Government of
Office of the Commissioner of Customs
Custom House, Kandla, Phone No. (02836) 271468-9,
Fax: (02836) 271467: website
: www.kandlacustoms.gov.in
F.NO.S/01-02/2008-Appg (G) 30.01.2008
Sub: Levy of Light -dues under The
Lighthouse Act, 1927
Attention of Masters of Ships,
Owners of Ships, Ship Agents, Shipping Companies and all concerned is invited
towards levy of light-dues applicable under The Light House Act, 1927.
2. In accordance with the Gazette
Notification dated 08.09.2000, issued by
the Ministry of Surface Transport (Department of Shipping), Ships engaged in
International Trade arriving at or departing from any Indian Port are required
to pay light-dues @ Rs. 8/- per ton. Section 13 of the Light House Act, 1927
empowers the Proper Officer of Customs to recover the light-dues. As per Section 10 (2) of the Act, the
light-dues paid by a Ship are valid for 30 days. For "Ascertainment of Tonnage"
Section 12 (1) of the Light House Act, 1927 states that ' For the purposes of
levy of light-dues, the tonnage of a ship or sailing vessel shall be reckoned
as under the Merchant Shipping Act, 1958, for dues payable on a ship's tonnage including the tonnage of any space added
under the said Act to the tonnage of ships by reason of such space being
utilized for carrying cargo.'
3. As
per the prevailing practice, it is noticed that Ship Agents pay light-dues on
the NRT (Net Register Tonnage) of the Ship.
There is voluminous traffic of containers on Ships and it is noticed
that Ships carry containers in holds as well as on the deck. In terms of Section 12 (1) of the Light
House Act, 1927, Ships that utilize the open space upon deck for carrying
containers or any other cargo including the cargo at any other space utilized
in addition to NRT, shall pay light-dues
for all such spaces utilized for carrying cargo.
4. In maritime
usage Gross Tonnage (also referred to as Gross Register Tonnage GRT) means
the measure of overall size of the Ship and Net Tonnage (also referred to as
Net Register Tonnage NRT) means the volume of the cargo carrying capacity of
the Ship. The Gross Tonnage and the Net Tonnage
of the Ships assessed in accordance with International Convention of
Tonnage Measurement of Ships 1969 and entered in the International Tonnage
Certificate, 1969 (ITC, 69) or the Tonnage Certificate issued by the Registration
Authority or an Administration of a Flag State normally excludes the volume of
spaces open to weather and sea.
5.
Rule 10 read with Appendix VII of the Merchant Shipping (Tonnage
Measurement of Ships) Rules, 1987, framed under Section 74 (2) of the Merchant
Shipping Act, 1958 deals with ascertainment of tonnage in respect of 'Deck
cargo and cargo in other spaces'. Tonnage of such spaces, not included in the
computation of Net Tonnage, so utilized for carrying cargo shall be determined
and added to the Ship's Net Tonnage for the levy of light-dues. If the volume of such utilized spaces is
determined in cubic metres it shall be divided by
2.83 for arriving at the Tonnage figure and in case the volumetric capacity is
in cubic feet it shall be divided by 100 to arrive at the Tonnage figure. A sample calculation of light-dues working is
annexed to this Public Notice.
6. In case of General cargo
or any other cargo carried as Deck Cargo, or cargo carried in spaces not
included in NRT of the Ship, the volumetric capacity and tonnage of such spaces
declared by the Owner or Master of the Ship shall normally be accepted by the
Customs. For this purpose the Owner or
the Master of the Ship shall provide documentation with sufficient information
to confirm the admeasurement. If the Owner or the Master of the Ship fails
to provide adequate information to the satisfaction of the Proper Officer the
services of a Surveyor shall be availed to ascertain the tonnage and the ship
shall accept the calculation of the Surveyor. ("Surveyor" means a
Surveyor appointed under Section 9 of the Merchant Shipping Act, 1958). The expenses incurred on inspection shall be
borne by the Ship as per Section 12(3) of the Light House Act, 1927.
7. Besides other documents, Deck Cargo
declaration is provided along with the "APPLICATION FOR ENTRY INWARD"
by the Ship Agents to the Customs Boarding Officer. Hereafter, the Deck Cargo
declaration shall give details of the number of containers, sizes, inner
volumetric capacity of the containers and computed Tonnage for the purpose of
assessment of light-dues. The same
applies to the Ships leaving the Port.
The Ships shall also provide cubic capacity as well as Tonnage of the
General cargo or any other cargo carried as Deck Cargo under the ' Deck Cargo
Declaration '. The Master of the Ship
shall also provide information of any additional space other than NRT that is
utilized for carrying cargo.
8. The Owner or the Master of the Ships shall as
well pay the difference in light-dues arising within the period of 30 days on
the Ship's arrival at or departure from any Port in
9. The Owners, Masters of the Ships and
Ship Agents shall, therefore, ensure that such Ships which utilize the open
spaces on the upper deck for carrying containerized cargo or any other cargo or
utilize any other spaces, which are not included in the NRT are liable to pay
light-dues for such volume of space in addition to the light-dues they have
been hitherto paying only against the NRT of the Ship. It is a statutory requirement in terms of the
Light House Act, 1927 read with the Merchant Shipping Act, 1958 and the Rules
framed there under. In terms of Section
14 of the Light House Act, 1927 and Section 42 of The Customs Act, 1962, no Port Clearance will be granted until the
amount of all light-dues
has been paid.
[Authority: JNCH Public Notice No.09/2008 dated 17.01.2008]
sd/-
(T. JAYARAMAN)
COMMISSIONER OF CUSTOMS
KACHCHH
KANDLA
(Authority : JNCH Public Notice No. 09/2008 dtd.17-1-2008)
To,
ANNEXURE TO PN NO
06 /08
SAMPLE
CALCULATION OFLIGHT DUES
e.g.
Full Container Vessel
Total capacity 2700 TEU Containers
TEUs in
Hold 1430
TEUs on
Deck 1270
Tonnage determination for TEUs containers above the Upper Deck
1270 X 32.7 cbm = 41529 cbm
Tonnage = 41529 divided
by 2.83 =
14675.
Suppose NRT of the Ship = 16500
Add (tonnage utilization over
The Upper Deck ) + 14675
__________
Total Tonnage 31175
Light Dues payable 31175
X Rs.
8/ (As per the prevailing rate)
_________
Rs.2,49,400/-
General
cargo Vessel with capacity to carry containers or other cargo on Deck:
(i) 20 containers on
Deck - 450
(ii)
40 containers on Deck - 120
(iii)250 pkgs of dimensions (L) 10 x
(B) 4 x (H) 3 carried on deck or in other
spaces not
included in the NRT.
Tonnage
Determination of Containers :
450
X 32.7 cbm =
14715
120
X 66.3 cbm = 7956
_______
Total = 22671 cbm
Tonnage
= 22671 divided by 2.83 = 8011 ---------(A)
Tonnage
determination of 250 pkgs :
10
x4x3 = 120 cuft x 250 pkgs = 30,000 cu ft.
Tonnage = 30,000 divided by 100 = 300 ------------(B)
___________________________
Suppose
NRT of the Ship = 20500
Add
(Tonnage utilization of
Containers
on the Upper Deck)
+ 8011 ------(A)
Add
(Tonnage of 250 okgs carried on deck
Or
other spaces not included in NRT)
+ 300-------(B)
_____________
Total Tonnage 28811
Light Dues payable
28811 X Rs. 8/- = Rs.
2,30,488/-
ISO CONTAINER SPECIFICATION
|
CONTAINER TYPE |
OVERALL DIMENSONS |
CUBIC CAPACITY (INTERIOR) |
|
20 Dry |
20 x 8x % |
32.7 cbm |
|
40 Dry |
40 x 8 x 8 % |
66.3 cbm |
|
20 Reefer |
20 x 8 x 8 % |
27.7 cbm |
|
40 Reefer |
40 x 8 x 8 % |
57.8 cbm |
|
20 Open Top |
20 x 8 x 8 % |
32.4 cbm |
|
40 Open Top |
40 x 8 x 8 % |
63.5 cbm |
|
40 Dry High Cube |
40 x 8 x 9 % |
76 cbm |