THE COCHIN PORT AND DOCK REGULATIONS, 1975

[1]THE COCHIN PORT AND DOCK REGULATIONS, 1975

PREAMBLE

In Supersession of the notifications, Nos.6-PII (61) /52 dated 14-9-1953, 6-PII (43)/53dated 20-7-1953, 19-P (38)/47-1 dated 22-6-1949, 19-P (38)/47-II dated 22.6-1949, (PH (65)/51 dated 16-6-1953 and G. S. R. No. 1241 dated 13.10.1960 issued by the late Ministry of Transport under sub-section (I) of section 6 of the India Ports Act. 1908 and G. S. R. No. 2518 dated 29-7-1957 issued under section 4 and sub-section (1) of section 29 of the Petroleum Act, 1934 by the Ministry of Works, Housing & Supply, the following regulations made by the Trustees of Cochin Port in exercise of the powers conferred by sub-sections (f) to (o) of section 123 of the Major Port Trusts Act, 1963 (No. 38 of 1963) are hereby published for the information of the public, the same having been previously published twice as required under sub-section (2) of section 124 of the said Act and , having been approved by the Central Government as required by sub section (1) thereof namely:

I. Preliminary

Regulation - 1. Short title.

These regulations may be called the Cochin Port and Dock Regulations, 1975.

Regulation - 2. Definitions.

In these regulations unless the context otherwise requires:-

(1)     "Act" means Major Port Trust Act, 1963.

(2)     "Board" means the Board of Trustees of the Port of Cochin as constituted under the Act:

(3)     "Bulk Oil Vessel" means a vessel licensed to carry petroleum in bulk as cargo:

(4)     "Chairman", "Deputy Chairman", "dock", "vessel", "master", owner and "goods" have the same meanings assigned to them in the Major Port Trusts Act, 1963;

(5)     "Deputy Conservator" means the officer for the time being in charge of the Marine Department and includes the Harbour Master and any other Officer or Officers acting under the authority of the Deputy Conservator;

(6)     "Excluded Petroleum" means the petroleum having its flash point not below ninety-three degree Centigrade.

(7)     "Financial Adviser & Chief Accounts Officer" means the Officer for the time being in charge of the Accounts Department and includes the deputies and assistants to the Financial Adviser and Chief Accounts Officer and any other officer or officers acting under the authority of the Financial Adviser and Chief Accounts Officer;

(8)     "Fish Point" of any petroleum means the lowest temperature at which it yields a vapor which will give a momentary flash when ignited:

(9)     "Fuel Oil" means petroleum having a flash point of not less than sixty-five degree Centigrade;

(10)   "Gas free Certificate" means a certificate granted by an officer appointed by the Central Government in this behalf to the effect that a vessel has been thoroughly cleaned and freed from petroleum and inflammable vapor;

(11)   "Motor Vehicle" means vehicle propelled by mechanical means;

(12)   "Petroleum", means any liquid hydro carbon or mixture of hydro-carbons and any inflammable mixture (liquid, viscous or solid containing any liquid hydrocarbon;

(13)   "Petroleum Class A" means petroleum degree Centigrade; having a flash point below twenty-three degree centigrade;

(14)   "Petroleum Class B" means petroleum having a flash point of twenty three degree Centigrade and above but below sixty-five degree Centigrade;

(15)   "Petroleum Class C" means petroleum having a flash point of sixty-five degree Centigrade and above but below ninety-three degree Centigrade;

(16)   "Petroleum in bulk" means petroleum contained in a receptacle exceeding one thousand liters in capacity;

(17)   "Petroleum vessel" means a vessel carrying more than 2500 liters of petroleum Class A or Petroleum Class B excluding bunkers

(18)   "Port means the major Port of Cochin.

(19)   "Traffic, Manager" Means the officer for the time being in charge of the Traffic Department and includes the deputies and assistants to the Traffic Manager and any other officer or officers acting under authority of the Traffic Manager.

(20)   "Vehicle" means any cart, carriage, lorry, truck or other wheeled contrivance, used for the transportation by road of human beings or of property.

II. General

Regulation - 3. Board not responsible for any act of or default of Port officials.

The Beard shall not be responsible for any act or default of any Port Officer or Deputy Conservator or Harbour Master or of any deputy or assistant of any of the authorities aforesaid, or of any person acting under the control or direction of any such authority, deputy or assistant or for any act or default of any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to the Board which may be used by the vessel.

III. Admission of Vessels into Port

Regulation - 4. Notice of the expected arrival of a vessel.

When a vessel is expected to arrive in the port a notice shall be sent in advance at the earliest possible moment in the prescribed form to the Deputy Conservator of the Port by the master, owner or agent of the vessel expressing also the particular berth, if any, which the vessel would prefer to occupy, the expression of such preference shall not, however, entitle the vessel to any particular berth. Copies of such notice shall also be sent simultaneously to the Traffic Manager and the Harbour Master.

Regulation - 5. Allotment occupation and vacation of berths.

The allotment of berths shall be in the discretion of the Traffic Manager in exercising his discretion, the Traffic Manager shall be guided by the following rules, namely:-

Berthing of vessels should be so arranged that.

(i)       When the agents of a vessel have expressed a preference for any particular berth the Traffic Manager shall, whenever possible, arrange for such a berth and where it is not possible to allot the berth desired, the Traffic Manager shall give due intimation to the agents.

(ii)      Other things being equal the vessel first arriving at the Port limits and reporting to the signal station shall be given priority in the allotment of berths provided her draughts and other nautical considerations permit here to be placed in the moorings.

(iii)     Overriding priority may be given to Government vessels embarking or disembarking troops, or landing or Shipping Government stores, to passenger steamers, or to vessels landing or shipping live-stock.

(iv)    The allotment will be done in such a way as not to cause any loss to the Port, other factors being common.

Note: 1. The priority of the use of a mooring secured to vessel does not however secure her a choice of mooring. Such choice is dependent upon the working arrangements.

Note: 2.

(a)      No vessel berthed within the Port shall draw fires of main boilers or effect repairs as will necessitate more than 12 hours to raise steam without the special permission of the Deputy Conservator of the Port which must be obtained in writing by the master or agents of the vessel; the Deputy Conservator will grant such permission in consultation with the Traffic Manager.

(b)      If a vessel fails to discharge or lead on any one day the quantities specified below except for persons beyond the control of the vessel (for example weather labor troubles) the Traffic Manager may call upon her to vacate her berth within 24 hours of the receipt of notice, and another waiting vessel desires access to the berth, such vessel shall vacate the berth within the time specified in the notice.

(i)       Export vessel must load daily a total quantity equivalent to at least 50 tonnes of general cargo or 100 tonnes of bag cargo, per working hatch.

(ii)      Vessels discharging general cargo must discharge daily a total quantity equivalent to at least 50 tonnes per working hatch.

(iii)     Vessels discharging import bag cargo must discharge daily a total quantity equivalent, to at least 150 tonnes per working hatch;

Explain: For purpose of this sub regulation, the expression "day" shall mean a day of 24 hours from 6 a. m. to 6 a. m. Nothing in this sub-regulation shall be deemed to prevent a vessel having for discharge or intake at the Port lesser quantities of cargo than those specified above from having access to a berth, or from the use of other Port facilities.

Note: 3. Notwithstanding the provisions above mentioned regarding the priorities in the allotment of berths, the Traffic Manager shall have the discretion to arrange the berthing of vessels in any particular manner, if he finds that such arrangement will facilitate the best use of the berths or that such arrangement will serve the general interest of shipping to the best advantage.

Regulation - 6. Preferential allotment of berths in public interests.

Notwithstanding anything contained in the forgoing regulation, the Board may direct that preference be given in the allotment of berth to any vessel or vessels, if in their opinion it is desirable to do so in the public interest.

[2]In exercising these powers, the Board shall be guided by the following, namely:

(1)     These powers, which are overriding in nature, shall be exercised only in case which warrant the Board's direction in public interest.

(2)     Such direction shall be made only when the Board is satisfied that it is necessary to interfere with the decision of the Traffic Manager made in accordance with Regulation 5.

(3)     Government direction issued from time to time regarding preferential allotment of berths to vessels calling with cargo like sugar, edible oil, food grains, defense cargo etc., will have overriding priority.

(4)     Allotment of dedicated berths to particular types of cargo/ship will not be unduly disturbed.

(5)     Priorities in respect of any berth/groups of berths are duly considered before the directions are issued.

(6)     In the normal course preferential berthing shall be done in consultation with the Traffic Manager and Deputy Conservator.

(7)     It will be ensured that no avoidable hardship is caused to the owners or agents of ships calling at the Port.

Regulation - 7. Refusal to allot a berth

If the Traffic Manager or the Deputy Conservator considers that there is good reason for not allotting a berth to a vessel he may refer the question to the Chairman of the Board and pending the Chairman's decision he may refuse to allot a berth and explain the reasons therefore at the meeting of the Berthing Committee and in writing to the Steamer Agents if required after Chairman's decision is obtained.

Regulation - 8.

(a)      Master to be in command of vessels - A vessel shall not be permitted to enter or leave or to be moved from one berth to another unless the master of such a vessel or the Chief Officer holding a Master's Certificate is on board and is in actual command under exceptional circumstances, such as the death or serious illness of the master, special arrangements shall be made with the Deputy Conservator.

(b)      Orders etc., of the Deputy Conservator to be carried out:- Masters and owners of vessels shall obey all directions of the Deputy Conservator in relation to the rotation and manner of approaching the port entrance and of coming into or going out of Port.

Regulation - 9. Berthing of Tankers in ballast at Dry Cargo Wharf Berths.

Tankers in ballast will not be berthed at a dry cargo wharf berth unless a Certificate to the effect that the vessel is free from dangerous vapor issued by the appropriate Inspector of Explosive is produced:

Provided that a vessel used for the carriage of petroleum in bulk which has not carried petroleum of flashpoint below sixty five degree Centigrade since her last gas fee certificate was granted, may be berthed on a certificate issued by the master of the vessel stating that the tanks have been properly cleaned out.

Regulation - 10. Vessels to be under steam or assisted by tugs.

A vessel shall not be permitted to navigate in the Port's channels or entrance unless propelled by her main engines or assisted, when necessary, by an efficient steam or motor tug or tugs. The Deputy Conservator may in the event of insufficient propelling power being provided by the master or owner, or in any case in which he considers it desirable to do so, employ the Board's and any other available tug or tugs for duties in connection with any vessel navigating the channels or entrance or berthing and unberthing; and the master or owner of every such vessel shall pay hire charges for the use of any tug of the Board in accordance with the rates fixed from time to time in this behalf and shall also pay for the use of any other tug engaged at such rate as the owner of the tug usually charges for a similar work.

Regulation - 11. Supply of Lines Hawsers, etc..

A vessel catering the channel and berthing at wharf or stream berth shall have in readiness and supply for use, such steel wire or other hawsers or lines having not less than 40 fathoms length as may be required for each bow and quarter and such other ropes, lines and fenders as may be necessary to facilitate berthing or to protect the vessel from injury whilst hauling into the berth.

Regulation - 12. Vessel to have sufficient number of crew and appliances on board.

Masters owners of vessel shall employ sufficient number of crew, and keep in readiness such as may be necessary appliances on board for working their vessel in and out of the Port channel and in Port. In default or whenever necessary the Deputy Conservator may, at his discretion, employ such number of personnel, and make available such appliances as he may consider necessary at the expenses of the master or the owner.

Regulation - 13. Anchors to be ready.

Vessels when entering, leaving or being moved in the port, shall have both anchors ready for letting, to at a moment's notice.

Regulation - 14. Stowing of Anchors.

Immediately after vessels shall have been moored in their berths and so long as they shall remain in Port, one of their anchors shall be properly stowed, (the other having been let go while berthing) in such a manner that there shall be no projection outside the lines of the vessel's side.

Regulation - 15. Projections from a vessels side.

Vessels when entering, leaving, being moved or lying at alongside berths, shall have their sides free of all projections. Their boats, davits and derricks shall be swung in board. Their yards shall be braced or peaked within the beam and gandway ladders shall be unshipped.

Regulation - 16. Master's etc. responsibility for accidents.

Master and owners of vessels shall be held responsible for all accidents which may in any way result from failure to adopt any of the precautions specified in these regulation.

Regulation - 17. Vessel laying outside the channel to be moved.

A vessel lying at the outer roads near the entrance channel shall be removed by the master or owner if and when required by the Deputy Conservator Such removal should be effected within one hour on receipt of order of the Deputy Conservator. However this time limit may be relaxed by the Deputy Conservator in exceptional cases after recording in writing the reason for doing so. Should such removal not be effected promptly within one hour or such further time limit as allowed by the Deputy Conservator, it shall be carried out under the orders and directions of the Deputy Conservator at the risk and expense of the Master or owner of such vessel.

Regulation - 18. Vessels to be upright while berthing or unberthing.

Vessel shall be upright while berthing at or unberthing from the alongside berths.

Regulation - 19. Masters etc., to place his vessel into her berth.

The berth to be occupied a vessel alongside a wharf shall be decided by the Traffic Manager and the berth to be occupied in stream shall be decided by the Deputy Conservator and the master or owner shall place such vessel in such berth on his own responsibility. A pilot of the Board shall normally be put on all vessels to assist in moving them from channel entrances to their appointed berths and vice versa or from one berth to another berth in Port.

Regulation - 20. Masters etc., to take all precautions on board to safeguard life or property.

(a)      A vessel in Port shall be in the charge of her master of owner and it shall be duty of the master or owner to see that all gangways are securely placed and that, when not in use all hatch ways are properly secured and covered in order to safeguard both life and property and that when in use they are properly illuminated as a safeguard against any person or persons falling in.

(b)      Whenever welding operations are to be conducted on board any vessel in Port the prior permission of the Deputy Conservator shall be obtained by the master, owner or steamer agents. During the operations, it shall be the responsibility of the master or owner to see that all precautions are taken for the prevention of fire by removing all inflammable material from the vicinity, having a fire extinguisher ready and fire house rigged) and that the operations are supervised by a responsible person.

Regulation - 21. Mooring, unmooring and moving vessels in port.

Masters and owners of Vessels and serangs tindals and other persons in charge of launches, barges, cargo boats or other small craft shall obey the directions of and shall offer no obstruction, to the Deputy Conservator or his assistant in regard to the mooring, unmooring or moving of any vessel in Port. Launches, barges, cargo boats or other small crafts, shall not be moored or allowed to lie offside vessels except three in a row alongside each hatch, and the Deputy Conservator shall employ whatever means may be required, which he may consider reasonable, to enforce this regulation. A vessel except launches, barges, cargo boats or other small craft shall not be required to be moved from her berth without previous intimation as to the mode and time of removal having first been given. If it becomes necessary the Deputy Conservator shall employ whatever means may be required, which he may consider reasonable, to enforce his orders, and the expenses so incurred shall without prejudice to any penalty which the master or owner of vessel may be liable be payable by such master or owner. Masters of vessels shall ascertain from the Deputy Conservator the drafts, which their vessels may load.

Regulation - 22. Mooring to be done properly.

Master or owner of vessel lying at alongside berths shall not permit the ropes or hawsers of their vessel to be made fast to any place or places at these berths other than Samson posts, bollards, mooring posts, eleat, ringbolt or other appliances specially provided for the purpose.

Regulation - 23. Vessel to be in charge of competent persons.

During such time a vessel remains in port the master or owner or a responsible Dock Officer not below the rank of 3rd officer shall be in charge of the vessel and sufficient crew shall always to be on board and the officer in charge shall superintended and direct the carrying out of all duties in connection with the vessel or loading or unloading her cargo. In case of such officer in charge of a vessel is not a holder of certificate of competency the master of the vessel shall be responsible for his action.

Regulation - 24. Watchman to be kept on deck.

A vessel in Port shall maintain a quartermaster or watchman always on duty on deck, who shall be stationed in charge of the vessel's shore gangway and who shall attend to mooring ropes and lines of the vessel and shall clause their adjustment from time to time as necessary specially in the case of vessels moored at stream berths when the bow and stem mooring hawsers and ropes shall be attended to and adjusted as necessary at the time when any vessel at an adjacent stream berth is leaving. In default, the master or owner of the vessel shall be liable for any damage resulting from such default.

Regulation - 25. Vessel's propeller not to be worked.

(a)      While a vessel is berthed at any of the alongside or stream berths in Port, her propeller shall not be moved either by power or hand without the previous written permission of the Deputy Conservator and subject to such conditions as he may direct.

(b)      Masters and owners shall be responsible for any damage that may result from the moving of any propeller by power or hand notwithstanding that permission has been obtained under sub-regulation (a).

Regulation - 26. Anchor or other gear dropped to be recovered.

Masters and owners of vessels shall be responsible for the immediate any anchor or gear that may have been dropped over board from their vessel in Port and shall take steps for the removal from the water of any such anchor or gear with all reasonable dispatch.

Regulation - 27. Vessels to be properly ballasted.

Vessels in Port shall be kept so loaded or ballasted that in the event of fire or other emergency arising, they may with safely and without danger be removed from their berths.

Regulation - 28. Repairing vessels.

(1)     A vessel shall not carry out repairs in Port unless a suitable berth is allotted and subject to the condition that the owner , master or any person in charge of a vessel shall not allow the commencement of any repairs, involving the use of naked lights, gas-cutting or welding apparatus, to or in the vicinity of the fuel storage tanks or the fuel system or involving the entry of any person into any fuel storage tank ,of such vessel wherein petroleum may have been deposited unless such owner, master or other person in charge of the vessel has obtained a vapor-fee certificate from the Inspector of Explosives. Such owner, master or other person in charge of such vessel shall indemnify the Board for any loss or damage whatsoever arising directly or indirectly from any breach of this regulation.

(2)     A berth allotted under this regulation shall be vacated to any other suitable wharf or stream berth if available as and when required for a vessel desiring to load or unload cargo.

(3)     When a vessel is under repairs in the port and if in the course of repairs it becomes necessary to open up any of the overside pipes, such pipes shall be rendered safe by being blanked off. If an overside pipe cannot be blanked off and rendered safe then it shall not be opened up. The master or the officer in, charge of the vessel and the owners of the vessel shall be held responsible for any accident that may in any way arise from neglect to take these precautions and for all liabilities that may arise as a result of the accident.

(4)     Repairs to or works on any vessel shall be carried out in such a manner that no chipping, scaling pieces of wood or iron or like loose substances or materials shall be allowed to fall in water, and canvas chutes or staging shall in every instance be erected in order effectively to prevent any such loose materials as aforesaid from so failing. The Traffic Manager or the Deputy Conservator may, if he consider it desirable prohibit chipping or repairs causing excessive noise between the hours of 9:30 p. m. and 6:00 a m.

Regulation - 29. Use of inflammable materials etc. on board vessel.

Pitch, region, tallow or other inflammable materials shall not on any account be melted on board any vessel or on the quays, except in such manner and in such place as shall be appointed by the Deputy Conservator or Traffic Manager nor shall any pitch, tar, oil, flax, oakum, straw, shaving, or other inflammable or combustible article be allowed to remain on the deck of any vessel or on the quays, wharves or roads.

Regulation - 30. Goods etc. not to be allowed to fall.

No cargo, goods, or substances whatsoever shall be thrown or allowed to fall from any vessel quay or pier in the water within the Port limits. In the event of any such cargo, goods or substances being so thrown or allowed to fall as aforesaid, the person, master, owner, or stevedore in whose charge the cargo goods or substance was at the time shall be responsible and held liable for any loss or damage which may arise in consequence.

Regulation - 31. Notice to be given if goods, rubbish etc., fallen in water and recovery of such goods etc.

(1)     Any person or the master or owner of any vessel or any stevedore unloading any vessel who allows any cargo, goods or substance as detailed to fall from any vessel, pier or quay into water within the Port limits shall forthwith give notice of the occurrence and furnish all particulars connected therewith to the Traffic Manager and the Deputy Conservator and shall immediately take, measures to have the said cargo, goods or substances removed from the water.

(2)     In the event of any such person, master or owner of a vessel or stevedore not having removed such cargo, goods or substances aforesaid from the water within eighteen hours of the receipt of notice from the Deputy Conservator calling upon him to do so, the Deputy Conservator may remove such cargo, goods or substance at the expense of such defaulting person, master, owner or stevedore as aforesaid and such expenses shall be recovered from the persons, master, owner or stevedore without prejudice to any penalty to which that person, master, owner or stevedore may be liable.

Regulation - 32. Ashes, rubbish etc.,, not to be deposited on quay etc., without permission.

No person shall, without authority from the Traffic Manager deposit upon any quay or pier, in the shed or in any part of the Board's premises at the wharves or other alongside berths, any ashes, ballast, baskets, bottles, cinders, dirt, dung, dust, refuse, rubbish, shavings, stones or other like loose materials or substances.

Regulation - 33. Prevention of materials falling in water and disposal of ashes etc.

Masters or owners of vessels or stevedores loading or unloading ashes, ballast, bricks, cinders, coal dust, lime, rubbish, shingle, stones, tiles, or any other loose matter things, shall use for such purposes a canvas cloth or wooden chute, to the satisfaction of the Deputy Conservator. Ashes cinders, dust and rubbish shall be landed on the quay in such place as may be directed by the Traffic Manager whence it will be carted away at the expense of the master or owner of the vessel.

Regulation - 34. Bilge water etc. not to be pumped overboard.

No. Ballast, earth, ashes, stones, rubbish, waste materials, filth, oil, ballast water containing oil, bilge water, sewage or refuse any other articles, substance or thing of whatever kind liable to foul or capable of fouling the water, shall be thrown, discharged, placed, put emptied or allowed to leak or flow or to fall from any vessel, quay or pier in the water within Port limits.

Regulation - 35. Clearing of Bilge etc.

Bilge before being cleaned out shall be freely flushed and they, as well as tanks, shall be left open for at least one; hour before any person shall be allowed to enter for cleaning or for any purpose. During this time and while the cleaners or others are at work either in the bilges, tanks, or other confined spaces on board a vessel, a constant supply of fresh air shall be pumped into such bilge, tank or other confined space by means of ventilating fans filled with stout permanently distended hose pipes sufficiently long to reach that most distant compartment Masters and owners of vessels shall be held responsible for any accidents that shall in any way arise from neglect to take these precautions.

Regulation - 36. Projections from deck of a vessel.

Projections from deck of any vessel which interfere with the loading or unloading of any other vessels in Port shall be forthwith removed on requisition by the Traffic Manager.

Regulation - 37. Exhaust, pipes etc.

Exhaust steam or water from winches or other machines engines on board vessels while at alongside berths shall be laid down the side of the vessel below coping by a hose or other effective appliance.

Regulation - 38. Gangway lights.

Between sunset and sunrise at least two lights shall be exhibited at the gangway of every vessel in the Port, the lights being provided one at each end of the said gangway.

Regulation - 39. Fenders.

Fenders which do not float shall not be used over the side of any vessel. Fenders provided by the Board shall not be lifted or removed by masters of vessels or their stevedores.

Regulation - 40. Bells.

Bell shall not be struck to denote the hour on board vessels while lying at any alongside berth.

Regulation - 41. Dangerous animals and fire arms.

Vicious or dangerous animals and loaded gun or loaded fire arms shall not be kept or allowed on board any vessel while lying in port.

Regulation - 42. Vessels with dangerous Cargoes etc.

The Deputy Conservator may order the immediate removal from the Port of any vessel having on board animal manures or other offensive or dangerous cargoes, or any person suffering from an infectious disease.

Regulation - 43. Master etc., of vessels responsible for damage.

Masters and owners of vessels shall be held liable for any damage whatsoever that shall have been caused by their vessel or servants to any of the works or property of the Board and the Board may detain their vessels until compensation claimed by the Board is paid or security has been given for the amount of damage caused.

Regulation - 44. Vessels lie at risk of master etc.

All vessels in the Port shall lie at the risk of their masters or owners, and such masters or owners shall be held responsible for any loss or damage that may arise in consequence of their faulty navigation or by reason of their breaking a drift from their anchors or moorings.

Regulation - 45. Master's etc., responsibility for acts of crew etc.

Masters and owners of vessels shall be held liable and responsible for the acts of the crew and of any person or person that shall be employed about or on board their vessels.

Regulation - 46. Board not liable for delay, etc.

The Board shall not be liable in respect of any detention or delay to vessels, entering, remaining in, or going out of the port or in their progress from one berth to another within the port or for detention or delay in the discharge or loading of cargoes from or into vessels, or for dead freight, delay in the loading and unloading of goods owing to a glut of vessels or goods or other circumstances beyond their control, or of a stoppage in the delivery of goods from any cause whatsoever.

Regulation - 47. Masters of vessels to report, immediately, outbreak of fire, explosion, leak or collision.

(a)      In the event of any fire or explosion occurring board any vessel which is in the Port whether in cargo holds or bunkers or any other place - or if such vessel springs leak or suffers a collision, the master of the vessel shall immediately report the occurrence to the Deputy Conservator by the quickest available means. If this report is made by signal a written or verbal report shall follow as soon as possible in the ease of fire or leak, the master shall make the international code urgent signal by day, and by night the Port signal, signifying her condition, and shall keep the same hoisted until the fire is extinguished or the leak has stopped.

(b)      The Board shall have the right to take such steps as it may consider necessary to extinguish fires in the Port and its premises, whether such fires be ashore or afloat.

(c)      The owner of the vessel in which the fire has occurred or the owner of the goods or articles involved shall pay the hire charges, of all plant and appliances used to extinguish fire.

(d)      Anyone observing a ship's fire shall immediately

(i)       inform the ship's officer who shall be responsible for raising the alarm required under sub-regulation (e)

(ii)      If the ship is alongside a quay, treat the fire as on shore and raise the alarm required under sub-regulation (e) and also inform the ship's officer who at once also raises the alarm required under sub-regulation (e)

(e)      The following methods shall be used for raising an alarm.

(i)       A float by day:- Hoist international flag 'DQ' sound blasts on ship's siren namely, short, short, long, short, continuously until the fire bridge arrives.

(ii)      A float by night:- Sound siren as above, hoist two red lights one above the other six feet apart. When ships are alongside the alarm is to be raised by telephone in addition to above procedure.

(iii)     Ashore by day or night:- Run to the nearest telephone and ring up telephone: No. 666555/101 and on being connected state clearly.

Fire in Ship at...........................................

Fire ashore at.................................................

Regulation - 48. Under water repairs.

No person shall dive in the waters within the port limits (or creep under or sweep them) for anchors, cables and stores or for cargoes lost or supposed to be lost therein or for the purpose of undertaking under - water repairs to vessels, without the prior permission of the Deputy Conservator.

Regulation - 49. The sinking of a boat to be reported by the master of vessels in circumstances.

The master of any vessel in the port, alongside which and cargo or other boat may from any cause be sunk whilst taking in cargo or passengers from or discharging cargo or passengers into such vessel, shall forthwith report the fact of such sinking and the place where it occurred to the Deputy Conservator.

Regulation - 50. The Sinking of any boat in the Port to be reported by the master of the boat.

The master of any cargo or other boat which may from any cause be sunk in the Port shall forthwith report the fact of such sinking and the place where it occurred to the Deputy Conservator.

Regulation - 51. Lighters, boats and other craft to be beached only at places assigned.

No lighters boats, or other craft shall be brought ashore or beached for purpose of repair, except at such places, as may be assigned by the Deputy Conservator for the purpose.

Regulation - 52. Beats and other craft not to make fast to quays, wharves or landing places.

No boats, lighters, or other crafts shall be permitted to lie alongside or make fast to, the quays, wharves or landing place, except when loading or unloading, or for the purpose of taking off or landing passengers or baggage.

Regulation - 53. Tindals and crew to remain in boats.

Tindals and the men composing the crew shall remain in their respective boats, lighters and other craft when alongside the quays, wharves or landing places and shall obey the orders and directions of the Deputy Conservator or the Traffic Manager or both.

Regulation - 54. Boats, lighters and other craft to keep clear of quays and landing places when required to do so.

Any person who, being a tindal or a member of the crew of any boat, lighter or other craft when required to do so by the Deputy Conservator of the Traffic-Manager, fails to keep such boat or other craft clear of quays and landing places shall be liable to penalty.

IV. Regulations in respect of Quays and Sheds, Loading and Unloading of Vessels and Receipts, Delivery and Shipment of Goods

Regulation - 55. Cargo work in the Port under the Traffic Manager.

The loading and unloading of vessels in the Port shall be subjected to the overall control of the Traffic Manager who may at his direction prohibit the discharge of such goods at the alongside berths which in his opinion are likely to obstruct traffic or cause congestion or hinder the convenient use of these alongside berths such goods shall be discharged overside and handled elsewhere as directed by the Traffic Manager. Notwithstanding the provisions of regulation 97 the Traffic Manager may at his discretion also remove to such other places under his jurisdiction as he deems fit (provided such places are within the Customs Area) any goods upon landing at the alongside berths or soon thereafter the storage of which at the berths is likely to obstruct traffic or cause congestion. The apportionment of quay space to be occupied by each vessel shall similarly be determined by the Traffic Manager.

Regulation - 56. Use of cranes.

The allocation of cranes shall be normally in the order of the receipt of the requisition for their use subject to their availability provided that the Traffic Manager may at this discretion order the allocation of the cranes in a manner that will ensure the best use of the cranes in the general interests of ship's work and other deliveries generally.

Regulation - 57. Vessel to be moored before working cargo.

Goods shall not be loaded or unloaded from a vessel in Port until that vessel shall have been moored at her appointed berth.

Regulation - 58. Breaking bulk.

(1)     Before the master, owner or agent of a vessel proceeds to "break bulk" he shall deposit with the Traffic Manager a true copy of the general manifest which will not be returned. The Master, owner or agent of a vessel shall also lodge with the Traffic Manager a true copy of the freight manifest in which must be entered the details appearing in the General Manifest and also the gross weight of each consignment manifested not less than six clear working days before proceeding to break bulk. When any consignment comprises of individual package of uneven weights the gross weight of each package shall be furnished. The Traffic Manager may reduce this period in the case of cargoes loaded into the vessel at the last port of call of the vessel and also in the case of vessels which loaded cargoes at any of the Port in India.

(2)     Non-submission of the manifests referred to in sub-regulations (1) within the stipulated time may result in the vessel concerned not being permitted to break bulk.

(3)     In cases where permission has been granted by the Traffic manager to discharge "other Port cargo meant for sub-sequent transshipment" the formalities specified in sub-regulation (1) shall be observed by the master, owner or agent of the vessel concerned, before commencing discharge of such cargo and the Traffic Manager shall have powers to stop such discharge unless the manifests have been deposited and lodged within the time stipulated in sub-regulation (1).

Regulation - 59. Production of vessel's papers, cargo, details etc..

Masters, owners and agents of vessels if and when called upon by the Traffic Manager shall produce any book, voucher or other document relating to the landing or shipment of their vessel's cargo. In the case of imports of bag goods, a true copy of manifest showing the quantities under owner's marks, of the goods contained in each hatch of the vessel shall be deposited with the Traffic Manager before unloading is commenced. If required to do so by the Traffic Manager, a true copy of the manifest showing similar particulars shall be deposited with in the case of imports of other types of cargo as well.

Regulation - 60. Removal of iron, steel machinery packages, long and unwieldily heavy lifts from the Port.

Notwithstanding the provision of Regulation 55, consignment of iron, steel machinery. Packages, along and unwieldily heavy lifts landed in the Port may be removed by the Traffic Manager at his discretion to any other premises in the possession of the Board at the cost of the consignees, owners or importers and without any previous notice to them if he considers it necessary to do so for the safe and convenient working of the port.

Regulation - 61. Floating timber.

(1)     All floating timber discharged from vessel inside the Port shall be properly rafted and removed. Any floating timber which the importer or his landing agent is unable to transport on the day of discharge shall be properly rafted and secured in such manner and at such places as may be directed by the Deputy Conservator in this regard.

(2)     The master of any vessel discharging timber into the sea at the Port shall cause such timber to be actually lowered into the water and shall not allow it to be thrown overboard.

Regulation - 62. Discharge and shipment of coal.

(1)     The discharge or shipment of coal, in bulk or otherwise from and into ships at the wharf berths, may be effected only with the written permission of the Traffic Manager who may refuse such permission in case where he considers that any loss or damage to property is likely to arise from coal, dust or otherwise, caused by such discharge or shipment.

(2)     Permission accorded to discharge or ship coal, in bulk or otherwise on and from shore, shall be subjected to the importer or shipper or other accredited agent agreeing to reimburse the entire cost of clearing the wharf of the residue.

Regulation - 63. Loading and unloading of cargoes likely to foul wharves.

(a)      Molasses and other goods of a nature likely to foul the wharves or transit sheds or to cause damage to other goods may be discharged from a vessel on to the wharf only with the permission of the Traffic Manager and subject to the owner or consignee of the goods undertaking to pay to the Board the expenses incurred by the Board for cleaning the wharf or transit shed.

(b)      The decanting on the wharves from drums or other receptacles of vegetable, fish or other oils preparatory to their shipment in bulk shall not be permitted. Where shipments in bulk of oils are to be effected, the oils shall be transported in tank wagons or tanker lorries and pumped directly therefrom into the vessel's tanks or where the oil has been transported in tank barges directly from badges into the vessel's tanks.

Regulation - 64. Removal from wharf of any rotten, etc., goods discharged from vessel.

If any vessel shall discharge any goods or substance in such a rotten, putrid, damaged or other conditions as to be a nuisance or injurious or dangerous to health in the opinion of Health Officer of the Port or if any goods or substance discharge from any vessel become rotten, putrid or otherwise as to be a nuisance or injurious or dangerous to health in the opinion of the Health Officer of the Port, the Traffic Manager may require the owner thereof or, if the owner should disclaim, deny or dispute the consignment or decline all responsibility or if there no owner, the master, owner or agent of the vessel from which the goods or substance, had been discharged, forthwith to cause the said goods or substance, to be removed, and if such owner of the consignment or such master, owner or agent of the vessel as the case may be, shall, on being so required, refused or neglect, for the space of eighteen hours after notice, to remove such goods or substance, then such removal may be effected in such manner as the Traffic Manager may think fit and he may, if he thinks it necessary cause the said goods or substance to be destroyed, and the said owner of the consignment or the said master, owner, or agent of the vessel, as the case may be, shall within forty-eight hours after demand in writing pay to the Board all the costs of expenses attending or occasioned by such removal and destruction and of such cleaning, purifying or disinfecting the place of discharge or storage as may be considered desirable, and shall be further liable to the prescribed penalty.

Regulation - 65. Transfer of vessels from their berths.

The Traffic Manager or the Deputy Conservator may direct any vessels to move from any one berth to any other vacant berth for adequate reasons. The master, owner, or agent of the vessel shall be responsible for the cost of removing any cargo not shipped from the old to the new berth, provided that twenty four hours notice to transfer shall have been given. The Board shall not be responsible for any delay which may be caused to a vessel in effecting a transfer under this regulation.

Regulation - 66. Vessel overlapping or double banked.

Vessel occupying quay-side berths shall give such facilities for loading and unloading cargo to and from vessel occupying outside berths as the Traffic Manager may consider reasonable, and the Board shall not be responsible for any delay or demurrage that may occur, by reason of overlapping or double banking of vessel, to the overside loading or unloading of such vessel.

Regulation - [67.

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Regulation - 68

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Regulation - 69. Discharge of a vessel's cargo to be under the supervision of master, etc. or stevedore their liabilities.

(1)     Cargo shall not be discharged, loaded or shifted in any vessel in the Port except under the direction and supervision of the master or owner of the vessel or of a stevedore licensed by the Board to perform such work in the Port.

(2)     The owner or stevedore shall be liable in respect of any loss or damage arising from the careless or improper slinging of goods on board such vessel and shall in every instance observe the following precautions:-

(i)       that the sling is laid out flat without turns or kinks before any goods are loaded therein.

(ii)      That after each sling has been made up and with the first strain on heaving up, the running loops is well beaten home with a wooden bar in order that the grip may be made secure.

Regulation - 70. Masters, etc. and stevedores working cargoes to provide proper lights on board.

Master and owners of vessel and the stevedores working the cargoes of such vessels shall be jointly and severally responsible for the proper provision of lights in till those parts of vessels, where work is being carried on or is in any way connected, directly or indirectly with he use of the Board's cranes, quays, piers or other property. In default they shall, jointly and severally, be liable in respect of any loss or damage to life, lump or property that may result.

Regulation - 71. Making up of slings:- Cranes not to be used vessel's coamings.

Slings of import goods shall be made up directly under the open hatchway of any vessel unloading and in no circumstances, whatsoever, shall be Board's cranes be employed for the purpose of breaking out or removing goods from under the coamings.

Regulation - 72. Used of vessel winches.

(1)     Masters and owners of vessel employing their own cranes or winches for the loading or unloading of goods shall do so at their own risk and responsibility in respect of any loss or damage to goods arising from any cause whatsoever.

(2)     The ship's officers shall ensure that the Port cranes work quite clear of the ships gear:-

Regulation - 73. Heavy lifts.

The Traffic Manager may prohibit the landing from any vessel of any single article or package of over 10 tones in weight, except by the Board's cranes provided for the purpose, should it in his opinion, be necessary or advisable to do so.

Regulation - 74. Discharge of heavy packages.

(a)      Single articles and packages of one metric ton and over in weight shall not be loaded on board any vessel unless the gross weight of each such article or package is marked upon it by the consigners and their agents in the manner set out below,

(1)     Manner of marking of heavy packages:-

(i)       The gross weight on a heavy package shall be marked thereon in English and, as far as possible, in the regional language also with a kind of paint which is not easily effaceable.

(ii)      Where a heavy package is of a light color, black paint shall be used and where the packages is of a dark color transparent or yellow paint shall be used.

(2)     Gross weight to be marked in metric Tons or Kilograms:- 

The gross weight of a heavy package shall be marked there on in metric tons or kilograms.

(3)     Places of marking: - 

The gross weight shall be marked on two sides of a heavy packages so that in whatever position the package is placed the marking is easily visible.

(4)     Size of letters or figures:- 

Every letter or figure used to mark the gross weight of a heavy package shall be at least seven and half cm, in length and one half cm in breadth.

(5)     Manner of packing: -

(i)       The goods in heavy package shall be securely packed is strong covering in such manner that there is no movement of the goods inside the package or any danger of the disintegration of the goods or the covering.

(ii)      The covering shall be of such material and nature as can stand the strain of the package being handled during the course of loading or unloading so that the risk of any injury to persons who handle the package is minimized.

(6)     Marking of approximate weight in certain circumstances:- 

Where at the place from where a heavy package is consigned there are no means available for determining the correct weight of the package, the anticipated minimum and maximum weight of package, in metric-tons, or kilograms, shall be marked thereon in the manner herein before specified.

Provided that such anticipated maximum weight shall be so assessed that it does not fall below the actual weight of the package. (b) Consigner and their agents, the master, officers, owners and agents of vessel and stevedores shall be held liable for any breach of the provisions of this regulations.

Regulation - 75. Discharge of dangerous, hazardous and fragile goods.

Kegs or drums of Oils paints, bricks, earthenware, pipes and similar goods, which require careful handling, and as far as practicable, dangerous or hazardous cargo shall be discharged from a vessel in iron trays and not in wire rope or net slings: the Board shall not be liable or responsible in respect of any loss or damage to such goods arising or resulting from the non-observance of this provision.

Regulation - 76. Use of the Boards and other gear etc..

All gear, iron sheets, slings, tubs and other articles provided by the Board shall, when no longer required, be returned to the Board's store's and shall not be left lying about the quays or roads. Masters and owners of vessels and stevedores shall be charged hiring fees on all such gear, iron sheets slings, tubs and other articles from the date of issue until return to the stores. All gear and other articles not provided by the Board shall be removed from the quays or road within two hours of deposit thereon: in default removal will be effected by the Traffic Manager at the expense of the master or owner of the vessel or stevedore or other persons to whom such gear belong.

Regulation - 77. Supply of labor by the Board for working goods.

(1)     The Board may provide the necessary labor for handling (on shore) import and export goods and goods for transhipment at the alongside berths, but the Board shall not be responsible for loss or damage arising in consequences of sufficient labor being unobtainable owing to strike or riots, to the sudden outbreak of epidemic disease or to any other cause beyond their control.

(2)     The Board may, however, permit owners of cargoes or their agents to undertake the landing or shipment of goods from and on vessel, subject to such conditions as may be prescribed by the Board from time to time.

(3)     Labor shall be supplied under the following conditions-

(i)       Applications shall be made in writing and signed by the master or chief officer or agents of the vessel requiring labor.

(ii)      Applications for labor at night shall be made by 2:30 p.m. for the following day by 3.30 p.m.

(iii)     In case where labor is ordered and supplied but not fully or properly utilized, the Board may call upon the master, Chief Officer or agents to pay the actual cost of labor rendered idle during such time as it shall not have been properly utilized.

(iv)    In case where labor is ordered and supplied but sent away or not required after work shall have commenced at 8 a.m. or 6 p.m. the Board may call upon the master, Chief Officer, or agents to pay the actual cost of labor for the whole day or whole night as the case may be.

(v)      Vessel coming to the alongside berths in the afternoon shall be supplied with labor only if such is available, unless previous orders have given by the Traffic Manager.

Regulation - 78. Storage and shipment of export goods.

(1)     Goods brought into the Port sheds or premises at the wharves for shipment shall remain in the custody of and at the sole risk and responsibility of the owners, shippers or the agents as the case may be; the Board does not assume any custody of or responsibility for such goods. Goods for shipment shall be received in the sheds or in the open spaces at the wharves, only under the orders of the Traffic Manager. They shall be stored at such places as directed by him and shall under no circumstances be allowed to obstruct the traffic at the wharves.

(2)     Owners or their representatives intending to ship goods shall fill in the export application in quadruplicate which shall be in the from set out in Appendix 'A' to these regulations (except the columns in which the shipping fees payable are to be entered) and shall sign the same. Such applications shall show full details of the consignments covered by it including the description and quantity of cargo and the weight or measurement or literage of each consignment, as the case may be, according to the unit on which quay dues and stream dues are assessable on the goods. (The weight or measurement shall be shown in the metric system) Where the dues are assessable on the weight basis the gross (and not the net) weight of the consignment shall be shown. Where the consignment comprises heavy lifts that is to say packages each weighing above 1-5 tones) the gross weight of each such heavy lift and its measurement shall be shown in addition. The Export Application thus filled in and accompanied wherever necessary by invoices or such other documents in support of the weights or measurements declared, shall be presented, at the main office counter when the applications shall be checked, the charges assessed and received and the export application endorsed by the Financial Adviser and Chief Accounts Officer in taken of receipt of the charges due thereunder.

(3)     Goods for shipments shall not be admitted into the Board's transit sheds or premises at the wharves unless the shipper of the goods produce at the shed the triplicate copy of the export application referred to above. These goods shall not be loaded on board any vessel at the wharf berths or into any lighters for shipment by any vessel in the Port, unless-

(a)      the customs export shipping bill with the "let export" order from or the Reshipment application duly passed by the Customs Department has been produced: and

(b)      the shipper of the goods produces the necessary receipt for the other charges that may be due to the Board on the said goods. The Traffic Manager may, however, allow the shipment of goods in special case (where the parties have deposit accounts with the Port) in anticipation of the actual debit being raised towards the aforesaid charges due to the Board, provided the parties concerned guarantee payment of the charges and give it in writing that the charges may be debited to their deposit account/s.

(4)     Subject to the conditions stated in regulation 77 the Board will provide labor for the handling of all such export goods (excluding items which are not handled by the Port and mentioned in the Port's Schedule of Rates) from the place of storage to the slings, or derricks or cranes for shipment by the vessel concerned, but the shippers shall made their own arrangements for keeping an account of cargo so shipped and obtain the necessary mate's receipts therefor.

Regulation - 79. The receiving, storing and stacking of import goods.

The Board may, subject to the conditions stated in Regulation 77 and the reservations enumerated below, undertake the receiving, sorting and stacking off all general import goods unloaded on the quays except such items of cargo as may be determined by the Board from time to time:-

(i)       Iron and steel bars, hoops pipes and similar materials and articles will be stacked according to marks, provided only that such goods shall not be discharged from the vessel in a mixed condition.

(ii)      Sugar, rice and other bag goods will be stored and stacked in the transit sheds only according to the owner's principle marks on the bags.

(iii)     When a vessel carries cashews and other homogenous cargo under several marks for landing at the Port wharves, the master, owner or agent shall discharge the cargoes consignment wise or in not more than two marks in each sling, failing which such master, owner or agent shall be liable to arrange for the sorting of the cargoes in the transit sheds or to defray the cost of such sorting.

(iv)    The Traffic Manager may refuse to receive any goods discharged from a vessel which, for want to description or proper distinguishing marks, he considers would be difficult to deliver to proper owners.

(v)      The Board may refuse to deliver part only of a consignment of iron and steel bars, hopes, pipes or of any similar materials or articles.

Regulation - 80. Responsibility for goods.

(a)      The Board will not take charges of or be responsible for any import goods unless discharged on to the quay side or tendered alongside the quay after being boated from the stream and discharged thence on to the quay.

Provided that no responsibility shall attach to the Board after the expiry of seven clear working days from the date of taking charge of such goods by the Board.

(b)      The responsibly of the Board for the condition or safe custody of goods imported shall not commence until such goods have been received into the Traffic Manager. The Board shall not be answerable or liable for deficiencies of merchandise produced by natural or unavoidable causes not for damage or deficiencies caused to cargo such as motor vehicle castings and other fully fabricated goods arising out of their being unpacked or unprotected. Subject to the provision of regulation 87, the Board will not be answerable or liable for any losses or deficiencies whatever, unless ascertained, pointed out to and acknowledged by the Traffic Manager previous to the removal of the goods, from the premises.

Regulation - 81. Responsibility for import goods.

Import goods unloaded from vessel alongside (except in cases of special arrangements where the landing and delivery of goods in undertaken by the owners of vessels) may be received charge of on the quay by the Traffic Manager who may undertaken their proper stacking either on the quays or in the sheds and may hold such goods for delivery to the proper owner.

Regulation - 82. Damaged etc. goods landed.

Remarks will be passed on all goods landed from any vessel in an apparently broken chafed or damaged condition and for all such goods the Board shall not accept or admit any responsibility or liability whatsoever.

Regulation - 83. Damaged etc., goods landed by night.

The Board shall not be liable in any manner in respect of goods of the undernoted classes if discharged at night. Ship owners and agents desiring to discharge such goods at night shall be deemed to have been permitted to do so entirely at their own risks and responsibility:-

All packages containing bullion spices

Cinematograph film

Clocks and watches

Currency notes

Electroplated ware

Gold and Silver ware

Gold and silver leaf

Gold and silver cloth, lace, thread, braid

Kink on real or imitation

Heavy lifts of over 3 tones

Ivory (elephant's tusks or moye's teeth)

Silk piece-goods.

Stamps and stamped papers.

Statues (bronze and marble)

Unprotected castings

Velvet and velveteen

Wines and spirits

Regulation - 84. Responsibility for amount of goods only received.

The Board shall accept responsibility in respect of import goods only for the number of articles or packages acknowledged and signed for by the Traffic Manager in the receipts granted for such import goods to the master, owner or agents of the vessels.

Regulation - 85. Issue of receipt and remark list.

(A)     The Traffic Manager shall furnish receipts (in the form at Appendix 'B') to masters, owners or steamer agents of vessels in respect of all goods landed at the Willingdon Island wharves of which the Board assumes custody not later than the end of the fourth working day following the date of landing. In respect of goods landed in a damaged or effective condition, receipts (in the form in Appendix 'C') known as "Receipts for import cargo (in respect of) broken or damaged packages will be furnished except in the case of certain types of homogenous cargoes like bagged cargo, where the "remarks" will be shown on the original receipts themselves and a separate "remarks" list will also be furnished.

(B)     Consignments of liquor:- 

Consignments of liquor shall be tallied under marks (in the form set out in Appendix 'D') as in the case of other import cargo with the differences that no remarks will be made regarding the outward condition of the packages.

Note:- The following procedure shall be adopted for the landing and clearance of consignments of liquor:

(i)       Separate lockfasts will be allotted in the transit sheds to the agents of steamer lines on application by them to the Traffic Manager at least a week before the arrival of the steamer giving the approximate area required.

(ii)      At the time of landing from vessels berthed at the wharf (from lighters in the case of boated cargo) the consignments liquor shall be handled by the Port and stroked in the lockfast allotted to the respective steams agents.

(iii)     The lockfast shall be locked by the steamer agents with a lock belonging to them and by the Port with its own lock, and the keys will be retained by the steamer agents and the Port respectively.

(iv)    The goods shall remain in the lockfast in the transit shed under the custody of the steamer agents from the time they are landed clearance and the Port shall not be responsible for damages to or storages in the contents.

(v)      The goods shall be delivered jointly by the Port and the steamer agents under the direct supervision of their representatives after the Port and Customs formalities are undergone and the necessary charges paid in full as in the case of any other import cargo:

(vi)    The consignments of liquor shall not be allowed to be stored any where outside the lockfast except with the written permission of the Traffic Manager which shall be granted only in exceptional circumstances, when there is shortage of lockfast accommodation, provided the steamer agents take full responsibility and indemnify the Port against all loss and claims, and in such a case they will be permitted to post their own watchmen on such occasions.

Regulation - 86. Valuable goods.

Packages containing bullion, specie, precious stones, gold dust, jewellery or other property of considerable value and appearing on the general manifest shall be delivered direct to owners by the masters or owners of vessels under their own responsibility, but only after intimation has been given to the Traffic Manager (through his officers in the shed) for examination and verification of the Customs and other documents. In like manner shippers of the articles enumerated in this regulation shall make similar arrangements for shipment.

Regulation - 87. Responsibility for lost or damaged goods.

(a)      The Board shall not be in any way responsible for the loss, destruction or deterioration of, or damaged to goods, or which it has taken charges unless notices of such loss or damage has been given within sever clear working days from the date of taking charge of such goods by the Board under sub-section (2) of Section 42 of the Act and no responsibility shall also attach to the Board after the expiry of seven clear working days from the day of taking charges of such goods by the Board. The Board shall not also be responsible for the import goods which has been opened for Customs examination and such goods shall lie in the Board's premises at the entire risk of the owner thereof.

(b)      The Board shall not assume any custody of or responsibility for import goods landed at or export goods brought (for shipment) to the Fort Cochin Wharf. They shall remain on the Board's premises in the custody and at the sole risk responsibility of the owners or steamer agents as the case may be.

(c)      The Board shall accept no responsibility whatsoever for loss of or damage to import or tranship goods unless notice of loss or of the damage alleged shall have been received prior to the delivery of transhipment of such goods or the expiry of the period mentioned under sub-regulation (a) whichever is earlier, provided that, in the case of import goods opened for Customs examination. Such notice shall have been received prior to the taking over of such goods for this purpose.

(d)      In respect of consignment of liquor the Board shall accept in responsibility whatsoever, for damages to or shortage in the contents [vide Note under regulation 85 (B)]

Regulation - 88. Delivery of goods, steamer agents delivery order.

The goods landed at the wharf berths and received charge of by the Traffic Manager shall be delivered only on production of a delivery order on the Traffic Manager issued by the steamer agents of the vessel discharging such goods.

Regulation - 89. Delivery of goods - payments of charges.

Owner or their representative applying for delivery of goods shall fill in the import application in quadruplicate which shall be in the form set out in Appendix 'E' (except the column in which the landing fees payable are to be entered) and will sign the same. Such application shall show full details of the consignments covered by, it including the description and quantity of cargo and the weight or measurement/ literage of each consignment, as the case may be, according to the unit of which quay dues and stream dues are assessable on the goods (The weight or measurement shall be shown in the metric system). Where the dues are assessable on the weight basis the gross (and not the net) weight of the consignment shall be shown. Where the consignment comprise heavy lifts (that is to say packages each weighing above 1.5 tones) the gross weight of each such heavy lift and its measurement shall be shown in addition. The import applications this filled in and accompanied by the delivery order issued by the steamer agents and invoices or such other documents in such other documents in support of weights or measurements declared, shall be presented at the main office counter when the application shall be checked, the charges processed and received and the import application endorsed by the Financial Adviser and Chief Accounts Officer in token of receipt of the charges due thereunder. The triplicate copy of the import application thus endorsed accompanied by the delivery order issued by the steamer agents and the duplicate copy of the Customs Import Bill of Entry with the Customs "Out of charge" order shall then be presented at the shed when an officer of the Board will examine the document and being satisfied that they are in order and on being furnished with an acknowledgment for the goods, will granted delivery and authorize the passing of the said goods out of the wharf premises.

Regulation - 90. Detention of goods for freight etc.

Goods landed from a vessel and given into the custody of the Board shall be detained for freight or other charges payable to the owner of the vessel or his agents. Such goods shall be retained either in the warehouses or sheds or other premises of the Board as the case may be at the risk and expense of the owners of the said goods until the lien shall have been discharged.

Regulation - 91. Delivery of goods overside.

In every case where delivery of goods is given over a vessel's side and received into boats or floated in the Port for removal by the party, the master or owner shall himself take such steps as he may think necessary to secure payment of any outstanding amounts that may be due in respect of freight or other charges.

Regulation - 92. Opening of packages by the owners.

Permission granted by the Collector of Customs to owners or their representatives, at their request, to open packages, shall be countersigned by the Traffic Manager.

Regulation - 93. Opening of packages & Restrictions.

No packages shall be opened at the Wharf premises by the importer, exporter or owner for appraisement, examination, or survey without the permission of the Traffic Manager. No workmen shall be employed to open package at the wharf premises for appraisement, examination or survey, unless they are in possession of badges issued by the Traffic Manager under regulation 121.

Regulation - 94. Packages opened at owner's risk.

Goods opened by order of the Customs Department for examination for appraisement, or for survey at the request of the steamer agents or of the owner's of the goods shall lie and remain at the risk of the owner thereof.

Regulation - 95. Delivery of Goods.

Goods loaded into Railway wagons. Lorries, Handi-carts, or such other conveyance in the process of clearance from the wharf premises, but not removed from the wharf, shall lie at the risk of the owner thereof.

Regulation - 96. Removal of goods by parties from wharf etc.

Goods shall not be removed from the quays, roads or sheds unless covered by a Customs Import Bill of Entry of Export Shipping Bill with the Customs "out of charge" order or "pass into town"order respectively and upon production of the relevant receipt given by the Board for landing or Shipping fees and wharfage, and receipt for other charges that may due upon the goods. The Traffic Manager may, however, allow such removed of goods in special cases (where the parties have deposit amounts with the Port) in anticipation of the debit being raised towards these other charges due upon the goods provided, the parties concerned guaranty payment of the charges and give it in writing that the charges may be debited to their deposit account.

Regulation - 97. Removal of Goods.

The Traffic Manager may order the removal of all uncleared goods from the wharf transit sheds or quays to the overflow sheds or other open area inside the wharf premises immediately after the expiry of the free period allowed under the Board's scale of rates and without any previous notice whatsoever to the owner of the goods.

Regulation - 98. Arms and ammunition.

The Master, owner or agent of every vessel entering Port and having on board, as import cargo for discharge packages containing arms and ammunition, shall furnish to the Traffic Manager a complete list of all such packages before the arrival of the vessel in Port. No ammunition except that of safety class including safety fuse for blasting railway fog signal and percussion cap shall be landed at the wharf or stream berths. Packages containing arms and ammunition shall be sealed by the master of the vessel before discharged, and shall under no circumstances be discharged at night. Immediately they are discharged, they shall be delivered direct to the owners who shall make all necessary arrangements, in advance, to take delivery of the packages accordingly. The Board has no liability or responsibility whatsoever, in respect of any such packages discharged from a vessel otherwise than in strict conformity with this regulation.

Note:- Packages containing arms and ammunition, the property of the Central Government or any State Government, will not be required to be sealed before discharge.

Regulation - 99. Entry and berthing of vessels carrying explosives etc.

(1)     Vessels having on board explosives for discharges:- 

Vessels having commercial explosives as detailed in Appendix 'F' on board for discharge shall not ordinarily be permitted to enter the Port.

(2)     Berthing of naval vessels having on board explosives:- 

Naval explosives in combatant warships berthed in the stream berths or alongside wharf berths when stowed below docks in properly fitted magazines and under the supervision laid down in the Naval Magazine and Explosive Regulations, and in the case of warships, to which the Naval Magazine and Explosive Regulations do not apply, subject to the production of a certificate from Flag Officer Commanding, Southern Naval Area, Cochin certifying that the particular warship is an orthodox warship and therefore deemed to have satisfactory regulations for the safe custody of explosives on board, provided there is no handling e.g., embarking or disembarking of explosives ammunition in that ship.

(3)     Dry Docking of Naval vessels having on board explosives:- 

Naval explosives such as filled shells, warheads, bombs, and Q.F. ammunition in magazine fitted with racks stowage in combatant warships berthed in dry dock for short period with full crew on board and subject to Naval Magazine and explosive Regulations, and in the case of warships to which the Naval Magazine and Explosive Regulations do not apply, subject to the production of a certificate from the Flag Officer Commanding Southern Naval Area, Cochin, certifying that the particular warship is an orthodox warship and therefore, deemed to have satisfactory regulations for the safe custody of explosives on board, for the following purpose, provided there is no handling embarking and disembarking of explosive/ammunition in that ship.

(i)       Coating of bottoms and examination of underwater fittings.

(ii)      Effecting repairs which, it is known will not entail work in the vicinity of compartment containing explosive i.e., to shift propellers, repairs to rudders etc.

Regulation - 100. Carbide of Calcium and calcium phosphide.

(i)       (a) The master or owner of a vessel carrying a cargo of carbide of calcium or calcium phosphide shall, on arrival in port immediately give notice to the Deputy Conservator and the Traffic Manager of the nature and quantity of the respective cargoes.

(b) The owner or agent of the consignment of carbide of calcium or calcium phosphide for shipment through the Port shall give at least one week's notice to the Deputy Conservator and the Traffic Manager of the nature and quantity of the respective cargoes together with the name of the vessel (and its expected date of arrival) by which the consignment is to be shipped. Such notice shall be accompanied by a confirmation from the master, owner or agent of the said vessel that the consignment will be taken on board the vessel.

(ii)      The hold of a vessel carrying carbide of calcium and calcium phosphide shall be efficiently ventilated until all carbide or calcium and calcium phosphide has been discharged or until the vessel has left the Port Similarly the hold of a vessel loading carbide of calcium or calcium phosphide shall be efficiently ventilated during the process of loading and until the vessel has left the Port.

(iii)     Carbide of calcium and calcium phosphide shall be brought into Port only in hermetically closed metal drums (the metal should have no copper in its composition) each containing not more than 224 lbs. (102 Kgs.) and of such strength and constructions as not be liable to be broken or to become defective or insecure in conveyance otherwise than by gross negligence or extra ordinary accident and such carbide of calcium shall be packed in receptacles as laid down in Rule 6 of the Carbide of Calcium Rules, 1937. If, however, the carbide of calcium and calcium phosphide is brought in small tins or cans (or suitable make), such tins or cans shall be packed in wooden cases.

(iv)    A drum containing carbide of calcium or calcium phosphide shall not be opened within the limits of the jurisdiction of the Board except in an authorized place of storage.

(v)      Every reasonable precaution shall be taken to prevent the contact of water or moisture with carbide of calcium and calcium phosphide and where such contact may have occurred, to prevent the gas evolved from being ignited; in such cases the orders of the Traffic Manager shall be obtained at once over the telephone or otherwise as to the disposal of the affected packages. Whenever in the opinion of the Traffic Manager it is necessary to dispose of the affected package by submerging in water it shall be done only under the direction of the Deputy Conservator.

(vi)    Every drum containing carbide of calcium or calcium phosphide shall be labelled and the label shall bear in conspicuous characters, the name and address of the owner or his representative as well as the following markings namely.

(a)      'Carbide of calcium' or 'Calcium phosphide' as the case may be;

(b)      Dangerous if not kept dry and

(c)      The contents of this package are liable, if brought into contact with moisture, to give off a highly inflammable gas.

The names and addresses of the consignees or owners shall be marked on drums containing carbide of calcium or calcium phosphide.

(vii)   (a) Vessels carrying consignments of carbide of calcium or calcium phosphide for discharge shall land the same within 48 hours of their being berthed at the wharf berths immediately on their being landed these goods shall be removed out of the wharf premises on delivery or loaded into railway waggon if so required. They shall not be allowed to remain or to be sorted in any part of the Board's premises, except in the calcium carbide shed provided at Ernakulam wharf for the purpose subject to availability of accommodation.

(b) Similarly consignments of carbide of calcium or calcium phosphide for export shall be loaded not earlier that 48 hours before the vessel on which they are loaded leaves the wharf berths.

The consignments for export shall be brought into the Wharf premises only when the vessel is ready to take the cargo. They shall not be allowed to remain or to be stored in any part of the Board's premises except in the calcium carbide shed provided at Ernakulam wharf for the purpose subject to availability of accommodation. In the event, space is not available at the calcium carbide shed, they shall forthwith be put on board the vessel and in order to enable this, owner or agent shall see that he is ready in all respects (with the necessary documents) to effect shipment as the goods are brought in. Note: The Deputy Conservator may relax the period of 48 hours stipulated in special cases subject to such conditions as may be specified by him depending on the merits of each case.

(viii)  No carbide of calcium or calcium phosphide shall be landed or shipped between the hours of sunset and sunrise.

(ix)    A vessel having carbide of calcium or calcium phosphide on board shall, while in Port have on board a competent watchman.

(x)      The owner or agent of a consignment of carbide of calcium or calcium phosphide shall be liable to make good to the Board the amount of any expenses incurred by them in taking precautions to prevent the ignition of gas given off by carbide or by calcium phosphide as also all expenses incurred for meeting and fighting any such ignition of gas. Such owner or agent shall also be liable to make good to the Board the amount of any claims for loss of life or injury caused to persons employed in the work of handling carbide of calcium or calcium phosphide and to compensate the Board for any damage to the property or for any claims against it in respect of damage to the property of other persons arising as a result of ignition of gas given off by such consignments.

(xi)    (a) The landing of carbide of calcium or calcium phosphide shall not be permitted except under the direct supervision of the Safety Inspector or any other person duly authorized by the Board from time to time and on production of a permit granted by the Customs authorities.

(b) Consignments of carbide of calcium or calcium phosphide for shipment shall not be permitted to be taken to the Board's premises except under the direct supervision of the Safety Inspector or any other person duly authorized by the Board from time to time and on production of a permit granted by the Customs authorities.

(xii)   (a) If the officer supervising the landing, observes a receptacle defective or in any way different from those authorized by the instructions contained in sub-regulations (iii) and (vi) he shall on no account allow it to be landed until a written order as to its disposal has been obtained from the Collector of Customs or from an officer of Customs duly authorized by him in his behalf.

(b) If the officer supervising the admission of the consignment into the Board's premises, observes a receptacle defective or in any way different from those authorized by the instruction contained in sub-regulations (iii) and (vi) he shall on no account allow it to be brought into the Boards premises, but shall forthwith bring this to the notice of the Traffic Manager and the Deputy Conservator over the telephone or otherwise and the Deputy Conservator may take such action as is necessary under the circumstances and may recover such expenses for so doing as may have been incurred.

(xiii)  Receptacles containing carbide of calcium or calcium phosphide which do not satisfy the requirements of sub-regulations (iii) and (vi) or which are defective, and which the Collector of Customs requires to be submerged in water of not less than 18 metres in depth under direction of the Deputy Conservator of the Port without any compensation to the consignee.

(xiv)  When the owner of the carbide or calcium phosphide or his agent fails to take reasonable precautions to prevent the ignition of gas given off by carbide of calcium or calcium phosphide as required by sub-regulation (v), the Deputy Conservator of the Port may take such action as is necessary for the safety of other vessel and property in the Port and may recover such expenses for so doing as may have been incurred.

(xv)   Due precautions shall be taken to prevent unauthorized person from having access to the carbide of calcium or calcium phosphide.

(xvi)  In no circumstances shall a naked lamp or other unprotected artificial light be taken near the place of storage of carbide of calcium or calcium phosphide.

(xvii) The hammer and chisel to be used on the Carbide of Calcium or Calcium Phosphide drums shall be of non-ferrous metals.

Regulation - 101. Combustibles etc., on board a vessel.

Combustibles and explosive for signalling purposes only shall be allowed on board any vessel in Port and shall be secured under lock and key in suitable cases or magazines in a safe place set apart for such purpose and no person shall have access thereto unless in the presence of an officer of the vessel whose duty shall be to see such places securely relocked, the key being kept in charge of the master or owner of the vessel.

Regulation - 102. Acids, matches fire work etc.

No packages, containing acids, acquafortis, oil of vitriol, matches, manufactured fireworks, or other goods of a dangerous nature permitted to be brought into the wharf premises, shall be placed on any quay in the wharf premises unless distinctly marked as such on the outside of such package; and no such package shall, under any circumstances, be allowed inside the transit sheds. Packages containing matches, or such manufactured fireworks as defined in Division 2 of Class No.7 Schedule 1 of the Explosive Rules, 1940, as are specified in Appendix "G", if allowed to remain in the wharf premises, must be watched continuously by or at the expense of the owners of the goods or the master or owner of the vessel.

Packages containing safety cartridges including safety fuse for blasting, railway fog signals and percussion caps as defined in the Explosive Rules, 1940 shall immediately on landing be forthwith removed to the hazardous goods shed at the expense of the owners of the goods subject to availability of accommodation.

Packages of acids, acqua fortis, or oil of vitriol shall not normally be discharged from a vessel at night. Any discharge of such cargoes at night will be allowed only under the express orders of the Traffic Manager.

Regulation - 103. Discharge of ethyl fluid (tetra ethyl lead-Ethyl fluid may be landed at the along side berths with the previous consent in writing of the Traffic Manager subject to the following conditions.

(1)     Ethyl fluid imported into the Port shall be packed in specially constructed steel drums of great strength. The drums shall be sealed with an inner and outer bung. Rolling drums shall be fitted as an added precaution for the shell during handling. In addition, drums shall be distinctly marked to show that they contain ethyl fluid.

(2)     Owners or consignees of ethyl fluid shall make previous arrangements with the Collector of Customs and Traffic Manager for the immediate removal from the Board's premises of the entire consignment;

(3)     Ethyl fluid may be landed only:-

(a)      between 8 a.m. and 5 p.m. at such berths as the Traffic Manager may direct, and

(b)      after all disembarking passengers have landed from the vessel:

(4)     No discharge of ethyl fluid shall begin until:-

(i)       The following documents have been presented to the Traffic Manager:

(a)      Delivery order from the steamer agents:

(b)      Duty paid customs Bill of Entry (passed in full out of customs charge);

(c)      Detailed invoices covering the consignment or consignments;

(d)      Import application (triplicate copy) duly passed by the Financial Adviser and Chief Accounts Officer.

(ii)      The necessary road and/or rail vehicles by which delivery is to be effected are in position for the loading of the consignment or consignments therein.

(iii)     The Traffic Manager has satisfied himself that the equipment and material necessary for dealing with any leakage that may occur during or after discharge are available for immediate use, the requisite protective equipment and material as under being supplied by the owner or consignees:-

Two sets of

(a)      Rubber gloves;

(b)      Rubber boots;

(c)      Rubber apron or oilskin suit;

(d)      Respirators;

Note: A suitable respirator is the canister type containing a minimum of 500 cc. of activated charcoal. A British service type respirator is satisfactory. An air-line must may be used, if available.

(5)     When discharge has been permitted every consignment of ethyl fluid shall be inspected on board the vessel by the owner, the consignees or their representatives, competent to do so and an officer deputed by the Traffic Manager. No ethyl fluid drums showing any signs of leakage shall be landed until suitable repaired or placed in a larger receptacle or container offering sufficient protection from leakage.

Note: In the event of leakage, measure set out hereunder in sub-regulation (II) must be taken.

(6)     (a) Discharge of ethyl fluid shall be supervised by a responsible, competent and fully informed representative of the owner or consignees of the consignments having adequate technical knowledge of the commodity.

(b) Labor and personal handling and supervising the handling of drums shall be equipped with heavy gloves of canvas or leather.

(7)     The owners or consignees shall provide labor for handling of drums containing ethyl fluid to be discharged on the quay for their immediate removal therefrom direct to the road or rail vehicle and the subsequent loading of the drums into the said vehicles for immediate removal of the consignment from the Board's premises.

(8)     Ethyl fluid drums shall be handled singly, and discharged singly in wire-net slings by the Board's cranes and removal from the slings by the consignees labor direct to road or rail vehicles placed in position for their immediate delivery.

Note:- Barrel hooks should on no account be used in discharge.

(9)     After any consignment of ethyl fluid has passed over the Board's wharves, jetties, open storage areas or roads, the owner's or consignee's representative shall inspect the places over which the consignment has been carried and shall clean any points where points where leakage has taken place or suspected to have taken place. This inspection and cleaning shall be carried out in the presence of an officer deputed by the Traffic Manager for the purpose and the owner's and the consignee's representative shall thereafter issue a certificate that the Board's premises are free from contamination and fit for general use.

(10)   No ethyl fluid drum shall in any circumstances be stored in any of the Board's transit sheds or warehouse;

(11)   In the event of leakage measures as set out below must be taken

(a)      If ethyl fluid comes into contact with the skin, the part or parts affected should be washed clean at once with solvent such as kerosene, followed by soap and water;

(b)      Clothing that becomes contaminated by ethyl fluid should be removed immediately and cleaned by repeated rinsing in a non-inflammable dry cleaning fluid.

(c)      Shoes and leather covered articles that become contaminated by ethyl fluid should be discarded and destroyed;

(d)      If ethyl fluid can be smelt it is being breathed. Men should be directed away from any places where it can be smelt.

(e)      Men assigned to deal with leakage of ethyl fluid must wear the protective equipment as prescribed in sub regulation (4) (iii)

(f)       The area in which leakages of ethyl fluid has occurred (including the outside of a drum) should be treated as follows:-

(i)       Flush with kerosene or some other light oil solvent followed by water. If the surface permits wash thoroughly with soap working you as much lather as possible and, again fresh with water.

(ii)      If contamination of an absorbent material has taken place such as Wooden flooring, dunnage, or other packing material, then such material must after treatment as above be removed or burnt.

Note:-

(1)     Ethyl fluid is highly colored by means of a dye (usually yellow, red or blue) so that the leakage is immediately discernible. Further more ethyl fluid has a distinctive and rather sweet smell.

(2)     If it is possible to obtain quickly a supply of common bleaching lime (CaO C12) the area should first be treated generously with a mixture of bleaching lime and water in the form of a thin slurry (never use dry powder), alternately a 5 percent solution of sulphury chloride (So2C12) in kerosene may be used.

(12)   Drums containing ethyl fluid for shipment shall be brought to the Willingdon Island wharves only after obtaining the prior permission of the Traffic Manager. They shall not be allowed to remain anywhere on the quay or any other place at the Willingdon Island wharves but should be shipped immediately.

(13)   In the case of ethyl fluid being handled at stream berths and /or override, via lighters, by vessels at alongside berths, advance information in writing shall be given to the Deputy Conservator with copy to the Traffic Manager. The master, owner or agents of the vessel in the case of imports and the shippers in the case of exports shall be responsible for the strict observance of all the above Rules and conditions.

Regulation - 104.

Unpressed cotton, aloefibre, unpressed hemp, cotton fly, oily waste, American cotton etc. Packages of unpressed cotton, known as buffaloes, docras and bundles. American cotton, hemp and jute, except in full pressed bales. Indian, alechen coir and other fibres, flex, waste (clean and oily) and cotton fly except in full passed bales or such other packing as may be specified from time to time by the Traffic Manager, grasses of all kinds, coal -tar, pitch and cinema and camera films except those having a cellulose, acetate or other safety base, exposed or unexposed packed in wooden or light metal cases, and scrap or waste films cellulose, acetate or other safety base, packed to wooden cases or iron or steel drums and other hazardous goods which the Board may from time to time notify in this behalf, shall not be placed on the quays or stored in the transit sheds, but shall forthwith on arrival of the vessel be taken delivery of by the owner of the goods or by the master, owner or agents of the vessel and if any such package is brought into the Board's premises for shipment shall not be placed on any quay. Wharf or road but shall forthwith be shipped. The Traffic Manager, may by arrangement, allow unpressed cotton, and other hazardous goods to be stored on the quays or other open spaces, at the risk and responsibility of the owner and the Board will not be responsible or liable for any damage sustained from rain or from any cause whatsoever. Unpressed cotton and other hazardous goods shall be removed by the owners or shippers, if called upon on six hours notice being given by the Traffic Manager, and if not so removed, the Traffic Manager may remove such goods at the cost of the said owner or shipper. Packages of American cotton cannot be received into any of the transit sheds normally but will be landed on the quay and removed immediately and stored in the Port's Fumigation chambers, for fumigation, at the expense of the owner; provided that the Traffic Manager may at his discretion, for sufficient reasons, allow the storage of these packages in the transit sheds under conditions to be stipulated by him.

Regulation - 105. Gases permanent, dissolved and liquefied under pressure.

Packages consisting of cylinders containing gases, liquids or dissolved acetylene under pressure may be handled on the quays subject to the following conditions:-

(i)       (a) Cylinders containing gases and liquids under pressure shall comply in every respect with the provisions of the Gass Cylinder Rules, 1940 or under such conditions as have been specially permitted by an order in writing by the Chief Inspector of Explosives in India.

(b) Cylinders containing dissolved acetylene shall comply with instructions issued in this behalf.

Note:- Empty dissolved acetylene cylinders normally contain a small amount of acetylene dissolved in acetone and absorbed in porous moss. They shall be treated as full for purposes of this Rule.

(ii)      Discharge of loading at night of cylinders containing gases, permanent, dissolved and liquefied under pressure will not be permitted.

(iii)     When such cylinders are discharged at the Willingdon Island wharves, delivery from ship's side shall be effected by the consigners immediately, failing which the Traffic Manager shall arrange for their immediate removal elsewhere to a safe place and the cost of such removal will be recovered from the consignees;

(iv)    After being landed and until removed from the wharf premises or placed in the hazardous goods shed, these cylinders shall be subsequently protected from the sun's rays by a suitable covering;

(v)      Packages consisting of cylinder containing gases, permanent, dissolved and liquefied under pressure shall be brought for shipment at the Willingdon Island wharves only after obtaining the prior permission of the Traffic Manager. They shall not be allowed to remain anywhere on the quay or any other place at the Willingdon Island wharves, but shall be shipped immediately. For shipment in stream the prior permission of the Deputy Conservator shall be obtained and they may be brought alongside steamers in cargo boats or other non-propelled craft under tow only.

Regulation - 106. Other hazardous goods, poisons etc.

(a)      (i) Goods which are notified from time to time as 'hazardous goods' by the Board, those declared as 'poisons' in the Notification of the Ministry of Home Affairs No. 28/2/58 - P-IV dated the 8th August 1958. (Vide items mentioned in the list at Appendix 'H') and similar notification pertaining by the subject and the commodities mentioned in the United Kingdom Ministry of Transport and Civil Aviation Report entitled "The Carriage of Dangerous Goods and Explosives in Ships" or International Maritime Dangerous Goods Code with the exception of those goods for the landing of shipping of which specific rules have been laid down elsewhere in these regulations, shall be landed or shipped only under a permit issued by the Chairman of the Board or any other officer of the Board duly authorized by him in this behalf, on an application being made, in the case of landing by the agents before the arrival of the vessel, and in the case of shipment, by exporters individually before the goods are brought forward for shipment.

(ii) The goods referred to above shall be carefully packed, marked and labelled in conformity with the direction laid down in the United Kingdom Ministry of Transport and Civil Aviation Report or International Maritime. Danger-ous Goods Code referred to above. The label shall contain the directions for the handling also a warning or caution statement, which are necessary and if complied with, are adequate for the protection of any personnel using or handling it.

Explanation: "Label" means the written, printed, or graphic matter on the immediate or remote container of the goods or wrapper of retain package, if any, of such goods.

(b)      Packages consisting of the goods referred to in sub-regulation (a) shall not be stored at the Willingdon Island wharves except as expressly permitted in writing by the Traffic Manager, such goods, shall not be discharged into lighters except as expressly permitted in writing by the Deputy Conservator and if landed at private jetties, the person or persons responsible for the landing of such goods shall see to it that they are landed, handled and stored with due regard to the nature of the hazard involved and to the provisions of the relevant Acts of Rules in force regarding the handling, storage of such goods.

(c)      The master, owner or agent of vessel carrying hazardous goods in transit, but not for discharge, shall obtain the prior permission of the Deputy Conservator before entering the Port, furnishing all details of such goods and their storage.

V. Petroleum Vessels and Bunkering of Vessels

Regulation - 107.

(a)      Petroleum vessels.

(1)     Hoisting of flag on arrival:- 

The master of every vessel earring Petroleum Class 'A' or Petroleum Class 'B' in bulk or cases as cargo on board shall, on arrival at the Port, hoist flag 'B' of the International Code of Signals at the fore and shall during the day keep such flag flying and during the night exhibit a red light visible all around the compass at the fore where it can best be seen.

(2)     Exhibition of red flag by harbour craft:- 

Every harbour craft carrying petroleum shall exhibit, during the day, a large square red flag in such a position as may be visible all round the compass and during the night a red light visible all round the compass.

(3)     Berthing of vessels:- 

Vessels carrying Petroleum in bulk shall normally be berthed in the special oil berth and shall not be piloted in to the port on the strength of the flood tide or taken out on the strength of the ebb tide:

Provided that in exceptional causes when oil berths are not available, owing to dredging operations or to lack of vacant oil berths, vessels carrying Petroleum in bulk as cargo on board may be berthed in other berths, subject to the previous permission in writing of the Chairman of the Board.

(4)     Precautions to be taken in berthing vessels amongst other shipping etc- No vessel carrying Petroleum in bulk as cargo on board shall be taken amongst other shipping (unless proceeding to an oil berth or to another berth according to the direction of the Deputy Conservator of the Ports or berthed at a berth other than oil berth or allowed to enter the Dry Dock until her master produces a certificate granted by an officer appointed by the Central Government in this behalf that such officer has examined the tanks with the aid of a vapor testing instrument and that the vessel is free from dangerous vapor and is in a fit stage to enter the dock.

(5)     Other precautions:

(i)       No vessel carrying Petroleum class 'A' in bulk shall load or discharge general cargo unless all the tank hatches are effectively closed.

(ii)      No member of the crew of any harbour craft going along side a vessel carrying petroleum shall have in his possess on matches or any other inflammable material.

(iii)     No harbour craft containing Petroleum Class 'A' shall cast off in such manner as may involve risk of collision when other vessels are maneuvering in the vicinity.

(iv)    The master or any other person for the time being in charge of any vessel having Petroleum on board shall take effective measure for preventing the escape of Petroleum from the vessel by leakage or otherwise.

(v)      No vessel shall approach within 60 meters of any vessel discharging dangerous Petroleum in bulk in the Port of Cochin except with the previous permission of the Deputy Conservator obtained in writing and in conformity with any direction that may be issued by him in that behalf. This rule shall not apply to vessels with a pilot on board and maneuvering in tuning basin in Ernakulam channel opposite to oil jetties-

(vi)    The oil barges used for bunkering vessels in the Port shall be seaworthy, manned, equipped and employed in accordance with the Petroleum Rules, 1937 as amended from time to time. Responsible deck and engine room officers of the ship shall supervise the operation and take all necessary safety precautions on board the vessel receiving oil bunkers.

(vii)   Armored hose shall be used to connect the valves on board to the pipeline on shore and all the connections shall be made completely leak proof and mechanically and electrically continuous before the discharge or loading of Petroleum in bulk is commenced.

(viii)  All pipes and other appliances used in the landing and loading of Petroleum in bulk shall be free from leakage.

(ix)    The owner, agent or master of the bulk oil vessel shall take all due precautions for the prevention of accident by fire in landing or loading of petroleum in bulk.

(x)      The owner, agent or master of the bulk oil vessel shall take adequate steps to prevent any person under his control from smoking at or near the place where Petroleum in bulk is being landed or loaded and to prevent any person engaged in such landing or loading from carrying, fuses, matches or any appliances whatsoever for producing ignition.

(xi)    Iron or steel hammers or other instruments capable of causing a spark shall not be used for the purpose of opening or closing the hatches or tank lids of a Petroleum ship, or shall be chipping of iron rust or paint be carried on in the vicinity.

(xii)   During the time any bulk vessel is in the Port, a responsible officer and engineer of the vessel must always be on board, night and day to carry out and give effect to the provisions of these rules. In the absence of the master, the senior deck officer on board shall be the responsible officer. When loading or discharging is proceeding or about to be started it is absolutely essential that the master or chief officer and either the chief or the second engineer must be on board and see that every necessary precaution is taken for the safety of the vessel and her cargo and during all such time the engines, boilers and machinery shall be maintained in working order so that the vessel may be moved as soon as steam can be raised, if so required by the Deputy Conservator of the Port.

(xiii)  Throughout the period that Petroleum is being landed or loaded the pipelines and other fitments on the oil jetty shall be under constant supervision of a responsible officer of the Port fire services, in addition to the fire float standing by the tanker.

(xiv)  When the landing or loading of Petroleum has been commenced such landing or loading shall be proceeded with, due diligence, and if it is discontinued, the tanks and holds of the Petroleum ship shall immediately be closed.

(xv)   Admission to the enclosure (on Ernakulam for-shore) within which the exchange pit and the like are situated and to the Ernakulam oil jetties shall if the Chairman of the Board so directs, be regulated by means of premises which shall, on application, be issued by and officer authorized by him in this behalf, to such of the public as have business to transact within the above premises in some wise connected with the purposes services or work of the Port.

Persons carrying fuses, matches or any appliances whatsoever for producing ignitions shall not be permitted to enter the premises mentioned in the above sub-regulation.

(b)      Bulk oil vessel discharging and loading dangerous petroleum at the Port of Cochin.

(1)     Notice to Deputy Conservator-

Before any Petroleum Class 'A' is landed or loaded, the owner, agent or master of the bulk oil vessel shall give due notice to the Deputy Conservator.

(2)     Place of loading or discharging- 

Petroleum Class 'A' in bulk shall be loaded or discharged at the Ernakulam oil jetties only except under special circumstances as provided in sub-regulation (a) (3)

(3)     Ventilation of holds etc.

Before any Petroleum Class 'A' contained in casks, barrels or other containers is landed, the holds of a bulk oil vessel having on board such containers shall be thoroughly ventilated, and after all Petroleum Class 'A' has been removed from any bulk oil vessel the holds and tanks shall be rendered free from inflammable vapor.

(4)     Discharge of Petroleum -

(i)       Petroleum Class 'A' may be discharged day or night subject to the provision of sub-regulation (b) (6) but such discharge must commence before sunset; and should anything occur during such discharge after sunset to necessitate a repair to the plant pipes or connection such discharges shall be discontinued until after sunrise - Provided that tank ships have been connected to shore pipe lines, and they have commenced discharge of Petroleum Class 'B' in bulk or flushed the pipelines by pumping water before sunset they may thereafter commence discharge of Petroleum Class 'A' in bulk even through discharge of petroleum Class 'A' is actually commenced after sunset.

(ii)      Bulk oil vessel; which confirm to the requirements of Appendix "I" shall be permitted to discharge Petroleum by steam from their own boilers or by internal combustion engines placed in a position remote from cargo holds and pump rooms.

(iii)     In bulk oil vessel which conform to the requirements of Appendix "I" and whose cargo pump is driven by electric motor, the electric motor shall be or approved design and its connection shall be isolated from the cargo pump by a gas-tight bulk-head of sufficient height to preclude the possibility of inflammable vapor entering the motor compartment. A gas-tight gland shall be fitted where the driving shaft passes through the bulk head.

(5)     Precautions while raising steam on board- 

In the event of its being necessary to interrupt pumping in order to raise steam on board, the oil pipes in the vicinity of the vessels shall be flushed with water and the valve on pier head shall be closed before the boiler fires are lighted.

(6)     Restriction on use of electric power:- 

The use of electric power while loading or discharging Petroleum Class 'A' is not permitted unless the vessel's electrical installations complies with Lloys' or other approved society's requirements for electric fitting for ships carrying oil having a flashing point less than 65øC.

(7)     By-pass valve- 

Every vessel discharging Petroleum Class 'A' shall be fitted with a by-pass valve on the discharge side of the pump having a connection back to the ships tanks.

(8)     Use of fire or light- 

From the time when the holds or tanks of a bulk oil vessel are first opened for the purpose of loading or landing Petroleum Class 'A' until such time as all Petroleum Class 'A' shall have been loaded into or removed from such holds or tanks and the holds or tanks shall have been securely closed down, and in the case of landing, rendered free from inflammable vapor as required by this regulations, there shall be no fire or artificial light on board such ships or at or near the place where the Petroleum Class 'A' is being loaded or landed.

Provided that his sub-regulation shall not prohibit boiler fires in the case of vessels confirming to the requirements of Appendix "I".

Provided also that this sub-regulation shall not prevent the use of lamps, heaters, cookers or other similar type of safe apparatus, electric or otherwise, so designed, constructed and maintained as to be incapable of igniting inflammable vapor.

(9)     Prohibition of smoking etc. - 

The owner, agent or master, of the bulk oil vessels shall take adequate steps to prevent any person under his control from smoking at or near the place where petroleum Class 'A' is being landed or loaded and to prevent any person engaged in such landing or loading from carrying fuses, matches or any appliances whatsoever for producing ignition.

(10)   Precautions while loading and discharging-

(i)       Armored hose shall be used to connect the valves on board to the pipeline on shore and all the connections shall be made completely leak proof mechanically and electrically continuous before the discharge or loading of Petroleum in bulk is commenced.

(ii)      All pipes and other appliances used in the landing and loading of Petroleum Class 'A' in bulk shall be free from leakage.

(iii)     When a ship has finished discharging or loading Petroleum other than Petroleum Class 'C', the pipelines shall be immediately emptied of Petroleum by pumping water through the line.

(iv)    The Chief inspector of Explosives may by written order grant exemption in any particular case from the provisions of sub-regulation 10 (i) and (ii), if he is satisfied with any other means other than armored hose systems which will ensure leak proof continuity mechanically and electrically.

(11)   Loading or landing to be done diligently:- 

When the landing or loading of petroleum Class 'A' has been commenced, such landing or loading shall be proceeded with, due diligence and if it is discontinued, the tanks and holds of the Petroleum ship shall immediately be closed.

(12)   Precaution of escape of petroleum:- 

No Petroleum Class 'A' shall be discharged or allowed to escape into the waters of the Port.

(13)   Precautions against fire:-

(i)       The owner, agent or master of a bulk oil vessel shall take all due precautions for the prevention of accident by fire in landing or loading petroleum Class 'A'.

(ii)      Iron or steel hammers or other instruments capable of causing a spark shall not be used for the purpose of opening or closing the hatches or tank lids of a petroleum ship nor shall be chipping of iron rust or paint be carried on in the vicinity.

(iii)     Fires and lights other than electric filament lamps or self:- contained electric lamps, heaters cookers or other similar type of safe apparatus, so designed, constructed and maintained as to be incapable of igniting inflammable vapor shall not be used upon the quay upon which Petroleum Class 'A' is being landed or loaded or upon which Petroleum Class 'A' is lying.

(iv)    Throughout the period that Petroleum Class 'A' in bulk is being landed or loaded the pipelines and other fitments on the oil jetty shall be under constant supervision of a responsible officer of the Port fire services, in addition to the fire float standing by the tanker.

(14)   Distance between Petroleum vessels:- 

Two or more Petroleum ships shall not, except for purpose of transhipment, lie within 30 metres of one another unless in the opinion of the Deputy Conservator of the Port it is impracticable to maintain such distance.

(15)   Responsible officer to be on board:- 

During the time any bulk vessel is in the Port, a responsible officer and engineer of the vessel must always be on board, night and day, to carry out and give effect to the provisions of this regulation. In the absence of the master, the senior deck officer on board shall be the responsible officer. When loading or discharging is proceeding or about to be started, it is absolutely essential that the master or chief officer and either the chief or the second engineer must be on board and see that every necessary precaution is taken for the safety of the vessel and her cargo and during all such time the engines, boilers and machinery shall be maintained in working order so that the vessel may be moved as soon as steam can be raised, if so required by the Deputy Conservator of the Port.

(16)   Other precautions:-

(i)       Every vessel having Petroleum other than fuel oil on board as cargo, whilst moored in the Port, shall keep the end of a wire having an eye, laid out to the water's edge at the bow and shore to enable a tug to take hold in case of emergency.

(ii)      Every vessel having Petroleum other than fuel oil on board as cargo when discharging or loading or while-hatches are open shall have her all fire hoses connected and all fire extinguishing appliances ready for immediate use, and if the Petroleum being loaded or discharged or stowed in the holds is Petroleum Class 'A' all awning shall be furled.

(17)   (i) Admission to enclosed oil jetties:- 

Admission to the enclosures (on Ernakulam foreshore) within which the exchange pit and the like are situated and to the Ernakulam oil jetties shall, if the Chairman of the Board so directs, be regulated by means of permits which shall on application, be issued by an officer authorized by him in this behalf, to such of the public as have business to transact within the above premises in some wise connected with the purposes, services or works of the Port.

(ii) Persons carrying fuses, matches or any appliances whatsoever for producing ignitions shall not be permitted to enter the premises mentioned in sub-regulation 17 (1).

(c)      Packed Petroleum and its products:-

(1)     Landing of packed Petroleum:- 

Packed Petroleum and its products shall be landed at jetties provided for the purpose or in barges or lighters, and only at such places as the Deputy Conservator of the Port may direct. A list of Petroleum Class 'A' and its products and other inflammable liquids flashing below 23øC is given in Appendix "j". This is, however, for guidance only and is not exhaustive. Any other commodity which (by virtue of its composition and property) is capable of being classified under the categories of dangerous Petroleum and its products or other inflammable liquids flashing below 23øC shall be dealt with according to the sub regulations set down herein.

(2)     Notice before discharge of consignment:- 

Steamer agents of vessels having packed Petroleum and its products for discharge at the Port shall advise in writing the Deputy Conservator of the Port and the Traffic Manager of the Port at least a week in advance of the vessel's expected date of arrival. Similar notices should be given both by the shippers and the steamer agents in the case of consignment for shipment.

(3)     Other restrictions on landing and shipment of packed Petroleum and its products. Not more than five thousand liters of Petroleum Class 'A' and thirty thousand liters of Petroleum Class 'B' and its products shall be landed or shipped at the wharf by any one particular vessel.

(i)       All packed Petroleum landed shall, as far possible, be immediately removed by the importer as landed, outside the wharf premises and in order to enable this, the importer shall see that he is ready in ail respect (with the necessary documents, conveyances) to effect delivery of the goods, before the landing is commenced, provided that the Traffic Manager, may at his discretion, allow the landing of packed Petroleum, even though the importer is not ready to clear the goods when there is sufficient accommodation available in the Board's Petroleum shed for the storage of the goods landed and in such cases the goods shall be transported and stored in the Petroleum shed as landed with all due precaution.

(ii)      No packed Petroleum shall be brought into the wharf premises for shipment unless the exporter shall have first produced a certificate from the vessel on which it is to be loaded, indicating readiness to receive the same; and all packed Petroleum brought into the wharf premises shall forthwith be put on board the vessel on which it is to be loaded and in order to enable this, the exporter shall see that he is ready in all respects (with the necessary documents etc.) to effect shipment, as the goods are brought in.

(4)     Permission prior to landing or shipment of Petroleum and its products;- No imported petroleum or its products shall be landed except with the permission of the Deputy Conservator of the Port and the Collector of Customs. Similarly, no Petroleum or its products shall be shipped by vessels or loaded into lighters for shipment without the prior permission of the Deputy Conservator. The specific written permission of the Traffic Manager should also be obtained before packed petroleum and its products are discharged at or brought for shipment to the Willingdon Island wharves.

(5)     Petroleum rules to be complied with:- Petroleum and its products shall be contained in receptacles complying with the provisions of rules 27 or 28 of the Petroleum Rules, 1937 as the case may be.

(6)     Receptacles to be free from leakage etc.:- No Petroleum or Petroleum product contained in casks, drums, or other receptacles shall be landed or shipped unless such receptacles are free from leakage and are of such strength and construction as not to be liable to be broken or to leak except in case of gross carelessness or extraordinary accident. The steamer agents in the case of import and the shippers in the case of exports should furnish a certificate to the effect that the receptacles comply with the above rules.

(7)     Time of loading and discharging:- Vessels shall not normally load or discharge packed Petroleum and its products except between the hours of sunrise and sunset. In exceptional case, discharging or loading may be permitted with the prior written permission of the Deputy Conservator or Traffic Manager, as the case may be, under the conditions laid down in the said permission.

(8)     Precautions :-

(i)       Special arrangements to maintain a thoroughly efficient watch and ward shall be made by the ship and all necessary precautions against fire or smoking shall be strictly observed whilst the vessel is at the wharf berth. Similar arrangements shall be made on shore as well. Every care shall be taken to safeguard the ships at the adjoining berths. A clearance of at least 15 meters should be maintained between the vessel handling petroleum and its products and the vessels at the adjoining berths unless in the opinion of the Deputy Conservator of the Port, it is impracticable to maintain such distance in which case the clearance may be reduced to not less that 7.5 meters.

(ii)      An officer serving on board the vessel who holds a certificate of competency, not lower than that of second mate, should be on duty at the hatch from which any Petroleum and its products are being discharged or into which they are being shipped, until the discharge or shipments is completed. On shore, the operations should be conducted under the immediate supervision of an officer of the port not lower in rank than an Assistant Wharf Superintendent.

(iii)     No fire, naked light of any description, and no smoking shall be allowed within 15 meters of the vessel handling Petroleum or its products.

(iv)    No inflammable cargo other than packed Petroleum or other Petroleum products shall be landed or shipped at the same time.

(v)      No person engaged in handling or loading Petroleum or its products shall carry fuses, matches or any other appliances for producing ignition or explosion.

(vi)    Buckets containing dry sand shall be placed convenient points; the fire pumps with foam connection shall stand by on either side of the vessel handling Petroleum and its products.

(vii)   The master, owner or agent of the vessel and or the importer or exporter, as the case may be, shall, in every case provided that a cooper and solder are in attendance throughout the time while any packed Petroleum is being landed or shipped at the Willingdon Island wharves.

(9)     Leaky receptacles:- 

The steamer agents and the shippers shall see that the receptacles are carefully examined, and no leaky receptacles are landed or shipped. In the case or imports, any leaky receptacles found shall be kept a side on board and shall not be landed along with sound ones. After the sound receptacles are completely landed are either removed to the Petroleum shed or cleared from the wharf premises, the contents of the leaky receptacle shall be transferred into sound containers in lighters on the offside of the vessel, under the supervision of the Preventive Officer on duty on board the discharging vessel. The steamer agents shall have to do this at their own risk and expense. These receptacles shall then and only then, be landed and transported carefully to the Petroleum shed or cleared from the wharf premises, as the case may be. In the case of cargo for shipment, it should be brought into the wharf premises, only if the receptacles comply, with sub-regulations (5) and (6) and are in sound conditions. The contents of any leaky receptacles should be transferred into sound container outside the wharf premises to the satisfaction of the Assistant Wharf Superintendent on duty before it is taken into the wharf premises.

(10)   Approval by Deputy Conservator:- 

In respect of discharge or shipment of packed Petroleum and its products, by means of cargo lighters, the boat and their equipment must be approved by the Deputy Conservator and his written permission to conduct such operations must be obtained in advance of the vessel's expected date of arrival. When harbour craft are used for the landing or shipment of Petroleum Class 'B' the quantity of such Petroleum afloat in harbour craft at any time should in no case exceed eighty thousand liters and not more than twelve harbour craft of which not more than six shall be wooden harbour craft should be used for the purpose at the same time. In the case of Petroleum Class 'A' the limit afloat in harbour craft is restricted to thirty thousand liters.

(11)   Other requirements:-

(i)       All harbour craft and sailing vessels carrying packed Petroleum and its products, shall proceed only under tow within the Port limits. Landing and shipping operations shall be conducted without delay. Harbour craft containing such Petroleum are not permitted to idle alongside any vessels.

(ii)      The requirements of sub-regulations (8) and (9) shall also be complied with in respect of vessels handling dangerous Petroleum overside in the stream.

(iii)     During the loading or discharge of packed Petroleum and its products at any hatch, on other cargo shall be handled at the hatch.

(iv)    Not more than twelve thousand liters of packed Petroleum may be shipped into or landed from sailing vessel transhipped from another vessel into a sailing vessel.

(v)      General cargo and Petroleum Class 'A' may be loaded into or discharged from, any vessel simultaneously, provided that they are contained in separated holds; but when Petroleum Class 'A' is being loaded into or discharged from a vessel no other cargo should be loaded into or discharged from such vessel.

(vi)    No Petroleum Class 'A' shall be in actual transit in the harbour between sunset and sunrise otherwise than in railway wagons, that is such Petroleum should not be handled in any way at night nor lie afloat in harbour craft in the Port, at night.

(vii)   The Port's foam generator shall always be in position at the point of landing of any Petroleum Class 'A' before the landing commences and while it is in progress.

(viii)  No harbour craft containing Petroleum Class 'A' shall be in transit in deep channels used by seagoing vessels either in Ernakulam Channel anywhere near a vessel entering or leaving the Port or shifting from one berth to another inside the Port.

(ix)    While handling of Petroleum Class 'A' is in progress, no cooking fires, smoking or lights of any descriptions other than electric lights complying with Rules 105 of the Petroleum Rules 1937 shall be allowed anywhere on board the vessel.

(x)      Leaky receptacles containing Petroleum shall not be discharged from a vessel into a harbour craft containing sound receptacles.

(xi)    Where harbour crafts are used, not more than ten thousand liters of dangerous Petroleum shall be loaded into any one harbour craft.

(xii)   Petroleum Class 'A' imported shall not be put into a harbour craft without the prior consent of the Deputy Conservator. In order therefore, to avoid possible delay to vessels carrying Petroleum Class 'A', the agents of such vessels shall make early arrangements with the Deputy Conservator for the disposed of their cargo of Petroleum Class 'A'.

(xiii)  Petroleum Class 'A' intended for shipment shall not be put into harbour craft without the permission of the Deputy Conservator of the Port and until the vessel by which such Petroleum is intended to be shipped is ready to receive it.

(12)   Prevention of escape of petroleum:- 

(a)      All due precautions shall be taken at all times to prevent any escape of Petroleum during transport especially into any drain, sewer, harbour, river or water course.

(b)      Master etc. of Petroleum vessel responsible for damage:- 

The master, owner and agent of a Petroleum vessel shall be liable for any damage whatsoever caused to cargo or property belonging to the Board.

(c)      Heavy Petroleum:- 

Notwithstading anything contained in the proceeding regulations, if the master or agents of a ship produces a certificate that any Petroleum on board is heavy Petroleum it may be discharged in the same manner as ordinary cargo.

Provided that the sampling officer may at any time require a sample of any of the Petroleum to be delivered to him with a view of having it tested.

Regulation - 108. Bunkering of vessel with liquid fuel

Bunkering of vessel with liquid fuel at the quays by means of the service pipe lines or at any of the berths in Port by tank barges, may be permitted, provided that the following conditions are fulfilled:-

(a)      During all such times as any vessel is receiving liquid fuel into her bunkers, the master or first mate of such vessel shall be present on board and it shall be incumbent upon him to see that these regulations are complied with and that all responsible precautions for safety are observed.

(b)      A ship's officer shall be on watch and an attendant of the oil company supplying the liquid fuel for bunkers shall be stationed alongside the flexible connecting pipe while bunkering is in progress.

(c)      Suppliers of liquid fuel shall be responsible for seeing that all flexible pipes used for bunkering vessel are tested to a pressure of 7 kgs/Cm2 before operations commence and that all joints are oil-tight.

(d)      Suppliers of liquid fuel for bunkers shall be liable for any damage what soever caused to cargo or property belonging to the Port, by any leakage of fuel oil or other causes.

The masters and owners or the agents of the vessel receiving such fuel shall also be liable for any such damage if caused by negligence or defect or failure of apparatus or appliances belonging to the vessel.

(e)      No cargo other than goods, unaffected by oil, shall be allowed on the wharf within 15 meters of the oil stand pipes and shed doors immediately behind them shall be kept closed while bunkering is in progress.

(f)       Before bunkering commences through the service pipe lines on the quays the attendant shall see that the telephone connections to the oil company's depot is in working order.

(g)      An attendant shall be on duty at the pump throughout the time of bunkering.

(h)     At least two hour's notice in writing shall be given to the Deputy Conservator before bunkering is commenced.

(i)       No bunkering shall be commenced unless the Port Fire Officer is satisfied that all necessary precautions have been taken.

(j)       No smoking, cooking, naked lights or forges shall be allowed on the vessel's deeks while bunkering is in progress.

(k)      A suitable gutter or other contrivance shall be placed under the connecting service pipe to prevent any oil from dropping on the wharf or into the water.

IV. MISCELLANEOUS

Regulation - 109. Quays etc., to be under the authority of the Traffic Manager.

The quays, sheds, gates and the land within the wharf premises shall be in the charge of the Traffic Manager who shall direct and manage all operations connected with the landing and shipping of goods, and with their storage in the sheds and in the open. He shall have proper custody of all goods lying in the wharf premises whose custody the Board assumes and take whatever steps he may consider necessary for the proper maintenance of order.

Regulation - 110. Public excluded from the Port premises except on business.

Admission to the Board's premises at the Willingdon Island wharves. Fort Cochin wharf and the oil tanker berth jetty and such other areas as the Board may direct from time to time in this behalf shall be regulated by means of permits, passes, badges herein after generally called ("permits") which shall on applications, issued by or an authority of the Chairman, to such of the public as have business to transact within the premises connected with the purpose, services or work of the Port , provided that Customs Officers on duty will be allowed inside these premises on the strength of photo identity cards issued to them by the Customs Department

Provided further that, while on duty stevedore harbour registered with the Cochin Dock Labor Board may be allowed to pass through the Board's premises at the willingdon Island wharves forgoing on board ships warking at these wharves on the strength of photo identity cards issued to them by the Cochin Dock Labor Board.

Regulation - 111. Trespass.

(1)     Any person found in the Board's premises referred to in regulation 110 without being in possession of a permit or photo identity cards as stated in the said regulation shall be deemed to be a trespasser and liable for prosecution. The possession of the permit entitles the holder to obtain admission to and remain in the harbour premises for purposes of transacting the particular business; and any person loitering elsewhere than the place where the business is transacted shall be deemed to be a trespasser although he may be in possession of such a permit.

(2)     If any person is found trespassing without lawful excuse in the Board's premises referred to above or found to be misusing the permits in any way he shall, without prejudice to any penalty to which he may be liable, also be liable to cancellation of such permits.

(3)     But when any definite part of the port premises shall, from time to time have been thrown open by the Board without restriction, for the public the presence therein of persons not having Port business to transact shall not be deemed to be trespass.

Regulation - 112. Undesirable.

Any person, even if in possession of a permit shall be liable to exclusion and to forfeiture of his permit should he hold one, if his conduct within the Board's premises or any part of the Port premises thrown open by the Board, from time to time, with or without restriction to public has been proved to have been disorderly or he to be an undesirable person. Any person who is reported by the Police to be a known depredator, or by the customs authorities as being a smuggler, or who is known to suffer from a contagious disease likely to be communicated to others by contact, or who is proved guilty of preying on passengers or of annoying them may be excluded from the above premises without reasons being assigned.

Regulation - 113. Ship's officers and crew and passengers in transit.

The passage through the Board's premises at the Willingdon Island wharves and or the Oil tanker Berth Jetty in Ernakulam Channel, and the Officers, crew and passengers of vessel in the Port, shall not be deemed to be trespass.

Regulation - 114. Admission of visitors to meet passengers.

Visitors desiring to see off passengers embarking and to meet passengers disembarking may be permitted to enter the Board's premises on obtaining permit issued by the Board at the entrance to such premises and persons possessing such permit shall not be deemed to be trespassers. The possession of such a permit however only entitles the holder to obtain in admission upto the Customs barrier.

Regulation - 115. Onus of proof.

The onus of proof that their business on the Board's premises is lawful shall lie on the person concerned.

Regulation - 116. Motor vehicles in Port premises.

Motor vehicles in Port premises shall be driven with the utmost caution having regard to the traffic and shall also comply with the following other conditions.

(i)       Such motor vehicles shall conform in all respects to provision of the Motor Vehicles Act, 1939 and the rules made thereunder.

(ii)      Such motor vehicles shall not be left unattended.

(iii)     Such motor vehicles shall ordinarily traverse the recognised roads in the Port, but may be permitted on the quays, in transit sheds and open storage space, for the purpose of being loaded and unloaded subject to control by Port Trust or Police officers.

(iv)    (a) Such motor vehicles carrying goods when entering or leaving the Board's premises at the wharves shall stop at the gates until permission to pass has been obtained from the Port Trust or Customs Officers or Police on duty at the gate and the driver thereof shall on demand produce for inspection such documents as are required for the checking goods carried therein.

(b) Motor vehicles for the conveyance of persons and their personal luggage (if any) when entering or leaving the Board's premises at the wharves shall stop at the gates until permission to pass has been obtained from the Port Trust or Customs Officers or Police on duty at the gate.

(v)      No such motor vehicle shall be allowed to remain within the Board's premises at the wharves longer than as shall, in the opinion of the Traffic Manager, be necessary for the purpose of loading or unloading goods. Loitering and plying for hire is prohibited.

(vi)    No such motor vehicles shall fill their tanks with petrol or other fuel within the Board's premises at the wharves without a special permit from the Traffic Manager.

Regulation - 117. Permission to take photographs in the Port.

No person shall take photographs of the Port or any portion of it without the previous written permission of the Chairman or of on officer authorized by him in this behalf; provided that when such permission has been granted the photographs shall be taken according to the directions and subject to the conditions laid down therein.

Regulation - 118. Working hours.

(1)     The working hours for the purposes of landing and shipping of cargo and for other work delivery of import and receiving of export cargo shall be as fixed by the Board from time to time.

(2)     For the time being, the working hours at the Willingdon Island wharves and the oil tanker berth jetty in Ernakulam channel will be 8 a.m. to 12 noon and 1 p.m. to 5 p.m. on all days except Sundays and such holidays as may be notified by the Board from time to time.

Regulation - 119. Night and holidays work.

(a)      Owners, masters or agents and importers exports to their representatives who desire to work during nights or on Sundays or Board's holidays shall obtain in advance, the necessary permission of the Collector of Customs for such work.

(b)      For working vessels at the alongside berths, application to work during recess hours during day, at night, on Sunday or on holidays shall be made to the Traffic Manager, in advance, as per the rules on the subject, so as to enable him to make the necessary arrangements for the proper conduct thereof. For work during recess hours during day, at night or on Sundays and holidays prescribed by the Board, the extra rates fixed by the Board from time to time shall be paid.

Notes:

(i)       The Traffic Manager may in exercise of his discretion and direct master, owners or agents of vessels to work at night on working days or on Sundays or on holidays, if in his opinion it is necessary to do so in the interest of the turn round of vessels in the Port.

(ii)      The hours of work for the above purpose will be as under, for the time being Night work on all days - 6 p.m. to 5 a.m. Day work on Sundays and prescribed holidays - 8 a.m. to 12 noon and 1 p.m. to 5 p.m.

(c)      No export cargo shall be accepted at, or deliveries of import cargo effected from, the Willingdon Island wharves except during the "working hours" unless an application is made in advance in the prescribed from and overtime fees are paid according to the rules on the subject.

Regulation - 120. Refund of charges.

(a)      Claim for refund of any toll, due, rent, rate, or charge levied under the Major Port Trust Act, 1963, must be preferred in writing within six months either from the date when such toll, due, rent, rate or charge shall have been paid, or from the date when credit therefore shall have been given. The claim shall be accompanied by all supporting documents. A claim not accompanied by the supporting documents shall be rejected by the Board, provided further, if the Board is satisfied that a party is prevented by sufficient cause from presenting such documents, the Board may, at its discretion, grant such, further time, as it may consider proper, for the production of such documents.

(b)      No claim for refund of a sum less than Rs. 1 whether made separately or in conjunction with other claims, shall in any circumstance be entertained unless such claim arises from an error on the part of an employee of the Board.

Regulation - 121.

Coopers authorized by the board to be allowed in the Board's premises at the Willingdon Island wharves, etc., for opening (and repairing) packages for purposes of customs examinations, etc.,

(i)       The Traffic Manager may issue badges to persons authorized to work as coopers or opening (and repairing) packages in the Board's premises at the Willigdon Island wharves, for purpose of Customs Examination or for other purposes at the instance of the owners thereof, and no other person or persons shall be engaged for such purposes or be allowed to carry any carpenter's tools or other instrument used for such purposes under any pretext whatsoever.

(ii)      On applications submitted to the Traffic Manager through their respective employers, showing the full name, address and age of the persons authorized coopers will be provided with distinguishing badges on payment of cost at Rs. 2 per badge.

(iii)     Other persons may be also authorized by the Traffic Manager to work as public coopers (on the recommendation of the Chambers of commerce) whose services will be available for parties who do not have their own coopers. Such person shall submit their applications, as stated above, through the respective chamber of Commerce; and the badges will be issued to them on payment of cost as stated above.

(iv)    The badges shall be tied round the arms of the coopers while engaged on the above side work.

(v)      No package shall be opened in the transit sheds or other wharf premises except under the authority of the Shed appraiser of the Customs Department.

(vi)    The badges shall not be transferable

(vii)   The steamer agents, importers, exporters and clearing agents, in the case of coopers employed by them and the Chambers of Commerce in the case of coopers authorized on their recommendations shall be held responsible for the good conduct of the coopers.

(viii)  The loss of a badge shall at once be reported in writing to the Traffic Manager through the employer or Chamber of Commerce as the case may be. A duplicate badge will be supplied on payment of Rs. 200 each if the loss is satisfactorily explained.

(ix)    The entry into the wharf premises, of Coopers shall be regulated in accordance with the rules on the subject and the possession of a cooper's badge only shall not, entitle the holder to admission into the wharf premises etc.

(x)      The Board reserves the right to accept or reject an application or to withdraw the authorization given to any persons to work as coopers, without assigning any reason whatsoever. The decision of the Board in the matter shall be final.

Regulation - 122. Issue of licenses to hawker.

No person shall hawk goods within in the Board's premises referred to in regulation 110 or any part of the Port premises which shall, from time to time, have been thrown open by the Board with or without restriction to the public or on board any vessel in the Port, without license from the Chairman or other officer authorized by him in this behalf. For this purpose the Chairman or other authorized officer may issue licenses (subject to conditions which may be laid down from time to time) to the approved persons which shall be renewable yearly, provided that for hawking goods within the premises referred to in regulation 110 or on board any vessel such person shall have first obtained the approval in writing of the Collector of Customs, and that such license shall not entitle the holder to go on board any vessel without the permission of the master, owner or agent of such vessel.

Regulation - 123. Removal of trucks and hand-barrows.

Trucks and hand-barrows loaded with goods and not immediately taken out of the wharf premises shall be liable to removal by the Traffic Manager at the risk and expense of the owners of the goods. Trucks and hand-barrows belonging to merchants and others and left lying about at the wharves, jetties, or quays shall be liable to removal and custody of such trucks and hand-barrows may be recovered by the Traffic Manager from the merchants and others as the case may be.

Regulation - 124. Destruction of or damage to any of the Board's property.

Any person who shall cut, deface or injure any mooring, rope, chain, life buoy, life line or life saving appliances or any buoy rope or cable or any of the works or property of the Board shall without pre-judice to any penalty to which he may be liable, be required to pay the amount of damage, repair and recovery.

Regulation - 125. Obstructing officers.

No persons shall molest, assault, resist, hinder, obstruct, impede or interrupt or offer or attempt to molest, assault, resist, hinder obstruct, impede, or interrupt any employee of the Board in the execution of his duty, or disobey his lawful orders, or use abusive or offensive language or aid or incite others to do so.

Regulation - 126. Issue of Port clearance

(a)      Application must be made to the Deputy Conservator sufficiently in advance by the master, owner or agent in respect of every vessel desiring to leave the Port and the Deputy Conservator will thereupon grant Port clearance to such vessel, provided nevertheless, that, should it become necessary to detain a vessel in Port on account of nonpayment of charges due to the Board by the vessel or for any other reason, the Deputy Conservator may, for adequate reasons, refuse to issue a clearance certificate or to allow the vessel to leave the Port until the charges due to the Board are paid or secured or the other reasons for which the vessel is detained have been dealt with to the satisfaction of the Deputy Conservator And, if clearance shall already have been issued the Deputy Conservator may, for adequate reasons, cancel the same in cases similar to those cited above and inform the applicant accordingly and refuse to allow the vessel to leave the Port until such times as a fresh clearance certificate is issued after the charges due to the Board are paid or secured or the other reasons for which the vessel is detained have been dealt with to the satisfaction of the Deputy Conservator.

(b)      The Customs Department will not grant a Port clearance until a clearance certificate duly issued by the Deputy Conservator is produced.

Regulation - 127. Temporary enclosures may be erected on the quays, etc.

(1)     An enclosure may be made upon any wharf, pier, quay or landing place within the Port where passengers by sea or troops or horses or other animals embark or land, for the purpose of preventing the public from having access to the space used for the embarkation or landing of the passengers, troops or horse or other animals.

(2)     The Traffic Manager shall, subject to the directions of the Board, affix to such enclosure a notice which may be either temporary or permanent prohibiting on each occasion or permanently any persons other than passengers or troops or their servants or persons employed in the embarkation or landing of horses or other animals as the case may be or officials or licensed porters or employees of the Board, from entering or remaining within the enclosures when passengers or troops or horses or other animals are embarking or landing.

Regulation - 128. Smoking etc.

Smoking and the use of any unprotected fire or light in any shed, warehouse, pier or quay within the Port is strictly prohibited and no person shall smoke or ignite matches or other inflammable articles or exhibit naked lights on any or quay or on board or in the vicinity of any vessel except in such places as may be allotted for the purpose.

Regulation - 129. Use of fires on board vessels.

Fires of coal, charcoal, or coke may be used on board vessels for donkey engines, steam winches and vessels, boilers for main engines.

Fires for portable forges are permitted during working hours only and shall not be left unattended. The lighting of fires is entirely prohibited on board any boat, barge or country craft carrying inflammable goods and explosives.

Regulation - 130. Use of lights on board vessels.

All lights whether oil lamps or candles, used on board vessels in Port with the following exception, shall be in globes or secured lanterns. Naked lights in the engines and boilers of vessels whilst under inspection and repair or in duties connected there with.

Regulation - 131. Charges of fires and light on board vessels.

At least one person on board a vessel shall be specially charged with the care of any fire or light and so such fire or light shall be left or used in so rash, careless or negligent manner as to risk or endanger the safety of, or to ignite any goods, property or vessels in the port.

Regulation - 132. Use of fires on board vessels under special circumstances.

All applications for special permission to use fires on board any vessel at wharf shall be made in writing to the Deputy Conservator before 5.30 P.M. and shall specify the circumstances under which the request is made; if granted the application after having been endorsed by the Deputy Conservator shall be retained on board by the person charged with care of the fire, and shall be exhibited to the wharf and police officials whenever demanded.

Regulation - 133. Accessibility of vessels to port and police officials.

Vessels in the Port and all parts thereof shall be held and made free and accessible to port and police officials for inspection purposes in regard to fires and lights whenever demanded and no person shall disobey, any order of any police officers or members of the security department or fire service for extinguishing any fire of light used in contravention of these regulations.

Regulation - 134. "Board not responsible for loss or damage to goods under certain circumstances.

The Board shall not be responsible for loss or damage to goods, caused by fire, water used in extinguishing fire, vermin, other unavoidable causes or circumstances beyond their control.

Regulation - 135. Board not bound to find storage space for goods.

The Board shall have the right not to accept any goods damaged during transit etc. and goods the storage of which shall affect the interest of the port in any manner for storage either in their godown or in the open. Hazardous/ Poisonous/ Inflammable cargo shall be permitted to be stored only at places embarked for such purpose".

Regulation - 136. Penalty.

Except where a penalty has been specifically provided for in the major port Trust Act, 1963, the penalty for breach of any of these regulations shall be rupees one thousand and when the breach is a continuing one. a further fine which may extend to one hundred rupees for every day after the first during which such breach continues.

Regulation - 137. Interpretation.

If any question arises regarding the interpretation of these regulations, the matter shall be referred to the Board who shall decide the same.

 

APPENDIX F

[See regulation 99 (1)]

The following list of dangerous goods and explosives which, under regulation No. 99 are not admitted into the wharf premises, is circulated for the information of Masters and Owners of vessels of the Trust's Officers.

 

APPENDIX G

[See regulation 102]

Manufactured fireworks as defined in Division 2 of class No. 7 of schedule 1 of Explosives Rules, 1940 are excluded from the operation of Regulation 102.

 

Appendix 'H'

[See regulation 106 (a) (i)]

List of Poison

Part I

 

Part II

 

APPENDIX "I"

[Vide Regulation 107 (b) (4) and (b) (8)]

Special requirement for bulk oil vessels discharging dangerous petroleum with the ship's own power

(1)     Bulk oil vessels discharging petroleum with their own power shall be constructed in accordance with Lloyds or other approved Society's Rules for vessels intended to carry petroleum in bulk.

(2)     The propelling machinery shall be placed at the after end of the ship.

(3)     The casing protecting the propelling machinery space shall be not less than 2 meters in height from the main deck.

(4)     All openings in this casing shall be closed air-tight.

(5)     Any other precautions deemed necessary to prevent petrol vapor entering the engine room are stockhold shall be carried out.

(6)     Where stream is used for the cargo pump, it shall be supplied from the ship's main boilers and the smoke tubes uptake and funnel shall be clear of soot before commencing discharge.

 

APPENDIX " J"

[See Regulation (107)(c)(l)]

List of dangerous petroleum and its products and other inflammable liquids flashing below 76ø F (23ø C)

Petroleum and other hydrocarbon oils, dangerous having a flashing point below 78ø F (23ø C)