As per existing industrial Policy, 1999, State has been divided into three zones / categories, namely high, medium and low potential zones, as under:-
|High Potential zone Category 'A'
||Comprising of areas in the municipal limit of |
Gurgaon Town, Gurgaon, Block of Gurgaon
Distt. (except Manesar) and the municipal limit of the
Faridabad Municipal Complex, Faridabad, Ballabhgarh
Blocks of Faridabad Distt.
|Medium Potential zone Category 'B'
||Controlled area of Kundli, Bahadurgarh, |
Panipat Town, IMT, Manesar and Panchkula,
|Low Potential zone Category 'C'
||Rest of the State|
Mode of Allotment
Schedule of Payment
Extension in time for Construction in Industrial Plot
Transfer of Industrial Plot
Changes in Constitution
Change of Project
Leasing / Renting of Industrial Plot
Bifurcation / Fragmentation of Plot
Resumption Of Plots
Restoration Of Resumed Plots
WHAT IS THE MODE OF ALLOTMENT
The allotment of plots will be on an ongoing first cum first served basis :-
Allotment of Plots to prestigious projects having fixed capital investment of Rs. 30 crores and above shall be made off the shelf by the following committee.
|| Secretary Industries
|| MD, HSIDC
|| MD, HFC
|| CA, HUDA
||Member ( If allotment is done in a estate |
developed by HUDA)
|| Director Industries
For other projects, allotment shall be done on an ongoing basis by the following committee.
|| MD, HSIDC
|| MD, HFC
|| CA, HUDA
|| Member ( If allotment is done in a estate |
developed by HUDA)
|| Director Industries
|| Member Secretary|
Senior-most member shall be the Chairman of the Committee. This committe will meet once in every week to dispose off the applications received during the previous week.
An appeal against the decision of this committee shall lie to the Secretary Industries.
The allotment in respect of plots reserved for NRIs shall be made through the Industrial Assisstance Group.
As per provisions made in the Industrial Policy, the industrial plots are to be allotted on "first come first served basis on the analogy that all applications received within a block of one month shall be treated at par . However, submission of application will not entitle an applicant for allotment of industrial plot. The allotment shall be made after due assessment of the project report and the financial viability and usefulness of the project and other merits of the applicant as decided by the Committee constituted for the purpose.
The available industrial plots would be widely advertised, through national dailies and in case applications received against advertisement are less than the available plots then the interviews / allotments would be done on continuing basis.
10% of Plots in the newly developed Industrial Estates , Growth Centres and IIDCs shall be reserved for NRIs and 10% will be reserved for EOUs with atleast 33% export orders and units having a minimum foreign equity of 33%. The reservation in these two categories shall be interchangeable but the total reservation shall not exceed 20% . However , in case the general category plots have been exhausted in an estate and there is no demand pending from the reserved category candidates , the plots so reserved may be dereserved and allotted to the general category applicants after following the laid down procedure.
Preference shall be given to the following categories of entrepreneurs.
2. Women Entrepreneurs
3. Unemployed engineering graduates / polytechnic / ITI trained candidates.
WHAT IS THE SCHEDULE OF PAYMENT OF A NEW INDUSTRIAL PLOT ?
- 15% within 30 days of issuance of allotment letter.
Remaining 75% in 5 equal 6 monthly instalments starting from the date of offer of possession.
Interest @ 18% shall be charged on the balance outstanding only after offer of possession is made..
Rebate equivalent to 20% of the land cost shall be given if the industrial unit starts commercial production within 3 years of offer of possession of industrial plot.
Note: In case of NRIs , the funds towards the price of the plot should come from his/her NRI account.
The application form duly filled in will be received by the developing agency along with the following documents:
An undertaking to the effect that the applicant shall employ at least 75% of his unskilled work force and give preference for other categories to candidates from among the Haryana Domiciles.
10% price of the plot in the form of bank draft infavour of the concerned agency as earnest money.
Copy of the project report with details of implementaion schedule.
Copy of the partnership deed in case of partnership firm or memorandum and articles of association in case of limited company alongwith a copy of certificate of incorporation of the company and details of the promoters and their holding in the company.
Land utilisation plan to justify the requirement of land.
Means of financing.
Any other to be specified by HUDA.
LETTER OF ALLOTMENT
The applicants recommended by the allotment Committte will be issued a regular letter of allotment (LOA) . The applicants will be required to deposit 15% price of plot within 30 days from the date of LOA . In the LOA , plot number, the size, dimensions, zoning and the rate will be indicated.
HOW YOU CAN GET THE EXTENSION IN TIME FOR CONSTRUCTION IN INDUSTRIAL PLOT ?
The allotte will be required to start construction of building within one year of offer of possession and will be required to start commercial production within a period of 3 years from the date of offer of possession. However, in case the allottee is not able to start construction within one year, extension can be granted by the allotting agency for a maximum period of 6 months , if he is able to satisfy the agency that he could not start construction for reasons beyond his control. Similarly, the period for commencement of production can be extended by the allotting agency for maximum period of one year subject to the allottee satisfying the agency that he could not go into production within 3 years of the date of offer of possession for reasons beyond his control and he took effective steps for implementaion of the project. Extension in period for commencement of commercial production beyond three years shall be granted only if 10% of the premissible area has been constructed and effective steps have been taken by the allottee for completion of the project. In such cases extension fees at following rates shall be charged:-
( Rs. per Sq.mt)
| Sheds |
( Rs. per Sq.ft. of covered area)
|| 4 |
COMPLETION OF PROJECTS
The allotte will be deemed to have completed the project if he constructs minimum 25% of the permissible covered area and starts commercial production within specified period as mentioned above, after installation of the plant and machinery as per the project report submitted by him. In case , there is any deviation in respect of installation of plant and machinery which has not been installed has any material bearing on the project. A certificate of completion of project shall be issued by the allotting agency on an application by the allottee.
HOW CAN YOU GET THE INDUSTRIAL PLOTS TRANSFERRED
Trasfer of plots shall be allowed only by lawful allottee, if he has constructed atleast 25% of the permissible covered area and satisfies the allottng agency that he had taken effective steps for the implementation of the project, but the project has become unviable. This trasfer would be subject to the conditions that the transferee would set up the unit and start commercial production on the plot/shed within a period of 3 years from the date of transfer, failing which same shall be resumed by the allotting agency.
However, the transfer of plot will be allowed without the above conditions in case of inheritance, succession due to the death of the owner/majority share holders or take over by public financial institutions.
All transfers covered under the above provision shall entail payment of transfer fee prescribed as under:-
(Rs. per sq. mt.)
| Sheds |
( Rs. per sq. ft. of covered area)
No transfer fee will be levied in cases of industrial units which have been in commercial production for more than five years and are free from encumbrances. Similarly , no transfer fee will be leviable in cases of transfers necessitated on account of inheritance, family transfer or take over by a financial institution . Only a processing fee of Rs. 5000/- (or as revised from time ti time ) will be charged in all such cases. However , prior permission of the allotting agency is mandatory.
For transfer of plots , the transferor will apply to the agency concerned with the following documents:
Orginal letter of allotment
Agreement to sell
Statement of means of financing of the transferee
Project report of the transferee, in case of any change of project.
CHANGES IN CONSTITUTION.
Change in share holding is allowed by the HUDA only if the original allottee or his family members retains a minimum of 51% shares in the project / company / firm. In case the original allottee and the family fail to retain the prescribed share holding of 51%, it would amount to transfer and dealt with under the relevant provisions. In case where a private limited company becomes a public limited company, the change in constitution may be considered subject to the conditions that the allottee retains the largest share holding otherwise it will be treated as a case of trasfer.
CHANGE OF PROJECT
The allottee is allowed the change of project, other things being equal, by the concerned developing agency without prejudice to the size of the plot and the prescribed schedule of implementation of the project. However, while permitting change of project factors such as Pollution, high water consumption / effluent shall be considered.
LEASING / RENTING OF INDUSTRIAL PLOT
In order to ensure optimum utilisation of the industrial areas / industrial estates, leasing / renting of the remaining 75% portion of the building will be allowed by the developing agency if the allotte has constructed 25% of the permissible covered area and has gone into commercial production. Such permission shall be granted on payment of 25% of the fees prescribed for transfer of plots if leasing / renting is for more than 5 years and on payment of 10% of transfer fees in case the period is 5 years or less. In case the allottee, after completing 25% construction of the permissible covered area, is not able to implement this project for reasons beyond his control and satisfy the allotting agency of his intention, leasing / renting can be allowed by the allotting agency after charging fee equivalent to transfer fee if the period of lease / rent is more than 5 years or 50% of the transfer fees if the period is 5 years or less. It may be clarified that only one additional unit besides the allotte will be allowed for leasing / renting in all such cases meaning thereby that not more that 2 units shall be allowed to function at one time on one industrial plot.
BIFURCATION / FRAGMENTATION OF PLOT
Sub-division / bifurcation of industrial plot of 5 acre and above shall be permitted . Such plots can be sub-divided / bifurcated in more than two plots subject to th e condition that the sub-divided plots shall not be less than one acre.
RESUMPTION OF PLOTS:
The developing agencies will be competent to resume plots in their respective industrisl Estates in case an allottee defaults in complying with the terms & conditions of allotment / transfer / leasing etc. The resumption of plot would be approved by the competent authority of the allotting agency after giving proper show cause notice.
Upon resumption, the amount deposited by the allotte will be refunded after deducting 10% of the price of plot without any interest. The allottee will be free to remove the structure / debris, if any, within a period of two months of resumption order at his own cost. If may be clarified that the allottee shall not be entitled to any payment / compensation for building constructed by him on the resumed plot.
RESTORATION OF RESUMED PLOTS
No restoration of resumed plots shall be allowed. However appeal shall lie to Commissioner, Industries against the orders of competent authority ordering resumption in case of industrial estates developed by HSIDC and Industries Department. Incase the allotting agency is HUDA, the appeal shall lie to competent authority as prescribed under the HUDA Act.