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18. TRANSFER OF PLOT AND CHANGES IN CONSTITUTION |
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18(a) Transfer defined: For the purpose of this provision transfer of plot
(transfer of leasehold rights) will mean transfer of full plot, by way of
sale, lease, assignment etc. including Merger, Acquisition and Amalgamation
of the Companies. It will include transfer of plot/land by an
individual/firm/company or any other allottee/lessee
as the case may be. Notes: (i) The transferee will have the status of an allottee/lessee of the Corporation and all the rules and regulations of the Corporation will apply to the transferee 'Mutatis-Mutandis'. The transferee will be holding the land for the remaining lease period available in balance with the transferor of the land/plot. (ii) Lease period of 99 years will be computed from the date of original allotment in these transfer cases. (a-i) Transfer of
interest in Firm: If, at any stage holding / ownership interest of the proprietor/ promoter partners, who were there in the firm at the time of plot/land allotment as the case may be, goes down below 51% in the firm, the same will be treated as transfer of allotted plot for the purpose of these rules & transfer fee as prescribed below will be charged. (a-ii) Transfer of interest in Company: In case of private limited / public limited companies, plot transfer will be so treated if the allotted plot is transferred to a new company / firm. But when only shares of a company are transferred or Directors in the company are changed and the plot remains in the name of same company, it will not be treated as transfer of plot.
18(b)
Transfer Fee: (i) Transfer fee for transfer of industrial,
educational institutions and supportive services plots wherein the transfer
of the plot is taking place after
setting up of the project, will be
as under: Table-1
(ii)
In cases of transfer of plots allotted for residential and commercial
purposes, the transfer fee for the above nature of the cases will be as
under: |
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Table-2 |
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S.No. |
Type of plot |
Rate of transfer fee |
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1. |
Residential
plot |
1.5
times the rate of transfer fee applicable for transfer of industrial plot |
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2. |
Commercial
plot |
2
times the rate of transfer fee applicable for transfer of industrial plot. |
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(iii) In case of transfer of vacant plots the chrgeable transfer fee will be at 15% of the prevailing development charges 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. (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. |
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18(c) Exemptions: The following cases will be exempt from payment of transfer fee: (i) If transfer of plot/land or interest/holding in the firm is in favour of blood relations. The spouses shall also be treated at par with blood relatives. (ii) If the transfer of the land/plot is being affected due to sale of land/plot by Financial Institutions, RIICO, RFC, Banks, DRT or the competent Courts under the relevant Act, after taking over the assets of the unit. (iii) If the transfer of the land / plot is being affected in pursuance of rehabilitation scheme sanctioned/ approved by BIFR/AAIFR/Financial Institutions. (iv) If the plot is being transferred to a new firm wherein the transferor proprietor/partner(s) and / or their blood relations are holding controlling shares in the new transferee firm. (v) If an allottee proprietorship firm/partnership firm wants to carry out the business in changed name and / or style (converting into proprietorship firm/ partnership Firm/ Company as the case may be) provided the original proprietor/partners and / or their blood relations hold major share holding in the new set-up. (vi) If an allottee private limited / public limited company continues to carry out the business in its name irrespective of making changes in their board of director or carry out the business in the name of the company permitted by re-placing the name of existing company.
18(d)
Explanations and Notes: (i) 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 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. (Inserted/amended
as per decision taken by the IDC on 16.3.2001, 20.05.2004 &21.10.05 and vide item12 of its
meeting held on 27.10.08) 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 the transfer. 18(f) Exchange of Plots: (f-i) Mutual Exchange of Plots: Exchange of allotted industrial and residential plots of same size among allottees in the same industrial area/ residential colony can be allowed without charging any premium. (f-ii) Exchange
of allotted industrial plot with vacant plot in the industrial area with a
view to resolve the dispute: (a)
In case of plot allotted through normal procedure and the plot allottee is not in position to commence activities due to
land dispute, then equivalent size vacant plot may be allotted on original
allotment rate in the same area provided the area is non-saturated industrial
area and if no such plot is available in the said industrial area, then he
may be given an option to take a plot in other non-saturated industrial area.
(b)
In case of plot allotted in auction or under TBAY goes under dispute then plot
will not be exchanged and the deposited money can be refunded to the party alongwith interest with the approval of CMD. In saturated
industrial areas plots are auctioned after fixing the reserve price depending
upon the location of plot and the plot is auctioned on 'as is where is'
basis. However, on the request of party for allotment of alternate plot in
other non-saturated industrial area, plot may be allotted on the rate of
development charges prevailing in the area and the money deposited against the
disputed plot would be adjusted against the new plot. (c)
In case of plot allotted through normal procedure but at the time of
resolving the dispute the industrial area becomes saturated, in such cases
plot will not be exchanged in the same area and deposited money will be
refunded with interest with CMD approval. However, on the request of party
for allotment of alternate plot in other non-saturated industrial area, plot
may be allotted on the rate of development charges prevailing in the area and
the money deposited against the disputed plot will be adjusted against the
new plot. (d) In this policy, only those plots will be
considered under dispute wherein competent court has granted stay or there is
trespass of religious nature due to which the allottee
is not able to carry out the activities in the plot. (e)
The cut off date for seeking the relief will be two years from the date
of execution of lease deed or the
date of plot possession taken, whichever be earlier. In case of delay, only
deposited money will be refunded considering the plot allotment as cancelled
or surrendered. (f) In case area of the offered plot in the
same area is more than the area of plot allotted earlier then development
charges for the excess area will be levied at the prevailing rate in the
area. However, in case of deficit, in the area of offered plot, development
charges for the deficit area will be returned at the original rate of
allotment alongwith interest as per the Corporation
policy. (g) In case the rate of development charges of
the plot offered in exchange in other area is more than the rate of allotment
of original plot then the allottee will pay the
difference in development charges, however, in case the rate of development
charges is less, then the Corporation would refund the amount at the original
rate of allotment alongwith interest as per the
policy. ( inserted as per
decision taken by IDC on 27.12.2004) (f-iii) Exchange of Plots Allotted in Business
Campaigns : Further, plots allotted in Business Campaigns may be allowed for exchange by the unit head with vacant plot in the unsaturated industrial area on payment of a fee @ Rs.5/- per sqm. provided the rate of development charges in the area is unchanged. If the request for exchange of plot in the same area is accepted then the allottee shall not be charged on account of service charges and economic rent for the financial year during which the plot exchange has been allowed, for the exchanged plot if economic rent and service charges have been paid for the earlier plot. Any case of exchange of plot in saturated industrial areas will be decided by IDC. In case of allotted plot under depression or near to polluting unit, plot exchange will be permitted at the level of Executive Director subject to payment of fee @ Rs.5/-per sqm. All the cases of exchange of plot relating to industrial areas Bhiwadi, Chopanki and Khuskhera will be decided at HO Level. ( inserted as per decision taken by IDC on 12.8.2005) 18(g).
Surrender/ Cancellation of Plots allotted for any purpose such as
Industrial/ Residential/ Commercial/ Institutional: In
case the Corporation cancels allotted plot or if any allottee
or a lessee intends to surrender the plot or part thereof for any reason, the
Corporation may accept it on the condition as it may deem fit. In such cases
of plot surrender/ cancellation after 1st June 2004, the amount of
development charges recovered from the party will be refunded after dealing
the case in the following manner: (i) Service
charges, economic rent and interest on unpaid service charges and economic
rent till the date of surrender/cancellation of plots will be deducted from
the refundable amount. (ii) Security
deposit/ amount of keenness money will stand forfeited. (iii) Deduction
of development charges irrespective of date of plot allotment will be made as
under:
(iii-a) Consequent upon
surrender of the allotted plot (s): Table-3
(iii-b)
Consequent upon cancellation of the allotted plot(s): Table-4
(iv) The
interest received will not be refunded and outstanding interest till the date
of plot surrender or cancellation will be recovered and deducted from
refundable amount of development charges. (The policy is amended as per IDC
decision taken vide item 8 on 20.5.2004) (v)
Dispatch of the cheque of refund of amount sent by registered A.D. post
should be considered as refund of the amount under RIICO Disposal of Land
Rules, 1979 irrespective of non-
encashment or returning of the cheque by the concerned party to the Corporation.
The money shall be refunded only after the possession of the land is handed
over by the party or possession is taken as per orders of the competent court
/ authority or deemed possession of the vacant plot. (Substituted as
per IDC decision taken vide item 8 on 10.12.2001 and
item 8 on 27.12.2002. Inserted/amended as per item 31 of IDC meeting held on
10.2.2010) |
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(g-i) Conditional Surrender: For the purpose
of setting up of a new unit in joint venture with a foreign company, the allottee may be allowed to surrender his plot to RIICO.
The same plot may be allotted to the proposed new unit at the rate prevailing
on the date of allotment, irrespective of the priority list of the pending
applications and holding of controlling share by the original proprietor /
partner(s) / directors. (g-ii) Surrender of allotted plot/land by the khatedar: In case allottee Khatedar surrenders allotted plot, the amount of cash compensation may be paid as per award without interest after recovering outstanding dues towards economic rent and interest thereon and other dues, if any, till the date of surrender of the plot/land. (Inserted
as per approval of IDC vide item 14 of its meeting held on 27.10.2008) 18(h): The deposited amount shall be refunded alongwith interest as per the prescribed rate with the approval of the Managing Director in those cases where the allotment / possession of the plot could not be given by the Corporation due to court case or other unavoidable circumstances. However, the present rate of interest (w.e.f. 1.11.2003) is as following: |
Table-4
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1. |
If amount remains with the Corporation for a period less than 1 year |
@5.50% p.a. |
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2. |
If amount remains with the Corporation for a period of 1 year and above |
@6.00% p.a. |
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(Inserted as per IDC
decisions taken vide item 28 on 20.9.1997, item 6 on 21.2.1998 and office
order No. IPI/F-1 (9)2/82 dated |
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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 Development Charges 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. 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 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 surrender deed at his cost in favour of the Corporation. |