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NOTES

1. In future, lease of land shall be granted by inviting Tender/Auction on the
basis of maximum realisation to the port, save and except the following cases
:-
(a) Allotment of land to various Central / State Government Departments,
Central/State Government Enterprises and Public Sector Undertakings. In such
cases the land may be leased at the scheduled rates without recourse to the
tender procedure.
(b) Allotment of land to Local Development Authorities/Municipal Bodies, for
non-commercial use. In such cases the land may be leased without recourse to
the tender procedure at a concessional rate by charging 25% of the scheduled
rent. For commercial use the land may be leased at the scheduled rates without
recourse to the tender procedure.
2. In case of port owned buildings, allotment will generally be made on monthly
licence basis at the scheduled rate of licence fee without recourse to the
tender procedure. Licence of shops/restaurant etc. for commercial use shall
however be granted by inviting tender/auction on the basis of maximum
realisation to the Port. Licence of land may also be granted for a temporary
period, the purpose of utilisation being connected with Port's work or for
public purpose. In such cases allotment will be made at the scheduled rate of
licence fee without recourse to tender procedure. Licence of land for
commercial use shall however be granted by inviting tender /auction on the
basis of maximum realisation to the port.
3. Normally leases shall be granted for periods of 20/25 years. Leases will
contain no automatic renewal clause. In case of lease of land, 2 years' rent as
applicable, shall be recovered from the lessees as non-refundable and
non-adjustable premium in addition to the monthly rent. This will be applicable
in the case of new allotments.
4. The existing leases coming up for further extension after expiry of the
lease period and where no renewal option is existing, the prevailing scheduled
rent shall be applicable straightaway and non-refundable and non-adjustable
premium equivalent to 2 years' rent will be recovered. The renewal of existing
leases having option for the same will be governed by the relevant covenants
and conditions of the lease.
5. In addition to rent, municipal tax etc. as applicable, will be payable by
the licensees and lessees.
6. The lessees/licensees will also be required to pay and discharge all present
and future rates, taxes, duties, charges, assessments, outgoings and premium in
respect of policy of insurance against any risk whatsoever which are now or may
at any time hereafter be assessed, charged or imposed upon or payable in
respect of the demised land and/or any factory and/or building or structure
erected by the lessees/licensees thereon or the owners or occupiers in respect
thereof except the owners' share of municipal taxes in respect of the demised
land.
7. The schedule rates of licence fee will be applicable to all existing
licensees. The rates of rent of existing leases will be governed by the
relevant covenants of the lease.
8. In case of all leases and licenses granted in future and for all existing
licences, the rent/licence fee will be enhanced every year by 5 % of the rent
payable in the preceding year or scheduled rent then in force, whichever is
higher.
9. Security for payment of rent/licence fee shall be recovered at 12 months'
rent /licence fee for all types of allotments. The security deposit is
refundable after completion of lease/licence period subject to adjustment of
dues/damages. If the period of licence is less than one year, then the security
shall be recovered at the rate equivalent to the licence fee for the period for
which the licence is granted.
10. Charges for lease plans will be recovered at Rs. 300/- per copy of ammonia
print.
11. A re-survey fee of Rs. 1,000/- shall be recovered from the lessees
requiring re-demarcation of the plot after handing over possession of the land
if the area of the plot of land is within 2 acres. For next every 2 acres or
part thereof additional charge of Rs. 500/- per acre will be recovered.
12. Without prejudice to other appropriate action being taken the following
rate will be recovered for encroachment of CPT land/buildings :-
(a) Encroachment for a period upto 3 months : 5 times the respective zonal rate
of rent/licence fee.
(b) For continued offence beyond 3 months : 10 times the respective zonal rate
of rent/licence fee.
13. The rent/licence fee and other dues, whether demanded or not, shall be paid
by the licensees/lessees on or before the 15th day of each month succeeding
that for which the rent/licence fee etc. is due.
14. A rebate of 2.5% on rent/licence fee only be allowed if payment of
rent/licence fee and other dues are made within due date as specified in
Clause-(13) above.
15. In case of default in payment of rent/licence fee and other dues within one
month from the due date of payment specified above, 18% interest per annum will
be charged on the outstanding dues from the due date of payment.
16. The following cases will be treated as cases of mutation and for granting
such mutation, service charge @ 5% of 12 months' rent upto maximum ceiling of
Rs. 10,000/- will be recovered by CPT :
(a) In case of death of the lessee, transfer to the legal heirs or legal
successor or representative.
(b) Transfer consequential to lessee becoming subject to laws of insolvency or
liquidation.
(c) Transfer consequential to the order of the Court.
(d) Gratuitous transfer to any of the legal heirs due to old age, infirmity or
some other valid reasons.
(e) Transfer from one Government Department or Public Sector Undertaking or
Government Company to any other Government Department or Public Sector
Undertaking or Government Company.
17. The licensing of open/covered space inside the Dock Interior Zone for a
period upto one year on monthly rent basis for storage of import/export cargo
may be done without recourse to a tender procedure. The following conditions
shall be followed in such cases :-
(i) Port users requiring allotment of space for storage of their cargo may apply
to General Manager(Ops.). The Chairman / Dy.Chairman(H) shall have the
discretion to allot or refuse to allot such space.
(ii) The period of licence shall not exceed one year.
(iii) The space allotted shall not be subletted/assigned/transferred.
(iv) Encroachment or unauthorised occupation of land and Railway tracks, etc.
by the licensee will involve a liability to pay a penalty at the rate of ten
times the scheduled licence fee, in addition to the cost of rectification of
damages caused to the Port properties. If the licensee fails to remove the
cargo from the encroached area in spite of notice to do so, the cargo will be
removed elsewhere by the Port at the risk and cost of the licensee and penal
licence fee at the rate of ten times the normal rate will be levied on the
space occupied by the cargo so removed.
(v) Cargo stored under a licence shall be at the entire risk and responsibility
of the licensee. The licensee shall post his own watchman to safeguard the
cargo stored at the allotted space and to prevent any unauthorised occupation
of such space by others.
(vi) The licensee shall not construct or put up any building, erection or
convenience on space occupied under licence.
(vii) In case the licensee fails to hand over the space in vacant possession on
the date of expiry of the licence, HDC/CPT shall levy normal demmurage charges
as per HDC/CPT's Scale of Rates as applicable from time to time for the period
the cargo remains in HDC/CPT's premises beyond the period for which the licence
was granted.
(viii) If the licensee requires extension of the licence, an application for
extension must be made so as to reach the General Manager (Ops.), at least 7
days before the expiry of the period of the licence. The total period of
licence including all subsequent extention granted shall not exceed 3 years
from the date of initial allotment of space.
(ix) The licensee shall agree to comply with all rules and directions issued by
HDC/CPT from time to time. If the licensee neglects to comply with such rules
or directions, HDC/CPT may terminate the licence.
(x) The license is terminable on 15 days' notice on either side.
(xi) The licensee shall agree that all payments and expenses of whatever sort
due to HDC/CPT in respect of the licence be recovered at the rates prescribed
in HDC/CPT's Rent Schedule from time to time.
(xii) The licensee shall comply with all rules or regulations that may from
time to time be issued by the Municipal Authority or the Inspector of
Explosives, Department of Explosives, Government of India or whomsoever
concerned in relation to storage of cargo.
(xiii) In addition to payment of licence fee at the scheduled rate the licensee
shall pay municipal tax, if required and as applicable.
(xiv) The licensee shall pay electricity charges for energy supplied at
actuals, meter rent and cabling cost, if electricity is provided by the CPT.
(xv) The licensee shall pay the cost of water at actuals, supplied from the CPT
sources alongwith meter rent and pipeline connection charges.
(xvi) Security deposit [may be recovered at the rate equivalent to one months’
licence fee. The security deposit is refundable after completion of licence
period subject to adjustment of dues and damages.]
(xvii) The license fee will be charged from the date of handing over possession
of the land on the actual area to be found on demarcation. The amount of
security deposit will also be determined on the actual area as found on
demarcation.
(xviii) Items (13), (14) and (15) of `Notes’ of notified Rent Schedule
regarding time frame for payment of licence fee and other related issues shall
also be applicable.
(xix) No claim for any compensation whatsoever for revocation of the licence
will be entertained.
(xx) The licensee shall be required to utilise the allotted land for the
purpose for which it is licensed. No change in purpose of utilisation will be
allowed without specific written permission from the CPT.
(xxi) The licensee will not cause any damage to CPT properties. If, however,
any damage is caused, the licensee shall be liable to make good the damages at
his own cost and arrangement to the satisfaction of the CPT.
(xxii) The licensee shall have to make his own arrangements to keep the
allotted land and its surroundings neat, clean and in proper sanitary
condition.
(xxiii) The minimum area to be licensed to a single licensee will be 2000 sq.
mts.

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