16. SUB
- LETTING & SUB-LEASING
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16(1) The allottee
of industrial plot may be allowed to
sublet the plot/ constructed premises for industrial purpose as well as for
opening of Post Office, Telecommunication Office, Police Station, Banks,
Govt. Dispensaries, Cellular Phone Facility, Godowns
and other establishments providing facilities for promotion of industries,
for any period, provided the allottee has cleared
the entire outstanding dues of the Corporation. However, the allottee will inform RIICO by registered A/D letter
before sub-letting the plot/ premises. 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 ( 3 ) Permission for renting out part of
building by allottee of nursing home / hospital Allottee of plot of nursing home / hospital may be permitted for sub-letting the plot or constructed building for supportive facilities to nursing home / hospital like drug store/medical shop, godown, diagnostic centre and food centre. Premium for permitting sub-letting of plots shall be charged @ 5% of prevailing rate of development charges of the area or one month rent agreed between lessee and tenant, whichever is higher, for every year. In case of nursing home / hospital prevailing rate of development charges of the area shall be 1.5 times the industrial rate in normal and saturated industrial areas and shall be equal to industrial rate in slow moving industrial areas. The facility for one time payment of premium equivalent to premium for six years at a time in advance shall also be available to allottees of nursing home/ hospital. However, no premium shall be charged if the supportive facilities as indicated above are provided by the allottee himself within the plot.
(Inserted as per decision taken by IDC
vide item 7 of the meeting held on 21.3.2002. ) 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 sub-leasing 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. (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-lease. (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 is 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 nay
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
05.07.2004) |
17.
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(A) Un-Utilized Land (B) Sub-Division of allotted plot &
after transfer of Sub-Divided Plots (C) Merger of Plots (D) Delegation of Powers 17 - (A): Unutilized
Land: Un-utilized land of the allotted plots shall revert back to the Corporation on expiry of the prescribed / extended period. Such unutilized land identified, and which can be re-planned by RIICO keeping in view the access to the land, would be deemed to have come into possession of RIICO on giving a 90 days notice to the allottee and also to the Financial Institution, if the land is mortgaged to such Institution. The development charges originally paid by the allottee for such unutilized land shall be refunded. However, the security money applicable to such unutilized land would be forfeited. Explanation:
The unutilized land would be
determined on the basis of the scheme submitted at the time of allotment and
the building constructed by the allottee. Regarding
the area of unutilized land, the decision of the Managing Director would be
final. 17 - (B): Sub-Division
of allotted plot & after transfer of Sub-Divided Plot(s): No sub division of allotted land / plot and after disposal / transfer of sub-divided plot(s) will be allowed except hereinafter provided in the rules: (i) Sub-division of industrial,
institutional (education) and supportive service plots (allotted) and after
transfer of sub divided plot(s) will be allowed only after the allottee has utilized land/plot for the purpose specified
to the said land/plot. In other words, sub division of vacant land/plots will
not be allowed. However, the cases
wherein sub division of the land/plot is being affected for the following
reasons, it could be allowed even before the unit is set up, on payment of
requisite charges and observance of all the technical requirements as may be
imposed while approving the sub division plan of the land/plot, technically,
by the approving authority: a. Sub division of the allotted land/ plot
between / amongst the partners of a firm on account of a family settlement. b. Sub division of the allotted land/ plot on
request of the allottee with consent of financing
institutions for realization of loan dues. c. Sub division of land / plot for setting up
of unit in different name & style by the same allottee
/ firm / company etc. d. Sub division of the allotted land/ plot by
the khatedars ( land allotted in lieu of cash
compensation).(inserted w.r.t item 14 of IDC
meeting held on 19.6.2009) (ii) Sub division and after transfer of sub divided land/ plot in all such qualifying cases of the subdivisions will be allowed on the following conditions and stipulations: a.
Subsequent sub-
division of sub-divided land/plots will not be permitted. b.
Land/Plot is not
allowed to be sub-divided in more than four parts of the plot including the part being
retained by the allottee. The smallest sub-divided
land/plot should be of size equal to minimum 25% of area of original plot.
However, while considering the request for change in land use(conversion) of
part industrial plot for the purpose of setting up of a weigh bridge on said
plot, the provision relating to smallest sub-divided plot area i.e. 25% of
area of original plot shall be relaxed. c. Minimum size of the sub-divided land /plot should never be below 500 sqm. d. Sub division of the land / plot should be in conformity with the general town planning norms. e. Original building line (front set back) will be maintained. Other set backs will also be in conformity with the relevant building parameters / set back norms. (iii) Provided that the provisions
as at 17-(B)-(ii) , above, of this Rule, will not be applicable on the plot
subdivision cases 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 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. (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. (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) 17-(B-1): Transfer Defined: For the purpose of this provision transfer of part land/ plot (transfer of leasehold 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 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. 17-B (2): Transfer Fee: Transfer of sub-divided land / plot subsequent to sub-division of the allotted land / plot in accordance with the above mentioned provisions / stipulations etc. can be allowed on payment of a transfer fee @ 10% of the prevailing industrial rate of the industrial area concerned. Exemptions: The following cases will be exempt 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 (Proprietorship / partnership) wherein the transferor proprietor / partners and / or their blood relations are holding controlling shares in the new transferee firm. (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 means husband, wife, sons, daughters, brothers, sisters, father, mother, grand father & grand son of the allottee. (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 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 . 17-(C): Merger of plots: Merger of allotted land/ plot(s) may be allowed, without any premium/charges, wherein the allottee proprietor / partners, in case of partnership firms / promoter directors, in case of the Companies of the merging land /plot(s) are either same or are in immediate blood relation or having major and controlling shares in both the merging plots/units. Further sub-division of plot constituted by merger of plots as above may also be allowed as per the provisions of sub-division of allotted land / plots as mentioned above in Rule 17-(B).
17- (D) : Delegation of Powers: The powers of sub-division of allotted land/plot will be exercised as follows:
(Amended
as per approval by the IDC vide item 22 of its meeting held on 15.4.2008) |