TERMS AND CONDITIONS FOR INSTITUTIONAL SCHEME
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A) ELIGIBILITY
An individual/firm/trust/society or anybody corporate can
apply.
The applicant should be competent to contract.
B) PROCEDURE OF ALLOTMENT
1) HOW TO APPLY
Pick up the Brochure containing the application form for Rs.
500/- from the Office of the �Dy. CEO�, Greater Noida Industrial Development
Authority or from any of the bank branches listed below. For getting the
brochure by post, send a Demand Draft of Rs. 300/- made in favour of � Greater
Noida Industrial Development Authority� to The Manager, Bank of Baroda Extension
Counter, GNIDA office complex, Sector Gamma I, Dist. Gautam Budh Nagar, Pin-201
306 (U.P.)
Brochures are available at these banks:
Noida: Bank of Baroda, Sector -29. and HDFC
Bank, Sector 18, Noida
Delhi: HDFC Bank, K.G.Marg,
Connaught Place, New Delhi
Greater Noida : Bankof Baroda, Sector-Gamma II,
Greater Noida.
The application form is also available on our website.
Downloaded form complete in all respects, can be submitted along with a Demand
Draft of Rs. 500/- as application fee. Applications received without the fee
shall be liable to be rejected.
Technical offer for the above mentioned Institute shall be
duly superscribed on the sealed cover and shall contain complete Technical Offer
and two bank drafts one of Rs.500/- (Five Hundred Only) towards a non-refundable
and non adjustable processing fee and the other for registration amount of Rs.
10,000/- (Ten Thousand Only) for first acre of application and for subsequent
one acre and part there off, an additional registration amount of Rs. 10,000/-
each per acre shall be deposited along with the application. The technical offer
shall be submitted to the Office of The Dy. CEO, Greater Noida Industrial
Development Authority, 169, Chitvan Estate. Sector Gamma, Greater Noida City,
Greater Noida, (U.P.)
The technical offer should consist of the following
documents/contents.
i) Background of the promoters.
ii) Audited Accounts & Balance Sheet of last three years.
iii) Feasibility Report of the proposed institute.
iv) Three years projected cash flow of the institute
depicting sources of inflows for the project.
v) Registration/Certificates of incorporation.
vi) Land required depicting the land use pattern and
construction plan and schedule.
vii) Statement of sources of funds & liquidity certificate
from any Nationalised Bank/schedule Bank.
viii) Any other information, if any.
2)SCREENING
The technical offers shall be scrutinised by a designated
Screening Committee. The applicant, if it is felt necessary, will be invited for
detailed discussion/ presentation of his/her/their project. The final decision
of the Authority shall be intimated to the applicant within 15 days of receipt
of complete information/documents. The decision of the Authority in this regard
shall be final. The �Authority� shall have the right to acceptor reject any
offer without assigning any reason.
In case of applicants not appearing for presentation before
the screening committee (when directed), registration shall be cancelled and the
registration amount shall be forfeited in favour of the Authority without any
further notice.
C) I) PAYMENT PLAN
(Other than Hospitals but including Nursing Homes):
In the event of allotment, the applicant shall be required to
pay the premium of the plot as per schedule below:
(i) 10% of the total premium after adjusting registration
money already paid within 30 days of issue of reservation letter as �Reservation
Money�
(ii) Additional 20% of the total premium within 60 days of
issue of allotment letter as� Allotment Money�.
(iii) Balance 70% amount is payable in:
a) Three Year Payment Plan-
70% of the premium in 12 equal quarterly installments with
interest as applicable on the outstanding balance.
OR
b) Six Year Payment Plan-
70% of the total premium in 12 equal half yearly installments
with interest as applicable on the outstanding balance.
The first such installment will fall due on the date
calculated from the 61st day from the date of allotment.
II) PAYMENT PLAN FOR HOSPITAL ONLY:
(i) 20% of the total premium within 30 days of allotment as
Allotment Money.
(ii) Balance 80% of the total premium in 12 equal half yearly
installments with interest as applicable on the outstanding balance.
The first such installment will fall due on completion of one
year from the date of allotment.
1. Pre payment in whole or part is allowed. No rebate on
interest shall be allowable in case of pre-payment. In case the allottee opts to
pay the balance of the premium in a lumpsum, interest on the balance premium
upto the date of deposit shall be chargeable.
2. Extension for depositing reservation amount shall not
ordinarily be allowed. In case of default, the allotment offer would be
cancelled and the registration money will be forfeited.
3. In case of default in deposit of any money due to the
Authority the allottee / lessee would be required to pay an additional interest
5% above to applicable interest rate p.a. on defaulted amount for defaulted
period. This defaulted amount will be compounded half yearly and would be
payable along with additional interest of 5% above to applicable interest rate.
In case of default, the Authority shall issue notice giving
15 days time to deposit/rectify the default. Not more than three such
consecutive notices shall be issued. In the event of non-payment after three
defaulter notices, cancellation process will be initiated.
4. All payments should be made through demand draft drawn in
favour of �Greater Noida Industrial Development Authority� and payable on any
designated scheduled bank located in Delhi/New Delhi /Noida I Greater Noida with
intimation to the Authority.
5. The payment made by allottee /lessee shall first be
adjusted towards the interest due, if any, and thereafter the balance shall be
adjusted towards the installment due and the lease rent payable.
NOTE:- For the purpose of this document the date of issue of
allotment letter shall be reckoned as date of allotment.
D) LOCATION CHARGES:
Location charges shall be payable by the allotte�/Iessee @ 5%
of the total premium before execution of lease deed in lumpsum, in case the
allotted plot is located in any phase of Knowledge Park on the 45 mtr or above
size roads, provided that the allotment is of size 15 acres or less than that.
E) AS IS WHERE IS BASIS
The plot will be allotted on �As is where is basis� on lease
for a period of 90 years starting from the date of execution of lease deed.
F) AREA
The area of plot allotted may slightly vary at the time of
handing over of the possession. The premium of the plot will proportionately
vary due to such variation. If such variation is within 10% limits, no change in
location or surrender shall be allowed. However, if such variation is more than
10%, allottee shall have the option of getting allotment of same size of plot or
surrendering the allotment and take back entire money deposited by him / her
without any interest.
G) LEASE RENT
In addition to the premium of plot, lease rent shall be
chargeable from the date of execution of lease deed @2.5% of the total premium
p.a and shall be payable annually in advance. In case of default in payment of
lease rent, an additional interest rate 5% above to applicable interest rate
shall be charged on the defaulted amount for the defaulted period. The annual
lease rent may be enhanced on expiry of every 10 years.
The allottee shall have an option to pay a lumpsum amount
equivalent to 11 times of the annual lease rent i.e.27.5% of total premium
before the due date for execution of lease deed as a ONE TIME LEASE RENT.
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.
H) UNSUCCESSFUL APPLICANTS
The Registration money of the unsuccessful applicants will be
returned without interest with in one month of rejection of application.
I) SURRENDER
The allottee can surrender the plot before cancellation to
the lessor/CEO of the authority.
(I) Upto 30 days from the date of issuance of reservation
letter, 50% of registration money shall be deducted.
(ii) Beyond 30 days but before execution of lease deed 10% of
the total premium or the amount deposited upto the date of surrender, whichever
is the least, shall be forfeited.
The balance if any shall be refunded without interest.
(iii) No surrender shall be entertained after the execution
of lease deed.
NOTE :- The date of surrender in above case 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.
J) EXECUTION OF LEASE DEED AND
POSSESSION
The allottee can execute the lease deed and take over
possession of the plot at any ti me after he has deposited 30% of the total
premium of the plot (20% of the total premium of the plot in case of hospitals).
The date of execution of lease deed will be treated as the
date of handing over of actual physical possession, notwithstanding any other
claim.
K) 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 on transfer of
immovable property levied, or any other duty or charge that may be levied by any
Authority empowered in this behalf.
L) CONSTRUCTION
1. The lessee/allottee shall construct the boundary wall as
well as the building of the institution only after getting proper sanction of
the building plan by the lessor in accordance with the prescribed architectural
controls and relevant Building Regulations as well as any specific directions
that may be issued by the Authority.
2. A. The allottee / lessee shall commence the activity for
which the land has been allotted to him / her in the shortest possible time.
Keeping this end in view the Authority shall formulate a construction schedule
in consultation with the allottee Ilessee that will be adhered to by the
allottee/lessee.
B. The lessee shall construct as per approved building plan
and as per the construction schedule approved by the Authority.
C. In the event of failure to do so, the first six months
shall be allowed as a grace period without any penalty, for the next six months
penalty shall be 1% of the total premium of plot, for the second year penalty
shall be leviable ~ 1% per quarter for successive four quarters and thereafter
0.5% per month penalty shall be charged upto next three years. Thus total
extension can be granted maximum upto five years with the penalty percentage
mentioned above on the total premium of plot.
D. In case the applicant fails to commence the activity for
which the land has been allotted, within the time period, or extended time
period, decided for the purpose, the allotment/lease can be cancelled I
determined. On such cancellation / determination, 20% of the premium will be
forfeited, and the lessor shall resume possession of the plot, along with any
structure thereon, with the allottee having no nghtto claim compensation
thereof. The balance amount deposited shall be refunded without any interest.
M) MAINTENANCE
1. The allottee 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. That the lessee will keep the demised premises and
buildings
i. At all times in a state of good and substantial repairs
and in good sanitary condition tothe satisfaction of the Lessor.
ii. And the available facilities as well as the surroundings
be neat and clean and in good healthy and safe condition to the convenience of
the inhabitants of the place.
3. That the lessee shall abide by all Regulations, Bye laws
and Guidelines of the Authority framed/issued under section 8,9 and 10 or under
any other provisions of the U.P. Industrial Area DevelopmentAct 1976 and rules
made therein.
4. In case of non compliance of these terms and conditions,
and any directions of the Authority, the Authority shall have the right to
impose such penalty as the CEO may considerjust and / or expedient.
5. If the maintenance work of any area is not found
satisfactory according to the Authority, then the required maintenance work will
be carried out by the Authority and all the expenses incurred in carrying out
such works will be borne by the allottee.
6. That the lessee shall not display or exhibit any posters,
statues, other articles which are repugnant to the morals or are indecent or
immoral.
7. The lessee shall also 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 for the purpose by the lessor.
N) MORTGAGE
The allottee / lessee may, with the prior written 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.
Provided that in the event of sale or foreclosure 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 mortgaged 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.
0) TRANSFER OF PLOT
The allottee/lessee shall not be entitled to transfer the
plot before or after the erection of the building, without prior written
permission of the lessor. The permission may be given subject to the condition
that the plot is transferred to a similar institution or purpose and subject to
such terms and condition including payment of transfer charges as decided by the
lessor at the time of granting permission. The decision of the lessor shall be
final and binding.
P) MISUSE, ADDITIONS,
ALTERATIONS ETC.
The allottee I lessee shall not, use the land for any purpose
other than that for which it has been allotted / leased. The lessee I allottee
shall not be entitled to divide the plot or amalgamate it with any other plot
without the prior written permission of Chief Executive Officer or any officer
of Authority, authorised by CEO. In case of violation of the above conditions,
allotment shall be liable to be cancelled and possession of the premises along
with structure thereon, if any shall be resumed by the Authority.
Q) LIABILITY TO PAY TAXES
The allottee / lessee will be liable to pay all rates, taxes,
charges, user fee 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.
R) OVERRIDING POWER OVER
DORMANT PROPERTIES
The lessor reserves the right to all mines, minerals, coals,
washing golds, earth oils, quarries in or underthe 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(s) 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.
S) 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 and
regulations framed by the 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 reservation money.
In the event of cancellation, under sub-clause (1) above, the
entire deposits till the date of cancellation shall be forfeited and possession
of the plot will be resumed by the Authority / lessor with structure thereon, if
any, and the ahlottee / lessee will have no right to claim compensation thereof
In the event of cancellation, under sub-clause (2)&(3) above,
20% of the total premium or the amount deposited upto the date of cancellation,
whichever is the least, shall be forfeited and balance, if any, shall be
refunded without any interest.
T) OTHER CLAUSES
T-1 The lessor reserves the right to make such
decision/alterations/modification in the terms and conditions of registration /
allotment / lease from time to time, as lessor may consider just or expedient.
T-2 In case of any clarification or interpretation regarding
these terms and conditions the decision of the lessor shall be final and binding
on the applicant allottee/lessee.
T-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 allotted plot, entire registration money or the deposits,
depending on stage of allotment will be refunded without interest.
T-4 The registration/allotment/lease will be governed by the
provision of the U.P. Industrial Area Development Act 1976 (U.P. Act no. 6 of
1976) and rules and/or regulations made or directions issued, under this act.
T-5 The authority will monitor the implementation of the
project. Those applicants who do not have a firm commitment to implement the
project within the time limits prescribed are advised not to avail the
allotment.
T-6 All arrears due to the lessor are recoverable as arrears
of land revenue.
T-7 Any dispute between the lessor and lessee/sub-leasee
shall be subject to the territorial jurisdiction of the Civil Courts of Gautam
Budh Nagar or the courts designated by the High Court.
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