In exercise of the powers conferrd by sub-section (1) of section 124 read with sub- section (1) of section 132 of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby approves with modification the Kolkata Port Trust (Stevedoring and Shore Handling License) Regulations, 2020, made by the Board of Trustees of the Kolkata Port Trust under section 123 and published by it as required under sub-section (2) of section 124 of the said Act. as set out in the Scheduled annexed to this notification.
2. The said regulation as approved shall come into force from the date of publication of this notification in the official Gazette.
In exercise of the powers conferred by Section 123 of the Major Port Trusts Act, 1963 (38 of 1963), the Board of Trustees of the Kolkata Port Trust hereby makes the following regulations, in supersession of the Kolkata Port Trust (Licensing of Stevedores) Regulations, 1987, except as respects things done or omitted to be done before such supersession, namely:-
1. Short title and commencement: (1) These regulations may be called the Kolkata Port Trust (Stevedoring and shore handling license) Regulations, 2020.
(2)They shall come into force on the date of publication of the approval thereto by the Central Government in the Official Gazette.
2. Definitions- In these Regulations, unless the context otherwise requires,-
(a) Act means the Major Port Trusts Act, 1963 (38 of 1963);
(b) agent means a person to whom stevedoring and shore handling licence has been issued under regulation 6;
(c) Board means the Board of Trustees for the Port of Kolkata as constituted under the Act;
(d) Chairman means the Chairman of the Board;
(e) form means a form appended to these regulations;
(f) General Manager (Traffic) means the officer in charge of the Traffic Operations Department of Haldia Dock Complex of the Kolkata Port Trust and includes its deputies and assistants or any other officers acting under his authority;
(g) Haldia Dock Complex means Haldia Dock Complex as defined in the prevailing scale of rates of the Kolkata Port Trust;
(h) Kolkata Dock System means Kolkata Dock System as defined in the prevailing scales of rates of the Kolkata Port Trust;
(i) licence means a stevedoring and shore handling licence issued under regulation 6;
(j) port means the Kolkata Port;
(k) royalty means the amount fixed by the Board which is payable by the agent to the Board for rendering stevedoring and shore handling services;
(l) shore handling activities include arranging and receiving the cargo or container to or from the hook point, intra port transportation from wharf to stack yard and vice-versa and also receiving and delivery of cargo or container from or to wagons or trucks or barges or conveyors;
(m) stevedoring activities include all operational activities involving workmen and equipment on-board the vessels in respect of loading and unloading of goods on or from vessels at jetties, berths, wharfs, piers, quays, docks or anchorages belonging to or under the control of the Board including hooking and unhooking on-board for import and export cargo and includes stuffing or destuffing of containers;
(n) tariff authority means the Tariff Authority for Major Ports constituted under section 47A of the Act;
(o) traffic manager means the officer in charge of the traffic department of the Kolkata Dock System under the Kolkata Port Trust and includes his deputies and assistants or any other officer acting under his authority;
(p) words or expressions used herein and not defined, but defined in the Act, shall have the same meaning as assigned to them in the Act.
3. Application. - These regulations shall apply to the stevedoring activities on-board and shore handling activities on shore undertaken by the agent within the limits of the port, but shall not apply to such activities undertaken by the Board, either directly or through contractor, or by any person with whom Public Private Partnership agreement or Build-Operate-Transfer agreement or such other agreement as has been entered into by the Board.
4. No person to undertake stevedoring or shore handling activities without licence - No person shall undertake stevedoring and shore handling activities in the port unless he has been issued a valid licence under these regulations:
Provided that a person to whom licence has been issued prior to the coming into force of these regulations may continue to operate under the existing licence for a period of sixty days or till he obtains a licence under these regulations, whichever is earlier.
5. Criteria for issue of licence - A licence for carrying out the stevedoring and shore handling activities may be issued to an applicant who fulfills the following criteria, namely:-
(a) the applicant is a company registered under the Companies Act, 2013 (18 of 2013) or a partnership firm or any other legal entity;
(b) the applicant has employed or submits an undertaking to employ at least six supervisory personnel possessing minimum of two years' of experience in cargo handling or stowage planning:
Provided that such supervisory personnel shall not be on the pay roll of another company or be an employee of any other employer or deployed by the applicant in any other ports;
(c) the applicant possesses equipment, gears and attachments required for stevedoring and shore handling activities, as specified by the Board:
(d) the applicant is willing to deposit an interest-free refundable security deposit of rupees five lakh, or as the Board may fix, from time to time, to meet any contingency.
6. Issue of licence.- (1) Any person who desires to obtain a licence under these regulations for carrying out the stevedoring and shore handling activities may, at any time, submit an application online in the format available on the website of the Board, or in writing to the Chairman in Form-A, along with the documents specified therein and a fee of rupees one lakh or such higher fee, as the Board may fix, from time to time.
(2) If the Chairman is satisfied that the applicant fulfills the criteria specified under regulation 5, he may issue licence to the applicant in Form-B or otherwise communicate the order of refusal to the applicant.
(3) The licence shall be issued under sub-regulation (2) on payment of security deposit specified in clause (d) of regulation 5.
7. Validity and renewal of licence:- (1) The licence issued under regulation 6 shall be valid for a period of three years from the date of issue of licence unless otherwise specified.
(2) An application for renewal of licence may be submitted in Form-A, at least three months prior to the expiry of the licence, along with the documents specified therein and a fee of rupees one lakh or such higher fee, as the Board may fix from time to time, and in case of delay, a late fee of rupees fifty thousand or such other late fee, as may be fixed by the Board.
(3) The licence is liable to be renewed if the applicant fulfills the following conditions, namely:-
(a) has complied with the terms and conditions of the licence;
(b) has handled a minimum amount of cargo or containers per annum, as the Board may fix, from time to time;
(c) has complied with the performance standards notified by the tariff authority;
(d) has complied with the safety norms and such compliance has been certified by the Inspector appointed under the Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986) in the report submitted to the Chairman.
(4) If the Chairman is satisfied that the applicant has fulfilled the conditions specified in sub- regulation (3), he may renew the licence for a further period of three years unless otherwise specified, or otherwise communicate the order of refusal to the applicant:
Provided that where the report of the Inspector referred to in clause (d) of sub-regulation (3) is not submitted before the date of expiry of the licence, the Chairman may, if he is satisfied that the applicant fulfills all other conditions specified in sub-regulation (3), renew the licence for a further period of three years unless otherwise specified, subject to the agent executing an Indemnity Bond in Form-C:
Provided further that in case there is an adverse report from the Inspector, the license may be suspended or cancelled.
(5) In the event of loss or defacing of the original licence, a duplicate licence may be issued if an application in this behalf is made to the Chairman on payment of rupees fifty thousand or such other amount, as the Board may fix from time to time
8. Performance Standards and tariff for Stevedoring and shore handling activities- (1) The Board shall from time to time specify the performance standards to be followed by the agents for carrying out stevedoring and shore handling activities in the port.
(2) The Board may, for the purpose of encouraging compliance with the performance standards specified by it, fix incentives for the agents and specify penalty for non-performance and may publish monthly summary of performance achieved by the agents on its website.
(3) The tariff authority shall, on the basis of performance standards specified by the Board under sub- regulation (1), fix and notify tariff separately for mechanised and manual operations of stevedoring and shore handling activities in the port and such tariff shall be the ceiling rates applicable in the port.
(4) While notifying the tariff under sub-regulation (3), the tariff authority shall also notify the performance standards specified by the Board under sub-regulation (1).
(5) No agent shall charge tariff exceeding the ceiling rates notified by the tariff authority.
(6) One or more Nodal Officer shall be appointed by the Chairman for -
(a) ensuring compliance of the stevedoring and shore handling tariffs by the agents;
(b) examining complaints received on violation of tariff notification or imposition of higher charges than the ceiling rates: and
(c) submitting report to the Traffic Manager or General Manager (Traffic), as the case may be, on the contraventions committed by any agent.
9. Payment of Royalty. - (1) The Board shall, in respect of the licence issued by it, charge a royalty as the licence fee on percentage basis of the ceiling tariff, which will be fixed by the Board from time to time, and no discrimination shall be made in charging such royalty for the same type and quantity of cargo handled by the agents.
(2) Every agent shall be liable to pay royalty in advance, prior to calling of the vessel, on the basis of import general manifest quantity, in case of import, and on the basis of the quantity declared by the vessel?s agent or exporter or export general manifest, in case of export, and the actual royalty payable shall be calculated after completion of the vessel?s operation based on the total quantum of cargo handled by the agent.
(3) The difference in amount of royalty, if any, shall be payable within ten days from the date of completion of vessel and in case of delay in payment of royalty, interest shall be payable as specified in the scale of rates of the port:
(4) The Board may consider the waiver of royalty, in following circumstances, namely:-
(a) relief cargo handled during the natural calamities;
(b) defence cargo handled during the emergencies and war like situations;
(c) if such direction is issued by the Government.
10. Duties and responsibilities of agents - Every agent shall perform the following duties and have the following responsibilities, namely,-
(a) submit to the traffic department of Kolkata Dock System and Haldia Dock Complex, as the case may be, a daily performance report online;
(b) comply with applicable safety norms specified under any law for the time being in force in relation to his activity;
(c) indemnify the Board against all third party claims arising out of his operations;
(d) ensure that the casual workers deployed by him are covered by the insurance policy and other benefits under applicable law;
(e) if any gear, plant, infrastructure or any other property of the Board is damaged in the course of stevedoring and shore handling operations, he shall compensate the Board for such loss or damage, the extent of which shall be decided by the Chairman or his authorised officer after carrying out a proper enquiry and valuation of the property and extent of damage;
(f) ensure compliance with the terms and conditions of the licence;
(g) achieve the performance standards fixed by the Board from time to time;
(h) shall pay all the dues of the port including charges for services availed from the registered cargo handling workers and the interest as specified in the scale of rates:
(i) shall publish the tariff charged by it, which shall not exceed the ceiling rates fixed by tariff authority, and upload the same on its website:
(j) ensure publication of its tariff on the website of the Board;
(k) impart training on a periodical basis in modern methods of cargo handling to the personnel deployed for stevedoring and shore handling activities for improving the productivity, efficiency and safety in stevedoring and shore handling activities;
(l) the agent shall deploy necessary equipment adhering to Statutory Norms and as specified by the Board, and carry out the operations with the gears or equipment owned or hired by him;
(m) the agent shall be solely responsible for accident or damage or loss or claims resulting from or arising out of operations performed by him;
(n) whenever the Board is required to pay compensation to any of its employees or workers or his dependents under the provision of the Workmen?s Compensation Act, 1923 or any other statute as in force at the relevant period, in consequence of any accident arising out of and during the course of work performed by any agent or any of his employee or worker, the agent shall reimburse to the Board the sum so paid for such purpose;
(o) the agent shall communicate promptly any information relating to the stevedoring and shore handling activities undertaken by him or matters related therewith, as and when called for by the authorized representative of the Board;
(p) the agent shall carry out adequate supervision over the workers employed by him in order to ensure maximum productivity consistent with the requirement of safety;
(q) the agent shall ensure that the workers are available at the worksite throughout the shift period except during the recess hours, and render the desired output and take effective steps to improve the performance whenever the output falls below the stipulated norms;
(r) the agent shall ensure ancillary arrangements such as, sweeping, filling, stitching, repairing, vessel?s stenciling, lashing and delashing of cargo, stacking and storage of cargo, required for cargo operation on- board the vessels as well as on shore, as the case may be and ancillary services shall not be separately charged, but shall be included in the stevedoring and shore handling rates notified by the tariff authority.
(s) the agent shall not assign, transfer and in any manner part with any interest or benefit in or under the license to any other person.
11. Duties of Traffic Manager or General Manager (Traffic).- (1) The traffic manager or General Manager (Traffic), as the case may be, shall be responsible for monitoring and ensuring compliance of the terms and conditions of the licence issued to the agents and also of the safety norms to be followed by such agents.
(2) In case of any default in the compliance of the terms and conditions of the licence or in following of the safety norms by any agent, the Traffic Manager or General Manager (Traffic), as the case may be, shall, in the event of first such default, cause a warning to be issued to such agent and in the event of subsequent defaults, submit a report to the Chairman stating details of non-compliance and recommending penal action to be taken against the agent, including cancellation of the licence and forfeiture of security deposit.
12. Deployment of workers of Board, Dock Labour Board, licence holder or other sources - Existing practice of deploying workers of Port and/or Dock Labour Board by agents shall continue. The agent shall deploy the workers of the Port and/or Dock Labour Board in accordance with the law for the time being in force and in case the Port and/or Dock Labour Board is unable to supply the workers as sought for by the agent, the Port and/or Dock Labour Board may allow the agent to make its own arrangement.
13. Suspension and cancellation of licence- (1) The Chairman may review the performance of the agents every month and in case he deems it necessary, he may, by an order in writing, and for reasons to be recorded, suspend or cancel the licence issued by him on any of the following grounds, namely:-
(a) the average performance falls below the performance or productivity norms for consecutive three vessels handled by them;
(b) has been charging tariff higher than the ceiling rates approved by the tariff authority;
(c) has been handling cargo less than the volume as specified in clause (b) of sub-regulation (3) of regulation 7, consecutively for a period of two years:
(d) has been convicted by the Court for an offence involving moral turpitude;
(e) has contravened safety regulations and failed to comply with the mandatory dock safety measures;
(f) has failed to adopt proper and safe handling methods:
(g) has been guilty of misrepresentation or misstatement of material facts:
(h) has been adjudged insolvent or is in liquidation;
(i) has transferred the licence or sub-contracted with any other person for operating the stevedoring and shore handling activities;
(j) has failed to comply with security rules, instructions or International Ship and Port Facility Security Code;
(k) has failed to submit daily performance report;
(l) has indulged in illegal or corrupt practices;
(m) has been guilty of misconduct which in the opinion of the Board, warrants cancellation or suspension of licence;
(n) has any outstanding dues payable to port:
Provided that no such licence shall be cancelled or suspended until the holder of the licence has been given a reasonable opportunity for showing cause why his licence should not be cancelled or suspended on such ground.
14. Appeal - A person, who is aggrieved by the order of refusal to issue of licence under regulation 6 or by the order of refusal to renew licence under regulation 7 or by the order of suspension or cancellation under regulation 13, may prefer an appeal to the Central Government within thirty days of the receipt of the order appealed against.
15. Refund of security deposit - The security deposit is liable to be refunded to the agent, after making adjustments of the claims of the Board, if any, in the following circumstances, namely:-
(a) on the expiry of the period of licence and no application has been made for renewal;
(b) on the refusal of the application for renewal of licence;
(c) on cancellation of licence; and
(d) if the agent desires to foreclose the licence issued to him and makes an application in writing to the Chairman for foreclosure and refund of security deposit.
[F.No. Pt. 11033/73/2013-PT]
KAILASH KUMAR AGGARWAL, Jt. Secy.
1. Name of the applicant :
2. Whether the applicant is a Company registered under the Companies Act, 2013 or a partnership firm or has any other legal entity and Memorandum of Association of the Company , other applicable documentary proof to be attached). :
3. Full Address for communication:
4. Applicant?s PAN No. or TIN No :
5. Contact number of applicant :
6. Name of the person to be contacted and mobile no :
7. E-mail and fax No. of applicant :
8. Period for which licence is required :
9. Name(s) of the Steamship Company or Charterer of Ships or Owner of Cargo, with whom the contract for stevedoring and shore handling operation of their
vessel or cargo subsists or is proposed to be entered. : (Proof of Contract for the period covered is to be
appended. The approximate tonnage for each
party is to be indicated) :
10. Previous experience in the stevedoring activities and shore handling activities: (enclose proof of the cargo and tonnage handled
in the previous three years)
11. whether the applicant has financial ability to meet the obligation on account of wages, compensation
under Workmen?s Compensation Act?1923 etc. : (a certificate from the Bankers as to
the financial ability and Income Tax clearance to be produced)
12. Whether the applicant has or willing to acquire adequate gears or equipment for undertaking stevedoring and/or shore
handling operation of the contracted vessel or cargo as may be specified by expard.
(enclose list of equipment and gears with safety certificate):
13. Whether the applicant has willing to have in his employment, atleast six supervisory personnel with minimum two years of
cargo handling or stowage experience for undertaking stevedoring and shore handling and
conversant with rules, regulations and statutes. :
(A list of the staff with their profiles and work experience is to be furnished.)
14. Whether the applicant has cleared all dues in respect of earlier transactions, if any, with the Board (enclose copies of no dues certificate from the concerned authorities of the Board). :
15. (a) Whether the application fee
and Security Deposit have been deposited; and
(b) In the event of issue of licence, whether the applicant is willing to pay security deposit:
(The receipt for the payment is to be attached. The license fee and the deposit will be refunded if the licence is not issued or renewed)
16. Self-certification (to be attached) : from the Director/CEO/Partner(s)/
Proprietor of the Stevedoring and
Shore Handling firm in letterhead with signature and seal that he/she/they has/have not
been convicted by the Court of any offence involving moral turpitude and sentenced in respect, thereof, to imprisonment for not less than six months, and if so a period of five years has elapsed from the date of expiry of the sentence
17. In case of renewal of licence, enclose safety clearance certificate granted by inspector of dock safety.
If not, enclose duly executed
original indemnity bond as in Form-C.
I/We affirm on behalf of ................. that the particulars submitted above are true to the best of my knowledge, and belief.
I/We agree on behalf of to pay the royalty amount as would be specified by Kolkata Port Trust for undertaking stevedoring and/or Shore handling operations at Kolkata Port Trust and any other charges as per the KoPT Stevedoring and Shore Handling License) Regulations
I/We agree on behalf of to furnish any information/produce any record for inspection as may be required to consider the request for grant of Stevedoring and Shore Handling Licence.
I/We agree on behalf of to abide by the Kolkata Port Trust (Stevedoring and Shore Handling License) Regulations, 2020, as amended from time to time and to comply with the directions given by Kolkata Port Trust from time to time, if the licence is issued/renewed in my/our favour.
I/We, hereby declare that, I/We shall charge the rates for services rendered not exceeding the ceiling rates notified by the tariff authority.
Place :
Date :
Signature of applicant
with office seal
FORM-B
The Board of Trustees for the Port of Kolkata
Licence for undertaking stevedoring and shore handling Operation at KoPT
Issued under Kolkata Port Trust (Stevedoring and Shore Handling License) Regulations, 2020
| Not Transferable |
License No.: |
1. Name of the Licensee...........
2. Address..............
3. Period for which the licence is granted from...........to ............
4. Any other particulars required to be mentioned..................................
.........................
Licensing Authority ---------------
Designation ------------------------
| Date: |
Place ---------------------------------------- |
(SEAL)
This licence is granted subject to the provisions of the Major Port Trust Act 1963 (38 of 1963) and Kolkata Port Trust (Stevedoring and Shore Handling License) Regulations, 2020, as amended from time to time
Every Stevedoring and Shore Handling Agent shall be subject to the duties, obligations and responsibilities imposed by the Kolkata Port Trust (Stevedoring and Shore Handling License) Regultions, 2020, as may be revised from time to time, and more specifically the following:
(a) The Stevedoring and Shore Handling Agent as well as all its staff and workers engaged for undertaking Stevedoring and Shore Handling Operation and work incidental thereto will ensure compliance with the provisions of the Dock Workers (Safety, Health and Welfare) Act, 1986 and the Dock Workers (Safety, Health and Welfare) Regulations, 1990 and notifications issued thereunder, the Industrial Disputes Act. 1947, the Minimum Wages Act? 1948, Payment of Bonus Act, 1965, provisions of EPF, ESI and any other law/statutes relating to such operations or labour and equipment at the time of being in force.
(b) The Stevedoring and Shore Handling Agent shall deploy necessary equipment as will be specified by Kolkata Port Trust and carry out the operations with the gears/equipment owned or hired by them;
(c) The Stevedoring and Shore Handling Agent shall be solely responsible for any accident or damage or loss or claims resulting from or arising out of operations performed by them;
(d) The Stevedoring and Shore Handling Agent shall comply with all accepted safe practices/norms during operations performed by them;
(e) The Stevedoring and Shore Handling Agent shall indemnify the Board against all third party claims arising out of operations performed by them;
(f) Whenever Kolkata Port Trust has to pay compensation to any of its employees or workers or his dependents under the provision of the Workmen's Compensation Act, 1923, in consequence of any accident arising out of, and during the course of, work performed by a Stevedore or Shore Handling Agent or any of its employee/worker, the Stevedoring and Shore Handling Agent shall reimburse the Board any sum so paid for any such purpose. The quantum of compensation as determined under the Workmen's Compensation Act, 1923, shall be taken as binding and conclusive between Kolkata Port Trust and the Stevedoring and Shore Handling Agent;
(g) If any gear or equipment, plant and other property of the Kolkata Port Trust is damaged in the course of any such operation, the Stevedoring and Shore Handling Agent shall compensate Kolkata Port Trust for such loss or damage, the extent of which shall be decided by the Chairman or his authorised Officer after carrying out a proper enquiry and valuation of the property or extent of damage;
(h) The Stevedoring and Shore Handling Agent shall communicate promptly any information relating to the Stevedoring and Shore Handling activities undertaken by them or matters related therewith as and when asked for by the authorised representative of Kolkata Port Trust.
(i) The Stevedoring and Shore Handling Agent shall carry out adequate supervision over the workers employed by him in order to ensure maximum productivity consistent with the requirements of safety;
(j) The Stevedoring and Shore Handling Agent shall provide all the necessary gears/equipment duly tested & certified by the Competent Authority for handling different types of cargo;
(k) The Stevedoring and Shore Handling Agent shall produce the necessary annealing and test certificates for gears /equipment deployed by them for periodic inspection or as and when demanded by the Inspector, Dock Safety or the Traffic Manager/General Manager(Traffic);
(l) The Stevedoring and Shore Handling Agent shall provide the workers necessary Personal Protective Equipment (PPE) and safety appliances, appropriate for the type of cargo;
(m) The Stevedoring and Shore Handling Agent shall ensure that the workers are available at the worksite throughout the shift period, except during the recess hours and render the normal output and shall take effective steps to improve the performance whenever output falls below the stipulated norms. If he is found failing repeatedly on performance suitable penalty will be imposed and will be increased progressively.
(n) The Stevedoring and Shore Handling Agent shall make adequate arrangements for ancillary operations such as sweeping, filling, stitching, repairing, vessel?s stencilling, securing and breaking of cargo, stacking & stowage of cargo, etc required for cargo operation on board the vessels as well as on-shore, as the case may be; These ancillary services shall not be separately charged and shall be inclusive in the Stevedoring and Shore Handling Rates notified by Tariff Authority for major Ports.
(o) The Stevedoring and Shore Handling Agent shall ensure that all dues of Kolkata Port Trust are paid within the specified days failing which the license may be liable to be cancelled under these regulations and licence shall not be considered for renewal if any amount payable to Kolkata Port Trust remains outstanding.
(p) Stevedoring and Shore Handling agents shall remit in advance the royalty to KoPT prior to calling of the vessel, on the basis of IGM quantity in case of Import and in case of export on the basis of the quantity declared by the vessel?s agent or exporter and the actual royalty payable will be calculated after completion of the vessel?s operation based on the total quantum of cargo handled by the Stevedoring and Shore Handling Agent and the difference in amount, if any, shall be payable by the Stevedoring & Shore Handling Agent within 10 days from the date of raising of the bill(s) and in the event of non-payment of the differential amount within the stipulated period interest will be levied on the outstanding dues as specified in the Scale of Rates.
(The discounts and deferments, if any, offered to its principals or amounts if any not collected by such Agent for any reason whatsoever in respect of the Stevedoring and/or shore handling services under these Regulations, shall not be recognised for the purpose of calculation of dues of Kolkata Port Trust on account of royalty.)
q) The Stevedoring and Shore Handling Agent shall undertake to pay to workers engaged by him from Kolkata Port Trust, wages in accordance with the terms of wage settlement arrived at between the Central Government and the Federations of Port and Dock workers from time to time or at the rates fixed by Kolkata Port Trust for the purpose;
r) The Stevedoring and Shore Handling Agent shall not assign, transfer or in any manner part with any interest or benefit in or under the licence to any other person;
s) The Stevedoring and Shore Handling Agent shall comply with all Rules and regulations of Kolkata Port Trust and such instruction as may be issued from time to time by the Traffic Manager/General Manager(Traffic) in the interest of safety, improvement in productivity and labour discipline.
t) Whenever casual workers are deployed, Stevedoring and Shore Handling Agent should ensure that such workers are covered by Insurance Policy.
u) The Stevedoring and Shore Handling Agent shall achieve the performance norms fixed by Kolkata Port Trust.
v) The Stevedoring and Shore Handling Agent shall publish their tariff along with breakup in their websites and in the website of Kolkata Port Trust and the charges leviable shall not exceed the ceiling rates prescribed by Tariff Authority for major ports.
I/We accept this Stevedoring & Shore Handling License issued to me/us on this day the under the terms and conditions stated as above.
| Date: |
Signature: |
| (Office Seal) |
Name & designation |
Address_______________
Contact No.___________________
Witness to the signature:
1.
2.
(To be furnished in Stamp paper as per stamp Act) (Present not less than Rs 500/- stamp paper)
This deed of Indemnity executed by..................................hereinafter referred as Indemnifier which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representative and assignees in favour of Kolkata Port Trust, hereinafter referred to as the Indemnified which expression shall unless repugnant to the context of meaning thereof, include it successors and assignees witnesses us to.
Whereas the indemnified herein has awarded to the Indemnifier herein a Licence for undertaking stevedoring & shore handling operations at Kolkata Port Trust on terms and conditions set out inter-alia in the Licence no.
..................................as well as the Licence valued at Rs. (Rupees ..................................only)
And Whereas, clause of the above mentioned Licence provides for renewal of Stevedoring and Shore Handling Licence Pending submission of Safety Clearance for guarantee to comply with other remaining provisions of the Kolkata Port Trust (Stevedoring and Shore Handling License) Regulations, 2020 for a period of (Calendar months from the date of renewal of Licence)
The indemnifier hereby irrevocably agrees to indemnify the indemnified that in the event of the indemnifier (stevedoring and shore handling agent) fails to undertake stevedoring & shore handling operations with sufficient precaution against any untoward incident or occupational hazards violating extant safety norms of Inspectorate of Dock Safety (IDS) for protecting the life and property of Kolkata Port Trust and of the port user
agencies, the indemnifier shall reimburse to the Kolkata Port Trust the entire amount towards any compensation/claim/damage cost which may be caused by it to any person and /or property of KoPT and to make good KoPT?s claim in resepct of any and all damages so caused by it or its personnel /equipment /gears to any Port property and/or in respect of his obligations emanated from the Licence already referred.
This indemnity shall be in force upto the date of validity of the license.\
Name :
Designation :
| WITNESS |
SURITIES |
||
| 1. |
(Name with address) |
1. |
(Name with address) |
| 2. |
(Name with address) |
2. |
(Name with address) |
1 Vide G.S.R. 370(E), Kolkata Port Trust (Stevedoring and shore handling license) Regulations, 2020, Vol-II S. 3(i), dated 11th June, 2020, published in the Gazetted of India, No. 289