The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 121] NEW DELHI, TUESDAY, APRIL 29, 1980/VAISAKHA 9 1902 Separate paging is given to this Part in order that it may be filed as a separate
compilation
486 THE GAZETTE Q£ INDIA : EXTRAORDINARY [PART II—SEC. 3(i)JMINISTRY OK SHIPPING AND TRANSPORT
(Port. Winji)
NOTIFICATION
New Delhi, the 29th April, 1980
S.O. 243(E).—Whereas the draft of the Port of New Mangalore (Regulation of the Use of Landing Places) Amendment Rules, 1990, was published, as requited by sub- section (2) of section 6 of the Indian Ports Act, 1908 (15 of 1908), at pages 105-106 of tho Gazette of India, Extra- ordinary Part II section 3(i) dated 23 February, 1980, under the notification of the Government of India in the Ministry of Shipping and Transport (Transport Wing) No. G.S.R. 58 (E) dated tho 23 February 1980, inviting objections and sugges- tions from all persons likely to be affected thereby till tho expiry of a period of forty-five days from the date of pub- lication of that notification in the Official Gazette;
And whereas the said Gazette was made available to tho public on the 29th February, 1980 ;
And whereas no objection and suggestions have been re- ceived from any person;
Now therefore, in exercise of the powers conferred by clause (k) of sub-section (1) of section 6 of the said Act, the Central Government hereby makes the following lilies to amend the Port of New Mangaloro (Regulation of the Use of Landing Places) Rules, 1977, namely :—
1.(1) These rules may be called the Port of Now Man- galore (Regulation of the Use of Landing Place*) Amend- ment Rules, 1980.
(2) They shall come into force on the date of (heir pub- lication in the Official Gazette.
2, In rule 2 of tho Port of New Mangalore (Regulation of the use of Landing Places) Rules, 1977,—
(1) for sub-rule (4), the following sub-rule shall be substituted namely :—
"(4) (a) The rent shall be payable in tho Manner specified in Iho permit card or the leale deed, as the case may be.
(b) Any default, not exceeding seven days in the case of permit card and thirty days in tho case of lease deed, in making payment of rent by the date on which it becomes due, shall make the permit card holder or the lessee, as the case may be, liable to pay, in addition to the amount of arrears rent, an interest at the rate of 15 per cent per annum on the accumulated arrears for the period of such default.
(c) Tn case the default exceeds seven days, in respect of permit enrd and thirty days in respect of lease deed, the lessor may, after giving a nolico In writ- ing of not less than 7 days to the permit card holder or the lessee, as the caso may be, resume possession of the land allotted to him under the permit card or the lease deed.
(d) In the case of such a resumption of possession of land, the permit card holder or lessee, a* the case may be, shall not be entitled to claim any com- pensation on account of such resumption of pos- sessions or to remove and take away the improve- ments, if any, made by him on the land.
(e) No interest on arrears of rent under this nrte shall be levied except after affording a reasonaMo Op- portunity of being heard to the permit card hol- der of lessee, as the case may be. ;
(2) For sub-rule (8), the following sub-rule shall be iubs- tituted, namely :—
"(9) If the renewal of the permit issued or the lease entered into under these rules is required for a fur- ther period, a fresh application in this behalf shall be made by tho person concerned, not lesa than seven days in advance in the case of permit and thirty days in advance in the case of lease, before the expiry of the period of validity of the said per- mit or lease to the chairman :
Provided that where such person makes luch fresh application within tho period so specified, the existing permit or lease, as the case may be, shall remain valid after the period of its validity on the existing terms and conditions, until Rich fresh application has been decided."
[File No. PGL-"l/77] D. K. JAIN, Jt. Secy.