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
  
  

1.DEFINITIONS:

  1. “Corporation” means the Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC).
  2. “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.
  3. “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.
  4. “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.
  5. “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.
  6. “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.
  7. “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.
  8. “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: -
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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