The Andaman And Nicobar Islands (Compulsory Pilotage Of And Levy Of Pilotage Fees Etc. On Certain Vessels Entering Or Departing From The Port Of Port Blair) Rules, 1976
Published vide Notification Gazette of India, 1976, Part 2, Section 3(i), page 2392.
G.S.R. 1345, dated 31st August, 1976. – Whereas a draft of the Andaman and Nicobar Islands (Compulsory Pilotage of, and Levy of Pilotage Fees etc. on Certain Vessels Entering or Departing from the Port of Port Blair), Rules, 1975, was published as required by sub-section (2) of Sec. 6 of the Indian Ports, Act, 1908 (15 of 1908), at pages 318-319 of the Gazette of India, Part II, Sec. 3, sub-section (i), dated the 7th February, 1976, under the Notification of the Government of India in the Ministry of Shipping and Transport (Transport Wing) No. G.S.R.175, dated the 17th January, 1976, inviting objections and suggestions from all persons likely to be affected thereby till expiry of a period of 60 days from the date of publication of the said notification in the Official Gazette.
And whereas the said Gazette was made available to public on 18th February, 1976;
And whereas no objections and suggestions have been received from the public on the said draft;
Now, therefore, in exercise of the powers conferred by sub-section (1) of Sec. 6 of the said Act, the Central Government hereby makes the following rules, namely :
- Short title and application.– (1) These rules may be called the Andaman and Nicobar Islands (Compulsory Pilotage of, and Levy of Pilotage Fees, etc. on Certain Vessels Entering or Departing from the Port of Port Blair) Rules, 1976.
(2) They shall apply to the Port of Port Blair in the Union Territory of the Andaman and Nicobar Islands (hereinafter referred to as “the Port”).
- Prohibition of entry, movement of departure of vessels without embarking pilot on board.– No vessel of and above the measurement of 200 tonnes (hereinafter referred to as “the vessel”) shall enter into, move in or depart from the limits of the Port, without a pilot first having embarked on board, to be provided at the Port by the Conservator of the Port.
- Providing of Pilot ladder by vessels.– Every such vessel shall, while entering into or departing from the limits of the Port or while changing berth from one place to another within the said limits, provide a Pilot Ladder conforming to the specifications and requirements as laid down in the Merchant Shipping (Pilot Ladder) Rules, 1967, or any equally efficient or safe ladder, in order to facilitate the embarkation on and disembarkation from board of the Pilot.
- Restriction on entry and departure of more than one vessel at a time.– Not more than one vessel shall be allowed to enter into or depart from the limits of the port at a time. Movements of such vessels shall be regulated in accordance with the direction given to them from the Signal Tower to be provided for the purpose by the Conservator at a conspicuous place at the Port.
- Flying of National Colours etc by vessels.– Every such vessel shall, between sunrise and sunset, when entering into or departing from the limits of the Port, fly conspicuously her National Colours, appropriate signal letters and signals as prescribed in the revised International Code of Signals in force with effect from the 1st day of April, 1969, indicating the presence of a pilot on board.
- Placing of requisition for pilot by vessels.– (1) Every vessel requiring a pilot on board for entering into, moving in or departing from the limits of the Port to which these rules apply shall indicate such requirement in writing to the Conservator of the Port either directly or through her agent at least twelve hours in advance of the time schedule of such entry, movement or departure :
Provided that the time limit specified in this rule shall not apply where such entry, movement or departure, as the case may be, of a vessel has been necessitated unexpectedly, at short notice, for the safety of the vessel or any person on board such vessel of similar unforeseen emergent circumstances.
(2) On receipt of such requirements the Conservator of the Port shall arrange to provide a pilot to the vessel concerned.
- Exhibition of appropriate signals by vessels requiring pilots.– Every vessel requiring a pilot shall exhibit the appropriate signal as prescribed in the revised International Code of Signals in force with effect from the 1st day of April, 1969, indicating such requirement.
- Duty certificate for services of pilot.– (1) The Master of vessel provided with a pilot on board shall sign the Duty Certificate presented by the pilot and return the same to him prior to the disembarkation of the vessel by the pilot.
(2) The time of embarkation and disembarkation of the Pilot shall be clearly indicated by the Master of the vessel in the Duty Certificate.
[9. Fees for pilotage, mooring or unmooring.
– (1) The fees leviable for piloting vessel in and out of Harbour limits which includes services of the Port Pilots and the services of the launches with the crews, but excludes the services of tug engaged in the port operations, shall be as specified in the table below : –
||Classification of the vessels and the services
||Foreign going vessels
||Upto 300 GRT
||US$ 0.0476 GRT
||Rs.l.00 per GRT
||Above 300 GRT but not
exceeding 500 GRT
|US$ 0.0952 per GRT with
minimum of US$ 38.00
|Rs. 2.00 per GRT with minimum
of Rs. 800.00
||Above 500 GRT but not
exceeding 2000 GRT
|US$ 0.1523 per GRT
||Rs. 3.20 per GRT
||Above 2000 GRT but not
exceeding 10000 GRT
|US$ 0.1999 per GRT with
minimum of US$ 475.25
|Rs. 4.20 per GRT with minimum
of Rs. 10000.00
||Over 10000 GRT
||US$ 0.1999 per GRT
||Rs. 4.20 per GRT
(2) For piloting a vessel as cold move namely without the power of the engine of the vessels either partly or fully, in any operation, pilotage fee shall be levied at double the rate payable under sub-rule (1).
(3) For shifting a vessel from one berth and remooring it or for turning a vessel around in its berth including vessels with heavy lifts, a fee at half the rates payable for one way pilotage (mooring and unmoorings) under sub-rule (1) in respect of the berth from where shifting or turning is made shall be levied.
(4) For mooring a vessel or anchoring a vessel in the Harbour when it does not enter or leave port, a fee at half the rates payable for one way pilotage (mooring or unmooring) under sub-rule (1) shall be levied.
(5) For navigation of vessels for purposes of mooring or unmooring, anchoring, shifting or turning between 1700 hours and 0600 hours additional charges at the rate of Rs. 5.00 per GRT (US$0.2380 per GRT) shall be levied. Explanation—For the purposes of this sub-rule, the time of boarding the vessel by the Pilot shall be deemed as the commencement of navigation.
(6) A fee of Rs. 1000/- (US$ 47.619) shall be levied for each hour or part of an hour that a Pilot is kept waiting on Board any vessel at the Ports beyond thirty minutes after boarding such vessel.
(7) In the case of pilots whose services have been requisitioned under sub-rule (1) or sub-rule (2) or sub-rule (3) or sub-rule (4) or sub-rule (5), as the case may be, but not utilised shall be charged a flat rate of Rs. 3000/-(US$ 142.85).
Note — (1) Rs. 3000/- (US$ 142.85) shall be levied not only in cases of cancellations of requisitions for outward pilotage of vessels but also for the cancellation of requisitions for shifting of vessels and re-mooring, anchoring, weighing anchor or for turning a vessel around in her berth or re-mooring a vessel in the same berth due to position of heavy lifts or due to some other similar reason.
(2) The above charges are not leviable in case of cancellations caused under exceptional circumstances for reasons that could not be attributed to the Owner or vessels fault.]
[10. In Charges for port floating craft. – Tug charges for berthing, unberthing, mooring or unmooring of vessels shall be as specified in the Table below : –
||Foreign going vessels
||Vessels upto 6500 GRT
||US$ 194.50 per hour.
||Rs. 4086 per hour
||Above 6500 GRT
||US$ 194.50+US$ 0.0357 per GRT per hour over 6500 GRT.
||Rs. 4086+75 paise per GRT per hour over 6500 GRT
||(a) For salvage/towing
||US$ 2322.50 per day or part thereof.
||Rs. 48,750.00 per day or part thereof.
||(b) Motor Launch
||US$11.90 per hour.
||Rs. 250 per hour.
||(c) Pilot Boat (M.V. Dweep Sevak)
||US$68.90 per hour.
||Rs. 1450 per hour.
||(d) Water from wharf
||Muncipal rates plus 40% overhead dues.
||Muncipal rates plus 40% overhead dues.
- Birth hire charges.– (1) Masters, Owners or agents of vessels and other floating crafts approaching at or lying to or alongside any wharf, jetty, mooring, quay or similar other erection shall pay berth hire charges at the rate specified in the Table below :-
||Rates per day
|Foreign going vessels
||Upto 50 GRT
||Above 50 GRT but not exceeding 100 GRT
||1.4285+0.0178 per GRT over 50 GRT
||20.00+25 paise per GRT over 50 GRT
||Above 100 GRT but not exceeding 300 GRT
||24.99+0.035 per GRT over 100 GRT
||350+50 paise per GRT o.yer 100 GRT
||Above 300 GRT but not exceeding 1500 GRT
||Above 1500 GRT but not exceeding 6500 GRT
||107.10+0.0108 per GRT over 1500 GRT
||1500+15 paise per GRT over 1500 GRT
||Above 6500 GRT but not exceeding 12000 GRT
||161.50+0.0217 per GRT over 6500 GRT
||2250+30 paise per GRT over 6500 GRT
||Above 12000 GRT but not exceeding 18000 GRT
||280.85+0.0249 per GRT over 12000 GRT
||3900+35 paise per GRT over 12000 GRT
||Over 18000 GRT
||430.25+0.0499 per GRT over 18000 GRT
||6000+70 paise per GRT over 18000 GRT
(2) Rate of moorings or anchorage shall be charged with half of the rate of quay berth charges applicable.
(3) Vessels which are not registered under Inland Vessels Act, 1917 (Act 1 of 1917) other than Merchant Vessels and the non-commercial powered crafts belonging to the Central Government or State Government such as the launches of the defence services, the customs, the police and port health department that are plying and stationed at the port for their departmental use shall pay berth hire charges at the rate of Rs. 60/- for each day or part of a day per vessel or craft, as the case may be, for occupying any berth or wharf.
(4) Registered fishing trawlers and boats registered under Andaman and Nicobar Islands Fisheries Regulation, 1938 shall pay berth hire charges at the rate of Rs. 2/- (US$ 0.0952) per GRT per day or part thereof for occupying any berth or wharf in the port.
(5) All vessels belonging to Central Government including Naval Ships, Coast Guard vessels and vessels belong to public and private undertakings shall pay berth hire charges as per the rates specified in the Table to sub-rule (1).
(6) Any vessel which continue to occupy the berth in the wharf or jetty provided in any of such port more than two hours after completion of discharging or loading or ballasting or after expiry of notice period as may be specified by the Conservator of port by means of signal message or communication inviting to vacate such berth shall pay charges as applicable and an additional charges of Rs. 3000/- (US$ 142.85) upto 3 hours delay and Rs. 5000/- (US$ 238.10) per hour or part thereof thereafter.
(7) Andaman and Nicobar Administration owned vessels (which is foreshore or long ferry) will be charged 50% berth hire charges.
(8) The berth hire charges are applicable to all vessels actually engaged in cargo loading or unloading except designated repair berths and following rates are applicable to the vessels observed not working carg6 or idling at the berths :—
(a) upto 24 hours normal rates as applicable to the vessels plus 100% additional charges;
(b) beyond 24 hours and upto 48 hours normal rates as applicable to the vessel plus 200% additional charges;
(c) beyond 48 hours and upto 120 hours normal rate as applicable to the vessel plus 400% additional charges;
(d) for duration above 120 hours a penal flat rate of Rs. 50000/- (US$ 2380.95) is applicable for vessels upto 6000 GRT and Rs. 1.00 lakh (US $ 4762) for vessels above 6000 GRT;
(e) rates for vessels laid up or immobilised for repairs with prior permission will pay the normal rated applicable plus 25% for the first 48 hours and additional Rs. 3000/- (US$ 142.85) per day thereafter .Vessels laid up for repairs without prior permission will be charged at the rates as applicable for vessels not engaged in loading or unloading cargo with an additional penalty of Rs. 5000/- (US$ 238.10) per day.
- Beaching of vessels on undeveloped port land for repairs or lay off, the hire charges will be as given below, namely:—
(a) Vessels beached for repairs at the rate of Rs. 7/- (US$ 0.3333) per square metre per day.
(b) Vessel beached for lay off or ship breaking at the rate of Rs. 5/- (US$ 0.2380) per square metre per day for 30 days and Rs. 10/- (US$ 0.1760) per day per square metre thereafter upto 60 days. A refundable security deposit of Rs. 50000/- (US$ 2380.95) to be deposited with the Board for removal of such vessels in the event they are abandoned, by the owners, as dues for clearing the wrecks or left over on actual cost basis, the balance being refundable.
- Mode of payment.— All masters or agents or Government agencies should sign the vouchers specified for the purpose by the Conservator of Port. Payment be made either by crossed demand draft, Government cheques or by cash. In respect of foreign going vessels (including Indian flag vessels engaged in foreign trade), the charges, shall be collected in equivalent Indian rupees, by converting the US dollar rates at “Market buying” rate of exchange notified by the State Bank of India, on the date of arrival of the vessel. The charges for coastal vessels shall be recovered at trie rates notified in Indian rupees only.]