Building Regulation & RIICO Rules
Building Regulation & RIICO Rules
Building Regulation & RIICO Rules
CORPC}RATIOIr LIMITED
uDyoGhBIrAwAN, TITAI(-MARG, JAIpUR-3O2OO 5
An agenda item on the subject matter was piaced before the IDC vide
item no. 28 of its meeting held on 25.A8.2021. The Committee has
accorded approval to the zuICO Building Regulations-202l, as annexed
at Annexure-A. This will replace the existing Building Regulations-2O18
as prortded in RIICO Disposal of Land Rules, 1979.
(Rukmtrffir&l)
Executive Director
Copy to:
1. Adviscr (A&M)/FA
2. Secretary
3. CGM (Infra/Fin/PR)/cGM (Fin)
4. OSD (LanC)/LAO
s. GM (civiVEM)/GM. (BP)
6. AGM (P&D)
7. Sr. DGM (Law)
-,
\-84 DGM (IT) - for uploading on website
9. All Unit Heads
10. P&D Cell Officers:
sr. RM (sL)/(LcM)
11. Sr.RM (M&C) /Dy.Mgr (P&D)
L2. STP/ATP
q\.-
RIICO BINLDIN
BIIITDMG RPGITLATIONS: INDUSTRIAL BIilLIiI$GA
PRTAIIBLE
Ttrese Building Regulations shall be apolicable to all Industial piots in
zuICO Industrial Areas.
DEFIT{ITIONS
Fot defititions, building part requiretnents and Fire Fighting
"U
requirement definitions eiven in T,iational Building Code of India' and
'uoaet naiasttran Url issued bY
Urban Development & Housing Department, Go'veru.ment of Rajasthan
and including amendment therein amended frorn time to time, shall be
mutatis-mutandis applv.
For othe. pro"isions which not specilically mentioned in these Building
Regulations provisions given under
' shall
provisions-qgh.
GEITERAL CCNDITIONS
At! buildingi shall be constructed in accordance with the
RIICO/Municipal bye-laws, regulatior's and lease deed conditions in
force from time to time as well as any other law, rules and regUlations
time beine in force relatrng to the construction anci use of the premises.
3.2 The Gssee shall meet all statutory liabilities under various
Laws/obl.igations for safety measures at its cost and responsibility;
3.3 Atl sunrey boundary marks demarcating the boundaries of plots shali be
preserved and kept in good repair by the l,essee during the period of
construction. Where more than one Lessee i.s concerned with the same
boundary mark, the oflicer authorized by the Corporation shall allocate
tiris obligation suitably.
No permanent nature of structure shall be built on the plot in the
Page I of19
Construction in sr.lch plot can be taken up as per provision of these I
4.1.3 If, the Lessee does not submit Building plan to the concerned Unit oflice
for record pu{pose before commencement of construction activities on
allotted plot, then, a penalqy @ l% of prevailing rate of allotment of the
industrial area concern calculated on total plot area subject to maximum
upto Rs. 1.00 lakh, shall be charged from the Lessee at the time of
submission of building plans for record. OnIy after the lessee had
submitteC building plan, action for verilication of Production activity
shall be taken by tlre Urui oifice as per rules.
The above provision would bc applicable on the new construction with
prospective effect.
| 4-2 For Industrlal butlding ln plot area above 4O,OOO sqm or wlth
L-
| 4.2.1
constr."rctlon area of IO'OOO sqm and above
No construction work shall be commenced unless the building plans
have been approved by the authority/officer authorized by the
Corporation.
No additior:s or alterations of buildings (except internal afteration which
do not affect provision of Building Regulations), for which Building Plan
have been so approved, shall at any time be made except with the prior
approval of the saicl authority/oflicer.
Additionat provlsioas and conditlons for constnrction area 1O,O@ sqm
and above
4.3.1 Sewerage Treatment Plant (STP) of required capacity, which shall bring
sewerage and domestic discharge within the parameters as prescribed by
Department of Environment, shall be included.
4.3.2 A complete and comprehensive system of collection, transportation and
disposal of Munici;pal Soiid Waste strictly in accordance with the Solid
Waste Management Rule '23L6 (as amended from time to time), shall be
included.
The Lessee shall provide a certifi.cate of an environmental consultant
registered with Delpartment of Environment, GoR/MoEF, at the time of
submission of building plans, that provisions have been made in the
building plans in accordance with prescribed norms of the Department
of Environment.
4.4 Competent Authonity
Ccncerned Unit Flead shall be competent authority fcr approval of
buiiciing plan. The Corporation may autJ:orize arry other authority/officer
in this behalf.
Technical per:son eligible for submission
Architect registered with Council of Architecture shall prepare and submit the
buildingplan.
Page 2 of 19
The Architect shall certitt that dre buildiag plan prepared is as per the
technical norlns.
4.5.3 In case, ttle plan submitted by the Architect is nnt as p€r the norms, then the
legal resgronsibility shali be that of the fuchitect and the Corporation shail not
be responsible for any act of omission or commiesion of *re Architect.
Page 3 ofl9
| +.o Ifine perrd hr En3tdlng Plan Appraval
Page 4 of19
5.2 @sqm above strall lx re$rired to leave a clear
oi
pa$sage of minimum 4.5 m, around the building for movement of firefigfrtiug
engine.
5.3 Corner plots would have two front setbacks as indicated in Table l.
5.4 Setbacks of Fiots facing more than one road shcrrld be re{.etermined in suc}r
a manner tfuat main front should be kept as it is. Other frorrt setback may be
re-deterrnined by Unii. office only if it is rr oonfor:nity with the buil<iing line on
the other road.
5.5 1111epttscdbed setbacks are minimum and rnrry be increased to maintain
uniformity ih the area as may be con:idered necessry" _
5.6 Prescrlbrng setbaclcs to sub divtd€d ptots
The setbacks of the sub-divided nlots shall be allowed subject to maintaining
front setbacks as prescribed for the particular block, and for remaining sides
as per Table-l.
5.1 Prescrlblng setbac&s to merged/reconstituted plot
Following are the norrns for prescribing tire setbacks ot tie
merged / reconstituted plot
5.7.! nots not having any constnrstlon: All setbacks shall be prescribed in
accordance to the area of reconstihrted plot as prescribed i:r rule.
5.7.2 -Oddrral plot havtng constnrction {witbout arryvlotratlon} and otber pl,ot{s}
which ts betng reconstltuted wltJrout any coastnrcfion: All setbacks u:
constnrcted plot of such reconstituted plot may be retained as per original and
construction shall be permitted in the balance area in conformity with the
building line of the existing construbtion, provided that the gross utilized area
(after new construction) does not exed the per:rrissible utilizable area as per
the size of the reconstituted plot. Howwer, passage around the building for
movement of firefighting engine shall be mandatory for plots havi:rg area of
4OO1 sqm orabove.
5.7.3 Originat plot as well as ot$er plot(sf whtch ts berlg reconstituted hardng
constnrctlon {vrit}out any vlotrationf: All setbacks shall be prescribed as per
Regulation 5.7.2 abc"rre. However, in such cases allotiee shall have an option of
making alteration of the construction in original plot or other plot being
merged, so that the total utilized area is v/ithin permissible limit as applicable
for the size of the reconstituted plot.
5.7.4 In F-egulation 5.7.2 and 5.7.3 above, the l,essee would have to remove the
remaining construction falling in setback area of the reconstituted plot,
which is not covered under either applicable category (i.e.5.7.215.7.3).
v Page 5 of 19
6 ffiffsEraAcKARr ta TTAFLE-2)
s. Chowkidar
Ilo" Saru*ty S€curit;l CYc1e, Toilet I
in sctback l
6 6 I
I s 3 4
:e.uux 1.5Ox 2.OO
I soo-1000 3.$Ott B.sOx
6eq_-_ 5.OO
:z root-3000
5.150
3.3Os 3.50x 2.O0x i-so; a-oo 3.OOx 6.00
4 !{n 6.OO 8.OO
3.OOx 2.5Or( 4.5o 3.(,dlx o.uu
3 3001.-4000 S..gCrl' 3.SOx
gctx! 6.60 ?.oo 8.OO
4.0Ox 4.OOx 3.OOx z.Dux
4 4001-sooc
l!dtn 6-60 7-O0 8.OO
4.00x 4.0 x 6.0 3.5Ox 6.00
q
5001-10000 4.00x 4.OOx
satli-I 6.SO 7.OO 20.o0
4.SOx 5.50x 4.OOx 7.OO 3.5Ox 6.OO
6 1OOO1 sqm
7.OO 20.0o {Trro Nos.}
to 5 aeres
5.5Ox 5.5Ox 4.OOx 8.OO 3.sOx 6.00
7 lts.ts 15
8.AO 25.O4 {Two Nos.)
acres
4.OOx 9.OO 3.SOx 6.00
I llBls.so 6.OOx 5.5Ox
30.oo (Four Nos.l
acrea 9.OO
6.OOr 5.SOx 4.OOx1 3.sOx 6.00
9 Above 5O {Four Nos.'
to.oo 35.O0 o.oo
acrgs
the width of
thre sdtbacks or 3 rneters whichenrer is less'
drive waYlevel)
6.1.6
Page 6 of 19
6.1.10 One Firet Aid room cr Dispensary upto 5O s@ in area in plot area It.;ruUU
10O0O
I
I
sqmand above I
6.1J I
allotted plot to a stone based industries (processing units) in plot area 1O0O I
sqmandabove. I
I
5.r.12
the setback area in the piot may be permitted. I
i. ATM I
or any of the iacility in the plot. .,virich mA'' be nc€ssary for the industry/its I
employees.
I
6. i.13 One HSD (Diesef/fuel storage tank for self-consumption subject to NOC
from the concemed departrnents (fire/orplosive department as the case may
be) for its location, size etc.
6.2.5 These facilities should not create obstructions to the movement of fire tender
in the plot.
6.2.6 Permitted faciliw in setback area shall not be ccvered under BAR.
7 I{EIGHT OF II{DUSTRIAL BUILDIITG
7.1 Maximum height of Industrial building shall be upto 15 m only without
restriction of number of floors.
7.2 industrial builciing witft. one storey shall not be havrng restricCon of
height.
7.3 For Height of chimney, the norms set by JRajasthan Pollution Control
Board shall be followed.
7.4 The Land Plan Committee (n PC) may consider to approve constructlon of
building structures as per project need, beyond maximum permissible
height of 15 m, subject to obtalning of NOC from other concerned
authorities, like Fire Fighting and Air Port Authority, if required.
Page 7 of 19
ti"tgitt)
prior to the approval of height of buiitline by LPC and apfroval.cf
point
building plal, safire may be considered by depositing fees as per
4.7. ,,
Ahove 18.00 m to
24.OO m wide
(including 24.00 m)
Pase 8 of 19
The baseirrent shall not be used for residential purFose.
10.1.3 No basement shall be allowed in the permitted liacili{y area in ttre setback
area.
10.1.4 The allottee of piot sha1l be responsible for any dispute/damage due to
construction of basernent, h a{oining properties includirg neigtrborrr's
properties.
10.3.1 Irr every part, basement shall be atieast 2.75 m in heigfrt from the floor to
the underside of the roof slab or ceilinc'-
Ttre maximum heiglrt of the ceiling of any basement shall be 1.2 m above
the average surrounding ground level.
Adequate arrangements shall be made such that surface drainage does not
enter the basement.
The walls and floors of the basement shall be watertig$t and be so designed
that the effects of the surrounding soil and moisture, if any, are taken into
account in design and adequate proofing treatment is given.
10.3.7 Open ramps shall be permitteci if constructed leaving the setback area
subject to the Regulation 10.3.4.
10.3.8 The access to the basement shall be separate from the main and alternative
staircase providing acc€ss and exit from higtrer flloors.
Paee 9 of 19
and FINTECH shall Ue same as applicafte to kl
TL.7 In such cases where in above building parameters ira.re been opted
normally no change in product from IT/ ITeS industries to other industry
will be aliowed. However, in a special case wlrere reversal from IT/ ITes
industry has to be considered then it may be allowed only if the applicant
surrende.rs excess built up space/construction made on account of higher
FAR/BAR admissiblle for IT/ ITes indusfir as per the above, to RIICo and
the sarne shall vest 'riith the Corporation.
The terms and conditions at Regulation 11.6 & 1r.7, above will be
incorporated in the lease deeds also.
Beyond standard BAR betterment lerry shall be charged as per Regulation 2.5
ofForm E-1.
Building plans shall be approved by a committee comprising of Unit
Head Concerned, Sr. RM/RM/ARM and Sr. Planning Assistant/Planning
Assistant.
Paee 10 of19
souSnre rN rwDusfnlAl Fr,trrs
Housing in the industrial plots will be alloured subject to the building
regulations as per the following norrns:
@-above, five perent plot area strall be a[owed for
housing purpose. The construction of hou,ses would be allowed within the
permissible built up area onlY.
13.2 , residential cor:rstruction to the extent of
2OO sqm on the first lloor (not beyond available floor area after leaving
setback) of the factory building shalL be allowed.
to ensure that there is no danger of any kind
on the healih or lires of rnhabitants of ttre residential accommodation fom
within or adljoining industries and the Corporation shall not be responsible
for any mis-happening in this regard. Also the Corpbration shall not pror,ide
anv additional facilities to tlre residents.
PROMOTIOT{ OF GREET{ BTNLDIT{GS
L4.t ffi of Green building. extra EAR shall be allovred as per
the provision of rule 10.i1.6 in Model Rajasthan Urban Areas Building
Regulations-2020'.
Structural responsib,iliry shall be fully of the Iessee and that RIICO shall not
be responsible in any mannen for it.
Page 11 of 19
of Rule 2I of RIICO Disposal of land Rules, L979, relating to time period for
commencing production acnvides/utilizatien of allotteC plot.
15.5
Occupancy certificate, in such c€ses, shall b€ provided only after
modifi.cation as p€r Building Regulation.
For water conservation and increasing level of ground water, ail plot Lessee
having area 5O0 sqm and above shall have to construct Rain Water
Harvesting Structures (RWHS) in their premises. For delay the l,essee shall
have to pay penaltl as prescribed by the Corporation from time to time.
In all Industrial building where hot water is required for processing, use of
Solar Water Heating System is mandatory.
t8 INSPDCTIOIT
22 Stone Crusher
Stone crusher shall not be allowed in Industrial plots due to
environmental issues.
Page i2 of19
rrorm Bt,II,DING REGI'I,ANONS SIOR NOIT.IilDUSTRIAL B{'ILtrNTGg
E-1
For non-industrial bu-ilCings in RIICO Industrial areas relevant
provision of, Model Rajasthan Urban Areas Building Regulations-
2O2A' issued by Urban Development & Housing Department,
Government of Rajastiran shall apply to the extent tJrat no other
specific provisions are made under these F-egulation.
There will be no cha-rges under head of Basic Services for Urban Poor
| {BSUP) tund in RIICO Industrial Area.
I
#
2.4 | Provision of T.D.R. (transfer of development
I
rights) shall not be
j applicable in RIICO Industrial Areas.
2.5 Betterment levy shall be leviable to avail extrer BAR beyond prescribed
standard BAR as foilows:
(! Institutional Plot 2O9/; af 'prevailing allotmerrt rate'*
(ii) Residential Plot - 30% of 'prevailing allotrnent rate'*
(iii) Commercial PIot 4Ao/o of 'prevailing allotrnent rate'*
(* for industrial plot of concerned Industrial Area)
Page 13 of 19
Minimum plot area for general warehor:sing plot (warehousing,
coid storagei shail be 500 sqm.
These plots shall be ailowed on 18 m and above wide rcads.
2.1,O Weigh Bridgs shali be allowed on 18.0 m & above wide roads in all
Industrial Areas
2.It In commercial plot, mix use will be permitted excluding residential use
2.t2 Marriage places (marriage garden/banquet hall) shall not be aliowed in
Industrial Area
2.r3 Coaching Centre shall be allowed in Commercial plot
2.14 In RIICO Ind.ustnial Areas tourism units shall be considered as
commercial natune of building
2.15 Hostel use shall be allowed in commercial plot (for Kota only).
3 Fee for various building regulations related approvals will be as
prescribed in Annrexure A.
A
T Building Parameters for residential plots allotted to the khatedar in
iieu of cash coinpensaCon shall be provided as per the Independent
residence provide at t}.2.1(e) etia urers iindependent houses) of Model
Rai asttran Urban Areas Building Reeulations-2o20'.
50 qRYrd tAqT
ffi)
(ii) qrlq ifl; q{q ffiffq
dffid 3rg5n gffi +
MTT 3rgflr g@ m-r
so qhqrd (RqT
Pase 14 of 19
+ srgFr
gi6, 61 50
sfrqrd ($rfrdq
qrRT)
srgsr g@ +
3i-E5r g@ 6r
so qfrqrtr
(trttd{ {rRr)
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sm s'fiTuil ii df'd q{
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l*,
I
Grtrfr sqT-$
d) (loooo qq ql'q 10 drct
Tgu€ (1oooo
trn-*tT lry*
eTtrn)
|
(non
Industrial)
sqqHi d
,pr-s tg
Page 17 of 19
6. 1 s.IT. 2.5 srESR
\16 grfr'tq d,fr |
As pe r RIICO
lltr/Ttrrd-q Disposal of Land
gi"F Rules 1979
+*' Paee 18 of 19
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Tq-$ e\ qTtrT toooool* s,ri sfr {.rft.{ tq
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Paee 19 of 19
(As Amended up to 30 November, 2016)
RIICO DISPOSAL OF LAND RULES, 1979
INDEX/CONTENTS
Rule No. Subject Page No.
7. Obnoxious Industries 53
8. Possession 53
9. Period of Lease and Economic Rent 54
9 (A) Renewal of lease period 54
10. Revision of Economic Rent 55
11. Terms and Conditions of Lease 55
12. Terms of Payment of Land Cost 55
12(A). Additional Charges for Corners Plots 57
12(B). Allotment of 'strip of land' 58
12C Policy for refund of development charges on account of
short area for all types of allotted plots 61
13. Re-Schedulement of Instalment 62
14. Water & Power 62
15. Rates, Taxes, Charges, Claims 63
15.(A) Service Charges & Cess 63
16. Sub-Letting & Sub-Leasing 68
17. Sub-Division of Plot & Un-utilised Land 71
18. Transfer of Plot and changes in Constitution 79
19. Housing in Industrial Plots 90
20. Building Regulations 91
20.(C) Change in Land use of allotted land 93
21. Time Period for Commencement of Production Activities 110
22. Delegations for Land Allotment 114
23. Time Extensions 115
24.(1) Cancellation 123
24.(2) Review/Appeal 124
24.(3) Policy for Restoration of Cancelled Plot 125
Rule No. Subject Page No.
2. DEFINITIONS
(i) "Blood relation" means husband, wife, father, mother, father's father, father's
mother, son, daughter, son's son, daughter's son, daughter's daughter, son's
daughter, brother, sister.
Note: Son's wife & son's son's wife will be treated at par with blood relative
for the purpose of these rules.
(ii) "Board" means Board of Directors of the Corporation.
(iii) "Building" means any structure or part thereof meant to be used for industrial,
residential, commercial, institutional or any other purpose for which land has
been allotted.
(iv) "Buildings Regulations" means the regulations framed/adopted by the
Corporation for purpose of regulating the construction of building on land
allotted by the Corporation.
(v) "Commencement of production" means the date on which an Industrial
Enterprise actually commences Industrial Production subject to verification as
per norms prescribed in these rules by the Corporation from time to time in this
regard.
1
(vi) Regarding non-industrial plots the "Utilization of non-industrial plots" means
the date when allottee makes the building functional after construction and
subject to verification as per norms prescribed in these rules by the
Corporation from time to time .
(vii) "Controlling Officer" means the controlling officer of the unit offices of the
Corporation as designated by Managing Director of the Corporation.
(viii) "Corporation" means Rajasthan State Industrial Development and Investment
Corporation Ltd. (RIICO)
(ix) "Covered area" means the area constructed just above the plinth. If the building
is constructed on stilt, then the area constructed just above the stilt will be the
basis for calculating the covered area.
(x) "Economic Rent" means the economic rent fixed by the Corporation for
various areas from time to time.
(xi) Educational Institution shall be the institution which imparts
primary/secondary education or degree/diploma and recognized by the
State/Central Government or bodies set-up by the Central/State Governments
for regulating such educational institutions under relevant law and this will
also include the universities established or to be established under the relevant
Act of the Central/State Government and also include those institutions/centers
established or to be established for skill development/vocational
training/institutes imparting certificate courses.
Definition of 'vocational education or 'vocational education and training' (VET)
for the above.
'vocational education or 'vocational education and training' (VET) is an
education that prepares trainees for jobs or careers at various level from a trade
to a craft or a position in engineering, accounting, nursing, medicine and other
healing art, architecture, pharmacy, law etc. Craft vocation are usually base on
manual or practical activities, traditionally non academic, related to a specific
trade, occupation, or vocation. It is sometimes referred to as technical
education as the trainee directly develops expertise in a particular group of
techniques.
(xii) "Executive Director" means the executive director of the Corporation as
appointed by the State Government from time to time.
(xiii) "Financial Institution" means Industrial Finance Corporation of India,
Rajasthan Financial Corporation, IDBI, ICICI, L.I.C., RBI, HDFC, SIBDI,
2
NABARD, Exim. Bank, Corporative Banks and other public financial
institutions as defined in the Public Financial Institution Act or scheduled
banks or private lending agencies and will also include Corporation(s),
institution(s) set up by State Government/ Central Government. Specifically to
assist and extend loan to specific categories of enterprises such as women,
SC's/ST's, ex-servicemen, physically handicapped or any other targeted group
of persons.
(xiv) "Fixed capital investment" means the actual investment made in land, building,
plant & machinery and misc. fixed assets by an industrial enterprise in
accordance with norms prescribed by the Corporation from time to time.
(xv) "Foreign Investment Promotion Board" means a body set up by Ministry of
Finance Government of India that offers a single window clearance for
proposals on foreign direct investment in India.
(xvi) "Form" means form appended to these rules.
(xvii) "Government" means the Government of Rajasthan.
(xviii) "Group Housing" means construction of block of flats/group of houses on such
residential plot/site which has an area 5000 sq. M or more and is situated on a
road 18.00 meters or more in width or the norms prescribed from time to time
by the Corporation for this purpose.
(xix) "Head of Infra Division" means the head of Industrial Infrastructure division of
Corporation as designated by the Management of the Corporation.
(xx) "Industrial Area" means an area of land transferred to or placed at disposal of
the Corporation by the state Government or the land purchased, acquired or
otherwise held by the Corporation or reserved or set apart or here after
reserved or set apart under any law for setting up an industry or industries
including essential welfare and supporting services. e.g Post Office, Labour
Colony, Residential Colony/Housing Complex & Township, Educational
Institutions, RSEB, Power Station and water and Sewerage facilities,
Dispensary or Hospital, Police, Fire service Station, Bank, Weigh Bridge,
shops and markets, Cinema, Hotel and Restaurant and Petrol pump as
mentioned in Rajasthan Land Revenue (Industrial Areas Allotment) Rules,
1959.
(xxi) "Infrastructure Development Committee (IDC)" means the Infrastructure
Development Committee constituted by the Board of Directors for
Infrastructure related matters.
3
(xxii) "I.T Industry" shall mean and include:
(a) "IT software industry/ ITeS industry" means development and
production of computer software and IT enabled services (ITeS) such as
call centres, medical transcriptions, BPOs, content development, e-
commerce and other similar activities.
(b) "IT Hardware Industries" would mean production and assembling of
computers, peripherals, computer monitors, printers, scanners, modems,
hubs, switches, routers, networking equipment's, UPS, earth station, V-
SAT, digital switching system, mobile phones, CDMA equipment,
electronic exchanges, EPBAX, wireless equipment's, optical fiber
cables, battery, use in mobile/CDMA instruments, ATM machines, LAN
cable (CAT-5 etc), electronic touch screen.
(c) "Advance IT Institutes" would mean institutes offering exclusive
courses at least of the level of MCA/BE/M.TECH (IT) / MBA/ MSC
(IT) or equivalent standard as recognised by the regulatory authority
appointed by Government of India or Government of Rajasthan in this
regard i.e. U.G.C., A.I.C.T.E., Technical Education University.
(xxiii) Lease Rent: As defined at serial no (x) , above
(xxiv) "Managing Director" means Managing Director of the Corporation appointed
by the Government.
(xxv) "Micro, Small and Medium Enterprise" shall have the same meaning as
defined in "THE MICRO, SMALL AND MEDIUM ENTERPRISE
DEVELOPMENT ACT, 2006''.
a. "Micro enterprise" shall mean where the investment in plant and
machinery does not exceed 25 lakh rupees where the enterprise(s) is
engaged in the manufacture or production of goods and in case of
enterprise engaged in providing or rendering of services the investment
does not exceed 10 lakh rupees.
b. "Small enterprise" shall mean where the investment in plant and
machinery is more than 25 lakh rupees but does not exceed 5 crore
rupees where the enterprise is engaged in the manufacture or production
of goods and in case of enterprise engaged in providing or rendering
services the investment is more than 10 lakh rupees but does not exceed
2 crore rupees.
4
c. "Medium enterprise" mean where the investment in plant and machinery
is more than 5 crore rupees but does not exceed 10 crore rupees where
the industry is engaged in the manufacture or production of goods and
in case of enterprise engaged in providing or rendering services the
investment is more than 2 crore but does not exceed 5 crore rupees.
(xxvi ) "Modern Bio Technology/ Institute" shall include
(a) Modern Bio Technology:
R&D and /or manufacturing activities involving recombinant
DNA technology for bio pharmacy, agriculture, health and
environment.
Areas of genomics, proteomics, bio informatics, and gene
cloning.
Active ingredient identification and preparations of medicinal and
aromatic plants and herb-bio processing.
Quality assurance/ quality control labs for recombinant DNA
products/ GM products.
Production of industrial enzymes.
(b) Advance BT Institute:
Advance BT institute mean institutes offering M-tech, M.Sc., B.Sc. or
recognized equivalent courses in this field only.
(xxvii) "Overseas company" is a branch or subsidiary of a Company that is
incorporated in a country outside the India.
(xxviii) "Person with Disabilities" means person(s) determined as such under clause
2(i) of the persons with disabilities (Equal opportunities, protection of rights
and full participation) ACT 1995 (It shall mean a person suffering from not
less than forty percent of any disability as certified by a medical authority.)
(xxix) "Plot" means a piece of land enclosed by demarcated boundaries.
(xxx) "Reconstitution of plot" means any change in the area or dimension of two or
more plots.
(xxxi) "Retention Charges" means the retention charges fixed by the Corporation
from time to time to be levied while granting time extension for
commencement of construction / production /activities for which the allotment
of plot is made beyond stipulated time in these rules.
5
(xxxii) The premium mean the cost of land being transferred on lease basis for a
certain period by the Corporation. "Allotment Rate" means the rate of
allotment as may be fixed by the corporation for various industrial area from
time to time.
(xxxiii) Slow moving industrial areas", "Normal industrial areas" and "Saturated
industrial areas" means the areas as categorized & declared by the
Corporation from time to time. In this context saleable industrial land means
the land available for sale in an area as per the original/revised planning of the
industrial area. (item7 of meeting dt 5.9.2011)
(xxxiv) "Service Charges" means the charges to defray recurring cost incurred on
industrial areas towards upkeeping and maintenance which may during the
term of lease be assessed, charged, levied or imposed and revised by the lessor
on its lessee or its sub-lessee.
(xxxv) "Settlement Committees" means the Committees Constituted by the Board of
the Corporation for settlement of disputes arising out by allotment of land
other concerned matters.
(xxxvi) "Special Category of Entrepreneur" means entrepreneur(s) belonging to
Scheduled Castes, Scheduled Tribes, Women and Persons with Disability, Ex-
Serviceman and War-Widow or such class of persons included by the
Corporation from time to time.
(xxxvii) "Strip of land" means
(a) A piece of land adjoining one or more existing plots which cannot be
put to an independent use either because it cannot be planned as an
independent plot in conformity with the town planning norms or
because there can be no proper approach to such piece of land.
(b) Any land in possession of an allottee which is in excess of the land
actually allotted by the Corporation shall also be deemed to be a strip of
land subject to fulfillment of stipulations mentioned in clause (a) above
but should not be part of road or water bodies or hills or
facility/common area etc.
(xxxviii) "Subdivision of plot" means division of a parcel or piece of land into two or
more parts in accordance with provisions of relevant rules/Building regulations
time being in force for this purpose as per these rules.
(xxxix) "Transfer of land/ lease hold rights" means transfer of full plot/ part of a plot
(sub-divided plot) by way of sale, lease, assignment, etc including merger,
6
acquisition and amalgamation of companies. It will include transfer of plot/
land by an individual, firm, company or any other allottee/ lessee as the case
may be.
(xl) "Unit Head" means an officer of the corporation appointed as in charge of a
unit office concerned by the Corporation and shall include an officer holding
the charges of the Unit Head for the time being .
(xli) Merger of plots: Merger of allotted land/plot(s) would mean merger of
adjoining land/plot(s) held by same entity or by virtue of order of any Court of Law.
(xlii) Sub-Letting: Sub letting means and include to let out the leasehold premises
and/or part thereof by the lessee to his tenant on terms & conditions mutually
agreed between them for a certain period with prior approval of the Lessors i.e.
the Corporation but ownership rights shall remain with the Lessee himself.
(xliii) Sub-Leasing: Sub leasing means and include transfer of leasehold rights of any
leased property or part thereof, whatever possessed/vested with the Lessee in
favour of transferee, with or without any consideration, with prior approval of
the Lessor i.e. the Corporation.
Explanations:
(1) Sub-letting or Sub-leasing shall always be inferred on submission of the
instrument/indenture executed between the parties concerned and
decision of the Corporation shall be final in this regard.
(2) Where the lease purports to be for a term in excess of twenty years or in
perpetuity or where the term is not specified, the same shall be treated
as transfer of leasehold rights and applicable transfer charges shall be
recovered from the applicant. But merely deposition of transfer charges
does not create any legal rights in favour of the parties concerned.
(xliv) Wherever the word CMD has been used in the RIICO Disposal of Land Rules
1969 but the position of Chief Executive Officer of the Corporation is held by
the Managing Director, all the powers vested with CMD shall be exercised by MD.
(Inserted as per item no. 4 of IDC meeting held on 16.12.2010)
(xlv) Effective date for a decision shall be the date of hosting of minutes of the
meeting related to the decision on the RIICO website (general observations of
the meeting dt. 29.5.2012)
Note: Terms related to plots, buildings, town planning matters etc. not defined in
these rules will have same meaning as contained in the building regulations,
subdivision & reconstitution rules and other relevant provisions of the concern
local body/ authority/ UIT.
7
APPLICATION FORM
Entrepreneur desirous of land allotment should apply on the prescribed Form - A, annexed,
(which can be obtained from the Corporation against cash payment of ˆ 100 only), along
with the following :
(i) A copy of partnership deed in case of a partnership firm,
(ii) Memorandum & Articles of Association in case of a Private /Public Ltd.
Companies alongwith a copy of certificate of incorporation of the
company & the name of the promoters,
(iii) in case of Limited Liability Partnership (LLP), a copy of agreement
alongwith certificate of incorporation and
(iv) in case of One Person Company (OPC), a copy of certificate of
incorporation, Memorandum & Article of Association, name of person to
whom company devolve after death or incapacity of the person who makes
that company;
— if readily available with the applicant of above categories
mentioned in (i) to (iv), otherwise the same may be given before
execution of lease agreement".
(Inserted as per IDC decision taken vide item 6 on 8.1.2001).
(v) Any other document as may be required by the Corporation.
(vi) Application fee to be deposited for applying for land allotment for
industrial or institutional purposes , which is as under:
Size of plot Industrial Areas of Jaipur Other Industrial
(Sqm) Distt & NCR (ˆ ) Areas (ˆ )
Upto 500 2000/- 1000/-
501-1000 4000/- 2000/-
1001-4000 6000/- 3000/-
4001-10000 8000/- 4000/-
10001 and above 10000/- 5000/-
9
(Inserted and amended as per IDC decision taken vide item 5 & 18 on 7.12.2000 & item 4 on
30.4.2007) Concession percentage in case of categories at 5 & 6 enhanced as per approval of
BOD -item 27 of meeting dt. 31.3.2011. Further amended as per IDC decision taken as per item
4 dated 04.08.2015
Note: -
(i) For entitlement of the concession, required documents will be submitted
alongwith land application form. In case of failure, entitlement for the
concession will not be considered.
(ii) The transfer of plot from concessional category to general or other
category entrepreneur shall be permitted only after 5 years from the date of
commencement of commercial production otherwise the concession shall
be recovered alongwith interest and transfer premium shall also be charged
as per rules. However in case of allotment to Disabled persons no
transfer/sale of the plot will be permissible up-to five years from the date
of commencement of production activity.
(iii) The allottee will be entitled for one category of concession only.
(iv) The allottee will be entitled for the concession upto the plot area or the
ceiling limit, whichever be less.
(v) The concession as per above table would also be allowed in partnership
firms, LLP and private limited companies including OPC where the
category of partners/promoters (in case of partnership firms/LLP and
private limited companies including OPC respectively), is the same and
entire share/shareholding remains with the partners/promoters up-to a
period of 5 years after the commencement of production in the plot.
However, in case of woman entrepreneur, concession @ 25% in the
allotment rate may be allowed if the majority of share/shareholding (51%
or more) in Partnership Firms/LLP/Private Limited Companies
including OPC remains with the women partner(s) promoter director(s) of
the Firm/LLP/ Company for the said period. However, in case of One
Person Company, 100% share- holding remains with woman member.
(Amended as per IDC decision taken as per item 20 dated 20.12.2014)
(vi) Concessions for the categories specified in Rule 3 (A) are applicable for
industrial plot allotments for setting up industries only. These concessions
would not be applicable to the allotments made under Tatkal Plot Allotment
10
Scheme or Auction. (Clarified as per IDC decision taken vide item 9 on
4.7.2001)
(vii) * (a) Reservation of 2% plots for ex-servicemen/ war widows, and 5%
plots for women entrepreneurs and SC/ST category entrepreneurs
(Inserted as per the Board decision taken on 16.12.2004), of total
number of plots up-to ceiling sizes planned in an industrial area shall
be kept till the plots up-to ceiling size are vacant. The said
reservation of industrial plots for the above various categories will
be maintained even after the industrial area gets saturated and
allotment of these plots will be made at the prevailing rate of
allotment, with the admissible upfront concessions.
(b) Reservation of 30% plots for Micro, Small & Medium Enterprises in
new industrial areas to be developed by RIICO.
(c) Plots resevation for the Disabled persons:
i. Reservation of 1% of total no. of plots up-to the ceiling size
will be applicable on all existing saturated industrial areas
subject to availability of vacant plots up-to the ceiling size i.e.
2000 sqm. provided that the reservation limit of 1% is not
exceeded as on 4.8.2015.
ii. Reservation of 2% of total no. of planned plot up-to ceiling
size i.e.2000 sqm, in new industrial areas to be launched after
01.08.2015.
iii. The above mentioned reservation of 2% of total planned
industrial plots up-to ceiling size of 2000 sqm., will be kept
reserved for a maximum period of 2 years from the date of
declaration of industrial area as saturated. Once the area is
declared saturated, allotment of remaining reserved plots shall
be made by inviting sealed bids from the applicant of disabled
category. In case, reserved plots are not disposed of within the
above mentioned period of 2 years, then these reserved plots
will stand de-reserved and Corporation shall be at liberty to
dispose these plots through auction/sealed bids.
iv. In special type of industrial parks/projects, this reservation
provision shall not be applicable and no right shall be accrued
to any disabled person on account of this reservation provision.
11
v. No transfer/sale of plot allotted to disabled person will be
permissible up-to five years from the date of commencement
of production activity.
(Inserted in pursuance of the provision 6.2 of the 'Policy Package for
Micro, Small and Medium Enterprises, 2008', announced by the State Govt
and as per approval by the IDC w.r.t. item (14) of its meeting held on
15.4.2008. Note appearing earlier at s.no ( v), deleted as per approval of
IDC vide item 3 of its meeting held on 18.2.11.inserted as per item 31 of the
meeting held on 5.12.2011. inserted as per item 19 of the meeting
9.3.2012.Reservation of plots amended vide item 4 of the meeting held on
4.8. 2015)
(viii) The allottee may keep registered office of the company out of Rajasthan
under intimation to the Corporation. (Decided by IDC vide item 10 on
25.3.2006)
13
(ii) Nursing Homes / Hospitals having 11 to 20 beds set up on plot size 1501 to
2000 sqm. should have regular outdoor and indoor facilities , diagnostic
facility , essentially pathology lab to cater to the routine pathology
examination , ECG machine and other regular medical check up
equipment. The facility should be equipped with minor operation theatre
and anesthesia facility.
(iii) Nursing Homes / Hospitals having 21 to 30 beds set up on land measuring
2001 to 3000 sqm. should have indoor / outdoor facilities , diagnostic
facility covering pathology for routine and special investigation and
radiology . In Radiology, they should have an X - Ray machine and Ultra -
Sonography Machine. Apart from these they should have other routine
medical check up equipment. The pathology and radiology departments
should be manned by trained manpower. The hospital should also have
regular operation theatre and surgical facility and an ICU.
(iv) Nursing Homes / Hospitals having 31 beds and above should have
minimum facilities as indicated at S.no. (iii) above and should also cater to
specialized treatment facility .
7. Residential Facilities: The allotted land will be exclusively used for setting up of
the nursing homes / hospitals. However, permission for construction of
residential accommodation within the allotted plot would be given as per
the facility allowed to an industrial plot allottee.
8. Supportive Facilities: Facilities like Drug Store/Medical Shop, Godown,
Diagnostic center & Food Center owned by Hospital / Nursing Home may
be permitted without premium.
(Amended as per IDC decisions taken vide item 3, 8 & 18 and 8 on
21.5.1999, 8.8.2000, 16.3.2001 respectively & resolution passed by
circulation on 7.4.2001, and vide item 7 on 21.3.2002).
3(E) (ii) Terms and conditions for land allotment are as under:
(i) Land allotment applications would be entertained after informing the plot
availability for the purpose through a press release. The allotment rate shall
be the rate of allotment prevailing in the industrial area.
(ii) The interested agency / consortium should have sufficient experience to
run similar educational institution in India or abroad. Those having
collaboration / franchise arrangement with the Institution of National /
International repute would be given due weightage.
(iii) The minimum level of investment in the coming five years in the plot shall
be decided by the committee constituted for deciding the land allotment in
consultation with the applicant.
(iv) The implementing agency should take effective steps for commencement
of construction activity within one years from the date of allotment and
should start the institute in full swing within three years from the date of
allotment, otherwise the allotment will be liable to be cancelled and
amount equivalent to keenness money or keenness money deposited, as the
case may be, would be forfeited.
(v) The proposed Institutes should have the approval of the State Government
and be got affiliated with the All India Council of Technical Education /
Medical Council of India /UGC/ State-Central Education
Board/University as the case may be.
(vi) The fees pattern shall be as per guidelines of AICTE/ ICMR/ State
Government/ Supreme Court Orders, State/Central Education Board.
(vii) The Governing Council/ Board of the Institute should have one Nominee of
RIICO/ State Government.
15
(viii) The implementing agency/ consortium should have sufficient funds to
implement the project. They shall furnish adequate evidence to this effect.
(ix) Following amount of keenness money for different educational institutes
shall be deposited alongwith the application for land allotment:
(a) For Schools ˆ 5.00 lacs
(b) For other educational institute ˆ 10.00 lacs
Note- In case, the cost of land is less than ˆ 5 lacs and ˆ 10 lacs, for school and
other educational institute respectively, then the amount of keenness money
will be limited to the total cost of the land.
(x) Refund / forfeiture of the keenness money will be done as per following
procedure:
(a) In those cases in which the State Government does not issue the
NOC to the applicant within six months from the date of allotment
then RIICO will refund keenness money without any deductions.
The applicant will have to seek NOC within six months from the
land allotment date. However, the MD may consider time
extension.
(b) If the applicant abandons the project or surrenders the land then the
amount equivalent to the keenness money will be forfeited.
(c) Keenness money shall be refunded after commencement of
institute functioning, without interest.
(d) No keenness money shall be demanded from allottee institution for
taking additional land for expansion of existing institution or for
setting up new institution in area.
(xi) ACommittee of the following officers would approve the land allotment:
MD RIICO, Commissioner (Inv. & NRIs) and MD, RFC.
(Amended vide item 16 of the meeting dt. 09.09.2015)
(xii) The application for land allotment shall be put up before the constituted
Committee for approval. On approval, 25% amount of premium
(keenness money shall not be adjusted) shall be deposited within 30 days
from the date of offer issued. After payment of 25% amount of premium,
allotment letter shall be issued without waiting for NOC / Permission from
the State Government with the following stipulation for payment of balance
amount of premium that
16
(a) 75% amount shall be deposited within 60 days from the date of
allotment letter issued.
(b) Rebate @ 2% for payment of premium without availing grace period
or before allotment will be allowed as applicable to industrial
plots.
(c) The allottee may opt to pay 75% amount of premium in
installments alongwith interest as permitted in case of allotment of
industrial plots.
(xiii) Time extension for making payment beyond prescribed period can be
granted as per policy decided for industrial plots.
(xiv) Rate of service charges: As per the rates applicable for industrial plots.
(xv) Payment of economic rent and service charges shall be made as per rules
applicable in case of allotment of industrial plots.
(xvi) Maximum/minimum land area to be allotted for the institutions shall be as
per the norms fixed by the concerned controlling department/agencies i.e.
State/Central Education Board, All India Council of Technical Education,
Medical Council of India, UGC etc.
17
d) Applications received in response to the press release would be placed
before the Committee constituted for land allotment to Technical Institutes /
Training Institutes as provided in Rule 3(E) of RIICO Disposal of Land
Rules, for approval of land allotment.
e) Stipulations for land allotment to such Spa and Nutrition Training Institutes
shall also be the same as applicable for Technical Institutes / Training
Institutes.
(Inserted as per IDC decision taken vide item 21 on 25.3.2006)
19
10. P.H.E.D. for erection of Water Supply Acquisition cost as per saleable land
Scheme for the industrial area itself plus 5% overhead charges.
12. Basic Telecom / Cellular Phone The land is allotted with 20% rebate
Operators in prevailing rate in the area where
(i) For erection of Tower/Mast plots are not auctioned.
up-to 150 sqm.
(ii) For switching / service center
up-to 1000 sqm
20
17. Gas authority of India Ltd. for At prevailing industrial rate
laying of LPG pipeline
18. SPV under SITP in industrial area With the approval of IDC.
(Decided vide item 7 on 21.10.2005)
20. (i) Allotment of land for CETP At 50% of the prevailing rate of
under the provision 3.1 of the allotment of the Industrial Area
'Policy Package for Micro, concerned. (Inserted in
Small and Medium pursuance of the
Enterprises, 2008', announced decision by the IDC w.r.t. item (14)
by the State Govt. of its meeting held on15.4.2008)
(ii) Allotment of land for CETP Managing Director can approve
exclusively for Textile allotment of land at a token price of
Industries ˆ 1/-.
Note: Allottees having allotment
of land for CETP/RO plant (even
on token price/concessional
rate ) will be allowed to
mortgage the allotted land
creating equitable mortgage by
deposition of lease deed in
favour of the financial institution
for obtaining financial
assistance.
(Inserted as per item 5 of the meeting
24.5.2013, inserted as per item 4 of
IDC meeting dtd. 12.05.2016 )
21
21. Allotment of up to 350 sqm. land, to Free of cost.
the Commissioner Industries for The Department will be exempt
setting up of Weights & from payment of service charges;
Measurement Laboratories, as per however, it will pay economic rent
requirement. (lease rent) as per rules.
(Inserted / Amended as per BOD decision taken vide item 2 on 6.8.98 and IDC decisions
taken vide item 7, 4, 4, 14, 5&18 and 4 on 18.11.1998, 21.5.1999, 28.4.2000,
13.11.2000, 7.12.2000 and 14.2.2002 respectively. Sub- rule 3-G-5 amended as per
decision by IDC vide item 32 of its meeting held on 15.4.2008 and further amended vide
item14 of the meeting held on 27.2.2009. New proviso at S.No. 21 and 22 inserted as
per approval by the IDC vide item 6 & 7 of the meeting held on15.9.2009. Amended as
per item 8 of IDC meeting held on 18.10.2010) ) Inserted as per approval of IDC vide
item (11) of its meeting held on 17.06.2014.
3(H). Allotment of Land to State / Central Government Departments/Organizations for
Residential/ Commercial use- shall be made as under:
1. At two times of the prevailing rate of allotment if the land is put to
22
residential purpose.
2. At four times of the prevailing rate of allotment if the land is put to
commercial purpose.
3. The Managing Director shall decide the nature of activity.
(Inserted as per IDC decision taken vide item 8 on 28.6.1997.)
3(H-1) Preferential allotment of land to Departments/ Undertakings/Organizations of
the Rajasthan State Government for industrial purpose.
Preferential land allotment for industrial purpose will be made to the Departments/
Undertakings/ Organizations of the Rajasthan State Government at the following rates;
(a) Prevailing rate of allotment in unsaturated industrial areas
(b) On highest auction rate received for industrial purpose or prevailing rate of
allotment of the concerned industrial area, whichever is higher for the
saturated industrial areas.
• The Managing Director is authorized for approving the above allotments.
(Inserted as per decision taken by the IDC vide item (15) of its meeting held
on 13.5.2014) .
3(I-a) Allotment of land to Industries Associations in the industrial areas may be made in
the following manner:
1. Land measuring up-to 500 sq. mtr. to one Industries Association in the industrial
area, depending upon their representative nature, involvement in industrial
development etc. may be allotted for construction of the Association building:
(i) At ˆ 1/- per sqm. if a minimum investment of ˆ 500 crores has been
catalyzed in the area.
(ii) At 50% rate of allotment where ˆ 500 crores investment has not been
catalyzed in the area.
23
(iii) Land over and above 500 sq.mtr. shall be allotted at full prevailing
industrial rate.
2. Land for other Industrial Associations may be allotted on the prevailing rate of
allotment of the industrial area.
3(I-b) Allotment of land at any single location in the State with in RIICO industrial area
to PHDCCI, FICCI, CII and ASSOCHEM for construction of office/association
building.
Land upto 500 sqm may be allotted at a token amount of ˆ 1/-, at any single location in
the State in the industrial areas to PHDCCI, FICCI, CII and ASSOCHEM (the
organisations presently active in the State) for construction of Association /office
building . However, the land in excess of 500 sqm will be allotteed at prevailing rate of
allotment of the industrial area concerned. The above organisations will be exempted
from payment of the service charges. Economic rent (lease rent) will be recovered as
per the rules. (Substituted as per IDC decisions taken vide item 3, 5&18 and 5 on
7.12.2000 and 8.7.2002 and item 12 of meeting dt. 28.5.2010).
3(J). Allotment of Constructed Bank Building or Land for Bank Building
Construction, to Banks shall be made on the following basis:
1. Constructed Bank Building: The cost of building shall be calculated on the basis
of standing order No. 138 of State Public Works Department or actual expenditure
made by the Corporation plus interest thereon for idle period of investment, less
depreciation, whichever is higher. The premium of land shall be calculated at four
times the prevailing rate of allotment of the area, or reserve price fixed by the
Corporation for making auction of commercial plot, whichever is higher.
2. Land for Bank Building construction: Land allotment to any bank for bank
building construction may be allowed by MD at the reserve price fixed for
commercial plot in particular industrial area
(Inserted and substituted as per IDC decisions taken vide item 5, 12 and 4 on
4.9.1995, 22.3.2000 and 8.8.2000 respectively)
3 (K). Allotment of land to Khatedars against the land acquired from it for setting up of
industrial areas:
Khatedars may opt to take allotment of developed land in lieu of cash compensation of
the land acquired from these Khatedars. The developed land will be allotted to such
Khatedar in accordance with the procedure/guidelines/norms etc. as may be decided by
the Corporation from time to time and as prevalent at the time of declaration of the
award by the Land Acquisition Officer (LAO) concerned.
24
3 (L). Allotment of Land to I.T. Industries in IT Parks/ designated IT Zones:
Land allotment under a special land package for setting up of various IT industries as
defined below/ Institutes will be made at the rate of allotment prevailing in the area.
After stipulated minimum fixed investment made by the plot allottee on the allotted plot
within the period stipulated for investment in the package (Amended as per IDC
decision taken vide item 5 on 27.12.2004), the following entitled land rebates shall be
reimbursed by RIICO to the eligible allottees:
1. Very Prestigious Investment - in IT Software, ITES and IT Hardware - For the
industry which is set up on the allotted plot by any company with a minimum fixed
investment of ˆ 10 crores or by a fortune 500 company, within a period of 3 years,
entitled land rebate shall be @ 60% of the plot allotment rate.
2. Prestigious Investment - in IT Software, ITES and IT Hardware - For the
industry which is set up on the allotted plot with a minimum fixed investment of
ˆ 1 crore within a period of 3 years, entitled land rebate shall be @ 50% of the
allotment rate for the plot upto maximum of 5 acres area.
3. General Investment - in IT Software, ITES and IT Hardware - For the industry
which is set up on the allotted plot with a minimum fixed investment of about
ˆ 10 lacs per 500 sqm. land and ˆ 2 lacs for every subsequent 100 sqm. within a
period of 3 years, entitled land rebate shall be @ 25% of the allotment rate for the
plot upto maximum of 2000 sqm. area.
4. Advanced IT Institutes- For the institute which is set up on the allotted plot with
a minimum fixed investment of ˆ 5 crores within a period of 3 years, entitled land
rebate shall be @ 25% of the allotment rate for the plot upto maximum of 5 acres
area. Advanced IT Institutes would mean institutes offering exclusive IT courses
atleast of the level of MCA /BE / M.Tech (IT) /MBA (IT) /MSC (IT) or of a
recognized equivalent.
5. General Computer Training Institutes- No rebate in the allotment rate shall be
allowed. However, RIICO may consider land allotment upto maximum of 2000
sqm. on prevailing rate provided unit makes fixed investment of about ˆ 5 lacs
per 500 sqm. land within 3 years period.
25
Notes-
a) Production activities will need to be started within three years from the date of
possession or from the date of lease deed execution, whichever is earlier.
b) The minimum fixed investment should be made within 3 years from the date of
possession or from the date of lease deed execution, whichever is earlier.
c) An undertaking / certificate shall also be submitted by IT unit every year for the
use of land for the purpose the land is allotted.
d) Fixed investment shall mean investment in land, building, computers, printers,
scanners, plotters, licensed software's, EPABX, networking equipment, UPS,
DG-Sets, CVT"s, AC, LAN Cable and other equipment and furniture.
e) In case of failure to observe the terms and conditions regarding investment and
time schedule mentioned in the package, the concessional amount shall be
recovered from allottee with interest from the date on which concession amount
has been reimbursed.
f) In each case the decision of RIICO shall be final as to what qualifies as IT
Industry/ Institute for the purpose of above said incentive.
g) For reimbursement of the concessional amount, the plot allottee would be
required to inform RIICO office by a registered AD letter sent prior to the
scheduled date regarding the investment made on the plot. After verification by
the Unit Head, the cheque or rejection letter, as the case may be, will be sent by
RIICO within 30 days by registered AD letter.
h) No other rebates / incentives shall be given to these (all above) IT industries. Land
rebates as mentioned above shall not be available in institutional area within
Sitapura industrial area at Jaipur.
Definitions of IT Industry
a) IT Software /ITES Industry:-
This would mean development and production of computer software and IT
Enabled Services (ITES) such as Call Centres, Medical Transcriptions, BPOs,
Content development, E-commerce and other similar activities.
b) IT Hardware Industry:-
IT hardware industry would mean production and assembling of computers,
peripherals, Computer Monitors, Printers, Scanners, Modems, Hubs, Switches,
Routers, Networking equipment's, UPS, Earth Station, V-SAT, Digital Switching
26
Systems, Mobile phones, CDMA equipment, Electronic Exchanges, EPABX,
Wireless equipment's, Optical Fiber Cables, battery use in mobile/CDMA
instruments, ATM machines, LAN Cable (CAT-5 etc.), electronic touch screen.
(Revised as per IDC decision taken vide item 5 on 12.10.2004)
Note : Upfront rebate allowed in rate of allotment to IT Units shall be recoverable on
transfer of plot even transfer is taken place from IT to IT Unit irrespective of
conditions mentioned in the allotment letter, in case, transfer takes place before
five years from the date of commencement of production. (IDC vide item no. (10)
in its meeting held on 20.12.2014)
3 (M). Allotment of land to Bio Tech and Bio Informatics Industries in BT Parks and
other selected industrial areas:
Land allotment under a special land package for setting up of various Bio-Tech and Bio-
Informatics industries including projects covered under Modern Bio Technology, will
be made at the rate of allotment prevailing in the area. After stipulated minimum fixed
investment made by the plot allottee on the allotted plot within the period stipulated for
investment in the package (Amended as per IDC decision taken vide item 5 on
27.12.2004), the following entitled land rebates shall be reimbursed by RIICO to the
eligible allottees:
1. Major Bio Technology and Bio Informatics Companies (annual turn over of
more than ˆ 100 crores in this field as per the latest audited balance sheet) - For the
industry which is set up on the allotted plot with a minimum fixed investment of
ˆ 10 crores within a period of 4 years from the date of allotment in a specially
designated Bio Technology parks/ zones, entitled land rebate shall be @ 60% of
the allotment rate for the plot upto maximum of 10 acres area.
2. General Bio Technology and Bio Informatics Units- For the industry which is
set up by any entrepreneur on the allotted plot in a specially designated Bio
Technology parks/ zones with a minimum fixed investment of ˆ 15 lacs per 1000
sqm. within a period of 5 years, entitled land rebate shall be @ 40% of the
allotment rate for the plot upto maximum of 5 acres area. Additional discount of
10% on allotment rate may also be allowed if the plot allottee commences
commercial production within 3 years from the date of allotment.
3. Advanced Bio Technology and Bio Informatics Institutes - For the institute
which is set up on the allotted plot in a specially designated Bio Technology and
Bio Informatics zones with a minimum fixed investment of ˆ 5 crores within a
27
period of 3 years and commences operation within 3 years from the date of
possession or from the date of lease deed execution, whichever is earlier, entitled
land rebate shall be @ 50% of the allotment rate for the plot upto maximum of 5
acres area.
Advanced BT Institutes would mean institutes offering M.Tech, M.Sc, B.Sc or
recognized equivalent courses in this field only.
Notes-
a) In case of failure to observe the terms and conditions regarding investment and
time schedule mentioned in the package, the concessional amount shall be
recovered from allottee with interest from the date on which concession amount
has been reimbursed.
b) In each case the decision of RIICO shall be final as to what qualifies as Bio-Tech
Industry / Institute for the purpose of above said incentive.
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c) For reimbursement of the concessional amount, the plot allottee would be
required to inform RIICO office by a registered AD letter sent prior to the
scheduled date regarding the investment made on the plot. After verification by
the Unit Head, the cheque or rejection letter, as the case may be, will be sent by
RIICO within 30 days by registered AD letter.
d) A committee of F.A., Advisor (Infra), Sr. DGM (ID-Tech) and DGM (F-IP&I)
shall identify industrial areas based on pace of allotment and put up to MD for
approval, so that 10% rebate on prevailing rate of allotment subject to maximum
of 4000 sqm. may be allowed.
e) No other rebates / incentives shall be applicable to these projects.
f) Definition of Modern Bio Technology:
R&D and /or Manufacturing activities involving recombinant DNA
Technology for bio Pharma, Agriculture, Health and Environment.
Areas of Genomics, Proteomics, Bio-informatics and Gene-Cloning.
Plant Tissue Culture research and development (Land upto maximum of
4000 sqm. may be allowed).
Active ingredient identification and preparations of Medicinal and Aromatic
Plants and Herb- Bio processing.
Quality Assurance/ Quality Control Labs for recombinant DNA products/
GM Products.
Production of Industrial Enzymes.
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3 (O). Allotment of land for setting-up of fire fighting stations in industrial areas:
The land measuring upto 4,000 sqm. may be allotted to statutory bodies like
Municipalities/Nagar Nigams etc. for setting-up of fire fighting stations in industrial
areas on payment of token amount of ˆ 1/- and these bodies shall be exempted from
payment of security money and annual service charges. However, land allotment
measuring up-to 4000 sqm. to non-statutory bodies like Industries Association etc. for
setting-up of fire fighting stations shall be made @50% of rate of allotment of the area.
(Inserted as per IDC decision taken vide item 18 on 10.12.2001 and resolution passed
by circulation by IDC on 5.2.2002)
3 (P). Deleted.
(As per decision by IDC- item 4 of its meeting 4.5.2011)
The land allottee shall be required to get the building plans approved from RIICO
before commencement of construction. The Committee headed by MD and
having Advisor (Infra), STP/DTP and Unit Head, concerned as members, will
approve the same after examination in Town Planning Cell.
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9. Parking of vehicles /trucks: The allottees shall required to submit an
undertaking that the vehicle/trucks transporting the material shall be parked
within the parking area to be provided by the allottees within its own premises
and maximum of two vehicles at a time shall be allowed to be parked for
loading/unloading in front of the premises of the unit. Idle parking of
truck/vehicle shall not be allowed on the road and/or in the front of the industrial
plot/unit. In case of violation on this account, penalty as decided by Corporation
on year to year basis, shall be payable, besides taking corrective action.
10. General terms and conditions of the land allotment:
Other general terms and conditions will be the same as applicable to industrial
plot allottees as per rules.
(Inserted as per IDC decision vide item 15 on 18.8.2001. Amended as per item 8 of
the IDC meeting held on 18.10.2010. Further, replaced with amended/ revised
policy as per item 4 of the IDC meeting dt. 13.02.2016
32
(c) The residential plots planned by the Corporation for the purpose of entrepreneurs /
managers etc. will also be allotted to the unit holders of the area at fixed rate on the
following eligibility criteria / stipulations:
i. The industrial plot holder should have commenced production in the
industrial unit. The entrepreneur should have also made investment on the
land as per the original project report submitted by the entrepreneur at the
time of land allotment in terms of plant and machinery and building
construction.
ii. Transfer of Lease Hold Rights of Residential plots (vacant/
constructed/partly constructed) in industrial areas will be permitted in
favour of any other allottee of industrial/institutional/commercial plot(s)
in the same industrial area irrespective of sale/transfer of respective
industrial unit by the seller. The purchaser will be allowed to use the
constructed house/residential plot for his own use or for its
Managers/Staff etc. as a housing facility. (Amended as per item 9 IDC
meeting dated 11.5.2015, further amended as per item 6 of IDC meeting
dtd 12.05.2016)
iii. In case of more than one applicants for a particular plot, preference will be
given to the applicant who has employed more number of workers in its
industrial unit.
(d) Land allotment rate for residential plots is proposed to be fixed through the
existing reserve price fixing Committee of the Corporation, which is headed by
the MD.
(e) The payment mode will be as per the existing norms of industrial plots i.e. 25% on
application and balance 75% within 120 days of the land allotment.
(f) Construction shall be commenced within six months and completed for use within
a period of 3 years from the date of execution of lease-deed or taking possession,
whichever is earlier. Delay in commencing and completing the construction
activities will attract retention charges as per rule.
(g) The scrutiny for requirement of area for housing for individual unit would be done
based on strength of employees/ executives in each such unit. Priority in
allotment shall be given to those entrepreneurs who have more employment in
their unit.
(h) Besides the above, provisions of RIICO Disposal of Land Rules, 1979 will be
applicable to these cases also.
(Substituted as per IDC decision taken vide item 3 on 30.4.2007. Further amended
as pr item 4 of the IDC meeting held on 18.10.2010)
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3S(1): Allotment of land for construction of dormitories/quarters by the allottees for its
workers
1.1 Allotment of land for construction of dormitories/quarters by the allottees for its
workers will be made in favour of those industrial plot allottees wherein the
proposed/existing fixed capital investment is ˆ 20 crores or more, and
1.3 The rate of allotment of the land will be the prevailing rate of allotment of
industrial land of industrial area concerned.
1.4 The allotment of land will strictly be for captive use of the allottee of industrial
plot. The allotment of land will be made by the unit head with the approval of the
Managing Director.
1.6 Corporation shall not provide any infrastructure for the allotted plot and the same
would be provided by the allottee at his own cost.
1.7 Corporation will not provide any infrastructure for sewerage disposal outside the
allotted plot. The allottee will have to make its own arrangement for the disposal
of sewerage.
1.8 The allottee will start construction of dormitory/quarters building after approval
of building plans by Advisor (Infra) at HO on recommendation of Town Planning
Cell.
1.10 The standing committee constituted vide office order dt. 12.01.2014 will inspect
the buildingduringitsconstructionfromtimetotime. Incase, anydiscrepancyisfound
in building parameters and terms and conditions of allotment of land, the standing
committee will suggest punitive action to be taken against the defaulter allottee.
1.11 After completion of building, as per the approved building plans, allottee will
obtain a completion certificate from the Corporation so as to ensure that requisite
facilities are provided by the allottee in the dormitory/quarters buildings for the
34
labours. Completion certificate will be issued by the Advisor (Infra) on
recommendation of the standing committee.
1.13 The land allotted for construction of dormitories/quarters will not be allowed for
mortgage to any financial institution.
1.15 No sub-leasing of the built up space to the general public / workers will be
allowed.
2.5 In case of any other violation related to providing minimum infrastructure within
the allotted plot, action will be taken against the allottee as suggested by the
35
constituted standing committee or as may be considered appropriate by the
management of the Corporation.
2.6 The standing committee comprises of (1). Concerned Unit Head - Member
Secretary (2). Concerned Head of Technical Cell (3). Manager (Planning)/DTP
3. Building Regualtions:
Building Regualtions for this purpose shall be the same as prescribed for
'Construction of residential Flats and Group Housing' in the 'Building Regualtions' of
the category as is relevant to the case in context of FORM- 'E-2' of these rules.
( Item (5) of the IDC of its meeting held on 13.05.2014 and item34 of the meeting dt
29.5.2013)
3(T). Allotment of land to Rajasthan Housing Board (RHB):
Land allotment to RHB for setting up housing colonies will be made with the approval
of M.D. at the rates to be decided by M.D. in consultation with Financial Advisor of the
Corporation & RHB authorities. RHB has also been exempted from payment of
Security Money and annual services charges. However, development and maintenance
of infrastructure in the housing colonies shall be carried out by RHB. (Inserted as per
IDC decision taken vide item 4 on 14.2.2002)
3(U). Permitting of RIICO buildings/Community Center/Parks for development and
maintenance by Association/Society in RIICO industrial areas.
The policy on the captioned subject will be as under :
1) The title of land / building shall remain with RIICO. RIICO will not levy any
charges on the land / building being used for such facilities, however, any statutory
charges/fees if applicable by virtue of operation of law, shall be paid by respective
Association/ Society/ Maintenance Agency.
2) Construction work of Recreation Club, Community Center building shall be
carried out by the respective Association/ Society subject to prior approval of
building map from RIICO.
3) The building will be used exclusively for social activities and the expenses
incurred on development of the land/ construction of building shall be borne by
the Association/ Society at its own level.
4) Management and maintenance of the building/ park will be carried out by a
managing committee constituted either by respective Association/ Society or its
members under their respective constitution. However, one officer from RIICO
shall be a standing member of such Committee.
5) Activities relating to social / public interest only would be carried out in the said
building/park/center.
6) Bar Room, Restaurant and Guest House shall not be permitted.
36
7) All other charges such as Government Taxes, Electricity Charges, Water Charges,
Telephone Charges etc. shall be borne by the concerned Association/ Society and
RIICO will not be liable to make payment of such charges.
8) The land/building shall be used only for the purpose for which it is allotted, no
similar activity/identical activity shall be permissible without prior written
consent of the Corporation.
9) Requisite licenses/permissions required for operation of activities permitted on
land shall be obtained by the respective Association/ Society at its own level and
RIICO will not be responsible if any condition of license / permission is breached
by them.
10) In case of any dispute among members of the respective Association/ Society and
managing committee or any outsider, RIICO will not be made a party to such
disputes and also not liable for any damages/ losses.
11) An undertaking shall be furnished by authorized persons on behalf of respective
Association/ Society to the effect that they will abide by the terms and conditions
of the allotment and also liable for all type of payments towards operational and
maintenance activities of such building/ park etc.
12) In case of any dispute between RIICO and allottee/ user/ licencee, decision of
RIICO shall be binding on such allottee/ licencee/ Association/ Society and said
decision cannot be referred to Civil Court.
13) Before permission for use of land/ building/ park for the purpose defined above,
keenness money as decided by the Corporation shall be deposited by the applicant
Association/Society. In case, any amount is to be paid by RIICO to any other
agency towards allotted land/ premises/ park, the amount shall be adjusted from
the keenness money.
14) The allottee shall be bound to make functional the property within stipulated time
failing which the land /premises/ park allotted/ leased shall stand reverted to
RIICO and the keenness money so deposited shall stands forfeited.
15) RIICO will be free to take over the possession of such building/ center/ park, if,
any illegal activity or any contravention of agreement/lease is found to be
performed/noticed or after expiry of term of allotment/ lease/ permission.
16) Association/Society should be of the allottees of RIICO.
17) RIICO will have right to withdraw the permission, if conditions mentioned above
are not complied with.
18) The assets shall be used only for the purpose for which it is permitted.
The Managing Director is authorized to permit/allot such building/ center/park on
37
the above terms and conditions to Association/Society/Agency on case to case
basis. (Inserted as per IDC decision taken vide item 6 on 8.7.2002. amended as per
item 15 of the meeting 26.4.2012)
3(V). Allotment of land to Sulabh Complexes : Land may be allotted with the approval of
MD on the following broad terms for creation of Sulabh Complexes and other facilities
(like drinking water huts, space for garbage collection space for construction of hand
pumps, playground for children and other common facilities) required in any industrial
area, by any reputed NGO or industries association with its funds and are maintained by
the association or NGO as the case may be:
(i) Title of land shall remain with RIICO (it means no charges will be taken);
(ii) Construction of the facility shall be commenced by the allottee at its cost after
approval of maps from RIICO;
(iii) Management and maintenance of the facility shall be carried out by a committee
of entrepreneurs and officers of the concerned department, which shall also
include the representative of RIICO;
(iv) The constituted committee of entrepreneurs and officers shall also decide charges,
rent etc. for allowing the facility to use and will take care for keeping surroundings
environmental friendly;
(v) The facility shall be used only in public interest;
(vi) Land shall not be used for any other purpose except for the purpose it is set apart.
(Decided by IDC vide item 3 in the meeting held on 12.08 2005)
3(W). Industrial land allotment on 'on going basis' in certain special cases in all the
industrial areas.
1 Preferential allotment of industrial land will be made in the following cases on 'on
going basis' in all the Industrial Areas, dispensing-with the requirement of inviting
expression of interest/applications etc. through advertisements in newspapers:
1.1 The industrial projects envisaging minimum fixed capital investment of
Rs. 50 crores and unit will provide direct employment to minimum 200
persons. The cost of project means investment on land, building, plant &
machinery and misc. fixed assets. However, for evaluation purposes, the
cost of land and building should not exceed 30% of the total cost of the
project.
1.2 Projects being set up by Non Resident Indians ( NRIs )/ Persons of Indian
Origin (PIOs), Other Corporate Body (OCB) and also for setting up of IT
Industry ( Manufacturing & Software Development).
1.3 Projects being set up with 33% or more Foreign Direct Investment (FDI) in
38
total investment.
2. The land allotments to the applicants/projects as specified above, will be made as
under:
2.1 Any proposal under this Rule will be submitted in the prescribed manner in
Land Allotment Application Form A- Pref. alongwith Form A-III
appended with this Form in these Rules. A Committee headed by
Managing Director and comprising following members will have
discussions on the proposal directly with the representatives of the
applicant company and submit its recommendations with regard to land
area requirement, proposed investment and employment to be provided
by the applicant company;
(i) Financial Advisor or its representative not below the rank of AGM
(ii) CGM (BP) or its representative not below the rank of AGM.
(iii) CGM (Investment) or its representative not below the rank of
AGM.
(iv) Advisor (Infra)
(v) General Manager (Civil) or its representative not below the rank of
RM.
(vi) OSD (EM) or its representative not below the rank of RM
(vii) Unit head concerned.
(Amended as per decision taken by IDC vide item (3) of its meeting dt. 16.06.2016)
2.2 The proposal will be supported with project report, relevant documents and
quotations etc. duly signed by authorized person and demand draft towards
the requisite keenness money and processing fee.
2.3 No sale, sub-division, change in land use, transfer of plot shall be
permissible before commencement of commercial production and
investment of the envisaged amount have been made on the plot/land , as
per the project submitted by the applicant at the time of seeking allotment
of land under this rule.
2.4 The allotment of land will be approved by a Sub-Committee of the Board
comprising of Commissioner Industries, Commissioner (BIP), and
Chairman & Managing Director, RFC and Managing Director, RIICO. The
quorum of this constituted committee would be three members present in
person.
39
3 Modalities, Explanations and definitions for the purpose of allotment under Rule 3 (w):
3.1 Minimum fixed capital investment limit in case of preferential allotment of land
under this Rule to the projects being set-up by NRI/PIO/OCB/FDI and IT
industry shall be as under:
(a) Upto 10,000 sqm. - ˆ 10.00 crores & will provide direct employment to
minimum 50 persons.
(b) 10,001 to 20,000 sqm. land - ˆ 15.00 crores and will provide direct
employment to minimum 75 persons.
(c) Above 20,000 sqm. land - ˆ 30.00 crores and will provide direct
employment to minimum 100 persons.
3.2 Allotment of land shall be considered subject to fulfillment of other criteria and
availability of land.
3.3 Definition of NRI/PIO will be as describe in the Income Tax Act (section-6) and
definition of OCB will be as under :
"Overseas Corporate Body" (OCB) means a company, partnership firm, society
and other corporate body owned directly or indirectly to the extent of at least sixty
percent by non-resident Indian and includes overseas trust in which not less than
sixty percent beneficial interest is held by non-resident Indian directly or
indirectly but irrevocably and which was in existence on the date of
commencement of the Foreign Exchange Management (Withdrawal of General
Permission to Overseas Corporate Bodies (OCBs) Regulations, 2003 (the
Regulations) and immediately prior to such commencement was eligible to
undertake transactions pursuant to the general permission granted under the
Regulations".
3.4 In case of NRI, PIO and OCB, the entire amount of premium has to be remitted
either through NREAccount of the applicant or remittance from abroad/in foreign
exchange, as the case may be.
3.5 Processing Fee - The applicant will be required to pay processing fee with the
application as under:-
(a) Having project cost upto ˆ 20 Crores - ˆ 10,000/-
(b) Having project cost more than ˆ 20 Crores- ˆ 20,000/-
40
However, this process fee shall not be refunded in any case.
3.6 Keenness Money - The keenness money will be the 10% amount of premium
calculated at prevailing rate of allotment of the industrial area concerned. This
amount will be deposited under the head of advance from the Customers in books
of RIICO. In case of rejection of the application, the amount of keenness money
will be refunded without any interest.
3.7 No allotment under this Rule will be made before the industrial area is opened/
notified for general allotment.
3.8 Rate of allotment - Allotment will be considered on highest auction rate received
for industrial plot in the saturated industrial area concerned, in the last one year or
prevailing rate of allotment of the industrial area, whichever is higher. If highest
auction rate received is more than one year old but not more than 5 years, then it is
to be updated by adding 14% interest per annum up to the date of allotment.
If no auction has been conducted in the industrial area or the auction was done 5
years prior to the date of receiving application, then rate of allotment shall be fixed
by the Reserve Price Fixing Committee headed by MD.
In unsaturated industrial areas, rate of allotment will be the prevailing rate of
allotment of the industrial area concerned.
3.9 Back end Subsidy/Incentives - For the allotments made after 01.01.2014, back-
end subsidy/incentive will be given to the allottee @ 25% of the total amount of
premium after commencement of production activity with the proposed fixed
capital investment in the scheduled time period subject to fulfillment of other
terms and condition of allotment letter/lease deed.
3.10 Period for payment of balance 75% amount of premium - Balance 75% amount of
premium of land will be paid within 120 days from the date of issuance of
allotment letter. (Facility to pay the balance 75% amount of premium in installments
will not be allowed.)
3.11 Time extension for deposition of 75% amount of premium - Time extension for
payment beyond 120 days will be considered by the Managing Director on merit
upto 180 days on payment of interest at the applicable rate.
3.12 Time extension for overdue installments in cases of old allottees which were
allowed deferred payment:
(i) Unit head will consider regularization of delay for maximum two overdue
installments with interest for the default period.
41
(ii) Managing Director will have full powers to regularize the delay in payment
of overdue installment(s) with interest or may grant time extension from
the due date with interest depending upon the merit of the case.
3.13 Time limit for commencement of production: 3 years to be reckoned from the
date of allotment and shall be specified in the letter of allotment.
3(X). Allotment of land for setting-up of Private Universities in RIICO industrial areas.
(i) The Town Planning Cell would plan / earmark a plot / chunk of 30 acres
(minimum) of land in industrial area after assessing potential of the area
43
vis-a-vis setting up of private universities. Land for setting-up of
university would be planned as per the availability of land and suitability
of the place for the purpose. However, while planning land for
University(s) it may be a guiding factor to plan land for technical and
vocational institutions also nearby the university campus.
ii) Land allotment applications from the interested sponsoring bodies would
be invited after informing the plot availability in the area for the purpose,
through a press release in minimum two newspapers including one
newspaper of national level.
iii) The interested sponsoring body would submit application along with
keenness money of ˆ 5.00 lacs and letter of intent issued by the State
Government. The keenness money would be refunded without interest
after commencement of functioning of the University or the Corporation
rejects application for land allotment. Otherwise the keenness money
would be forfeited.
iv) The land allotment will be made at the basic rate of the concerned industrial
area, allowing 35% up-front discount on the basic rate, with a rider that the
above mentioned rebate will be admissible up to 30 acres of land area,
which being the minimum land area requirement for such projects. In
other words, in those cases wherein land allotment is of more than 30
acres, the above rebate will not be admissible for the land area exceeding
30 acres. Moreover, no additional rebate will be admissible in such cases
on any account such as large sized investment rebate, cash down payment
rebate etc.
v) Wherever, RIICO develops dedicated industrial area for
institutions/universities alone without any allotment to industry in such
area, land could also be allotted on undeveloped basis at price worked out
as premium at current value plus 20% amount of premium at current value
as administrative charges.
vi) Applications so received would be placed before a Committee of Financial
Advisor, GM (BP), Advisor (Infra) and unit head, concerned under the
Chairmanship of MD for approval of allotment.
vii) On approval of allotment, 25% amount of premium shall be deposited by the
applicant within 30 days from the date of issue of offer. However,
keenness money would not be adjusted. Payment of balance 75%
amount of premium shall be made in the similar manner as in case of
44
industrial plot. Policy about time extension, levy of service charges and
economic rent would be at par with the policy applicable for industrial
plots.
viii) The sponsoring body should take effective steps to the satisfaction of the
State Government/RIICO within two years of allotment, otherwise land
allotment would be cancelled and keenness money would be forfeited.
ix) In the university campus residential blocks including staff quarters and
hostel etc. would be allowed on the basis of actual needs.
(Inserted as per IDC decision taken vide item 20 on 30.04.2007 and further
modified as per observation made by IDC vide item 2 of its meeting held on
24.7.2007 & item 7 of its meeting held on 16.11.2007)
8. SUB LEASING:
The developer and the anchor unit will have the freedom of renting and sub-
47
leasing, both built up space and / or land, subject to the condition that such
renting and sub-leasing will only be permitted for the purposes defined at
serial no. 4(a) above Other terms & conditions of sub-leasing/renting will
be as under:
i) No separate permission/charges for sub-leasing built up space and/or land
will be required.
ii) Building construction of the IT Complex will be done as per the RIICO
Buildings Parameters related to IT Complexes. The Complex may also
house commercial, recreational, residential facilities for sub-leasing to the
extent permitted in RIICO building parameters related to IT Complexes.
iii) Sub-lease period will not exceed the remaining period available to the
original plot allottee.
iv) It is primarily the land allottee / prime lessee who will be required to pay all
dues / annual charges eg. Service Charges and Economic Rent etc. to
RIICO. If the sub lessees are made to pay the above annual charges to
RIICO then the allottee will put a condition to this effect in the sublease.
Without such condition the sublease will not be treated as valid. A suitable
provision / clause regulating the above arrangement will also be inserted in
the lease deed to be executed with the land allottee.
v) Common facility area will be maintained by the developer or through any
agency approved by it, for which the developer may levy suitable charges
on the users.
vi) Lessor (RIICO) will provide only outer infrastructure as per the
development scheme of the concerned industrial area. Internal
development of the IT campus will be the sole responsibility of the allottee
/ lessee as per plans approved by RIICO.
vii) Rights and liabilities between the lessee (allottee) and sub-lessee will be
determined amongst themselves and these will not be binding on RIICO in
any manner. However such mutual rights and liabilities will have to
conform to the rules and regulations of RIICO and terms and conditions of
such allotment of land etc.
viii) RIICO will not be answerable/ responsible for any dispute arising between
lessee and sub-lessee.
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3(Z). ALLOTMENT OF LAND FOR DEVELOPING AFFORDABLE AND LOW
COST GROUP HOUSING IN THE INDUSTRIALAREAS.
1. Invitation for expression of interest
Expression of Interest for developing Affordable and Low Cost Group
Housing Colonies will be invited for the land allotment . The land will be
allotted to eligible applicants as per the Policy of the Corporation i.e.
Policy for land allotment for development of Affordable and Low Cost
Group Housing.
3. Application Criteria:
† ACompany engaged in the Business of Infrastructure Development
with a minimum experience of 3 years in the same.
† Preference will be given to applicants who have developed Group
Housing for other Government Agencies in any State.
† The average annual turnover of the Company should be of Rs. 200
Crores .
4. Applicants to submit proposal including:
† Concept Plan.
† Proof of Financial Soundness, capacity to execute.
† Means of financing, implementation schedule.
† Experience in the field of infrastructure / urban development.
† Last 3 years Balance Sheet copies.
49
5. Procedure of Land Allotment:
† All applicants would be adjudged on the basis of their application
and their eligibility for the Project.
† Only the technically approved candidates passing the eligibility
criteria, as mentioned in Clause (3) and (4), above, will be invited to
give a Presentation on their Project / Development Plan.
8. Payment Terms:
† An earnest Money @ 2% 0f the total premium of the land to be
submitted along with the application. The same will be refunded
interest-free to the applicants who do not pass the eligibility
criteria.
† Eligible applicants will be required to deposit before making the
presentation, 10% of the total amount of premium (after adjusting
the earnest money).
† All money paid by the rejected applicants will be refunded interest-
free.
† The money paid by the selected /approved applicants will be
adjusted in final payment to be made by them.
† After the in principle approval, selected applicants will be required
to deposit 25% amount of premium within 30 days of the
approval (LOI of the same will be issued).
† Balance 75% will be deposited by the selected applicants within 90
days of the allotment letter issued (after adjusting the earnest
money and 10% paid). The possession of land will be given after
50
receipt of 100% payment.
† No payment will be allowed in instalments.
† In case of any default by the selected applicants, all amounts
already paid, shall be forfeited.
9. Development Details:
† The selected applicants would be required to develop the Affordable
and Low Cost Group Housing as per the guidelines mentioned in
Affordable Housing Policy 2009 of the State Government
† The work can be started by the developer immediately on receiving
the possession of the land.
† Sanctioning of Plans would be on self certification basis, duly
approved by the Govt. Recognized Chartered Engineers.
† Sewage, water and electricity connection shall be facilitated by the
Corporation as per the existing policies.
† Clearance from Fire, Environment and Airport Authority of India
(If required) shall be taken by the developers directly. However, any
assistance support required on the same will be provided.
10. Application Forms:
To be submitted at the unit office. Selection of the builder by the
Committee of HO headed by the MD.
11. Subleasing of the built- up space :
The builder will have the freedom of sub-leasing the built up dwelling units
and other built up space created for the supportive use on the following
terms & conditions:
iii. Sub-lease period will not exceed the remaining period available to
the original plot allottee.
51
iv. It is primarily the land allottee / prime lessee who will be required to
pay all dues / annual charges eg. Service Charges and Economic
Rent etc. to RIICO. If the sub lessees are made to pay the above
annual charges to RIICO then the allottee will put a condition to this
effect in the sublease. Without such condition the sublease will not
be treated as valid. Asuitable provision / clause regulating the above
arrangement will also be inserted in the lease deed to be executed
with the land allottee.
v. Common facility area will be maintained by the developer or
through any agency approved by it, for which the developer may
levy suitable charges on the users.
vi. Lessor (RIICO) will provide only outer infrastructure as per the
development scheme of the concerned industrial area. Internal
development of the Complex will be the sole responsibility of the
allottee / lessee as per plans approved by RIICO.
vii. Rights and liabilities between the lessee (allottee) and sub-lessee
will be determined amongst themselves and these will not be
binding on RIICO in any manner. However such mutual rights and
liabilities will have to conform to the rules and regulations of
RIICO and terms and conditions of such allotment of land etc
viii. RIICO will not be answerable/ responsible for any dispute arising
between lessee and sub-lessee.
(Inserted as per approval by the BOD vide item 18 of its meeting
held on 19.3.2010)
3(AA) Allotment of Land at concessional rates for setting up of training
centres/ institutes, to the Societies, Trusts, Non Profit Earning
Companies (Companies registered under Section 25 of Companies
Act) and also to the State/Central Government Organizations.
Land measuring upto 4000 sq. mtr maximum, can be allotted to the specific
applicants for setting up of a training centre/ institute as under:-
a) The land for the above purpose will be allotted to the Societies,
Trusts, Non profit earning Companies or to the State/Central
Government Organizations only having objective to impart training
for promoting skill of their members, having facility of Training
Hall, Library, Mini Test Laboratory, Audiovisual Auditorium,
Computer Training etc.
b) Initial 1000 sqm. land will be allotted @ 25% of the prevailing rate
52
of allotment of the industrial area concerned and land over and
above 1000 sq. mtr will be allotted @ 50% of the prevailing rate of
allotment of the industrial area concerned.
c) The allotment will be made with the specific condition that the
allottee will commence construction within a period of 6 months,
and will make the training institute functional within a period of 2
years from the date of the land allotment after completing the
requisite quantum of construction. General provisions of the RIICO
Disposal of Land Rules, 1979 will also be applicable to such
allotments.
d) The allotment of land will be made on non transferable basis and
any subsequent request for change in land use will not be
entertained
e) In the eventuality the allottee not adhering to the time schedule
prescribed as above for setting up of the centre/institute, the
Corporation will be at liberty to cancel the allotment and
accordingly, the land will get reverted back to the Corporation.
f) The Managing Director is authorized to approve the allotment of the
land for such Training Centers/ institutes on merits of each case.
( Inserted as per approval of the IDC vide item no. 5 of its meeting
held on 18.10.2010)
3(AB): Reservation of land in industrial areas not launched,:
1. "Letter of Reservation" will be issued for allotment of industrial land in the
industrial areas which fulfill following conditions:-
(a) The possession of land is already available with the Corporation.
(b) The planning of the area has been approved by the competent
authority and
(c) Application has been made for obtaining Environmental Clearance
(EC), wherever applicable.
53
publicity about area for which applications for reservation will be
received.The advertisement shall also give details about the name
of area, keenness amount, available land area, nature of permissible
industries etc.
(III) Any application received before issuance of public notice shall not
be entertained.
(IV) Such applications should be accompanied with keenness money of
10% of the premium calculated on the prevailing rate of
allotment, if fixed. In case where rate of allotment has not been
fixed, 10% of the premium calculated on the prevailing rate of
allotment of nearby industrial area be deposited.
(V) It shall be mentioned in the reservation letter that final rate of
allotment of land shall be decided at the time of issuance of letter of
allotment and the 10% keenness money deposited by applicant will
be provisional and shall be adjusted against the final cost of land.
(VI) Validation of the presumptions of the application about the land
requirement, likely investment in the proposed project, suitability
of the proposed project in the area concerned etc. will be done in-
house as is done in the cases of land allotment under rule 3(W).
(VII) The cases will be placed before the IDC for approving issuance of
Letter of Reservation.
(VIII) "Letter of Reservation" will be considered only upto 50% of the
saleable area of the industrial area concerned.
(IX) The "Letter of Allotment" will be issued after opening of the
industrial area for land allotment.
(X) Possession of the land will be handed over only after opening of the
industrial area for allotment.
(Inserted as per item 15 of the meeting dt. 13.8.2012)
Note:
All such cases for allotment of industrial, other than industrial, Commercial and
residential plots in any industrial area at a rate below prevailing rate of allotment in
the industrial area would be placed before IDC for decision. However this would not
apply to the land for public purposes where the existing rules provide for allotment
at token/ nominal charges. (Inserted as per IDC decision taken vide item 11 on
25.04.2005)
54
4. SECURITY DEPOSIT
(i) Security Deposit shall be made in the form of Bank Draft or
Bankers Cheque drawn in favour of "RIICO Ltd.", @ 1% of the
total cost of land, subject to minimum of ˆ 2500/-.
57
industrial area if any competent court enhances the compensation payable
under an award subsequently.
12 (1)- For land allotments without auction:
† 25% amount of premium as pre-requisite amount alongwith the
application form for the land allotment.
† Balance 75% amount of premium with in 120 days time, from
the date of allotment without interest.
12 (2)- For land allotments through the process of auction:
Payment of balance 75% amount of premium in installments of
the plots to be allotted for industrial/ commercial/residential
purpose through auction (Sealed Bids), as under:
a. If the land cost is upto ˆ 1.00 crore: Balance 75% amount
of premium will be paid in three equal quarterly
installments with interest (at the rate as may be prescribed
from time to time).
b. If the land cost is above ˆ 1.00 crore: Balance 75% amount
of premium land will be paid in seven equal quarterly
installments with interest (at the rate as may be prescribed
from time to time).
c. Other terms and conditions shall be as under:
(i) The first installment shall become due on fixed
date falling after 4 months from the allotment date
and interest shall be charged from 121st day of
allotment. Fixed dates for payments of installment
with interest shall be 31st March, 30th June, 30th
Sep. and 31st Dec. of the year.
(ii) The installment shall be paid on due date (as
mentioned above) along with interest to be
calculated on remaining amount of premium on
due date. In case of default in installment
payment, further interest at the rate i.e higher by
2% over & above the normal rate shall be levied
on due principal amount of installment from the
due date of installment till the date of payment.
While depositing the amount, payable interest
shall be adjusted/ deposited first.
58
d. The allottee may opt to pay balance 75% amount of premium
within 120 days of the land allotment for which no interest
will be charged. (Lastly amended as per item 3 of the
meeting dt. 4.1.2013. Amended vide item (8) in its meeting
held on 27.10.2014 )
12 (3) (a) The Chairman and Managing Director may allow payment of
balance 75% amount of premium of industrial plot in three equal
quarterly instalments, without interest in case the allotment is made
before the industrial area is declared as developed.
(b) Managing Director is authorized to allow installment facilities on
the lines as laid down in the rule 12(2) above, for normal allotment
of industrial plots in those unsaturated areas which are not fast
growing and the pace of allotment is very slow. However, such
decisions, if any, will be placed before the IDC for information
(Inserted as per IDC decision taken vide item 12 on 25.02.2000)
12(4) For plot allotments through auction, the charges shall be paid as per the
terms & conditions of auction.
(Substituted as per IDC decision taken vide item 6 on 22.03.2000)
12(A) Additional charges for corner plots:
` (i). If a corner plot measuring up-to 4000 sqm. is proposed for
allotment, additional charges @ 10% of the rate of allotment as
corner charges shall be charged for corner plot. For corner plots
measuring more than 4000 sqm., which may not be available for
allotment in the industrial area, no corner charges shall be levied if
the corner plot of the required size is planned by clubbing corner
plot(s) measuring less than 4000 sqm. However, if the desired plot
size is available for allotment but the allottee / applicant prefers a
particular plot by clubbing of smaller corner plot(s), in such cases,
charges for corner plots will be levied limited to the originally
planned corner plot(s).
(ii) The concession to the allottees of concessional categories shall be
allowed on the total cost of land of the plot including corner
charges.
(iii) If a plot proposed for allotment upto 4000 sqm. is constituted by
clubbing corner plot with non-corner plot, corner charges shall be
levied on the area of corner plot as per original lay out plan.
59
(iv) Corner charges on the non-cornered plots which have been carved
out by sub-division of large size corner plot will not be levied.
Large size corner plot shall be sub-divided only when required size
of plot is not available in the area.
(v) Corner charges will be levied only when more than one plot of any
size has been planned. Isolated plots will not be subjected to corner
charges.
(Substituted as per IDC decision taken vide item 19 on 5th July
2000 and item 11 on 25.01.2001)
60
S. Rate on which Strip of land/excess land to
Category Authority
No be allotted/ regularised
Industrial/ Residential Commercial
Institutional
1. Where the strip At the At the At the Unit Head
of land/excess allotment rate allotment rate allotment rate
land in with simple with simple with simple
possession is interest @ 12% interest @ 12% interest @ 12%
up to 5% of the per annum OR per annum OR per annum OR
total area prevailing rate prevailing rate 4 times of
allotted of allotment of of allotment of prevailing rate
originally. the industrial the housing of allotment of
area concerned, colony OR 2 the industrial
whichever is times of the area concerned,
higher. prevailing rate whichever is
of allotment of higher
industrial area
concerned,
whichever is
higher.
2. Where the strip For the first 5% For the first 5% For the first 5% Unit Head
of land/excess as in (1) above as in (1) above as in (1) above
land in and for the and for the and for the
possession is additional land additional land additional land
beyond 5%
more than 5% beyond 5% and and up to 10% - beyond 5%
but up to 10% up to 10% - At At the and up to 10% -
of the total the allotment allotment rate At the
area allotted rate with with simple allotment rate
originally. simple interest interest @ 12% with simple
@ 12% per per annum OR interest @ 12%
1.25 times of
annum OR 1.25 per annum OR
the prevailing
times of the rate of 5 times of the
prevailing rate allotment of the prevailing rate
of allotment of housing colony of allotment of
the industrial OR 2.5 times of the industrial
area concerned, the prevailing area concerned,
whichever is rate of whichever is
allotment of
higher. industrial area higher.
concerned,
whichever is
higher.
61
3. Where the strip For the First For the First For the First MD
of land/excess 10% as in (1) 10% as in (1) 10% as in (1)
land in and (2) above and (2) above and (2) above
possession is and for the and for the and for the
more than 10% additional land additional land additional land
of the total beyond 10% - beyond 10% - beyond 10% -
area allotted At the At the At the
originally. allotment rate allotment rate allotment rate
with simple with simple with simple
interest @ 12% interest @ 12% interest @ 12%
per annum OR per annum OR per annum OR
1.5 times of 1.50 times of 6 times of the
prevailing rate the prevailing prevailing rate
of allotment of rate of of allotment of
the industrial allotment of the the industrial
area concerned, housing colony area concerned,
whichever is OR 3 times of whichever is
higher. the prevailing higher.
rate of
allotment of
industrial area
concerned,
whichever is
higher.
(iv) Where any vacant strip of land is so located that it can be used by the
lessees of more than one adjoining plots, such strip of land shall be
disposed of by a limited bidding (Sealed) between the lessees of all the
adjoining plots. For this purpose, the reserve rate of auction will be
decided by the competent committee as per their delegation. The strip of
land will be allotted to the highest bidder. However, in such auction, if
single bid is received than the strip of land shall be allotted by the Unit
Head to the bidder at the rate offered by the single bidder subject to
condition that the offer rate will not be less than the reserve rate.
(v) Before disposing of any strip of land, the building line shall be marked
which shall be maintained.
(vi) No strip of land shall be allotted/ auctioned, if , it endangers the public
safety or is against traffic regulation.
62
Service Charges for the Strip of Land/Excess land allotted/regularized
shall be recovered as per the prevailing rate of Service Charges applicable
on the date of allotment/regularization.
(vii) A supplementary lease deed will be executed for the strip of land/excess
land allotted/ regularized and the stamp duty shall be paid by the lessee.
u No excess land/strip of land will be allotted/ regularized in ROW of
road.
(Existing provisions substituted by the amended provisions as per
approval accorded by the Infrastructure Development Committee of the
Board of Directors vide item (18) of its meeting held on 05.8.2008 .
amended as per item 5 of the meeting held on 4.1.2013) (Amended as per
item 3 of the meeting 07.10.2014)
12C Policy for refund of amount of premium on account of short area for all
types of allotted plots:
In cases where the land is found less than the area as per the lease deed/
physical possession, then the deposited amount due to short land would be
refunded without approval of HO, alongwith interest (w.e.f. 01st Nov.
2003) as under:
(i) If amount remains with the Corporation for @ 5.5 % per annum
a period less than one year.
(ii) If amount remains with the Corporation for @ 6.0 % per annum
a period of one year and above
Note:
63
13. RE - SCHEDULEMENT OF INSTALMENT
The Chairman & Managing Director shall on being satisfied, revise the
schedule of repayment of outstanding instalments in genuine cases of sick
industrial units.
(Substituted as per IDC decision taken vide item 22 on 1.9.1999)
The Chairman & Managing Director may allow re-schedulement of due
balance cost of land alongwith interest, on the case to case basis, in cases of
plots allotted for setting-up of institutions.
(Inserted as per IDC decision taken vide item 5 on 12.11.2002)
65
(b) Presently rate of service charges is being enhanced annually by @
10 %ofprevailingrateofservicechargesroundedofftonearby ˆ 0.05.
15(A) (i) On failure to pay the service charges within stipulated period i.e
within 120 days from the date of allotment in case of the new
allotments and by 31 July of the financial year in case of old
allotments, then the due amount of the service charges will be
recovered with interest from the due date i.e from the date of
alloment in case of new allotments and from 1 April in case of old
alloments.
(Amended as per item 34 of the meeting 9.3.2012 )
15(A) (ii) In cases of plots allotted for industrial, commercial or other
purposes through auction, service charges shall be levied from the
date of plot possession and shall be paid within 60 days from the
date of possession for the year of possession. If the plot possession
is not taken within 90 days from the date of 100% amount of
premium paid then the possession shall deemed to have been taken
on 91st day of the payment of amount of premium for the
purpose. Service charges for the year of allotment shall be charged
proportionally for remaining period of the year from the month of
allotment / possession as the case may be.
(Substituted as per decision taken by IDC vide item 11 of the
meeting held on 3.6.2000, amended vide item (4) of IDC Meeting
dt. 17.12.2015.)
15(A) (iii). One time payment of service charges (for a block of 10 years):
Allottee may also opt to pay one time service charges for 10 years,
in advance at 6 times of prevailing rate. After expiry of 10
financial years, a block of another 10 years shall commence from
1st April, of 11th financial year and service charges for that block
equivalent to six times the rate fixed at that time shall be paid
before 31st July of the financial year and so on.
(Inserted as per IDC decisions taken vide item 6 & 12 on 5.7.2000
& on 30.09.2000 respectively)
15(A) (iv). Service Charges shall be recovered in all Industrial Areas from the
date of declaration of the area as developed.
15(A) (v). No Service Charges will be levied upon the allottees to whom plots
have been allotted for the following purposes :
66
(a) Industries Association - for construction of association building.
(b) Power Companies (erstwhile RSEB)-For setting up power Grid
Sub Station (GSS) of 220/132 KV & 33 KV.
(c) PHED - For water supply scheme/arrangements in the area itself.
(d) Director of Industries - For DIC building
(e) Police Department - For Police Chowki
(Inserted as per IDC decision taken vide item 10 & 10-a on
12.5.81item 8 on 31.5.88. )
15(A) (vi) No service charges shall be levied upon industrial plot allottees in
industrial areas including transferred industrial areas for one year
time period (maximum) from the date of closure of the unit and
also no interest shall be levied on old outstanding service charges
for the closure period. The closure period will be reconed from the
date of disconnection of power supply/ electric connection till the
date of the reconnection. The allottee shall provide adequate proof
regarding disconnection of power supply from the concerned
department and the benefit will be given on the physical and record
verification of the closure of the unit by the unit office. If an unit
remains closed for a period of less than one year, then also the above
benefit will be extended to such units for the full one financial year.
(Amended as per IDC decision vide item 8 of its meeting dt.
18.2.2011. Amended as per item 14 of the meeting 26.4.2012 )
15(A) (vii) From 1.4.2001, service charges in slow moving industrial areas
shall be charged @ 2/3rd of normal rate of service charges. The
reduced rate shall continue till the category of slow moving
industrial area changes to normal area and thereafter the rate of
service charges shall be increased from 2/3rd to full rate. The plot
allottees in such areas shall pay service charges at reduced rates by
31st July. In case of failure, full rate of service charges shall be
levied upon plot allottees in these areas. Plot allottees in these areas
if again fail to deposit the service charges by 31st March of the
financial year then outstanding service charges on full rate shall be
recovered alongwith interest from Ist April of next year. (Inserted
as per IDC decision vide item 12 on 8.1.2001, item 12 on 25.1.2001
and item 3 on 9.10. 2002)
67
15(A) (viii) In case of land allotted for setting up of a School, service charges
will be levied at the rates as applicable for the industrial
plots.(Inserted as per IDC decision taken vide item 15 on 23.3.1996
& item 21 on 15.11.96. amended in pursuance of item 4 of the
meeting held on 18.2.2011)
15(A) (ix) Service charges in RIICO Housing Colonies having specifications
of industrial areas of 'A' and 'AA' category, shall be levied at two
times of the rate of service charges fixed for industrial plot subject
to a minimum of ˆ 500/- per annum. For Housing Colonies having
specifications of other categories of industrial areas, service
charges shall be recovered at per the rate applicable for industrial
plots subject to minimum of ˆ 250/- per annum.
15(A) (x) For commercial plots, the rate of service charges shall be two times
of the rate of service charges fixed for industrial plots subject to a
minimum of ˆ 500/- per annum.
15(A) (xi) In undeveloped industrial areas, service charges will not be levied.
15(A) (xii) In semi-developed industrial areas service charges shall be levied at
the rates as may be fixed by the Corporation. (Substituted as per
IDC decision taken vide item 30 on 23.9.2002 and item 17 on
12.5.97)
15(A) (xiii) Service charges for the plot allotted for Group Housing Flats shall
be levied as per the rate applicable for industrial plot in the area, for
eight years from the allotment date or till the completion of
construction phase / its occupation, whichever is earlier and
thereafter service charges shall be levied at two times the rate of
service charges applicable for industrial plots subject to a minimum
of ˆ 250/- per annum. (Substituted as per IDC decision taken vide
item 18 and 19 on 12.7.99, item 17 on 8.7.2002 and item 30 on
23.9.2002. Inserted as per IDC decision taken vide item 12 on
9.7.98 and item 5 on 22.3.2000)
15(A) (xiv) For hotel / motel plot, the rates of service charges shall be levied at
two times of the rate fixed for industrial plots subject to minimum
of ˆ 500/- per annum.
(Substituted as per IDC decision taken vide item 30 on 23.09.2002)
68
15(A) (xv) The interest on outstanding service charges shall be waived in case
of units declared sick by BIFR / Industries Department or Closed
Units taken over by RIICO/ RFC/ Other Institutions.
However, in case where the unit/company has not been able to
obtain sickness certificate from the competent authority but the
entire net worth has been eroded and company has been in losses for
three continuous years, such unit would be eligible for 50% rebate
in interest on outstanding service charges. Net worth erosion shall
be considered on the basis of certificate issued by concerned
financial institution.(Inserted as per IDC decision taken vide item
13 on 9.7.98, item 13 on 25.2.2000 and item 9 on 8.8.2000)
15(A) (xvi) Recovery of service charges in case of permitted plot sub-
division:
The Corporation shall recover service charges @ 1.25 times of the
normal rate from the transferees of sub-divided plots where sub-
divided plots are not having direct access to the existing
infrastructure and the infrastructure facilities are provided for the
sub-divided plots under supervision of the Corporation by the
transferor/allottee of large size plot.
15(A) (xvii) In case of land allotted for setting-up of Training Institute
(Engineering/ Medical / Dental and Other Institutions and
Educational Institutions), service charges shall be recovered at the
rate fixed for industrial plots.
15(A) (xviii) The service charges shall be recovered from the plot allottees of
nursing homes / hospitals at the rates fixed for industrial plot
allottees in slow moving industrial areas. After change of category
and in other areas service charges at 2 times the rate applicable on
industrial plot allottees shall be recovered. (Inserted as per IDC
decision taken vide item 8 on 7.12.2000, item 3 on 12.7.99, item 13
on 3.6.2000 and item 31 on 23.9. 2002)
15(A) (xix) Special provision, applicable to the land allotments to the
khatedars ( land allotments in lieu of the cash
compensation):
That the service charges will be levied on the allottee khatedars
from the date on which unit/project is set up by them on the allotted
plot/land not withstanding the normal provisions of the relevant
69
rule. In case, the vacant plot is transferred by the allottee Khatedars
then service charges shall be made leviable on the transferee as per
usual norms/rules. (Inserted as per IDC decision of the IDC taken
vide item 14 of its meeting held on 27.10. 2008)
15(B) CESS :
For maintenance of fire fighting facility in the area, Fire Station
Charges (FSC) shall be levied in addition to the service charges in
consultation with the industries association of the area, if any. FSC
will be recovered on the same lines, the service charges are realized
from plot allottees. (Inserted as per IDC decision taken vide item 4
on 9.7.1998)
70
* Subletting of the industrial building for Commercial Warehousing will be
allowed to an extent of maximum 40% of the plot area. Regularization of
the unauthorized commercial warehousing will also be allowed by
charging 1.25 times of the one month rent as agreed between the party for
each year of past subletting on the date of regularization.
(Amended as per approval of the IDC vide item 24 of the meeting
16.12.2009. amended as per item 35 of the meeting held on 4.1.2013.
Supportive service added as per decision of IDC vide item (6) of its
meeting held on 20.12.2014 and item 22 of the meeting 13.5.2014,
further amended as per IDC decision vide item (3) of its meeting dtd
12.05.2016)
16 (2) No premium shall be charged from allottees of industrial plot or plots
allotted for any other purpose like, residential and commercial plots etc. on
subletting of the plot for the purpose it is allotted for. (Inserted as per IDC
decision taken vide item 5 on 14.2.2001 and vide item 8 on 21.10.2005)
16(4) Plot allottee may be allowed to sub-lease the plot or part thereof on such
terms and conditions as may be mutually agreed upon between lessee and
sub-lessee, irrespective of stipulation made for not allowing subleasing at
the time of allotment/ sale of plot. However, the sub-leasing will be
governed by the following conditions:
(i) The lessee can make sub-lease only after taking prior permission of
RIICO.
71
(ii) Every sub-lease will be treated as transfer and fees prescribed for
transfer of plots will be chargeable from lessee or sub-lessee, as the
case may be.
(iii) In case where plot or part of the plot is not being sub-leased but only
built up area (space) is being sub leased, a sub-lease fees equivalent
to transfer fees will be charged for the built up area is sub-leased.
(iv) Sub-lease will be permissible only for the purpose for which the
plot was allotted or converted.
(v) Sub-lease period will not exceed the remaining period of the lease
originally granted to the plot allottee.
(vi) Terms and conditions applicable to the lessee will also mutatis-
mutandis apply to all sub-lessees unless otherwise specified.
(vii) The lessee (allottee) and sub-lessee, both will be responsible for
payment of various dues to RIICO. RIICO will be free to recover it
from either party.
(viii) RIICO will not be responsible for providing any extra
infrastructure support or services to sub-lessee.
(ix) The building parameters available to the plot will not be relaxed in
any manner. Where original plot is sub-divided and sub-leased, the
parameters for original plot and sub-divided plot will be re-
determined by RIICO, which may be less than what were available
to the undivided plot.
(x) No extra ground coverage, height or FAR will be permissible on
account of sub-leasing.
(xi) Rights and liabilities between the lessee (allottee) and sub-lessee
will be determined amongst themselves and these will not be
binding on RIICO in any manner. Such mutual rights and liabilities
will have to conform to the rules and regulations of RIICO.
(xii) RIICO will not be answerable to any disputes arising between
lessee and sub-lessee.
(xiii) Any other conditions which may be prescribed by the Corporation.
(Amended as per IDC decision taken on 05.7.2004)
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17. (A) Un-Utilized Land
(B) Sub-Division of allotted plot & after transfer of Sub-Divided Plots
(C) Merger of Plots
(D) Delegation of Powers
(E) Sub-division of large size industrial plots
74
Note:
Sub-division charges shall be deposited along with the application to be calculated on
the basis of prevailing allotment rate and prevailing rules of RIICO. This amount will
be deposited as an advance till final disposal of application. In case of rejection of such
application, the amount so deposited, will be refunded without interest to the
concerned applicant. No legal right would be created in favour of applicant merely on
deposition of such amount.
(iii) Provided that the provisions as at 17-(B)-(ii) a,b and c , above, of this Rule,
will not be applicable on the following plot subdivision cases:
(a) where developed land has been given to khatedars for acquisition
of their land in lieu of cash compensation. However, the transferee
shall not be permitted for further sub-division, unless the khatedar
has sold the said plots as per original (i.e. without sub-division), in
which case Rule 17(B) shall be applicable. Moreover with respect
to minimum size of the subdivided plot as at 17-(B)-(ii)-c above,
norms adopted by JDA/relevant local bodies in respect to minimum
size of residential plot will be followed.
(b) Where subdivision of an allotted plot is affected in pursuance of a
WILLof the deceased allottee concerned or due to any court order.
(iv) While approving subdivision of residential plots allotted to the
entrepreneurs or otherwise (non-khatedars), minimum area requirement
as mentioned at 17-(B)-(ii)-c above may be relaxed. However, the norms
adopted by JDA/relevant local bodies in respect to minimum size of
residential plot will be followed.
(v) (a) In cases where subdivision and subsequent transfer of part land has
taken place before 1.5.2008, will be treated as per provision of sub-
division policy existing at the time of registered sale deed of the
plot or sub-divided plot. However, the transfer fee will be
recovered in these cases as per prevailing norms.
(b) Plots existed as on 1.5.08 will be treated as original plots and sub-
division will be allowed as per present sub-division policy.
(vi) In case of transferred industrial areas, wherein more than 50% plots were
planned upto the size of 500 sqm. or less , then the minimum size of sub-
divided plot can be of 200 sqm in relaxation of provision of the rule 17-(B)
(ii)-c, above.
75
(Inserted as per item 12 of the IDC meeting held on 15.9.2009. Further
amended as per item24 of the IDC's meeting Dt.16.12.2009. Amended as
per item 3 of the meeting 10.2.2010. Sub rule 17-B-v inserted as per
approval of IDC- item 39 of meeting held on 18.2.11. amended as per item
3 of 19.10.11. Further amended as per item14 of the meeting 9.3.2012 )
17-(B-1): Transfer Defined:
For the purpose of this provision, transfer of part land/plot(transfer of lease
hold rights ) mean transfer of part/parts of land/plot after land/plot sub-
division, 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/ Limited Liability Partnership
(LLP)/ One Person Company or any other allottee/lessee as the case may be.
Notes:
(i) The transferee will have the status of an allottee / lessee of the Corporation and all
the relevant rules and regulations of the Corporation will apply to the transferee
'Mutatis-Mutandis'. The transferee will be holding the land / plot 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.
(2): Transfer Fee:
Transfer of lease hold rights of sub-divided land/plot subsequent to sub-
division of the allotted land in accordance with Rules/policies of the
Corporation etc. can be allowed on payment of transfer fee as under:
i) If all the sub-divided land/plots are sold/transferred by the Lessee
in favour of subsequent purchaser(s) without seeking amendment
in original Lease-Agreement, transfer fee shall be leviable @ 8% of
the prevailing industrial allotment rate of industrial area concerned.
ii) If any sub-divided plot retained by the Lessee where unit is/had
been under production and remaining sub-divided plots are
sold/transferred and also seeking amendment in original Lease
Agreement, for reduced area (area to be retained by the Lessee),
transfer fee shall be leviable @ 2% of the prevailing industrial
allotment rate of industrial area concerned for this retained
area/sub-divided plot and 8% of the prevailing rate of the industrial
area concerned for sub-divided plots transferred/sold by the
Lessee.
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Provided that lessee shall be required to retain such sub-divided plot
minimum for a period of one year from the date of seeking amendments in
original Lease Agreement. Otherwise, 8% transfer charges shall be
leviable even on transfer of retained area/sub-divided plot. (Item no. (7) of
the Infrastructure Development Committee of the Board of Directors of
RIICO of its meeting held on 20.12.2014. Further amended vide item 4 of
IDC meeting 02.3.2015.)
Exemptions:
The following cases will be exempted from payment of transfer fee:
(i) If transfer of part land / plot or transfer of interest / holding in the firm is in
favour of blood relations. The spouses shall also be treated at par with the
relatives.
(ii) If the transfer of the part plot/land is being affected in pursuance of
rehabilitation scheme sanctioned/approved by BIFR/ AAIFR/ Financial
Institutions.
(iii) If part land/plot after sub-division is being transferred to a new firm
( Proprietor ship/ Partnership/ LLP) wherein the t ransf eror
proprietor/partners and /or their blood relations are holding controlling
shares in the new transferee firm/LLP.
(Item 20 dt20.12.2014)
(iv) If land/plot is being sub divided in small plots and then being transferred
with a view to clear term loan dues as one time settlement, in case of the
units exclusively financed by RIICO then, the chargeable transfer fee can
be reduced or even waived by the Waiver Committee constituted under the
chairmanship of MD/CMD. However, transfer fee in similar cases
financed by other financial institutions will attract transfer fee as per rules.
(v) If the existing partners (on record of the Corporation) of an allottee firm are
sub-dividing the land / plot and distributing the land / plot
between/amongst themselves for setting up separate units, pursuant to a
mutual settlement arrived at or order given by a competent Court of Law.
Explanations and Notes :
(i) Existing partners / promoters means partners / promoters existing at the
time of plot allotment.
(ii) Blood relations as defined in Rule 2.
(iii) Sub-division / transfer of unutilized land/plot under the rule will be subject
to the condition that the Corporation will not be responsible to provide the
77
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 / sub-division under the rule.
(iv) Transfer of part plot / land under these rules will be permitted for the same
purpose for which the plot / land has been allotted.
(v) All provisions mentioned in this rule will be applicable to all pending
cases.
(vi) The 99 years lease period would be computed from the original land
allotment date in respect of cases considered/permitted under these Rules .
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17-(E) : Sub-division of large size industrial plots
1. The eligibility conditions for sub-division of large size industrial plots:
a. Plot having area 10,000 sqm. and above; and
b. The unit has come into production at least five years before the date of
application for sub-division of plot; and
c. The unit is a closed/sick/has suffered loss, at least during the last 3 financial
years; and
d. The allottee declares that such land is not needed for their current/ future
operations/ expansion.
2. Having met the eligibility conditions mentioned as above, sub-division of an
industrial plot will be allowed on the following terms and conditions:
(i) There will be no restriction on number of plots carved out of the sub-
division.
(ii) Minimum size of a sub-divided plot will not be less than 500 sqm.
(iii) The lessee will submit the lay-out plan of proposed sub-division of plot.
Sub-division in phases will be permitted. However, subsequent sub-
division of transferred sub-divided plot will not be permitted.
(iv) In case the lessee has availed financial assistance from any
Banks/Financial Institutions against security of the land/assets proposed
for sub-division, the lessee will submit 'No Objection Certificate' from the
concerned Financial Institution/Bank along with application for sub-
division.
(v) The lay-out plan submitted by the lessee will be examined and approved by
a Committee headed by ED, and comprising of Advisor (Infra), STP/ DTP
and Unit Head concerned as per prevailing norms/guidelines regarding
basic infrastructures/Town Planning.
(vi) Right of way of internal road for plots upto 1500 sqm would be minimum
18.00 meter and for plots above 1501 sqm would be minimum 24.00 meter.
(vii) The lessee will be under obligation to develop and provide all the required
basic infrastructure facilities like road, storm water drains, power line,
street light, rain water harvesting system, water supply scheme etc. and
other required services like GSS and CETP at his own cost to such sub-
divided plots/land. Allottee/developer will develop infrastructure
facilities as per specifications approved by RIICO and shall be surrendered
and handed over to RIICO after completing the above infrastructure
development.
79
(viii) Out of total saleable area of the sub-divided plots, sale/transfer of sub-
divided plots equivalent to 12.50% of the total saleable area will be
withheld by the Corporation till completion of development work at site
and a remark to this effect shall be mentioned in the approved lay-out plan
by the Corporation.
(ix) The required infrastructure facilities will be completed by the allottee
within 3 years from the date of approval of the layout plan of the proposed
sub-division. After completion of infrastructure facilities, a committee
comprising of Head of Technical cell and Unit Head concerned will
examine the infrastructure facilities developed by the allottee and will
submit an evaluation report which will be put up before the committee
constituted at para (v) above for taking a decision regarding release / sale/
transfer of withheld plot(s).
(x) In case the allottee fails to provide the requisite infrastructure facilities
within the specified period or develop only part infrastructure then area of
plots withheld by the Corporation shall revert to the Corporation. The
Corporation will be at liberty to dispose of these plots by way of auction as
per laid down procedure. The lessee will be required to execute an
agreement with the Corporation for fulfillment of above condition.
(xi) Sub-divided plots will be used for industrial and non-industrial, other than
residential, purpose. However, total area that will be used for non
–industrial purpose will be decided as under:
(a) 15% of the allotted plot area, if the plot was allotted stand alone.
(b) 15% of the allotted plot area, if the plot is falling in an industrial area
subject to the condition that it should be within the ceiling of 15% of the
total scheme area of the industrial area concerned for non industrial use.
The area of non industrial use will be the total area excluding area under
industrial use, roads, open/woodland, nallah and reserved areas
(xii) The charges for sub-division permission/ transfer fee will be as under:
(a) Sub-division charges at the rate of 2% of the prevailing rate of
allotment of the industrial area concerned for entire plot area if full
plot area is proposed for sub division. However, in case part land is
proposed for sub-division, then sub-division charges will be
leviable at the rate of 2% f the prevailing rate of allotment for the
part area proposed for sub-division (To be paid by the lessee before
sub-division permission by unit office).
80
(b) Transfer fee for transfer of sub-divided plots will be charged at the
rate of 8% of the prevailing rate of the industrial area concerned(To
be paid by allottee/ purchaser on transfer of individual sub-divided plot).
(c) Conversion charges leviable for change in land use of area of sub-
divided plot from industrial to non-industrial use - as per rate
prescribed in the RIICO Disposal of Land Rules, 1979 for that
purpose(To be paid by the lessee before sub-division permission by
unit office).
(d) In case the plot is allotted stand alone and no rate of allotment is
fixed for that plot/area by the Corporation, then the rate of allotment
will be decided separately by Reserve Price Fixing Committee
headed by the Managing Director.
(xiii) The provisions of the policy shall be made applicable to the transferee/
prospective buyer of the plot.
(xiv) Lease period for the sub-divided plots will not exceed the remaining period
of lease of plot originally granted to the lessee.
(xv) Terms and condition applicable to the lessee will also mutatis-mutandis
apply to all sub-lessees unless otherwise specified. The lessee/developer
will execute sub-lease with the purchaser in the format which will be got
vetted from the Corporation before execution. No fresh lease deed will be
executed by the Corporation with the sub-lessee.
(xvi) If any rebate in rate of allotment due to large size plot and minimum
investment of Rs. 50 crores was allowed as per rule 3 (C) of RIICO
Disposal of Land Rules, 1979 at the time of allotment then same shall be
recovered along with prevailing rate of interest. However, additional 10%
ebate in the rate of allotment availed by the allottee for making ˆ 50 crores
minimum investment will not be recovered, if the required investment was
made by the allottee.
(xvii) Lessee/ transferee will be bound to abide by the rules and regulations of
RIICO Disposal of Land Rules, 1979.
Table-2
83
(iii) In case of transfer of vacant plots the chargeable transfer fee will be
at 15% of the prevailing rate of allotment of the industrial area
concerned for the plots allotted for industrial, educational
institutions and supportive services purposes. However for
residential and commercial plots the said transfer fee ( transfer of
the vacant plots) will be 1.5 and 2 times the above fee, respectively.
(a) Security deposit of the allottee will be forfeited consequent
upon transfer of the plot without commencement of
production activity.
(b) Fresh security deposit has to be made by the transferee in
whose favour the leasehold rights of the plot is transferred
without commencement of production.
(c) In the cases where fresh security deposit has already been
got deposited from the transferee, the same will not be
refunded.
(Inserted in pursuance of decision of the IDC as taken vide
item (8) of its meeting held on 04.02.2014)
(iv) In the cases where plots/land has been/allotted to the khatedars,
concerned in lieu of the cash compensation, transfer fee for transfer
of vacant plots also will be the same as mentioned at S.No. (i) and
(ii), above in this sub rule.
(v) In cases where in transfer of a vacant plot is being made by a
defaulter allottee then the chargeable transfer fee in such cases will
be 1.25 times the transfer fee as applicable for the regular cases
and as mentioned at S.No. (iii) above.
(vi) In case of subsequent transfer of an industrial plot without fulfilling
stipulations imposed on the first transferee regarding re-starting the
production in the closed unit, transfer fee will be levied at par with
the fee applicable to the cases of first transfer i.e. 2% of the
prevailing rate of allotment.
(Inserted as per item (6) of IDC meeting dt. 17.12.2015)
Note:
Transfer Charges shall be deposited along with the application to be
calculated on the basis of prevailing allotment rate and prevailing rules of
RIICO. This amount will be deposited as an advance till final disposal of
application. In case of rejection of such application, the amount so
84
deposited, will be refunded without interest to the concerned applicant. No
legal right would be created in favour of applicant merely on deposition of
such amount.
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/LLP wants to
carry out the business in changed name and/or style i.e.
converting into proprietorship firm/ partnership firm/ Company
including OPC/LLP as the case may be in accordance with
relevant provision of respective Acts of such entities, 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. Further, if any private limited company converts into
Limited Liability partnership in accordance with provision of
LLP Act, 2008 subject to the condition that the all shareholders
of the company converting into LLP shall be the partners of the
LLP and no one else.
(vii) If the transfer of the allotted plot from one company to another
company is being affected on account of the situation that the two
companies ( allottee/lessee company and transferee company) are
getting amalgamated under the relevant law and in both these
companies there are common directors having minimum 75%
90
share holding in each of the amalgamating companies.
OR
If common shareholders having 51% or more shareholding in parent
company and also having more than 75% shareholding in the
company(s) which is being amalgamated with parent company, in that
situation of transfer of plot(s), transfer fee will not be levied.
( Inserted as per approval of the IDC vide item 28 of its meeting
held on 30.7.2010.)(Amended vide item (8) of IDC meeting
16.6.16)
18(d) Explanations and Notes:
(i) Existing partners / promoters means partners / promoters existing at
the time of plot allotment.
(ii) Blood relations means husband, wife, sons, daughters, brothers,
sisters, father, mother, grand father & grand son of the allottee.
(iii) 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.
(iv) Transfer of plot / land under these rules will be permitted for the
same purpose for which the plot / land had been allotted.
(v) Computation of transfer premium would be done as per the rate
prevailing on the date of payment made by the allottee.
(vi) 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.
(vii) 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
91
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.
(viii) 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.
(ix) 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.
(x) The Sr. DGM / Sr. RM / RM are fully authorized to permit change in
constitution and transfer of land under Rule 18.
(xi) 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.
(xii) 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.
(xiii) Khatedar allottee shall be permitted to transfer the vacant plot.
(xiv) The transferee who has purchased the land/plot from the khatedar
allottee shall not be permitted to transfer the vacant land.
(Inserted/amended as per decision taken by the IDC on 16.3.2001,
20.05.2004 &21.10.2005 and vide item12 of its meeting held on
27.10.2008. Firther amended vide item 5 of the meeting held on
30.7.2010 )
18(e) Transfer of Industrial Plot forTelecom Services:
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
92
the transfer.
93
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 cost of land for the excess area will be
levied at the prevailing rate of allotment in the area. However, in
case of deficit, in the area of offered plot, cost of land 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 allotment 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 cost of land, however, in case the
rate of allotment is less, then the Corporation would refund the
amount at the original rate of allotment alongwith interest as per the
policy. ( Inserted as per decision taken by IDC on 27.12.2004)
94
As per authorization by the IDC, the Managing Director of the
Corporation can approve the exchange of allotted plot with an alternative
plot in saturated industrial areas where handing over possession of the
allotted plot was not possible, free from encumbrances, due to dispute by
Khatedar/plot planned on the land of left out khasra etc.
(Amended as per item 21 of the meeting held on 4.1.2013)
96
18( h-i) Where an entrepreneur is desirous of getting a plot / plots allotted in any of
the Industrial Area of RIICO in lieu of his/her allotted plot / plots in a
industrial area, the entire amount deposited by the entrepreneur on account
of Security Money and cost of land shall be transferred by the concerned
Unit Office after deducting the due amount of service charges, economic
rent from the allotment date to the date of such transfer, and interest on
unpaid development charges, service charges and economic rent, to the
other concerned Unit Office, where the plot allotment 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.
18(h-ii) If the decision on the allotment could not be taken within 30 days of the
application and the amount remained deposited with the corporation, then
application money will be refunded with interest @ 6% p.a. , which being
the rate of interest being allowed by the Income Tax Department in cases of
refunds. (Inserted w.r.t item 7 of the IDC's meeting dt. 5.9.2011)
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. However, 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 yojana. (Inserted as per IDC decision
taken vide item 13 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 will neither demand from new allottee the cost of
structures built up and left by old allottee due to surrender / cancellation of
allotted plot nor will 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 IDC decision
taken vide item 15 on 13.11.2000)
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 desires
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
97
surrender deed at his cost in favour of the Corporation.
19. HOUSING IN INDUSTRIALPLOTS
Housing in the industrial plots will be allowed subject to the building
regulations as per the following norms :
98
(i) In plots of 5 acres and above, five percent plot area shall be allowed
for housing purpose. The construction of houses would be allowed
within the permissible built up area only.
(ii) In industrial plots of all types, residential construction to the extent
of 2000 sq.ft. on the first floor of the factory building shall be
allowed.
Note: However, the plot allottees will take due care to ensure that there is no
danger of any kind on the health or lives of inhabitants of the residential
accommodation from within or adjoining industries and the Corporation
shall not be responsible for any mis-happening in this regard. Also the
Corporation shall not provide any additional facilities to the residents.
(Inserted as per IDC decision taken vide item 18 on 8.8.2000 item 18 on
8.8.2000)
20-A. The Managing Director shall have full powers with regard to the following :
1. Approval of layout plan of the industrial areas and changes / modification /
revision / subsequent changes therein and all related matters.
2. Changes in status of any of the land at any industrial area e.g. conversion
from industrial land to open land, service land, commercial land,
residential land, conversion from open land to industrial land, commercial
land, residential land, services land, conversion from service land to
industrial, open, commercial, residential and for other purposes etc., and
vice-versa. (Inserted as per IDC decision taken vide item 8 on 30.12.1996)
20-B. Sr. DGM / SRMs / RMs are authorized for :
(i) sub-division of plots.
(ii) reconstitution of plots.
(iii) relaxation in set backs upto 10,000 sqm. plot area, maintaining front
set back as per the scheme and as per guidelines issued vide the
office order no. 11/2011 dated 12.3.2011
99
(iv) re-planning of block as per site requirement.
(v) change in land use of any vacant plot from lower to higher category
( for example, from industrial to residential or commercial use ),
However, the allotment of so converted plot shall be made through
open auction only.
(vi) making changes in layout plan of industrial area including change
of land use of vacant plots with the condition that, layout of main
road is not changed and economics of area due to changes is not
affected adversely. All changes at unit level shall be incorporated at
Head Office level.
Note: However, relaxation in set-backs for the plots more than 10000 sqm
will be considered as per following authorization:
Committee comprising of
10000 sqm to
20000 sqm concerned unit head, DTP/
Manager(Planning), Sr.RM (P&D)
and headed by Adv.(Infra).
(Inserted as per IDC decision taken vide item 5 on 9.7.1998 & item
21 & 29 on 13.11.2000. Insertions further made as per item 14 of
meeting dt. 16.12.2010 and item 11 of the meeting dt. 18.2.2011 )
10
0
20-C. Change in land use of allotted land:
100
2. Industrial A. Institutional 0.75 time of the
i. Hospital prevailing rate of
ii. Nursing Homes allotment of industrial
area concerned
101
6. Institutional Industrial 0.10 times the prevailing
rate of allotment of
industrial area
concerned.
102
A) Following riders/conditions will be observed while considering the change in
land use:
(i) No change in land use of allotted plots will be permitted for residential
purpose.
(ii) No change in land use of vacant industrial plot would be allowed. In other
words, the allottees of industrial plot who have not set up an industry will
not be permitted change in land use for non-industrial purposes. However,
change in land use of part vacant sub-divided plot would be allowed
subject to condition that the leasehold rights of the sub-divided plot are
held by the allottee of integrated plot.
(iii) No change in land use of allotted institutional plots will be allowed in the
dedicated Institutional Areas for any other purpose.
(iv) No change in land use of plots allotted under the provisions of Rule 3(E)
and 3(W) of RIICO Disposal of Land Rules, 1979 will be permitted.
(v) Change in land use of plot allotted for non-industrial use will be allowed
for vacant plot subject to payment of 15% of the prevailing rate of
allotment as additional charges.
(vi) Change of land use of the allotted plots for commercial/institutional
purposes as permitted under this rule will be considered only for the plots
located on the roads having right of way of 18.00 mts and above (total road
width). However, in the land use conversion cases wherein the criterion of
minimum road width of 24 mtr or above is specified in the building
regulations/parameters then the same will be observed while considering
the cases of the land use conversions.
(vii) Land use for non-industrial purpose may be restricted up to 15% of the
total scheme area of the industrial area concerned. However, warehousing
and logistics/ commercial warehousing use of plot will not be included
in the said 15% ceiling of non-industrial use in an industrial area.
(partially amended as per IDC decision vide item (4) of meeting dt.
13.02.2016)
(viii) Marriage Hall/Garden and an independent Banquet Hall will not be
permitted while considering change in the land use for commercial
purposes even if the same are proposed as allied activity of a hotel
(attached to the hotel).
(ix) Allottee of plots in an industrial area (excluding EPIP, SEZ, IT park,
Agrofood Park and IID Centre) desirous of change of land use will clear all
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the outstanding dues of the Corporation and will have to submit the
application in prescribed format along with prescribed processing fee, site
plan showing the measurement of plot/part plot proposed for change of
land use along with project report. The project report shall contain details
of proposed use, cost of project, implementation time schedule, plans etc.
However, in case, plot is located in industrial areas which have been
notified under Industrial Park Scheme, 2002 for availing income tax
exemption under section 80 IAof Income Tax Act 1961, then same shall be
considered within the permissible limits. (amended as per item 5 of the
meeting 07.10.14 )
(x) Allottee of the plot shall submit original Lease deed/sale deed with the
application for change of land use. In case plots are mortgaged with
financial institutions then allottee shall have to submit 'No objection
certificate' from the financial institutions for proposed change of land use.
(xi) The change of land use of part area of allotted plot shall be considered
subject to withstanding with provisions of Rule 17-(B) (ii) and 17(E)
related to sub-division of plot and any changes made there-upon. However,
for change in land use for Petrol pump/filling station and weigh bridges in
part area of plot will be considered notwithstanding with the requirement
of rule 17-B (ii) which inter-alia provides that the smallest sub divided plot
should be of size equal to minimum 20% area of original plot.
(xii) The allottee shall follow all prescribed building parameters of Building
Regulations. Building line shall be maintained looking to the other plots in
particular row.
(xiii) Weigh bridges in allotted industrial plot for captive use will be considered
without change of land use. Construction of Weigh-bridge platform may
be allowed within setback area. However, weigh bridges for captive use
will be permitted only in industrial plot having area more than 1500 sq.mts.
without charges by the committee constituted for change of land use.
(xiv) Change of land use from allotted residential plot to industrial purpose will
be considered on merit subject to fulfillment of following conditions:
a) The plot in question is situated in isolation of the residential block
of industrial area.
b) Social facilities (Viz. Park, hospital, school etc.) for residential uses
are not planned in the vicinity.
c) The changed use plot for industrial use shall strictly be permitted
only for establishment of non-polluting industry.
(xv) Change of land use for LPG Cylinder Godowns shall be subject to
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approval/license from Petroleum Safety Organization.
(xvi) Statutory and requisite approval such as, Food/Bar License, Fire NOC,
Airport Authority, Forest Deptt. Clearance, Environmental clearance etc.
from thecompetentauthorityshallbeobtainedbytheapplicantathisownlevel.
(xvii) Time period for utilizing the converted plot will be as under:
a) If change of land use is of vacant plot - Same as allowed/ available
for the allotted plot.
b) If change of land use is after utilization of plot - 3 years from the
date of issue of final permission.
(xviii) The change of land use will be approved by a Committee headed by
Executive Director and with Advisor (Infra), concerned Unit head and
STP/DTPas members.
(xix) Regularization of unauthorized use of an industrial plot and its change of
land use will be considered as under;
a) Allottee shall apply to the concerned unit office for regularizing the
existing activity on industrial plot along with existing layout and
building map.
b) After receiving the application, the case will be forwarded to the
Head Office Committee as constituted for deciding cases of change
in land uses. In case existing building/structure is not found as per
the applicable bye laws, the applicant would be advised to make
suitable changes.
c) If the case is found suitable, the applicants will be required to pay
the additional conversion charges equivalent to 25% of the
prevailing rate of allotment of the industrial area concerned, or
applicable conversion charges whichever is lower, as regularization
charges besides the normal conversion charges applicable as per
rules.
d) Building norms/regulations etc. relevant for changed use will be
made applicable to such cases of regularization also and will be
observed while regularizing the unauthorized use of the industrial
plot for the changed purpose.
e) Plot cancelled due to unauthorized use, shall be restored on the
recommendation of change of land use committee.
(xx) In case of change in land use of allotted plot, an option may be given to the
allottee to use the existing construction for other use, subject to fulfilling
105
requirements of ground coverage, FAR, parking, fire fighting etc., as
applicable for changed land use. Guidelines mentioned in point 3.2.19 will
be followed.
(xxi) If earlier permission was given on industrial plot for Petrol Pump/Weigh
Bridge/ Hotel and for commercial warehouse without change in land use
then in such cases the use of plot will be treated as industrial for the purpose
of further change in land use of the plot.
(xxii) For change in land use of part plot, sub-division charges as applicable
under the policy/rules for sub-division of plots will be charged in addition
to applicable conversion charges.
(xxiii) Cases in which permission for change in land use has been granted and
part/full conversion charges have been deposited, then request of the
allottee for subsequent change in land use of the plot for original use before
commencing any activity will be considered on payment of conversion
charges equivalent to 0.10 times of the prevailing rate of allotment of the
industrial area concerned. The amount of conversion charges already
deposited will be refunded after deducting the said amount of conversion
charges.
(xxiv) In case of transfer of plot after change of land use, the transfer charges will
be leviable as under;
a) If plot is utilized before change in land use - At the rate prescribed
in the rule for transfer of plot after utilization.
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b) Remaining 75% conversion charges will be deposited in 7
quarterly installments with 12% interest per annum. The interest
will be charged from 121st day of allotment. The first installment
shall become due on fixed date falling after 120 days from the
allotment date i.e. 31st March, 30th June, 30th Sept. and 31st Dec.
of the year. The installment shall be paid alongwith interest to be
calculated on remaining amount of conversion charges on due
date. In case of default, interest @ 14% will be levied on due
principal amount of installment from the due date of the
installment till the date of payment.
g) In old cases wherein permission for change in land use has already
been given as on date and 75% conversion charges have not been
deposited within stipulated/extended period, as the case may be,
then in such cases, the allottee will also be allowed to avail the
installment facility as per the payment schedule prescribed above
for deposition of balance 75% amount of conversion charges.
However, in such cases issue of final permission for change in
land use, approval of building plans and sub leasing of built up
space will be allowed only after deposition of 50% conversion
charges.
107
h) Registration of sub-leasing of built up area will be permissible
only after making full payment of conversion charges by the
allottee.
(Amended as per IDC decision taken vide item (7) of meeting dt. 16.6.16)
(xxvi) The allottee of the plot will be required to execute supplementary deed /
correction deed after permission for change in land use.
C) Modern Warehousing:
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of dt 13.5.14 and item 16 dt 07.10.2014 and item 15 dt 20.12.2014)
(ii) In case land is allotted prior to development of the area, then above
period of three years would be reckoned from the date of declaring
the area as developed. However this relaxation shall not be
applicableto land allotments under the rule 3(W).
110
3. Minimum requisite construction for the purpose of considering utilization
of the allotted plot shall be as under:
111
S. No. Use of Plot Minimum built Up Area*
* Built up area would mean a building with roof and having side
walls/covering as required for the nature of product/activity.
(Inserted as per the decision taken by IDC vide item 4 on 30.4.2007and
item 14 of the meeting held on19.6. 2009 and item 21 0f 10.2.2010 and 11 of
the meeting held on 15.4.2010. Ameneded vide 5 of the metting held on 30
7.10. Inserted as per item 2 of IDC meeting held on 2.11.2010. Further
inserted as per item12 of IDC meeting dt. 18.2.2011. inserted as per item 16
of the meeting 29.5.2012. Inserted/amendedvide item 5 of the meeting
06.8.14 ) (Amended as per item 16 of the meeting dated
30.6.2015)(amended as per item (4) of the meeting dt. 16.6.16)
4. The allottee shall intimate by registered letter to the Corporation about the
activities after utilization of the plot as per above. Utilization of the plot
will be recorded by the unit head based on one of the following documents,
if requisite minimum construction, has been completed as stipulated
above in this rule:
(i) in case of units which are liable to deposit Sales Tax, CST or VAT -
the date on which the unit makes the first payment of Sales Tax,
CST or VAT will be taken as date of commencement of production.
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(ii) in case of units not paying Sales Tax, CST or VAT - the date any
other tax paid for the first time to the State Government will taken as
date of commencement of production.
(iii) for those sectors which do not pay any taxes to the State
Government in respect of investment to which subsidy/exemption
is linked - the date of bill of commercial transaction (receipt of
deposit of fee/charges etc.) will be taken as date of production.
Note: However, in those cases where preferential allotment has been made under
Rule 3(W), 'commencement of production' will be recorded as above,
only after verifying that investment of the envisaged amount as per the
project submitted by the allottee at the time of approval of allotment by the
constituted Committee has been made ,
5. As a relaxation in the provision at S.No. (3) of the rule 21, the Managing
Director will be the competent authority to consider an industry to be in
production even if the minimum area construction requirement has not
been met at site, in view of totality of circumstances of the project.
However, the above relaxation/dispensation will be subject to the
conditions and stipulations:
(i) Commercial production has been started by the such allottee with
minimum 10% constructed area
(ii) The allottee shall complete requisite minimum built up area
subsequently in phases as per the requirements of the rules.
(iii) No sale/ transfer of lease hold rights will be permitted till the unit
completes the minimum construction as per Rule-21 of RIICO
Disposal of Rules, 1979.
(iv) If the minimum construction parameter of the rule is met within
next two years of the commencement of production in first phase,
no retention charges shall be levied. However in case of failure, to
complete the construction as above , the said deferment regarding
recovery of retention charges shall be treated as withdrawn and the
matter will be dealt as if unit has violated the provisions of Rule-21
of RIICO Disposal of Land Rules, 1979.
(Inserted as per approval of IDC w.r.t item 16 of its meeting held
on18.2.11)
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Note : In cases of plot/land allotments made during 13.11.2000 to 31.3.2001,
24.11.2001 to 31.3.2002 and 24.2.2003 to 31.3.2003 wherein land
allotment was made without any specific condition on the allottee for
completing construction and commencing production activity on the
allotted land/plot within the stipulated period would now be required to
complete construction and commencing production activity within a
period of 3 years in non NCR Region and within 2 years in NCR Region
from 1.6.2012. (Inserted as per item 5&18 of the meeting held on
29.5.2012)
Note : In cases where lease-deed of plot has been executed or possession of plot is
taken over / deemed, prior to declaration of area as developed then, the
period for commencement of construction activities, completion of
construction activities and commencement of production activities will be
considered from the date of declaration of area as "Developed".
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(ii) Plot allotments of all other type shall be made by Sr. DGM/Sr. RM/RM as
per the Corporation policy decided from time to time. (Substituted as per
IDC decisions taken vide item 12 on 13.11.2000 and item 21 & 29 on
13.11.2000)
23-B. Time extension for payment of other dues and removal of breach of
terms and conditions of lease deed / allotment letter:
In case of default in payment of other dues (economic rent, service charges
etc.) or breach of terms and conditions of lease deed / allotment letter, unit
heads shall have full powers to grant time extension for payment of dues
with interest / regularization charges or on removal of breach. (Substituted
as per IDC decision taken vide item 8 on 27.12.2002. Amended as per item
no. 3 of IDC meeting held on 2.11.2010)
115
23-C.Time extension for delay in commencement of production activity or activity
for which the plot is allotted:
1. Time extension for completion of construction and for commencement of
the activity (industrial/ residential/ commercial/institutional) for which
plot is allotted (except for land allotment made under Rule - 3(W) for
which there are seperate provisions and delegations as contained in the said
rule) will be allowed beyond stipulated period on the request of the allottee
on payment of retention charges as per following provisions.
In land allotment cases wherein 5 years or more period for completion of
construction and commencement of the activity has already expired (as on
31.07.2014) and the plot has not been utilized by the allottee, then time
extension/regularization of delay will be considered in such cases on payment
of retention charges as per the rate given below;
Rate of RC per
SN. Time extension quarter or part there of Competency
1. Regularization of old 1% MD
delay and time extension
maximum upto one year
from the date of application.
2. Further extension of two years 1.5% MD
3. Further extension of two years 2% MD
4. Further time extension as As may be
per merit of the case decided by the IDC IDC
116
General Note & Explanation:
(i) 5 years time period for completion of construction and
commencement of the activity would mean sum of scheduled time
period + extended time period + time period to be regularized.
(ii) The intermediate milestones regarding commencement of
construction and completion of construction would not be observed
at the time of granting time extension for commencement of
activity.
(iii) If the allottee seeks time extension for more than one year at a time
than retention charges will be calculated in stages as per the rates
given as above.
(iv) Maximum two years extension will be granted at a time irrespective
of regularization of period of old delay.
(v) The rate of allotment for computing retention charges will be one
time for industrial and institutional plots, 1.5 times for residential
plots and two times for commercial plots.
(vi) In case rate of allotment of housing colony is fixed then the rate of
allotment for computing retention charges will be 1.5 times of the
prevailing rate of the allotment of the industrial area or the rate of
allotment of the housing colony, whichever is higher.
(vii) The applicable retention charges will be leviable 50% of the total
amount of retention charges for the industrial areas located in tribal
and backward districts.
(viii) If the allotted plot is transferred prior to utilization of plot then
transferee shall be required to commence the activity on the plot as
per scheduled period allowed to transferor and extension beyond
the original scheduled period will be granted on payment of
retention charges at the rates prescribed as above.
(ix) If purchaser/seller is not reporting purchase/sale of the plot to
RIICO and subsequently allotment of plot is cancelled after serving
show cause notice to the seller (lessee) then retention charges for
the period of delay/time extension involved will be leviable at
double the normal rate of retention charges in addition to
restoration charges as per rules (as approved by IDC in its
meeting held on 04.02.2014).
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(x) Computation of retention charges will be done as per the rate
prevailing on the date of payment made by the allottee. However,
pre-revised rate of allotment will be applicable in the cases of
revision in rate of allotment of industrial area, as decided by IDC in
its meeting held on 26.02.2014 (Office Order No. 13/2014 dt.
04.03.2014).
(xi) a. In cases of allotment of plots made w.e.f. 01.04.2016 in undeveloped
industrial areas which are not proposed to be developed in future also,
time extension for completion of construction and commencement of
activities will be granted on payment of retention charges in favour of
these plot allottees in such industrial areas .
b. In cases of allotment of plots made prior to 01.04.2016 in industrial
areas which are not proposed to be developed in future, general time
extension upto 31.3.2017, including regularization of old delay period,
if any, will be allowed without retention charges for completion of
construction and commencement of activities. However, in such cases,
further time extension from 01.04.2017 will be considered on payment
of retention charges.
119
(ii) Delay in obtaining Environment Clearance by the Corporation for
the industrial area concerned or delay in obtaining Environment
Clearance by the allottee subject to condition that the allottee
having fulfilled all requirements for obtaining Environment
Clearance.
(iii) Construction could not be commenced due to court stay/pending
litigation.
(iv) The plot is affected substantially due to passing of high tension
power line.
B. Hotel activity, in cases, wherein permission was accorded without change
of land use, will be considered as commercial activity w.e.f. 04.03.2014
for the purpose of levy of various charges such as service charges, retention
charges, etc. However, the nature of the allotted plot will remain industrial
in such cases. Time extension in such cases wherein permission was given
for setting up Hotel on allotted industrial plot will be consdered as under :
(i) Further, time extension for utilizing the plot for hotel activity in
such cases will be considered as per the prevailing provisions of
granting time extension under Rule 23-C of RIICO Disposal of
Land Rules, 1979. However, for computing the retention charges,
rate of allotment of industrial area concerned will be considered as
under:
a) Up-to 03.03.2014 - at the prevailing industrial rate of allotment of
concerned industrial area on the date of granting time extension.
b) From 04.03.2014 - at 2 times of the prevailing industrial rate of
allotment of concerned industrial area on the date of granting time
extension.
Note: While calculating retention charges up-to 03-03-2014, if last quarter is
commenced before 04.03.2014, then retention charges will be calculated
for whole quarter.
(ii) The cases wherein permission to set up hotel was given on vacant
plot i.e. prior to commencement of production activity, the schedule
time period for setting up hotel will be same as allowed in the
allotment letter and further time extension will be granted on
payment of retention charges as per rule 3 B (ii) above.
(iii) In cases wherein time period for setting up hotel was not mentioned
120
in the permission issued by the Unit Office for setting up hotel on
the allotted industrial plot, in such cases 2 years time period from
the date of approval of building plans will be given. The Unit Head
will issue registered letter to such allottees to get the building plan
approved within 45 days from the date of issue of letter. In case, the
allottee fails to get building plan approved within 45 days then the
permission shall be withdrawn by the Unit Office without issuing
any further notice.
(iv) All other cases which are not covered in above provisions of rule
3(B)(i to iii ) shall be dealt de-novo. ( Inserted as per item (3) of IDC
meeting held on 04.08.2015)
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24 (2) Review/ Appeal
(a) - Review
1. Any person who is aggrieved with the cancellation order issued by
the authority concerned is eligible to file review application before
the Reviewing Authority.
2. Review application shall lie subject to condition that party has not
filed any appeal under RIICO Disposal of Land Rules, 1979, if :
i. Any error apparently on face of record;
ii. Any error of interpretation of rule/law;
3. Such review application shall be filed within 45 days from the date
of passing of order subject to condition that order sent by registered
A/D or Speed Post and also through e-mail, if available with record.
4. The Reviewing Authority would be the authority who passes any
order under the provisions of RIICO Disposal of Land Rules, 1979.
5. No application fee would be payable to file review application.
(b) - Appeal
(1) If any person is aggrieved by any order passed by any competent
authority of the Corporation pertaining to cancellation order under
the RIICO Disposal of Land Rules 1979, he may file an appeal
before the Appellate Authority.
126
I. The prevailing rate of allotment for industrial and educational institute
plots will be at par with the prevailing rate of allotment of industrial area
concerned.
II. The prevailing rate of allotment for residential plot will be two times of the
prevailing rate of allotment of industrial area concerned or rate of
allotment of the housing colony, whichever is higher.
III. The prevailing rate of commercial plot will be four times of the prevailing
rate of allotment of industrial area concerned.
IV. The plots allotted through auction will also be considered for restoration as
per the above policy.
V. The Lessee/applicant shall be under obligation to pay other charges, if
applicable such as outstanding dues along with interest, retention charges,
annual charges and interest thereon etc., in addition to payment of
restoration charges.
VI. After receipt of restoration charges, interest, retention charges, dues etc.
and removal of breach of terms and conditions, cancellation letter shall be
withdrawn and allotment of plot shall be restored to the plot holder on the
terms and conditions mentioned in allotment letter/ lease deed or further
prescribed by the Corporation.
VII. Restoration Charges shall be deposited along with the application to be
calculated on the basis of prevailing allotment rate and prevailing rules of
RIICO. This amount will be deposited as an advance till final disposal of
application. In case of rejection of such application, the amount so
deposited, will be refunded without interest to the concerned applicant. No
legal right would be created in favour of applicant merely on deposition of
such amount.
26. STAMPDUTY
The stamp duty, registration charges and all legal expenses involved in the
execution of lease agreement etc. shall be borne by the lessee.
128
of water / air. (Substituted as per IDC decision taken vide item 26 on
4.9.1995 and item 12 on 15.11.1996)
MANAGING DIRECTOR
RAJASTHAN STATE INDUSTRIAL DEVELOPMENT &
INVESTMENT CORPORATION LIMITED
129
FORM– “A” No. ................
1. Name of Applicant
2. Full address
3. PAN No.
4. Telephone (O) (R) (M)
5. E-mail address
6. Status of applicant Proprietorship firm Partnership firm
(Please tick the relevant) Private Ltd. Company Public Ltd. Company
Co-operative society Other
(a) Name of proprietor (for Name:
proprietorship firm) Father’s Name:
Address:
(b) Details of partners/ promoters S. No. Name of Partners / Promoters
(for partnership firm/ Private 1.
Ltd. Company) 2.
3.
4.
130
7. Project details
Nature of project Export oriented / Import substitute / Other
Product proposed to be manufactured
Proposed installed capacity
8. Proposed investment INR
9. Whether eligible under any of the Schedule Caste Tribe
category for any concession(s) against War widow Ex-serviceman
cost of land Physically handicapped Women entrepreneur
(please tick mark relevant category) Electronic Industries Solar Energy Industry
10. Details and justification of land
required for the project:
(1) Production shed
(2) Godowns
(3) Office
(4) Residence
(5) Others– Please specify
11. Requirement of Power MWh
12. Requirement of Water
(Please indicate water recharging/ water recycling )
Applicant(s)
Name and Designation Signature
1.
2.
3.
4.
Place: Date:
131
FORM– “A-1”
2. Father’s Name
8. Educational Qualifications:
(a) Academic Qualifications.
(b) Professional/ technical
qualifications
132
FORM– “A2”
CHECK LIST
(Office copy)
Please ensure whether the following documents have been enclosed with the application form (in duplicate):
Yes No
1. Bank Draft for ˆ towards application money.
2. Bank Draft ˆ towards processing fee
3. Copy of detailed project report
4. Copy of Partnership Deed/ Memorandum and Articles
of Association and Certificate of Incorporation
5. Other relevant documents:
(a)
(b)
(Applicants copy)
Please ensure whether the following documents have been enclosed with the application form (in duplicate):
Yes No
1. Bank Draft for ˆ towards application money.
2. Bank Draft ˆ towards processing fee
3. Copy of detailed project report
4. Copy of Partnership Deed/ Memorandum and Articles
of Association and Certificate of Incorporation
5. Other relevant documents:
(a)
(b)
Date: .................................................
133
FORM– “A-3”
134
FORM– “A-4”
GUIDELINES FOR DECIDING OF REASONABLE QUANTUM OF LAND FOR
LAND ALLOTMENT ON ' FIRST COME FIRST SERVED BASIS' BY UNIT OFFICES
(IN PERSUANCE OF IDC DECISION ON AGENDA ITEM NO.8 TAKEN IN ITS
MEETING HELD ON 25.4.2005)
— Regional Unit Heads would provide consultancy & assistance to interested
entrepreneurs about the rules and procedures of land allotment.
— Regional Unit Heads will take utmost care for ensuring judicious use of land
resource as the availability of the same in fast moving areas is less and at the same
time through proper counseling, the entrepreneurs should be satisfied about the
availability of land and its appropriate use and what is the reasonable quantum of
land that they should consider getting allotted.
— Regional Unit Heads should follow prescribed guidelines for allotment of land in
their industrial areas.
— Once the application is received in prescribed format, the unit head or his nominee
will assess the requirement of land to the optimum level including expansion needs.
— In those cases where Regional Unit Head feels that land applied for is much more
than reasonably appears to be required for the project, its future expansion and for
reasonable and permitted in-house services within the proposed industrial unit,
Regional Unit Heads would discuss size of land applied for with the applicant. In
case Regional Unit Head is satisfied that quantum of land applied for is reasonable
then he would make allotments as per existing delegations and procedures.
— As a rough indicative criteria around 1/3rd of plot area will be part of setbacks.
About 1/3rd area can be kept for future expansion and rest 1/3rd can be presumed to
cater to present requirements. Thus, if applicant has mentioned "X" square meter as
proposed built up area and the same is found to be reasonable, he may be provided
plot in the band approximately 3 - 3.5 "X". However, certain categories of industries
need to be dealt within a more liberalized way wherein built up area is a smaller
percentage of total plot area. Such industries for example marble gang-saw, steel
rolling/fabrication, handicrafts, cement products (Hume pipes, PCC poles, tiles etc),
mineral grinding etc may be allowed approximately 5"X" land if brief project
profiles spells out "X" square meter built up area. Of course the proposed size of
built up area or "X" would need to be in keeping with the type & capacity of the
industry that the entrepreneur proposed to set up.
— Normally applications for land up to 2000 sqm. would be decided at Regional Unit
level on the issue of reasonable quantum of land and for such applications for less
than 2000 sqm. only in extreme cases should the applicants be referred to Advisor
(Infra) for taking a view about quantum of land i.e. reasonable.
135
— Normally all applications for land allotment would be decided as regards to
reasonableness of quantum of land at the regional unit head level.
— If regional unit office feels that land applied is more than the actual reasonable
requirement (including land for future expansion etc.) then he may forward the cases
to a committee as under:
(a) For a plot size of 2000-10000 sqm.:
(i) Advisor (Infra).
(ii) GM (BP)
(iii) Regional Unit Head.
(b) For a plot size of more than 10000 sqm.:
(i) ED
(ii) Advisor (Infra).
(iii) GM (BP)
(iv) One AGM(Technical) at HO and
(v) Regional Unit Head.
— The respective committees would examine and see that the applicant is not applying
for unreasonably excessive land for speculative gain due to anticipated future rise in
land price/development charges and would suggest the maximum quantum of land,
which should be offered for allotment to the applicant.
The Regional Unit Head would then accordingly allot the plot as per existing
prescribed procedures/norms.
136
FORM - A-Pref.
Industrial Area
1. I/We am/are eligible for the preferential land allotment under the eligibility criteria at S.No ----
out of the criteria listed above. Accordingly I /We hereby offer to take on lease a plot for
industrial purpose measuring approximately sqm. on the terms and conditions of the
Rule 3 (W) of RIICO Disposal of Land Rules, 1979 and also agree to abide by the said rules and
137
amendments made therein from time to time and agree to pay all taxes, charges etc. as may be
fixed and revised from time to time.
2. I/We hereby enclose a DD / Bankers cheque no. dated drawn on
_______________________________ for ˆ _________________________________
(Rupees ______________________________________________________________)
towards keenness money of 10% amount of cost of the land calculated at prevailing rate of
allotment of industrial area i.e. ˆ per sqm. with understanding that, no interest will be
payable to me / us on this amount.
3. I/We hereby undertake and understand that I/We will be required to pay the cost of land for the
land/plot applied for allotment, as per the rate to be finalized and demanded by RIICO.
4. I/We agree that the lease period shall commence from the date of plot allotment and obligations
and liabilities under lease agreement (Form 'C/D') shall be deemed to have commenced from the
allotment date
2. Full Address
3. Telephone No.
138
7. Land Requirement and
Utilization :
a ) For main production shed
b ) For Godown / Office etc.
c ) Any other details
9. Requirement of Power ( in HP )
and Water ( in Liters / per day )
10. Are there any effluents? If yes, details regarding quantity and quality of
effluent along with NOC from State Pollution
Control Board are to be given.
11. Copies of documents enclosed a. Partnership-deed / Memorandum and
Articles of Association (if available)
b. Project outline/ Project Profile
c. Copy of acknowledgment of
Entrepreneurial Memorandum – Part-I
(For MSME)
d. Certificate required for concession
e. NOC from Pollution Control Board, if
available and details of effluents.
Place: 1.
Date : 2.
3.
4.
139
FORM - A-III
I. BROAD OUTLINES OFTHE PROJECT.
Particulars of Project/Company
a) Date of incorporation
b) Location
Regd. Office/Controlling Office
Factory
Industry
Product
c) Installed Capacity
Capital Structure
a) Authorised Capital
b) Paid up capital (Proposed)
Management
a) Board of Directors
b) Managing Director
(Proposed)
Brief Particulars of the Project/Company
a) Plant & Machinery
b) Raw Materials
Utilities
a) Power
b) Water
Effluent
Employment
Expected date of commercial production
Government Cosents.
II. PROPOSALIN BRIEF- Brief write up on project.
III. PROMOTERS DETAILS
Name, Education, Age etc.
Experience
Relevance of background for project
Tax Status
Inter-Relationship
Associate Concerns.
Organization & Management of proposed project
Shareholding Pattern
Details of Bankers
140
IV. THE PROJECT DETAILS
4.1. Project- Define product with specification
Technology- Level of technology and source
Manufacturing Process
Location and Site
Raw Material
Plant and Machinery with details of layout
Details of building layout with justification of area.
Utilities
- Power (KWH-connected load)
- Water
- Manpower
- Effluent treatment-details of the effluent generated and treatment thereof.
Implementation Schedule indicating starting and completion months
V. COST OFTHE PROJECT.
Contingencies
Misc.-Specify
TOTAL
141
FORM „B‟
142
RIICO FORM „C‟
LEASE - AGREEMENT
(SEE RULE 11 OF RIICO DISPOSAL OF LAND RULES, 1979)
Industrial Area .. ...
Plot No....
THIS LEASE AGREEMENT made on the ... day of ... in the year two thousand ...... between Rajasthan
State Industrial Development & Investment Corporation Limited, Jaipur, incorporated under the Indian
Companies Act., having its Registered Office at Udyog Bhawan, Tilak Marg, Jaipur-302005
(hereinafter called the Lessor which expression shall, unless the context does not so admit , includes its
successors and assigns ) of the ONE PARTAND
OR
M/s............................................................................................…………...............................................
A company registered under the Indian Companies Act and having its registered office at
................................................................................................................…….......................…………
OR
M/s .......................................................................................................................….......................….....
A society registered under the Co-operative Societies Act and having its registered office at
…………………………………………………………………………………........................………
143
(Hereinafter called the Lessee which expression shall, unless the context does not so admit,
include his heirs, successors, executors, administrators, Legal representatives and permitted
assigns) OF THE OTHER PART.
WHEREAS the State of Rajasthan handed over the land to the Lessor for the purpose of setting
up of Industrial Area and the said Lessor (Corporation) planned the land into plots for leasing out
to industrialists for erection / setting up / establishing industrial units.
AND WHEREAS the Lessor has agreed to demise and the Lessee agreed to take on lease, the
piece of land known as plot No. -------- on the terms and conditions hereinafter appearing for the
purpose of setting up an industrial unit for manufacturing ----------------------------- and / or any
other industrial product that may be allowed to be manufactured by the Lessor in writing
according to the factory bye-laws designs and building plans approved by the proper municipal
or other competent authorities.
And whereas the lessor had handed over or shall be handing over possession of the demised land
to lessee on ------------------------- or in due course of time.
AND THE LESSEE DOTH HEREBY COVENANT WITH THE LESSOR IN THE
MANNER FOLLOWING:
2 (a). That the Lessee will bear, pay and discharge all rents, taxes, charges and
assessment of every description which may, during the said term, be
assessed, charged or imposed upon either the lessee or its tenant or the
occupier in respect of the demised premises or the building erected or to be
erected thereupon.
2 (aa) The lessee shall pay the premium amount of the plot calculated at the
rate decided by the Lessor for each Industrial Area. The Lessor reserves the
right to enhance the rate of allotment if the compensation payable under
an award is enhanced by any competent court subsequently.
2(ab) The lessee shall pay all the Service Tax demand, interest and penalty
thereon etc. which may during the said term of the lease, be assessed,
charged or imposed upon either the Lessor/Lessee or tenant or occupier
of the Lessee in respect of the demised premises or the building erected
or to be erected thereupon.
2 (b) That the lessee will bear, pay and discharge all service charges to defray
recurring cost incurred on industrial areas, which may during the said term
be assessed, charged, levied or imposed and revised by the lessor.
2 (c) That the Lessee will obey and submit to the rules of Municipal or other
competent authority now existing or thereafter to exist so far as they relate
to the immovable property or affect health, safety, convenience of the other
inhabitants of the place.
2 (d). That the Lessee will erect the industrial unit on the demised premises in
accordance with the site plan and will complete construction activities and
start commercial production within a period of three years from the date of
these presents or from the date of possession, whichever be earlier, or
within such extended period as may be allowed by the lessor in writing at
its discretion on payment of retention charges or otherwise.
Provided that unutilized land of the allotted plot or plots shall revert to the
lessor on expiry of the prescribed / extended period for starting production
/ expansion of the unit.
146
2 (e) That the Lessee shall not use any space in the industrial area other than
demised premises for dumping / placing any construction material / raw
material required for construction of factory or manufacturing item or for
any product / waste and shall take all measures for proper disposal of waste
material.
2 (ee) The lessee shall become a member of the Association / Agency created for
setting up and operating the Common Effluent Treatment Plant (CETP)
and Solid Waste (hazardous and non-hazardous) Disposal System
(SWDS). All the Capital & Revenue expenses relating to acquisition,
operation and maintenance of CETP & SWDS shall be borne by all
members of Association / Agency in the proportion decided by the
Committees of the said Association / Agency.
2 (f) That the Lessee shall take all measures, which are required for Pollution
Control and shall strictly adhere to the stipulations imposed by Rajasthan
State Pollution Control Board and other statutory pollution laws of the
State for the time being in force.
2 (g) That the Lessee will provide and maintain in good repairs a properly
constructed approach road or path across drain to the satisfaction of the
Lessor / Local Municipal Authority leading from the public road to the
demised premises.
2 (h) That the Lessee will not carry on or permit to be carried on, on the demised
premises any obnoxious trade or business whatsoever or use the same or
permit the same to be used for any religious purpose or any purpose other
than for the Industrial purposes as aforesaid without the previous consent
in writing of the Lessor and the Local Municipal Authority and subject to
such terms and conditions as the Lessor / Local Municipal Authority may
impose and will not do or suffer to be done, on the demised premises or any
part thereof any act or thing which may be or grow to be a nuisance,
damage, annoyance or inconvenience to the Lessor or Local Municipal
Authority or the owner or occupiers of other premises in the neighborhood.
2 (i) The Lessee will not without the previous consent in writing of the Lessor,
sub-lease, sublet, relinquish, sub-divide or assign his interest in the
demised premises or the building standing thereon or both as a whole and
every such relinquishment, sub-division, sub-leasing or subletting shall
be subject to the condition that the transferee, assigns shall be bound by
all the covenants and conditions herein contained and be answerable to the
lessor in all respect thereof and applicability of charges and relevant rules
147
of the Lessor.
Provided further that if at any time the financing body or bodies mentioned
above decide(s) to take over, sell, lease or assign the mortgaged assets in
the demised premises in exercise of any rights vesting in it by virtue of
deed or deeds executed in its favour by the Lessee at the time of taking the
loan or loans or under any will for the time being in force, the sale, lease or
assignment will be subject to the written consent of the Lessor.
Provided further that the Lessee will so often as the said premises shall by
assignments or by death or by operation of law or otherwise howsoever
become assigned, inherited or transferred during the term of lease hereby
granted within one calendar month from the date of such assignment,
inheritance or transfer, deliver a notice of assignment, inheritance or
transfer to the Lessor setting forth names and description of the parties to
every probate or a will or letters of administration, decree order, certificate
or other document of affecting or evidencing such assignment, inheritance
or transfer and document as aforesaid accompanying the said notice which
shall remain for 7 days at the office of the Lessor AND it is hereby
covenanted that failure to carry out this condition will without prejudice to
the right of the Lessor to determine this Lease Agreement for breach of this
covenant entail penalty of ˆ 5000/- to be paid by the Lessee. However, if
the lessee's firm is dissolved and no 'successor' in interest is there or
appointed within 60 days of its dissolution, the lessor shall be entitled to
determine this Agreement.
2 (j) That Lessee will permit the members, officers, subordinates of the Lessor
and their employed workmen and persons at all reasonable times of the day
to enter into and upon the demised premises and the buildings erected
thereupon in order to inspect the same.
2 (k) That the Lessee will not make any excavation upon any part of the demised
premises except for foundation of building and for leveling and dressing
the area.
2 (l) That the Lessee will not erect or permit to be erected on any part of the
demised premises any stables, sheds or other structures of any description
whatsoever for keeping house cattle, dogs, poultry or other animals except
and in so far as may be allowed by the Lessor in writing.
2 (m) That the Lessee will neither exercise his option of determining the lease
nor hold the lessor responsible to make good the damage if by fire, tempest,
flood or violence of any army or a mob or other irresistible force, any
148
material part of the demised premises if wholly or partly destroyed or
rendered substantially or permanently unfit for building purpose.
2 (n) That the Lessee shall apply for permission for any change in the product or
production capacity or process of manufacturing to the lessor. If no
communication is received by lessee from lessor within 30 days, request
shall be deemed as accepted. However, lessee proposing to set up polluting
industrial unit under red category or setting up effluent discharging unit
shall be required to take written permission from the Lessor before
initiating any change in their manufacturing product.
2(o) If during the term of the lease the lessee or his workmen or servants
(i) injure or destroy any part of building or other structure
contiguous or adjacent to the plot of land hereby demised or
(ii) keep the foundation trenches or other pits on the demised
land open or exposed to weather thereby causing any injury
or damage to contiguous or adjacent buildings or
(iii) dig any pits near the foundation of any building thereby
causing any injury or damage to such building,
The Lessee shall pay such damages thereof within three months as may be
assessed by the Lessor whose decision as to the extent of injury or damage or the
amount of damages payable therefor shall be final and binding on the Lessee.
2 (p) That the Lessee shall also abide by the terms and conditions of the letter of
allotment, RIICO Disposal of Land Rules, 1979 and amendments made
therein from time to time. The letter of allotment shall be part of this Lease
Agreement.
2 (q) That Lessee will plant adequate number of trees on the demise premises
and will not dig/bore/drill any tube well in the demise premises without
prior permission of competent authority/Lessor.
2 (r) Wherever dumping sites have been provided for disposal of solid waste the
lessee shall ensure that the waste generated by his/her units is dumped in
the said dumping site and at no other place in the industrial area. In the
event of violation of the condition the lessor shall be at liberty to impose
suitable penalty on the lessee.
149
AND IT IS HEREBY FURTHER AGREED AND DECLARED BY AND BETWEEN
THE PARTIES TO THESE PRESENTSAS FOLLOWS:
3 (a) Notwithstanding anything, herein before contained if there shall have been
in the opinion of the Lessor any breach by the lessee or by the person
claiming through or under him of any of the covenants or conditions herein
before contained and on his part to be observed and performed and in
particular without prejudice to the generality of the sub-clause, subject to
exceptions or if any amount including interest due to the lessor remaining
unpaid for a period of 90 days after the same shall have been demanded by
the Lessor or if the Lessee or the persons in whom the terms hereby created
/ vested is adjudged insolvent and if this Agreement is determined as herein
before specified, it shall be lawful for the Lessor without prejudice to any
other right of action of the Lessor in respect of any breach of this
Agreement to re-enter without taking recourse to a court of law upon the
demised premises or any part thereof in name of whole and thereupon this
demise shall absolutely CEASE and determine and the money paid by the
Lessee by virtue of these presents shall stand forfeited to the Lessor
without prejudice to rights of the Lessor to recover from the Lessee all
money that may be payable by the lessee hereunder with interest thereon at
……… percent per annum and the lessee shall not be entitled to any
compensation whatsoever.
Provided always that the Lessee shall be at liberty to remove and
appropriate to himself all buildings, erections and structures, if any made
by him and all materials thereof from the demised premises after paying up
all outstanding amount including interest upto date and all municipal and
other taxes, rents and assessments then due and all damages and other dues
accruing to the Lessor and to remove the materials from the demised
premises within three months of the determination of lease and in case of
failure on the Lessee's part to do so, the buildings and erections standing on
the demised premises and all materials thereof shall vest in the Lessor and
Lessee shall then have no right to claim for the refund of any money paid by
him to the Lessor upto that time or to claim any compensation for the
structures and materials put up by him on the demised premises.
Provided further and always the right of re-entry and determination of the
lease of the industry shall not be exercised if the financing body or bodies
remedy the breach within a period of 90 (ninety) days from the date of
notice issued or served by the Lessor on the financing body or bodies
150
regarding said breach or breaches.
3 (b) All legal proceedings for breach of the aforesaid conditions shall be lodged
in courts situated at Jaipur and not elsewhere.
3 (c) Any loss suffered by the lessor on a fresh grant of the demised premises for
breach of aforesaid conditions on the part of the Lessee or any person
claiming through or under him shall be recoverable from the lessee.
3 (d) Any notice or communication required to be served hereunder shall be
deemed to have been sufficiently served on the Lessee if, served by
"Registered Acknowledgement Due" Post and signed by an Officer of the
Lessor and the services shall be deemed to have been made at the time of
which the registered letter would in the ordinary course be delivered even
though returned un-served on account of the refusal by the Lessee or
otherwise howsoever.
3 (e) The security deposit made with the application for allotment of land shall
be refunded to the Lessee after the unit goes into commercial production on an
applicationmadebyhim.
3 (f) The security deposit shall stand-forfeited whenever there is a breach of any
condition contained in the lease agreement.
3 (g) All powers exercised by the Lessor under this lease agreement may be
exercised by the Managing Director, Rajasthan State Industrial
Development & Investment Corporation Limited or such other person (s)
authorized in this behalf.
Provided that the expression Managing Director shall include the person
who is entrusted by the Lessor with the functions similar to those of the
Managing Director.
3 (h) Every dispute, difference or questions touching or arising out or in respect
of this Agreement or the subject matter thereof shall be referred to the sole
arbitration of the Collector of the district wherein the leased plot is situated
or any person appointed by him, the decision of such arbitrator shall be
final and binding on the parties.
3 (i) The stamp and registration charges on this agreement shall be borne by the
Lessee.
IN WITNESS HEREOF THE parties hereto have set their hands this
day……….. of the month of ………………….. in the year ……………
THIS LEASEAGREEMENT made on the .............................. day of ............... in the year two thousand
and ......................... between Rajasthan State Industrial Development & Investment Corporation
Limited, Jaipur, incorporated under the Indian Companies Act., having its Registered Office at Udyog
Bhawan, Tilak Marg, Jaipur-302005 (hereinafter called the Lessor which expression shall, unless the
context does not so admit, includes its successors and assigns ) of the ONE PARTAND
OR
M/s............................................................................................…………...............................................
A company registered under the Indian Companies Act and having its registered office at
................................................................................................................…….......................…………
OR
M/s .......................................................................................................................….......................….....
A society registered under the Co-operative Societies Act and having its registered office at
…………………………………………………………………………………........................………
152
(hereinafter called the Lessee which expression shall, unless the context does not so admit,
include his heirs, successors, executors, administrators, Legal representatives and permitted
assigns ) OF THE OTHER PART
WHEREAS the State of Rajasthan handed over the land to the Lessor for the purpose of
setting up of Industrial Area and the said Lessor (Corporation) planned the land into plots for
leasing out to industrialists for erection / setting up / establishing industrial units.
AND WHEREAS the lessor has agreed to demise and the Lessee agreed to take on lease, the
piece of land known as plot No. ................................... on the terms and conditions
hereinafter appearing for the purpose of setting up an industrial unit for manufacturing
………………………… and / or any other industrial product that may be allowed to be
manufactured by the Lessor in writing according to the factory bye-laws designs and
building plans approved by the proper municipal or other competent authorities.
And whereas the lessor had handed over or shall be handing over possession of the demised
land to lessee on ……………….. or in due course of time.
NOW THIS LEASE AGREEMENT WITNESSETH AS FOLLOWS:
1. In consideration of the covenants and agreement herein contained and on
payment by the Lessee of ˆ ...................( ˆ ....................…....................)
towards the annual / one time economic rent (strike out which is not
applicable) and 25% amount of premium, (the receipt whereof the lessor hereby
acknowledges), and further agreeing by the lessee to make payment of balance
amount of premium ˆ . ................. (Rupees
only) alongwith interest in the office of lessor, on the dates and manner
provided in the schedule hereunder written or annexed hereto and not to allow
any instalment fall in arrears, the lessor doth hereby demise to the Lessee the
plot on land numbered as above in Industrial Area …………….. containing by
measurement ………. sqm. be the same a little more or less , bounded,
On the North by ...........................................................
On the South by .…………...........................................
On the East by ............................................................
On the West by ............................................................
and the said plot of land is more clearly shown in the attached site plan, TO
HOLD the said plot of land ( hereinafter referred to as 'the demised premises')
with their appurtenances unto the Lessee for the term of ninety nine years from
the ………. Day of …………….. 20………. except and always reserving to
the Lessor :
153
1 (a) A right to lay water mains, drains, sewers or electric wires under or over
the demised premises, if deemed necessary by the Lessor, in developing
the area.
1 (b) Full right and title to all mines and minerals in and under the demised
premises or any part thereof.
1 ( c ) Yielding and paying thereof unto the lessor by 31st day of July in each
year in advance the yearly rent. The lessor reserves the right to revise
the rate of economic rent every 5 years, provided, however the
enhancement in rent at each revision shall not exceed 25% of the rent
payable for the period immediately preceding revision. The quantum of
rent determined by the lessor shall be final, conclusive and binding on
the lessee and it shall not be questioned in any court of law or otherwise.
Provided further that in case the Lessee creates charge in favour of the State
Government or Industrial Financial Corporation of India, Rajasthan Financial
Corporation, IDBI, ICICI, LIC, IRBI, HDFC, SIDBI, Exim Bank, Co-
operative Banks and other Public Financial Institutions as defined in the Public
Financial Institution Act or Scheduled Banks or Private Lending Agencies
(hereinafter described as financing body or bodies ) for any development loan
taken by him / it on the security of the premises hereby demised and the
buildings and machinery built upon or affixed thereto, first charge of the
Lessor shall rank second to the charge of the financing body or bodies provided
financing body or bodies obtain prior permission from lessor for mortgaging
the lease-deed and keep a specific clause in their mortgage deed that breach of
any of the conditions of these presents ( Lease Agreement ) shall be treated as
breach of the conditions of their mortgage deed.
Provided, however, that the above provision shall not operate where land is
allotted on instalment system or 100% development charges of plot are not
paid by lessee and / or sheds are constructed and allotted on hire purchase basis
by the lessor. In such cases, the lessee could create first charge in favour of
financing body or bodies on land / or building as the case may be, with the
condition that the balance development charges and / or cost of shed, as the
case may be, shall be remitted to the lessor by the financing body or bodies in
whose favour the charge has been created if the allottee fails to make payment
of the balance amount of development charges and / or cost of shed in time. In
case, the allottee fails to make payment of the balance amount of development
charges and / or the cost of shed then the Lessor shall have right to resume
possession of the land irrespective of first charge of the financing body or
bodies on the plot.
154
Provided further that the collateral security of plots for loans for any purpose
for himself or others would be allowed to be created only in favour of
financing body/ bodies mentioned in proviso to clause 1 of this Lease
Agreement subject to ensuring that the Lessee has cleared all the outstanding
dues of the Lessor and there is a condition of collateral security in the sanction
letter of the concerned financing body or bodies.
AND THE LESSEE DOTH HEREBY COVENANT WITH THE LESSOR IN THE
MANNER FOLLOWING:
2 (a) That the Lessee will bear, pay and discharge all rents, taxes, charges and
assessment of every description which may, during the said term, be
assessed, charged or imposed upon either the landlord or tenant or the
occupier in respect of the demised premises or the building erected or to
be erected thereupon.
2 (aa) The lessee shall pay the premium amount of the plot calculated at the
rate decided by the Lessor for each Industrial Area. The Lessor reserves
the right to enhance the rate of allotment if the compensation payable
under an award is enhanced by any competent court subsequently.
2(ab) The lessee shall pay all the Service Tax demand, interest and penalty
thereon etc. which may during the said term of the lease, be assessed,
charged or imposed upon either the Lessor/Lessee or tenant or occupier
of the Lessee in respect of the demised premises or the building erected
or to be erected thereupon.
2 ( b ) That the lessee will bear, pay and discharge all service charges to defray
recurring cost incurred on industrial areas, which may during the said
term be assessed, charged, levied or imposed and revised by the lessor.
2 (c) That the Lessee will obey and submit to the rules of Municipal or other
competent authority now existing or thereafter to exist so far as they
relate to the immovable property or affect health, safety, convenience of
the other inhabitants of the place.
2 (d) That the Lessee will erect the industrial unit on the demised premises in
accordance with the site plan and will complete construction activities
and start commercial production activities within a period of three years
from the date of these presents or from the date of possession,
whichever be earlier or within such extended period as may be allowed
by the lessor in writing at its discretion on payment of retention charges
or otherwise.
155
Provided that unutilized land of the allotted plot or plots shall revert to the
lessor on expiry of the prescribed / extended period for starting production /
expansion of the unit.
2 (e) That the Lessee shall not use any space in the industrial area other than
demised premises for dumping / placing any construction material / raw
material required for construction of factory or manufacturing item or
for any product / waste and shall take all measures for proper disposal of
waste material.
2(ee) The lessee shall become a member of the Association / Agency created
for setting up and operating the Common Effluent Treatment Plant
(CETP) and Solid Waste (hazardous and non-hazardous) Disposal
System (SWDS). All the Capital & Revenue expenses relating to
acquisition, operation and maintenance of CETP & SWDS shall be
borne by all members of Association / Agency in the proportion decided
by the Committees of the said Association / Agency.
2 (f) That the Lessee shall take all measures, which are required for Pollution
Control and shall strictly adhere to the stipulations imposed by
Rajasthan State Pollution Control Board and other statutory pollution
laws of the State for the time being in force.
2 (g) That the Lessee will provide and maintain in good repairs a properly
constructed approach road or path across drain to the satisfaction of the
Lessor / Local Municipal Authority leading from the public road to the
demised premises.
2 (h) That the Lessee will not carry on or permit to be carried on, on the
demised premises any obnoxious trade or business whatsoever or use
the same or permit the same to be used for any religious purpose or any
purpose other than for the Industrial purposes as aforesaid without the
previous consent in writing of the Lessor and the Local Municipal
Authority and subject to such terms and conditions as the Lessor / Local
Municipal Authority may impose and will not do or suffer to be done,
on the demised premises or any part thereof any act or thing which may
be or grow to be a nuisance, damage, annoyance or inconvenience to the
Lessor or Local Municipal Authority or the owner or occupiers of other
premises in the neighborhood.
2 (i) The Lessee will not without the previous consent in writing of the
Lessor, sub-lease, sublet, relinquish, sub-divide or assign his interest in
the demised premises or the building standing thereon or both as a
156
whole and every such relinquishment, sub-division, sub-leasing or
subletting shall be subject to the condition that the transferee, assigns
shall be bound by all the covenants and conditions herein contained and
be answerable to the lessor in all respect thereof and applicability of
charges and relevant rules of the Lessor.
Provided further that if at any time the financing body or bodies mentioned
above decide(s) to take over, sell, lease or assign the mortgaged assets in the
demised premises in exercise of any rights vesting in it by virtue of deed or
deeds executed in its favour by the Lessee at the time of taking the loan or
loans or under any will for the time being in force, the sale, lease or assignment
will be subject to the written consent of the Lessor.
Provided further that the Lessee will so often as the said premises shall by
assignments or by death or by operation of law or otherwise howsoever
become assigned, inherited or transferred during the term of lease hereby
granted within one calendar month from the date of such assignment,
inheritance or transfer, deliver a notice of assignment, inheritance or transfer to
the Lessor setting forth names and description of the parties to every probate or
a will or letters of administration, decree order, certificate or other document of
affecting or evidencing such assignment, inheritance or transfer and document
as aforesaid accompanying the said notice which shall remain for 7 days at the
office of the Lessor AND it is hereby covenanted that failure to carry out this
condition will without prejudice to the right of the Lessor to determine this
Lease Agreement for breach of this covenant entail penalty of ˆ 5000/- to be
paid by the Lessee. However, if the lessee's firm is dissolved and no 'successor'
in interest is there or appointed within 60 days of its dissolution, the lessor
shall be entitled to determine this Agreement.
2 (j) That Lessee will permit the members, officers, subordinates of the
Lessor and their employed workmen and persons at all reasonable times
of the day to enter into and upon the demised premises and the buildings
erected thereupon in order to inspect the same.
2 (k) That the Lessee will not make any excavation upon any part of the
demised premises except for foundation of building and for leveling and
dressing the area.
2 (l) That the Lessee will not erect or permit to be erected on any part of the
demised premises any stables, sheds or other structures of any
description whatsoever for keeping house cattle, dogs, poultry or other
animals except and in so far as may be allowed by the Lessor in writing.
157
2 (m) That the Lessee will neither exercise his option of determining the lease
nor hold the lessor responsible to make good the damage if by fire,
tempest, flood or violence of any army or a mob or other irresistible
force, any material part of the demised premises if wholly or partly
destroyed or rendered substantially or permanently unfit for building
purpose.
2 (n) That the Lessee shall apply for permission for any change in the product
or production capacity or process of manufacturing to the lessor. If no
communication is received by lessee from lessor within 30 days, request
shall be deemed as accepted.
2(o) If during the term of the lease the lessee or his workmen or servants:
(i) injure or destroy any part of building or other structure
contiguous or adjacent to the plot of land hereby demised or
(ii) keep the foundation trenches or other pits on the demised land
open or exposed to weather thereby causing any injury or
damage to contiguous or adjacent buildings or
(iii) dig any pits near the foundation of any building thereby causing
any injury or damage to such building,
the Lessee shall pay such damages thereof within three months as may be
assessed by the Lessor whose decision as to the extent of injury or damage or
the amount of damages payable therefor shall be final and binding on the
Lessee.
2 (p) That the Lessee shall also abide by the terms and conditions of the letter
of allotment, RIICO Disposal of Land Rules, 1979 and amendments
made therein from time to time. The letter of allotment shall be part of
this Lease Agreement.
2 (q) That Lessee will plant adequate number of trees on the demise premises
and will not dig/bore/drill any tube well in the demise premises without
prior permission of competent authority/Lessor.
2 (r) Wherever dumping sites have been provided for disposal of solid waste the
lessee shall ensure that the waste generated by his/her units is dumped in
the said dumping site and at no other place in the industrial area. In the
event of violation of the condition the lessor shall be at liberty to impose
suitable penalty on the lessee.
158
AND IT IS HEREBY FURTHER AGREED AND DECLARED BY AND BETWEEN
THE PARTIES TO THESE PRESENTSAS FOLLOWS:
3 (a) Notwithstanding anything, hereinbefore contained if there shall have been in
the opinion of the Lessor any breach by the lessee or by the person claiming
through or under him of any of the covenants or conditions hereinbefore
contained and on his part to be observed and performed and in particular
without prejudice to the generality of the sub-clause, subject to exceptions or if
any amount including interest due to the lessor remaining unpaid for a period
of 90 days after the same shall have been demanded by the Lessor or if the
Lessee or the persons in whom the terms hereby created / vested is adjudged
insolvent and if this Agreement is determined as hereinbefore specified, it shall
be lawful for the Lessor without prejudice to any other right of action of the
Lessor in respect of any breach of this Agreement to re-enter without taking
recourse to a court of law upon the demised premises or any part thereof in
name of whole and thereupon this demise shall absolutely CEASE and
determine and the money paid by the Lessee by virtue of these presents shall
stand forfeited to the Lessor without prejudice to rights of the Lessor to recover
from the Lessee all money that may be payable by the lessee hereunder with
interest thereon at ……… percent per annum and the lessee shall not be
entitled to any compensation whatsoever.
Provided always that the Lessee shall be at liberty to remove and appropriate to
himself all buildings, erections and structures, if any made by him and all
materials thereof from the demised premises after paying up all outstanding
amount including interest upto date and all municipal and other taxes, rents and
assessments then due and all damages and other dues accruing to the Lessor
and to remove the materials from the demised premises within three months of
the determination of lease and in case of failure on the Lessee's part to do so,
the buildings and erections standing on the demised premises and all materials
thereof shall vest in the Lessor and Lessee shall then have no right to claim for
the refund of any money paid by him to the Lessor upto that time or to claim
any compensation for the structures and materials put up by him on the
demised premises.
Provided further and always the right of re-entry and determination of the lease
of the industry shall not be exercised if the financing body or bodies remedy
the breach within a period of 90 (ninety) days from the date of notice issued or
served by the Lessor on the financing body or bodies regarding said breach or
breaches.
159
3 (b) All legal proceedings for breach of the aforesaid conditions shall be
lodged in courts situated at Jaipur and not elsewhere.
3 (c) Any loss suffered by the lessor on a fresh grant of the demised premises
for breach of aforesaid conditions on the part of the Lessee or any
person claiming through or under him shall be recoverable from the
lessee.
3 (d) Any notice or communication required to be served hereunder shall be
deemed to have been sufficiently served on the Lessee if, served by
"Registered Acknowledgement Due" Post and signed by an Officer of
the Lessor and the services shall be deemed to have been made at the
time of which the registered letter would in the ordinary course be
delivered even though returned un-served on account of the refusal by
the Lessee or otherwise howsoever.
3 (e) The security deposit made with the application for allotment of land
shall be refunded to the Lessee after the unit goes into commercial
production on an application made by him.
3 (f) The security deposit shall stand-forfeited whenever there is a breach of
any condition contained in the lease agreement.
3 (g) All powers exercised by the Lessor under this lease agreement may be
exercised by the Managing Director, Rajasthan State Industrial
Development & Investment Corporation Limited or such other person
(s) authorised in this behalf.
Provided that the expression Managing Director shall include the person who
is entrusted by the Lessor with the functions similar to those of the Managing
Director.
3 (h) Every dispute, difference or questions touching or arising out or in
respect of this Agreement or the subject matter thereof shall be referred
to the sole arbitration of the Collector of the district wherein the leased
plot is situated or any person appointed by him, the decision of such
arbitrator shall be final and binding on the parties.
3 (i) The stamp and registration charges on this agreement shall be borne by
the Lessee.
160
Amount of Interest @ % Due date
Instalment Development p.a. on balance Amount of
of
No Instalment
Charges dev. charges ˆ Instalment
ˆ
1.
2.
3.
4.
5.
6.
7.
IN WITNESS HEREOF THE parties hereto have set their hands this day……….. of the month
of ………………….. in the year ……………
161
FORM „E‟
BUILDING REGULATIONS
1. The plot holder shall not use the land for any purpose except as a factory and other
related purposes as allowed by the Corporation. It shall not be used for obnoxious
industries, given in the Form 'B'.
2. All buildings shall be constructed in accordance with the RIICO / Municipal bye-
laws and regulations in force from time to time as well as any other law, rules and
regulations in force relating to the construction and use of the premises and the
plans and elevations approved by the authority / officer authorized by the
Corporation.
3 (a). No construction work shall be commenced unless the plans, elevations
and sections have been approved by the authority / officer authorized by
the Corporation and no additions or alterations of buildings, the plan of
which have been so approved, shall at any time be made except with the
previous approval of the said authority / officer.
However, for industrial plot upto 40000 sqm. area, residential
plots upto 500 sqm. area and commercial plots upto 300 sqm. area, the allottees
of plots shall certify that, the plans submitted by them are as per the norms
prescribed by the Corporation and for such plots normal approval of plans from
the Corporation will not be necessary. In case, construction is made in violation
of norms then allottees shall be responsible for such violation and liable for action.
The building plans alongwith details of proposed works of
industrial plots more than 40000 sqm., residential plots more than 500 sqm.,
commercial plots more than 300 sqm. and building plans of all other
categories, irrespective of their plot sizes shall be prepared and duly signed by
an Architect registered with Council of Architecture, who shall certify that, the
building plans prepared by him are as per the technical norms. He shall also
submit the details of area calculations of proposed ground coverage, FAR
achieved (with area on each floor) proposed height of the building and parking
requirements on the site plan. The plans submitted by the applicant prepared
and duly certified
162
by the architect shall be deemed as approved if the concerned
unit office of the Corporation have not raised any objection /
query within a period of two weeks time. In case, the plans
submitted by architect are not as per the norms, then the legal
responsibility shall be that of the architect and the Corporation
shall not be responsible for any act of omission or commission of
the architect. In case, the construction is made in violation of
approved norms and plans the allottee shall be responsible for
such violation & liable for action.
The allottee/ lessee shall also abide by Rules/ Regulations/ Bye-
Laws of Local Authority/ Municipal/ Urban Improvement Trust/ District
Development Authority/ Chief Inspector of Factories and Boilers (as the case
may be).
The allottee/ lessee shall meet all statutory liabilities under
various laws/ obligations for safety measures at his cost and responsibility.
(Substituted by the Infrastructure Development Committee of the
Board of Directors vide Item No. 4 of the meeting held on 26th
December, 1995 (S.No. 3-a-i & a-ii have been substituted as per
IDC decision taken vide item 10 on 7.12.2000,Provision 3 (a)-v
deleted as per IDC decision taken vide item (20) of its meeting dt.
16.06.16).
3 (b) All survey boundary marks demarcating the boundaries of plots shall be
preserved and kept in good repair by the lessee during the period of
construction. Where more than one lessee is concerned with the same
boundary mark, the officer authorized by the Corporation shall allocate
this obligation suitably.
4. No temporary, semi-permanent structure shall be built on the plot, except during the
period of construction or re-construction in future.
5. The drawings to be submitted for the approval and record of the Corporation shall
include
(i) all floor plans, elevation and sections through staircase and toilet drawn to a
scale of one in hundred.
163
(ii) details to a scale of one in twenty, when required,
(iii) site plan drawn to a scale of one in five hundred showing the layout
with the proposed building/s shown in red therein, and,
(iv) any other details or particulars required by the Corporation.
6. The above mentioned drawings and specifications shall be submitted in two copies
for record duly certified by himself or architect before commencement of
construction activities on allotted plot. In case the Lessee seeks approval from the
Corporation then he shall submit drawings as mentioned in regulation no. 5 in six
copies.
7. Sizes & Setbacks of industrial plots in all industrial areas including transferred
areas:
(i) The set backs for various sizes of plots shall be as in Table - 1.
7A. Building parameters for different types of non-industrial plots shall be
as per Form E-2. The plans shall be approved according to these norms.
7B. Permitted Facilities in Industrial Plots
The permitted facilities in setback areas of plots shall be as in Table-2.
— Non-industrial plots shall include the plots allotted for social
infrastructure purposes, group housing and commercial plots etc.
8. Unauthorized Construction
No plot holder shall undertake unauthorized construction in any of the setbacks in
the Industrial Areas including those transferred by the Govt. of Rajasthan to RIICO.
However, in genuine cases, unauthorized construction may be considered for
regularization on payment of compounding fees as prescribed from time to time.
Note *The industrial plot allottees who have got the plot allotment prior to revision in the
setbacks i.e prior to the date 24.5.2013, as above, are also allowed to opt the above
revised setbacks in toto. However in such allottees who have plot area of 4001
sqm or more shall be required to leave a clear passage of minimum 3.6 meters with
in the setback area, around the building for movement of fire fighting engine, for
being eligible to adopt the revised setbacks.
(Amended as per item 9 of the meeting of the IDC held on 24th May 2013.)
168
TABLE-2
FACILITIES PERMITTED IN SETBACK AREAS OF
INDUSTRIAL PLOTS.
1 2 3 4 5 6 7
169
Notes :
A. However, a clear passage of 3.6 meters. for movement of fire fighting engines
will be required to be left in case of plot having area of 4001 sq. meter or
more, for availing the facilities permitted in the Setbacks as per Table -2,
above .
B. In addition to the above permitted facilities following facilities are also
allowed as specified below
(i) D.G. set room in front/side/rear setbacks to the extent of permissible
size of Security Room-cum-LT/HT Meter Room.
(ii) Transformer platform and its shed to the minimum requirement as
approved by DISCOM in industrial units whose power connection is 60
HP or more.
TABLE-3
Building Parameters for the industrial plots / buildings proposed to be
usedfor setting up of Garment / Gems & Jewellery units.
Notes:
(i) The above additional FAR and other parameters under Table-3 will be
applicable to the future allotments only.
(ii) Will be applicable in all Industrial Ares except EPIPs, for which there are
separate set of building parameters.
170
(Re-prescribed and inserted amending existing building parameters as per
approval by the IDC vide item 31 of its meeting held on 15.4.2008)
General Notes :
1. The above permitted facilities shall apply to all Industrial Areas / Estates and
shall be permitted without charging any compounding fee. Minor variations
upon certain limits beyond the permitted sizes may be compounded on
payment of fee as may be prescribed from time to time.
2. Construction in setback area of industrial plot may be compounded for
industrial purpose only and not for commercial, residential or other such
purposes.
3. The permitted facilities may be constructed along the compound walls in front,
side or rear as the case may be and the sizes of various structures are external
i.e. inclusive of wall thickness.
4. The construction in setbacks of plot for permitted facilities shall be of only
ground storey without any mezzanine floor and construction on first floor shall
not be permitted at any cost. Height of these structures would not be more than
3.50m above plinth level. (Inserted by IDC vide item 3 on 21.10.2005)
5. a. In the case of plots having roads on more than one side, for the purpose
of calculation of penalty for unauthorized construction, the front set
back shall be taken towards all the entire road.
b. In the case of plots having roads on more than one side, for the purpose
of permitting facilities, the front set back shall be taken towards the
more important road only.
6. The compound wall of corner plots shall be chamfered / rounded and no
facility shall be allowed at the junction point.
7. One overhead water reservoir on columns with a maximum of 5 meters
external diameter may be permitted in side / rear set backs.
8. A transformer platform and its shed may be permitted in any setback area
according to the minimum requirement as approved by Vidyut Vitaran Nigams
in industrial units whose power connection is 60 HP or more .
9. The construction of D.G. set room in front / side / rear set backs of plot shall be
permitted to the extent of permissible size of H.T. meter room. However,
allottees of plots shall ensure that flow of fire fighting equipment, Ambulance
and other Emergency services is not affected.
171
10. In plots of more than 10000 sqmts. one weigh bridge room upto 3.00 x 4.00
Mtrs. for use of the industrial unit only, may be permitted in the front / side set
back area.
11. In plots of more than 10000 sqmts. a first aid room or dispensary upto 50 Sq.
Mtrs. in area, may be permitted within prescribed set backs lines.
12. Parking (Cycle/ Scooter/ Car) shed in front / side / rear set backs of the plot
may be permitted with three sides open. However, the parking shed constructed
in front set back shall have only temporary roof like corrugated sheets etc.
13. The allottees may be allowed facilities of porch, staircase, architectural
aesthetic features within 50% of the width of the set backs or 3 meters
whichever is less within permissible limits only.
14. The permission for construction of tube well / open well in allotted plots
(industrial/ residential/ commercial) may be granted as per the following
guidelines:
a. The tube wells / open wells to be installed by entrepreneurs should be at
a prescribed minimum distance of 300 meters from the existing wells of
the Corporation / PHED, so that it does not interfere with the source of
Corporation / PHED.
b. The allottees will use water in the industrial area only and sale of water
will not be permitted. Permission for the construction of tube wells /
open wells shall be given without levy of any charges.
Note: Inserted and substituted by the Infrastructure Development Committee
of the Board of Directors vide item No. 5 of their meeting held on 9th
December 1992, item No. 15 dated 21st February 1998, item No. 37
dated 18th November 1998, item No. 21 and 29 dated 13th November
2000, item No. 3 dated 22nd December 2000, item No. 9 dated 25th
January 2001, item No. 20 dated 23rd September 2002, item16 dated
25.3,2006.
15. Norms for construction of basement in industrial plots:
Norms for construction of basement in industrial plots are prescribed as under:
(i) The basement shall not be used for residential purpose
( ii ) Area & Extent :
172
a. The basement shall only be constructed within the prescribed set
backs on ground floor.
b. No basement shall be allowed in the permitted facility area of the
industrial plots.
( iii ) The allottee of plot shall be responsible for any dispute / damage due to
construction of basement, in adjoining properties including neighbour's
properties.
( iv ) Basement may be put to the following uses only:
a. Storage of industrial or household goods.
b. Strong rooms, cellars, etc.
c. Air-conditioning equipment and other machines used for services
and utilities of the building and
d. Parking spaces.
(v) The basement shall have the following requirements:
a. In every part, basement shall be atleast 2.4m in height from the
floor to the underside of the roof slab or ceiling.
b. Adequate ventilation shall be provided for the basement. The
ventilation requirement shall be the same as required by the
particular occupancy according to National Building Code. Any
deficiency may be met by providing adequate mechanical
ventilation in the form of blowers, exhaust fans, air-conditioning
systems etc.
c. The staircase of the basement shall be as per fire safety measures
of National Building Code.
d. The minimum height of the ceiling of any basement shall be 0.9
m above the average surrounding ground level.
e. Adequate arrangements shall be made such that surface drainage
does not enter the basement.
f. The walls and floors of the basement shall be watertight and be
so designed that the effects of the surrounding soil and moisture,
if any, are taken into account in design and adequate proofing
treatment is given.
173
g. Open ramps shall be permitted if constructed leaving the set back
area subject to the provision of (d).
h. The access to the basement shall be separate from the main and
alternative staircase providing access and exit from higher floors.
(Inserted as per IDC decision taken vide item 8 on 8.7.2002)
17 Increasing the ground water level by rain water:
(i) For water conservation and increasing level of ground water, all plot allottees
having more than or equal to 500 sqm. shall have to construct Rain Water
Harvesting Structures (RWHS) in their premises to recharge the ground water
so as to ensure that all rainwater is effectively harvested and recharged.
(ii) All the plot allottees are required to intimate concerned RIICO unit offices in
writing about completion of RWHS. The allotted plots will now be treated as
utilized on completion of other prescribed norms even without completion of
RWHS. However, the allottee will be required to pay lumpsum penalty for
delay in completion of RWHS as under;
174
waiting room for the visitors or any of the facility in the plot, which may be
necessary for the industry/its employees, besides the facilities as prescribed in
RIICO Disposal of Land Rules. However, these facilities/ requirements of the
industry will be covered under overall limit of 3.5% of set back area for providing
all facilities. The plot allottee, as per requirement of industry, will be allowed to
decide area of these facilities. The plot allottee shall, however, ensure that
movement of fire fighting equipment, ambulance and other emergency services shall
not be effected in set back area of the industrial plot. (Inserted as per IDC decision
taken vide item 10 in the meeting held on 12.08 2005)
19. Following essential facilities in set back of industrial plots measuring less than 10
acres are also permitted subject to the condition that no additional area than the
prescribed for the use of permissible facilities in the plot set back shall be used on
account of these facilities:
(a) Treatment plant, cooling towers and chimney in side/ rear set backs.
(b) An underground water storage tank below set back level (over all) of the
size equal to two days water requirement given in the project report or
calculated on 1000 gallons per acre per day
(c) One HSD (Diesel) storage tank for self-consumption subject to NOC
from the concerned departments for location, size etc.
However these facilities should not create obstructions to the movement of fire
tender in the plot.
20. It will be mandatory in the following categories of the buildings to make use of
Solar Water Heating System :
(i) All Industrial building where hot water is required for processing.
(ii) All Private Hospitals and Nursing homes of 25 beds, and all
Government Hospitals of 100 beds or more.
(iii) All Hotels and Resorts.'
(Inserted as per IDC decision taken vide item 14 on 25.3.2006. Proviso at
S.No. 20 inserted as per approval by the IDC vide item 19 of the meeting held
on 15.9.2009)
21. For loading/unloading purposes , equipments (Gantry Crane) is permitted to be
installed in side setback areas of an industrial plot which are having a
minimum area of 1000 sqm and is allotted to a stone based industries
(processing units).
175
FORM „E-1‟
BUILDING PARAMETERS FOR THE IT INDUSTRIES
AND IT ENABLED SERVICES (ITeS)
These building regulations are based on Rajasthan Model Building Byelaws. All the local bodies
in the Rajasthan including Jaipur Development Authority base their byelaws on this Model
Building Byelaws. Rajasthan Model building Byelaws does not include any building
regulations for the Industrial Building or IT buildings. As per provision of Model Building
Byelaws RIICO Rules shall prevail in RIICO industrial areas.
Table E-2-1
176
Notes & Explanations:
(a) Minimum plot size for IT/ITeS will be 1500 sq. mts.
(b) Parking requirements: 1 ECS per 50 sq. mtr. of FAR area (inclusive of extra
parking space requirement for the visiters) .
(c) The permitted height of the building is subject to clearance form Civil Aviation
Authority.
(d) In plots measuring more than 40,000 sq.mts., following incidental uses are
permitted for benefits of units and their employees:
i) 4% of total FAR for Commercial facilities.
ii) 2% of total FAR for Recreational facilities.
iii) 10% of total FAR for residential facilities.
(e) Permitted facilities like security room, L.T. / H.T. meter room, time office,
Chowkidar Quarters, Cycle /Scooter Parking etc. are permitted in set backs area as
per RIICO Disposal of Land Rules, 1979.
(f) Other building control regulations for IT/ITeS plots may be followed as per
Rajasthan Model Building bye-laws 2000 for commercial buildings and will be
applicable to the existing IT / ITeS units also.
(g) Obtaining of requisite fire safety related NOC from Local Municipal Body /
concerned organization will also be necessary on the part of the plot holder.
(h) All allottees of industrial land who want to change product to IT/ITeS (switchover
cases) or old allottees who were given land for setting up of IT/ITeS industries
prior to coming into force of the above building parameters may also be allowed to
construct buildings as per the above building parameters/ bye-laws.
(i) In such cases where in above building paramters have been opted, normally no
change in product from IT/ITeS industries to other industry will be allowed.
However, in a special case where reversal from IT/ITeS industry has to be
considered then it may be allowed only if the applicant surrenders excess built up
space/construction made on account of higher FAR admissible for IT/ITeS
industry as per the above, to RIICO and the same shall vest with the Corporation.
(j) The terms and conditions at S.No. (h) to (j), above will be incorporated in the
lease deeds also.
(Inserted as per BOD approval accorded vide item 29 on 30.3.2007 and vide item
12 of its meeting held on 7th July 2008. Partially amended as per approval of the
BOD vide item 19 of its meeting Dt. 12.8.09)
177
FORM -„E-2‟
Building regulations / parameters for non-industrial buildings :
b) For non-industrial buildings in RIICO Industrial areas falling under JDA
region, 'JDA (Jaipur Region Building) Regulations 2010' shall apply with all
amendments made in JDA Building Regulations subsequent to the Office
Order dated 14.06.2013.
c) For non-industrial buildings in RIICO Industrial areas falling under Jodhpur
Development Authority (JODA) Region, 'Jodhpur Development Authority
(Jodhpur Region Building) Regulation 2013' shall apply.
d) For non-industrial buildings in RIICO Industrial areas falling in Class I cities
having population more than 1 lac including Bhiwadi, the Rajasthan Building
Regulation 2013 (revised) and subsequent amendments made therein shall
apply.
e) Building parameters for non-industrial buildings in RIICO Industrial Areas
located in the towns having a population of less than one lac, will be as per the
'Local Body (Urban Area, Building), Regulations, 2010.
Special Notes :
Building parameters for non-industrial buildings as adopted under the Form-E-
2, above will however be with the following deviations/exemptions:
i. Allottee will apply in the concerned Unit office for obtaining building plan
approval in the prescribed performa. Concern Unit office will examine and
approve the building plans accordingly.
ii. Technical person registered with any local body or registered with Council of
Architecture is entitled to submit building plans in the Corporation.
iii. Security deposit against provision for rain water harvesting structure, fire-
extinguishing and earthquake safety, greenery and plantation, parking will not
be levied but it shall be mandatory for the applicants to follow the norms for
above provisions.
iv. There will be no charges under head of Basic services for urban poor (BSUP)
fund in RIICO.
v. Provision of T.D.R. (transfer of development rights) shall not be applicable in
RIICO Industrial Areas.
vi. Applicability of these building regulations will be in totality for old cases also.
For e.g.-if an allottee wants to avail benefit for some specific parameter by
renewal of building plans, all related parameters/clauses (rain water harvesting,
178
solar energy plant etc. if applicable as per regulations) shall be applicable and
the prescribed charges as per point 4 above shall be paid by the allottee.
vii. Revised building parameters will be applicable to all the allottees in totality.
However, in old cases where allotment has been done before 14.06.2013,
earlier permitted FAR will be applicable (standard FAR shall not apply). In
case where such allottee requests for higher FAR, charges will be applicable
for extra FAR above the already permitted FAR. Betterment levy shall be
charged as decided above.
vii. In any case maximum height of the non-industrial building shall not exceed 30
mts (height ceiling ).
viii. Fee for various building regulations related approvals will be as prescribed
below in Table-4.
ix. Security deposit against provision for rain water harvesting structure, fire-
extinguishing and earthquake safety, greenery and plantation, parking will not
be levied but it shall be mandatory for the applicants to follow the norms for
above provisions.
x. Betterment levy shall be leviable to avail extra FAR beyond prescribed
standard FAR and to avail 5% extra ground coverage. For the purpose of
uniformity and simplification, the prevailing 'Comeercial/residential resrve
price (of the concerned local body) shall be replaced with 'prevailing
allotement rate' for indsutrial use of concerned Indsutrial area.Equivalent
charges for different uses will be derived and calculated as under:
a. Institutional Plot - 1.25 times of 'prevailing allotment rate'
b. Residential Plot - 2 times of 'prevailing allotment rate'
c. Commercial Plot - 4 times of 'prevailing allotment rate'
For e.g. To achieve maximum FAR upto 2.00 and above standard FAR of 1.33
in residential plot betterment levy may be calculated as ˆ 100 per sq.fts or 25%
of { 2 x 'prevailing allotment rate' (in sq. ft)}, whichever is higher.
xi. Certificate for partial/complete construction of a building may also be issued
by Unit Office as per norms, if desired by applicant without levy of any
charges. However, Completion certificate/Occupancy certificate shall not affect
compliance of provision of Rule 21, relating, - 'time period for commencement
and completion of construction activities and commencement of production
activities'.
xii. For weigh Bridges Building Regulations and Parameters will be as per table -
5, below
179
xiii. Managing Director of the Corporation is authorized for adopting
revision/amendments in building regulations by UDH/LSG after examination
by Planning Cell, from time to time, for non-industrial buildings as prescribed
in RIICO Disposal of Land Rules, 1979.
xiv. By virtue of applicability of new setbacks in non-industrial plots, any
construction falling beyuond new set-backs will only be considered as
unauthorized construction.
(Item 10 of the meeting held on 11.5.2015. Further inserted as per item 18 of
the meeting of IDC dt. 09.09.15)
TABLE - 4
S. No. Fees/ Charges Description Category of Uses
i() i zLr kfor Hkw[ k. M d s l keus l M+d dh U; wUr e pkSM+kbZ 18 ehVj gksxhA
(Amended as per approval by IDC- item 12 meetind dt.
16.12.2010)
181
FORM “F”
Applicable Rates of Economic Rent
Eeconomic rent will be charged @ ˆ 300/- per 4000 sq. mtr., rounded off to the next rupees,
subject to minimum of Rs.100/- per annum, irrespective of the population in a town and date
of allotment of plot.
The revised rates for the Economic Rent are applicable with effect from 1.4.2012
(*Revised / amended as per decision taken by IDC vide item 3 of the meeting held on
28.2.2002 and item 7 dated 30.6.2003. amended as per item 5 of the meeting held
on26.4.2012)
FORM “F-1”
LEVY OF ONE TIME ECONOMIC RENT
At present economic rent is payable annually before 31st July every year, after that interest at
prescribed rate is to be charged from 1st April of the year. However, the entrepreneurs may
opt for one time deposition of the economic rent in lump sum on the following conditions:
(i) that, he has cleared all the outstanding dues of economic rent upto the date of
option.
(ii) that, he deposits a lump sum amount equal to the economic rent of 10 years
calculated as per the rates applicable / prevailing on the date of option.
(iii) that, payment of economic rent in lump sum will not affect the nature of the
title over the plot i.e. the plot would remain always on lease.
(iv) that, he gives an undertaking to the effect that :
(a) RIICO shall continue to have full right to cancel the allotment of land
on account of any violation of the terms & conditions of the lease deed.
(b) he, as allottee would not demand for refund of economic rent deposited
in lump sum in the event of plot being cancelled on account of violation
of lease deed conditions or voluntary surrender of lease.
As regards fresh cases of allotments also the allottee would have the option for one
time lumpsum deposit of economic rent.
(*Inserted as per decision taken by IDC vide item 9 of the meeting held on 17.6.94)
182
FORM “G”
Particulars Plot size 5000 to 10000 sqm. Plot size Over 10000 sqm.
Required minimum turn over ˆ 50 Crore ˆ 100 Crore
Required minimum net worth ˆ 25 crore ˆ 50 crore
Required minimum experience 3 years 3 years
Minimum construction experience 1000 dwelling units 1000 dwelling units
Note: Turn over to be taken on the basis of average turn over in last 3 years, whereas net
worth would be taken on the basis of latest balance sheet.
184
II. Consortium Criteria:
a. Maximum 3 parties can form a consortium.
b. Each of the party in consortium shall be jointly and severally
responsible for successful implementation of the project.
c. The turn-over and net-worth norms would be considered in combination
of all parties to the consortium.
d. One of the parties of the consortium should have at least 3 years
experience of construction of dwelling units.
e. One of the party of the consortium would be named as lead which
should meet at least minimum 50% of the eligibility requirement for
turnover and net worth.
f. Either SPV or the lead would execute agreement on behalf of the
consortium with RIICO.
g. Core 1 bidding document used by Power Companies may be referred to
on the website of Power Finance Corporation/Rajasthan Vidyut Utpadan
Nigam Limited for preparing bid document.
7. Applicants to submit proposal including following:
A. Technical bid:
Separate sealed envelope marked as 'Technical bid for allotment of group
Housing plot' with full name and address of applicant' is to submit containing
following:
a. Documents/documentary proof of the fulfillment of application criteria
as at clause (6) duly attested.
b. Concept plan enumerating details of utilization of land/number of flats,
their sizes/facilities/services etc.
c. Proof of Financial Soundness, capacity to execute project.
d. Means of financing, implementation schedule.
e. Last 3 years copies of Balance Sheet duly attested by registered
Chartered Accountant.
B. Financial bid:
Separate sealed envelope marked as 'Financial bid for allotment of
group Housing plot' with full name and address of applicant' is to
submit.
185
8. Scrutiny of applications:
Technical bids will be scrutinized by a committee headed by MD/CMD and
comprising of Advisor (Infrastructure), Additional Chief Engineer, GM (Finance),
STP/DTP. Unit Head concerned will be the convener of this committee. The
financial bid of the technically qualified developers shall only be opened and
allotment of land shall be made to the developer who quoted highest rate.
9. Project Implementation Period:
The project will have to be completed within a period of 3 years from the date of
handing over the possession of the plot, irrespective of date of lease. Completion of
the project means construction of dwelling units ready for use by achieving at least
50% of the permitted FAR or 75% of area mentioned in project report/concept plan,
whichever is higher.
10. Building Regulations/parameters :
Building Regualtions for this purpose shall be the same as prescribed under the
head 'construction of residential Flats and Group Housing' in the 'Building
Regualtions' of the category as is relevant to the case in context of FORM- 'E-2' of
these rules.
11. Payment Terms:
a. An earnest Money @ 2% of the total premium amount calculated at reserve
rate, will be submitted along with Technical bid. The same will be refunded
interest- free to the applicants who do not qualify the eligibility criteria.
b. After the in principle approval, highest bidder will required to deposit 25% of
the premium amount calculated on highest bid (adjusting amount of earnest
money) within 30 days of the approval (LOI of the same will be issued).
c. EMD to the unsuccessful bidders shall be refunded within seven days from the
date of declaring technically qualified bidders/opening of financial bids
without interest by the corporation.
d. Balance 75% premium amount will be deposited by the highest bidder within
90 days of the allotment letter issued.
e. No payment will be allowed in installments.
f. All the payment shall be made to concern Unit Office of the corporation by
DD/Bankers cheque/RTGS facility.
186
g. In case of any default by the allottee, all amounts already paid, shall be
forfeited.
12. Development Details:
a. The work can be started by the builder immediately on receiving the
possession of the land.
b. Sanctioning of Plans shall be done as per rules.
c. Sewage, water and electricity connection shall be facilitated by the Corporation
as per the existing policies. However, for internal development of group
housing water supply, drainage, electric distribution, roads, telephone line, rain
water harvesting system/structure, solid waste disposal shall be provided by the
developer as per the standards at his own cost.
d. Distance between two building blocks shall not be less than 1/3 of the height of
the highest block.
e. For common facility and community centre and club house upto 5%
permissible FAR can be utilized.
f. Clearance from Fire, Environment shall be taken by the builder. Clearance
from Airport Authority of India (if required) shall be taken by the builder at its
own. However, any assistance support required on the same will be provided.
g. Maximum 3% of FAR, as permissible under building guidelines for group
housing plots for commercial use, shall be used only for providing day-to-day
essential services for the residents of the group housing scheme.
13. Subleasing of the built- up space :
The developer will have the freedom of sub-leasing the built up dwelling units and
other built up space created for the supportive use on the following terms &
conditions:
(i) No separate permission/charges for sub-leasing the built up space will be
required.
(ii) Building construction of the Complex will be done as per the RIICO Buildings
Parameters related to the Group Housing. The Complex may also house
commercial, recreational, facilities for sub-leasing to the extent permitted in
RIICO building parameters related to the Group Housing.
(iii) Sub-lease period will not exceed the remaining period available to the original
plot allottee.
187
(iv) It is primarily the land allottee / prime lessee who will be required to pay all
dues / annual charges eg. Service Charges and Economic Rent etc. to RIICO. If
the sub lessees are made to pay the above annual charges to RIICO then the
allottee will put a condition to this effect in the sublease. Without such
condition the sublease will not be treated as valid. A suitable provision / clause
regulating the above arrangement will also be inserted in the lease deed to be
executed with the land allottee.
(v) Common facility area will be maintained by the developer or through any
agency approved by it, for which the developer may levy suitable charges on
the users.
(vi) Lessor (RIICO) will provide only outer infrastructure as per the development
scheme of the concerned industrial area. Internal development of the Complex
will be the sole responsibility of the allottee / lessee as per plans approved by
RIICO.
(vii) Rights and liabilities between the lessee (allottee) and sub-lessee will be
determined amongst themselves and these will not be binding on RIICO in any
manner. However such mutual rights and liabilities will have to conform to the
rules and regulations of RIICO and terms and conditions of such allotment of
land etc.
(viii) RIICO shall not be answerable/ responsible for any dispute arising between
lessee and sub-lessee.
(ix) RIICO will not be responsible for providing any extra infrastructure support
or services to the sub-lessees. However, sub lessees are free to form a society
registered under the Society Registration Act - 1958 or company under Section
25 (G) of the Companies Act 1956 on 'no profit no loss' basis for day to day
maintenance and to provide civic amenities for their respective premises.
188
FORM “I”
(ˆ) (ˆ)
Notes :
a. These charges will remain same irrespective of the category of industrial area,
i.e. saturated / unsaturated.
b. Application fee as mentioned above will be applicable on applications
submitted on or after 27.05.2014
(Inserted as per approval vide item (7) of the IDC meeting held on 13.05.2014)
189
FORM “J”
(A) Policy for allotment of land to the SPVs/Companies for development of the
Clusters under Cluster Development Scheme of Govt. of India..
(B) Stipulations/Regulations for the SPVs/Companies to whom land has already been
allotted for the Cluster Development.
(A) New Land Allotment to SPV/Companies:
1. Modalities of land allotment:
Land will be allotted on developed or semi developed or undeveloped
basis, as the case may be.
The land shall be allotted on "as is where is" basis when land is allotted on
undeveloped/semi developed basis. The allotment shall be made on lease basis
which term shall not be exceeding more than 99 years, in any case.
The cost of land will be deposited by the allottee as per time schedule
decided by the Corporation, on case to case basis. In case of default, the
Corporation shall have right to cancel the allotment and determine the Lease
Agreement.
The allottee shall deposit an amount equal to 10% of total land cost in
shape of Bank Guarantee/FDR in favour of the Corporation as security, in
addition to land cost for securing future maintenance. However, said bank
guarantee/FDR shall be released by the Corporation after completion of 5 years
from the date of development of said Cluster/Park/Project.
Possession of land will be handed over within 30 days from the date of
deposition of full cost of land or within 30 days from the date of allotment, if
balance payment of cost of land is permitted to be deposited in installments.
Service charges as may be decided by the Corporation from time to time shall
be deposited by the allottee in advance by 31st July of every Calendar year.
The allottee shall deposit the Economic Rent of the entire allotted land area
as per the rate prescribed by the Corporation/State Govt. from time to time, within
120 days from the date of issuance of the allotment letter for current financial
year and latest by 31st July for subsequent financial years.
The allotted land shall only be used for the purpose for which it is allotted
or permitted use as mentioned in the allotment letter/Lease Agreement issued
by the Corporation.
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The allotment of land would only be made to any SPV/Company when its
proposed project is sanctioned in-principle, by the respective
department/agency of the GoI/GoR under the relevant scheme. In case, any
directions are issued or conditions are imposed by the GoI/GoR, the same shall
be adhered to by the SPV/Company.
The allottee or its sub lessees shall not be permitted to run any illegal trade,
business and obnoxious industries on the said allotted land. If it is found at site,
the Corporation shall have right to cancel the allotment without giving any further
notice or information in this regard.
In case of surrender of part or full allotted land by allottee SPV/Company,
due to any reason, such as change in policy by the Government, change in
technology, change in prevailing law etc., land cost deposited by the allottee at
the time of allotment, to the extent of land area surrendered, will be paid without
interest by the Corporation.
In the Board of Directors or Governing Body of the allottee
SPV/Company, one nominee should be from the Corporation preferably the
concerned Unit Head of RIICO but no civil/criminal liability shall be borne by
the said nominee officer of the Corporation.
In case of dispute regarding interpretation of the terms and conditions of
allotment/lease agreement, the matter shall be resolved amicably instead of
approaching Court of Law directly. In such cases, matter shall be referred to
Chairman, RIICO or Principal Secretary, Industries, as the case may be, for
adjudication.
The other issues which are not covered in this policy shall be governed in
accordance with RIICO Disposal of Land Rules, 1979, as amended from time
to time.
191
The SPV/Company shall submit the detailed development plan before carrying
out infrastructure activity. After examining the development plan submitted by
SPV/Company, necessary permission will be issued by the Corporation. The
Corporation shall have right to issue necessary directions for maintaining
requisite specifications along with right of amend/change thereof depending upon
need of the area/project.
After completion of development works at site, SPV/Company should obtain
'Completion Certificate' from the Corporation.
The allotment of land to SPV/Company will be made subject to condition that
requisite clearances/ consents with regard to Environment /Pollution Clearances
shall be obtained directly by the SPV/Company from the concerned authority/
department such as MoEF/CPCB/RPCB etc.
No disposal of effluent shall be allowed in the storm water drain, if constructed by
the Corporation in the industrial area adjacent/nearby to the allotted land.
The SPV/Company and its sub lessee shall have to maintain the status of zero
discharge in their respective unit to be set up on allotted land or part thereof.
In case any power/telephone/gas pipe line is passing through the allotted land, the
Corporation does not undertake any responsibility for its removal. The
SPV/Company and its sub-lessee will be required to plan/modify their
construction accordingly after leaving prescribed setbacks/safe distance as
determined by the respective authorities.
192
mutandis apply to every sub lessee of the SPV/Company.
No Lease Agreement shall be executed by the Corporation directly in favour of
sub lessees of the SPV/Company. However, format of Sub Lease to be executed
between SPV/Company and its allottee members shall be got approved from the
Corporation before execution of same. However, condition relating to sub leasing
shall be incorporated in sub-lease agreement to be executed with respective sub-
lessee by the SPV/Company.
The SPV/Company shall furnish the information about leased out area of land
along with details of its sub-lessees within 30 days from the date of execution of
sub-lease in favour of them.
In the event of cancellation of allotment made to the SPV/Company and
determination of lease agreement pertaining to said allotted land by the
Corporation, the sub-leases executed by the SPV/Company in favour of its
members/sub-lessee shall stand determined & nullified automatically and entire
land shall vest with the Corporation without any further orders. In such event, the
Corporation shall not be liable to pay any damages, cost etc. to the SPV/Company
or its sub-lessee.
The Corporation shall not be answerable to any dispute arising between
SPV/Company and its sub-lessees and no request for time extension shall be
entertained on this ground alone.
It will be sole responsibility of SPV/Company to follow the rules and regulations
of the concerned department regarding the registration of lease agreement or sub-
lease agreement with the respective departments of the State Government.
193
each case with or without payment of retention charges as applicable from time to
time.
The sub lessees of aloottee SPV/Company shall commence the production
activity on the land allotted to it within a period of 5 years from the date of handing
over possession of land to the allottee SPV/Company by the Corporation,
irrespective of date of execution of Lease Agreement with SPV/company or date of
subleaseagreementinfavourofitssub-lessee(s).
Production activity of the sub-lessee will be verified as per norms prescribed
under RIICO Disposal of Land Rules, 1979 along with amendments made therein
from time to time.
In case, any time extension is granted for development of park/project beyond
stipulated period, than, period for setting up of an individual unit by the Sub-
Lessee will extend automatically up-to such extended time period.
Change of land use will not be permitted on request of the allottee SPV/Company
once the lay out plan is approved by the Corporation; unless the Corporation is
satisfied that change of land use is essentially required for the park/project. But in
any case, no change of land use is permitted beyond prescribed limit of particular
use.
If the allottee SPV/Company fails to complete the requisite infrastructure on the
allotted land, within a period of 3 years or its sub lessees fails to commence the
production activity within a period of 5 years from the date of taking over
possession of land by the allottee SPV/Company, retention charges shall be levied
on or recoverable from the allottee SPV/Company as under:
a) Retention charges @ 1% per quarter or part thereof shall be applicable on
the allottee SPV/Company for non-completion of the development works
on the allotted land. Calculation of the retention charges shall be made on
the prevailing rate of allotment of the industrial area concerned. However,
where no rate of allotment of the area is fixed, retention charges shall be
calculated on the prevailing rate of allotment of the adjoining/nearest
industrial area of the Corporation.
b) Retention charges @ 1% per quarter or part thereof shall be applicable on
the allottee SPV/Company for land area lying un-utilized by the sub-
lessee(s) of the allottee SPV/Company and on un-allotted area in the
park/project. Calculation of retention charges shall be done on the
prevailing rate of allotment of the area concerned. However, where no rate
194
of allotment of the area is fixed, retention charges shall be calculated on the
prevailing rate of allotment of the adjoining/nearest industrial area of the
Corporation.
B. Stipulations/Regulations for the existing land allottee SPVs/Companies .
1. In cases, where land has already been allotted to the SPV/Company for
development of 'Cluster/ Park/Project' and the SPV/Company has not
completed the requisite infrastructure as per approved lay-out plan within
prescribed time limit given in allotment letter, one year additional time
period from the date of intimation to the SPV/Company will be allowed to
complete the requisite infrastructure without levy of retention charges.
2. In case, the SPV/Company fails to complete the infrastructure facilities
within the above extended time period of one year, then, the retention
charges will be levied on the SPV/Company from the date of expiry of said
one year up-to the date of completion of infrastructure/development works
as per approved lay-out plan. The rate of retention charges will be same as
mentioned in Clause 4.7(a) of this policy.
3. In case the individual sub-lessees of SPV/Company could not utilize the
land allotted to them or any part of land allotted to SPV is lying un-allotted
with SPV/Company, 2 years time period from the date of intimation to the
SPV/Company will be allowed for setting up of individual units by its sub-
lessee(s)/to utilize the un-allotted land area lying with SPV/Company,
without levy of retention charges.
4. In case, the sub-lessee(s) fails to set up their individual unit/un-allotted
land area is not utilized by the SPV/Company within the above mentioned
2 years period, then, retention charges will be levied as per Clause 4.7 (b)
of this policy, and it will be exclusive responsibility of the SPV/Company
to pay such retention charges to the Corporation.
(Policy approved by the IDC vide item (3) of its meeting held on
09.09.2015)
195
Form-K
1. Definition:
The "Plug & Play' facility means roof covered structure(s) in form of building(s) and/or
shed(s), single storey or multistoried, on land allotted by RIICO in its industrial area(s) that
could be rented out by allottee for non-polluting manufacturing industrial units including
information technology units.
2. Purpose:
Purpose of land allotment in such cases is defined as allotment of land for providing 'Plug and
Play' facility for setting up non-polluting manufacturing industrial units including information
technology units.
3.1 The allotment of land, under this policy, shall be made as per provisions of RIICO
Disposal of Land Rules, 1979 for facilitating Plug and Play facilities by the allottee.
However, the use(s) of Plug and Play facilities shall not be allowed for the industrial
units which are not permitted as per terms and conditions of Environment Clearance for
that industrial area.
3.2 In industrial areas other than saturated industrial areas, allotment of land for Plug and
Play facilities shall be at the prevailing rate of allotment of the industrial area concerned.
3.3 The allotment of land for Plug and Play facility will be considered after inviting
applications through publication of advertisement in the news papers. If numbers of
aplicants are more than one, allotment of land will be made through draw of lots.
3.4 In saturated industrial areas, allotment of land shall be made through auction (sealed
bids) for plots earmarked for allotment for Plug and Play facilities. Reserve rate for the
auction would be decided by the Reserve Price Fixing Committee.
3.5 25% premium amount and 1% security money will be deposited before allotment and
payment of balance 75% premium amount will be allowed in 7 quarterly interest bearing
installments. Normal interest @ 12% per annum will be levied from 121st day from the
date of allotment as per rules.
3.6 Service Charges will be levied from the allottee at the rate applicable to industrial plots.
3.7 In case plot is allotted in the industrial area/Zone specified for a particular
196
country/product then Plug and Play facility will be provided only to majority holding
companies of that country in the specified industrial area and for a particular product in
the specified zone.
3.8 The corporation being a Lessor will provide only outer infrastructure as per the
development scheme of the concerned industrial area. Internal development of the
premises will be the sole responsibility of the allottee as per plans approved by RIICO.
3.9 Water will be supplied as per the availability and as per provisions made in the
development scheme of the industrial area. No additional infrastructure shall be
demanded from RIICO to meet out the increased demand of water for providing "Plug
and Play" facility. The water requirement will also be assessed before giving permission
to the existing plot allottees who want to switch over to provide Plug and Play facilities.
3.10 Building parameters would be as applicable to the industrial plots as per RIICO Disposal
of Land Rules, 1979. However, the plot for providing Plug and Play facilities should be
located on the road having ROW 18 mtr and above. The building regulations, other than
building parameters, as specified above for the Plug and Play facilities shall be same as
building regulations applicable to commercial buildings ( as adopted by the
Corporation).
3.11 Built up area upto 4% of the permitted FAR shall be allowed for commercial facilities
and 2% of permitted FAR will be allowed for Recreational facilities subject to condition
that no sub-leasing of built up space will be permitted and the allottee will either use the
said space at their own or will provide on sub-letting basis.
3.12 In case "Plug and Play" facilities are to be provided in plots measuring 5 acres and
above, 5% of the permitted FAR shall be allowed for residential facilities for the benefits
of units and their employees. However, in any case, sub-leasing of the built up space
shall not be permitted and the allottee shall provide the built up space on sub-letting
basis.
3.13 The allottee shall be required to get the building plans for the Plug and Play facilities
approved from RIICO before commencement of construction. A committee comprising
of Unit head concerned, Sr.RM/RM/ARM and Sr. planning Assistant/Planning
Assistant will approve the building plans.
3.14 The allottee of plot shall be allowed 3 years time period for utilization of plot as per
rules. However, for allotment for Plug and Play facilities, utilization of land shall be
deemed if the construction is completed. For adjudging completion of construction,
minimum construction in atleast 20% of plot area on ground or permissible FAR shall be
mandatory and shall be verified by the Unit Head concerned.
3.15 Land use change of the plot allotted for Plug and Play facilities purposes shall not be
allowed. Also, transfer of plot/land allotted for Plug and Play facilities purposes shall not
197
be allowed for other purpose except for Plug and Play facilities.
3.16 Other provisions of the RIICO Disposal of Land Rules, 1979 as applicable on industrial
plots will be applicable to the plots allotted for Plug and Play facilities.
3.17 The Plug and Play facilities shall be allowed to be rented out by the allottee to one or
more parties for upto 19 years, at a time.
3.18 A suitable clause will be inserted by the allottee in the rent deed to the effect that in case
allotment of plot is cancelled by the lessor than the rent agreement executed between
allottee and tenant shall also stand cancelled. Without the above clause, the rent
agreement will not be treated as valid.
3.19 Rights and liabilities between the lessee and tenant will be determined amongst
themselves and these will not be binding on RIICO in any manner. However, such
mutual rights and liabilities will have to conform to the rules and regulations of RIICO
and terms and conditions of such allotment of land etc.
3.20 RIICO will not be answerable/responsible for any dispute arising between lessee and
tenant.
198
Form -L
Policy for existing plot allottee to provide 'Plug & Play' facility
1. In the situation when an existing plot allottee of industrial plot located on roads having
ROW 18 mtr and above and wants to switch over to provide 'Plug and Play' facility
before utilization of the allotted land than such situation would be deemed as change in
status of the land allottee i.e. from entrepreneur to facilitator/service provider. For
permitting such change in status of an existing allottee, an additional charges equivalent
to 0.25 times of the prevailing industrial rate will be levied. In these switch over cases,
the land allottee will have to complete the 'Plug and Play' arrangements within the
scheduled time as was allowed for setting up industrial unit.
(B) For existing plot allottees who have already utilized the industrial plot:
In the cases where an existing allottee of industrial plot, which is located on roads
having ROW 18 mtr and above, wants to switch over to provide 'Plug and Play' facility
after utilization of the allotted land than such cases would be deemed as change in status
of the land allottee i.e. from entrepreneur to facilitator/ service provider. For permitting
such change in status of an existing allottee, an additional charges equivalent to 0.25
times of the prevailing industrial rate will be levied. In these switch over cases, the land
allottee will have to complete the 'Plug and Play' arrangements within three years
period from the date of granting such permission.
(C) Other provisions related to transfer of plot, retention charges for granting time extension,
building parameters, built up area for supportive uses, etc. shall be same as per
provisions of the policy for allotment of plot for 'Plug & Play' facility. However,
RIICO will not provide additional infrastructure facilities, such as, water and power.
(D) A committee headed by MD and comprising of Advisor (Infra), STP/DTP and unit head
concerned as members will have powers to permit 'Plug & Play' facility to existing
industrial plot allottees.
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REGIONAL OFFICES
(Units)
Sr.
No.
Head Quarters Industrial areas administered
1. ABU ROAD Arbuda, Ambaji, Sheoganj, Sheoganj Ext.
Unit Head, Sirohi Road, Sirohi, Sarneshwar,
RIICO Ltd., Swaroopganj, Mandar, Growth Centre.
1 Ambaji Ind. Area
Abu Road-307 026
Ph. (02974) 226647 (O)
E-mail : aburoad@riico.co.in
2. AJMER Makhupura Ext., Makhupura (T.A.),
Unit Head, Gegal, Parbatpura, MTC, Kishangarh,
RIICO Ltd., Bijaynagar, Beawar, Kekri, Sarwar,
Vaishali Nagar, Gegal , Sri Nagar Marble Mandi,
Ajmer -305 006 Kishangarh, Woollen Complex, Gohna,
Ph. (0145) 2641143 (O) Bewanja, Beawar (Rampur Mewatian),
E-mail : ajmer@riico.co.in Silora, Saradhana, Ajay Meru
(Palra), Roopangarh, Sawar
3. ALWAR Matsya, Kherli, Rajgarh, Alwar
Unit Head, (TA), Khairthal, Thanagaji, Matsya Ext.,
RIICO Ltd., Rajgarh Ext., Khairthal Ext. Agro Food
DIC Moti Dungari Road, Park MIA (South& East Zone)
Alwar-302 001
Ph. (0144) 2700513 (O)
E-mail : alwar@riico.co.in
200
6. BHARATPUR Brij, Deeg, Bayana, Jurehra, Bari,
Unit Head, Bharatpur, Dholpur,(Odela) Dholpur
RIICO Ltd. (T.A), G.C Dholpur Ext.Vishnoda
Brij Ind. Area (Dholpur).
Bharatpur-321 001
Ph: (05644) 222881 (O)
E-mail : bharatpur@riico.co.in
7. BHILWARA Bhilwara, Bigod, Jahajpur, Growth
Unit Head, Centre Hamirgarh, Raila, Mandpiya,
RIICO Ltd., Ind. Area Kanya Kheri, Chittorgarh (Chanderia),
Biliya Road No. 2 Nimbahera, Kapasan, Manpur, Ajolia Ka
Bhilwara-311 001. Khera, Chittorgarh (T.A.), Chittorgarh
Ph. (01482) 260083(O) Ext.
260579 (Fax)
E-mail : bhilwara@riico.co.in
8. BHIWADI (Unit-I) Bhiwadi Ph-I to Phase IV Samtel Zone,
Unit Head, RIICO Ltd. Ghatal, Rampur Mundana. Kahrani.
Udyog Bhawan, RIICO Chowk,
Bhiwadi-301019
Ph: (01493) 220070 (O)
220169 (Fax)
E-mail : bhiwadi1@riico.co.in
9. BHIWADI (Unit-II) Chopanki, Khushkhera, Sarekhurd.
Unit Head, RIICO Ltd. Tapukara, Pathredi
RIICO Rest House Road,
Bhiwadi - 301019
Ph: (01493) 220811 (O)
220728 (Fax)
E-mail : bhiwadi2@riico.co.in
10. BIKANER Bichwal, Loonkaransar, Karni, Napasar,
Unit Head, Nokha, Rani Bazar, Khajuwala, Khara
RIICO Ltd., (Growth Cenntre), Sri Doongargarh.
Ind. Area, Bichhwal,
Bikaner-334002
Ph: (0151) 2250023 (O)
E-mail : bikaner@riico.co.in
201
11. BORANADA EPIP Boranada, Boranada, Agro Food
Unit Head, Park, Shilp Gram (Pal), Jaisalmer,
RIICO Ltd., Indl. Area Boranada, Shilpgram (Jaisalmer), Kishangahat
Jodhpur-342 00. Pokran.
Ph: (0231) 281410 (O)
E-mail : boranada@riico.co.in
12. GHILOTH Shahjahanpur and Ghiloth
Unit Head, RIICO Ltd.,
Shahjahanpur, Distt. Alwar-301706
Ph. (01494) 236011 (O) 236012(Fax)
E-mail : ghiloth@riico.co.in
13. JAIPUR (NORTH) Vishwakarma, Vishwakarma Ext.
Unit Head, Jhotwara (T.A.), Jetpura, Renwal,
RIICO Ltd. , Road No. 5 Kaladera, Akera Dungar, Sarnadungar Ph-
VKI Area, Jaipur-302 013 I, II, Manda.
Ph: (0141) 2330540 (O)
2333863 (Fax)
E-mail : jaipurnorth@riico.co.in
14. JAIPUR (RURAL) Bagru Old, Bagru Ext., Bagru Ext. Ph-II,
Unit Head, RIICO Ltd., Dudu, Shahpura, Kanakpura, Phulera, 22
22 Godam, Jaipur-302 005. Godown, Sudarshanpura, Bindayaka,
Ph:(0141) 2212808 (O), Kartarpura, Kukas, Manpur Macheri,
E-mail : jaipurrural@riico.co.in Sudarshanpura Ext., Kant Kalwar.
202
17. JODHPUIR Mandore, Phalodi, Khichan, Marudhar,
Unit Head, RIICO Ltd., Light Ind. Area (TA), Mini Growth
Industrial Estate, New Power House Centre Sangaria, BNPH Heavy (TA),
Road, Jodhpur-342 001 Electronic Complex, New Jodhpur, BKK.
Ph: (0291) 2430901 (O) 2742826 Mathania, Sangaria, Stone Park
(R), Fax: 2647092. Mandore.
E-mail : jodhpur@riico.co.in
18 JHUNJHUNU Chirawa, Pilani, Singhana, Jhunjhunu,
Unit Head, Churu, Sardarshahar, Ratangarh,
RIICO Ltd., Ind. Area, Taranagar, Sadulshahar, Sujangarh,
Jhunjhunu- 333001 Bidasar.
Ph: (01592) 250002 (O)
E-mail : jhunjhunu@riico.co.in
19 JHALAWAR Jhalra Patan, Jhalawar, Growth Centre
Unit Head, Ind. Estate, Jhalawar, Aklera, Bhawani
RIICO Ltd. Mandi, Gindore, Devrighata, Dhanodi.
Indl. Area Mama Bhanja phase-III,
Jhalawar-326001
Ph.(07432) 231358 (O)
231797 (Fax)
E-mail : jhalawar@riico.co.in
203
22 NEEMRANA Behror, Shahjahanpur, Kotputli,
Unit Head, RIICO Ltd. Neemrana, Sotanala.NIC (M).
EPIP, Neemrana-301706
District, Alwar.
Ph (01494) 246214 (O),
E-mail : neemrana@riico.co.in
204
DELHI OFFICE
RIICO LTD.,
Bikaner House
Pandara Road, New Delhi -110011
Ph. : 011-23388748, 23386233(O), 23389647 (F)
E-mail : newdelhi@riico.co.in
NOTES
205
POP # 94140 43784