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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.