NOIDA S COPY. Application form No.

Transcription

1 NOIDA S COPY Application form No. Application for allotment of land for setting up of Educational / Training / Research & Development Institutions / Corporate Office ( for Govt. offices only )/ Social/ Cultural / Religious Centre / Film Audio Video Studio / Software IT Units / IT Enabled Services and other Allied Activities. The Chief Executive Officer New Okhla Industrial Development Authority, Main Administrative Building, Sector- 6, NOIDA. Sir / Madam, Photograph of Authorised Signatory Duly Attested by BANK MANAGER We hereby submit our application form for allotment of plot to establish: - on an area of sq. mtr. approx. in Institutional Area of sector. (give order of preference). We hereby agree to pay within 30 days from the date of offer/ letter of allotment the full / 30% of the prevailing Rs. /- per sq. mtr. for allotment of land in sector. As per terms & conditions of the registration stated in Appendix I; We are enclosing herewith the following documents: - a) Bank Draft No. Dated for Rs. Drawn on towards the registration money. b) Bank Draft No. dt. for Rs. 5000/- / Rs.10000/- drawn on towards non-refundable / non-adjustable processing fee. c) Certificate of authorisation in favour of Shri / Smt. as (status) which is on behalf of the applicant Society / Trust/ Company / Partnership firm i.e. M/s constituted under Act of Govt. of India / State Govt. i.e. d) Project / Proposal details alongwith schedule of project implementation for which this application is being submitted. e) Terms & Conditions (Appendix - I) of the above registration are enclosed herewith which should be signed as a token of acceptance of the terms & conditions of the Allotment of Institutional Land. f) 1 Signature duly attested by Bank Manager

2 f) The following Statutory Documents duly certified by C.A / Architect are enclosed. Sl. No. Description Enclosed Yes not Enclosed No 1. Project Report to be signed by applicant at Annexure / and certified by CA on each page) 2. Background of the promoters. at Annexure / 3. Audited Accounts & Balance Sheet of last at Annexure / Three years duly certified by CA. 4. Feasibility Report of the Proposed Institute at Annexure / Certified by CA. 5. Three years projected cash flow of the institute at Annexure / Depicting sources of inflows for the project. 6. Registration Certificates of incorporation. at Annexure / 7. Land required depicting the land use pattern at Annexure / and construction plan and schedule. 8. Statement of sources of funds & liquidity at Annexure / Certificate from any Nationalised Bank / Schedule Bank. 9. Affidavit the applicant first time and earlier his at Annexure / Request has not been rejected. Date Address of Applicant Phone Fax 2

3 APPENDIX - I Terms and Conditions for Allotment of plot for Education I Training I Research & Development Institutions I Corporate Office (Only Govt. Offices) I Religious I Social I Cultural Centre I Film- Audio-Video Studio I Software Information Technology Units/ lt Enabled Services on 90 years lease of "As is Where is" basis. 1. HOW TO APPLY a. The prescribed Application Forms for allotment of plots of above categories are available from Vijaya Bank, Sector-6, Noida against cash payment of Rs 1000/- b. The allotment of the land will be made only in favour of a Trust / Charitable Trust/ Society / Firm or Company duly constituted in India and registered with the competent Authority. c. The application forms must be submitted to the institutional department alongwith proposal / project / details and other statutory documents. A nonrefundable & non-adjustable Processing Fee of Rs. 5000/- up to 10 Acre of Plot area, beyond 10 Acre of Plot area Rs /- and Registration money equivalent to 10% of total premium of the plot area for which application is being submitted should be deposited in favour of NOIDA. The registration amount & processing fee as stated above would be deposited through a bank draft payable at any scheduled bank of Delhi / New Delhi / Noida. The registration amount can be ascertained in person from the Institutional Department of NOIDA. d. The application alongwith the requisite documents; will be screened by a Screening Committee. The incomplete application/ without requisite documents will not be recommended for interview of the applicant, however, the applicant whose application is submitted with complete information, will have to appear for interview on prescribed date and time for examining the viability of the Project. e. The allotment of plot is subject to the recommendation of Plot Allotment Committee after interview of the applicant. 2. MODE OF PAYMENT a. In the event of allotment of Institutional land, the rate would be prevailing rate on the date of issue of allotment letter. The payment of the premium of plot except Govt. / Semi Govt. under taking / Institutions / Department would be as per schedule given below:- b. 30% of the actual premium of the plot inclusive of registration money would be paid by the allottee within 30 days from the date of allotment letter. c. The balance 70% premium of the plot would be payable by the allottee in 10 half-yearly interest bearing equal installments. The first installment would fall due after six months from the date of allotment letter. The interest on balance premium would accrue from the date of issue of allotment letter. d. The outstanding amount of premium will carry 12% per annum from the date of allotment. In case of default, the allotee / lessee would be required to pay compound 15% per annum on defaulted amount and for defaulted period. The defaulted amount will be compounded half yearly. 3

4 e. Normally extension for deposit of Due / Over Due amount would not be allowed. In case of default, the allotment / offer would be cancelled / withdrawn and forfeiture of money would be effected, as per rules. However, in exceptional circumstances the extension may be allowed by the lessor/ceo of the Authority on payment of compound 15% per annum on the defaulted amount for defaulted period and as stated at (c) above. The forfeited amount would not exceed the deposited amount. f. IN CASE ALLOTMENT IS SOUGHT BY GOVT./ SEMI GOVT. UNDERTAKING/ INSTITUTIONS/ DEPARTMENT, THEN AN OFFER OF ALLOTMENT WOULD BE ISSUED FOR DEPOSIT OF FULL PREMIUM OF THE PLOT; LETTER OF ALLOTMENT FOR SPECIFIC PLOT WOULD ONLY BE ISSUED ON DEPOSIT OF 100% PREMIUM OF THE PLOT g. All payments should be made through a bank draft drawn in favour of New Okhla Industrial Development Authority and should be payable on any scheduled bank located only in Delhi / New Delhi / NOIDA. Notwithstanding any request of the allotee / lessee the payment made by the allottee / lessee, shall be first adjusted towards interest due, if any, and the balance shall be adjusted towards the annual lease rent and instalment respectively. 3. LEASE RENT In addition to the premium of plot, annual lease 2.5% of the total premium would be payable in advance. The lease rent is payable from the DUE date intimated for execution of legal documents. In case of default in payment of lease rent the 15% shall be charged on the defaulted amount for the defaulted period after compounding half-yearly. The Authority will be empowered to enhance the annual lease rent on expiry of every 10 years from the date of execution of the lease deed and / or possession whichever is earlier, by an amount not exceeding 50% of the annual lease rent payable at the time of such enhancement. OR The lessee has option to pay 11 years lease prevailing at the time of deposit ONE TIME LEASE RENT in lump sum. 4. SURRENDER OF PLOT a. The allotee can surrender the Institutional Premises in favour of NOIDA before cancellation. The Chief Executive Officer or any officer authorised by Chief Executive Officer, may permit the surrender of the plot. b. The request for surrender should contain signature of bonafide allotee / lessees. In case of incorporated company / society the request should be supported by the Certified Copy of the Resolution of Board of Directors / Executives. c. The allotee has to execute surrender deed, if lease deed / transfer deed has been executed then all the original legal documents are to be surrendered unconditionally to the Institutional Department of the 'Authority'. 4

5 d. The entire deposit (s) made to NOIDA as premium and interest towards the premium of the plot would be refunded by Noida subject to forfeiture of Rs. 10,000/- in case of non possession of the institutional premises and / or nonexecution of legal documents. However, in case where legal documents have been executed and / or possession of the institutional premises has been taken over then all the deposits made under revenue heads (excluding interest against the premium) would be forfeited alongwith the due lease rent till the date of dispossession of institutional premises and Rs. 10,000/- against the premium. 5. EXECUTION OF LEASE DEED The allotee will have to execute the lease deed within 30 days from the date of issue of the checklist and take physical possession of the plot within fifteen days after issue of possession order thereafter. In case of failure to execute the lease deed & taking over of possession within the above-stipulated period, the allotment may be cancelled and amount would be forfeited as per rules. However, in exceptional circumstances Chief Executive Officer, NOIDA or any other authorised officer on this behalf may grant extension of time for execution of lease deed & taking over of possession. The extension if granted will be subject to payment of penalty. The present penalty for grant of extension is equivalent to the annual lease rent on pro-rata basis, for the extended period. The facility of extension with penalty would be available only if the plot has not been cancelled. 6. COST OF STAMP DUTY The stamp duty, registration charges and all legal expenses involved in the execution and registration of lease deed as stated above and all other incidental expenses will be borne by the allotee. The rate of stamp duty is applicable as per the notification issued by the State Government from time to time. The allottee / transferee shall also pay the duty on transfer of immovable property levied by the Authority from time to time. 7. CHANGE IN CONSTITUTION a) In case of change in constitution, the allottee / lessee shall pay proportionate transfer charges i.e. 10% of the prevailing rate of allotment at the time of transfer of plot. The cost and expenses of preparation, stamping and registering the Lease Deed required and its copies and all other incidental expenses shall be paid by the allotee / transferee. The allotee / transferee shall also pay the duty on transfer of immovable property levied by any other authority from time to time. b) The area of the plot allotted or handed over may vary from the size of the plot allotted / applied for. If area of the plot in the allotment letter issued and actual area handed over to the allotee / lessee is found to be more or less than the area intimated for, a proportionate change in the amount of the premium would be made. No dispute / objection would be entertained by the lessor on the ground of variation in the size of the plot. Allotee / lessee would have also no right for change of plot or refund of money deposited by him 5

6 on this account. If the variation between the plot area applied for and the area allotted is more than 20% and allottee is unwilling to accept the enhanced or reduced area, the allottee would have the right to decline the acceptance of the allotment and the deposits made to the Authority would be refunded without interest, provided that the allottee applies for refund within 30 days from the date of issue of allotment letter. 8. Division or Amalgamation of Plot a. The lessee / allottee would not be entitled to divide the plot or amalgamate it with any other plot without approval of lessor. In exceptional circumstances, the lessor may consider amalgamation of contiguous or adjoining plots belonging to the one and same lessee for the same purpose. b. The lessee / allottee at his own cost would construct building of the institution after obtaining proper sanction of the lessor for the building plan. The building plan submitted to the lessor would be in accordance with the prescribed architectural control and relevant to the building regulations and directions issued from time to time. The Prevailing provisions in respect of Ground Coverage and FAR Subject to change without notice, are: PURPOSE a) Corporate Offices ( for Govt. offices only) / IT Software Units / IT Enabled Services / Research & Development / Training b) Engineering College / Management Institutions c) Nursery School cum - Crèche Primary Schools Secondary Schools GROUND COVERAGE FAR (Maximum) % (Maximum.) d) Social/Religious / Cultural above 500 Sq.m. Plot area up to 500 Sq.m. e) Film-Audio-Video Studio Plots Area in Sq. mtr. Up to to to 2, to 12, to 20,000 Above 20,000 The provisions at (e) would be available on slab system

7 9. Implementation of Project a. The allottee / lessee would complete construction and obtain Occupancy Certificate from the Competent Authority within the validity period of the approved Building Plan. The allottee shall ensure the functioning on the allotted plot as per schedule given below: Plots Up to 1000 sq. M. Within two years from the actual date of possession. Plots above 1000 sq.m. but up to 2000 sq.m. Within three years from the actual date of possession. Plots above 2000 sq.m. but upto 4000 sq.m. With in four years from the actual date of possession. Plots above 4000 sq.m. With in five years from the actual date of possession. b. In case of non-adherent to the aforementioned schedule for functioning, the cancellation of allotment and / or determination lease deed, with forfeiture of money would be effected as per rules and the possession of the plot will be resumed by the lessor with structure thereof, if any and the allotee/ lessee will have no right to claim compensation thereof. However, in exceptional circumstances, an extension may be allowed by the lessor on payment of such charges and subject to terms and conditions, as deemed fit by the lessor. c. In the event of an extension, extension 4% of the premium would be chargeable for grant of extension for each year on pro-rata monthly basis. The rate of extension charges as mentioned above may be revised by the lessor/ CEO without notice. 10. TRANSFER OF PLOT a. The allottee / lessee would not without the written consent of the lessor, carry on or permit to be carried on the said land or in any building therein any trade or business or activity whatsoever and the same would be used only for what it has been allotted / leased. b. The allottee / lessee can transfer the whole plot with prior permission of the Authority, subject to the condition that the plot is declared functional and is to be transferred to similar institutions and subject to such terms & conditions including payment of transfer charges as decided by the lessor at the time of transfer permission. 7

8 NORMALLY TRANSFER CHARGES ARE 10% OF THE PREVAILING RATE OF ALLOTMENT AT THE TIME OF TRANSFER OF THE PLOT AND NO EXTENSION CHARGES ARE RECOVERABLE, IF DUE. HOWEVER DEPOSITED EXTENSION CHARGES ARE NEITHER REFUNDED NOR ADJUSTED. The rate of transfer charges may be modified by Chief Executive Officer, NOIDA or by the officer authorised by The Chief Executive Officer on his behalf from time to time and the same shall be binding on the lessee. c. THE PLOT, HOWEVER, CAN NOT BE TRANSFERRED/ RENTED OUT BEFORE MAKING THE UNIT FUNCTIONAL & ALL SUCH ACTIONS DONE FOR TRANSFER OF PLOT BEFORE MAKING THE UNIT FUNCTIONAL WILL BE TREATED AS NULL & VOID AB INITIO. 11. MORTGAGE PERMISSION a. The mortgage permission will be given in case the allotment is not a cancelled one and the time limit for making the plot functional exists. Mortgage is permitted only in case where the institution is financed / assisted by Govt. Financial Institution / Scheduled Bank and Pvt. Financial Institution / leasing companies approved by RBI. However permission for collateral security would only be granted in case where the Institutional premises has already been declared functional by the Authority. b. A processing fee of Rs. 1000/- would be charged for granting permission for Mortgage. c. Mortgage is permitted for financing the project on the institutional premises proposed for mortgage. d. For grant of Mortgage / Collateral permission, it is binding that the allottee / Lending Institution / Bank clear all the dues and 100% premium of the plot along with interest, if any. Lending Institution must give an undertaking to this effect that 100% payment has already been made to NOIDA by the concerned institutional / allottee (s). In such cases NO DUES CERTIFICATE ISSUED BY Sr. FAO (institutions), NOIDA should be enclosed. e. Any further charge on the Institutional Property in favour of another financial institution is issued only by the Institution in whose favour the Institutional Property is already mortgaged. f. In case of mortgage the Authority will have the first charge towards transfer charges, extension charges, lease rent, interest and any other dues, taxes, charges etc. payable to NOIDA, from time to time. 8

9 g. The allottee will submit the application alongwith the consent of the financial institution, in terms as stated herein before. h. Provided that in the event of the sale or foreclosure of the mortgaged or charged property, the lessor would be entitled to claim and recover such percentage as decided by the lessor, or the unearned increase in the value of said land as aforesaid and the amount of lessor share of the said unearned increase would constitute first charge having priority over the said mortgage charge. The decision of the lessor in respect of the market value of the said land would be final and binding on all the parties concerned. Provided further that lessor would have the pre-emptive right to purchase the mortgaged or charged property after deducting such percentage as decided by the lessor of unearned increase as aforesaid. The lessor's right to the recovery of the unearned increase and the pre-emptive right to purchase the property as mentioned herein before would apply equally to involuntary sale or transfer it by or through execution of decree of insolvency court. 12. OVER RIDING POWERS OVER DORMANT PROPERTIES The lessor reserves the right to all mines, minerals, coals, washing gold s, earth oils, quarries in over or under the plot and full right and power at any time to do all acts things which may be necessary or expedient for the purpose of searching, for working and obtaining, removing and enjoining the same without providing or leaving any vertical support for the surface of the plot (s) for the structure time being standing there on provided always that the lessor shall make reasonable compensation to the allotee / lessee for all damages directly occasioned by exercise of such rights. To decide the amount of reasonable- compensation the decision of lessor would be final and unquestionable. 13. Liability of Maintenance / Payment of Taxes a. The allotee / lessee / occupant(s) would be liable to pay all taxes/ charges and assessment of every descriptions in respect of plot whether assessed, charged or imposed on the plot or on the building constructed thereon, from time to time. b. All the arrears due to "Authority" are recoverable as "arrears of land revenue" c. The lessee shall not display or exhibit any picture; posters, statues, and other articles, which are repugnant to the morals and / or are indecent or immoral. The lessee shall not display or exhibit any advertisement in any part of the exterior wall of the building. 9

10 14. CONSEQUENCES OF MISREPRESENTATION If it is discovered that the lease of the plot has been obtained by suppression of any fact or misstatement or misrepresentation or fraud or if there is any breach of the condition of the lease, or if the lessee does not abide the terms and conditions of the building rules or any rules framed by NOIDA or violates any of the terms of the lease deed, the lease or sub lease may be cancelled by the lessor and the possession of the demised premises shall be taken over by the lessor from the lessee. In such event, lessee will not be entitled for any compensation whatsoever, refund of any amount credited or is in arrears / overdue as Revenue Receipt(s) if any, may be refunded after forfeiting the amount as per rules. However, total forfeited amount would not exceed the total deposits. 15. CONSEQUENCES OF BREACH OF TERMS & CONDITIONS a. The Authority can exercise cancellation of Institutional plot for breach of terms and conditions of allotment / lease deed / Transfer deed. However, the Chief Executive Officer or any other officer authorised by CEO can restore the allotment of the plot. In case of restoration, allotee / lessee would pay the premium at the current prevailing rate and the amount forfeited would be made alive and adjusted against the current premium. However, if the difference between the rate of allotment and current prevailing rate is less than Rs. 100/- per sq. mtr, then a minimum amount of Rs. 100/- per sq. mtr. would be imposed as restoration charges for restoration of allotment. b. That the lessor hereby convenants that the lessee shall enjoy quiet possession of the demised premises without disturbance by it or its successors in interest or any person claiming title paramount thereto. c. That the power exercisable by the Chief Executive Officer under and in accordance with the terms of the lease deed may be exercised by such other officer as the Chief Executive Officer may authorise in this behalf. 16. GENERAL CONDITIONS a. That the Chief Executive Officer or the lessor reserves the right to make such amendments, additions and alterations. b. That the terms and conditions of brochure, allotment, lease, building Bye - Laws as amended from time to time shall be binding on the allotee / lessee c. If due to unavoidable circumstances the possession of plot is not handed over to allotee, the full amount deposited by the allotee would be refunded, however, no interest on the deposits will be paid to the allotee. d. In case of any dispute in the interpretation of any word or Terms and Conditions of the allotment/ Lease, the decision of the Chief Executive Officer or any officer authorised by Chief Executive Officer, Noida, shall be final and binding on the allotee / lessee and his / her / their successor. 10

11 e. That the lessee and his / her / their / successors shall abide by the provisions of the U.P. Industrial Area Development Act 1976 (UP. Act No.6 of 1976) and such rules. Regulations or directions as are made issued thereunder from time to time. f. Any dispute between the lessor and lessee/ sub-lessee shall be subject to the territorial jurisdiction of Civil Courts at Gautam Budh Nagar or the High Court Judicature at Allahabad. 17. ADDITIONAL TERMS & CONDITIONS FOR THE FOLLOWING CATEGORIES ARE GIVEN BELOW: - FOR PRIMARY / SENIOR SECONDARY SCHOOLS a. The applicant should have a wide experience of the project and its financial status should be sound. b. The fee structure of the school should meet the expectations of all categories of the society especially of lower income group. c. The allottee should allow full fee concession to atleast two students in each class on merit & income basis and allow other two student 50% concession in fees. In this category the children of Noida Authority employees would also be eligible. d. The allotee shall be required to give minimum 75% admission to the children of resident's of Noida notified area. However, this term can be relaxed under special circumstances with permission of CEO, NOIDA. e. The allotee shall be required to give admission to atleast two students in each section of each classes, recommended by Noida Authority. In this category the children of Noida Authority employees would also be eligible f. The allotee shall be required to get school recognized / affiliated by / to any State / Central Govt. Board /Council within three years from the date of functioning. 18. FOR RELIGIOUS I SOCIAL I CULTURAL CHARITABLE_INSTITUTIONS : - a. The allotment of land for religious / social/cultural use will be made only in favour of charitable Trust or a Society duly constituted in India and registered with the competent Authority. b. The Trust / Society must possess necessary funds, facilities and capability to run the proposed institution. c. The allotment of land shall be made on the application of Society / Trust. Authority will reserve the right to accept or reject any application without assigning any reason. d. Only those Societies I Trust will be entitled for the allotment who have obtained the No objection certificate from District Authorities to run the proposed Institution. If applicable. e. For Anathalya/ Widow Ashram/ Leprosy Centre land will be allotted to only those institutions of national & international repute and recognized by them. 11

12 19. For Special Category ( Senior Secondary School ) a. Proposed School should have tie up with National / International Education Institution or franchise / Affiliation of famous School. b. Applicant society or Trust have sufficient resources and can assure the construction of building with in two year from the date of taking over possession of plot. c. Applicant Society or Trust has to start school atleast up to seven standards with in two year from the date of possession of plot. d. The School Building and its maintenance should have international standard & fee structure should be made in such a way that middle & Lower income group can also bear the expenses of school. e. The applicant Society or Trust shall be required to give minimum 75% Admission to the children of residents of Noida notified area. f. The applicant society or trust should allow full fee concession to atleast 10% poor children in each class. 75% fee concession in fees in these category the children in each class for rank I,II & III. g. The applicant society or trust should allow admission of 10% in each class of NOIDA employee s children and NOIDA villagers, whose land have been acquired by NOIDA. h. All terms and conditions applicable on clause 17 shall apply on this category also. Note (I) (II) The allotment will be accepted by the allotee on As is where is Basis. The allottee is advised to visit the site before submission of application form/ interview for allotment. Provision related to the fire safety shall be observed by the allottee. Necessary approval shall be obtained from the Competent Authority by the allottee. (III) THE ALLOTTEE/ LESSEE SHALL HAVE TO MAKE SUFFICIENT PROVISION OF PARKING IN THE PLOT ITSELF AS PER NEW OKHLA INDUSTRIAL DEVELOPMENT AREA (PARKING) DIRECTION, TERMS AND CONDITIONS FOR APPLYING FOR IT. / ITES SERVICES 1. Applicant applying for 5 acre or more than 5 acre of land would be allowed to established S.T.P, / IT. park in pvt. Sector. In such proposals 10% area of total FAR would be permitted for institutional facilities and rest 90% be allowed for usage of IT / ITES service. 2. Minimum area of 2000 sq. mt. would be required for establishment of IT / ITES units, 3. In case of private STP / IT parks where the area is 10 acres or more and investment is proposed more than 50 acres in such cases 10% of FAR would be permitted for residential use of regular employees and officers of unit / organization along with regular allied services, guest house / hostel watchward and staff quarters for chowkidars and peons subject to the ratio of institutional and residential facilities should not exceed more than 15% of FAR and rest 85% FAR would be primarily used for IT / ITES services. 12

13 4. The allotee may be allowed to rent out the space as per requirement of IT / ITES for boosting the private STPs / IT parks in the field of IT. But before doing so prior permission from Noida Authority shall be obtained by which the eligibility of tenant may be fixed. 5. For IT / ITES units the maximum FAR required would be 150% of the area allotted to the applicant. INSTITUTIONAL FACILITIES PERMITTED IN THE AREA OF IT / ITES & STP / 1TP SERVICES ARE AS FOLLOWS 1. Waiting and transit areas. 2. Areas designated for public utilities, 3. Travel services. 4. Telephone exchange. 5. Electric sub station. 6. Waterworks. 7. Export related facilities. 8. Canteen / restaurant 9. Creche & day care center. 10. Operations and maintenance by specialized agencies. 11. Training center and library. 12. Health club and gym for users / residents of IT industries and IT enabled services, 13. Games / entertainment room for users / residents of IT industries and IT enabled services. 14. Banking and financial services. 15. Business and financial services. 16. Business center / conference facilities. 17. Shops. 18. Open eating kiosks. 21. Period of Lease The allotment of plot will be made on leasehold basis for a period of 90 years from the date of execution of lease deed. 22. DECLARATION We hereby declare that the informations submitted with application form are true to the best of our knowledge. Nothing has been concealed and no part of it is false. We further declare that we have carefully read and understood the terms and conditions for allotment of institutional plot and do hereby abide by the same. Each page of the terms & conditions has been signed. We are aware, if allotment is obtained on the basis of false information, NOIDA may cancel our allotment at any stage.