Last Updated: 18th July, 2011
These rules are called the APIIC Industrial Areas Allotment Regulations, 1998 & Amendments.
These Regulations shall always deem to apply for the allotments already made and to be made of plots, sheds, land, shops, godowns etc., by the Corporation in its Industrial Parks / Industrial Areas.
These Regulations shall not apply to those cases in respect of which decisions have already been taken and also in the cases pending before the Courts.
These Regulations shall come into effect from 1.6.98
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1. DEFINITIONS:
- "Corporation" means the Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC).
- "Managing Director" means the Managing Director of the Andhra Pradesh Industrial Infrastructure Corporation Limited including the one who is holding the post as additional charge;
- "Industrial Area ( Industrial Park)" means the industrial areas by whatever name it is called i.e., Industrial Estate (IE), Industrial Development Area (IDA), Self Employment Estate (SEIE), Assisted Private Industrial Estate (APIE), Wood Complex (WC), EE Industrial Estate(EEIE), Auto Nagar (AN), Mini Industrial Estate (MIE), Assisted Industrial Estate (AIE), Growth Centre, Integrated Infrastructure Development Center (IIDC), etc., developed by the Corporation or vested with it where plots, sheds, shops (mulgies), godowns, etc., are available for allotment including undeveloped land owned/ held by it.
- "Zonal Manager" means the officer of the Corporation who is appointed as Zonal Manager by the Corporation and includes the one who is holding the post as additional charge;
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"Deputy Zonal Manager" means the officer of the Corporation who was appointed as such and to whom the work of allotment of plots, sheds, houses, shops, godowns, etc., and the matters connected there-with is entrusted;
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"Manager" means the Officer of the Corporation who was appointed as such and to whom the work of allotment of plots, sheds, houses, shops, go downs, etc., and the matters connected there-with is entrusted:
- "Zonal Office" means the branch office of the Corporation located under the orders of the Managing Director with a specified jurisdiction of the industrial areas;
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"Sub-Zonal Office" means the sub-ordinate office of a zonal office headed by a Deputy Zonal Manager/Manager as per the orders of the Managing Director, and which is under the control of a Zonal Manager;
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"Allottee" means the individual or person including an incorporated body or a group of individuals (Partnership firm) to whom any premises have been allotted by the Corporation;
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2. PREPARATION OF SITE PLANS AND MEASURMENT OF PLOTS:
Zonal Manager shall ensure that for each Industrial Park / Industrial Development Park industrial area, detailed survey and measurements are done, site plans of Plots/sheds/shops/godowns, of all the common use areas earmarked for green (open) space, of all the common facilities for the industries are prepared and boundaries fixed, with standard boundary stones along with the details like dimensions, extent of plot/area. Survey No. in which the same are situated are made available in the Zonal and the concerned Sub-Zonal office for information of entrepreneurs. A typical site plan as annexed shall be adopted strictly for preparation of individual site plan. |
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3.NOTIFICATION IN NEWSPAPERS INVITING APPLICATIONS & PUBLICATION OF VACANCY
3.1 In the case of a new industrial area (phase or expansion) which is developed by the Corporation henceforth, the Zonal Managers shall cause publication of a notification in two newspapers one English and the other in Telugu which has got a wide circulation in the local area inviting entrepreneurs to file applications in Zonal Office/Sub-Zonal Office. Any application already received prior to publication of such Notification shall deem as though received on the date stipulated for receipt of the application in the Notification.
3.2 In case of existing industrial areas the details about the Vacant plots/ sheds/ shops/ godowns available for allotment, rate of land/shed cost etc. for a particular estate should be made available to the entrepreneurs by Zonal Manager/ Manager at the concerned Zonal/Sub-Zonal Office. All the Zonal Managers and Sub-Zonal Officers shall display the Industrial Area-wise vacancy position along with extents and layouts on Notice Boards of their offices in bold letters and exhibited prominently on the first of every month without fail.
3.3 The Zonal Manager should also communicate to the General Manager, District Industries Centre the details about the vacancy of Plots/sheds etc every month without fail.
3.4 The Zonal Manager should also advertise in English and Telugu newspapers the Industrial Area wise vacancy position quarterly or as prescribed by the Managing Director.
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4. APPLICATIONS FOR ALLOTMENT
4.1 Applications for allotment of Plot/Shed/Shop/godown in Industrial Parks / Industrial Development Parks for industrial purpose and also for common use facilities for industries shall be made in “on-line” (website: www.apiic.in) and the physical application the prescribed format (Form-1) shall be furnished within (2) days of filing the application on-line, in the nearest Zonal/Sub-Zonal Offices of APIIC.
4.2 The application forms can be obtained on payment of application cost from the Zonal/Sub-Zonal Office or from Head Office of the Corporation. The application will be delivered free of cost to SC/ ST entrepreneurs on production of a copy of caste certificate issued by the competent authority.
4.3 Wherever sufficient application forms are not available, Photostat copy of the prescribed application form for allotment of Plot/shed/shop/godown can also be used by entrepreneurs for filing applications. However at the time of submission of application, the application cost shall be remitted along with other payments.
4.4 Separate application for each industrial unit or for expansion of the existing industrial unit shall be submitted.
4.5 The applicant should not leave any blank column in the application form. If a particular column/ item is not applicable, the applicant shall write "Not Applicable (N.A.)”. No blanks shall be left over.
4.6 The application in full shape shall be accompanied by Earnest Money Deposit as detailed below together with non-refundable process fee of Rs. 1,000/- per application. The entrepreneurs who belong to SC or ST category are exempted from payment of Earnest Money Deposit. However they must pay the non-refundable process fee.
a) For Plots/land - 10% of Sale Consideration
b) For each Shed- 10% of Sale Consideration
c) For each Mulgi/small godown - 10% of Sale Consideration
d) For each shop in Commercial Complex - 10% of Sale Consideration
e) For each house/flat -10% of Sale Consideration
f) In the cases of allotment through 5% of the upset price fixed by the auction Corporation for each Plot/ Shed/ Shop/ godown etc.
4.7 The applicant must also enclose the following documents to the application:-
a) Detailed Project Report/profile with process flow chart, justifying the extent of the land/shed applied for with break-up, details of plot/shed already possessed, whether the premises are required for re-location (shifting) or expansion purposes manufacturing Process, proposed installed capacity (quantity and value), Power, water requirement etc, for the project.
b) Plant / Machinery layout of the proposed project and details of greenery/lawn to be maintained as per the norms of APPCB, if any
c) Copy of partnership deed, in case of existing partnership firm. In the case of proposed partnership firm, it should be stated "Promoter of proposed Partnership firm, giving the names and full addresses of all the partners.
d) A copy of Memorandum and Articles of Association in case of limited Companies and a copy of resolution authorizing the applicant to apply on behalf of the company; if the application is made in the capacity of a promoter of proposed company, same should clearly be stated as "Promoter of proposed Private/Public Ltd Company" and names and full addresses of ail the promoters may be indicated. If application is being made on behalf of a group of companies and if at the time of making application, it is not known as to which of the companies or a new private/public company from the group will implement the project, the applicant should clearly mention this in the application form and also enclose a list of the companies or individuals with full addresses who are likely to take part in implementation or promotion of the new company.
e) in the case of Co-operative Societies/ Societies registered under the Societies Registration Act, similar details as in the case of limited company may be furnished.
f) Certified copy of address proof
g) Copy of PAN Card for Identify Proof
h) 2 Photographs of the Applicant(s)
i) Any other relevant documents
j) Wherever applicable the copies of certificates relating to following items may be enclosed
I)Entrepreneurs Memorandum Part-I / Part-II (SSI Registration Certificate) issued by the District Industries Centre or any other relevant certificate;
II) Technical Education/Qualification of entrepreneurs/promoters.
III) Caste certificate issued by competent authority in case of SC/ST Entrepreneurs,
IV)Discharge certificate in case of ex-service men.
V) Self-employment registration in case of self-employed entrepreneurs,
VI)No Objection Certificate from A.P.Pollution Control Board (APPCB).
4.8 The Application duly filled-in along with enclosures must be delivered in any one of the concerned offices i.e. :
a) Sub-Zonal Office (Manager / DZM); or
b) Zonal Office;
4.9 Acknowledgement for the receipt of the application and a receipt towards payment of Earnest Money Deposit and Process fee in the prescribed format in Form 2 must be issued immediately by the concerned Zonal office or the Sub-Zonal office.
4.10 Receipts issued specifying the particular plot/shed or for which the EMD paid does not constitute any commitment on the part of the Corporation to allot the same to such applicant.
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5. REGISTRATION & SCRUTINY OF APPLICATIONS:
5.1 The Zonal Manager & Manager must get all the applications received in Zonal / Sub-Zonal Offices entered in the Applications Register maintained in the prescribed format in Form 3 at the Zonal / Sub-Zonal office.
5.2 All the applications received and registered in the Application Registers of the Sub-Zonal offices shall be verified by Zonal Manager / Manager as per the prescribed check memo in Form 4 within (3) days of receipt to find out whether the same are in full shape. Incomplete application shall be returned to the applicant along with Earnest Money Deposit immediately within 3 days of receipt of the same.
5.3The applications received on the same date shall be categorized into the following categories and priority for allotment shall be given in the following order:-
a) SC applicants:
1) 15% of the vacancies existing as on the date of consideration of application in the existing Industrial Parks;
b) ST applicants:
1) 6% of the vacancies existing as on the date of consideration of application in the existing Industrial Parks;
c)Ex-Servicemen: 5% of the vacancies existing as on the date of consideration of application;
d)The allottees who seek for adjoining plot/shed for expansion of their existing units in the same Industrial Area involving a minimum 25% expansion in the original installed capacity of the unit for the same line of manufacture.
e) Women entrepreneurs;
f)EDP trainees;
g) Technocrats having experience in the line of manufacture who intend to resign from the service in Government, Public or Private Undertakings for the purpose of setting up of industrial units;
h) Others
5.4 The above priorities will not apply in the cases of the industrial areas where allotment is through public auction.
5.5 In the new Industrial Parks, 16.2% number of plots to the Scheduled Caste entrepreneurs and 6% number of plots to the Scheduled Tribe entrepreneurs are allocated in all the new Industrial Parks
5.6 The Managing Director of the Corporation may issue guidelines for deciding allotments in case of certain industrial areas.
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6. PROVISIONAL ALLOTMENT:
6.1 All the applications received shall be placed in the meetings of State Level Allotment Committee (for the extents of more than 5 acres or wherein land cost is more than Rs.100 lakhs) and in the meetings of District Allotment Committees and Head Office Allotment Committee (up to the extent of 5 acres and wherein land cost is less than Rs.100 lakhs) and the provisional order or rejection of application as the case may be, shall be issued within (7) days from the date of receipt of minutes of the meetings.
6.2a) The minimum plot area in the Industrial Parks to be allotted for industrial purpose shall as per the prevailing guidelines / Government Orders issued by the competent authorities / Departments concerned
6.3 (a) On verification as per Check Memo.
If the application is in order and the plot/shed/shop/godown sought by the applicant is vacant the Zonal Manager shall process the same to include in the agenda for the Allotment Committee meeting and release provisional allotment in the prescribed proforma in Form 5 in favour of the applicant, on receipt of the minutes of the Allotment Committee as at 6.1 above.
(b) If the plot/shed/shop/godown sought by the applicant is not vacant, the Zonal Manager shall return the EMD duly giving reasons for not considering the application.
(c) Applications from the allottees, their firms, companies who were having plots/sheds/land in the Industrial areas developed by the Corporation and who are in arrears on any account like cost of plot/shed, interest, penalties, Property tax, etc shall be returned by the Zonal Manager/ Manager to the applicant along with the Earnest Money Deposit.
6.4 The provisional allotment letter should indicate the plot / shed / shop / godown / No. extent purpose of allotment, cost of land/shed/cost development charges.
6.5 Wherever possible a sketch with boundaries of plots and copy of site plan, items of infrastructure to be provided shall also be indicated along with the provisional allotment letter.
6.6 The allottee shall be liable to pay the entire cost of the land/ shed/ shop/godown/ as indicated in the provisional allotment with undertakings as prescribed therein within 90 days of the receipt of the provisional allotment letter failing which, the provisional allotment shall stand cancelled without any further notice.
6.7 Provisional Allotment letter should be despatched to the address of the allottee by registers post with Acknowledgment Due or handed over in person to the allottee under proper acknowledgement.
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7. FIXING OF COST OF PLOT/LAND/SHED
7.1 1.1 The rate of land cost and rate of development charges shall be fixed by the Corporation from time to time. The Corporation may increase or alter the land rate from time to time.
7.2 1.2 The cost of land and cost of development charges would be arrived at by multiplying total Plot (land) area with rate of land cost and rate of development charges respectively at which the allotment is made plus frontage charges. The frontage charges shall be added proportionately to the cost of land and cost of development charges.
7.3 1.3 The cost of the shed/shop/godown would include the land cost and development cost as mentioned above for the plot plus the cost of the superstructure to be fixed as per the current Standard Schedule of Rates duly taking into account the administrative charges, interest on expenditure for the construction period etc., and duly deducting cost of repairs, depreciation etc
7.4 1.4 The allotment shall be made at the cost of Plot/ Shed/ Shop/ Godown arrived at as per the rate, as fixed by the Corporation existing as on the date of release of provisional allotment letter.
7.5 (a) Frontage charges for plots/sheds located facing/abutting the National Highways/ State Highways, or the Service Road of the Corporation parallel to the N.H. / S.H, shall be levied at 15% of the cost land cost and development cost. For plots/sheds located facing abutting District/PWD and ZP roads, or the service road of the Corporation parallel to District/PWD road frontage charges shall be levied at 10% of the cost of the land and development cost.
(b) Even if service roads formed by Corporation divide the plots/sheds from the National Highways/State Highways etc., frontage charges shall be levied at the prescribed rates
(c) Frontage charges shall be levied upto a maximum extent of 20,000 Sq.Mtrs. per allotment.
(d)In respect of sheds, frontage charges shall be levied only on the cost of plot area.
(e) Frontage charges levied shall form part of the cost of plot/land/shed/shop/godown.
(f) For allotments made through public auction no further frontage charges need be levied on the highest bid amount
(g)For plots allotted at commercial rates, frontage charges need not be levied.
(h) Zonal Managers should ensure that wherever applicable frontage charges at the prescribed rates are levied and included in the allotment letter.
7.6 (a) The SC / SC converted into Christianity or Buddhism / ST entrepreneurs are granted 33 1/3 % rebate (subject to a maximum of Rs.10,00,000/- (Rupees Ten lakhs only) on land cost as one time concession on production of Caste certificate obtained from competent authority.
(b) The rebate of 33 1/3% on land cost (subject to maximum of Rs.10,00,000/-) is granted in the case of proprietary concern of SC / SC converted into Christianity or Buddhism / ST entrepreneurs and in the case partnership firm where 100% share of capital and also in profit or loss of one or more partners belonging to SC / SC converted into Christianity or Buddhism / ST entrepreneurs or a combination of both SC and/or SC converted into Christianity or Buddhism and/or ST entrepreneurs and that their share shall not be less than 100% till execution and registration of Sale Deed by Corporation.
(c) However, in case of dilution of their share (both in capital and profit or loss in partnership firms) to less than 100%, the rebate so granted stands automatically withdrawn from the date of dilution of the share (s) to less than 100% and the amount of rebate so granted shall become payable by the allottee (s) within one month of date of issue of notice. If the amount is not paid within the stipulated period, interest will be charged from the 31st day of receipt of such notice by the allottee till payment of differential amount. The rate of interest shall be as in force in the Corporation as on the date of notice to the allottee.
(d) In respect of companies registered under the Companies Act and such other corporate bodies, the above rebate meant for SC / SC converted into Christianity or Buddhism / ST allottees would not be applicable.
(e) In cases of plots or sheds which have been resumed and under re-allotment, the structures/ additions, if any, put up by the erstwhile allottees, shall be valued at the Standard Schedule of rates at the time of re-allotment and the cost of such structures shall also be collected along with the land or shed cost. No rebate in the value of the structures, additions made by the erstwhile allottee(s) will be given when plot/shed is re-allotted to SC/ SC converted into Christianity or Buddhism / ST entrepreneurs (Proprietary or Partnership firms).
7.7 For allotment of land for common use facilities earmarked in the sanctioned layout plan, the cost of the land would be as follows:
(a) At free of cost for:
(i) Post office subject to a maximum of 500 sqmts;
(ii) Fire station subject to a maximum of 1000 sqmt;
(iii) Police station subject to maximum of 500 sqmt;
(iv) Government/ ESI Dispensaries subject to a maximum of 500 sqmts;
(v) Telecom Department subject to a maximum of 1000 sq.mts; Beyond this extent, commercial rates would be charged.
(b) At Acquisition cost together with interest at 15% till the date of allotment along with 10% cost of the land, if the land cost is tentative for :
i) APSEB;
ii) APSRTC;
(c) If the land earmarked for common facility is not allotted to any one and all the common utilities/services are available in the Industrial Park, vacant land in Common Facilities Area can be considered for allotment for industrial use at normal rate of land cost.
(d) At commercial rate i.e., at 1-½ (one and half) times of the land cost prevailing as on the date of allotment for :
(i)Banks;
(ii) Dispensaries run by private individuals/missionaries;
(iii) Any other commercial purposes;
(e) An extent not exceeding 500.00 Sq.Mts. would be earmarked for the Service Society of the industries located in the industrial area on lease basis for a period of 25 years with lease rent of Rs.1/- per Sq.Mtr. per annum and to consider allotment only after the Service Society mobilizes necessary capital funds for construction of building or for any activity of the Corporation.
7.8 If at any time excess area is found in possession of the allottee, land cost as on date of allotment and interest at rates prescribed from the date of allotment till date of payment would be charged.
In case an allottee encroaches any land of the Corporation over and above the area allotted/ delivered possession to him and if such encroachment is found to be objectionable, the encroachment shall be removed by the Manager. However if such encroachment is found to be not objectionable, the same may be considered for regularization depending upon the merits of each case duly charging land cost at the time of allotment plus interest thereon at the rates specified by the Corporation or the land cost prevailing as on the date of detection of encroachment whichever is higher.
7.9In case of lands acquired under Land Acquisition Act for which final compensation has not been decided and Government land for which no cost has been fixed, the allottees should execute an Undertaking in Form 6 that they would pay additional land cost if there is any enhancement of land cost as indicated by the Corporation.
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8. ALLOTMENT BY ACTION:
8.1 Plots/Sheds/shops/godowns etc., in the industrial areas as specified by the Corporation from time to time would be allotted through Public auction.
8.2 In respect of shops and godowns allotted through public auction, terrace rights shall continue to vest with the Corporation only including the right for making further additions over the same. The Zonal Manager shall advertise such vacant plots/sheds/shops/godowns whose allotment is to be done by public auction in the local news papers at least once in two months giving details of date and time of auction and the upset price etc. 5% of the upset price specified by Corporation shall have to be deposited towards Earnest money Deposit by way of a Demand Draft/Cheque/Pay Order drawn on a local scheduled bank in favour of APIIC Ltd. before participation in auction.
8.3 The plots/sheds allotted by Public auction shall be utilized for industrial purposes only.
8.4 The Public auction shall be conducted in a closed hall at the venue and on the date and time specified by the Corporation as per the procedure prescribed hereunder.
i. A Register of Bidders with the following details shall be maintained by the Zonal Office.
| Sl No. |
Token No |
Name of the
bidder with address |
Name of Indl. area and plot/ shed/shop No.for which he intends to participate in auction |
Upset
price of theunit |
DD No. date/Bank |
Amount of bidder Bidder Ack.
Ack.of DD/ BC/PO of atColumn (6) |
Signature |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
ii) The amount of Security Deposit in the shape of DD should be collected by Zonal Office before commencement of auction duly entering the details in the Bidders Register in the format prescribed.
iii) Name of the bidder and token No. in the register may be written on the back of the DD with pencil for easy identification and returning of DDs to the concerned unsuccessful bidders immediately after conclusion of the public auction.
iv) The bidders who have remitted the amount of Earnest Money Deposit along with one individual may be allowed to enter and occupy their seats in the auction hall only before ten (10) minutes prior to the commencement of auction.
v) Only one individual may be allowed to accompany the bidder inside the venue.
vi) After the highest bid is accepted, the same shall be recorded in the Bidders Register.
vii) Official receipt may be issued for the amount of Earnest Money Deposit remitted by successful bidder immediately after the bid is accepted.
viii) The DD/BC/PO may be returned to the concerned unsuccessful bidders immediately after the Public auction is over duly obtaining their acknowledgement in the Bidders Register.
8.5 If any entrepreneur desires to participate in bidding for more than one plot/ shed/ shop/ godown separate Security Deposit shall be made for each plot/ shed/ shop/ godown before commencement of auction for the (first) plot/ shed/ shop/ godown.
8.6Unsuccessful bidder for a particular plot/ shed/ godown may be allowed to participate in the auction for another shop/ godown with the same Security Deposit, if the Security Deposit amount already deposited by him/her is not less than the amount prescribed for the next Plot/ shed /shop/ godown etc.
8.7 Immediately after the auction is over, Zonal Manager shall give a letter of offer to the successful bidder stipulating that the successful bidder is required to pay 50% of the accepted bid amount less the earnest money deposit already paid in the case of industrial plot/ shed/ shop/ godown and file a regular application for allotment within (7) days of the date of the letter of offer.
8.8 If the highest bidder fails to make the payment within the stipulated time, the Earnest Money Deposit paid shall be forfeited. No extension of time for payment of amount shall be considers under any circumstances.
8.9 If the upset price fixed by the Corporation is not forth-coming from any one of the bidders, the auction shall be cancelled forthwith and a report should be sent to Managing Director.
8.10 The Corporation reserves its right to cancel/postpone the auction at any time without any notice or assigning any reasons there-for.
8.11 After the application by the successful bidder is filed along with necessary enclosures and 50% of the accepted bid amount is paid, the Zonal Manager shall issue provisional allotment letter in the prescribed format in form 5 indicating the balance amount payable i.e., 50% as the case may be, and the other terms and conditions to be fulfilled. This amount shall be paid within (60) days from the date of auction.
8.12 Possession of the Plot/ Shed/ godown /shop shall be handed over to the successful bidder only after receipt of entire accepted bid amount and fulfillment of the other terms and conditions of provisional allotment letter.
8.13(a) The upset value of plot/ shed / shop/ godown would be the sum of the total of the plot value and the structure value. The highest value out of the following three values shall be adopted as the value of the plot (land) area.
i) Latest sale transactions taken place in and around the vicinity as per the registration office extracts;
ii) Market values maintained in the basic valuation registers of the concerned Sub-Registrar's office; and
iii) Cost of land worked out as per the norms prescribed by the Corporation in that particular industrial area;
(b) Valuation of the super-structure of the shed/shop/godown proposed to be allotted through public auction should be fixed as per the current SSR rates as prescribed
(c) The upset value so arrived at, should be got confirmed from Head Office.
8.14 The evicted or defaulted tenants/occupants of the plots/sheds/shops are eligible to participate in the auction only after payment of all the dues to the Corporation.
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9. PAYMENTS:
9.1 The entire cost of plot, shed, shop, godowns etc (balance cost in case of allotment by auction) shall be collected by Zonal Manager/ Manager within 90 days of receipt of provisional allotment letters by the allottees. In Autonagars, 50% cost shall be paid without interest within 90 days and the balance 50% between 91st day to 180 days with interest. In respect of allotments made by auction, the entire cost is to be collected as per Clause Nos.8.9 and 8.13.
9.2 Any payment to the Corporation shall be through crossed Demand Draft / Bankers Cheque / Pay Order in favour of the Andhra Pradesh Industrial Infrastructure Corporation Limited, payable locally.
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10. ALTERNATE PLOTS:
10.1 The requests for allotment of alternate plots shall be made in writing to the Zonal Manager / Manager within 30 days of receipt of provisional allotment letter. No application shall be considered if the requests are made thereafter.
10.2 Zonal Managers on the request made by an allottee in writing may within 15 days of the receipt of request consider for allotment of alternate plot in the same industrial area, provided the area of the alternate plot considered for allotment is more or less equal to the original extent allotted. If the area of the alternate plot exceeds by more than 20% over the area of the plot originally allotted, such requests may be considered with the approval of Managing Director. However the time limit for payment of land cost and other dues for alternate plot shall be within the time limit for payment for original allotment.
10.3 If there is any increase in land rate between the date of original allotment and the date of allotment of alternate plot, the land cost rate prevailing as on the date of allotment of alternate plot shall be levied for the entire plot.
10.4 If the alternate plot sought for is abutting the National High way/State High way/District road/PWD road etc, the frontage charges applicable at the rate prevailing as on the date of allotment of alternate plot on the cost the alternate plot shall be levied and collected.
10.5 Requests for allotment of alternate plots may be considered provided the same is clearly vacant, i.e., free from any court action, dispute etc., as on the date of request for re-allotment.
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11. FINAL ALLOTMENT ORDER:
11.1 The Zonal Manager shall issue Final allotment letter in prescribed proforma in Form-7 within (7) days from the date of payment of the entire cost of the plot/ shed/ godown/ shop along with other dues, execution of Undertaking in Form-6 and fulfillment of other formalities as stipulated in the provisional allotment orders.
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12. EXECUTION OF AGREEMENT OF SALE:
12.1 Agreement of sale in the prescribed format shall be executed by the allottee and the Zonal Manager / Deputy Zonal Manager on behalf of Corporation within one month from date of receipt of final allotment letter or payment of land/shed cost in full. Notice shall be issued to the allottee immediately after expiry of (30) days from the date of issue of final allotment letter for execution of agreement and for taking possession.
12.2 The Original sale agreement shall be got registered and the expenses towards stamp duty, registration charges and incidental shall be borne by the allottee. Copies of the sale agreement shall not be got registered.
12.3 Notice shall be issued to the allottee immediately after expiry of 30 days from the date of issue of final allotment letter for execution of agreement of sale and for taking possession.
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13. PHYSICAL POSSESSION:
13.1 Physical possession shall be delivered only after fulfillment of all the terms and conditions of the provisional allotment order i.e., payment of entire land/ shed/ shop/ godown cost and execution of sale agreement and undertakings, and registration of the sale agreement (original one only) the Zonal Manager / Manager shall cause actual plot / plot area of shed be measured physically and the boundaries of plot / plot area of shed fixed on ground. Zonal Manager / Manager shall satisfy himself that the correct area is arrived and they would be responsible for measurement of the land. Possession certificate in the prescribed format in Form-9 duly mentioning the exact area shall be signed by both the allottee and by Zonal Manager / Manager on behalf of the Corporation at the time of handing over possession of plot / shed / shop / godown.
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14. MONITORING OF IMPLEMENTATION OF PROJECTS:
14.1 a) The allottee should within (6) months of being put in possession of the plot/land commence construction of factory buildings after securing necessary clearances from the competent authorities, like building plan approvals, filing application with APTRANSCO, other permissions/clearances etc., The allottee shall go into commercial production duly erecting machinery and obtaining regular power supply connection within two years of being put in possession of the allotted plot/land implement the project in full as envisaged as per the Project Report submitted by him at the time of filing the application for allotment.
b) b) In respect of the sheds, the allottee shall within (3) months of being put in possession of the said shed, file application with APTRANSCO for power supply connection and obtain other necessary permissions from the competent authorities. The allottee shall go into commercial production duly erecting machinery and obtaining regular power supply connection within one year of being put in possession of the allotted shed.
14.2 The allottee must submit to the concerned Zonal Manager reports about the progress in implementation. It shall be the duty of the concerned Zonal Manager & Manager to inspect the premises at least once in every (3) months to verify progress on the implementation and assess the progress of implementation and record his findings in the proforma prescribed. The Zonal Manager should also forward a copy of Inspection Reports in the prescribed format (form 10) to Head Office. If the Zonal Manager fails to submit such Reports to Head Office, he shall obtain prior permission of Head Office before execution of Sale Deed in favour of the allottee.
14.3 During such inspections by the Zonal Manager / Deputy Zonal Manager to the premises allotted if there are any amounts outstanding to be paid to APIIC and are over due or if it is found that the project has not been fully implemented even after completion of two years from the date of final allotment, then steps shall be taken for cancellation of allotment immediately as per the procedure prescribed.
14.4 The inspection report in respect of each allotment shall be submitted in duplicate in the form prescribed (Form 10) once in 3 months to the Corporate Office of APIIC. All this information would be computerized and kept on record until the time all conditions are fulfilled and sale deed is executed. Once the sale deed is executed, the relevant file may be closed and sent to records. Wherever conditions are not fulfilled, effective follow up action shall be taken case-wise / Industrial Park wise.
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15. CANCELLARATION & WITHDRAWEL OF ALLOTMENT:
15.1 In case of failure on, the part of the allottee to make total payment towards cost of allotment of plot/ shed/ shop/ godown within the stipulated time of 90 days from the date of receipt of Provisional allotment letter, the Zonal Manager/Deputy Zonal Manager shall cancel the provisional allotment immediately on completion of 90 days (60 days in case of auction allotments).
15.2 Even though total cost is paid by the allottee, but if he fails to execute agreement of sale and take physical possession within the stipulated time of 30 days, the provisional allotment letter should be withdrawn by the Zonal Manager/Deputy Zonal Manager. The Zonal Manager/Deputy Zonal Manager would issue a notice to the allottee to the effect that if the allottee fails to execute agreement of sale within 15 days of receipt of notice the provisional allotment letter would be treated as withdrawn.
15.3 If the allottee fails to pay the dues of the Corporation in full or if the allottee violates any terms and conditions of provisional allotment order and of sale agreement or if the allottee fails to implement the project fully within the stipulated time of two years from the date of execution of sale agreement, the Zonal Manager/Deputy Zonal Manager should issue a 15 days notice in the prescribed proforma in Form-11 to the allottee to show cause why the allotment should not be cancelled for violation of terms and conditions of provisional allotment order and sale agreement. In case allottee give a written explanation for the notice, the Zonal Manager/Deputy Zonal Manager shall examine the explanation given by the allottee after examining the explanation of the party, if the Zonal Manager/Deputy Zonal Manager is satisfied that this is a fit case for cancellation, the Zonal Manager/Deputy Zonal Manager shall issue Cancellation Orders-cum-Resumption Notice in the prescribed proforma (Form No 12) duly indicating the date by which plot/shed/shop/godown shall be surrendered and the date after which the plot/shed/shop/godown will be resumed in the event of failure of the allottee to surrender the same or to pay the outstanding dues along with application of restoration with penalty for restoration and to file other enclosures prescribed.
Provided if the allottee has paid the total cost of the property allotted along with other dues but failed to implement the project fully, Zonal Managers shall give the their justification for cancellation.
15.4 The Cancellation Orders cum Resumption Notice shall be sent to the address given in the Application form or to the last known address of the allottee by post under Registered Post & Ack. Due and Certificate of Posting. If the Acknowledgment towards receipt of the cancellation orders is not received within a reasonable time say 10 days time, confirmation must be obtained from the concerned Post Office. Copy of the Cancellation-cum-Resumption Notice shall also be sent to the APSFC / Financial Institutions, in case No Objection Certificate is issued to such Financial Institutions by the Zonal Managers for financing the unit.
A copy of the Cancellation Order cum Resumption Notice must also be affixed on conspicuous place in the premises of the plot/shed/shop/godown in the presence of three witnesses.
The envelopes returned by the Postal Department undelivered to the addressee must be filed in the file as it is.
15.5 On the date subsequent to mentioned in the Cancellation Order cum Resumption Notice, the Deputy Zonal Manager / Manager shall enter the premises under the right of re-entry in the presence of witnesses duly conducting a Resumption Report on the spot.
Copies of Resumption Report must be sent to the defaulter allottee by Registered post & Acknowledgment Due, a copy of it must be got affixed on conspicuous place of the premises in the presence of (3) mediators along with detailed addresses. While resuming the premises, (colour) photographs should be taken showing the physical features / damages caused to the premises. Immediately after completion of the resumption of the premises, Deputy Zonal Manager / Manager should get a Notice affixed on the premises resumed by APIIC "Trespassers will be prosecuted” and ensure that the premises are protected from trespass by the defaulter allottee or any other person. After resumption of the premises, Deputy Zonal Manager/Assistant Zonal Manager must address the concerned Station House Officer for keeping a watch over the public property of the premises. Any articles that were taken into the custody by Deputy Zonal Manage / Assistant Zonal Manager during Panchanama, same may be disposed off duly obtaining prior permission of Managing Director.
15.6 Plot/ shed/ shop/ godown resumed shall be allotted on current rates as per the procedure as early as possible,
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| 16. RESTORATION:
16.1 The Corporation may consider restoration of allotment orders in exceptional cases as provided hereunder.
16.2 In the cases where allotment is cancelled for non-implementation of the project, any request for restoration of allotment shall be made to Zonal Manager within one month of receipt of Cancellation Orders cum Resumption Notice along with credible documentary evidence of project implementation with documentary support of institutional finance / EPC contract or such other evidence as necessary along-with an undertaking on Rs. 100/- Non-Judicial stamp paper for completing implementation of the project in the prescribed proforma in Form No 13-A along with the penalty for restoration of allotment. In exceptional cases the time for filing of application for restoration can be extended upto one more month for the reasons to be recorded in writing by the Zonal Manager.
16.3 In cases where allotments are cancelled for non payment of land cost and other dues, any request for restoration of allotment shall be made to Zonal Manager in writing within one month of date of receipt of cancellation orders. In exceptional cases the time for filing of application for restoration can be extended upto one more month for reasons to be recorded in writing.
16.4 On receipt of application for restoration within the prescribed time with documentary evidence as prescribed, the merits of each case have to be examined in detail and Zonal Manager with the formal approval of the Managing Director may issue orders for restoration of the allotment, in the prescribed proforma in Form-13 subject to fulfillment of the conditions as specified in restoration orders by the allottee. If the case is not fit for restoration or the application is not received within the stipulated time with documentary evidence etc., the Zonal Manager shall reject the application for restoration. In any case final decision shall be communicated by Zonal Manager to the applicant.
16.5 a) Wherever, restoration of allotments which are cancelled for non-implementation of projects, non-payment of land cost and non-execution of sale agreement or for any other reasons, are considered, the Corporation shall levy 2% penalty on the prevailing land cost on the plot area (even in the case of sheds, shops, godowns) at the time of restoration or as per the prescribed rates fixed/revised from time to time.
16.6 No restoration of allotment shall be issued if the allottee is in arrears to the Corporation.
16.7 If the allottee fails to implement the Project within the time stipulated in the restoration orders, the Zonal Manager shall revoke/withdraw the restoration of allotment and shall issue cancellation orders along with resumption notice stipulating time for surrendering possession of plot/shed/ shop in the prescribed proforma. After expiry of the stipulated period, the Zonal Manager / Manager shall resume possession of plot/shed.
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| 17. REFUNDS
17.1 (a) If any applicant makes a request for refund of EMD paid by him withdrawing his allotment application before provisional allotment is issued, full EMD shall be refunded. The Process fee is not refundable.
(b) Those applications for which allotment could not be considered for want of vacant plots/ sheds or stand rejected, full EMD shall be refunded. However the process fee is not refundable.
(c) If the allotment letter for land/plot/shed/godown is issued but the allottee fails to comply with the terms and conditions of allotment and consequent to cancellation, the EMD to be forfeited as follows:
i) For plot/land upto 1 acre .. Rs.10,000/-
ii) For plot/land above 1.00 acre .. Rs.10,000/- per acre or part
thereof.
(d) No interest is payable to the allottee on the EMD / amounts refundable.
17.2 If the allotment is cancelled and the plot/ shed/ godown/ shop is resumed, and if the allottee fails to apply for restoration of allotment within one month of receipt of cancellation orders or if the allottee surrender the plot/ shed/ godown/ shop, the amounts paid by the allottee including EMD stand forfeited as per the terms and conditions of agreement. However, as a measure of goodwill gesture, the Corporation may at its discretion, consider refund of amount as indicated below. The refund cannot be claimed as a matter of right.
(a) Only after the deed of Cancellation is executed and got registered, refund may be considered.
(b)No interest shall be payable to the allottee on the amounts paid by him.
(c) Amount to be deducted @ 5% per annum or part thereof on the cost of original allotment taking the period of occupation of the plot/land/shed/shop into account apart from the forfeiture of EMD @ Rs10,000/- per acre or part thereof. Refunds would be made duly deducting the amount so arrived at from the payments made by the allottee to Corporation towards cost of Plot/shed etc.
(d) The amount paid towards interest component would be deleted from the amount paid by the allottee while refunding amount. Interest on arrears payable by the allottee as on date of surrender/ resumption however would not be deducted from out of the amounts paid by the allottee.
(e) The amounts paid towards process fee, penalties, surcharge etc. are not refundable.
(f) The amount towards repairs, damages caused, loss, theft of fittings, shall be deducted out of the amount if any refundable to the allottee.
(g) In case where possession was not delivered, the amounts paid towards the cost plot/ shed/ godown/ shop shall be refunded duly forfeiting the EMD as at 17.1 (c) and the process fee.
(h) In case the amounts paid by the allottee are lesser than the amount to be deducted, no amount is refundable to the allottee.
(i) In case power supply is obtained by the allottee, a "No Dues Certificate" and "Dismantling Certificate" of the power connection by the APSEB shall be submitted before refund.
(j) Dues in respect of water charges shall be deducted for the actual consumption as against the maximum rate as per the agreement.
(k) The allottee shall also pay the property tax, to the local body/ authority and a certificate to this effect shall be furnished before refund.
17.3 If there are any buildings/additional structures made by the allottee on the Plot/ shed, the Corporation may at its option either refund the cost of such structures as assessed by it, after it is realized from the re-allottee or adjust the amount towards rental demands for period of occupation of the property by the allottee or otherwise direct the allottee for removal of the same at his cost within such time as may be allowed by it as per the terms of the Agreement.
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18. CHANGES IN CONSTITUTION/TRANSFER OF ALLOTMENT:
18.1 Proposal for approval of changes in constitution / transfer of allotments to legal heirs or others / changes in ownership of plots /sheds/shops/godowns shall be processed as follows:
A) Approval of changes in constitution/ownership of the Firms against allotment of plots/land/sheds/godown/shops in Industrial Parks in the following cases with a levy of process fee of Rs.5,000/- (Rupees Five Thousand) subject to the condition that the sale consideration in full is paid by the time such a request is made to APIIC:
1. Changes in constitution / transfer of allotment among the family members or in favour of legal heir(s) on the death of allottee or in case of death of a partner(s) / share holder(s).
2. Proprietary concern becoming partnership concern, where the proprietor of the original Firm should hold 51% or more share in Profit & Loss and Capital investment in the partnership concern.
3. Partnership firm becoming proprietary concern
4. Changes in constitution where proprietary concern or partnership concern converts into a Private Limited company or Public Limited company and the proprietor or partner(s) hold 26% or more of the paid up share capital in the newly incorporated private limited/public limited company, as on the date of change in constitution.
5. Changes within the partnership concern, where the original partners of the firm have 51% or more in share of Profit & Loss and Capital Investment in the original partnership firms as well as reconstituted partnership firms.
6. In respect of Private Ltd / Public Ltd companies, where there are changes in share holding and original share holders having 26% or more continue to hold 26% or more in the reconstituted Private Ltd / Public Ltd company.
7. In cases, where NOC is given by APIIC to APSFC/Scheduled Banks/Public Financial Institutions for creating mortgage on the allotted plot/land/shed/shop/godown and the unit is transferred by the Financial Institutions to the third parties.
B) Approval of changes in constitution/ownership of Firms against allotment of plots/sheds/godown/shops in Industrial Parks in the following cases with a process fee of 2% on the prevailing land cost as on the date of according approval or Rs.5,000/- whichever is maximum, subject to the condition that the sale consideration in full is paid by the time such a request is made to APIIC:
1) In respect of the changes in constitution, where amalgamation / merger or de-merger of companies takes place as per the request made by the allottee companies or by the orders of the Courts of Law, the process fee is to be levied @ 2% on the prevailing land cost, limited to maximum of Rs.2.00 lakhs (Rupees Two Lakhs).
2) Change in ownership of the firm, i.e. the original allottee transferring / selling the unit to a third party.
3) Proprietary concern / Partnership firm becoming a Private Limited / Public Limited company, where the original allottee/allottees do not hold 26% paid up capital in the newly incorporated company.
4) In respect of allotments transferred to the third parties by APSFC / Scheduled Banks / Public Financial Institutions, where NOC is not issued by APIIC for creating mortgage on the allotted plots/land/sheds/shops/godowns etc.
5) Proprietary concern becoming partnership firm, where the proprietor of the firm holds less than 51% share in Profit & Loss and Capital Investment in Partnership Firm.
6) Changes within the partnership concern, where the original partners of the Firm having 51% or more share in Profit & Loss as well as Capital Investment have diluted their share to less than 51% in P & L as well as capital investment in the reconstituted partnership concern.
7) In respect of Private Ltd / Public Ltd companies, where there are changes in the share holding and the original share holders having 26% or more share in the company dilute their share to less than 26% in the reconstituted Private Ltd / Public Ltd companies.
18.2 On approval of the change in constitution / transfer of allotment etc., a supplementary sale agreement/amendment to sale agreement should be entered into duly paying the appropriate stamp duty by the reconstituted/new concern.
The supplementary sale agreement shall be executed and got registered as and when change (s) in constitution is approved. In the cases of transfer of allotment in favour of the legal heir(s) of allottees and also transfer of allotment through financial institution, deed of cancellation shall be executed and got registered duly executing & registering the cancellation deed of the earlier sale agreement before execution and registration of fresh sale agreement by the transferee.
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19 CHANGE IN NAME OF THE FIRMS AND LINE OF ACTIVITY
19.1 The request of the allottees of plots/sheds/godowns for change in name of their firms/companies, shall be approved by the Zonal Manager on collection of process fee at Rs.5,000/- duly obtaining the necessary entries/changes in the EM Part-I / Part-II / Certificate from the Registrar of Companies, as the case may be.
19.2 Requests for change in line of activity of the allottees shall be approved by the Zonal Manager on collection of process fee at Rs.5,000/- and on furnishing of the EM Part I / Part II / SSI Registration with necessary change/entry.
20 EXECUTION OF SALE DEEDS:
20.1 Sale Deed in the prescribed format shall be executed in favour of the allottee after fulfillment of the following conditions by him :-
a) Payment of all dues including interest, penalty, process fee/ charges, water charges property tax, etc., in full.
b) On implementation of the project as envisaged by the allottees as per the Project Report furnished by them at the time of application
c) On construction of the buildings in a minimum 1/6th area of the extent of land/plot allotted to them.
20.2 The Zonal Manager/Deputy Zonal Manager shall identify the allottees who have fulfilled the above conditions and who are eligible for obtaining sale deeds from the Corporation and keep the accounts of the allottee ready to issue sale deeds as and when the allottee desires to obtain sale deed for plot/ shed/ shop/ godown. A notice for sale deed in Form 15 should be issued in the case of allottees, who are eligible for obtaining sale deed.
20.3 After fulfillment of conditions specified above the allottee shall without delay make an application to the Zonal Manager/ Manager for issue of sale deed.
20.4 Immediately when the allottee makes a request for a sale deed from the
Corporation, the Zonal Manager shall initiate necessary action for verification of the following.
(a) Confirmation of payments made by the allottee towards cost of the plot/ shed/ godown, fee for change in constitution, delay condonation fee, penalty for restoration etc, as per the procedure prescribed.
(b) To get the premises surveyed to find out the exact extent in occupation by the allottee.
(c)Verification of implementation of the project.
(d) Confirmation of payments made towards other dues like water charges, property tax etc.
20.5 The Zonal Manager shall within 30 days of the receipt of application for sale deed inform to the allottee or the applicant as the case may be in the Form -16 his status / eligibility for obtaining the sale deed together with the details of dues position if any and the documents, stamp papers required for execution of sale deed.
20.6 The allottee shall pay the dues and produce stamp papers within 30 days of receipt of intimation from the Zonal Manger. Within 7 days of receipt of payments of dues and the required stamp papers/ documents from the allottee, the Zonal Manager or Deputy Zonal Manager with approval of Zonal Manager shall execute the sale deed in favour of allottee and get the same registered. |
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| 21. REPORTING
The Zonal Manager shall submit the Report periodically as per the instructions issued from time to time.
22 Managing Director may suo-motto or otherwise issue directions or modify, alter, rescind any order/communication issued by Zonal Manager and/or his sub-ordinate officers under the Regulations from time to time and the same shall be final and shall be given effect at once. Managing Director may give an opportunity at an appropriate time/stage to such person(s) whose interest likely to be affected/suffer before exercising his powers under these regulations.
23. Changes /amendments to the above guidelines made from time to time shall form part and parcel of the Allotment Regulations.
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