rupees. uss. 1 T 3 4 1. Foreign Vessels : (1) Ships/Steamers. 0.18 The due is payable on each entry into the Port. (2) sailing Vessel. 0.09 -do- % Casting Vessels :— (1) Ships/Steamers. 1.99 The due is payable once in sixty days pro. vided the payment of the dues once made shall be valid only for 3 entries into the Port (Including the entry on which the pay- ment was made) during the said period of 60 days. (2) Sailing Vessels. 0.51 The payment of the due at the Port will exempt the vessel for a period of sixty days from the liability to pay the due again. DEFINITIONS: 1. "Coasting Vessel" means a ship/steamer exclusively employed in trading between any Port or place in India or any other Port or Place of India. 2. "Foreign Vessel" means a ship/steamer not being a Coasting ship/steamer. 3. 'The Gross Registered Tonnage" shall have the meaning assigned to "ton" as denned in the Tndian Ports A4t, 1908, as amended from time to time. N6TE : (a) All vessels shall be charged Port dues on their "Gross Registered Tonnage". Deck cargo shall be ex- dihbtcd from assessment of Port dues in respect of coasting vess^ Is, while :t shall be included foi purposes of assess- ment when and if cargo is carried on deck in respect of foreign vessels. (b) The Foreign Vessels shall be charged Port dues at the rotes not;fied in US E and the same collected in divalent Indian Rupees at the Market Buying Exchange rate notified by RBI on the date of arrival of the vessel. 9 TERMS AMD CONDITIONS J. The limit of the Port of Tuticorin includes and covers both Zone A and Zone B. 2. Fraction of half a tonne and above shall be counted as one tonne and less than half a tonne ignored. 3. In calculating the expiration of the period ol' exemption in respect of Coasting Vessels, the day of payment should be reckoned as one of the 60 days, and the day of entry should be reckoned as the day of payment, whether the dues are actually paid on the day of entry or subsequently, and the date on which the liability to dues is based is that date on which the vessel passes the geographical limits of the Port. 4. Port dues shall not be levied OD : (i) Vessels of Less than 15 tonnes; (ii) Vessels belonging to other Tndian Ports; (iii) any pleasure yachts; (iv) any vessel which, having left this Port is compelled to re-enter it by stress of weather or in consequence of having sustained any damage; or (v) any vessel which, having entered and leaves it within 48 hours without discharge or loading of any passenger or cargo. 5. For the purpose of the levy of Port dues, a vessel shall not be deemed during 'one and the same voyage to be both a coasting ship or steamer and a foreign ship or steamer, but port dues shall, in respect of such voyage, be leviable on such vessel either as a coasting or a foreign ship or steamer, whichever rate is higher. 6. (a) Vessels entering the Port, but not discharging or taking in any cargo or passengers therein (with the excep- tion of such unshipment/reshipment as may be necessary for purposes of repair), and also vessels taking in only pro- visions, water, bunker coal or liquid fuel for their consumption, shall be charged with half of the Port dues with which she would otherwise be chargeable. (b) Vessels entering the Port in ballast and not carrying passengers shall be charged with Port Dues at three fourth of the Port Dues with which she would otherwise be chargeable. 7. Coasting vessel, which, after paying half of Port dues under 6 (a) above, re-enters the Port within tho period of exemption with Cargo or passengers or in ballast shall be charged the difference, vi7,fthehalf previously conceded. 8. A Coasting vessel which after paying three fourths of Port Dues under 6(b) above, re-enters the Port within the period of exemption with cargo or passengers or in ballast shall be charged the difference viz, one fourth port dues previously conceded. 9. In the event of any dispute regarding the position of a vessel as to the limits of the Port of Tuticorin, it shall be decided by the Deputy Conservator or by the Officers authorised in this behalf. 10. All Vessel related charges worked out shall be rounded off to the next higher multiple often rupees. 11. No refund shall be made unless the amount refundable is Rs. 100 or more. [F.No. PR-14012/16/95-PG] C.S. KHAIRWAL, Jt. Secy. 84G1/96—2 Printed by the Manager, Govt, of India Press, Ring Road, Maya Purl, New Delhl-110064 and PublUhed by the Controller of Publication*, Delhi-110054, 1995

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