In exercise of the powers
conferred by Section 123 of the Major Port Trusts Act, 1963 (38 of 1963), and
in supersession of the Cochin Port and Dock Regulations, 1975, the Cochin Port
Trust (Licensing of Clerks, Importers, Shippers and Clearing and Forwarding
Agents) Regulations, 1966 and the Cochin Port Trust Public Bonded Warehouse
(Rent and other Charges) Regulations, 1967, except as respects things done or
omitted to be done before such supersession, the Board of Trustees of Cochin
Port Trust hereby makes the following regulations, subject to the approval of
the Central Government and the same being published twice in the Official
Gazette for the information of the public, as required under sub-section (2) of
Section 124 of the said Act, namely: I.
PRELIMINARY (1) These
regulations may be called the Cochin Port and Dock Regulations, 2020. (2) They shall
come into force on the date of publication of the approval of the Central
Government in the Official Gazette of India. In these regulations, unless
the context otherwise requires, (i) "Act"
means the Major Port Trusts Act, 1963 (38 of 1963); (ii) "berth"
means facilities for berthing of vessels and includes dock, pier, wharf, quay,
jetty and single point mooring; (iii) "Board"
means the Board of Trustees of the Port of Cochin constituted under the Act; (iv) "bulk
oil vessel" means a vessel licensed to carry petroleum in bulk as cargo; (v) "Chairman",
"Deputy Chairman", "dock", "vessel",
"master", "owner", "goods" and all other relevant
terms and definitions, not expressly defined or covered herein, shall have the
same meaning assigned to them in the Act or in the Indian Ports Act, 1908 (15 of
1908) or any other applicable Act in force; (vi) "day"
means a period of 24 hours from 6 a.m to 6 a.m.; (vii) "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; (viii) "Financial
Adviser and Chief Accounts Officer" means the officer for the time being
in charge of the Finance 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; (ix) "flash
point" of any petroleum means the lowest temperature at which it yields a
vapour which gives a momentary flash when ignited; (x) "fuel
oil" means petroleum having a flash point of not less than sixty-five
degree Centigrade; (xi) "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 vapour; (xii) "IMO"
means International Maritime Organisation; (xiii) "motor
vehicle" means vehicle propelled by mechanical means; (xiv) "petroleum"
means any liquid hydrocarbon or mixture of hydrocarbons and any inflammable
mixture (liquid, viscous, or solid) containing any liquid hydrocarbon; (xv) "Petroleum
Class A" means petroleum having a flash point below twenty-three degree
Centigrade; (xvi) "Petroleum
Class B" means petroleum having a flash point of twenty-three degree
Centigrade and above but below sixty-five degree Centigrade; (xvii) "Petroleum
Class C" means petroleum having a flash point of sixty-five degree
Centigrade and above but below ninety three-degree Centigrade; (xviii) "Petroleum
in bulk" means petroleum contained in a receptacle exceeding one thousand
litres in capacity; (xix) "Port"
means the Cochin Port; (xx) "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; (xxi) "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 The Board shall not be
responsible for any act or default of 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 or 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 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, through Port Community System for vessels with
International Maritime Organisation number and manually for other vessels, 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 and the expression of such preference shall also be sent simultaneously
to the Traffic Manager and the Harbour Master. The allotment of berths shall
be in the discretion of the Traffic Manager and in exercising his discretion,
the Traffic Manager shall be guided by the following, namely (a) 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 Port Control, shall be given priority in the allotment of berths
provided her draughts and other nautical considerations permit: Provided that
such priority in the allotment of berth shall be subject to the receipt of the
notice of arrival of the vessel at least 24 hours prior to the arrival of the
vessel; (iii) over-riding
priority may be given to the Government vessels embarking or disembarking
troops, or landing or shipping Government stores, to passenger ships or to
vessels landing or shipping live-stock; (iv) the
allotment shall be done in such a way as not to cause any loss to the Port,
other factors being common. (a) no vessel
berthed within the Port shall immobilise its main engines or effect repairs
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 and the Deputy
Conservator shall grant such permission in consultation with the Traffic
Manager; (b) if a vessel
fails to discharge or load on any one day the quantities specified in clause
(d) except for reasons beyond the control of the vessel such as weather, the
Traffic Manager may call upon her to vacate her berth within four hours of the
receipt of notice and such vessel shall vacate the berth within the time
specified in the notice; (c) The vessels
shall have a minimum ship berth-day output as follows:- (a) Liquid
bulk- 2500 metric tonnes; (b) Dry bulk -
2000 metric tonnes; (c) Break bulk
- 500 metric tonnes: Provided that nothing in
clauses (c) and (d) shall be deemed to prevent a vessel having arrived at the
Port for discharge or loading lesser quantities of cargo than those specified
in clause (d), from having access to a berth, or from the use of other Port
facilities; (d) notwithstanding
the foregoing provisions 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 shall
facilitate the best use of the berths or that such arrangement shall serve the
general interest of shipping to the best advantage. Notwithstanding anything
contained in Regulation 5, the Board may direct that preference be given in the
allotment of berth to any vessel or vessels, if in its opinion, it is desirable
so to do in the public interest, and in exercising this power, the Board shall
be guided by the following, namely: (i) such power,
which is overriding in nature, shall be exercised only in case which warrants
the Board's direction in public interest; (ii) 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; (iii) the
Government direction issued from time to time regarding preferential allotment
of berth to vessels shall have overriding priority; (iv) allotment
of dedicated berths to particular type of cargo or ship shall not be unduly
disturbed; (v) priorities
in respect of any berth or groups of berths are duly considered before the
directions are issued; (vi) in the
normal course, preferential berthing may be done in consultation with the
Traffic Manager and Deputy Conservator; and (vii) it shall be
ensured that no avoidable hardship is caused to the owner or agent of a ship
calling at the Port. If the Traffic Manager or
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 time of online berth allotment and in writing to the
Steamer Agents if required, after Chairman's decision is obtained. A vessel shall not be
permitted to enter or leave or 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 and only under exceptional circumstances,
such as the death or serious illness of the master, special arrangements shall
be made with the Deputy Conservator. 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. Tankers in ballast shall not
be berthed at a dry cargo wharf berth unless a certificate to the effect that
the vessel is free from dangerous vapour issued by the appropriate Inspector of
Explosive is produced. 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 tug or tugs and
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 so to do, 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. A vessel entering the channel
and berthing at wharf or berth shall have in readiness and supply for use, such
steel wire or other hawsers or lines of adequate 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 damage whilst
hauling into the berth. Master or 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 and 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. Vessels when entering, leaving
or being moved in the port shall have both anchors ready for letting go. Immediately after vessel shall
have been moored in their berths and so long as they shall remain in Port, both
anchors shall be properly stowed. Vessels when entering,
leaving, being moved or lying at alongside berths, shall have their sides free
of all projections. Master and owners of the
vessels shall be held responsible for all accidents caused by the vessel,
including those which may in any way result from failure to adopt any of the
precautions specified in these regulations. 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 and such removal shall be effected
within one hour on receipt of order of the Deputy Conservator. Provided that such time limit
may be relaxed by the Deputy Conservator in exceptional case after recording in
writing the reason for doing so: Provided further that where such removal is
not 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. Vessel shall be upright while
berthing at or unberthing from the alongside berths. The berth to be occupied by a
vessel alongside a wharf shall be decided by the Traffic Manager and the master
or owner shall place such vessel in such berth on his own responsibility and 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. (1) A vessel in
port shall be in the charge of her master and it shall be the 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 from falling; (2) whenever
hot work is 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 and during this operation, 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 hose rigged) and that the operations are supervised by a
responsible person. (1) 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. (2) Launches,
barges, cargo boats or other small, crafts, shall not be moored or allowed to
lie alongside the vessels without the permission of the Deputy Conservator who shall
employ whatever means may be required, which he may consider reasonable to
enforce this regulation. (3) 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, and where necessary, the Deputy Conservator
shall employ whatever means as required, which he considers reasonable, to
enforce his order, 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. (4) Master of
vessel shall ascertain from the Deputy Conservator the permissible arrival and
departure drafts. Master or owner of the 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 bollards or
other arrangements specially provided for the purpose. During such time a vessel
remains in port the master or a responsible Deck Officer not below the rank of
3rd Officer shall be in charge of the vessel and sufficient crew shall always
be on board and the officer in charge shall superintend and direct the carrying
out of all duties in connection with the vessel or loading or unloading her
cargo and in case 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. A vessel in port shall
maintain a Quarter-Master or Seaman always on duty on deck, who shall be
stationed in charge of the vessel's or shore gangway and who shall attend to
mooring ropes and lines of the vessel and shall cause their adjustment from
time to time as necessary especially in the case of vessels moored at tanker
berths and in default, the master or owner of the vessel shall be liable for
any damage resulting from such default. (1) While a
vessel is berthed at any of the 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. (2) 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 (1). Masters and owners of the
vessels shall be responsible for the immediate buoying of 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. Vessels in Port shall be kept
so loaded or ballasted that in the event of fire or other emergency arising,
they may safely and without danger be removed from their berths. (1) Avessel
shall not carry out repairs in Port unless a suitable berth is allotted for the
express purpose of carrying out repairs. (2) 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 Gas Free certificate from the
Inspector of Explosives and such owner, master or other person in charge of
such vessel shall indemnify the Board for any loss or damage what so ever
arising directly or indirectly from any breach of this regulation. (3) A berth
allotted under this regulation shall be vacated as and when required for a
vessel desiring to load or unload cargo. (4) 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 over side pipes, such pipes shall be rendered
safe by being blanked off and if an over side pipe cannot be blanked off and rendered
safe then it shall be opened up and the master or the officer in charge of the
vessel and the owner 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. (5) Chipping
and painting of the ship sides shall not be permitted at the berth or
anchorage. 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 and in the event or 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, damage or clean-up cost
which may arise in consequence. The master or owner or agent
of the vessel who contravenes the provisions of Regulation 30 shall be liable
to pay a penalty of one lakh rupees in addition to any expense that the Port or
any other authorised agency may incur in making good the loss, damage or the
clean-up. All vessels shall comply with
relevant regulations contained in Annexure I to VI of the International
Convention for the prevention of Pollution from Ships (MARPOL). Safe and approved means of
access to the vessel shall be ensured by the Master including adequate lighting
and safety nets. Loaded guns or loaded fire
arms shall not be kept or allowed on board any vessel while lying in port
except in an authorised manner. Masters and owners of vessels
and their agents 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. 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 adrift from their berths or
anchors. Masters and owners of vessels shall
be held liable and responsible for the acts of the crew and of any person or
persons that shall be employed about or on board their vessels. 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, or from any other cause
whatsoever. (1) In the
event of any fire or explosion occurring on 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
and if this report is made on Very High Frequency (VHF), a written report shall
follow as soon as possible. (2) The Port
shall have the right to take such steps as it may consider necessary to
extinguish fires in the Port and its premises including ships in the Port. (3) The owner
of the vessel in which the fire has occurred or the owner of the goods or
articles involved shall pay all charges incurred to extinguish the fire. (4) In the
event of a fire or emergency, alarm may be raised by Very High Frequency or
Ship's Whistle or Telephone, which shall be notified by the Deputy Conservator
from time to time. No diving operation shall be
undertaken without the prior permission of the Deputy Conservator. Sinking of any boat in the
Port and the fact of such sinking and the place where it occurred shall be
reported to the Deputy Conservator. 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. 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 land in passengers or baggage, without permission of the Port. IV.
REGULATIONS IN RESPECT OF QUAYS AND SHEDS, LOADING AND UNLOADING OF VESSELS AND
RECEIPTS, DELIVERY AND SHIPMENT OF GOODS. (1) The.
loading and unloading of vessels in the Port shall be subjected to the overall
control of the Traffic Manager. (2) The
stacking or storage of cargo within the bonded area shall be regulated by the
Traffic Manager. (3) The use of
quay space by cargo shall similarly be regulated by the Traffic Manger. The allocation of cranes or
cargo handling equipments shall be normally in the order of the receipt of the
requisition, provided Traffic Manager may, at his discretion, order the
allocation of the cranes or cargo handling equipments in a manner that will
ensure the best use of the cranes or cargo handling equipments in the general
interest of ship's work and other deliveries generally. Goods shall not be loaded or
unloaded from a vessel in the Port until that vessel shall have been moored at
her appointed berth. The masters, owners and agents
of vessels before berthing or commencement of cargo handling operation shall
submit Import General Manifest or Shipping Bill for import or export and such
other documents including stowage details, to the Traffic Manager. (1) Goods of a
nature likely to foul the wharves or transit sheds in any manner whatsoever or
to cause damage to other goods may be discharged from a vessel on to the wharf
only with the permission of the Traffic Manger 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. (2) Where
discharge or loading in bulk of oils are to be effected, the oils shall be
transported in approved tank wagons, tanker lorries or tank barges and pumped
directly to or from the vessel's tanks and this shall not be applicable for
Class-A and B petroleum products. The Traffic Manager or Deputy
Conservator may direct any vessel to move from any berth to any other vacant
berth for adequate reasons and the Board shall not be responsible for any delay
which may be caused due to a vessel shifted under this regulation. 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 over side
loading or unloading of such vessel. (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
handling of cargo from or to the vessel shall be governed by any regulation in
force relating to the Stevedoring activities. (3) The owner
of the vessel or stevedore shall be liable in respect of any loss or damage
arising either to property or person from the handling of goods on board such
vessel. 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 all those parts of
vessels, where work is being carried on or is in any way connected, directly or
indirectly with the 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. Slings of import goods shall
be made up directly under the open hatchway of any vessel unloading and in no
circumstances, whatsoever, shall the Board's cranes be employed for the purpose
of breaking out or removing goods from under the coamings. (1) Master 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, property or person arising from any cause
whatsoever. (2) The ship's
officers shall ensure that the Port cranes work quite clear of the ship's gear. Discharge or loading of heavy
packages or cargo shall be subject to approvals based on the load density of
the wharf. Discharge of hazardous and
fragile goods shall be governed by the common practice of safe handling for
such cargoes. (1) The Board
may provide the necessary labour for loading or unloading or export or import
of goods and goods for transhipment at the alongside berths, provided the Board
shall not be responsible for any loss or damage arising as a consequence of
insufficient: supply of labour. (2) The Board
may 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. (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 subject to compliance of the customs formalities
in force. 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) Goods for
shipment shall not be loaded onboard any vessel in the Port, unless the customs
export shipping bill with the "let export" order or the reshipment
application duly passed by the Customs Department has been produced; and the
shipper of the goods produces the necessary receipt for the charges due to the
Board on the said goods. (1) The Board
shall not take charge 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 free period as
specified in the Scale of Rates of the Board from the date of taking charge of
such goods by the Board: (2) The
responsibility of the Board for the condition or safe custody of goods imported
shall not commence until such goods have been received into the charge of
Traffic Manger. (3) The Board
shall not be answerable or liable for deficiencies of merchandise caused by
natural or unavoidable reasons. (4) Subject to
the provision of Regulation 62, the Board shall not be answerable or liable for
any losses or deficiencies whatever, unless ascertained, pointed out to and
acknowledged by the Traffic Manager prior to the removal of the goods from the
premises. (5) Import
goods unloaded from vessel alongside (except in cases of special arrangements
where the landing and delivery of goods is undertaken by the owners of vessels)
may be received charge of on the quay by the Traffic Manager who may undertake
their proper stacking either on the quays or in the sheds and may hold such
goods for delivery to the proper owner. (6) Remarks
shall 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 whatsoever. 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 vessel. The Traffic Manger shall
furnish receipts in the form Tally Report' at Appendix "A" 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 and in respect
of goods landed in a damaged or defective condition, the same shall be
reflected in such Tally Report'. (1) The Board
shall not be in any way responsible for the loss, destruction or deterioration
of, or damage to goods, of which it has taken charge unless notices of such
loss or damage has been given within the free period as specified in the Scale
of Rates of the Board 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
attach to the Board after the expiry of such free period from the day of taking
charge of such goods by the Board. (2) The Board
shall not be responsible for the import goods which have been opened for
customs examination and such goods shall lie in the Board's premises at the
entire risk of the owner thereof unless notice of loss or damage has been given
before taking over the goods for customs examination and such notice must be
served within the free period as specified in the Scale of Rates. (3) The Board
shall accept no responsibility whatsoever for loss of or damage to import or
transhipped goods unless notice of loss or of the damage alleged shall have
been received prior to the delivery or transhipment of such goods or the expiry
of the period mentioned under sub-regulation (1) whichever is earlier. (1) 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 addressed to the Traffic
Manager issued by the steamer agents of the vessel discharging such goods. (2) The
delivery of goods to the owners or their representatives will be affected on
payment of Port charges and compliance with the customs formalities, including
production of Bill of Entry and Out of Charge documents. (3) Goods
received shall be duly acknowledged by the authorised person taking such
delivery of goods. (4) Goods
loaded into railway wagons, lorries or such other conveyances in the process of
clearance from the wharf premises, but not removed from the wharf, shall lie at
the risk of the owner thereof; 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 on receipt of due notice in writing
from the master or owner of the vessel or his agents and such goods shall be
retained either in the warehouse 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: Provided that, no such
responsibility shall be taken by the Board for the goods discharged over-side
the ship. No packages shall be opened
for appraisement or examination without the appraisement ticket issued by the
Traffic Manager in compliance of the customs formalities. 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. Goods which have not been
shipped shall not be removed from the quays, roads or sheds unless covered by
an endorsement on the Shipping Bill to the effect of the goods being shut-out
by the Customs. (1) The
handling of International Maritime Organization Class-I Cargo shall be governed
by the provisions of the Standard Operating Procedure as amended from time to
time and approved by the Chief Controller of Explosives and shall conform to
the International Maritime Dangerous Goods Code. (2) The
movement of vessels carrying International Maritime Organization Class-I cargo
shall be restricted to day light hours. (3) No storage
of International Maritime Organization Class-I cargo shall be permitted in the
Port premises. (4) The Port
shall have no liability or responsibility whatsoever, in respect of any such
packages handled otherwise than in strict conformity with this regulation. Ammunition carried on board
warships berthed alongside, shall be entirely at the risk and responsibility of
such ships. Handling of ammunition by warships shall be permitted only in
exceptional circumstances with the permission of the Chairman. No warship carrying ammunition
shall be allowed to undertake any repairs while berthed alongside. (1) Landing or
loading of hazardous cargo shall conform to the provisions of International
Maritime Dangerous Goods Code. (2) Information
regarding shipment of hazardous cargo shall be provided to the Port seven days
in advance. (3) Storage of
hazardous cargo shall be confined to the designated area only. (4) the goods
referred to above shall be carefully packed, marked and labelled in conformity
with the direction laid down in the International Maritime Dangerous Goods
Code. (5) 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 (1) All vessels
carrying liquid petroleum in bulk shall observe all the precautions and
practices as given in the International Oil Tanker and Terminal Safety Guide
published by the Oil Companies International Marine Forum, as amended from time
to time. (2) The master
of every vessel carrying petroleum class 'A' or petroleum class 'B' or class 'C
shall hoist Flag 'B' of the International Code of Signals and shall during the
day keep such flag flying and during the night exhibit a red light visible all
round where it can best be seen. (3) 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 and during the night a
red light visible all around. (4) Vessels
carrying petroleum in bulk shall normally be berthed at the berths designated
for handling petroleum in bulk. (5) No vessel
carrying petroleum in bulk as cargo shall be berthed at any berth other than
tanker berth or be allowed to enter the Dry Dock until her master produces the
Gas Free Certificate. (6) Other
precautions to be followed by a vessel carrying petroleum in bulk are- (a) no harbour
craft containing Petroleum Class 'A' shall cast off in such manner as may
involve risk of collision when other vessels are manoeuvring in the vicinity; (b) the master
or any other person for the time being in charge of any vessel having petroleum
on board shall take effective measures for preventing the escape of petroleum
from the vessel by leaking or otherwise; (c) no vessel
shall approach within fifty-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 on that behalf. This rule shall not apply to vessels
with a pilot on board; (d) the Barges
used for bunkering vessels in the port shall be seaworthy, manned, equipped and
employed in accordance with the Inland Vessels Act, 1917(1 of 1917) or Merchant
Shipping Act, 1958 (44 of 1958) and the Petroleum Rules, 2002 as amended from
time to time. Responsible deck and engine room officers of the ship shall
supervise the operation and shall take all necessary safety precautions on
board the vessel receiving oil bunkers; (e) Hard arms
or armoured hoses shall be used to connect the manifolds on board to the
pipeline ashore 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; (f) all pipes
and other appliances used in loading and discharging of petroleum in bulk shall
be free of leakage; (g) the owner,
agent or master of the bulk oil vessel shall take all due precautions for the
prevention of accident by fire or spillage whilst loading or discharging
petroleum in bulk; (h) 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
loading and discharging from carrying, fuses, matches or any appliances
whatsoever for producing ignition; (i) 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 for chipping of iron rust or paint, in the vicinity; (j) 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 Regulations. In the absence of the master, the senior
deck officer on board shall be the responsible officer. When loading or
discharging is in progress or about to be started, it is absolutely essential
that the master or chief officer and either the chief engineer 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 and
machinery shall be maintained in working order so that the vessel may be moved
as soon as ready, if so required by the Deputy Conservator of the Port; (k) 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 service. (1) Petroleum
class 'A' in bulk shall be loaded or discharged only at the berths designated
for handling Petroleum in bulk. (2) 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
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 (including
mobile phones) whatsoever for producing ignition. (3) The
following precautions shall be taken while loading and discharging, namely. (a) Hard arms
or armoured hoses shall be used to connect the manifold on board to the
pipeline ashore and all the connections shall be made completely leak proof
mechanically and rendered electrically continuous before the discharge or
loading or Petroleum in bulk is commenced; (b) all pipes
and other appliances used in the landing and loading of petroleum Class 'A' in
bulk shall be free from leakage; (4) The Chief
Inspector of Explosives may by written order grant exemption in any particular
case from the provisions of clause (a) and (b) of sub-regulation (3) if he is
satisfied with any means, other than hard arm or armoured hose which will
ensure a leak proof and electrically continuous system. (5) No
petroleum class 'A' shall be discharged or allowed to escape into the waters of
the Port. (6) The
following precautions against fire shall be taken (a) 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'; (b) all
equipment used in the vicinity while landing or loading petroleum class 'A'
shall be intrinsically safe; and (c) 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 service. Two or more petroleum ships
shall not, except for purpose of transhipment, lie within thirty meters of one
another unless in the opinion of the Deputy Conservator of the Port it is impracticable
to maintain such distance. (1) 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 provision of these regulations and in the absence of the master, the senior
Deck Officer on board shall be the responsible officer. (2) When
loading or discharging is in progress or about to start, 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 ready, if so required by the Deputy Conservator of the
Port. (1) Every
vessel having petroleum other than Fuel Oil on board as cargo, whilst moored in
the port, shall keep the end of a wire hawser having an eye, laid out to the
water's edge at the bow and stern to enable a tug to take hold in case of
emergency. (2) 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 signals shall be displayed. (1) Packed
petroleum and its products shall be landed only 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. (2) Any
commodity which (by virtue of its composition and property) is capable of being
classified under the categories of dangerous petroleum and its product or other
inflammable liquids flashing below 23 degrees centigrade, shall be dealt as
follows: (a) 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 forty eight hours in advance of the
vessel's expected date of arrival and similar notice shall be given both by the
shippers and the steamer agents in the case of consignments for shipment; (b) landing and
shipment of packed petroleum and its products, shall conform to the regulations
if any, made on the subject; (c) all packed
petroleum landed or to be loaded shall not be stored inside the wharf premises; (d) no imported
petroleum or its products shall be landed except with the permission of the
Deputy Conservator of the Port and the Commissioner of Customs and no petroleum
or its products shall be shipped by vessels or loaded into lighters for
shipment without the prior permission of the Deputy Conservator; (e) specific
written permission of the Traffic Manager shall also be obtained before packed
petroleum and its product are discharged at or brought for shipment to the
Willington Island wharves; (f) petroleum
and its products shall be carried in receptacles in accordance with the
provisions of the Petroleum Rules, 2002, as amended from time to time; (g) vessels
shall not normally load or discharge packed petroleum and its products except
between the hours of sunrise and sunset and 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; (h) an officer
serving on board the vessel who holds a certificate of competency, not lower
than that of second mate, shall be on duty at the hatch from which any
petroleum and its product are being discharged or into which they are being
shipped, until the discharge or shipments is completed; (i) on shore,
the operations shall be conducted under the immediate supervision of an officer
of the port not lower in rank than an Assistant Wharf Superintendent; (j) no fire,
naked light of any description, and no smoking shall be allowed while handling
petroleum or its products; (k) no
inflammable cargo other than packed petroleum or other petroleum products shall
be landed or shipped at the same time; (l) no person
engaged in handling or loading petroleum or its products shall carry fuses,
matches or any other appliance, including mobile phones, capable of producing
ignition or explosion; (m) adequate
fire fighting arrangements in compliance with Oil Industry Safety Directorate
(OISD) 156 shall be in place while handling petroleum and its products; (n) during the
loading or discharge of packed petroleum and its product at any hatch, no other
cargo shall be handled at the hatch; (o) 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; (p) no
petroleum class 'A' shall be in actual transit in the harbour between sunset
and sunrise otherwise than in railway wagon, that is, such petroleum should not
be handled in any way at night nor lie afloat in harbour craft in the port, at
night; (q) 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. 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. 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. 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 bunker barges may be permitted, as per the Standard Operating
Procedure which shall be laid down by the Deputy Conservator, from time to time
and in addition, the following conditions shall also be fulfilled, namely: (i) 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; (ii) a ship's
officer shall be on watch and an attendant of the supplier of the liquid fuel
for bunkers shall be stationed alongside the flexible connecting pipe while
bunkering is in progress; (iii) suppliers
of liquid fuel shall be responsible for seeing that all flexible pipes used for
bunkering vessel are tested to a pressure of 7kgs/cm2 before operations
commences and that all joints are leak proof and suppliers of liquid fuel for
bunkers shall be liable for any damage whatsoever caused to cargo or property
belonging to the Port, by any leakage of fuel oil or other causes; (iv) 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; (v) no cargo
other than goods, unaffected by oil, shall be allowed on the wharf within
fifteen meters of the oil stand pipes and shed doors immediately behind them
shall be kept closed while bunkering is in progress; (vi) before
bunkering commences through the service pipe lines on the quays the attendant
shall see that the communications with the bunker supplier is in working order; (vii) an
attendant shall be on duty at the pump throughout the time of bunkering; (viii) at least
two hours notice in writing shall be given to the Deputy Conservator before
bunkering is commenced; (ix) no
bunkering shall be commenced unless the Port's Chief Fire Officer is satisfied
that all necessary precautions have been taken; (x) no smoking,
cooking or naked lights shall be allowed on the vessel's decks while bunkering
is in progress; (xi) a suitable gutter,
drip tray or other contrivance shall be placed under the connecting service
pipe to prevent any oil from dropping on the wharf or into the water. VI.
MISCELLANEOUS 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 and 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. (1) Admission
to the' Port's berths, Customs bonded areas, Container Freight Station and such
other areas as the Board may direct from time to time in this behalf, shall be
regulated by means of passes which shall, on application, be issued by the
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
and other authorised Government officials on duty will be allowed inside these
premises on the strength of photo identity cards issued to them by the Customs
or respective Departments. (2) The access
control (entry or exit) of personnel to and from Port's berths, Customs bonded
areas, Container Freight Station and such other areas as the Board may direct
from time to time, shall be under the overall authority and control of the
Traffic Manager. (1) Transaction
license shall be issued by the Traffic Manager for the purpose of transacting business
on behalf of Customs Brokers having valid Customs Licence such as to make
delivery of cargo to, and to take delivery of cargo from the Port's wharves and
docks. (2) The license
shall be valid for three years or till the end of the third calendar year
whichever is earlier and shall be renewable every three years. (3) The charges
for the issue of such licenses shall be as per the rates provided in the Port's
Scale of Rates. (4) Notwithstanding
anything contained in Regulation (1), a Temporary Licence may be issued on an
application made to the Traffic Manager on payment of fees as prescribed in the
Port's Scale of Rates and it shall be valid for such period, as may be decided
by the Traffic Manager. (5) The Traffic
Manager shall lay down a Standard Operating Procedure relating to the grant of
access to the Port's berths, Customs bonded areas, Container Freight Station
and such other operational areas. (1) Any person
found in the Board's premises referred to in Regulations 81 and 82, without being
in possession of a pass or photo identity card as stated in the said
regulation, shall be deemed to be a trespasser and liable for prosecution. (2) The
possession of the pass entitles the holder to obtain admission to and remain in
the harbour premises for purpose 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
pass. (3) If any
person is found trespassing without lawful excuse in the Board's premises
referred to above or found to be misusing the pass in any way, he shall,
without prejudice to any penalty to which he may be liable, be also liable to
cancellation of such passes: Provided that when any
definite part of the port premises have been from time to time thrown open by
the Port without restriction, for the public, the presence therein of persons
not having Port business to transact shall not be trespass. (1) Any person,
even if in possession of a pass shall be liable to exclusion and to forfeiture
of his pass, if his conduct within the Board's premises or any part of the port
premises thrown open by the Port, from time to time, with or without
restriction to public, has been proved to have been disorderly or to be an
undesirable person. (2) Any person
who is reported by the police to be known depredator, or by the customs
authorities as being a smuggler, or who is known to suffer from contagious
disease likely to be communicated to others by contact or who is proved guilty
of preying on passengers and trade or of annoying them may be excluded from the
above premises without reasons being assigned and his pass seized. The passage of the officers,
crew and passengers or vessels in the Port, through the Port's premises, shall
not be deemed to be trespass. Visitors may be permitted to
enter the Port's premises on obtaining passes issued by the Port: Provided that the possession
of such a permit only entitles the holder to obtain admission upto the customs
barrier or such areas, as may be expressly permitted by the Traffic Manager. The onus of proof that their
business on the Board's premises is lawful shall lie on the person concerned. Motor vehicle in Port premises
shall be driven with the utmost caution having regard to the traffic and shall
also comply with the following other conditions, namely: (i) such motor
vehicle shall conform in all respects to the provision of the Motor Vehicles
Act, 1988 and the rules made thereunder; (ii) such motor
vehicle 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 the Port; (iv) such motor
vehicle 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 security personnel on duty at the gate
and the driver there of shall on demand produce for inspection such documents
as are required for the checking of goods carried therein; (v) 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 or security personnel on duty at the gate; (vi) 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; (vii) loitering
and plying for hire is prohibited; (viii) 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. No person shall take
photographs of the Port or any portion of it without the previous written
permission of the Chairman or of an officer authorized by him in this behalf;
provided that when such permission has been granted the photographs or
videography shall be taken according to the directions and subject to the
conditions. The working hours for the
purpose of landing and shipping of cargo and for other work like delivery of
import and receiving of export cargo shall be as fixed by the Port from time to
time. (1) Claim for
refund of any toll, dues, 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, dues, rent, rate or charge shall have been paid, or from
the date on which credit therefore was given and the claim shall be accompanied
by all supporting documents. (2) A claim not
accompanied by the supporting documents shall be rejected by the Authorised
Officer: Provided that where the
Authorised Officer is satisfied that a party is prevented by sufficient cause
from presenting such documents, he may, at his discretion, grant such, further
time, as it may consider proper, for the production of such documents. (3) No claim
for refund of a sum less than rupees one hundred 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. No vehicles or equipments or
tools or appliances or any other items shall be allowed to enter into or be
removed from the Port's berths, customs bonded areas, Container Freight Station
and such other areas as the Board may direct from time to time, without the
permission of the Traffic Manager and these vehicles or equipments or
tools-appliances or any other items which are not immediately taken out of the
Port's premises shall be liable to removal by the Port at the risk and expense
of the owners of the vehicles. (1) Any person
who, (i) cuts,
defaces or injures any mooring, rope, chain, life buoy, life line or life
saving appliances or any buoy rope or cable, or any appliance essential for the
shipping operations; or (ii) vandalises
or destroys, any of the works or property of the Board shall, without prejudice
to any penalty to which he may be liable, be required to pay the amount of
damage, repair and recovery. (2) action
shall be taken to prosecute the person referred to in sub-regulation (1) under
the Prevention of Damage to Public Property Act, 1984 (3 of 1984) or under any
other applicable law for the time in force relating to destruction of public
property. (1) No person
shall dump, deposit, abandon or cause or assist to dump, deposit or abandon any
kind of waste or pollutants on the land, property or water or air of the Cochin
Port Trust or in public place within the Port area or limit. (2) Any person
who contravenes sub-regulation (1) or any order made thereunder shall be
punishable with fine which may extend to two thousand rupees and where the
contravention or breach is continuous, with further fine which may extend upto
five hundred rupees per day of such continued offence and also liable to pay
the cost of rupees ten thousand' towards the damages caused to the Port
property, environment and human life or as determined by the Chairman,
whichever is higher. Any person who molests,
assaults, resists, hinders, obstructs, impedes or interrupts or attempts 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, shall be deemed
undesirable and his pass shall be confiscated forthwith and he shall be liable
for such other action as the Port may deem appropriate. (1) An
application for Port clearance 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 shall thereupon
grant Port clearance to such vessel: Provided, that, if it becomes
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. (2) The Customs
Department will not grant a Port clearance until a clearance certificate duly
issued by the Deputy Conservator is produced. 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 quay or on board or in the
vicinity of any vessel except in such places as may be allotted for the
purpose. - Vessels in the Port and all
parts thereof shall be held and made free and accessible to Port and Police
officials for inspection purposes whenever demanded and no person shall
disobey, any order of any police officer or members of the security department
or fire service. The board shall not be
responsible for loss or damage to goods, caused by fire, water used in
extinguishing fire, vermin, other unavoidable cause or circumstances beyond
their control. 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 and hazardous or poisonous or inflammable cargo
shall be permitted to be stored only at places earmarked for such purpose. The penalty for breach of any
of these regulations shall be ten thousand rupees and when the breach is a
continuing one, a further fine which may extend to five thousand rupees for
every day after the first during which such breach continues; except where such
penalties have been specifically provided for in these regulations. If any question arises
regarding the interpretation of these regulations, the matter shall be referred
to the Board who shall decide the same. APPENDIX A COCHIN PORT
TRUST WILLINGDON
ISLAND, COCHIN - 682 009 ISO
9001:2015 PORT TALLY
REPORT VCN Vessel IGM No. Line No. Sub Line Marks & Nos. Manifested Pkgs Manifested Tot Wt. Tally Completed Pkgs Tally Completed Tot Wt. Balance Pkgs Balance Total Wt. Grand Total: COCHIN PORT AND DOCK REGULATIONS, 2020
PREAMBLE