19. HOUSING IN INDUSTRIAL PLOTS

      Housing in the industrial plots will be allowed subject to the building regulations as per the following norms :

        (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. BUILDING

       REGULATIONS

In erection of factories and buildings, the lessees shall comply with the building regulations (as per Form 'E' & 'E'-1) as well as the Rules / Regulations of Municipal / Urban Improvement Trust / Development Authorities. They will also submit their building plans to concerned Sr. DGM/ SRM/ RM of the Corporation.

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.

(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.

(Inserted as per IDC decision taken vide item 5 on 9.7.1998 & item 21 & 29 on 13.11.2000).

 

20-(C). Change in land use of allotted land:

 

1.  Change in land use of allotted industrial plot or part thereof for commercial or other purposes other than residential and change of land use of allotted industrial or commercial plots for setting up of petrol pumps or petrol pump filling station cum service station may be allowed and approved by a committee constituted of Advisor (Infra), DTP and concerning unit head under chairmanship of ED subject to fulfilling of the prescribed norms.

 

2.  Allottee of industrial plot desirous of change in land use may apply to RIICO office in prescribed format, after 3 years of plot allotment, alongwith plans and utilization proposal of the plot, and non-refundable processing fee of Rs. 1,000/- in case of saturated industrial areas or Rs. 500/- for non-saturated industrial areas. The applicant would also indicate the proposed investment plan and detail as to how best the benefits under the New Investment Policy can be availed by him.  

                    

                         

3.  The allottee shall pay all land dues before making application for change of land use and shall submit NOC from the concerned financial institutions if the lease deed had been mortgaged.

4.  Conversion charges for considering change in the land use of an allotted industrial land for commercial purposes including for petrol pump:

 

Table-1

 

 

Type of Industrial Area

The rate of conversion charges w.e.f. 3rd Nov., 2004

a.

Saturated industrial areas

3 times the prevailing development charges of the industrial area, concerned.

 

b.

Normal industrial areas

2 times the prevailing development charges of the industrial area, concerned.

 

c.

Slow moving industrial areas

1 time the prevailing development charges of the industrial area, concerned.

 

 

 

 (Conversion Charges Rates revised as per IDC decision vide item 18 on 12 Oct., 2004).

 

5. For allowing the change of land use of allotted or converted commercial plots for setting up of petrol pump subject to fulfilling the prescribed norms and parameters, following conversion charges will be levied:

 

Table-2

 

Setting up of petrol pump on converted commercial plot

A token amount (lump sum) of Rs.100/- will be charged.

Setting up of petrol pump on commercial plot allotted in auction prior to 24.9.2003

No conversion charges will be levied.

Setting up of petrol pump on commercial plot allotted in auction on or after 24.9.2003

Conversion charges worked out as difference in rate of four times minus the rate finally paid by the allottee in multiple of industrial rate prevailing at the time of auction of the commercial plot and multiplied to the present industrial rate of the area, will be levied.

 

6.  In case of any institutional plot or plot allotted for any purpose other than commercial, change of land use for setting up of petrol pump will be considered at par with industrial plot.

(Inserted as per IDC decision taken vide item 4 on 10.11.2004)

 

 

7.  Land use conversion charges for the cases involving change in land use of an allotted industrial plot for educational /training institutes  purposes will be as under:

 

Table-3

 

Broad Classification

Sub Classification

Conversion Charges

 Change of land use of an allotted industrial plot/ land for educational /training institutes purposes.

 

Note: The educational/training institutes will bear due clearances of the statutory bodies concerned, and will be in conformity of their norms.

(a) For the educational institutes (the institute which imparts degree/ diploma) purposes.

 

0.25 times the prevailing development charges of the Industrial Area concerned

 

(b)Industrial Training Institutes (ITI)  and Polytechnic College

0.25 times of the prevailing development charges of the Industrial Area concerned.

(c) Other training Institutes imparting certificate courses (Vocational courses etc.) but excluding ITIs etc.

At par with commercial conversion i.e. 3 times the prevailing industrial rates.

 

 

7.1 The change of land use of allotted industrial plot from industrial to institutional would be allowed and approved by the committee of Advisor (Infra), DTP and concerning unit head under chairmanship of ED subject to fulfilling of the prescribed norms.

 

                   (Inserted as per IDC decision taken vide item 12 on 21.10.2005 and  further as  per approval  by  the IDC  vide item 14 of   its  meeting  held on 19 .6 .  2009 )

 

          8.    Land use conversion charges for permitting the change in land use in the following nature of cases will be as mentioned in Table–5, below:

 

a.       Nursing Home/Hospital/ Spa & Nutrition Institute to commercial use.

b.      Nursing Home/Hospital/Spa & Nutrition Institute to industrial use

c.       Industrial to Bio-Tech Educational Institute use.

d.      From a specified Commercial use to other commercial use (fulfilling the criteria of building regulations)

e.       For permitting restricted commercial use of an industrial plot allotted for  setting up of an automobile repairs and service center.

f.        Industrial to Nursing Home/Hospital use.

 

Table-4

 

 

S.No

Nature of the case

 

Recoverable charges

a.

 

 

 

 

 Nursing Home/ Hospital/ Spa & Nutrition Institute to commercial use

 

 

2.5 times the prevailing development charges of the industrial area, concerned.

 

b.

Nursing Home/ Hospital/ Spa & Nutrition Institute to  industrial use.

No conversion charges to be levied.

 

 

 

c.

Industrial to Bio-Tech Educational Institute.

No conversion charges to be levied.

d.

From a specified Commercial use to other commercial use (fulfilling the criteria of building regulations)

 

Three times the prevailing rate of Development Charges minus the rate paid at the time of the allotment. However the rate so worked out will never be below 25% of the prevailing rate of development charges of the industrial area concerned.

e.

An Industrial plot allotted for setting up of an automobile repairs and service center can be allowed for mixed use involving specific commercial use to the maximum extent of 25% of the total plot area.

·        At 3 times the rate of development charges of the industrial area concerned upto 25% of the plot area.

·        In case of violation of the ceiling of 25% of the total plot area to be put to commercial use, the allottee will be liable to pay the conversion charges at three times the rate of development charges of the industrial area concerned for total plot area.

·        The existing unauthorized mixed use by such allottees may also be regularized on payment of additional 10% payable conversion charges as above.

           

f.

Industrial to Nursing Home/Hospital use.

 

(i)  In un-saturated industrial areas:                0.5  times  the prevailing industrial rate.        

(ii) In saturated industrial areas:                   1 time of the prevailing industrial rate.

 

 

         Note:  The charges for change in land use as above, under para (8) of the rule, will apply to all the cases of land allotment for the purposes mentioned therein.

 

8.1    Conditions applying on case no (e)  of the above table:

 

(a)     The said mixed use will be allowed to the maximum extent of 25% of the total     plot area. The dealer will use the display area only for the sale of products under his dealership and related activities.

(b)     While permitting the above existing building parameters as prescribed to the industrial land will remain unchanged and would be observed.

(c)     Permission for above mixed use will not be permitted in the plots which are located on roads having right of way of less than 18.00 mts.

 

 (Inserted as per IDC decision taken vide item 3 on 20.1.2007 and  further amended as per decision of the IDC vide item 15 of its meeting held on 27.2.09 and  further as  per approval  by  the IDC  vide item 14 of   its  meeting  held on 19 .6 .  2009.   Ittem 'f' in  the table-5 above, inserted as per approval ny IDC  vide item 12 of the meeting held on 15.9.2009 )

 

8.2 : Permission to use an industrial plot for Warehousing purposes:

 

                    (i)            The allottee of an industrial plot will be permitted to use his plot for captive warehousing purposes without payment of any additional charges.  However, the above captive use of the plot for the said purpose will be allowed maximum 50% of the plot area. 

 

                   (ii)            In case the entire industrial plot is being used for warehousing purposes, without any industrial activity or it is not covered under the category of captive use as defined as above at (i), such activity shall be classified/ treated as commercial warehousing and therefore, the charges shall be applicable as mentioned hereunder.  However, said charges will be leviable on the built up space actually being used for warehousing purposes and not for the entire plot area.

 

                 (iii)            Charges for permitting use of an industrial plot for warehousing purposes will be as under:

 

(a)     For new applicants

         One time of the prevailing development charges of the industrial area concerned on the basis of built up space actually being used for warehousing purposes.

 

(b)     For regularization of existing warehousing activity in industrial plots:

         1.25 times the prevailing development charges of the industrial area concerned on the basis of built up space actually being used for warehousing purposes.

 

(amended as per item 24 of the IDC's meeting held on 16.12.2009)

 

   8.3:  Conversion of Land Use of part land of an industrial plot for the purpose of setting up of Weigh Bridge will be permitted observing requirement of minimum area i.e. 510 Sq. Meter for the same as well as other technical parameters as prescribed in the building regulations of the Corporation. For this purpose the conversion charges shall be recovered from allottee being treated as commercial purposes. The said conversion will be permitted notwithstanding with requirement of Rule 17-B(ii) which inter-alia provides that smallest sub-divided plot should be of size equal to minimum 25% of area of original plot.

(inserted as per item 24 of the meeting dt 16.12.2009)

 

8.4:  Permission to set up an Hotel on an allotted industrial plot:

 

An industrial plot can be permitted to be used for setting up of hotel without going for any change in land use for commercial purposes of the plot. In other words, for this facility the allottee concerned will not be required to pay any conversion charges. However, the allottee concerned will have to pay differential development charges worked out at the prevailing industrial rates less the development charges already paid at the time of allotment of the plot. The differential development charges as mentioned above would form part of the development charges (cost of industrial land) as updated at par with the development charges for the industrial land calculated at the rate of industrial area concerned and as may be prevailing at the time of seeking such permission.

 

The above  permission will be subject to observing the technical norms / building parameters etc. as are relevant to the hotel set up in the rules and also the requisite clearances from the statutory authority / bodies, if any required.

 

(inserted as per approval by IDC , item 8 of the meeting dt. 16.12.2009)

 

            9.  The allottee shall follow all prescribed parameters, building regulations,   town planning norms and terms and conditions as prescribed by the Corporation. 

 

10. As per the guidelines issued vide the Office Order No. 37/2003 dated 24.9.2003 if the requisite charges related to the change in land use are not deposited within a period of three months from the date of approving the change in the land use, then the approval/permission for change in land use will automatically lapse and in such cases no further correspondence or request will be entertained for the next three years. Howevert time extension for depositing the requisite conversion charges beyond the prescribed three months period can be granted as per the following authorization and on payment of interest at the rates mentioned here under:

 

Table-5

 

upto 12 months

with interest @ 12% per annum for the extended period.

By the Unit Head

Beyond 12 months

with interest @ 14% per annum for the extended period.

By Managing Director

 

    

Note: If the applicant still fails to deposit the charges by the extended time period then the above mentioned provisions of the policy/guidelines for debarring the applicant for applying for change in land use for the next three years will apply to the case.

 

(Inserted as per approval by the IDC  vide item 40 of its meeting held on 15.4.2008. Amended .further   as  per approval  by  the IDC  vide item 14 of   its  meeting  held on 19 .6 .  2009 )

 

11.       Following riders/conditons will be observed while considering the change in land use:

 

                                                  (i)            Change in land use of allotted industrial plots would not be allowed of vacant plots.  In other words, the allottees of industrial plot those have not set up an industry will not be permitted to change the land use to non-industrial purposes. 

 

 

 

                                                                                                 (ii)                        Change of land use of the allotted plots for    commercial/institutional purposes as permitted under this rule will be considred 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 criteria 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.    (amended as  per approval by the IDC  vide item 14 of   its  meeting held on 19.6 .  2009)

 

                                               (iii)             Land use for non-industrial purpose may be restricted up to 15% of the total scheme area of the industrial area concerned.

 

                                                                                               (iv)                        Parking space requirements and other traffic parameters will be strictly observed as per JDA/Local Bodies norms

 

 

                                                 (v)            Marriage Hall/Garden and an independent Banquet Hall will not be permitted while considering change in the land use for commercial purposes:

                                               (vi)            Time period for utilizing the allotted plot for the changed purposes will remain the same as allowed /available for the allotted plot and the construction related to the changed land use will be carried out  as per the approved plans/maps.

    

 

                         (Inserted as per approval by the IDC vide item 31 of its meeting held on 15.4.2008 and  further as  per approval  by  the IDC  vide item 14 of   its  meeting  held on 19 .6 .  2009/ i item 11  of the meeting 15.9.2009)

 

 12.  As a relaxation in the clause (2) and 11(i) of this rule, applications for the change in  land use can be entertained even before 3 years of the land allotment *and also for the vacant plots but on the following additional payments:

 

Table-7

                                   

1.

If the application is made upto 1 year of land allotment and original project is not set up.

 additional 30% conversion charges to be levied for making the application before the prescribed time limit plus  15% for conversion of vacant plot. Thereby total 45% additional conversion charges will be leviable.  

2.

If the application is made after 1 year of the allotment and upto 2 years of such date and original project is not set up.

additional 20% conversion for making the application before the prescribed time limit  plus 10% for conversion of vacant plot. Thereby total 30% additional conversion charges will be leviable.

3.

If the application is made after 2 years of the allotment and upto 3 years of such date and original project is not set up.

additional 10% conversion charges to be  levied for making the application before the time limit plus  5% for the conversion of the vacant land. Thereby total 15% additional conversion charges will be leviable.

4.

If the application is made after 3 years and upto 5 years of such date and original project is not set up.

(i) For application, no additional conversion charges as per   existing rules.

(ii) for conversion of vacant land, 5% additional conversion charges.

 

Note: * The Relaxation related  to land use conversion of the allotted vacant plots under the above sub-rule is applicable to the conversion cases for educational institutions purposes only.

 

(Inserted as per approval by the IDC vide item 31 of its meeting held on 15.4.2008 and  further insertion as  per approval  by  the IDC  vide item 14 of   its  meeting  held on 19 .6 .  2009. Inserted/amended as per approval of the IDC vide item14 of the meeting held on  15.9.2009)

 

Note : Detailed guidelines in this regard have been issued separately.

                        (Inserted as per IDC decision taken vide item 5 on 20.9.2003)