Force Majeure in effect

13 May 2021 / Kakinada, India

The Cocanada Chamber of Commerce in relation to continuation of work at Kakinada Anchorage and Deep water Port in spite of raging COVID second wave, it is deemed fit under the circumstances to bring the following few points to the notice of trade members.

  1. Curfew has been imposed by the Government of Andhra Pradesh from 12 Noon to 6AM everyday w.e.f. from 05.05.2021 up to 19.05.2021.
  2. Section 144 of IPC has been invoked from 6 AM to 12 Noon everyday w.e.f. from 05.05.2021 up to 19.05.2021. This is to prevent assembly of more than 5 people at any place.
  3. Due to the raging second wave of COVID-19 pandemic, all sections of the people including and not limited to the work force employed for operations at port, railway sidings, warehouses, on board ships, staff of agents etc., have been adversely affected.

Consequent to the above restrictions, in spite of the port activity being declared an essential service by GoAP/GOI, the attendance of work force for continuing the port activity, clearance of railway rakes, loading / unloading of cargo and stevedoring has been adversely affected.

The above circumstances are extra ordinary in nature beyond human control to avert i.e. Force Majeure Conditions exists during the process of continuing the port activity w.e.f. 05.05.2021.

View above, the trade is advised to inform their contracting party (whether the contract is written or oral ) about the existence of the Force Majeure conditions in the port at Kakinada consequent to which the agreed performance level may not be achieved and sometimes there could be non-performance of contractual obligations also…

…The cargo interests are once again requested to see that the risks being taken by the handling agents in theses trying circumstances is suitably rewarded. At least the additional expenses being incurred by the handling agents in aggregating various services for the exporters/importers is suitably reimbursed. This Chamber suggests an indicative reimbursement of INR50/- PMT from the date of force majeure conditions exists dt 05.05.2021, to the handling agents by the importers/ exporters which will help them to defray the substantial additional costs being incurred...

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Source: Cocanada Chamber of Commerce Advisory to Kakinada Anchorage & Deep Water Port Trade Members dated 11 May 2021

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