MANUAL-4

The Norms Set By It For The

Discharge of Its Functions

131
 STATE INFRASTRUCTUE INDUSTRIAL DEVELOPMENT
CORPORATION OF UTTARANCHAL LTD.
2-New Cantt. Road, DehraDun - 248001
Phone - 0135-2743292, 2743297, 2743838, 2743837
Fax - 0135-2708109 Website:- www.sidcul.com

Ref: 904/M.D./SIDCUL Dated: 30, July, 2004

OFFICE ORDER
In order to stream line the procedure of allotment of Industrial Plots, execution of lease deed
and handing over the possession thereof in the Industrial Estates, a policy has been formulated under
which following procedures shall be followed, details of which are attached with this order:-

A. Documents required with application form.

B. Processing of application.
C. Depositing/acceptance of reservation money.
D. Execution of lease deed.
E. Handing over possession of the plot.

In addition of this, the contents of application form and allotment letter have also been revised and
allotment of plots shall henceforth be made on the revised formats copies of which are enclosed
herewith.

It is hereby instructed to all concerned to strictly adhere to the policy procedures with
immediate effect.

In addition to above, Shri Ashish Sharma DGM (Legal) & Shri Atul Kumar Jain DGM shall be
nominated as DGM at Head Office level for allotment related activities for IIE Haridwar & IIE
Pantnagar respectively.

Enclosures: As above (12 No. Pages)

-Sd-
Managing Director

C.C.:- 1. All General Managers/Dy. General Managers (Legal)/Asstt. General Managers,

Haridwar/Pantnagar.
2. M/s. Gherzi Eastern Ltd. for information.
3. Accounts Department, SIDCUL, Dehradun.
4. Internal Audit Cell.

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 Application Form for Allotment of Plots in Industrial Areas Estate of State
Industrial Development Corporation of Uttaranchal Limited
(To be submitted in duplicate)

To,
The Managing Director,
State Infrastructure& Industrial Development Corporation of Uttarakhand Ltd.,
2, New Cantt Road
DEHRADUN.
Dear Sir

I/We apply for requirement of Land for Industrial Purposes in the Industrial Area/Estate of the
Corporation. I/We hereby furnish the necessary Industry information.

PARTICULARS OF PLOT
(a) Name of the Industrial Area
in which the plot is required
(b) Total Area of the plot
required (in sq. mts.)

1. PERSONAL DETAILS
1.1 Name of the Applicant : Shri/Smt/Km.
(Signing the application)
Correspondence address :

1.2 Name of the firm / company :

Telephone No. :
Fax No. :
Mobile No. :
E-Mail (ID) :

2 :
PROJECT DETAILS

2.1 Please indicate the nature of project : Export Oriented ( )

Import substitute ( )
Other ( )

2.2 Constitution of the firm / company. : Proprietary ( ) Partnership ( )

Pvt. Ltd., ( ) Public Ltd., ( )
Co.op. ( )

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2.3 Product Proposed to be
Manufactured

2.4 Proposed installed capacity : 1.Quantity

2.Value (Rs.)

2.5 Power requirement of the project in

KW and phasing of power
requirement.

2.6 Water requirement in Litres per day

2.7 Proposed investment in Plant and

Machinery

2.8.1 Proposed investment in Building

construction

2.8.2 Proposed investment in Site

Development.

2.9 Total Investment

2.10 Proposed employment

a) Managerial
b) Supervisor
c) Skilled
d) Un-skilled
e) Contract / Out sourcing
TOTAL

2.11 Estimated movement of raw material Quantity per month (Raw Material +
and Finished Products (Avg. per Finished Goods):
month)

No. of Trucks per month (Raw Material

+ Finished Goods):

134
2.11 Financial arrangement proposed to be
made. (Means of finance)

3 :
DETAILS ABOUT EFFLUENTS

3.1 Quantity of liquid effluent liters per

day
Please mention the composition of
the liquid effluent.

3.2 Solid wastes generated (Kilograms :

per day)

3.3 Whether gaseous effluent shall be

released? If Yes, Mention the major
gaseous effluents with quantity per
day in suitable units.

3.4 Disposal system proposed :

4 FOR NEW INDUSTRIAL PLOT/FUTURE EXPANSION.

PH-I PH-II PH-III
0-5 Yrs 5-10 Yrs 10-15 Yrs
4.1 Land Requirement in Sq.Mt. :

4.2 Plinth area – Ground Floor :

4.3 Built up area (Addl. Floors. If any) :
4.4 Requirement of land for open :
storage.
4.5 Any other requirement of land :
(Please specify)
4.6 Total Land requirement :

5 PAYMENT DETAILS

a) Whether the applicant is willing to Amount D. D. No. Name of the

pay 100% payment towards (Rs.) and Date Bank
premium, at the time of allotment of
land?

5.1 Earnest Money Deposit

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5.2 Processing fees

Declaration:- I/We further state that the particulars given above are true and
correct to my/our knowledge and belief and that no material facts have been
concealed or withheld and the general conditions for allotment of plots and grant
of lease indicated, in this application form for allotment of plots in Industrial Area
have been read carefully and understood by me and are fully acceptable to me.

Date: Signature(s) of the applicant(s)

Place: Name in capital letters:

Status of applicant(s)
(Individual /Partner of a firm / Director / Promoter of a
company)

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 CONDITIONS FOR ALLOTMENT OF PLOTS AND GRANT OF LEASE IN
THE INDUSTRIAL ESTATES OF SIDCUL

1. Processing Fees and Earnest Money Deposit: Every application for allotment of plot should be
made in duplicate along with brief Project Report, and copy of Partnership Deed, Memorandum
and Articles of Association and Certificate of incorporation and bank draft in favour of State
Industrial Development Corporation of Uttaranchal Ltd. (SIDCUL or the Corporation)
towards application fee and earnest money as per details below:

Fee Particulars Plot Size Amount (Rs.)

Earnest Money Up to 4000 Sq. Mts Rs. 100,000/-
or part thereof
Earnest Money More than 4000 Sq. Mts Rs.200,000/-
( per 4000 sq.mts or part thereof)
Processing fee up to 4000 Sq. Mts. Rs. 10,000/-
(Non Refundable) or part thereof
Processing fee More than 4000 Sq. mts Rs. 10,000/-
(Non Refundable) (per 4000 sq.mts or part thereof)

2. Period of Lease: Plots in the Industrial Area will be given on lease for a total period of 90
(ninety) years.
3. The plots are allotted in the Industrial Area on "as is where is" basis and any internal
development in the plot is to be undertaken by the allottee himself at his own expenses.
4. Land Premium:
(a) The allottee shall pay a land premium of Rs 1500/- per sq.m. for IIE-BHEL Haridwar and
1500/- per sq.m. for IIE-Pantnagar of the plot allotted to him. The Earnest Money Deposit paid
by the allottee at the time of application, shall be adjusted towards the land premium.
(b) The allottee shall pay location benefit charges @ 5% of the premium of the land (for
plots lying on roads with width 45m and above). The allottee shall also pay 5% of the
premium of the land as having two or more side

road plot(s). However, the location benefit charges shall be subject to a maximum of
10% of the total premium.

5. Mode of Payment:
(a) Rebate in premium if the balance 50% is also paid on or before 30 days then a rebate of
2% shall be admissible on this balance 50 % premium.

or

137
 (b) 50%of the total premium of land shall be paid at the time of allotment and balance 50%
within a period of 2 years in four equal half yearly instalments along with Interest @ 12% p.a.
(c) The allottee shall make payment of land premium within 30 (thirty) days of the
allotment letter.

6. In the event of failure to deposit the allotment money, within the stipulated period the
allotment shall stand automatically cancelled and Processing fee & 50% of Earnest Money
shall stand forfeited to the Corporation. The allottee will be required to execute License
Agreement/Lease Deed in the prescribed form. In case the allottee does not execute License
Agreement/Lease Deed when asked by the Corporation, it will have the right to cancel the
allotment and forfeit the deposits of the allottee.

7. In case of non allotment of plot by SIDCUL, processing fee not refunded and 100% of
earnest money refunded.

8. The allottee shall also be liable to pay Operation & Maintenance charges as on actual basis.

9. The allottee will pay use and occupation charges / lease rent of allotted land at the rate of Rs
5/- per sq. m. per annum.
10. Any unforeseen expenditure towards creating common infrastructure, increasing the overall
efficiency of the estate or for complying with any statutory obligations would have to be
shared on pro rata basis by the allottees.

11. The Corporation reserves the right to make its own assessment of the requirement of land
and is not bound to make allotment according to the demand made in the application.
However, if the difference in the area allotted by the Corporation and the area demanded is
more than 20%, the allottee may refuse the allotment without loss of Earnest Money if such
refusal is communicated within the time allowed in the allotment letter to deposit the
allotment money.

12. The applicant will have to abide by the terms and conditions of the allotment letter, License
Agreement and the lease Deed and such other terms as are laid down by the corporation
from time to time.

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13. The allottee will have to complete the construction of factory building as also to install
machinery and plant, and start commercial production therein within the time period
subject to a maximum period of 2 years as stipulated in the Allotment letter /Lease Deed,
failing which allotment of plot is liable to be cancelled with forfeiture of deposits.

14. The Lease Deed for the plot(s) will be executed as per terms stipulated in allotment letter.

15. The allottee shall not release any obnoxious gaseous, liquid or solid effluents from the units
in any case and shall establish at his own cost an appropriate and efficient effluent treatment
system/plant and shall ensure that it is ready and functional as per the norms and
specifications expected, laid down or stipulated by the State Pollution Control Board or any
other authority established by law for the time being in force, before the production is
commenced in the unit set up on the plot of land. Any breach of such law, rules, regulations
and byelaws shall be the sole liability of the Allottee.

16. Any product change / diversification / reconstitution of the Company/Firm should confirm to
the nature of the sector / district in which the unit is situated and any such change /
diversification should be done only with prior approval of SIDCUL. The change /
diversification in the product / manufacturing process from those mentioned initially in this
application form, without the approval of SIDCUL shall be treated as a breach of agreement.

17. The transfer of plot(s) shall be permitted only under the existing policy of the corporation.

18. The stamp duty registration charges and legal expenses involved in the execution of
Agreement, Sale Deed, Lease Deed, etc. will have to be borne by the allottee.
19. The total balance premium together with the stipulated interest will continue to be first
charge on the allotted plot till fully paid.

20. The payments made by the allottee/licensee/lessee shall be first adjusted towards the interest
due if any then towards the premium due, if any, and balance, if any, towards lease rent and
then towards use and occupation charges.
21. In the event of cancellation or surrender of allotment conditions as per License agreement or
Lease deed would be applicable.

22. The premium for the allotted land will be chargeable at the rates which are in force on the
date on which letter of allotment is issued and not at the rates in force on the date of
application or issuance of informal earmarking letter.
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23. The Managing Director, SIDCUL, is empowered to amend and relax any conditions in the
interest of the estate.

24. The resolution of any dispute between the allottees and SIDCUL shall fall within the
Dehradun Jurisdiction.

Date Signature of the Applicant

CHECK LIST
Please ensure whether the following documents have been enclosed with the application form (in
duplicate)
Yes No
1. Bank Draft for Rs. ....................... towards earnest money
2. Bank Draft for Rs. ....................... towards processing fee
3.. Copy of detailed project report
4. Copy of Partnership Deed/Memorandum and
Articles of Association and Certificate of Incorporation.
5. Other relevant documents
a) ----------------------------------------------------
b) ----------------------------------------------------.

Signature of the applicant Checked and received

Signature & Date..................

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 Procedure for Allotment of Industrial Plot
B. Documents required with application form

The prospective entrepreneur has to apply for Industrial Plot in the Industrial Estate of the
Corporation on the prescribed form (formal enclosed Flag “A” (Available at Head Office/Regional
Office/Website, free of cost) in duplicate along with following documents:-

1. Bank draft/pay order in favour of SIDCUL as earnest money and processing fee at the
prevailing rates.

2. Project profile duly signed by the applicant.

3. Documents to be submitted as per following according to the status of the applicant.

(a) Partnership Firm - Partnership Deed

- Power of Attorney in favour of one or all of the partners.

(b) Registered Society - Certificate of registration

- Bylaws of Society
- List of Members with their addresses

(c) Private Limited Company - Certificate of incorporation

- Memorandum and the articles of Association
- List of Directors with their addresses and list of
shareholders certified by CA

(d) Public Limited Company - Certificate of incorporation

- Memorandum and article of Association
- List of Directors with their addresses
and shareholders certified by CA.

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 B. Processing of Application

1. Filled in application for allotment (format : F-A)/ Request for change in plot will only
be submitted at IIE’s Regional Offices i.e. Haridwar & Pantnagar to encourage the visit
of IIEs sites so that applicant may find him familiar with the physical conditions of
plot.

2. On Receipt of application, entry will be made in Dak Receipt Register and an

acknowledgement (format : F B) will be given towards submission of application.

3. If complete documents have not been received, then applicant will be requested in
writing by Regional Manager to send the remaining documents within 10 days of

4. the receipt of the application. However no reservation of preferred plot will be made till
then. (Letter Format: F-C)

5. The Regional Manager will prepare a summary of the application in consultation with
representative of M/s. Gherzi Eastern Ltd. & forward it to Head Office within 3 days of
receipt of application. This summary includes the recommendations for/against the
allotment of plot, layout plan of plot concerned with actual dimensions at site,
application form & other related documents etc. (Format F-D).

6. The summary of application shall be forwarded in a file to concerned DGM’s at Head

Office, DGM will examine and put up the same for approval of Managing Director and
issue allotment/Rejection letter accordingly.

7. In case, the application is rejected/not consider for allotment, the specific reason for
rejection is to be given by concerned office at Regional/Head Office and the total
amount deposited by applicant without processing fee shall be refunded to the applicant
within 7 days of date of application.

8. Regional Manger & concerned DGM at Head Office shall maintain daily list of Plots
indicating allotment, reserved and vacant categories. This list shall be updated and
displayed on daily basis on Head Office/Regional Office Notice Board/SIDCUL
website to ensure the highest standards of transparency & in order to ensure
compliance to the ‘first come first serve’ principle.

9. All post allotment activities like execution of lease deed, issuance of possession letter,
follow up actions for submission of balance money etc shall be dealt at Head Office
level.

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 C. Depositing Reservation Money

The allottee is required to pay 50% of the total cost within 10 days of the date of
allotment. If the reservation money is not received within duplicate date, time extension of 30
days may be granted with the prior approval of the Managing Director. The plot, thus become
vacant, is then to be released for allotment for others.

No extension of time, whatsoever, shall be given if the rate of premium has been
received.

D. Execution of Lease Deed

The lease deed of the plot shall be executed after making 50% of the premium i.e. reservation
money.

(vii) Stamp papers (value to be calculated according to the cost of plot).

(viii) Bank attested signature of the person signing the lease deed.
(ix) Provisional SSI registration.
(x) No Objection Certificate from Pollution Control Board.
(xi) Board Resolution in favour of the person signing the lease deed in case of Private
Limited/Public Limited Company.
(xii) Power of Attorney in favour of the person signing the lease deed in case of Partnership
Firm/Registered Society.

E. Transfer of Lease Deed

3. The lease deed can be transferred to the Financial Institution for creating equitable
mortgage. The same shall be sent to them with the prior approval of the Managing Director
on the conditions given below.

(i) The request has to be made in writing by the Financial Institution as well as by the
lessee for creation of equitable mortgage.
(ii) The Financial Institution under takes to pay the balance premium, if any, of the plot
under question along with interest till receipt of the payment of the first
disbursement of the loan sanctioned.

(iii) The allotee has deposited duplicate copy of registered lease deed with the
Corporation.

Note: - In no case lease deed shall be transferred to any Financial Institution of the allottee is
defaulted in making payment of dues of the Corporation.

(iv) The following conditions are also to b e included:

(d) That permission for mortgage is valid against the concerned Financial Institution
only and on repayment of loan/termination of facility to the lessee. Lease deed shall
be return to the Corporation only and shall in no case will be handed over to the
143
 Lessee/other Financial Institution. If this clause is valuated the permission of
mortgage shall stand automatically rescinded without any notice.

(e) The permission for mortgage will cease to have any effect if payment is not made
within stipulated period.
(f) The mortgage permission is subject to the conditions of the lease deed.

4. The lease deed can be handed over to the lessee for safe custody on his request in following
conditions:

(i) There are no dues against the plot.

(ii) The unit has been established and is in commercial production.
(iii) The allotee has deposited duplicate copy of registered lease deed.
(iv) An undertaking in writing is submitted by the lessee for the same. This under taking
shall also include clause that the lease deed shall not be sued for mortgage
permission without prior permission of the Corporation.
(v) There is no charge against the plot.

F. Handing over the Possession of Plot

The possession of the plot shall be handed over to the allottee after execution of the lease
deed. The possession shall be handed over on site only by the Regional Manager with the
help of Technical Supporting Staff. It shall be the responsibility of the person, handing
over the possession to communicate the Head Office in writing if there is any variation in
the area of the plot, so that the payment may be demanded/adjusted accordingly.

144
 STATE INFRASTRCTURE & INDUSTRIAL DEVELOPMENT
CORPORATION OF UTTARAKHAND LTD.
2-New Cantt. Road, DehraDun - 248001
Phone - 0135-2743292, 2743297, 2743838, 2743837
Fax - 0135-2708109 Website:- www.sidcul.com

Ref No. /SIDCUL/RM/04 Dated: July, 2004

DRAFT

Acknowledgement

To,

……………………………… …………….
…………………………………………….
…………………………………………….

Sub: Your application for allotment of Industrial Plot at IIE Haridwar/Pantnagar.

Dear Sir,

In reference to your application bearing Ref. No. ……………………..

dated: ……………regarding allotment of a Industrial Plot of ………………… M2 at IIE
Haridwar/Pantnagar and submission of Earnest Money of Rs. ……………………. vide D.D/Pay order
No. …………………………….. dt …………………… drawn on …………………processing fees of
Rs. …………………… vide D.D/Pay Order No. ………………………. Dt ……………. drawn on
………………………… the receipt of your application is acknowledged in this office on
………………………….

The allotment of plot will be made to you subject to realization of DD/Pay order and
verification of other Papers/documents keeping in view of your preference & availability of plot
thereof.

Thanking you for showing your interest in our project.

-Sd-
Regional Manager
IIE Pantnagar/Haridwar

C.C.: DGM, SIDCUL Dehradun for information please.

145
 STATE INFRASTRCTURE & INDUSTRIAL DEVELOPMENT
CORPORATION OF UTTARAKHAND LTD.
2, New Cantt Road, Dehradun - 248001
Phone - 0135-2743297, 2743838, 2743837
Fax - 0135 - 2743288 Website:- www.sidcul.com
________________________________________________________________________________

Reference No. ----------/DGM/SIDCUL/06 Dated :- 29/05/2006

To,

…………………………………..
………………………………….
…………………………………
…………………………………

Sub: - Allotment of plot in .................................

Dear Sir,

With reference to your application dated: - ……………… for allotment of plot in ..............................,
we have allotted to you Plot No:- ……………. on the conditions noted below for setting up an Industrial Unit
for manufacturing of ………………………….. :-

1. As per site plan of the .................... the area of the plot ………………….. Sqm. (Approx).
However, the precise measurement shall be made by the Corporation and in case of any change in area of the
plot it shall be intimated to you and balance premium and other dues/fees, if any, shall be payable by you on
demand.

2. The date of this letter will be treated as the date of allotment of the above plot in your favour for all
purposes.

3. a. You shall deposit 50% of the total cost of plot as per the calculation sheet enclosed within 30
days of this letter i.e. up to ………... The plot is being allotted to you on the provisional premium @ Rs.
………….per Sqm. & Location/Corner charges @ 0.00 % of the provisional premium.

b. If the payments are not made as stipulated above this allotment stands automatically cancelled
and processing fees along with total Earnest Money deposited by you will stand forfeited to this Corporation.

c. If the allotee surrenders the plot within the date as stipulated above 50% of the earnest money
and total processing fee shall be forfeiture.

146
 d. In the event of cancellation of plot after 30 days 100% earnest money & total processing fee
shall be forfeiture.

e. If the Balance 50% is paid on or before 30 days from the date of allotment then a rebate of 2%
shall be admissible on this balance 50% premium.

f. The premium mentioned here is provisional and may be enhanced in accordance with the
provisions of lease deed.

4. The remaining 50% of the amount shall be paid by you in 4 half yearly instalments along with
interest as prevailent on the date of allotment. The first of such instalment shall be due on ………………….

5. An interest @ 12% per annum shall be payable on the balance premium with effect from the date of
this letter. In case of timely payment rebate in interest @ 3% shall be allowed.

6. The stamp duty, registration charges and legal expenses involved in the execution of the lease deed
will have to be borne by the allottee.

7. The plot has been allotted on "As is where is basis" and leveling etc, if any, is to be under taken by
you at your expenses.

8. The possession of the plot(s) shall be handed over only after making up to date payments of the
plots(s) and execution of lease deed.

9. The lease deed shall be handed over to the allottee only when the unit becomes operational and all
the dues of the Corporation are cleared. However, it can be sent to the Financial Institution for mortgage
purpose after paying 50% of the total cost of the plot after and assurance from the Financial Institution in
writing to SIDCUL, of making the lump sum payment of total balance premium of land out of the first
disbursement of the sanctioned loan on behalf of the allotee.

10. The lessee shall be liable to pay service charges annually, charged on actual basis.

11. The lessee will utilize maximum 40% area of the plot with FAR: 2.00 and Height 15m (maximum),
& start construction on the plot within 90 days as per condition No. 3 of the undertaking. Failure to start
construction within 90 days would tentamount to cancellation without further notice.

12. The payment made by you shall be first adjusted towards maintenance charges, interest, principle
amount and under lease rent etc.

147
 13. The lessee will apply and bear the entire cost for obtaining power connection from Uttaranchal
Power Corporation Ltd.

14. It will be your sole responsibility to get NOC from Pollution Control Board and if the same is not
obtained, you will be liable for action according to law and SIDCUL would not be responsible for any of your
act for omission which may be in contravention to the Pollution Control Board Rules/Environmental Laws.

15. You will have to make it operational before 31st March, 2007.

-Sd-
Dy.General Manager
 STATE INFRASTRCUTURE & INDUSTRIAL DEVELOPMENT
CORPORATION OF UTTARAKHAND LTD.
2, New Cantt Road, Dehradun - 248001
Phone - 0135-2743297, 2743838, 2743837
Fax - 0135 - 2743288 Website:- www.sidcul.com
CALCULATION SHEET 29/05/2006

Application No. SID\1,535

M/s,
……………………………
……………………………
……………………………

Plot alloted in ..................................

Plot No:- ………….
Land Area:- .......... Sqm.
Land Premium @ 2,000.00 /- per Sqm. 10,605,720.00 (INR)

Additional Premium

Corner Plot
5% for Corner Plot:- 0.00
Plot on 45 mtr. and above Wide Road
5% for Wide Road:- 0.00

TOTAL LAND PREMIUM :- 10,605,720.00 (INR)

MODE OF PAYMENT
1. 100% Payment:- 10,605,720.00 (INR)
Less EMD Paid:- 800,000.00 (INR)
Amount To Pay:- 9,805,720.00 (INR)

2. 50% Payment:- 5,302,860.00 (INR)

Less EMD Paid:- 800,000.00 (INR)
Amount To Pay:- 4,502,860.00 (INR)

149
 STATE INFRASTRCTURE & INDUSTRIAL DEVELOPMENT
CORPORATION OF UTTARAKHAND LTD.
2-New Cantt. Road, DehraDun - 248001
Phone - 0135-2743292, 2743297, 2743838, 2743837
Fax - 0135-2708109 Website:- www.sidcul.com

Ref No. /SIDCUL/RM/04 Dated: July, 2004

To,
……………………………………..
……………………………………..
……………………………………..

Sub: Your application for allotment of Industrial Plot at IIE Haridwar/Pantnagar.

Dear Sir,

In reference to your application bearing Ref. No. ……………………….. dated

…………………. for allotment of an industrial plot in IIE Haridwar/Pantnagar. In this matter it
is to inform you that the documents tick ( ) marked below have not been submitted by you:

3. Project Profile duly signed by applicant.

4. (a) Payment towards earnest money.
(b) Payment towards processing fess.
3. (a) Partnership deed/Power of Attorney in favour of one or all of the partners.
(b) Certificate of registration/Bylaws of Society/List of Members with
their addresses.
(c) Certificate of incorporation/Memorandum and the articles of Association/ List of
Directors with their addresses and list of share holders certified by CA.
(d) Certificate of incorporation/Memorandum and articles of Association/List of
Directors with their addresses and share holders certified by CA.

4. Any other as ………………………………………………………………….

………………………………………………………………………………

………………………………………………………………………………………….

You are requested to submit the above mentioned documents within 10 days from the
issue of this letter for further consideration of your application for allotment. Please note, no
reservation of preferred plot shall be made till the submission of requisite documents.

-Sd-
Regional Manager
IIE Haridwar/Pantnagar

Sub: Approval for allotment/cancellation a plot

M/s. …………………………………………….. has submitted an application bearing Ref
No. ………………………………. Dt …………………….. requesting the allotment of an
industrial plot of ………………… M2 area IIE Haridwar/Pantnagar for manufacturing of
…………………………………………..
150
 Following documents have been submitted by M/s. ………………………………

1. Application form
2. (a) Payment towards Earnest Money as Rs. ………………………….vide D.D. No. dt
…………………………….
(b) Payment towards Processing fees as Rs……………………. Vide D.D. No.
……………………… dt …………………………
3. Project Report duly signed by applicant
4. a) Partnership Deed & Power of attorney in favour of one or all the partners.
Or
b) Certificate of registration/Bylaws of Society/List of Members with their addresses.
Or
c) Certificate of incorporation/Memorandum and the articles of Association/ List of
Directors with their addresses and list of share holders certified by CA.

The said application along with above mentioned documents has been examined
& found in order/not in order.

It is therefore requested that the application may be rejected on the ground

………………………………………………………………………………………………………
……………………………………………………………………………

Or
Keeping in view of applicant’s preference and plot availability, it is proposed to allot
Plot No. …………………. Sector ……………………… measuring area as ……………………
M2 in IIE Haridwar/Pantnagar. The layout plan of plot indicating actual measurements is
enclosed herewith. If found proper, allotment letter may be issued accordingly.

Submitted for approval please.

Rep. of M/s. Gherzi Eastern Ltd.
IIE Haridwar/Pantnagar
( )
Regional Manager
IIE Haridwar/Pantnagar, SIDCUL

DGM, SIDCUL, DDN

MD, SIDCUL

151
 STATE INFRASTRCUTURE & INDUSTRIAL DEVELOPMENT
CORPORATION OF UTTARAKHAND LTD.
2-New Cantt Road, Dehradun – 248001
Phone - 0135-2743292, 2743297, 2743838, 2743837
Website:- www.sidcul.com

Possession Certificate

Certified that a plot no. ................. situated in ....................... details of which are given below,
has been transferred today i.e. on 25.07.2006 at 4.00 P.M. by the SIDCUL to M/s
…………………………….. (Lessee) after precise demarcation.
The plot is lying vacant/there are no construction/encroachment etc. on the plot.

Dimensions and boundaries of the Plot No. IT …………

91.00m
North – Plot No. ......
25 m. Wd. Rd.

62.86m South – Plot No. ......

61.58m East – Boundary wall
West – 25m. Wide Road

78.40m Area of land ......... Sq.mtrs.

Possession taken over for land on behalf Possession handed over for and on
of M/s ……………………………….. behalf of SIDCUL………………..
………………………………………... …………………………………...
(Sign)…………………………………. (Sign)…………………………….
(Name/Designation) : Vijay Bansal (Name/Designation) …………………..
Authorised signatory Dy. General Manager

Dated:
Witness: Sign………… Witness: Sign…………….
Name… J.E. SIDCUL Name…………………….
Address…. Address …………………..

-Sd-
Dy. General Manager
SIDCUL

152
 STATE INFRASTRCUTURE & INDUSTRIAL DEVELOPMENT
CORPORATION OF UTTARAKHAND LTD.
2, New Cantt Road Dehradun - 248001
Phone - 0135-2743297, 2743838, 2743837
Fax - 0135 - 2743288 Website:- www.sidcul.com

Reference No. DGM/SIDCUL/07 Dated: - 09/Jan/2007

To,
.........................................................
.........................................................
.........................................................
.........................................................

Sub:- Plot No. : ................. in .................................

Dear Sir,

Please refer to allotment letter No. ----------/DGM/SIDCUL/06 dated ……… vide which Plot No.
...............at Integrated Industrial Estate Dehradun was allotted to you on the conditions that you will make
payment of all outstanding amount with interest within stipulated period.

It is regretted that despite demand letter No. ------/DGM/SIDCUL/06// dated 29/Dec/2006, you have
failed to make the payment and did not take any action for the execution of the Lease Deed.
Consequent to this delay interest @ 12% is being charged and would continue to be charged till the
entire amount due plus interest thereon is paid.

It is once again requested to deposit the amount details of which is annexed herewith on or before
09/Jan/2007, failing which the action for cancellation shall be taken as per policy of the corporation.

-Sd-
Copy to : Dy. General Manager
1. GM/DGM (FINANCE)
2. Regional Manager, IIE- Dehradun

-Sd-
Dy. General Manager

153
STATE INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT
CORPORATION OF UTTARAKHAND LTD.
2, New Cantt Road, Dehradun - 248001
Phone - 0135-2743297, 2743838, 2743837
Fax - 0135 - 2743288 Website:- www.sidcul.com

Reference No. Dated: - .......................

To,
...............................................
..............................................
..............................................
..............................................

Subject : Plot No. .....................at ............................

Dear Sir,

Please refer to allotment letter No. ........................................... dated .................. vide which Plot
No. .............. at Integrated Industrial Estate was allotted in your favour.

Your kind attention is drawn towards point no. 14 of the terms and conditions of allotment vide
which you were required to complete the construction of factory building as also to install machinery and
plant, and start commercial production therein within the time period subject to a maximum period of 2
years.

It is regretted that till date you have not taken effective steps for utilization of your plot. It is
therefore requested to execute Lease Deed / take possession / submit Building plan of proposed unit
within 15 days of this letter failing which we shall be constrained to cancel the allotment of plot from
your favour.

This is without prejudice.

-Sd-
AGM

154
 STATE INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT
CORPORATION OF UTTARAKHAND LTD.
(Formerly)
STATE INDUSTRIAL DEVELOPEMENT CORPORATION OF UTTARANCHAL LTD.
2, New Cantt Road, Dehradun - 248001
Phone - 0135-2743297, 2743838, 2743837
Fax - 0135 - 2743288 Website:- www.sidcul.com

Reference No. Dated: - .........................

To,
...............................................
..............................................
..............................................
..............................................

Subject : Plot No. .........................at .........................

Dear Sir/Madam,

Whereas a substantial period of time has passed since the allotment of Plot No. ................
at IIE in your favour and you have failed to complete the construction of building and
commence the production of your unit there on and put the demised land to the stipulated use
within the period of 24 months from the date of allotment stipulated in Clause 14 of the terms
and conditions of the allotment and have thus committed a breach of the previous of the
allotment as cited above.

Now therefore in pursuance of the terms and conditions in Clause 1(a)(1) of the aforesaid
Lease Deed and clause 14 of the terms and conditions of the application form, a final notice is
hereby given to start production immediately and remedy the breach of the above mentioned
conditions of terms of Allotment and Lease Deed.

In the event of your failure to commence production within the next 60 days, appropriate
action will be taken as per the condition of allotment letter/Lease Deed, if you have already
started Production activity, please ignore this notice.

This is without prejudice.

-Sd-
AGM

155
 Annexure -1

Procedure for implementation about restoration of damages in SIDCUL’s property

by industries or any other agencies

a. A committee of three officers will do the site survey and assess the quantum of
damages created by industries and find out the restoration costs towards caused
damages. Following committees shall function accordingly.

i) For IIE Haridwar – RE SIDCUL, Advisor (Tech-PHE) & PM M/s Gherzi Eastern
Ltd.

ii) For IIE Pantnagar – RE SIDCUL, Advisor (Tech-PHE) & RE M/s Gherzi Eastern
Ltd.

iii) For IT Park & Pharma City –DGM (Technical), Advisor (Tech-Roads) and Advisor
(Planning) SIDCUL

b. The Committee will submit its report to SIDA for further necessary action. An officer
from SIDA will immediately issue notices to industries to either rectify the damages
for deposit the cost of repairing the damages caused by them within a specified period
(A max. of seven days) failing which a penal interest of 1% per month shall be
imposed to concerned industry. Restoration of damages caused by industries shall be
made by them subject to complete satisfaction of Engineer in charge/officer deputed
by SIDA/SIDCUL for the purposed. Cost of restoration of damages on actual basis
plus 10% supervision charges shall be recovered from the violator at first instance.

c. Resident Engineer, SIDCUL IIE Haridwar, Resident Engineer, SIDCUL IIE

Pantnagar, DGM (Technical) shall be authorized to issue notices of IIE Haridwar, IIE
Pantnagar, IT Park & Pharma City respectively.

d. The recovery of such money towards restoration shall be made as per rules.

e. If violation is repeated by any industry, then Rs. 1000/- per day shall be chargeable
towards restoration charges in addition to cost of restoration as stated. Disconnecting
water and sewerage connections etc. shall be initiated against violating industries
accordingly.

f. In case of any dispute, matter will be referred to CEO SIDA through DGM (Tech.)
SIDCUL/Architect – Planner SIDA will all details for further necessary action. In all
the cases, the decision of CEO SIDA shall be final and binding to all concerned.

156
 It will be worth mentioning here that in compliance to approval already accorded by CEO
SIDA regarding penalty/Charges for illegal dumping of construction materials by industries
@ Rs. 500/- only per day, the arrangements shall be continued in addition to above. The
designated officers for mentioned projects will ensure the implementation of same.

157
 Policy for Re-constitution of ownership of Plots

The Board of Directors in their meeting of 10th May, 2006 had taken a
decision to put a blanket ban on all transfers, name changes, reconstitution
of ownership etc. of plots allotted at various SIDCUL industrial estates. The
blanket ban was imposed to stop trading and speculation in plots by allottees
instead of using it for industrial purposes. Reconstitution and name change
was also banned as these could be used as indirect instrument for transfer of
ownership.

Subsequent to 25th May, 2005, SIDCUL has been obtaining an Undertaking

from the allottees that they will not apply for either transfer, name change
or change of constitution of ownership. This ban was put in place till 31st
March, 2007, the last date for commercial operations to be entitled to the
CIP benefits.

Although, this has gone a long way in ensuring proper utilization of plots and
has considerably reduced instances of transfers, as a result of this ban,
certain genuine cases, where the change in constitution has been required to
take additional loans from the banks (from partnership/proprietorship to
Limited Company) or tax planning (from Company to
partnership/proprietorship) or even infusion of new
partner(s)/shareholder(s) without sacrificing the majority, inclusion of family
members as partner(s)/shareholders(s), to strengthen the
financial/managerial capabilities.

On August, 02, 2006, the Government of India, extended the CIP by 3

years.

The Board of Director in their meeting of 10th August, 2006 discussed the
issue of reconstitution in light of the problems being faced by the allottees
and extension of CIP by Government of India and authorized the Managing
Director/Joint Managing Director to allow reconstitution even in cases an
Undertaking has been obtained in the past, having passed a reasoned order
in writing and where they are satisfied that the case so merits the
consideration and is unlikely to be a pseudo transfer.

Consequently, the Managing Director has directed that the Allotment

Committee constituted under the Office Order dated 23rd February, 2005 be
deemed as the committee for considering all cases for re-constitution as
well. The Company Secretary would be additional

member of both the committees and would have analyzed all cases before
they are brought to the consideration of the committee.

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The committee while considering cases of reconstitution of vacant plots/non-
operational (provided an application is made within 24 months of allotment)
will look into the following aspects/documentation:

1. A detailed questionnaire giving all the details of the case in question is

filled by the concerned allottee;
2. Partners/Shareholders at the time of the allotment;
3. Partners/Shareholders at the time of application for re-constitution;
4. Documentary evidence, proving beyond doubt, for the above &
whether majority (51%) of the original
proprietor/partners/shareholders will be retained;
5. Reasons for applying for reconstitution & where stated reason is loan
from the banks, then a letter be obtained from the bank, confirming
the necessity for reconstitution as well as the amount of loan and
proportion of loan in the total funding of the project;
6. Reasons for tax planning would involve conversion of a limited
company to proprietorship/partnership and should not involve any
change in ownership;
7. Changing ownership by bringing in family members as laid down in the
current policy should be allowed;
8. Once the change in reconstitution has been allowed, second re-
constitution should be allowed only when the committee is convinced
beyond doubt that there is a genuine need for the reconstitution;
9. All approved reconstituted allottees should be required to file an
annual statement of partnership/directorship/shareholding, duly
certified by the Statutory Auditor of the Company;
10. By operation of law in case of death or permanent disability of a
partner/proprietor;
11. In cases of changes in constitution/name on account of operation
of law and particularly in case of order of an High Court for
amalgamation/merger etc. the same be allowed under the existing policy
for reconstitution/change in name;
12. A levy of 15% of the current SIDCUL base rate will be applicable
in case of reconstitution is allowed beyond 24 month period;
13. Any other case, where the Committee is satisfied and records so
in writing that the case other consideration is not a transfer but that of
a genuine business need.

In case of plots where a unit has become commercially operational, the

reconstitution will be allowed on payment of reconstitution levy of:
(a) nil-in case the consequent change in shareholding/proportionate
capital control changes by less than 24%;
(b) 5% of the current SIDCUL base price-in case the consequent
change in shareholding/proportionate capital control changes by
less than 49%.

However in case of listed companies in both the above mentioned cases,

a change in shareholding pattern shall not be treated as reconstitution of
the company for this purpose.

159
 Policy Regarding Product Change or Permission to add Products
without any change in shareholding/proportionate capital control
of the allottee

Various instances where an allottee has requested that the project for
which a particular plot was allotted be changed or certain other relate d
or non-related product be allowed to manufacture under a second unit on
the same plot.

It is desirous that there be least possible obstructions in allowing change

in business line, which occur due to several reasons-change in business
cycle, change in tax regime or rates (for eg. removal of excise on certain
food products) , attractiveness of a certain product (auto ancillaries).
However, at the same time it is important to ensure that the product
change has not arisen as a result of change in ownership, particularly by
transfer of shares of companies.

The following parameters should be thus considered before allowing

change of product:

1. Partners/Shareholders at the time of the allotment;

2. Partners/Shareholders at the time of application for product change or
product addition;
3. Documentary evidence for the above & confirmation there there is no
change in the capital constitution of the original
proprietor/partners/shareholders.
4. Reasons for applying for product change or addition of product;
5. Whether change or addition of the product is in the same line of
business;
6. Whether substantial construction has commenced;

The allottee would be required to fill in detailed questionnaire providing for

all details of original allotment, product planned to be originally
manufactured, changes, reason for changes, share capital, details of loans
(if any), etc.

All approved allottees should be required to file an annual statement of

partnership/directorship/shareholding, duly certified by the Statutory Auditor
of the Company;

Any change in product along with change in shareholding/proportionate

ownership will be treated under the policy for reconstitution. However, a
change in shareholding of a listed company would not be treated as
reconstitution of the Company for this purpose.

160
 Policy for Restoration of cancelled Plots

The Board of Directors, on 25th May, 2005, in light of the sunset date of 31
March, 2007 directed SIDCUL management to obtain an undertaking
requiring the allottee to take possession and enter into a lease deed within
60 days of allotment and commence construction within 90 days of
allotment.

The lease deed requires the lessee to be commercially operational within 24

months of allotment.

Cancellations have been resorted to in cases where any of the above

conditions have not been met. The existing policy allows the Managing
Director to restore the plots to the allottee on payment of a restoration fees
of 7.5% of SIDCUL base rate of allotment, provided an application is made
within 45 days of allotment and the management is satisfied that the allottee
is indeed interested in setting up the industrial unit within a reasonable time
frame.

However, in cases where 24 months have elapsed, no restoration has been

allowed as it has been deemed to be more than sufficient time to set up a
unit and failure to do so clearly show disinterest and intentions of
trading/speculation in land.

In the case of M/s Pragati Telecom, the Hon’ble High Court of Uttaranchal
ordered SIDCUL to restore the plot to the allottee, however, restoration was
to be treated as allotment “de novo” and was to be made at the current base
price of allotment. Subsequent to the decision of the Hon’ble High Court, in
all restoration cases in Haridwar, the same policy has been adopted.

In Pantnagar, however, due to large scale cancellations and in a large

number of cases the current base price and allotment price being the same,
the original policy of imposing 7.5% of base price as restoration fees has
been imposed. However, in addition, a Bank Guarantee with specified time
frames for construction has been obtained to ensure timely compliance.

On August, 02, 2006, the Government of India, extended the CIP by 3

years. Several requests have been made to the JMD for reconsidering the
current policy of restoration and take a more lenient in light of extension of
the CIP. The same was discussed at the Board of Directors meeting of 10th
August, 2006 and it was agreed that SIDCUL

should continue its stringent stand on cancellations/restorations, as taking a

more lenient view might encourage trading/speculation.

Restorations be allowed, where the Managing Director/Joint Managing

Director are satisfied that the allottee is interested in commencing
construction immediately and will complete construction within a reasonable
time frame, as may be required in the specific industry, provided:

161
(a) application for restoration is made within 45-days of the cancellation
order laying down the reasons for inability to meet the conditions of
allotment, along with the application fees;
(b) on approval of restoration, the restoration be allowed at the current
base price for allotment or 7.5% of the current SIDCUL base rate of
allotment, which ever is higher;;
(c) specific time frame for commencing and completing construction is
agreed to and an affidavit to the effect obtained;

-Sd-
Managing Director

162