Annex-III
NEW MANGALORE PORT TRUST
SCALE OF RATES 13/6/2006
CHAPTER – I
Definitions and General Terms and Conditions
1.1. Definitions – General
In this Scale of Rates unless the context otherwise requires, the following definitions shall apply:
(i). “Coastal Vessel” shall mean any vessel exclusively employed in trading between any port or place in India to any other port or place in India having a valid coastal licence issued by the competent authority.
(ii). “Foreign - going vessel” shall mean any vessel other than coastal vessel.
1.2. General Terms & Conditions
(i). The Status of the vessel, as borne out by its certification by the Customs or the Director General of Shipping, shall be the deciding factor for its classification as ‘coastal’ or ‘foreign-going’ for the purpose of levy of vessel related charges; and, the nature of cargo or its origin will not be of any relevance for this purpose.
(ii). (a). Vessel related charges shall be levied on ship owners/steamer agents. Wherever rates have been denominated in US dollar terms the charges shall be recovered in Indian Rupees after conversion of US currency to its equivalent Indian Rupees at the Market Buying Rate notified by the Reserve Bank of India, State Bank of India or its associates or any other Public Sector Banks as may be specified from time to time. The date of entry of the vessel into the port limits shall be reckoned with as the day for such conversion.
(b). Container related charges denominated in US dollar terms shall be collected in equivalent Indian Rupees. For this purpose, the Market Buying Rate prevalent on the date of entry of the vessel in case of import containers and on the date of arrival of containers in the port premises in the case of export containers shall be reckoned as the day for such conversion of dollar denominated charges.
(iii). A regular review of exchange rate shall be made once in thirty days from the date of arrival of the vessel in cases of vessels staying in the port for more than thirty days. In such cases, the basis of billing shall change prospectively with reference to the appropriate exchange rate prevailing at the time of the review.
(iv). (a). A foreign going vessel of Indian flag having a General Trading License can convert to coastal run on the basis of a Customs Conversion Order.
(b). A foreign going vessel of Foreign flag can convert to coastal run on the basis of a Coastal Voyage Licence issued by the Director General of Shipping.
(c). In cases of such conversion, coastal rates shall be chargeable by the load port from the time the vessel starts loading coastal goods.
(d). In cases of such conversion, coastal rates shall be chargeable only till the vessel completes coastal cargo discharging operations; immediately thereafter, foreign going rates shall be chargeable by the discharge Ports.
(e). For dedicated Indian Coastal vessels having a Coastal Licence from Director General of Shipping, no other documents will be required to be entitled to coastal rates.
(v). (a). The vessel related charges for all Coastal vessels should not exceed 60% of the corresponding charges for other vessels.
(b). The cargo / container related charges for all coastal cargo / containers, other than thermal coal, POL including crude oil, Iron Ore and Iron pellets, should not exceed 60% of the normal cargo / container related charges.
(c). In case of cargo related charges, the concessional rates should be levied on all the relevant handling charges for ship-shore transfer and transfer from / to quay to / from storage yard including wharfage.
(d). In case of container related charges, the concession will be applicable on all the relevant charges for ship-shore transfer, and transfer from / to quay to / from storage yard as well as wharfage on cargo and containers.
(e). Cargo/ container from a foreign port which reaches an Indian Port ‘A’ for subsequent transhipment to Indian Port ‘B’ will be levied the concession charges relevant for its coastal voyage. In other words, cargo/ containers from/to Indian Ports carried by vessels permitted to undertake coastal voyage will qualify for the concession.
(f). The charges for coastal cargo/ containers/ vessels shall be denominated and collected in Indian Rupee.
(vi). Interest on delayed payments/refunds:
(a). The user shall pay interest at the rate of 12.25% per annum, on the delayed payments of any charge under the Scale of Rates.
(b). Likewise, the Port Trust shall pay penal interest at the rate of 12.25% per annum on delayed refunds.
(c). The delay in refunds will be counted beyond twenty days from the date of completion of services or on production of all the documents required from the user whichever is later.
(d). Delay in payments by user will be counted only 10 days after the date of raising the bills by NMPT. This provision will, however, not apply to the cases where payment is to be made before availing the services/use of port properties as stipulated in the MPT Act. 1963 and/or where payment of charges in advance is prescribed as a condition in the Scale of Rates.
(vii). No refund shall be made unless the amount refundable is Rs.100/- or less. Likewise, NMPT will not raise any supplementary or under charge bills, if the amount due to port is Rs. 100/- or less.
(viii). All charges worked out shall be rounded off to the next higher rupee in each category.
(ix). (a). The rates prescribed in the Scale of Rates are ceiling levels; likewise, rebates and discounts are floor levels. The NMPT may, if they so desire, charge lower rates and/or allow higher rebates and discounts.
(b). The port may also, if they so desire rationalise the prescribed conditionalities governing the application of rates prescribed in the Scale of Rates if such rationalisation gives relief to the users in rate per unit and the unit rates prescribed in the Scale of Rates do not exceed the ceiling level.