(Published in Part – III Section 4 of the Gazette of India, Extraordinary)
| No. 21 |
New Delhi, the 25th February, 2000 |
Tariff
Authority for Major Ports
Notification
No.TAMP/3/2000-COPT
-
In exercise of
the powers conferred by Section 49 of the Major Port Trusts Act, 1963 (38 of 1963), the Tariff Authority for Major Ports hereby
refixes the rent for bunk measuring 3 mtr. X 2.5 mtr.
at the Cochin Port Trust retrospectively with effect from
30 December 98 as in the Order appended hereto.
Case No. TAMP/3/2000-COPT
O R D E R
( Passed on this 4th day of February 2000 )
This case relates to a proposal made by the Cochin Port Trust (COPT) for re-fixation of rent for a bunk measuring 3 mtr. X 2.5 mtr. at Rs.827/- per month in place of the Rs.1200/- per month inadvertently given in their Scale of Rates (cargo related charges) with effect from 30 December 98 as approved by the TAMP.
2.
The rent for a bunk measuring 3 mtr. X 2.5
mtr. was fixed at Rs.827/- per month with effect from 1.3.89
with the approval of the Central Government. The rent of Rs.827/- per month was enhanced to Rs.1200/- per month with effect from 1 July 96
after the approval of the Central Government. The rate was published in the Kerala Government
Gazette on 1 January 97. On a representation from the allottee of the bunk, the Port Trust, vide its Resolution No.83 dated 6 August 97, resolved to reduce the rent to the pre-enhanced
rate of Rs.827/- per month with effect from 6
August 97.
The proposal of the COPT to revert to earlier rate of rent of Rs.827/- per month was approved by the TAMP vide its
Order dated 27 March 98, notified on
13
April 98.
3.
While
sending its proposal in 1998 for a general revision of the Scale of Rates, the COPT did not propose any revision for the
bunk measuring 3 mtr. X 2.5 mtr.
The Scale of Rates (cargo related charges) of the COPT was approved by the Authority with
effect from 30 December 98; and, the COPT accordingly prepared Scale of Rates
including also all the items where no revision was ordered. In
the Scale of Rates, the lease rent for the bunk
measuring 3 mtr. X 2.5 mtr.
was wrongly given as Rs.1200/- per month
without taking into account the reduction made in our Order dated 27 March 98. In
our Notification dated 30 December 98 approving the cargo related charges of the COPT, the contents of our order dated 27 March 98
could not be included. After the issue of the Notification dated 30
December 98, the Port has brought several
amendments / modifications in their Scale of Rates which were considered later and
necessary amendments were issued on 27 September 99. However, the COPT has not brought out this mistake even
at the time of proposing several amendments / modifications in its Scale of Rates.
4.
It
has now been pointed out by the COPT that,
since the rate of rent of the bunk remained at Rs.1200/-
per month in the Scale of Rates irrespective of the amendment issued earlier, it is not in a position to charge the amended
rent of Rs.827/- per month. This
situation has led to refusal of payments by the concerned allottee of the bunk and finally
ended up in filing of a writ petition in the Kerala High Court. In
view of this situation, the port has requested
for reducing the rent of the particular bunk from Rs.1200/-
per month to Rs.827/- per month in the Scale of
Rates retrospectively with effect from 30 December 98. In
other words, we are required to maintain status
quo with reference to our Order issued on 27 March 98.
5.
This
is apparently a case of mistake inadvertently committed by the COPT while compiling its
Scale of Rates.
6.
In
view of the position stated above, it has
become necessary to make an amendment to the COPT Scale of Rates approved in case No.TAMP/4/97-COPT.
7.
In
this backdrop, and based on a collective
application of mind, the Authority hereby
reduces the rent for bunk measuring 3
mtr. X 2.5
mtr. from the present Rs. 1200/- per month to Rs.827/- per month retrospectively with effect from
30 December 98.
S.Sathyam, Chairman