0% found this document useful (0 votes)
135 views35 pages

Lakshadweep Development Corporation Limited: WWW - Ldcl.nic - in

The document announces an electronic tender for experienced ship management companies to deploy qualified masters and officers aboard Lakshadweep Development Corporation Ltd.'s vessel Kavaratti. Interested parties must purchase the tender document for Rs. 1,180 and submit a refundable earnest money deposit of Rs. 6.5 lakhs to be considered. The technical bid will be opened on April 13, 2018 at 3:00 PM with the price bids of qualified companies opened at a later date. The contract will initially be for two years with an option to extend one additional year.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
135 views35 pages

Lakshadweep Development Corporation Limited: WWW - Ldcl.nic - in

The document announces an electronic tender for experienced ship management companies to deploy qualified masters and officers aboard Lakshadweep Development Corporation Ltd.'s vessel Kavaratti. Interested parties must purchase the tender document for Rs. 1,180 and submit a refundable earnest money deposit of Rs. 6.5 lakhs to be considered. The technical bid will be opened on April 13, 2018 at 3:00 PM with the price bids of qualified companies opened at a later date. The contract will initially be for two years with an option to extend one additional year.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 35

LAKSHADWEEP DEVELOPMENT CORPORATION LIMITED

(A Govt. of India Undertaking)


27/1038 B, Panampilly Nagar, Cochin – 682 036, India
Phone: 0484 - 2323448/2323458 Fax No.0484-2322924
E-Mail: amindivi@asianetindia.com
Website: www.ldcl.nic.in
Dated : 25.01.2018
e-Tender Notice
Tenders for submission through Electronics tendering are invited from experienced,
resourceful and bonafide ship management companies for deployment of qualified
Master/Officers on Lakshadweep Development Corporation Ltd (LDCL) operated vessel
Kavaratti owned by the Union Territory of Lakshadweep Administration. Tender
documents can be downloaded from website: www.tenderwizard.com/UTL after remitting
the cost of tender of Rs.1,180.00 (non-refundable) in favour of LDCL, before the closing
date for request of tender form. EMD for the tender is Rs. 6.5 Lacs. Cost of Tender
document and EMD amount is to be remitted by NEFT Challan in favour of Lakshadweep
Development Corporation Ltd, Account No: 43011010000766 of Syndicate Bank,
M.G.Road, Ernakulam, Kochi-682035 IFSC Code: SYNB0004301, MICR Code:
682025005.
Tender Information

Tender Number S/KVT/Mgmt/2018


Date of issue of Tender Documents through 23.03.2018 from 10.00 AM
online
to 13.04.2018 02.00 PM
Pre-Bid Meeting 02.04.2018 at 02.30 PM
Tender closing date & time 13.04.2018 at 02.00 PM
Tender Opening date & time (Technical Bid) 13.04.2018 at 03.00 PM
The date & time for opening the Price Bid will be intimated separately by e-mail to the
successful bidders in the Technical Bid.
For any help in e-tendering, please contact M/s. KEONICS e-tender help Desk:
080-40482000

Managing Director
LAKSHADWEEP DEVELOPMENT CORPORATION LTD.
(A Govt. of India Undertaking)
27/1038 B, Panampilly Nagar, Ernakulam
Kochi - 682 036. E-mail :-amindivi@asianetindia.com
Website www.ldcl.nic.in
Tender No. S/KVT/Mgmt/2017 Dated.25.01.2018
TENDER ENQUIRY
E-tenders are invited from experienced resourceful and bonafide ship management
companies for deployment of qualified Master /Officers on LDCL operated vessel’s
Kavaratti owned by Union Territory of Lakshadweep.
The tender shall be submitted in two bid system viz, Technical Bid and Price Bid. The
tender shall be submitted strictly in accordance with the instructions, terms and conditions
given in the tender document. Deviations are generally not acceptable but if any, shall be
indicated clearly and conclusively in the list of deviation specified in tender document.
The last date and time for submission of tender and the opening of technical bid is given
on the cover page. Bidders are requested to carefully read the tender document before
submitting the tender.
Managing Director
Enclosures:
1. Introduction - Annexure-I
2. General Rules and Conditions - Annexure-II
3. Technical Bid - Annexure-III
4. Model Contract for Deployment of Officers to be signed by the successful bidder with
LDCL -Annexure-IV
5. The model declaration to be signed by the Masters & Officers on their deployment -
Annexure V
6. The personal details verification form to be provided by the Master & Officers on their
deployment - Annexure VI
7. Model letter to be provided from Bank ensuring the OCC/OD to the bidder for meeting
working capital requirement of the vessels as per tender requirements - Annexure- VII
8. Price Bid - Annexure- VIII
9. Particulars of vessels – Annexure- IX

2
ANNEXURE- I
LAKSHADWEEP DEVELOPMENT CORPORATION LTD.
(A Govt. of India Undertaking)
27/1038 B, Panampilly Nagar, Ernakulam
Kochi - 682 036. E-mail :-amindivi@asianetindia.com
Website: www.ldcl.nic.in
Tender No. S/KVT/Mgmt/2017 Dated 25.01.2018
INTRODUCTION

The Administration of Union Territory of Lakshadweep (UTLA) has authorized


Lakshadweep Development Corporation Limited (LDCL) to operate its fleet of vessels. The
LDCL intends to appoint a Manning Contractor for deployment of qualified Master/Officers
on these LDCL operated vessels, owned by UTLA, through competitive bidding system.
The period of agreement shall be valid for a maximum period of three years from the date
of award of contract as follows: (i) the initial period of contract would be 02 years from the
date of award; (ii) the LDCL would reserve the right to extend the period of contract for a
maximum period of one year in public interest on the same terms and conditions.
Tenderer must be conversant with the requirements and the prevailing maritime
regulations regarding the employment of officers on Indian flag vessels.
Tenderer is expected to understand the requirements and scope of Merchant Shipping Act
1958 (Govt. of India) and subsequent amendments, STCW-2010 conventions, INSA- MUI
Agreements (both the prevailing agreements and the new agreements coming into force
during the currency of the contract), MLC 2006 (and other conventions and protocols
ratified by the Government of India time to time during the currency of contract) ISM and
ISPS codes and other rules relating to employment of seafarers.
Tenderer shall be conversant with the prevailing regulations regarding seamen provident
fund, welfare fund and gratuity and comply with them.
Tenderer shall handle all such matters relating to the ship staff for computing & payment of
wages, allowances, re-imbursements if necessary as authorized by the LDCL and
maintain the article of agreement for all categories.

For Lakshadweep Development Corporation Ltd.

Managing Director

3
ANNEXURE-II
LAKSHADWEEP DEVELOPMENT CORPORATION LTD.
(A Govt. of India Undertaking)
27/1038 B, Panampilly Nagar, Ernakulam
Kochi - 682 036. E-mail :-amindivi@asianetindia.com
Website www.ldcl.gov.in
TENDER FOR DEPLOYMENT OF OFFICERS ON KAVARATTI
GENERAL RULES AND CONDITIONS

1. Tenders shall be submitted through e-tender only.


2. An Earnest Money Deposit (EMD) amount is Rs.6.5 Lacs should be remitted
by NEFT Challan in favour of Lakshadweep Development Corporation Ltd,
Account No: 43011010000766 of Syndicate Bank, M.G.Road, Ernakulam, Kochi-682035
IFSC Code: SYNB0004301, MICR Code: 682025005. The E.M.D. of the successful bidder
will be returned after execution of the Bank Guarantee and the EMD to the other bidders
will be returned on finalization of the bid.
3. Experience and qualifications of the tenderer :-
Essential:
a. The tenderer must have valid Recruitment and Placement Service License (RPSL)
as stipulated by DG Shipping, Govt. of India.
b. The tenderer must have necessary experience of Manning / Management of
minimum 1 ocean going vessel of above 300 GRT for last three years. As regard to
bidders those who only apply for High Speed Crafts must have experience of
minimum 1 ocean going vessel of above 100 GRT for last three years.
c. The successful bidder to set up a proper functional office within Kochi city limits for
administrative convenience within one month of award of the Manning Contract and
the said office should be functional throughout the tenure of the contract. It is
essential that such office should be managed by an experienced person in the field
of manning and ship operations.
4. The tender is required to be submitted online only at www.tenderwizard.com/UTL in
two parts:-
i. Technical bid
ii. Price bid
5. TECHNICAL BID:-
Documents to be uploaded in the Technical Bid:
i. Duly filled Technical Bid as per Annexure III.

4
ii. Scanned copy of the following documents:
a. Copy of NEFT Challan for Rs. 6.5 Lacs towards EMD remitted.
b. Copy of NEFT challan for Rs. 1,180.00 (Rupees One Thousand One Hundred
and Eighty only) towards cost of tender document.
c. Document reflecting status of the firm (Public Ltd/Private
Ltd/Proprietorship/Partnership/LLP/any other)
d. Valid RPSL as stipulated by DG Shipping, Govt. of India.
e. Proof of experience – Manning of minimum 1 ocean going vessel of above 100
GRT for one year during last 5 years.
f. Audited Profit & Loss A/c and Balance Sheet for the years
2014-15, 2015-16 & 16-17.
g. List of Manning Contractor’s office staff with their experience.
h. Power of Attorney given in favour of the authorized person for signing the
contract.
i. Copy of Pan Card of the tenderer.
j. Copy of GST registration Certificate of the tenderer.
k. Letter from Bank ensuring the OCC/OD to the bidder for meeting working capital
requirement of the vessels as per tender requirements - Annexure- VII
l. Any other details desired elsewhere in the tender document
6. PRICE BID:
The Price Bid shall be conclusive of the following:-

Consolidated Management Fees (per month per vessel) for deployment of officers and the
scope of wage administration and maintenance of Seamen’s Provident Fund, Seamen’s
Welfare Association Fund, Ship’s Article of Agreement, endorsement of Change of
Command, etc as required by the LDCL of the crew recruited by the LDCL is also to be
included in the said Management Fees.
The rates are to be indicated in figures as well as in words. The amount in words only will
be taken into account in case of any variation.

NOTE:
Please refer to the model Contract to be signed by the successful bidder with LDCL
and the declaration to be obtained from the Masters& Officers on their deployment
before filing the Technical bid and Price Bid.

Tenderers are not allowed to change the format of Technical Bid and Price Bid. Any
structural change in Technical Bid or Price Bid format will lead to disqualification of the
concerned Tenderer.

5
7. Tenderer shall keep their Price Bid valid for a period of 90 days from the date of opening of
the Price Bid. Tenderer shall have no right, whatsoever, to withdraw or to modify the Price
Bid in any way during this period. If they do so, EMD paid by them will be forfeited. The
date of award of the contract will be at the sole discretion of LDCL. It is to be noted that, in
case the finalization of tender is not done beyond above said time frame for want of any
clarification from the part of the successful bidder, such bidder must not back out from the
tender stating the lapse of permissible time frame for keeping the validity of the quoted
price, if the bidder resort to such practice the EMD will be forfeited on the ground of
vitiating tender process.
8. The tenderer must consider all financial and other impacts forthcoming as regard to tender
under consideration including but not limited to potential increase in the emoluments and
changes in the facilities to be extended to the seafarers during the currency of the
proposed contract. It is to specially note that a fresh agreement of INSA- MUI is scheduled
to be implemented in the year 2018; the projected escalation in the emoluments due to the
same should be extended to Seafarers by the successful bidders.
9. The tenderer shall submit a letter from the bank of the bidder detailing total OCC/OD limit
available to the bidder and the validity of the same (the facility must be valid for throughout
the period of contract as per this tender). The letter should be produced as per the format
provided at Annexure- VII.
10. The approximate working capital requirement per month requisite for the vessel
# Particulars Rs.
1 Manning fee per month 22,05,000.00
2 Approximate emoluments of the crew per month including 37,83,629.00
victualling allowances, other allowances and 10% contingency
Total 59,88,629.00
11. The tenderer must possess a total exclusive OCC/OD limit from banks towards working
capital to meet the working capital requirement of the tender. The insufficient OCC/OD
limit will be treated as a technical disqualification. It is to be noted that the assessment of
OCC/OD limit will be calculated as per the method detailed below:
i. Total approximate working capital requirement requisite for a vessel or vessels as per
total value detailed at Clause 10.(A)
ii. Total value of OCC/OD limit available to tenderer as per the letter submitted by them
as per Annexure- VII.(B)
In order to qualify for the bid the tenderer must possess OCC/OD limit (B) Equal or
greater than the total working capital requirement (A).
Note: The bidder must declare in the technical bid document that the names of
vessel(s) for which the bidder has submitted the price bid.
6
The approximate working capital required for a vessel = Sum of corresponding projected
expenditure provided at Clause 10. The bidder must possess the sufficient OCC/OD limit
to meet the projected working capital requirement for the vessel(s) for which the bidder
has intended to submit the price bid in this tender. It must be specially noted that in the
case of a bidder who is participating for multiple vessels, such bidder must meet the
projected working capital requirement for all the vessels by way of the OCC/OD limit as
per the clause 9 of this tender. If on technical scrutiny it is found that the OCC/OD limit is
not sufficient to meet the projected working capital requirement for all the vessels (for
which such bidder is intended to submit the price bid) such deficiency will be considered
as technical disqualification.
12. It is proposed to hold a pre bid discussion with all the bidders at LDCL Office, 27/1038B,
Panampilly Nagar, Ernakulam, Kochi-682036 at 02.30 P.M. on 02.04.2018 to clarify any
doubts raised by the eligible bidders. The tenderers are advised to examine the tender
document carefully and if there be or appear to be any ambiguity and / or discrepancy in
documents or any clarification is needed on the tender document or if they require any
clarification with regard to tender, these should be referred to LDCL in writing at least one
day prior to the date of pre bid meeting before 02.30 PM. Further, it is to be noted that no
queries / clarifications will be entertained after that time. The firms intending to attend the
pre-bid meeting would need to deposit a signed copy of the valid RPSL License of the firm
they are representing along with the authorization letter, one day prior to the date of pre-
bid meeting before 02.30 P.M.
13. In case an unscheduled holiday is declared on the prescribed closing / opening day of the
Technical Bid, the next working day will be treated as the scheduled prescribed day of
closing / opening the Technical Bid.
14. At the time of bid opening, the LDCL will permit one authorized representative of each
bidder to be present provided such representative produces a letter duly signed by the
bidder authorizing him to be present on behalf of the bidder.
15. Technical Bids will be opened and scrutinized first. The LDCL reserves the right to open
the Price Bid of only such tenderers who are found to be technically qualified on scrutiny of
the Technical Bids. The decision of LDCL in this regard shall be final and binding on the
tenderers. The Price Bid of the tenderer whose Technical Bid is not qualified will neither be
opened nor returned to the bidder.
16. The LDCL reserves the right to accept, negotiate or reject any tender and to cancel the
bidding process and reject all tenders at any time prior to award the contract without
assigning any reason and thereby absolve any liability to the affected tenderers and no
correspondence in this regard will be entertained. 7
17. For clarification on qualification of officers to be deployed, the monthly emoluments
(wages and allowances) to be paid to the officers, maximum age limit of officers to be
deployed, bank guarantee to be produced by successful bidder, liquidated damages,
percentage of reduction / increase in the Management Fee, please refer to the Model
Contract for Deployment of Officers to be signed by the successful bidder with LDCL
(Annexure IV) and the declaration and personal details verification form to be provided by
the Master & Officers on their deployment - (Annexure V & VI).
18. The bidders should adhere to the conditions stipulated in the tender document and
deviation whatsoever will not be entertained.
19. The bidder should include all costs whatsoever in the price quoted by them. Under quoting
and further negotiation for more payment will not be entertained.
20. The successful bidder to set up a proper functional office within Kochi city limits for
administrative convenience within one month of award of the Manning Contract and the
said office should be functional throughout the tenure of the contract. It is essential that
such office should be managed by an experienced person in the field of manning and ship
operations.
21. It is to be noted that the scope of wage administration/disbursement of emoluments to
Crew recruited on board vessels by LDCL and the statutory remittance in this connection
will also be the responsibility of the successful bidders. All expenses in this regard will be
reimbursed by LDCL upon submission of the bills/proof of remittance thereof.
22. In case, if LDCL decides to engage any of the officers on board directly the deduction in
the management fee will be in accordance with the Schedule 1 of the model contract
attached to this agreement.
23. It is to be noted that the Bank Guarantee amount will be calculated in accordance with the
total value of the contract per vessel for the initial contract period of two years.
24. AMENDMENT OF TENDER DOCUMENT: The LDCL reserves the right to modify or
amend any of the terms and condition of the tender document, based upon the discussion
in the pre-bid meeting or at their own initiative. The amendments in the form of addendum
will be posted on the website www.tenderwizard.com/UTL within 3 days prior to the tender
closing date and time. All the bidders who have uploaded the Tender Document are free to
resubmit their tender documents after incorporating corrections in tune with the
modifications before the tender closing date and time. No separate notice / intimation of
amendments / modifications will be sent as far as these amendments are concerned. The
LDCL at their discretion can extend tender closing date and time for the submission of
Tenders to enable prospective tenderers to take the amendment into account while
preparing the Tender.
8
25. CONTACT PERSON:
The General Manager (LDCL)
27/1038 B, Panampilly Nagar,
Ernakulam, Kochi - 682 036.
OR
The Public Relations Officer (LDCL)
56/2366, Panampilly Nagar,
Ernakulam, Kochi – 682 036.

9
ANNEXURE-III
LAKSHADWEEP DEVELOPMENT CORPORATION LTD.
(A Govt. of India Undertaking)
27/1038 B, Panampilly Nagar, Ernakulam
Kochi - 682 036. E-mail :-amindivi@asianetindia.com
Website www.ldcl.gov.in
TECHNICAL BID
1 EMD Details :
2 a. Name of the Tenderer :
b. Registered Office Address with Tel No.'s :
c. Kochi Office Address (if any) with Tel No.’s :
3 Status of the Tenderer (Public Ltd/Pvt
Ltd/Proprietorship/Partnership/LLP/any :
other) (attach copy of the document)
4 Name and Address of the Partners/Managing
:
Director/Proprietor, as the case may be
5 a. Recruitment and Placement Service License
(RPSL) No. :
b. RPSL Valid Up to :
6 Total number of years of Experience of
Manning/Management of Vessels (Vessel
:
Name, GRT, Name of Vessel
Operator/Owner, etc)
7 Audited Profit & Loss A/c and Balance Sheet
for the years 2014-15, 2015-16 & 2016-17
(attach copy)
8 Copy of GST registration Certificate of the
tenderer.
9 PAN No. of the Tenderer (attach copy) :
10 Letter from bank of the bidder detailing total
OCC/OD limit available to the bidder and the
validity of the same (the facility must be valid
for throughout the period of contract as per
this tender). The letter should be produced
as per the format provided at Annexure- VIII.
11 Name, Designation & Address of the
Authorized Signatory of the Tender
:
Documents (Attach Power of Attorney as the
case may be)
12 The name of vessels for which you have
submitted the price bid
Certified that the details and documentary proof / evidences given above are true and correct.
Further details, if any, required shall be submitted for verification, if so requested for at any
stage.
10
ANNEXURE-IV
AGREEMENT FOR DEPLOYMENT OF MASTER/OFFICERS
ON KAVARATTI
THIS agreement is made on this …………th day of …………., Two Thousand and
Eighteen between the Lakshadweep Development Corporation Ltd. having their
Registered Office at Botanical Gardens, Kavaratti – 682 555, U.T. of Lakshadweep and
Corporate Office at 27/1038 B, Panampilly Nagar, Ernakulam, Kochi – 682 036, Kerala,
represented by the General Manager, hereinafter referred to as LDCL and
…………………… having their Registered Office at ……………………………………
represented by the ……………… hereinafter referred to as “THE MANNING
CONTRACTOR” (who will provide suitable Master/officers to operate the vessel) which
expression shall mean and include its successors.

WHEREAS the LDCL, a Government of India Undertaking, under the Union Territory of
Lakshadweep Administration (UTLA) is incorporated to carry out the business of operation
of ships and to act as pure agents for operation and maintenance of fleet of vessels owned
by UTLA and

WHEREAS the LDCL had floated open tenders inviting qualified Manning contractor to
submit their tenders and

WHEREAS on the valuation of tenders the LDCL had offered the tenders to
………………….. and

WHEREAS ……………………... has accepted the tender as offered by the LDCL and

WHEREAS the LDCL desires the “Manning Contractor” to provide the qualified Master
& officers to operate the vessels at all times as instructed by LDCL during the tenure of the
contract.

NOW THEREFORE, in consideration of the promises and the mutual covenants,


hereinafter set forth by the parties it is hereby agreed as follows:
1. DEFINITIONS:
In this Agreement, unless context otherwise requires.

1.1 “ANNUAL CONTRACT VALUE OR ANNUAL RATE”


Means, the amount payable for 12 calendar months on the basis of monthly rate
payable to the Manning Contractor fixed in accordance with this agreement for
this vessel.
1.2
a. “CARGO BARGE” means vessel designated for carriage of various cargo. 11
b. “HIGH SPEED CRAFT” means vessel designated for carriage of passengers
and comes under HSC code 2000.
c. “LPG CYLINDER CARRIER” means vessel designated for carriage of LPG
cylinders / oil barrels.
d. “OIL BARGE” means vessel designated for carriage of fuel oil.
e. “PASSENGER VESSEL” means vessel designated and used for carriage of
passengers and cargo.
f. “TUG” means an ocean going tug with 10 T Bollard Pull
1.3. “COMMENCEMENT DATE”
means the date on which the Manning Contractor’s Master /officers report
onboard the vessel at any Indian port including Lakshadweep Island ports, as
decided by the Department of Port Shipping and Aviation of UTLA (here in after
referred to as PSA) or LDCL.
1.4. “CONFLICT BETWEEN SCHEDULE AND PRINCIPAL TEXT”
It is not intended that there be any conflict between this Agreement and the
Schedules attached hereto, but in the event that there is any conflict between the
Principal text of the Agreement and the Schedules, the Principal text will prevail.
1.5. “DAY”
means a calendar day of twenty-four (24) consecutive hours beginning at 00.00
hrs (midnight) IST.
1.6. “DAY RATE”
means, the Management Fee payable to the Manning Contractor per day which
is arrived at by dividing Monthly Rate by 30.
1.7. “DEVIATION”
means, variation from the requirement stipulated for deployment of officers on
board in this agreement. Any other dispensation taken from MMD / DG Shipping
will be considered as a deviation.
1.8. “EMOLUMENTS”
means, wages and allowances including victualling payable to the Master &
officers by the Manning contractor in accordance with the appointment order
which will have to be issued in accordance with the relevant terms and conditions
of this agreement.
1.9. “HEADINGS”
The headings in this Agreement are inserted for the sake of convenience only
and shall be ignored in construing this agreement.

12
1.10. “MANAGEMENT FEE”
Means, Consideration payable to Manning Contractors by LDCL for service
rendered by them in accordance with this agreement.
1.11. “MONTHLY RATE”
means, the Management Fee quoted by the Manning Contractor and approved
by LDCL for one calendar month, for a vessel, in accordance with the terms and
conditions of this agreement.
1.12. “PERIOD OF THIS AGREEMENT”
This Agreement shall be valid for a maximum period of three years from the date
of submission of bank guarantee, i.e. from ………. as follows:
i. The initial period of contract shall be 06 months from the date of submission
of bank guarantee, i.e. from ………..;
ii. The LDCL reserves the right to extend the period of contract for a maximum
period of one year in public interest on the same terms and conditions.
The invoicing of the management fee will be applicable from the actual date of
takeover of the vessel, i.e.,……………….
1.13. “SINGULAR/PLURAL WORDS”
Save where the context otherwise requires, words imparting singular number
shall include the plural and vice versa and words imparting neutral gender shall
include masculine or feminine gender.
1.14. “VESSEL OPERATIONS”
Means various works to be performed by the vessel’s Master & officers along
with the crew and in locations as decided by PSA from time to time along with
regular maintenance and any repairs required from time to time.
1.15. “PURE AGENT”
Means the meaning assigned as per explanation in Rule 33 of CGST rules, 2017.
1.16. “PAYMENTS BY LDCL TO THE MANNING CONTRACTOR”
The LDCL will make payments to the Manning Contractor for the service
rendered by them in accordance with this agreement in the following manner.
1.17. “MONTHLY PAYMENT”
LDCL will pay Manning Contractor a lump-sum amount per month on aggregate
basis for the days the vessels are manned properly with the required full
complement of officers on completion of each calendar month as follows:
i.Fixed Rate Payments (including cost for wage administration of crew)
 Management Fee of Rs. ………./- (Rupees …………………… only) per
month plus GST as applicable
13
ii.Variable Rate Payments
The variable payments (expenses related with Survey & Audit including survey
fees, travel, boarding & lodging of surveyors, Co-ordination charges for licenses
/certificates from DG Shipping / MMD and other agencies, any other work
connected with vessel operation when called upon to perform) if any, made by
the Manning Contractor shall be done only with prior approval of LDCL and will
be paid at actuals.
Note :- (A) The payment shall commence from the day the officers are deployed as
per the directives of the LDCL at the designated yard/port.
(B) In case of the complement of Master & officers onboard is reduced or
increased, then the Management Fee would be reduced or increased, as
applicable, as per calculation to be done in accordance with Schedule 1.

2. “MANNING CONTRACTOR’S DUTIES/OBLIGATIONS”:-


The Manning Contractor’s duties and obligations shall include the deployment of
officers, the proper monitoring of the deployed officers with regards to safe operation,
repair and maintenance of the vessel with a view to provide logistic support and
services to UTLA vessels (as per clause 5 of this agreement) and wage administration
of crew recruited as detailed below:
a. The primary object of this agreement is to deploy the mandatory STCW 2010
qualified Masters & officers to operate Kavaratti for carriage of passengers and
cargo anywhere in India including Lakshadweep group of Islands. It is also the
responsibility of the Manning Contractors to deploy such qualified officers on board
vessel in case situations arise in the future in which the vessel has to travel outside
territorial water of India. Operation of the vessel shall be as per the cruise plan
scheduled and as per the instruction of PSA/LDCL from time to time. The vessel shall
be made available for operations to the PSA / LDCL at all times. Manning Contractor
has to ensure that there will be no shortfall of the Master & officers at any time during
the period of contract, except when the LDCL instructed to do so. The Manning
Contractor shall be required to confirm the availability of Officers on board the vessel
as required by Merchant Shipping Act, 1958 and subsequent amendments, STCW
2010 convention and /or relevant National / International Maritime Acts as applicable
to provide uninterrupted service of the vessel round the clock throughout the period
of this Agreement or any extension thereof. Any subsequent mandatory conditions
stipulated by the statutory authorities will have to be carried out at the expense of
Manning Contractor and the LDCL will not be responsible for such conditions
affecting the status and qualification of officers. The Master & officers posted shall14
be experienced, trained, medically fit and competent to man, operate and maintain,
supervise, repair and carry out ship operation, to the satisfaction of PSA/LDCL and
also must invariably be in possession of requisite valid certificate of competency for
that ship in accordance with the applicable law enforced by the Government of India
or equivalent certificate from any other country recognized and approved by the
Government of India to meet any eventuality that may arise on board the vessel or
otherwise. Only efficient and quality Master and Officers are to be deployed on board
vessels of LDCL by the successful bidder. No compromise will be made on the same.
Note: Prohibition of Narcotic drugs and Alcohol:
The Consumption of alcohol and narcotic drugs is prohibited in the Union Territory
of Lakshadweep and in the vessels owned by UTLA. Hence, possession and use of
any narcotic drug and alcohol is strictly prohibited on all the vessels operated by
LDCL. It will be the duty and responsibility of Master and officers to prevent such
activities, the matter shall be reported to the Police either at the departure Port or at
the arrival as the case may be.
The Manning Contractor will have to ensure that the Master & Officers are not
carrying or using Narcotics drugs or Alcohol while they are on board the ships. Any
violation in this regard by the Master or Officers will invite prosecution proceedings.
b. It is responsibility of the Manning Contractor to carry out Medical tests/checkups
requisite to ensure the medical fitness of the personal to be deployed on board
vessel must be carried out by doctors approved by LDCL.
c. In respect of the Master & Officers deployed by the Manning Contractor, the Manning
Contractor shall exclusively own complete liability for their salaries, victuals, medical
facilities, accommodation and any other requirement pertaining to them, including but
not limited to their transport onshore/offshore, welfare expenses as well as their
medical reimbursements including medical fitness certificate and alcohol test as per
ILO norms, personal protection gear, uniforms, insurance, etc. The Manning
Contractor should also have to arrange medical facility for the Merchant Navy Officer
deployed by them throughout their contract period.
d. In the performance of its obligations under this Agreement, the Manning Contractor
shall be deemed to be an independent Manning Contractor. Neither of their
employees nor Master & officers deployed by the Manning Contractor shall be
deemed to be servants/agents/ employees of LDCL, under any circumstances.
e. The deployed officers of the Manning contractor along with crew shall carry out all
related jobs required to operate the vessel which will include machinery and
equipment maintenance, inter-alia navigation maintenance, receiving water, fuel,
15
store, handling lifting gears and job warranted by the circumstances.
f. PSA/LDCL may station the vessel at any Indian port for any period within the
currency of the Agreement adhering to the cruise plan projected for the vessel.
Manning Contractor shall be responsible for manning operation of the vessel from
such port(s) without any extra cost to the LDCL. In the event of the vessel proceeding
to foreign port(s) in connection with any repair work as directed by the LDCL,
payment terms and value of the contract will not be altered. However, if there is any
considerable variation in victualling expenses, the differences will be re-negotiated.
But this is not applicable to transit passages through foreign waters.
g. All Masters & officers will have to be deployed by Manning Contractor at their own
cost on commencement of the contract, as directed by LDCL, at Kochi/any other
Indian Port including Lakshadweep Islands.
h. The Manning Contractor will be responsible for the wage administration, maintenance
of Seamen’s Provident Fund, Seamen’s Welfare Association Fund, Ship’s Article of
Agreement, endorsement of Change in Command etc. as required by the LDCL of
the crew recruited by the LDCL. The wages and allowances of the crew will be fixed
by the LDCL. To ensure smooth operation of the LDCL operated vessels, the
Manning Contractor shall pay the monthly emoluments directly to the Merchant
Navy Officers & crew positively on or before the 1st working day of the subsequent
month and then submit the portage bill at the earliest, but not later than 15th Day of
the Month, for reimbursement/remittance of management fee from LDCL before last
working day of that month, for all undisputed amounts. For any delay in payment of
the monthly emoluments to Master & crew, the LDCL reserves a right to impose
penalty of Rs. 10000/- per day per vessel for the first 4 days and Rs. 15,000/- per day
per vessel subsequently till the payment is made. In case the payment is made
before that period by the LDCL to the crew on the ground that the Manning
Contractor has failed to make the monthly payment in reasonable time period, then
an additional penalty of Rs. 50,000/- per vessel will be imposed on the Manning
Contractor for that month. The above penalty will be deducted from the Management
Fee payable to the Manning Contractor.
i. The Manning Contractor has to ensure that the Master & Officers deployed on board,
comply with the standing orders issued by the LDCL from time to time. All officers
should strictly adhere to the LDCL’s Safety & Environmental Protection Policy and
any other standing orders and duties assigned in the ISM manual and/or ISPS code.
j. The Manning Contractor will be responsible for ensuring that all Masters & officers
deployed on board should follow safety working practices in accordance with the
16
ISM manual at all times while on board and that the Master will execute the
programmes of the vessel in accordance with the instructions from PSA/LDCL.
k. The Master should ensure that shore leave shall be granted to the officers and crew
considering the work schedule of the vessel and the safety of the vessel should not
be affected by granting such shore leave. It is also to be ensured that not less than
50% of the total complement should be available onboard. At least two officers one
each from deck side and engine side from top four officers should be available
onboard. Master should take Shore Leave only with the concurrence of the
concerned Marine Superintendent. Any violation of these would be considered as an
absence from work with provision to reduction as per Schedule I of this contract.
l. On board maintenance of machinery is responsibility of the Master & Officers
deployed on board vessels and the same should be strictly adhered to, any fault in
the same if reported by any officer onboard or any officer of LDCL will be strictly
viewed and punitive actions will be initiated as per appropriate clause in the contract.
m. Manning Contractor should ensure that replacement of Master & officers as per
requirements of LDCL should be carried out as per the contractual terms.
n. Manning Contractor should ensure that medical fitness certificate from LDCL
approved medical practitioner in case of Master and Chief Engineer above the age of
60 years should be obtained and the same is placed along with the all other requisite
documents forwarded to LDCL for verifying the credentials of the Merchant Navy
Officer. In such cases it is also mandatory to ensure that the entire test required to be
carried has been performed before recommending them for on board deployment.
o. If onboard accommodation is not possible for any reasons the Manning Contractor
should provide appropriate accommodation and transportation to the officers
deployed on board as per their rank eligibility.
p. It is the primary responsibility of Manning Contractor to upkeep the reputation of the
LDCL in all their actions. The Manning contractor should ensure that all issues
thereby arising during the tenure of this contract should be addressed to LDCL first
before projecting it to any other authority. Any lapse in this regard will be viewed
seriously and the same will lead to serious actions such as barring from
present/future contracts of LDCL.
Note: The scope of work within the reasonable limits of this contract can be extended
as per the operating requirement without any increase in the Management Fee.
q. It is the responsibility of the Manning Contractor to ensure accommodation and all
other allied facilities to the Master and Officers in the Islands and as well as in
Mainland as the HSCs are not provided with the accommodation facilities on
17
board.
r. On expiry of the Contract period or termination of Contract by notice the Manning
Contractor shall submit a certificate from the PF Commissioner regarding the No due
status of the Manning Contractor as regard to PF remittance during the currency of
the contract.
s. Manning Contractor shall strictly adhere to provisions of MLC 2006 and subsequent
amendments in this regard.
3. DEPLOYMENT OF MASTER & OFFICERS
i. The Manning Contractor has to deploy qualified Masters & Officers on Kavaratti.
ii. The details of Officers to be deployed by Manning Contractor in Kavaratti shall be
as follows:
# Name Qualification Max Experience No.
Age
1 Master Master (FG) 65 Master must have 2 years 1
rank experience. If no sector
experience then parallel
sailing is mandatory OR
Master ticket holder should
have sector experience as
mate for at least 1 year.
2 Chief Officer Chief Mate (FG) 60 6 month rank experience OR 1
4 month vessel experience
after mates ticket in sector.
3 2nd Officer 2nd Mate (FG) 60 6 months experience after 1
2nd Mate (FG)
4 3rd Officer 2nd Mate (FG) 60 - 1
5 GMDSS GMDSS COC-GOC 60 1 year Rank experience 1
Operator
6 Medical MBBS Medical Officer 60 1
Officer possessing the qualifications -
specified in rule 3. Rule 3 (1)
Every Medical officer referred
to in rule 2 shall be a person
possessing a degree in
medicine and surgery of any
recognized University and
shall also be enrolled as a
Medical Practitioner on the
register of the Medical Council
of State (2) Every such
Medical Officer shall also hold
a license issued by the Health
Officer of the port of
department of the ship, in the
form set out in Annexure to
these rules.

18
7 Chief MEO Class I (FG) 65 1 year Rank experience 1
Engineer
8 2nd Engineer MEO Class II (FG) 60 6 months rank experience 1
9 3rd Engineer MEO Class IV (FG) 60 6 months rank experience 1
10 4th Engineer MEO Class IV (FG) 60 No experience. 2
11 Electrical As per Clause 3 (iii) 60 1 year experience. 1
Officer
iii. Electrical Officer should have passed three year full time Diploma OR four year Degree in
Electrical Engineering OR Electronics Engineering OR Electrical & Electronics
Engineering OR Electronics & Telecommunication / Communication Engineering OR
Electronics & Instrumentation Engineering from a Government recognized Polytechnic or
recognized Universities.
OR
Electrical Officer who possesses Certificate of Competency as ETO issued by DG
Shipping also can be considered for engagement as Electrical & electronics Officers on
board vessels of UTLA. As and when DG Shipping makes Electro Technical Officer
(COC) mandatory on all vessels, then Manning Agents are bound by it.
iv. The age of the Merchant Navy Officers other than Master and Chief Engineer deployed
on board shall not exceed 60 years. In case of Master and Chief Engineer, the upper
age limit shall not exceed 65 years.
v. All officers should have Indian CDC and STCW2010 Certificates issued by the institutes
approved by DG Shipping, Government of India. In addition to above, the office should
have all other additional certificate that is required during the currency of this contract for
operating this vessel.
vi. Officers posted on board should be without “deviation”, of any kind for the various
categories as per the requirement given in this agreement. If in case of exigencies,
“deviation” is to be taken, it has to be done with the prior approval of the concerned
Marine Superintendents of LDCL and in such case, 25% of the amount payable to
Manning Contractor for that particular officer without deviation alone will be paid. The
same shall be calculated as per Schedule 1.
vii. Manning Contractor shall provide any number of additional officers required by LDCL at
the rate to be calculated as per Schedule 1.
viii. LDCL can at its discretion take over the operation of Manning partially or completely by
giving 30 days notice to the Manning Contractor .In such cases deduction from the
Manning fees will be in accordance with the percentage of deduction as given in
Schedule 1of this contract.
ix. As far as possible the Manning Contractor should engage Master with sector
experience. In the case of acute shortage of Master with sector experience, Manning
19
Contractor may engage other competent Masters on parallel sailing basis. The expenses
of parallel sailing of Master will be on account of the Manning contractor.
x. All officers deployed by the Manning contractor should be free from conviction in Criminal
cases. It is to be noted that the Manning Contractor should obtain a declaration from
each candidate stating that he is not convicted in any criminal case prior to forwarding
their application to LDCL for approval. No application should be forwarded to LDCL
without personal details verification and declaration from the concerned officer.
xi. In case of signing off of the Medical Officer from on board vessels of LDCL as per the
directions of LDCL due to layup/dry dock, the deductions from the manning fee will be
only at the rate of 5 % of the Manning fee payable per month.
NOTE:
1. In case of All Weather vessel, layup / dry-docking is required only during repairs and
necessary surveys.
2. In case of Fair Weather vessel, mandatory layup would be required during Monsoon
period, during which they are taken up for mandatory repairs, dry-dock and surveys.
However, they may be laid up for a longer period for dry-dock or repairs and surveys
beyond the Monsoon period, depending upon the requirements.

4. PROCEDURE FOR RECRUITMENT & REPLACEMENT OF MASTERS & OFFICERS


a. The Manning Contractor has to submit to LDCL all particulars/bio data and
mandatory certificates of Master & officers 10 days prior to the intended date of
deployment of the concerned officer on LDCL operated vessels for prior approval of
the LDCL. Any replacement shall also be carried out only with LDCL’s approval.
Nobody can claim deployment / employment on LDCL operated vessels even if the
Manning Contractor recommends for the said officers deployment for the same. All
officers have to report at LDCL office for briefing and de-briefing prior to signing on
and signing off the vessel respectively. The replacement of the Master & Officers
has to be informed to LDCL at least one week in advance except in emergency
cases.
b. After LDCL approves deployment of a particular Master/Officer on the LDCL operated
vessel the Manning Contractor is required to produce a copy of the declaration duly
signed by the Master/Officer with proper authentication, as per the standard format
attached with this agreement, for final approval of deployment of the said officer on
LDCL operated vessel at least 03 days prior to the signing on date of the said officer.
c. The Manning Contractor should review the performance of the deployed Masters
& Officers on regular basis as well. The LDCL reserves the right to insist on
replacement of any Master/officer(s) who is either non-cooperative or not20
performing list of duties in accordance with the ISM manual and/or ISPS code to the
satisfaction of the LDCL or is otherwise undesirable due to such behavior towards the
representative of the PSA/LDCL, without any additional cost to the LDCL. The
Manning Contractor would then need to replace that officer(s) within 3 days of receipt
of directions from LDCL for the same. If such person(s) is not replaced by a suitable
substitute(s) by the Manning Contractor within the said period of 03 days, the LDCL
shall reduce the Management Fee payable to the Manning Contractor as per
Schedule 1 for that particular officer(s). If such delay in replacement of officer(s)
leads to disruption in the functionality of the vessel, a penalty of Rs. 90,000.00 per
day per vessel shall be imposed on the Manning Contractor in addition to the
deductions as per Schedule 1.
Note: The removed officer shall not be re-deployed in any of the LDCL operated
vessels even if recommended by any of the Manning Contractor for deployment.
d. Since ideal signing-on period for an officer on any vessel is 06 months, frequent
changes of Master & Officers will not be entertained. The Manning Contractor shall
ensure that the sign-on period for an officer is a period of minimum 03 months and
maximum 09 months under normal circumstances. Any extension beyond the six
months period should be carried out with the approval of LDCL, any extension of
service beyond six months without approval of the LDCL will not be compensated by
LDCL. In such cases the deductions will be made in the manning bill in accordance
with Schedule 1 of this contract. Any change beyond 04 times in a year would invite
penalty of Rs.50,000/- and in multiples of Rs.50,000/- per each change beyond 5th
change of officer, i.e, Rs.1,00,000/-, Rs.1,50,000/- and so on.
6. WORKING HOURS
a. The Manning Contractor shall ensure that the deployed Master & Officers would be
made available on-board for smooth operation / repair of the vessel, as per the
statutory requirements and LDCL’s instructions, including on Sundays/Holidays and
other Closed/Public Holidays, during the currency of this agreement.
b. In case of High Speed Crafts, since they are intended only for day time operation, the
Manning Contractor shall ensure that besides the watch-keeping staff, at least 02
suitable Master & Officers are to be made available during night hours for
emergency.
7. PRIORITY FOR NATIVES OF LAKSHADWEEP
The LDCL being an entity under the UTLA has adopted their policy that if a qualified
person is available among the people of Lakshadweep, the first opportunity of
employment would be given to him/her and if such qualified hands are not available
21
among the islanders then qualified people from outside the islands may also be hired. The
Manning Contract shall follow the above policy in letter and spirit while recommending
Master & Officers for deployment on LDCL operated ships, and abide by any further
instructions given from LDCL in this regard from time to time.
8. EMOLUMENTS
a. To ensure smooth operation of the LDCL operated vessels, the Manning Contractor shall
pay the monthly emoluments directly to the Master, Officers & Crew without any external
intervention positively on or before 1st working day of the subsequent month to the bank
account of the concerned officer. The Manning Contractor has to further ensure that the
emoluments paid to each officer should not be lower than the emoluments prescribed in
the prevailing INSA-MUI Wages Agreement for the particular rank.
b. During the currency of the contract, any revision or increase of emoluments as per industry
standards shall be the responsibility of the Manning Contractor. No extra money beyond
the fixed Management Fee would be payable by the LDCL.
c. The Management Fee payable to the Manning Contractor would be as per this agreement
and will not be governed by any changes affecting the payments by the Manning
Contractor to their Master & Officers. Consequent to any award that may be imposed by
statutory authorities, the Manning Contractor is understood to have quoted the price
including such changes that may arise during the contract period.
d. The Manning Contractors are expected to keep sufficient working capital to meet the
monthly emoluments to be paid in time to the Master & Officers employed by them and the
crew directly employed by the LDCL. All wages including allowances due shall be paid to
respective officers and crew at the time of sign off itself instead of paying at the month
end. Under no circumstances the emoluments to be paid by the Manning Contractor to
the Master & Officers should be delayed on the ground that the money has not been
received from the LDCL.
e. The Master & Officers employed by the manning contractors are governed by the
Merchant Shipping Act, 1958 and subsequent amendment thereof . Hence any disputes
between the Manning Contractors and their Master & Officers shall be addressed to the
concerned Regulatory Authority. LDCL shall not be responsible, in any manner
whatsoever, for any such disputes. The Master & officers covered under this agreement
are not workers under the Industrial Disputes Act and Trade Unions Act and therefore
such Labour legislations are not applicable to them.
9. INVOICING & BILLING
a. The Manning Contractor shall at the end of each month (or part of the month
whichever applicable) submit an invoice in duplicate for the lump sum Management
22
fee covering the period of preceding month before the 2 nd day of every month to the
LDCL office.
b. The Invoice raised against the Manning Fee payable per month by the Manning
Contractor should be in accordance with section 31 of the CGST Act, 2017.
c. The LDCL shall make all efforts to ensure that 100% of such invoice(s)/bill(s) duly
supported by all relevant documents will be paid after due verification and certification
within 15 days of receipt of Invoice(s)/bill(s) for all undisputed amounts. Any disputed
amount shall be brought to the notice of LDCL within one month with required
clarification. No interest will be payable by LDCL for any claims.
10. INSURANCE
a. A comprehensive Hull and Machinery (H&M) and Protection & Indemnity (P&I)
insurances will be arranged by LDCL.
b. Insurance cover from the P&I club for claims towards marine accidents & oil spill or
pollution, will be provided by LDCL as regard to Master, Officers and Crew. Premium
will be paid by LDCL.
c. Manning Contractor is added as co-assurer in the P& I Insurance Policy taken by LDCL
and if any medical/disability/death liability claims arises in case of Merchant Navy
Officers on board vessel, such claims will be settled by the Manning Contractor and the
P&I Club will make the payment to Manning Contractor through LDCL on submission of
claim document submitted by the Manning Contractor.
d. However, it is the responsibility of the manning contractor to make all associated
arrangements in case of personal accident or exigencies occurring to the deployed
officers. Such expenses will be met by the manning contractor.
11. TAXES
a. PERSONNEL:
Any taxes assessed on employees of the Manning Contractor for the income earned in
the performance of work under this Agreement shall be the responsibility of the Manning
Contractor and/or employees, and not that of the LDCL.
b. CORPORATE
Any taxes assessed on the Income of the Manning Contractor shall be the responsibility
of the Manning Contractor and not that of the LDCL, and the same should be paid by
the Manning Contractor only.
c. Any other taxes and duties, as applicable under this Agreement shall be paid by the
Manning Contractor.
12. PERFORMANCE GUARANTEE
a. At the time of execution of this Agreement, the Manning Contractor shall submit an
23
irrevocable bank guarantee from any scheduled bank acceptable to LDCL, for a sum of
Rs. ………………/- (Rupees ……………………….. only) being 5% (five percent)
equivalent of the totall contract value per vessel for initial period of 2 years, towards
performance of contractual obligations. This bank guarantee shall be valid for the entire
period of the agreement and with a claim period of three months beyond the currency of
the agreement. LDCL will have an unqualified option under this bank guarantee to
invoke the said guarantee and claim the amount to the extent of the claim of LDCL
under this Agreement directly from the bank.
b. The agreement shall become operative only on the receipt and acceptance of the above
Performance Guarantee by LDCL.
c. Performance of the Manning Contractor will be judged by LDCL based on the
competence of the Master & officers in handling the vessel and also preventive
maintenance, carrying out routine and emergency repairs in shortest possible time,
keeping the vessel in a seaworthy condition during the tenure of this Agreement.
d. If any item onboard LDCL operated vessel is found damaged/missing due to negligence
or willful act on the part of the Master & officers deployed by the Manning Contractor,
then the LDCL would reserve the right to recover the cost of such damaged/missing
items from the Management fee payable to the Manning Contractor and/or from the
performance guarantee. This shall be without prejudice to all the other rights and
remedies available to LDCL, under the terms of this Agreement.
e. The Performance Guarantee shall be extended by the Manning Contractor as advised
by LDCL for the corresponding period of extension of the contract beyond the initial
period of 02 year.
13. PENALTY AND LIQUIDATED DAMAGES:
a. The vessel schedules have to be strictly adhered to: Manning Contractor agrees to
compensate LDCL for any delay in the deployment of Master & Officers or deficiency in
their performance on board the vessel, which would cause any delay/disruption of
smooth operation of the vessel.
b. If there is delay of one or more days in the smooth operation of vessel due to the delay
in deployment of Master &Officers or deficiency in their performance on board vessel,
the LDCL shall reduce the Management Fee payable to the Manning Contractor as per
Schedule 1 for that particular officer (s) plus a penalty of Rs. 90,000.00 per day per
vessel shall be imposed, for all those days the vessel could not have a smooth
operation, on the Manning Contractor in addition to the deductions as per Schedule1.
c. In case the total amount of penalty and liquidated damages exceeds the monthly
Management Fee, the performance guarantee will be encashed and a new
24
performance guarantee will have to be provided by the Manning Contractor. If the
delay/disruption of work exceeds more than 5 days due to the non deployment of
suitable personnel or deficiency in the performance of the Manning Contractor, the
LDCL has the right to arrange the work through some other agency or personnel and
the damages sustained from this will be recovered from the Manning Contractor.
d. It is to be noted that notwithstanding the rights mentioned anywhere in this contract
LDCL will also have the right to claim liquidated damages resulted from the breach of
any of the conditions of this contract. In such cases LDCL will have to make an official
communication to the Manning Contractor with the details of calculations made in this
regard.
14. INDEMNITY
The Manning Contractor hereby agrees and covenant that at all times when the vessel in
under the control of their Master & Officers, the Manning contractor will indemnify and
keep indemnified and save and hold harmless the LDCL and from all action, claims,
demands, liabilities, losses, damages, costs charges and expenses in all respects that
may be advanced against or incurred by LDCL in respect of or by reason any action, in
action or negligence of the Master & Officers of Manning contract in the operation or
maintenance of the vessel.
15. TERMINATION
a. In the event of the Manning Contractor going into liquidation or winding up his business
or making arrangement with his creditors for ratable distribution, this agreement shall
stand ipso facto terminated from the date of such event. This termination shall be
without prejudice to any other rights or remedies, available to LDCL under this
agreement. Under such circumstances, LDCL will be entitled to encash the
performance guarantee furnished by the Manning Contractor.
b. In the event of LDCL deciding to wind up the operations of these vessels due to
technical or other reasons, the agreement stands terminated. Under such
circumstances, LDCL will return the performance guarantee to the Manning Contractor.
c. In the event of any breach of terms and conditions of this Agreement or unsatisfactory
performance of the Manning Contractor, LDCL shall have the right to terminate the
Agreement or its employees by giving 45 days notice. In such situations the LDCL shall
be at liability to encash the performance guarantee furnished by the Manning
Contractor.
d. In the event of and on breach of terms and conditions of this Agreement due to any act
on the part of LDCL, the Manning Contractor shall have the right to request for
termination of this agreement by giving a notice of 45 days.
25
e. In the event of the Manning Contractor becoming insolvent and assigns its interest
under this Agreement for the benefit of creditors or is adjudged bankrupt, the agreement
shall stand terminated thereof.
f. If the vessel becomes inoperative and is not in a position to be operated, the LDCL can
terminate the agreement by giving 30 days notice.
16. ARBITRATION
PROVIDED ALWAYS and it is hereby expressly agreed that in case of any dispute, doubt,
questions or differences arising out of or in connection with this agreement, including any
question regarding its existence, operation, interpretation , meaning, conditions,
termination, calculations, validity or breach thereof shall be referred to and finally resolved
as per arbitration under the Arbitration & Conciliation Act,1996 by the sole arbitrator
nominated by the Honorable Chairman/ Managing Director, LDCL and the decision of the
Arbitrator shall be final and binding on the parties.
The language to be used in the arbitration shall be ENGLISH.
The Government law of the contract shall be substantive law of INDIA.
In any arbitration commenced pursuant to this clause,
i. The number of Arbitrator shall be ONE; and
ii. The seat or legal place of the arbitration shall be at Kochi or as decided by
the Hon’ble Chairman/ Managing Director, LDCL.
17. ASSIGNMENT
The Manning Contractor shall not except without the express prior approval in writing of
the LDCL, transfer, sub-contract or assign his obligations or any benefit or interests in the
contract or any part thereof in any manner whatsoever to any other person or authority or
firm. Any such assignments shall not absolve the Manning Contractor from his obligation
and responsibilities under this agreement.
18. SERVABILITY AND SEPARABILITY
In such case of any provision of this Agreement found to be invalid, illegal or otherwise
unenforceable by any court of law, such findings shall not affect the remaining provisions
hereof and they shall remain binding on the parties hereto.
19. FORCE MAJEURE
a. In the event of either party being rendered unable by force majeure to perform any
obligation required to be performed by it under this Agreement, the relative obligation
of the party affected by such force majeure shall, after notice under this clause be
suspended for the period during which such cause lasts.
b. The term force majeure as used herein shall mean acts of God, war (declared or
undeclared) riot, fire, flood, or such other natural calamities;
26
c. On such event, the party rendered unable as aforesaid, shall notify the other party in
writing, within seventy two (72) hours of the beginning of such events giving full
particulars and satisfactory explanation in support of its claim. The treatment of such
period shall be decided on mutually agreed terms & conditions.
However, during monsoon/bad weather, if LDCL decides that there will be no voyage for a
specific period exceeding 30 days and it would be required to lay off Master & Officers;
then the amount payable would also be reduced proportionately as per Schedule 1 of this
contract.
20. APPLICABLE LAW
The terms and provisions of this Agreement shall be governed by the Laws of India and
shall be subject to jurisdiction of Courts in Cochin.

21. ENFORCEMENT OF LAW OF THE LAND


Violation of any of the laws by the Manning Contractor shall be entirely at their own risk
and cost. Should LDCL be required to pay any amount to any employee of the Manning
Contractor under the orders of any authority for enforcement of any law, the same shall be
deducted from the Management Fee and if required the Performance Guarantee furnished
by the Manning Contractor will be revoked by the LDCL.
22. COMPLIANCE OF LAWS
Compliance of all laws such as Labour, Income-Tax, Corporate Tax etc., will be on
Manning Contactor’s account.
23. CHANGE OF LAW
If there is a change in the enactment or any law in India after the date of this agreement
which results in subsequently additional savings /cost to LDCL on account of such
enactment having direct effect on this Agreement, the Manning Contractor shall reimburse
LDCL or that LDCL shall pay to the Manning Contractor, as the case may be, for such
cost/ savings and the two parties shall discuss and mutually agree in the method and
extent to which LDCL/ Manning Contractor should be compensated/ paid or provided,
however, the provision of this Article shall not apply to personnel/corporate taxes and
customs duties.
24. NOTICE
All notices required to be given herein shall be deemed to have been properly served
when the notice was properly addressed in their respective addresses shown below, pre
paid and duly sent by registered post or speed post with acknowledgement slip. In case of
emergency, parties can also resort to notice in PDF (Portable Document Format) sent
as an attachment by E-mail, in addition to the normal mode of service, which will also be
treated as valid notice on proof of its delivery. 27
LDCL
Lakshadweep Development Corporation Ltd.
56/2366, Panampilly Nagar, Ernakulam
Kochi – 682 036, KERALA.
MANNING CONTRACTOR :

IN WITNESS WHEREOF the parties hereto sign their agreement as of the date herein
written above.
1. 1.

2. 2

28
Schedule 1
TABLE FOR CALCULATING THE REDUCTION/INCREASE IN DAY RATE OF THE
MANAGEMENT FEE IN CASE OF VARIATION OF DEPLOYMENT OF MASTER &
OFFICERS ON BOARD LDCL OPERATED VESSELS
KAVARATTI

# Designation % of reduction/ increase per day


1 Master 13
2 Chief Mate 10
3 Second Mate 8
4 Third Mate 7
5 Chief Engineer 13
6 2nd Engineer 10
7 3rd Engineer 8
8 4th Engineer 8
9 Medical Officer 10
10 Radio Officer 6
11 Electrical Officer 7
TOTAL 100%

Illustration:
If an officer is not onboard for a period of 3 days, then the Manning Fee per month per
vessel will be reduced in proportion to the percentage reduction given in the above table
for that officer as per this schedule.

Suppose:
Officer is the Electrical Officer;
Percentage reduction is 7% per day;
Management Fee (MF) per month per vessel is Rs.300/-.
MF per day= 300/30 = Rs.10
Reduction for Electrical Officer = 7% of MF = 7% of Rs.10 = Rs.0.7
Total reduction for Electrical Officer for 3 days
= Rs.0.7 x no. of days the officer was not available on board = Rs.0.7 x 3 = Rs.2.1/-

NOTE: In case an additional officer is deployed, then the Management Fee per vessel to
be increased in proportion to the percentage increase given in the above table for that
officer as per this schedule will be calculated on the same lines.

29
ANNEXURE V
DECLARATION
I …………………… aged ……………..years, s/o / w/o…………..engaged
as…...…………..by…………..(name of the Manning Contractor) in the vessels owned by the UTLA
and being operated by the LDCL, and having permanent address at ……………..and presently
staying at……………., do hereby solemnly affirm and state as follows:-
1. That I am appointed by M/s …………………. as ………………….. on board the vessels being
operated by the LDCL on …………………..(date) and I have executed a contract of appointment
on ………….(date).
2. I have read and fully understood the terms & conditions and my rights & obligations under the
prevailing agreement between my employer and LDCL and I hereby agree and pledge that I will
carry out my duties and obligations as a …………. (designation) in its true letter and spirit.
3. I have read and understood the Owner’s Safety Management Manual(s) for the vessel & it’s
machinery(ies) which is/are on board vessel and I will follow the procedures, policies and
instructions given by representatives of PSA and LDCL and I will comply with all the rules and
regulations to ensure safety and efficiency of the vessels.
4. That the responsibility of the maintenance and up keep of machinery(ies) on board the vessel and
timely reporting of issues/problems of such machines to the competent authority rests with me.
5. That all disputes arising between me and my employer shall be mutually settled as far as possible,
failing which the matter is to be settled by the Dispute Settlement Mechanism provided under the
Merchant Shipping Act, 1958 or through the Courts of Law.
6. I hereby declare that under no circumstances I will drag the LDCL for the settlement of any dispute
between myself and my employer.
7. I hereby undertake that I will not cause any hindrance for the operation of vessels or the
functioning of the LDCL by any action or inaction from my part or at my instance in pursuance to
any dispute with my employer.
I solemnly declare that the statements given above are rendered out of my free will and volition
and I will comply with the same in its letter and spirit.

Deponent
Dated this ………………day of …………………..
Solemnly affirmed, stated and signed before me by the deponent who is personally known to me
on this……………..day of………… at my office at …………… .
Advocate
Seal
Signature:
Name of the Seafarer:

SEAL & SIGNATURE OF EMPLOYER


30
ANNEXURE VI
PERSONAL DETAILS VERIFICATION FORM
1. WARNING

1. The furnishing of false information or suppression of any factual information in this form
would be disqualification, and is likely to render the Seafarer unfit for the deployment on
board vessels operated by LDCL.
2. If detained, convicted, debarred etc subsequent to the completion and submission of this
form, the details should be communicated immediately to the employer and the LDCL,
failing which it will be deemed to be a suppression of factual information.
3. If the fact that false information has been furnished or that there has been suppression of
any factual information in this form comes to notice at any time during the service of the
Seafarer, his service would be liable to be terminated.
2. PERSONAL DETAILS OF THE SEAFARERS:

# PARTICULARS DETAILS
1 Full Name
2 Permanent Address
3 Present Address
4 CDC No
5 COC Details
6 Date of expiry of COC
7 Other qualification if any
8 Have you ever been arrested? Yes/ No
9 Have ever been prosecuted? Yes/ No
10 Have ever been kept under detention? Yes/ No
11 Have ever been convicted by a court of Law of an Yes/ No
offense?
12 Is any case pending against you in any Court of Law Yes/ No
at the time of filing up of this form?

31
13 If the answer to any of the above mentioned
questions is ‘ Yes’ give full particulars of the
case/arrest/detention/sentence/punishment etc
and/or the nature of the case pending in the Court at
the time of filling up this form.

NOTE:
1. Please read the “WARNING” at the top of this form very carefully.
2. Specific answer to each of the question should be given by striking out “Yes” or “No” as
the case may be.

Signature :

Name of the Seafarer:

32
ANNEXURE –VII
MODEL LETTER TO BE PROVIDED FROM BANK ENSURING THE LINE OF CREDIT
TO THE BIDDER FOR MEETING CAPITAL REQUIRMENT OF THE VESSELS AS PER
TENDER REQUIRMENTS

(TO BE ISSUED IN THE LETTER HEAD OF THE BANK)

TO WHOM SO EVER IT MAY CONCERN


This is to certify that we have sanctioned following limit to …………………………………Open Cash
Credit limit / Overdraft facility amounting to Rs………………../- and this facility is valid
upto……………….

Authorized signatory of Bank


(Seal of the Bank)

33
ANNEXURE –VIII
PRICE BID

Sl.No Particulars Amount in Rupees


In Figures In Words
1 Fees (per month per vessel) for deployment of
Masters & officers including Wage administration
and maintenance of Seaman’s Provident Fund,
Seamen’s Welfare Association Fund, Ship’s Article
of Agreement, endorsement of Change of
Command, etc. as required by LDCL of the Crew
recruited by LDCL (Exclusive of Taxes). The bidder
should quote the Fees per vessel in accordance
with the instructions of this tender document.

34
ANNEXURE – IX
VESSEL PARTICULARS
KAVARATTI

TYPE OF VESSEL PASSENGER VESSEL


OPERATION IN ALL WEATHER
BUILDERS HINDUSTHAN SHIPYARD LTD.,
VISAKHAPATTANAM
YEAR BUILT 2007
CLASS SOC IRS
CLASS V
SPEED KTS. 17.0
DWT 1500
LOA 118 Mtrs
BREADTH 19 Mtrs
DEPTH 11.0Mtrs
S.DRAFT 5.3 Mtrs
ENGINE POWER 2 x2880Kw
PORT OF REGISTRY MUMBAI
PASSENGER CAPACITY 700 Numbers - Including permanent
passenger (Canteen Staff + UTL Staff)
and excluding ship’s crew.
CARGO 160 MT

35

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy