EXPERT-OPINION

Jawaharlal Nehru Port Trust
Scale of Rates (w.e.f. 30.11.2006)
(CHAPTER-I)

(i) "Coastal vessel" shall mean any 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.

(ii) "Foreign-going vessel" shall mean any vessel other than coastal vessel.

(iii) "Cold move" shall mean the movement of the vessels without the main engines in operation.

(iv) "Hazardous Chemicals" mean and include the chemicals referred under Schedule I, Schedule II and Schedule III of Manufacture, Storage and import of Hazardous Chemicals Rules, 1989 framed under Environment (Protection) Act, 1986 and Rules, as applicable from time to time.

(v) "Port area" means the custom bound area / port operational area of the Port.

(vi) "Normal Container" shall mean general type containers, not falling under special categories mentioned subsequently.

(vii) "Reefer Container" shall mean a refrigerated container used for carriage of perishable goods with provision for electrical supply to maintain the desired temperature.

(viii) "Hazardous Container" shall mean a container containing hazardous goods as classified under IMO.

(ix) "Transhipment Container" shall mean a container, which is discharged from one vessel, stored in the yard and transported through other vessel.

(x) "Over Dimensional Container" shall mean a container carrying over dimensional cargo beyond the normal size of standard container and needing special devices like slings, shackles, lifting beam etc. They also include damaged containers and other types which require special devices.

(xi) "Shut out Container" shall mean a container which enters into the port as an export intake for a particular vessel (as indicated by the Vessel Identification Advice Number, i.e. VIA No.) and is not connected to the particular vessel for reasons whatsoever, then the container is termed to be a shutout container.

(xii) "Back To Town Container" shall mean a container entering the port for export but unable to be exported for whatever reason and taken back to town.

(xiii) "VIAN" means Vessel Identification Advise Number.

i) (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.

(ii) 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.

(iii) (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. 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 in the port premises in case of export containers.

(iv) 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.

(v) 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.

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

(b) 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.

(c) 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.

(d) 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.

(e) 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.

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

(vii) Interest on delayed payments / refunds:

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

(b) The rate of penal interest will be 13%. The penal interest rate will apply to both the JNPT 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 JNPT. 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.

(viii) All charges worked out shall be rounded off to the next higher rupee on the grand total of each bill.

(ix) 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.

(x) The users will not be required to pay charges for delays beyond a reasonable level attributable to the Port.

(xi) (a) Wherever a specific tariff for a service/cargo is not available in the notified Scale of Rates, the JNPT can submit a suitable proposal to the TAMP.

(b) Simultaneously with the submission of proposal, the proposed rate can be levied on an ad hoc basis till the rate is finally notified.

(c) 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).

(d) 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.

(xii) (a) The rates prescribed in this Scale of Rates are ceiling levels; likewise, rebates and discounts are floor levels. The JNPT may, if it so desires, charge lower rates and/ or allow higher rebates and discounts.

(b) The JNPT 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. Provided that the JNPT 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) (i) Port Dues of a vessel entering the Port of Jawaharlal Nehru will be assessed on its total GRT at the rate shown against the relevant vessel group according to GRT of that vessel.

(ii) Port Dues shall be applicable as coastal or foreign-going as per the status of the vessel at the time of entry into the port.

(2) A vessel entering the port in ballast and not carrying passengers shall be charged with only 75% of the Port Dues with which she would otherwise be chargeable.

(3) A vessel entering the port but not discharging or taking in any cargo or passenger therein (with the exception of such unshipment and reshipment as may be necessary for the purposes of repairs) shall be charged with only 50% of the Port Dues with which she would otherwise be chargeable.

(4) Port dues shall be levied at 50% of the above rates in the following cases:

(i) Vessel entering the port for repairs, dry docking in bunkers, provisions or water or for change of goods or discharging any sick member of the crew and sailing from the port without taking in passengers or cargo.

(ii) Telegraph vessel.

(5) (i) A vessel in distress with cargo or property brought into the port shall be charged full port dues.

(ii) A vessel in distress without any cargo brought into the port shall be charged 75% of the port dues.

(6) A LASH vessel making a ‘second call’ to pick up empty and / or laden fleeting LASH barges shall be treated as a vessel entering a Port, but not discharging or taking any cargo or passenger therein, and shall not be charged any Port Dues.

(7) For oil tankers with segregated ballast, the reduced gross tonnage that is indicated in the "Remarks" column of the International Tonnage Certificate will be taken to be its gross tonnage for the purpose of levying Port Dues.

(8) MbPT Port Dues:

             Vessels requisitioning pilot's services for shifting from one berth to another shall be charged as follows in addition to the rates prescribed in the above schedule.

2.2.C.  SCHEDULE OF SHIFTING CHARGES FOR SHIFTING TO NHAVA JETTY, MUMBAI PORT LIMITS, ANCHORAGE BERTH OR ANYWHERE WITHIN THE JNPT LIMITS:

Notes:

(1) The fee leviable for piloting-cum-towing of the vessels in and out of harbour as shown in the Schedule shall include services of pilots and tugs and other craft as may be required for one inward and one outward operations and shifting/s of vessels for ‘port convenience’. Shifting at the request of the vessels will attract separate shifting charges.

(2) The minimum charges under the schedule for pilotage – towage fees for each visit to the Port shall be US$189 for Foreign-going vessels and Rs.4953.31 for Coastal vessels.

(3) Pilotage-cum-Towage shall be charged 50% of the prescribed rates for inward and outward leg of the vessel depending upon the status of the vessel at each leg, i.e. either Foreign-going or Coastal.

(4) No charges shall be levied for shifting of a vessel for port convenience.

(i) "Port convenience" is defined to mean the following:

(a) If a working cargo vessel at berth or /mooring is shifted / inberthed for undertaking hydrographic survey work or for allotting a berth for the dredger or for attending to repairs to berths, maintenance and such other similar works whereby shifting is necessitated, such shifting shall be considered as "SHIFTING FOR PORT CONVENIENCE". The shifting made to reposition such shifted vessel is also considered as "SHIFTING FOR PORT CONVENIENCE".

(b) If a working cargo vessel is shifted from berth to accommodate on ousting priority, vessels which are exempted from bearing shifting charges, such shifting shall be treated PORT CONVENIENCE".

(c) Whenever a vessel is shifted to accommodate another vessel which can not be berthed at other berths due to draft and LOA restrictions such vessel is considered as "SHIFTING FOR PORT CONVENIENCE".

(d) Whenever a vessel is shifted to accommodate another vessel having priority at the adjacent berth and unless that vessel shifts, another vessel can not be berthed at the adjacent berth due to length restrictions such shifting is also considered as "SHIFTING FOR PORT CONVENIENCE".

(e) Whenever a vessel is shifted to accommodate another vessel carrying hazardous cargo which needs adjacent berth to be kept vacant for safety reasons is also considered as "SHIFTING FOR PORT CONVENIENCE".

(ii) Whenever a vessel is shifted from berth to accommodate another vessel on ousting priority, the vessel shifted is exempted from the payment of shifting charges since the same is paid by the vessel enjoying the ousting priority or the shifting is treated as for PORT CONVENIENCE when the priority vessel is exempted from payment of such charges. However, this benefit will not be applicable in the following cases:

(a) Non-cargo vessel which in any case have to vacate berth when cargo vessels arrive.

(b) Vessels using the berth exclusively for overside loading/discharge.

(c) Vessels which are idling at berth without doing any cargo handling operations.

2.2.D. COLD MOVE CHARGES:

2.2.E. CANCELLATION CHARGES AND DETENTION CHARGES FOR PILOTS:

2.2.F. PILOTAGE FEE FOR VESSELS NOT REQUIRING TUG ASSISTANCE:

Note:  The minimum charges for each visit to the Port shall be US$ 180 in case of foreign-going vessels and Rs. 4717.44 in case of coastal vessels

2.3. SCHEDULE OF BERTH HIRE CHARGES: