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These rules are called the APIIC Industrial Areas Allotment Regulations, 1998.
These Regulations shall always deem to apply for the allotments already made and to be made of plots, sheds, land, shops, go downs, etc., by the Corporation in its 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 to effect from 1.6.98 |

1.DEFINITIONS
2. PREPARATION
OF SITE PLANS AND MEASUREMENT OF PLOTS 3. NOTIFICATIONS
IN NEWSPAPERS INVITING APPLICATIONS & PUBLICATION
OF VACANCY
4. APPLICATIONS FOR ALLOTMENT 5.
REGISTRATION & SCRUTINY OF APPLICATIONS 6.
PROVISIONAL ALLOTMENT 7. FIXING OF COST OF PLOT/SHED 8. ALLOTMENT
BY AUCTION 9.
PAYMENTS
10. ALTERNATE
PLOTS
11. FINAL ALLOTMENT ORDER
12.
EXECUTION OF AGREEMENT OF SALE
13. PHYSICAL
POSSESSION
14. MONITORING
OF IMPLEMENTATION OF PROJECT
15. CANCELLATION
& WITH DRAWAL OF ALLOTMENT
16. RESTORATION
17.
REFUNDS
18.
CHANGES IN CONSTITUTION/TRANSFER OF ALLOTMENT
19.
EXECUTIONS OF SALE DEEDS
20. REPPORTING
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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” means
the industrial areas by whatever name
it is called i.e., Industrial Estate (IE),
Industrial Development Area (IDA), Self
Employment Industrial 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 Centre (IIDC), etc., developed
by the Corporation or vested with it where
plots, sheds, shops, (mulgees), go downs,
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.
- “Deputy Zonal Manager” means
the officer of the Corporation who has
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.
- “Assistant Zonal Manager”
means the officer of the Corporation who
has 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.
- “Sub-Zonal Office” means
the sub-ordinate office of a zonal office
headed by a Deputy Zonal Manager/Assistant
Zonal Manager as per the orders of the
Managing Director, and which is under
the control of a Zonal Manager.
“Allot tee” 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 MEASUREMENT OF PLOTS
Zonal Manager shall ensure that for each industrial
area, detailed survey and measurements are done,
site plans of Plots/Sheds/Shops/go downs, 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. NOTIFICATIONS
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
application in 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/go downs available
for allotment, rate of land/shed cost etc. for
a particular estate should be made available to
the entrepreneurs by Zonal Manager/ Assistant
Zonal 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 Management Director. |
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4. APPLICATIONS FOR ALLOTMENT
4.1 Applications for allotment of Plot/Shed/Shop/go
down in industrial areas for industrial purpose
and also for common use facilities for industries
shall be made in the prescribed format in Form
1.
4.2 The application forms can be obtained on
payment of application cost from the Zonal/Sub
Zonal and 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 Where ever sufficient application forms are
not available, Photostat copy of the prescribed
application form for allotment of Plot/shed/shop/go
down can also be used by entrepreneurs for filling
applications. However at the time of submission
of application, the applications 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 bank 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.250/- per
application. The entrepreneurs who belong to SC
or ST category are exempted from payment of Earnest
Money Deposit. How ever they must pay the non-refundable
process fee.
a) For Plots up to 1.00 Acre
b) For Plots beyond 1.00 Acre
c) For each Shed
d) For each Mulgi/ small go down
e) For each shop in Commercial Complex
f) For each house/flat
g) In the case of allotment through auction-5%
of the upset price fixed by the Corporation for
each Plot/Shed/Shop/go down etc.
4.7 The applicant must also enclose the following
documents to the application:-
a) Detailed Project Report/profile 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) 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 partners.
c) 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 all 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 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.
d) 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.
e) Wherever applicable the copies of certificates
relating to following items may be enclosed.
I) 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 component 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 (AZM/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 Receipt 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 & Assistant
Zonal 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 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/Assistant Zonal 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 applications should be returned to
the applicant along with Earnest Money Deposit
immediately with in 3 days of receipt of the same.
5.3 The 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: 15% of the
vacancies existing as on the date of consideration
of application.
b) ST applicants: 6% of the vacancies existing
as on the date of consideration of application;
c) Ex-Servicemen: 5% of the vacancies existing
as on the date of consideration of application;
d) The allocates 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) Techno crafts 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 case of the industrial areas
where allotment is through public auction.
5.5 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 decided and the provisional order or
rejection of application as the case may be shall
be issued with in (15) days from the date of receipt
of application in the Zonal/Sub-Zonal office in
full shape.
6.2 (a) Zonal Manager is competent
to make allotment up to two acre of land in any
industrial area under his jurisdiction.
(b) Zonal Manager can make allotments in industrial
areas in his jurisdiction beyond two acres of
land with the prior approval of Managing Director.
6.3 (a) On verification as per
Check Memo
If the application is in order
and the plot/shop/go down sought by the applicant
is vacant the Zonal Manager shall make provisional
allotment in the prescribed proforma in form 5
in favour of the applicant.
(b) If the plot/shed/shop/go
down 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 allocates, 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/Assistant
Zonal Manager to the applicant along with the
Earnest Money Deposit.
6.4 The provisional allotment
letter should indicate the plot/shed/shop/go down/No,
extent, purpose of allotment, and cost of land/shed/cost
development charges.
6.5 Wherever possible a sketch with boundaries
of plots and copy of site plan, items of the infrastructure
to be provided shall also be indicated along with
the provisional allotment letter.
6.6 The allot tee shall be liable to pay the entire
cost of the land/shed/shop/godown as indicated
in the provisional allotment with undertakings
as prescribed there in with in 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 dispatched to the address of
the allot tee by registered post with Acknowledgement
Due or handed over in person to the allot tee
under proper acknowledgement. |
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7.
FIXING OF COST OF PLOT/SHED
7.1 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 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 proportionate!
L7 to the cost of land and cost of development
charges.
7.3 The cost of the Shed/Shop/Go
down 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 The allotment shall be made
at the cost of Plot/Shed/Shop/Go down arrived
at as per the rates as fixed by 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 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) Front charges shall be levied
up to a maximum extent of 20,000/sq. meters 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 Plots/Land/Shed/Shop/Go
down.
(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/ST converted into Christianity
or Buddhism/ST entrepreneurs cost as one time
concession on production of Caste certificate
obtained from competent authority.
(b) The rebate of 10%
in land cost is granted in the case of Proprietary
concern of SC/ST entrepreneurs and in the case
of partnership firm where in the aggregate share
of capital and also in profit or loss of one or
more partners belonging to SC/ST entrepreneurs
and in the case of profit or loss of one or more
partners belonging to SC/ST shall not be less
than 51% till execution and registration of Sale
Deed by Corporation.
(c) However the SC/ST converted
into Christianity or Buddhism/ST allot tee(s)
shall not dilute his/their share (both I capital
and profit or loss in partnership firms) to less
than 51% till a sale deed is executed and is registered
by the Corporation; failing which the rebate so
granted stands automatically withdrawn from the
date of dilution of the share(s) to less than
51% and the amount of rebate so granted shall
become payable by the allot tee(s) with one month
of the 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 allot tee till payment of differential
amount. The rate of interest shall be as in force
of in Corporation as on the date of notice to
the allot tee.
(d) In respect of companies
registered under the Companies Act and such other
corporate bodies the above rebate meant for SC/ST
converted into Christianity or Buddhism allot
tees would not applicable.
(e) The above rebate shall not
be applicable to the addresses of backward class
community even if they converted into Christianity
or Buddhism.
(f) In cases of plots or sheds
which have been resumed and under re-allotment,
the structures/additions if any put up by the
erstwhile allot tees 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 allot tee(s) will be given
when plot/shed is re-allotted to SC/ST entrepreneurs
converted into Christianity or Buddhism (Proprietary
or Partnerships 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 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 Dispatches 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) APTRANSCO
(ii) APSRTC
(c) At commercial rate i.e., at double the rate
of the land cost prevailing as on the date of
allotment for:
(i) Banks;
(ii) Dispenpansaries run by private individuals/missionaries;
(iii) Any other commercial purposes;
(d) An extent not exceeding 500.00sq.
Meters would be earmarked for the Service Society
of the industries located in the industrial area
or for any activity of the corporation.
7.8 If at any time excess area is found in possession
of the allot tee, 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 allot tee 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 Assistant Zonal Manager. However
if such encroachment is fond 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.
7.9 In 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 allot tees 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 AUCTION:
8.1 Plots/Sheds/Shops/Go downs
etc., in the industrial areas as specified by
the Corporation from time to time would be allotted
through Public auction. In respect of shops and
go downs 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/go downs whose allotment
is to be done by public auction in the local news
papers at least one 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.
8.2 The plots/sheds allotted
by Public auction shall be utilized for industrial
purposes only.
8.3 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 addresses |
Name of indl Upset price Amount
of Sig
area and plot/ of the unit bidder Ack
/shed/Shop no of DD/Bc
for which he intends DD of
to participate in auction |
Upse Price of the Unit |
DD No. date/Bank |
Amount of bidder
Bidder Acc
Acc of DD/Bc/Po of at coloumn(6) |
Signaure |
| 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 DD's 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 Report 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.
8.4 If any entrepreneur desires
to participate in bidding for more than one plot/shed/shop/go
down separate Security Deposit shall be made for
each plot/shed/shop/godown.
8.5 Unsuccessful bidder for a
particular plot/shed/go down may be allowed to
participate in the auction for another shop/godown
with the same Security Deposit, if the Security
Deposit amount already deposited amount already
deposited by him is not less than the amount prescribed
for the next Plot/Shed/Shop/Godown etc.
8.6 Immediately after the auction
is over, Zonal Manager shall give, a letter of
offer to the successful bidder stipulating that
the successful
8.7 If the highest bidder fails
to make the payment with in the stipulated time,the
earnest Money Deposit paid shall be forfeited.No
extension of time for payment of amount shall
be considered under any circumstances.
8.8 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.
8.9The Corporation reserves its right to cancel/postpone
the auction at any time without any notice or
assigning any reasons there-for
8.10After 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.
8.11Possession of the Plot/Shed/godown/shop shall
be hnded over to the successful bidder only after
receipt of entire accepted bid amount and fulfillment
of the other terms and conditions or provisional
allotment letter.
8.12(a) The upset value of plot/shed/shop/godown
would be the sum total of the plot value and structure
value.The highest value out of the following three
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.
8.13 The evicted 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 shall be collected by
Zonal Manager/Assistant Zonal Manager within ninety
days of receipt of provisional allotment letters
by the allot tees, in autonagar 50% cost shall
be paid without interest with in 90 days and the
balance 50% between 31st to 180 days with interest.
In respect of allotments made by auction. The
entire cost is to be collected as per the clause
No: 8.1, 8.6 and 8.10.
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 allotment
of alternate plots shall be made in writing to
the Zonal Manager/Assistant Zonal Manager within
90 days of receipt of provisional allotment letters.
No application shall be considered if the requests
are made thereafter.
10.2 Zonal Managers on the request made by an
allot tee 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 with in 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 abuts the
National High way/State Highway/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 plot
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 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
in form 8 shall be executed by the allot tee 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 allot
tee immediately after expiry of (30) days from the
date of issue of final allotment letter for execution
of agreement 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, the Zonal Manager/Assistant
Zonal 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/Assistant Zonal 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 allot tee Zonal Manager/Assistant Zonal Manager
on behalf of the Corporation at the time of handing
over possession of plot/shed. |
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14. MONITORING
OF IMPLEMENTATION OF PROJECT:
14.1 The allot tee should implement the project
in full as envisaged as per the Project Report submitted
by him at the time of filing application for allotment
and gone into commercial production within 2 years
from date of taking over possession/sale agreement
whichever is earlier.
14.2 Where for bonafide reasons there is some delay
in implementation, the allot tee must at-least implement
the project substantially within 2 years from date
of taking over possession/sale agreement whichever
is earlier. The allot tee must complete civil works
and complete erection of most of the plant and machinery
to an extent of at-least 80% of the total proposed
built up area as per the Project Report and the
sanctioned building plan.
14.3 Works like compound wall, fencing, and filling
up of earth and other measures to protect the property
shall be excluded while computing the works, implemented.
The present market value in such cases will be the
price of allotment in that industrial area as fixed
by the corporation at the time of computation/inspection/cancellation
as the case may be.
14.4 The allot tee must submit to the concerned
Zonal Manager reports about the progress in implementation.
It shall be the duty of the concerned Zonal Manager
& Assistant Zonal 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
(form10) to Head Office. If the Zonal Manager fails
to such Reports to Head Office, he shall obtain
prior permission of Head Office before execution
of Sale Deed in favour of the allot tee.
14.5 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 or substantially 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.
14.6 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, the relevant
file may be closed and sent to records, wherever
conditions are not fulfilled, effective follow up
action shall be taken case-wise/Estate-wise. |
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15. CANCELLATION
& WITH DRAWAL OF ALLOTMENT:
15.1 In case of failure on the part of the allot
tee to make total payment towards cost of plot/shed/shop/godown
within the stipulated time of 90 days from the date
of Provisional allotment letter, the Zonal Manager/Deputy
Zonal Manager shall cancel the provisional allotment
immediately on completion of 90 days.
15.2 Even though total cost is paid by the allot
tee but if he fails to execute agreement of sales
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 allot tee to the effect
that if the allot tee fails to execute agreement
or sale within 15 days of receipt of notice the
provisional allotment letter would be treated as
withdrawn.
15.3 If the allot tee fails to pay the dues of the
Corporation in full or if the allot tee violates
any terms and conditions of provisional allotment
order and of sale agreement or if the allot tee
fails to implement the project fully or substantially
with in stipulated time of two years from the date
of execution of sale agreement, the Zonal Manager
/Deputy Zonal Manager should issue a 15days notice
in the prescribed proforma in form 11 to the allot
tee 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 allot tee give a written explanation for
the notice, the Zonal Manager/Deputy Zonal Manager
shall examine the explanation given by the allot
tee 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 allot tee to surrender the same
or to pay the outstanding dues along with application
of restoration with penalty of restoration and other
enclosures prescribed.
Provided if the allot tee has paid the total cost
of the property allotted along with order dues but
failed to implement the project fully or substantially,
the Zonal Managers shall give their justification
for cancellation.
15.4 The Cancellation Orders
cum Resumption shall be sent to the address given
in the Application form or to last known address
of the allot tee by post under Registered Post
& Ack. Due and certificate of Posting. If
the acknowledgement 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.
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 filled in
the file as it is.
15.5 On the date of subsequent
to mentioned in the Cancellation Order cum Resumption
Notice, the Deputy Zonal Manager/Assistant Zonal
Manager shall enter the premises under resumption
in the presence of witnesses duty conducting a
Resumption Report on this part.
Copy of Resumption Report must be sent to the
defaulter allot tee b Registered post with Acknowledgement
Due, a copy of it must be got affixed on conspicuous
place f the premises in the presence of (3) mediators.
While resuming the premises, (colored) 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 /Assistant Zonal 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 allot tee or any other person.
After resumption 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 Manager/
Assistant Zonal Manager during Panchanama, it
may be disposed off duly obtaining prior permission
of Managing Director.
immediately after resumption of plot/shed/shop/godown
and before re-alloment of shed, a deed of cancellation,
cancelling he registered sale agreement of the
agreement
Pending(Immediately after resumption of plot/shed/shop/godown
and before re-allotment of shed, a deed of cancellation,
concealing)up to here.
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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
in the next one year 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 within one year
of restoration in the prescribed proforma in Form
No 13A along with the penalty for restoration
of allotment. In exceptional cases the time for
filing of application for restoration can be extended
up to one more month for reasons to be recorded
in writing by the Zonal Manager.
16.3 In cases where allotment 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 along with entire
balance dues accompanied with penalty of restoration
of allotment. In exceptional cases the time for
filing of application for restoration can be extended
up to one more month for reasons to be recroded
in writing.
16.4 On receipt of application for restoration
within the prescribed time, along with balance
dues, penalty for restoration and undertaking
for completion of implementation of project with
in one year of restoration and other 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 order by allot tee. If the case
is not fit for restoration or the application
is not recieved within stipulated time along with
balance dues, penalty for restoration and documentary
evidence etc., the Zonal Manager shall reject
the application for restoration and return the
penalty for restoration to the applicant.In any
case final decision shall be communicated by Zonal
Manager to the applicant within 30 days of reciept
of application for restoration.
16.5 a) In case of cancellation of allotment for
non-implementation of Project, the penalty for
restoration shall be 1% of the prevailing cost
of the plot area (even in the case of sheds, shops,
godowns) fixed by the Corporation at the time
of restoration; out of the penalty so collected,
50% should be utilized for maintenance of the
industrial area through the local authority.
b) In the case of cancellation of allotment for
non-payment of dues to the Corporation provided
the project has been implemented, the penalty
for restoration shall be 1% of the prevailing
cost (land cost plus development cost) of the
plot area (even in the case of sheds, shops, godowns)
fixed by the Corporation at the time of restoration.
c) The amount of penalty levied for restoration
of allotment does not form part of sale consideration
and no interest is levied on this amount.
16.6 No restoration of allotment shall be issued
if the allot tee is arrears to the Corporation.
16.7 If the allot tee 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/Assistant
Zonal Mamager 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 refuned. The Process fee is 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 is issued but the allot
tee fails to comply with the terms and conditions
of allotment, the EMD to the extent specified in
Rule 4.6 shall be forfeited.
(d) No interest is payable to the allot tee on the
EMD/amounts refundable.
17.2 If the allotment is cancelled and the plot/shed/shop/godown
is resumed, and if the allot tee fails to apply
for restoration of allotment within one month of
reciept of cancellation orders if the allot tee
surrender the plot/shed/shop/godown, the amounts
paid by the allot tee 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) No interest shall be payable to the allot tee
on the amounts paid by him
(b) Amount to be deducted on the cost of original
allotment would be worked out taking the period
of occupation of the Plot/shed into account as per
the schedule indicated below. Refunds would be made
duly deducting the amount so arrived at from the
payments made by the allot tee to Corporation towards
cost of Plot/shed etc.
(c) The amount paid towards interest component would
be deleted from the amount paid by the allot tee
while refunding amount. Interest on arrears payable
by the allot tee as on date of surrender/resumption
however would not be deducted from out of the amounts
paid by the allot tee.
| period of occupation
from the date of handling Over possession |
Percentage of the
amount to be deducted on the handling over
cost
of the original allotment of Plot/Shed. |
| 1 |
1.Up to one year |
3% |
| 2 |
1-2 |
6% |
| 5 |
2-3 |
9% |
| 4 |
3-4 |
12% |
| 5 |
4-5 |
14% |
| 6 |
5-6 |
16% |
| 7 |
6-7 |
18% |
(d) The amounts paid towards
process fee, penalties, surcharges are not refundable.
(e) The amount towards repairs, damages caused,
loss, theft of fittings, shall be deducted out
of the amount if any refundable to the allot tee.
(f) In case where possession was not delivered,
the amounts paid towards the cost plot/shed/godown/shop
shall be refunded duly forfeiting the EMD and
the process fee.
(g) In case the amounts paid by the allot tee
is lesser than the amount to be deducted, no amount
is refundable to the allot tee.
(h) In case power supply is obtained by the allot
tee, a "No Dues Certificate" and "Dismantling
Certificate" of the power connection by the
APTRANSCO shall be submitted before refund.
(i) Dues in respect of water charges shall be
deducted for the actual consumption as against
the maximum rate as per the agreement.
(j) The allot tee 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 allot tee 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-allot tee or adjust the amount towards
rental demands for period of occupation of the
property by the allot tee or otherwise direct
the allot tee 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
a) Any request for approval of change in constitution/transfer
of allotment/change in ownership of plots/sheds/shops/godowns
may be considered for approval by levying 10% on
the prevailing land cost as on the date of according
approval subject to condition that the sale consideration
in full should have been paid by the applicants
and project implemented by the time such a request
is made to APIIC.
b) In respect of changes in constitution, transfer
of allotments, changes in ownerships etc., that
occur in case of sick units, the sale deed should
be executed only after revival of the unit or implementation
of the industrial project by the incoming party.
A condition to this effect should be incorporated
in the approval orders duly collecting fee @ 10%
on the prevailing land cost.
c) In respect of changes among the legal heirs due
to the death/retirement of the original partners
and changes among the family members and transfer
of allotment within the family members, the process
fee should be levied @ 2% on the prevailing land
cost (even in the case of shed/shop/plot/godown
allotments).
d) In respect of transfer of allotments to third
parties by APSFC/Banks/Public Financial Institutions,
process fee should be levied @ 2% on the prevailing
land cost, wherein NOC was issued by APIIC and dues
on sale consideration are paid by the respective
financial institutions. In case, NOC is not issued
by APIIC or balance sale consideration is not paid
in levied at 10% on the prevailing land cost (even
in the case of shed/shop/plot/godown allotments).
e) In respect of the changes in constitution, wherein
amalgamation/merger of Companies taken place as
per the request made by the allot tee companies
or by the orders of the Court of Law, the process
fee is to be levied @ 10% on prevailing land cost,
limited to maximum of Rs.5.00 lakh (Rupees five
lakhs).
18.2 The change in constitution shall be approved
subject to condition that a supplementary sale agreement/Amendment
to Sale agreement should be entered into duly paying
the appropriate stamp duty by the re-constituted/new
concern. The supplementary sale agreement shall
be executed and get registered as and when changes
in constitution is approved. In the case of transfer
of allotments in favour of king (s) of allot tees
and also transfer of allotment through financial
institutions deed of cancellation shall be executed
and got registered to cancel the previous sale agreement
before execution and registration of fresh sale
agreement by the transfer. |
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19.
EXECUTIONS OF SALE DEEDS:
19.1 Sale Deed in the prescribed format form 17
shall be executed in favour of the allot tee after
fulfillment of the following conditions by him:
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a) Payment of all dues including interest, penalty,
process fee/charges, water charges property tax,
etc.
b) On implementation of the project fully or substantially.
19.2 The Zonal Manager /Deputy Zonal Manager shall
identify the allot tees who have fulfilled the above
conditions and who are eligible for obtaining sale
deeds from the Corporation and keep the accounts
of the allot tee ready to issue sale deeds as and
when the allot tee desires to obtain sale deed for
plot/shed/shop/godown. A notice for sale deed in
Form 5 should be issued in the case of allot tees
who are eligible for obtaining sale deed.
19.3 After fulfillment of conditions specified above
the allot tee shall without delay make an application
to the Zonal Manager/Assistant Zonal Manager for
issue of sale deed.
19.4 Immediately when the allot tee 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 allot tee
towards cost of the plot/shed/godown, fee for change
in constitution, restoration etc, as per the procedure
prescribed.
(b) To get the premises surveyed to find out the
exact extent in occupation by the allot tee.
(c) Verification of implementation of the project.
(d) Confirmation of payments made towards other
dues like water charges, maintenance charges, property
tax etc.
19.5 The Zonal Manager shall within 30days of the
receipt of application for sale deed inform to the
allot tee or the applicant as the case may be in
the Form No 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.
19.6 The allot tee shall pay the dues and produce
stamp papers within 30 days of receipt of intimation
from the Zonal Manager. Within 7 days of receipt
of payments of dues and the required stamp papers/documents
from the allot tee, the Zonal Manager or Deputy
Zonal Manager with Approval of Zonal Manager shall
execute the sale deed in favour of allot tee and
get the same registered.
19.7 In the case of allotment of undeveloped land
acquisition cost plus service charges, sale deed
can be executed after settlement of claims filed
by Pattadars in Courts for enhancement of compensation
under Land Acquisition Act and after complying with
the conditions like payment of entire sale consideration
together with all other dues including property
tax etc.,
19.8 In the cases, where financial institutions
insist for sale deed before project implementation,
the Zonal Manager shall release for confirm letter
to facilitate sanction of loan financial assistance.
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20. REPPORTING
It shall be the responsibility
by the Zonal Manager to send monthly Development
Report (MDR) in the prescribed format (Form 18)
to Managing Director in respect of all the industrial
areas under his jurisdiction so as to reach Head
Office by (5)th of every month.
21. 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 be 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.
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