Home India Part III-Section 2 JUDICIAL NOTIFICATION - Amendment to Rule 2 of Order II of R...
Date: 2021-09-08 Category: Not Applicable State: Tamil Nadu Country: India

JUDICIAL NOTIFICATION - Amendment to Rule 2 of Order II of Rules of the High Court, Madras, Original Side, 1994 - Madras High Court Writ Rules, 2021

Issued by Part III-Section 2 · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** The document is a publication of the Tamil Nadu Government Gazette, specifically Part III, Section 2, dated September 6, 2017. It contains statutory notifications and orders issued by heads of departments. The primary focus is the V.O. Chidambaranar Port Trust's amendment regulation regarding the issuance of entry permits for vehicles, equipment, and persons. The regulation was approved and finalized before this date. **Key Points / Main Content** * **Title and Scope:** * These regulations are called "V.O.Chidambaranar Port Trust (Issue of Entry Permit for Vehicles/Equipments/Persons) (Amendment) Regulations, 2017." * These amend the "Tuticorin Port Trust (issue of Entry Permit for Vehicles/Equipments/Persons) Regulations, 2005." * **Name Changes:** * Replaces instances of "Tuticorin Port Trust" with "V.O. Chidambaranar Port Trust." * **Permit Rules and Requirements:** * Replaces "These will not apply" with "These regulations shall not apply to visitors". * Substitutes "Chairman" with "Traffic Manager" in regulation 3. * Mandates the inclusion of "aadhaar number" after "designation" on the entry permit application. * States "The entry permit shall be issued at the pass section and shall be". * Requires equipment to have certificates obtained under the Dock Safety Regulations, 1990 (Form-II, Form-IV, and Form-VI). * Modifies language regarding permit violations, focusing on "entry of persons" instead of general entry. * Defines furnishing false information or misrepresentation as a violation. * Mandates reporting instances to "the port, the". * Specifies entering unauthorised places or entering the port without bonafide business as a violation. * Entry of vehicles or equipment "into the port” is to be inserted. * The words "30 kilometers in the Port area" shall be inserted after "speed limit of". * The words "or Government Hospital" shall be inserted after "in the port Hospital". * Adds "Driving the vehicle without wearing the uniform stipulated by the Regional Transport Officer." * Requires the insertion of "Carrying projected articles without red lamp or red flag at the front and rear end.". * **Penalties:** * Permits can be suspended or canceled by the Traffic Manager for violations. * Vehicle entry violations lead to a penalty of two hundred rupees and/or a port entry ban (up to one week for first two violations, and one month for subsequent violations). * Establishes dwell times and penalties for commercial vehicles. * Dwell time is calculated from Check Post I or II. * Dwell times are fixed by the Port in consultation with Port Users and notified through "Trade Notice." * Outlines dwell times and penalties for Containers (Export and Import), Other Cargo (Export and Import), and Other than Port Bound cargo. * Requires lorries carrying logs to fit red lights at both ends to avoid motor accidents. This incurs a penalty of five hundred rupees, communicated to the Traffic Squad. **Impact Analysis** **Stakeholder: Port Users (including vehicle operators, equipment operators, and individuals requiring entry permits)** * **Impact:** The amendments affect the application process, required documentation, rules for permit use, and penalties for violations. The introduction of dwell times and associated penalties directly impacts logistics and operational costs. The rules for lorries carrying logs have a direct safety impact. * **Action Required:** Users need to familiarise themselves with the amended regulations, comply with the updated application requirements, and ensure adherence to the specified rules for vehicle operation and dwell times to avoid penalties. **Stakeholder: V.O. Chidambaranar Port Trust (specifically the Traffic Manager)** * **Impact:** The amendments give the Traffic Manager increased responsibility in enforcing permit rules and imposing penalties. * **Action Required:** The Traffic Manager needs to implement the amended regulations, including setting up procedures for issuing penalties, monitoring compliance, and working with Port Users to establish appropriate dwell times. **Stakeholder: Central Government** * **Impact:** The regulations come into force from the date of its approval and final publication in the Official Gazette by the Central Government. * **Action Required:** Publication in the Official Gazette.

Key Entities Referenced

V.O. Chidambaranar Port Trust: A major port trust located in Tuticorin, Tamil Nadu, which is the subject of these regulations. Major Port Trust Act, 1963: The central legislation that provides the legal framework for the regulations issued by the V.O. Chidambaranar Port Trust. Tuticorin Port Trust (issue of Entry Permit for Vehicles/Equipments/Persons) Regulations, 2005: The principal regulations which are being amended by the current notification. V.O. Chidambaranar Port Trust (Issue of Entry Permit for Vehicles/Equipments/Persons) (Amendment) Regulations, 2017: The regulations published in the gazette, amending the earlier regulations regarding entry permits. Tamil Nadu Government Gazette: The official gazette where the amendment regulations are published.
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© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2017 [Price : Rs. 1.60 Paise..... TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No.36] CHENNAI, WEDNESDAY, SEPTEMBER 6, 2017 Aavani 21, Hevilambi, Thiruvalluvar Aandu–2048 Part III—Section 2 Statutory Notifications and Orders issued by Heads of Departments. NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. CONTENTS Pages. V.O. CHIDAMBARANAR PORT TRUST, TUTICORIN V.O. Chidambaranar Port Trust (Issue of Entry Permit for Vehicles/ Equipments/Persons) (Amendment) Regulation, 2017 .. 128-130 DTP—III-2 (36) [127 ]128 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. V.O. CHIDAMBARANAR PORT TRUST, TUTICORIN V.O. Chidambaranar Port Trust (Issue of Entry Permit for Vehicles/Equipments/Persons) (Amendment) Regulation, 2017. (No. TRA-OPNOP-VEH-DWELL-V3-17/41761/(VOL III)/D.2041) No. SRO C-20/2017. In pursuance of sub-section (2) of Section 124 read with sub-section (1) of Section 132 of the Major Port Trust Act, 1963 (38 of 1963), the V.O. Chidambaranar Port Trust hereby publishes the following regulations as required under said sections, namely:- 1. Short Title And Commencement: (1) These regulations may be called the V.O.Chidambaranar Port Trust (Issue of Entry Permit for Vehicles/Equipments/Persons) (Amendment) Regulations, 2017. (2) These regulations shall come into force from the date of its approval and final publication in the Official Gazette by the Central Government. 2. In the Tuticorin Port Trust (issue of Entry Permit for Vehicles/Equipments/Persons) Regulations, 2005 (herein after referred to as the principal regulations), in regulation (1), - (i) In sub-regulation (1), for the words and brackets “Tuticorin Port Trust (issue of Entry Permit for Vehicles/ Equipments/Persons)” the words and brackets “V.O. Chidambaranar Port Trust (Issue of Entry Permit for Vehicles/ Equipments/Persons)” shall be substituted; (ii) In sub-regulation (2), for the words “These will not apply” the words “These regulations shall not apply to visitors” shall be substituted. 3. In the principal regulation, in regulation 2, - (i) In clause (b), for the words “the Board of Trustees of the Port of Tuticorin”, the words” the V.O. Chidambaranar Port Trust” shall be substituted; (ii) In clause (d), for the. words “Tuticorin Port Trust”, the words, “V.O. Chidambaranar Port Trust” shall be substituted. 4. In the principal regulations, in regulation 3, - (i) In clause (ii) for the word “Chairman”, the words ”Traffic Manager” shall be substituted; (ii) In clause (iii) after the words “designation”, the words “aadhaar number”, shall be inserted; (iii) In clause (iv), after the words “The entry permit shall be”, the words “issued at the pass section and shall be”, shall be inserted. 5. In the principal regulations, in regulation 4, for sub-regulation (c), the following sub-regulation shall be substituted, namely:- “(c) In the case of equipment, in addition to the documents, mentioned at sub regulation (2), certificates obtained from the competent authority under the Dock Safety Regulations, 1990 i.e., Form-II, Form-IV and Form-VI shall also be produced”. 6. In the principal regulations, in regulation 5, - (i) In sub-regulation (a), for the words starting with “In the case of entry” and ending with the words “under the Regulations”, the following shall be substituted, namely:- ”In the case of entry of persons into the port, the following shall be construed as violations under these regulations:” (ii) In sub-regulation (a), for clause (i), the following clause shall be substituted, namely:- “(i) furnishing of false information or misrepresentation of facts by the persons or agents for obtaining entry permit”; (iii) In sub-regulation (a), in clause (ii), after the words “Not bringing to notice of "the words “the port, the” shall be inserted;Sep 6, 2017] TAMIL NADU GOVERNMENT GAZETTE 129 (iv) In sub-regulation (a), for clause (iii), the following clause shall be substituted, namely:- “(iii) entering a place to which he is not authorised or entering the port without bonafide business inside the port.”; (v) In sub-regulation (b), after the words, “entry of vehicles or equipment” the words “into the port” shall be inserted; (vi) In sub-regulation (b),- (a) In clause (vi) after the words “speed limit of" the words “30 kilometers in the Port area” shall be inserted; (b) In clause (xiii) after the words “ in the port Hospital”, the words “or Government Hospital” shall be inserted; “(xvii) Driving the vehicle without wearing the uniform stipulated by the Regional Transport Officer.” (c) for clause (xv), the following clause shall be substituted, namely:- “(xv) Carrying projected articles without red lamp or red flag at the front and rear end.”; (d) after clause (xvi) the following clause shall be inserted, namely:- 7. In the principal regulations, for Regulation 6, the following regulation shall be substituted, namely:- 6. Penalties; - (a) For violation by persons in obtaining or using the entry permit, the permit of the person shall be suspended or cancelled by the Traffic Manager. (b) For violation in respect of vehicle entry, listed in sub-regulation (b) of regulation 5, penalty of two hundred rupees and or banning of entry into the Port for a period up to one week on each occasion would be imposed by the Traffic Manager and if violation of any kind is noticed on a third occasion within six months, the vehicle shall be banned entry into the Port area for a period of one month, in addition to levy of fine by the Traffic Manager. (c) Dwell time and penalty for commercial vehicles inside the Port area shall .. (i) for the purpose of levy of penalty for overstay of commercial vehicles inside the Port area, the time shall count from Check Post I or II on entry to Check Post I or II on exit and for excess stay time within the Port area beyond the specified duration shall involve penalty and any relaxation due to reasons beyond the control of either parties is required, then, the relaxation of penalty is left to the discretion of the Traffic Manager. (ii) The Dwell time shall be fixed by the Port in consultation with the Port Users and notified to the users in the form of a “Trade Notice”. (iii) Dwell time and penalty for commercial vehicles inside the Port area are as follows: SI.No. Type of Vehicles Time allowed for Turn Round Penalty (Check Post I, II and back) (1) (2) (3) (4) 1. Container (Export) Fourteen hours Beyond fourteen hours, penalty of fifty rupees imposed for every subsequent two hours for over staying. 2. Container (Import) Five hours Beyond five hours, penalty of fifty rupees imposed for every subsequent two hours for over staying. 3. Other cargo (Export Eight hours Beyond eight hours, penalty of fifty rupees and Import) imposed for every subsequent two hours for over staying. 4. Other than Port bound Twenty four hours Beyond twenty four hours, penalty of fifty rupees shall be imposed for every subsequent two hours for over staying.130 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 (d) Any lorry carrying logs inside the Port area or outside the port area is expected to fit Red lights at both the ends so as to avoid motor accidents which will invite a penalty of five hundred rupees and imposition of penalty will be conveyed to the Control room of the Traffic Squad. Tuticorin - 628 004, U. RAJENDRAN, 24th August 2017. Traffic Manager. PRINTED AND PUBLISHED BYTHE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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