Odisha Gazette, No. 304, 31 January 2025

The Odisha G a z e t t e

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 304 CUTTACK, FRIDAY, JANUARY 31, 2025/MAGHA 11, 1946

PARADIP PORT AUTHORITY

NOTIFICATION

The 31st December 2024

No. 3878(cid:888)AD/EST/LAND-I-14/2018(Pt-I)(cid:650)In exercise of the powers conferred under Section-27(1) of the Major Port Authorities Act,2021,the Board Members of Paradip Port Authority vide Resolution No.134/2024-25 dated 31.12.2024 have approved the Scale of Rates for allotment of Port land outside the Custom Bonded in favour of Educational Institutions, as in the order appended hereto, attached as Annexure-A.

P. L. HARANADH

Chairman Paradip Port Authority2

Annexure-A

PARADIP PORT AUTHORITY

Scale of Rates for leasing out of Port land outside the Custom Bonded area in favour of

Educational Institutions.

A) The various definitions / conditions / notes in the proposed draft SoR is as follows :

1. SHORT TITLE, COMMENCEMENT AND APPLICATION

a) This may be called "Scale of Rates (SoR) for leasing out of Port land outside the Custom Bonded area in favour of Educational Institutions."

b) The same shall come into force on such date approved by Board Members of PPA.

c) It applies to the areas located beyond the custom bond area in Township zone and Sector-21 zone for Educational Institutions for a period of three years from the date it is effect.

2. DEFINITION

a) "Adjudicatory Board" means the Board constituted by the Central Government under sub-section (1) of section 54.

b) "Board", means the Board of Major Port Authority constituted by the Central Government in accordance with sub-section (1) of section 3 for each Major Port under this Act.

c) "Chairperson" means the Chairperson of the Board appointed under sub-section (1) of section 4.

d) "Deputy Chairperson" means the Deputy Chairperson of the Board appointed under sub-section (1) of section 4.

e) "Major Port" or "Major Port Authority" means the Major Port as defined in clause (8) of section 3 of the Indian Ports Act.

f) "Land", shall have the meaning assigned to it as in Section 2 (1) (p) of Major Port Authorities Act, 2021.

e) "Lease", shall have the meaning assigned to it as in Section 105 of the Transfer or Property Act, 1982 i.e., "transfer of a right to enjoy immovable property, made for a certain time, expressly provided for, in consideration of a price paid or promised, or of money to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms".

f) "License", shall have the same meaning assigned to it as in Section 52 of the Indian Easements Act, 1882 i.e., "a right granted to another person by the grantor, to do or continue to do upon the immovable property of the grantor, something which would, in3 the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property.

g) "Upfront basis", means allotment of land on lease basis on payment of one time upfront payment for the entire lease period and the nominal lease rent approved by the Boar from time to time.

h) "Premium basis", means allotment of land on annual lease basis on payment of annual lease rent with escalation approved by the Board from time to time.

i) "Registration charges", means the charges to be borne by the lessee/licensee towards the costs of preparing, stamping and registering the lease/license agreement and also the cost of a counterpart or a copy, if required.

j) "Document preparation charges", means one time charges to be paid by the lessee/ licensee to the Board for preparation of lease/license agreement.

k) "Security Deposit", means refundable amount to be kept with the Board by the lessee/ licensee for the entire lease/license period subject to fulfilling all the agreed terms and conditions.

l) "GST', means a statutory tax levied by the Government for goods & services but actually born by the customers. It is categorized under Indirect Tax and came into existence under GST Act.

m) "Penalty", means the charges levied by the Board for violation of terms and conditions of allotment and wrongful use and occupation of allotted premises.

3. Terms and Conditions

3.1 Due date Payment

The charges to be remitted within a period of one month from the date of issue of demand note.

3.2. Mode of Payment

The payment should be made through RTGS/NEFT/DD in favour of F.A.& C.A.O., PPA.

3.3 Interest on delayed payment

Any arrears of rent or other money accruing to or in favour of the Paradip Port Authority or from the lessee shall be recoverable as a public demand with interest @ 12% per annum without prejudice to any action that may be taken by the Port to recover by a suit in the court having jurisdiction over the area.

3.4 Counting date of allotment

The allotment period will be counted from the date of issue of allotment order.

3.5 Non-utilisation of allotted land

If the allotted land is not utilized for the purpose for which it has allotted within a period of 24 (twenrty four) months from the date of possession, the allotted land will be cancelled and all the payments made for such allotment will be forfeited.

3.6 Penalty

a) If the lessee breaches / violates any provisions of lease agreement, the Board would reserve the right to impose the appropriate penalty or cancel the lease depending upon the nature and magnitude of such violation. In case of cancellation, no refund will be made.

b) If the lessee/licensee continue unauthorized beyond the approved period, will be liable to pay compensation for wrongful use and occupation at three times of the then Scale of Rates till the vacant possession is obtained.

3.7 Observation of rules and regulations of Paradip Port Authority;

The lessee /licensee shall observe all provisions of laws, rules, bye-laws, regulations, orders and notification relating to the Port issued by the Central Government Board, Chairman/ Chairperson or any other competent authority from time to time and shall pay the rates approved by the Board from time to time.

3.8 Refund of proportionate value in case of resumption of the allotted premises

before expiry of lease in Port interest.

The lessee/licensee is eligible to get refund on prorate basis for the left out period of lease/license without interest if the land is resumed before the expiry of allotment period for Port purpose. In case of rehabilitation in other location at the discretion of the Port, the lessee/licensee has to pay differential amount on prorate basis for the left out period as per the prevailing SoR.

3.9 All the allotments of Port land and buildings are governed by Paradip Port Authority Immovable Properties (Lands and Houses) Leasing and Licensing Regulations, 1975 and Land Policy Guidelines issued by the Ministry of Shipping, Govt. of India from time to time. Any provisions of the above which has not been specifically spelt out in the above terms and conditions deemed to be covered.

3.10 The reserve price in terms of annual lease rent prescribed above shall bear an escalation factor of 2% every year.

3.11 The Scale of Rates for leasing out of Port land outside the Custom Bonded area in favour of Educational Institutions i.e., for Township zone and Sector-21 zone will remain valid for a period of 03 (three) years and shall come into effect after expiry of 30 days from the date of notification in the State Gazette.

3.12 In case of any inconsistency in the definitions/ conditions/ notes in the Scale of Rates

vis-à-vis the Policy Guidelines for Land Management, 2014, the provisions contained in

the Policy Guidelines for Land Management, 2014 would prevail.

4. Scale of Rates for leasing out of Port land outside the Custom Bonded area in favour of Educational Institutions.

The above rates will be escalated @ 2 % per annum.

The above SoR for leasing out of Port land outside the Custom Bonded area in favour of Educational Institutions will remain valid for a period of 03 (three) years after expiry of 30 days from the date of notification in the State Gazette. Modification, if any, on account of any revision/ modification of Policy Guidelines for Land Management shall come into force with the approval of Board of PPA.

Chairman

Paradip Port Authority

Printed and Published by the Director, Directorate of Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 2090—173+5