MRAI says Ports not Honouring Demurrage Waiver Circulars!

MRAI has been continuously approached by many of its members stating Shipping lines and/or CFS are not adhering to the Notifications issued by Shipping Ministry and Director General of Shipping in relation to waiver of detention/demurrage/ ground rent. Assessing the situation, MRAI approached a renowned Advocate of Bombay High Court to understand the legal implication on the following points: -

· Whether the Director General of Shipping Order Nos. 7 & 8 dated 28th March, 2020 and 31st March,2020 respectively and the Notification dated 31st March, 2020 issued by the Ministry of Shipping are binding and are legally enforceable?

· Whether the Shipping Lines/ Ports/ CFS must abide by the terms and guidelines as mentioned in the Orders/Notifications mentioned in Query 1 above?

(The opinion holds that the DGS Order is enforceable)

MRAI also request every member and all the importers in India to write to Ministry of Shipping, Ministry of Finance, PMO, Ministry of Commerce, Ministry of Micro, Small and Medium Enterprises and other Concerned Ministries, regarding following issues: -

· Inclusion of Recycling Industry in Essential Services as it is one of the biggest job providers to lowest strata people and women, who are dependent on daily wages.

· Waiver of Detention/Demurrage/Ground Rent Charges by the ports/ ICDs/Shipping Lines/CFSs and Ministries to issue enforceable instructions to all the ports/ ICDs/Shipping Lines/CFSs on the same.

· Waiver of penalty on late filling of bill of entry and Interest on late payment of Custom duty, till the date lockdown ends.

· Special funding from Banks for Importers.