The allottee shall have the right to sub-lease, or rent the built-up space available in the building constructed on the allotted plot as per the rules and provisions mentioned herein after execution of lease deed and on the terms & conditions imposed or communicated at the time of granting such permission and/or prevalent terms of Authority.

1. Any person, trust, firm or company may submit tender for the plot who have constructed and managed or are in the process of constructing and managing/running a Shopping Mall conforming to international standards in an area of at least 10,000 sqm of constructed area are eligible to tender for the plot.

2. Change in the name of intending tenderer will be allowed under exceptional circumstances provided the promoters remain the same.

3. The tenderer should be legally competent to submit the tender and enter into contract.

The tenderer may apply on prescribed application form available from Oriental Bank of Commerce, A-30 to 33, Ist Floor, Connaught Place, New Delhi and from Bank of Baroda branch at Gr. Noida office complex w.e.f. 03.12.2001 to 26.12.2001 on payment of Rs.1000/- in cash. The tenderer has to follow tender procedure detailed below and has to submit the tender in the prescribed application form in the tender box available in the Board Room of GNIDA Office Complex, 169 Chitvan Estate, Sector Gamma, Gr. Noida City, Greater Noida on 28.12.2001 between 12 PM to 3 PM The Pre-Qualification Bid envelope shall be opened on the same day at 4.00 P.M. Board Room, GNIDA Office Complex, 169 Chitvan Estate, Sector Gamma, Gr. Noida City, Greater Noida. The pre-qualification documents/envelope must contain separate drafts of the required processing fee & earnest money.

The Pre-Qualified Developers� Price-Bid envelopes shall be opened on 29.12.2001 at 4 P.M. Board Room, GNIDA Office Complex, 169, Chitvan Estate, Sector Gamma, Gr. Noida City, Greater Noida . The tenderers who wish to be present during the tender opening are welcome.

1. The tenderer shall submit sealed pre-qualification bid and financial bid.

2. Pre-qualification bid form alongwith demand draft for earnest money of Rs.50 lakhs in favour of Greater Noida Industrial Development Authority,Gautam Budh Nagar, payable at New Delhi/Noida/Greater Noida and documents in support of pre-qualification shall be put in the first envelope duly sealed and marked as "Pre-Qualification Bid".

3. Financial bid, quoting the bid amount per sqm in figures and words on the financial bid form shall be put in the second envelope duly sealed and marked as " Financial Bid:.

4. These two envelopes shall be put in third envelope duly sealed and shall be put in the tender box kept in the Authority.

5. In case of discrepancy found in the figure and words of the tendered amount, the amount mentioned in words shall be taken into consideration as the final amount.

Note:

1. Circulation Area shall be counted in FAR.

2. The basement will not be counted in FAR if used for parking services, but if used for shopping the same will be counted in FAR.

3. Provision for 1000 cars is compulsory.

4. Service floor shall not be allowed.

5. The mezzannine floor shall be a part of the FAR.

6. The fa�ade will be in conformity with usage of building and shall be approved by the Authority.

7. The maximum permissible height of the building is 40 mtrs. and there is no restriction on height between two floors.

8. Atrium shall not be counted in FAR.

9. Sub-division of the plot shall not be permitted.

1. This is an indicative list of permissible uses. For any other use, necessary permission will have to be taken from the Authority.
   

1. Leisure Area

2. Bowling Alley

3. Cinemas/Multiplex

4. Fast Food

5. Music Store

6. Children's Entertainment Centre

7. Super Market Anchored with Kids Village

8. Gymnastics

9. Swim Centre

10. Kiosks

11. Business Centres

12. Health Club

13. Offices

14. Conference Hall/Banquet Halls

15. Landscaped Courts

16. Restaurants

1. In case of successful bidding the tenderer shall be required to pay 15% of the total premium of the plot (after adjusting the earnest money) within one month from the date of issuance of Allotment Letter after which lease deed can be executed. Balance 85% of the premium shall be payable in yearly installments payable within a period of 10 years, (from the due date of deposit of allotment money) including one year of moratorium (when interest will be payable).

2. The interest rate on installments shall be kept floating with Greater Noida Industrial Development Authority�s interest rate for deferred payment as notified from time to time and will be applicable from the first day of the succeeding calendar month. The present interest rate for deferred payment is @ 14% p.a. (applicable rate).

The payment of the balance of the principal amount will be as shown below:

1. I Year 0
2. II Year 3%
3. III Year 4%
4. IV Year 5%
5. V Year 7 %
6. VI Year 10 %
7. VII Year 13%

8. VIII Year 16%

9. IX Year 19%
10. X Year 23%

In addition to the principal, interest, will be calculated on reducing balance principle annually, and will be payable each year including the first year.

1. The successful tenderer shall complete the project within nine and half years from the date of allotment or nine years from the date of execution of lease deed whichever is earlier. However, further extension in exceptional cases on the satisfaction of Chief Executive Officer or his authorised officer, can be granted on payment of extension charges as per prevailing policy of the Authority.

2. The lessee may change the design with the permission of GNIDA only after completion of Phase-I.

3. The tenderer shall submit to GNIDA Phasing Plan along with PERT Chart of the whole project of which first phase would be at least 25% of FAR allowed and should aim at making at least 3 activities are fully functional as given in clause-D. Phasing shall have to be done in such a way so that the first phase will be completed within three and a half years of execution of lease deed or four years from the date of allotment whichever is earlier. The design of the complex shall be submitted within 3 months from the date of execution of lease deed.

4. The allottee is required to obtain necessary statutory permission such as fire saftey and any other license as applicable from the competent authorities before coming into operation. The Authority shall not be responsible for consequences arising out of failure to do so.

1. The Authority shall have no objection if the lessee enters into an agreement for transfer of the area Alloted to him before obtaining completion certificate.

2. The lessee shall be required to deposit the full payment of the land and one time lease rent on pro rata basis for the area being transferred.

3. However physical possession of the premises can be given by the lessee after receipt of completion certificate from the Authority.

4. The purchasers/transferee, will be governed by the same terms and conditions as applicable to the allotte or lessee. The terms & conditions of the lease deed executed between the Authority and allottee shall form part of the sub-lease executed between the lessee and the sub lessee and it will be binding on the sub lessee also.

5. For each subsequent transfer after the first transfer the lessee/sub lessee shall have to take NOC from the Authority and pay transfer charges as per rates which may be settled by the authority from time to time.

GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY: Standard Clauses

GENERAL TERMS AND CONDITIONS FOR ALLOTMENT OF COMMERCIAL PROPERTY

A. Mode of Payment

1. The Chief Executive Officer of the Authority may without assigning any reason, withdraw all, or any one or more, of the commercial plots from the offer/tender at any stage.

2. The offers shall be for the amount of the premium offered for leasehold rights in the commercial plots.

3. The Chief Executive Officer may accept or reject any offer including the highest and his decision in this behalf shall be conclusive, final and shall not be questioned by any tenderer.

4. Incomplete tender shall be summarily rejected.

5. The tenderer can not withdraw Offer/Tender once made.

D. AS IS WHERE IS BASIS:

E. UNSUCCESSFUL TENDERERS:

1. The tenderer/allottee/lessee may apply for the surrender of the commercial plot to Greater Noida within one month from the date of allotment, and the Chief Executive Officer, or any officer authorised by Chief Executive Officer, may in his absolute discretion permit the same. In case such surrender has been permitted to the tenderer/allottee, the amount deposited/paid as an earnest money shall be forfeited in favour of Authority and the balance amount, if any shall be refunded to the tenderer/allottee without any interest.

2. In case of surrender after one month from the date of allotment but before the execution of lease deed, the Chief Executive Officer, or any officer authorised by the Chief Executive Officer, may in his absolute discretion permit the same. In case such surrender has been permitted to the tenderer/allottee, 25% of the total premium of the commercial plot together with interest, extension charges paid/payable subject to the amount deposited till date of request of surrender received in the office of Greater Noida will be forfeited in favour of lessor and the balance amount, if any shall be refunded to the allottee without any interest.

3. No surrender shall be allowed after execution of lease deed.

NOTE The date of surrender in the above cases shall be the date on which application is received at the Authority�s office. No subsequent claim on the basis of postal certificate will be entertained.

G. CANCELLATION:

In Addition to the other specific clauses relating to cancellation, the Authority/Lessor as the case may be, shall be free to exercise its rights of cancellation of lease/allotment in the case of :

1. Allotment being obtained through misrepresentations/suppression of material facts.

2. Any violation of directions issued, or rules or regulations framed, by the Authority, Pollution Control Board or by any other statutory body.

3. Default on the part of the applicant/allottee/lessee for breach/violation of terms and conditions of registration/allotment/lease and/or non deposit of allotment amount.

In the event of cancellation, under sub-clause (1) above, the entire deposits and/or earnest money till the date of cancellation shall be forefeited and possession of the plot will be resumed by the Authority/lessor with structure thereon, if any, and the allottee/lessee will have no right to claim compensation thereof.

In the event of cancellation, under sub-clause (2) & (3) above, the allotment/lease shall be liable to be cancelled/determined and 30% of the bid amount together with interest, extension charges, lease rent or any other charges paid shall be forfeited in favour of the Authority. However forfeited amount shall not exceed the total amount paid up to that stage. Possession of the plot with structure, if exists thereon, shall be resumed in favour of the Authority and the lessee shall not be entitled to claim any compensation thereof.

H. LEASE RENT

1. In addition to the premium payable, advance annual lease rent shall be paid at the time of execution of lease deed at the rate of Rs.1/- per sq.mtr on annual basis for the first two years @ 2.5% of the total premium of the commercial plot for remaining eight years of first ten years shall be payable in advance every year. The Authority will be empowered to enhance the annual lease rent on expiry of every 10 years from the date of execution of the lease deed by an amount not exceeding 50% of the annual lease rent payable at the time of such enhancement.

OR

The allottee/lessee has the option to pay 11 years lease rent @ 2.5% p.a. of the total premium as ONE TIME LEASE RENT.

2. In case of default in payment of lease rent, interest @ 5 percentage points above the applicable rate compounded half yearly shall be payable on the defaulted amount for the defaulted period.

NOTE If the allottee chooses the option to pay annual lease rent at the time of execution of lease deed, he can subsequently exercise his option to pay one time lease rent indicated above.

I. EXECUTION OF LEASE DEED AND POSSESSION:

The allottee will be required to enter into legal documentation and take possession of the commercial plot within the period stipulated in special terms and conditions of the brochure. In the event of failure to do so, allottee shall be liable to pay administrative charges at the rates prescribed from time to time. However to execute the document a maximum extension of 3 months from the stipulated date of execution of legal documents will be ganted. If the allottee fails to execute legal documents within the extended time, action for cancellation of allotment and forfeiture of deposited money shall be made.

J. DOCUMENTATION CHARGES:

The cost and expenses of preparation, stamping and registering the legal documents and its copies and all other incidental expenses will be borne by the allottee who will also pay the stamp duty of transfer of immovable property levied or any other duty or charge that may be levied by any Authority empowered in this behalf.

K. MORTGAGE:

The allottee/lessee may, with the previous consent of the lessor, mortgage the land to any Government recognised institution for raising loan for the purpose of funding the institution and subject to such terms and conditions as may be decided by the lessor at the time of granting the permission,

Providing that in the event of sale or fore closure of the mortgaged or charged property the lessor shall be entitled to claim and recover such percentage, as decided by the lessor, of the unearned increase in the value of said land as first charge, having priority over the said mortgage charge. The decision of the lessor in respect of the market value of the said land shall be final and binding on all the parties concerned. 

Provided further that lessor shall have pre-emptive right to purchase the mortgage or charged property after deducting such percentage as decided by the lessor of the unearned increase as aforesaid.

The lessor�s right to the recovery of the unearned increase and the pre-emptive right to purchase the property as mentioned herein before shall apply equally to involuntary sale or transfer, be it by or through execution of decree of insolvency/court.

L. OCCUPANCY/FUNCTIONAL:

The allottee/lessee shall have to make the commercial plot functional within the period as stipulated in the Special Condition as in clause 'I'.

M. TRANSFER/SUB LEASE OF PLOT

M-1 TO LEGAL HEIR:

The transfer of plot to his/her legal heir will be allowed on the demise of the allottee/lessee with prior permission of the Chief Executive Officer/or any Officer authorised by CEO in this regard, subject to the fulfillment of prescribed conditions.

M-2 TO OTHER THAN LEGAL HEIRS:

That the lessee shall not be entitled to sell, transfer, assign or otherwise part with possession of the whole or any part of the commercial plot before making payment of the full premium of the commercial plot to the Authority. The Chief executive Officer, Greater Noida or any authorised officer may grant such permission as per prevailing policy of the Lessor. However, the Lessor reserves the right to reject any transfer application and/or may impose charges as per policy prevailing at the time of granting such permission of transfer.

Provide further that no transfer permission is required and no transfer charges will be payable in case of booking for sale/transfer of built up space/floor space from the original allottee of the land/plot to the first purchaser/transferee.

N. MISUSE, ADDITIONS, ALTERATIONS ETC.:

The allottee/lessee shall not use the plot for any purpose other than for which the plot has been allotted. The lessee/allottee shall not be entitled to divide the plot or amalgamate it with any other commercial plot without the prior written permission of Chief Executive Officer or any officer of Authority, authorised by C.E.O. In case of violation of the above conditions, allotment shall be liable to be cancelled and possession of the premise alongwith structures thereon, if any shall be resumed by the Authority.

O. LIABILITY TO PAY TAXES:

The allottee/lessee will be liable to pay all rates, taxes, charges and assessment of every description imposed by any Authority empowered in this behalf, in respect of the plot, whether such charges are imposed on the plot or on the building constructed thereon, from time to time.

P. OVERRIDING POWER OVER DORMANT PROPERTIES:

The lessor reserves the right to all mines, minerals, coals, washing gold�s, earth oils, quarries in or under the plot and full right and power at any time to do all acts and things which may be necessary or expedient for the purpose of searching for, working and obtaining, removing and enjoying the same without providing or leaving any vertical support for the surface of the plot or for the structure time being standing thereon provided always, that the lessor shall make reasonable compensation to the allottee/lessee for all damages directly occasioned by exercise of the rights hereby reserved. The decision of the C.E.O. on the amount of such compensation will be final and binding on the applicant.

Q. MAINTENANCE:

The Lessee of the premises shall be required to form Maintenance Agency/Society for maintenance of circulation and other common areas. Occupants shall also be required to become member of such Agency/Society and deposit requisite charges to such Agency/Society as demanded from time to time, as per the prevailing rules.

1. The allottee/lessee at his own expense will take permission for sewerage, electricity, and water connections from the concerned departments of the Authority or from the competent authority in this regard.

2. The Lessee shall be required to form a Maintenance Agency/Society for maintenance of circulation and other common areas. Occupants shall also be required to become member of such Agency/Society and deposit requisite charges to such Agency/Society as demanded from time to time, necessarily.

3. That the allottee/lessee shall have to plan a maintenance program whereby the entire demised premises and buildings shall be kept:

1. at all times in a state of good and substantial repairs and in good sanitary condition to the satisfaction of the Lessor,

2. and the available facilities as well as the surroundings neat and clean and in good healthy and safe condition to the convenience of the inhabitants of the place.

4. That the allottee/lessee shall abide by all Regulations, By-laws Directions and Guidelines of the Authority framed/issued under section 8, 9 and 10 or under any other provisions of the U.P. Industrial Area Development Act 1976 and rules made therein.

5. In case of non-compliance of terms & directions of Authority, the Authority shall have the right to impose such penalty as the CEO may consider just or expedient.

6. If the maintenance work of any area is not found satisfactory as per the Authority guidelines, then the required maintenance work will be carried out by the Authority and the expenses incurred in carrying out such works will be borne by the allottee/s, collectively or in parts. The decision of the Authority will be final as to the expenses incurred in the maintenance work.

7. That the allottee/lessee shall not display or exhibit any posters, statues, other articles which are repungant to the morals or are indecent or immoral.

8. The allottee/lessee shall not display or exhibit any advertisement or placard in any part of the exterior wall of the Building, except which shall be constructed over the demised premises or at a place specified by the Lessor.

R. OTHER CLAUSES:

R-1 The Chief Executive Officer or any authorised officer reserves the right to make such additions/alterations or modifications in the terms and conditions of allotment from time to time as he may consider just or/and expedient.

R-2 In case of any clarification or interpretation regarding these terms and conditions the decision of Chief Executive Officer or Authority shall be final and binding on the applicants/allottee/lessee.

R-3 If due to any "Force majeure" or such circumstances beyond the Authority�s control, the Authority is unable to make allotment or the possession of the allotted plot, entire registration money or the deposits, depending on the stage of allotment will be refunded alongwith simple interest at the rate of 8% per annum if delay in refund is more than one year from such date.

R-4 Any dispute between the authority/lessor and allottee/lessee shall be subject to the territorial jurisdiction or the Civil Courts of Gautam Budh Nagar or the Court�s designated by the High Court.

R-5 The registration/allotment/lessee will be governed by the provisions of the U. P. Industrial Area Development Act, 1976(U.P.Act No.6 of 1976) and by the rules and/or regulations made or directions issued under this Act.

R-6 All arrears due to the lessors are recoverable as arrears of land revenue.

R-7 That the lessor hereby covenant that the lessee shall enjoy quiet possession of the demised premises without disturbance by it or its successors in interest or any person claiming title paramount thereto.

For further clarification please contact:

O.S.D (V)
GNIDA
Phone : (0118) � 4566147

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Greater Noida Industrial Development Authority
169, Chitvan Estate, Sector Gamma,
Greater Noida City, Greater Noida,
Distt. Gautam Budh Nagar, U.P.

Tel : (0118) 4566335-37  
Fax : (0118) 4566334  Prefix 91 for direct Dial from Delhi.|
E-mail : [email protected]