All hazardous cargo would be handled during daylight hours only i.e. from sunrise to sunset. Direct delivery of dangerous/hazardous cargo is to be resorted to, rather than storage of such cargo within port premises. All import cargo should be taken from the ship’s hook under custom escort directly to the importer’s bonded warehouse. In case of export cargo, all custom formalities need to be carried out by the exporter while such hazardous cargo may be transported when the ship is at the berth and loaded directly on to the vessel just prior to sailing.

b) In case due to any circumstances, the hazardous cargo is not cleared and lies in the Port for 7 days from landing, it will be the responsibility of the Ship Agent to re-ship the cargo back to the country of export/origin within the next 7 days. In case export cargo is brought into Port for shipment and is not shipped within 2 days, it will be the responsibility of the Clearing Agent to take the cargo back within the next 2 days. Customs Act-1962 and Major Port Trust Act-1963 would need amendments accordingly.

c) The Dy. Conservator of MbPT to immediately remove hazardous cargo from the warehouse and destroy the same using his overriding powers under 1994 Regulations as Competent Authority. There shall be no clearance of any kind required either from CCE or Customs Deptt; The Dy. Conservator of MbPT to be personally liable for any such incident in future.

d) MbPT to bear the loss caused by destruction of hazardous cargo rather than its sale;

e) For disposal of un-cleared hazardous cargo, the facilities for disposal/destruction of various types of hazardous cargo need to be identified e.g. Manufacturer’s unit with disposal facilities/incinerators/hazardous waste disposal facility, etc. alongwith an Authority who can direct these facilities to take up the unclaimed hazardous cargo for disposal/destruction. Customs Act to be amended to allow such disposal/destruction after defined period.

f) Suitable action, including FIR be lodged against M/s Agro Gases and M/s James Mackintosh under IPC and relevant provisions of various Acts for criminal negligence, thereby endangering the lives of general public; The firm should be denied import/export facilities for next five years i.e. till 2016.

g) The Traffic Manager should take immediate action to include the recommendations given by the National Safety Council in the MbPT’s Crisis Management and Disaster Preparedness Plan by engaging an organization/institute having expertise in the area chemical safety.

h) The Traffic Manager should take immediate action to purchase the required Personal Protective Equipment and necessary emergency kits to deal with any emergency situation.

i) The safety cell of MbPT should take immediate action to revise its Department Safety Manuals by incorporating the measures to deal with the chemical accidents. These manuals shall be updated on yearly basis by the safety cell.

j) The Head of Civil and Mechanical Engineering Department of MbPT should take immediate action to repair the fire hydrant system and ensure that the fire hydrant system is in working condition. This activity shall be completed by 31st, December, 2010.

k) The safety cell shall prepare a list of training programmes for each calendar year which are required to be given to the staff working in safety cell/ fire station. It is the responsibility of safety cell to ensure that all the staff is working fire and safety department are adequately trained to deal with any emergency situation.

l) A SOP to be developed by NDMA and circulated to all Ports in the Country, where hazardous goods are handled to improve overall safety and conditions prevailing in the storage areas.

m) All the Major Ports in the County to be directed to review their procedures and storage conditions of hazardous materials.

The Government has decided that the recommendations of the Committee may be implemented at all the ports wherever applicable. The Minister of Shipping has directed that these kinds of lapses will not be tolerated and the guilty will be brought to book.

These recommendations have been sent to the Chairmen of all Major Port Trusts of India.