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(Substituted as per decision taken by IDC vide 25 of the meeting held
on 13.11.2000, item 9 of 8.1.2001 and
item 8 dated 29.6.2001.) |
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18 TRANSFER OF PLOT AND CHANGES IN CONSTITUTION |
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18 (a) Transfer defined: For the purpose of this provision
transfer of plot (transfer of leasehold rights) will mean transfer of full
plot, by way of sale, lease, assignment etc. including Merger, Acquisition
and Amalgamation of the Companies. It will include transfer of plot/land by
an individual/firm/company or any other allottee/lessee
as the case may be. Note: (i)
The transferee
will have the status of an allottee/lessee of the
Corporation and all the rules and regulations of the Corporation will apply
to the transferee 'Mutatis-Mutandis'. The transferee will be holding the land
for the remaining lease period available in balance with the transferor of
the land/plot. (ii)
Lease period of
99 years will be computed from the date of original allotment in these
transfer cases. (a-i) Transfer of interest
in Firm: If, at any stage holding /
ownership interest of the proprietor/ promoter partners, who were there in
the firm at the time of plot/land allotment as the case may be, goes down
below 51% in the firm, the same will be treated as transfer of allotted plot
for the purpose of these rules & transfer fee as prescribed below will be
charged. (a-ii) Transfer of interest in Company: In case of private limited
/ public limited companies, plot transfer will be so treated if the allotted
plot is transferred to a new company / firm. But when only shares of a
company are transferred or Directors in the company are changed and the plot
remains in the name of same company, it will not be treated as transfer of
plot. 18 (b)Transfer Fee: (I) Transfer of plots allotted
by RIICO for industrial, educational institutions and supportive services, by
lessee / sub-lessees will be subject to nominal transfer fee as under:
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(II) In cases of transfer of plots allotted for residential and commercial purposes, the rates of transfer fees would be as follows:
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18 (c) Exemptions : The following cases will be exempt from payment of
transfer fee: (i)
If transfer of
plot/land or interest/holding in the firm is in favour
of blood relations. The spouses shall also be treated at par with blood
relatives. (ii)
If the transfer
of the land/plot is being affected due to sale of land/plot by Financial
Institutions, RIICO, RFC, Banks, DRT or the competent Courts under the
relevant Act, after taking over the assets of the unit. (iii)
If the transfer
of the land / plot is being affected in pursuance of rehabilitation scheme
sanctioned/ approved by BIFR/AAIFR/Financial Institutions. (iv)
If the plot is
being transferred to a new firm wherein the transferor proprietor/partner(s)
and / or their blood relations are holding controlling shares in the new
transferee firm. (v)
If an allottee proprietorship firm/partnership firm wants to
carry out the business in changed name and / or style (converting into
proprietorship firm/ partnership Firm/ Company as the case may be) provided
the original proprietor/partners and / or their blood relations hold major
share holding in the new set-up. (vi)
If an allottee private limited / public limited company
continues to carry out the business in its name irrespective of making
changes in their board of director or carry out the business in the name of
the company permitted by re-placing the name of existing company. 18(d)
Explanations and Notes: (i) Transfer of plot(s) under the rule will be permitted only after the plot(s) has been utilized for setting up of the project as per the rules. However, in the following cases of the plot(s)/land allotments, transfer of vacant plot(s) can also be permitted provided other related criteria/provisions of the prevailing rules/policy etc. are met with: (a) Plots allotted on or before 3.12.2005. (b) Plots/land allotted to the khatedars, concerned in lieu of the cash compensation (as
per decision of the IDC vide item13 of its meeting held on 27.10,08) (ii) Existing partners / promoters means partners / promoters existing at the time of plot allotment. (iii) Blood relations means husband, wife, sons, daughters, brothers, sisters, father, mother, grand father & grand son of the allottee. (iv) Transfer of the plot under the rule will be subject to the condition that the Corporation will not be responsible to provide any infrastructure facilities viz. road, water, power, drainage, street lights etc. It will be the exclusive responsibility of the transferor/transferee to arrange the required infrastructure facilities at their own level and cost. An undertaking to this effect shall be taken from the transferor / transferee at the time of issuing permissions for transfer under the rule. (v) Transfer of plot / land under these rules will be permitted for the same purpose for which the plot / land had been allotted. (vi) Computation
of transfer premium would be done as per the rate prevailing on the date of payment made by the allottee. (vii) All provisions as have been mentioned in this rule will be applicable on all pending cases. However the cases wherein transfer premium has already deposited shall not be reopened. (viii) Transfer of plot by concessional category candidate to same category (as defined in Rule 3) or transfer of plot after five years from the date of commencement of commercial production to general category shall be allowed (under rule 18 above), without recovering rebate granted on allotment, otherwise the amount of concession allowed at the time of allotment shall also be recovered with interest from the date of allotment to the date of payment. The period of possession remained with financial institution or the unit remains closed after production shall be treated in the 5 years period. However, provision of rule 18 shall also be observed in such cases. (ix) The transferor of the plot would submit No Objection Certificate from the secured charge holders to whom the title deed has been mortgaged. A specific condition shall be laid down in the letter of transfer that, RIICO shall not be liable for any dues of Government Departments / Organizations / Companies or Financial Institutions. (x) Entrepreneurs belonging to Ex-serviceman and War Widows category may be allowed to take blood relatives in partnership provided the allottee eligible for concession holds major share in partnership (minimum 51%) both in capital and distribution of profits. (xi) The Sr. DGM / Sr. RM / RM are fully authorized to permit change in constitution and transfer of land under Rule 18. (xii) The allottees seeking / informing changes in the constitution of firms/companies or transfer of plot shall submit the letter alongwith registered documents, related to the changes/transfer. (xiii) In case of change in constitution of firm / transfer, stamp duty if payable under the stamp laws in Rajasthan, the same will be borne by the allottee concerned. (Inserted/amended
as per decision taken by the IDC on 16.3.2001, 20.05.2004 &21.10.05 and vide item12 of its
meeting held on 27.10.08)
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18 (e): Allottees of industrial plots may be permitted to transfer / use the allotted plot for setting-up telecom infrastructure related service, on payment of a premium @ 5% of the prevailing industrial rate if the plot is located in saturated industrial area. However, no premium shall be charged for such transfer if plots are located in non-saturated industrial areas at the time of the transfer. 18 (f) Exchange of Plots: (f-i)
Mutual Exchange of Plots: Exchange of allotted industrial and residential plots of same size among allottees in the same industrial area/ residential colony can be allowed without charging any premium. (f-ii) Exchange of allotted industrial plot with vacant plot in the industrial area with a view to resolve the dispute: a. In case of plot allotted through normal procedure and the plot allottee is not in position to commence activities due to land dispute, then equivalent size vacant plot may be allotted on original allotment rate in the same area provided the area is non-saturated industrial area and if no such plot is available in the said industrial area, then he may be given an option to take a plot in other non-saturated industrial area. b. In case of plot allotted in auction or under TBAY goes under dispute then plot will not be exchanged and the deposited money can be refunded to the party alongwith interest with the approval of CMD. In saturated industrial areas plots are auctioned after fixing the reserve price depending upon the location of plot and the plot is auctioned on 'as is where is' basis. However, on the request of party for allotment of alternate plot in other non-saturated industrial area, plot may be allotted on the rate of development charges prevailing in the area and the money deposited against the disputed plot would be adjusted against the new plot. c. In case of plot allotted through normal procedure but at the time of resolving the dispute the industrial area becomes saturated, in such cases plot will not be exchanged in the same area and deposited money will be refunded with interest with CMD approval. However, on the request of party for allotment of alternate plot in other non-saturated industrial area, plot may be allotted on the rate of development charges prevailing in the area and the money deposited against the disputed plot will be adjusted against the new plot. d. In this policy, only those plots will be considered under dispute wherein competent court has granted stay or there is trespass of religious nature due to which the allottee is not able to carry out the activities in the plot. e. The cut off date for seeking the relief will be two years from the date of execution of lease deed or the date of plot possession taken, whichever be earlier. In case of delay, only deposited money will be refunded considering the plot allotment as cancelled or surrendered. f. In case area of the offered plot in the same area is more than the area of plot allotted earlier then development charges for the excess area will be levied at the prevailing rate in the area. However, in case of deficit, in the area of offered plot, development charges for the deficit area will be returned at the original rate of allotment alongwith interest as per the Corporation policy. g. In case the rate of development charges of the plot offered in exchange in other area is more than the rate of allotment of original plot then the allottee will pay the difference in development charges, however, in case the rate of development charges is less, then the Corporation would refund the amount at the original rate of allotment alongwith interest as per the policy. (Clause 18-5(f-1)
inserted as per IDC decision taken on 27.12.2004) (f-iii) Exchange of
Plots Allotted in Business Campaigns: Further, plots
allotted in Business Campaigns may be allowed for exchange by the unit head
with vacant plot in the unsaturated industrial area on payment of a fee @
Rs.5/- per sqm. provided
the rate of development charges in the area is unchanged. If the request for
exchange of plot in the same area is accepted then the allottee
shall not be charged on account of service charges and economic rent for the
financial year during which the plot exchange has been allowed, for the
exchanged plot if economic rent and service charges have been paid for the
earlier plot. Any case of exchange of plot in saturated industrial areas will
be decided by IDC. In case of allotted plot under depression or near to
polluting unit, plot exchange will be permitted at the level of Executive
Director subject to payment of fee @ Rs.5/-per sqm.
All the cases of exchange of plot relating to industrial areas Bhiwadi, Chopanki and Khuskhera will be decided at HO Level. (Decided by IDC vide item 12 on
12.08.2005) |
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18 ( g ) Surrender / Cancellation of
Plots allotted for any purpose such as Industrial / Residential
/Commercial/Institutional: In case the Corporation cancels allotted plot or if any allottee or a lessee intends to surrender the plot or part thereof for any reason, the Corporation may accept it on the condition as it may deem fit. In such cases of plots surrender/ cancellation after 1st June 2004, the amount of development charges recovered from the party will be refunded after dealing the case in the following manner: (i)
Service charges, economic rent and interest on unpaid service charges
and economic rent till the date of surrender/cancellation of plots will be
deducted from the refundable amount. (ii)
Security deposit/ amount of keenness money will stand forfeited. (iii)
Deduction of development charges irrespective of date of plot
allotment will be made as under:
(iv)
The interest received will not be refunded and
outstanding interest till the date of plot surrender or cancellation will be
recovered and deducted from refundable amount of development charges. (The policy is amended as per IDC
decision taken vide item 8 on 20.5.2004) (v) Dispatch of the cheque of refund of amount sent by registered A.D. post should be considered as refund of the amount under RIICO Disposal of Land Rules, 1979 irrespective of non- encashment or returning of the cheque by the concerned party to the Corporation. The money shall be refunded only after the possession of the land is handed over by the party or possession is taken as per orders of the competent court / authority or deemed possession of the vacant plot. (Substituted as per IDC decision taken vide item 8 on 10.12.2001 and item 8 on 27.12.2002) (g-i)
Conditional Surrender: For the purpose of setting up of a new unit in joint venture with a foreign company, the allottee may be allowed to surrender his plot to RIICO. The same plot may be allotted to the proposed new unit at the rate prevailing on the date of allotment, irrespective of the priority list of the pending applications and holding of controlling share by the original proprietor / partner(s) / directors. (g-ii) Surrender of allotted plot/land by the khatedar: In case allottee Khatedar surrenders allotted plot, the amount of cash compensation may be paid as per award without interest after recovering outstanding dues towards economic rent and interest thereon and other dues, if any, till the date of surrender of the plot/land. (Inserted
as per approval of IDC vide item 14 of its meeting held on 27.10.2008) 18(h) The
deposited amount shall be refunded alongwith
interest as per the prescribed rate with the approval of the Managing
Director in those cases where the allotment / possession of the plot could
not be given by the Corporation due to court case or other unavoidable
circumstances. However, the present rate of interest (w.e.f.
1.11.2003) is as following: |
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If amount remains with the Corporation for a period less than 1 year |
@ 5.50% p.a. |
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2. |
If amount remains with the Corporation for a period of 1 year and above |
@ 6.00% p.a. |
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(Inserted as per IDC decisions taken vide
item 28 on 20.9.1997, item 6 on 21.2.1998 and office order No. IPI/F-1
(9)2/82 dated 29th October, 2003) (h-i) Where an entrepreneur is desirous of getting a plot / plots allotted in any of the Industrial Area of RIICO in lieu of the plot / plots already allotted to him/ her in a particular industrial area, the entire amount deposited by the entrepreneur on account of Security Money and Development Charges shall be transferred by the concerned Unit Office after deducting the due amount of service charges, economic rent from the date of allotment to the date of such transfer, and interest thereon to the other concerned Unit Office, where the allotment of plot is being requested or allotment has already been made. The expenditure incurred on the lease deed will not be adjusted in any case. The fresh lease deed will have to be executed at the cost of allottee for change of plot in another area . However, in case of surrender of such new plot, 5% development charges (10% in case of NCR) shall be first calculated for both the plots allotted in two industrial areas and higher of these two amounts shall be deducted alongwith other, deductable amount while refunding the deposited amount. Note : Such requests shall be considered at the rate of development charges prevailing in the desired area on the date of application for transfer made by the allottee. How ever no allotment shall be made in those areas where decision has been taken for allotment of plots through open auction or under tatkal bhookhand awantan yojna. (Inserted
as per decision taken by IDC vide item 13 of the meeting held on 28.6. 1997
and clarification issued vide circular No. IPI/U (2) 2 (1-931/01) / 1602
dated 28th February 2002.) 18 (i)
No Refund of cost of structures after cancellation / surrender of plot. The Corporation shall neither demand the cost from new allottee for structures built up and left by old allottee due to surrender / cancellation of allotted plot nor undertake the payment of construction of such structures to old allottee. However , old allottee may consider to take away goods left by it as per clause of lease-deed. (Inserted as per decision taken by IDC vide item 15 of the meeting
held on 13.11. 2000. Inserted
as per decision taken by IDC in the meeting held on 28th February 2002.) 18 (j) SURRENDER OF SHED : Surrender of shed may be accepted in the following manner : a) Where the allottee has taken the possession of the shed but desired to surrender it, the surrender may be accepted on such terms & conditions as may be decided by the Corporation. b) Where
lease has been executed, the lessee shall execute formal surrender deed at
his cost in favour of the Corporation . |