STANDARD OPERATING PROCEDURE FOR ALLOTMENT OF LAND/SHED
The details of land parcels / plots / sheds / space within construction buildings – available for allotment – would belisted, tabulated and geo-tagged. This database shall bemade available on Ease of Doing Business(EoDB)portaland websites of various agencies [i.e. IndustrialDevelopment Corporations(IDCs) and the Commissionerate of Industries & Commerce (C–I&C)].The databases hosted by EoDB portal and the websites concerned would be hyperlinked to one another, and synced on a regular basis.These databases would thus be integrated and together form a comprehensive mega-database –representing the Industrial Land Bank and accessible from all the websites.
The Agencies would update their respective databases, and sync them with the EoDB Website, on a monthly basis [andeventually –on a real-time basis automatically].
Any entrepreneur requiring –(i) land within the Industrial Estates, Integrated Industrial Development Centres, Industrial Growth Centres orIndustrial Areas; or (ii) constructed sheds or space within constructed buildingstherein –in the State of Assam forthesetting up of an Industry would:
N.B.: EoDB website can be approached from hyperlinks placed in the Industries Department, IDCs, and Investment Cell Websites
- 1. Accessthe EoDBWebsite,
- 2. Select the Agency concerned,
- 3. Select the parcels of land/ shed/ space within industrial building –giving preference, and
- 4. Proceed to the link for applying online in the EoDB website.
The application form can be submitted online through EoDB portal (https://easeofdoingbusinessinassam.in/ )
Informationto be enteredinthe online applicationform:
- Company Profile and Details of the Promoters
- Entrepreneur Memorandum(EM-1/EM-II/IEM)–as applicable
- Photo ID and Address Proof of the Applicant
- PAN Card and ADHAR Card Details of the Applicant
- Whether Mortgage of Lease-Hold Rights is sought for raising Capital from Bank/ Financial Institution.
Documents to be uploadedalong with the application:
- Techno-Economic Feasibility Report/ Project Profile
- Appraisal by Bank/ Financial Institution for availing financial assistance.
- Plant Layout –indicating the area for installation of machinery, space for raw material/finished products, generator set, utility services, etc.
- Last 3 (Three) Years Balance Sheets of the Enterprise(in case of existing unit)
- Solvency Certificate from Bank/ Financial Institution (in case of a new unit).
Requisite Fees neededto be paidonline:
- Processing Feeof 1% of the Total Value of the Land;
- Security Depositof5.00 per Sq. Metreto be adjusted with the rent or development charges.
- 10%of total Development Charges to be paid with application as advance.
- Processing Fee is not refundable.
- Security Deposit paid on Renting/ Leasing of land isnot interest bearing andadjustable or refundable only if it fulfils criteria after allotment of land.
- Start-Ups,asdefined in the Assam Start-Up Policy 2017, registered on MASI shall be exempted from paying any Processing Fee or Advance of Development Charges.
- The advance on DevelopmentCharge is not interest bearing & refundable if not allotted land.
On receipt of application forms, an Auto-generated Receipt/ Acknowledgement Letter would be given online to the Applicant.
Placement before Land Allotment Committee
- Proposal will be placed in State Level Committee for Land Allotment of the Corporation/ PSUwhich is headed by Chief Executive of concerned Corporation/ PSUif the area of the land required for allotment is 5 acres or less
- For allotment of land above5acres, the application will be placed in the State-Level Land Allotment Committee, which is headed by the senior-mostSecretaryof theDepartment ofIndustries and Commerce.
Based on the Land Allotment Guidelines, the Land AllotmentCommitteeswould approveor reject the application for land allotment.
If there are multiple claimants of one particular plot, the land Allotment Committeesmay select any one on the basis of most suitability.
Some land parcels/ industrial infrastructure maybe identified beforehand by the Corporation/ PSU/ Agencyconcerned –where the land/ shed/ space allotment shall be made by auction. When these plots/ sheds/ spaces are put up for auction, the minimum threshold value for the auction shall also be decided upon by the Corporation/ PSU/ Agency concerned. Only the eligible applicants would be allowed to participate in the auction, the eligibility criteria will be notifiedby the Corporation/ PSU/ Agency concerned. The Bid Process would be opened for a limited period. Wide publicity would be given to ensure maximum participation, and thereby highest possible bid value.
Once the approval is accorded by State Level or Corporation/ PSU/ Agency Level Land Allotment Committee, the respective Corporation/ PSU/ agencywouldissue the Letter of Intimation along with Notices for Payment and Checking of Original Documents.
In case of rejection or non-selection at any level, therespective corporation/ PSU/ agencywouldissue a Letter of Intimation accordingly.
The letters and notices shall be sent online to the email id entered by the applicant;while an sms message shall be sent immediately –intimating about the same –to the mobile number entered by the applicant through an sms gateway provider.
The Letter of Allotment/ Intimation of Rejection would be given to the applicant within two weeksfrom the date of application marked by auto-generation of receipt.
After satisfactory checking of original documents, andpayment of remaining development fees,the leaseagreement deed would beexecuted between AIDC[or any other IDC (i.e. AIIDC/ ASIDC), PSU or Commissionerate of Industries & Commerce]& the applicant within 1 (one) weekfrom date of issuance of the Allotment Letter.
After execution of other necessary formalities, the applicant is given possession of the Landwithin 1 (one) week.
MD of the concerned agency may also consider to allot the land on receipt of the value of the land in advance, and being satisfied about the genuineness of the Promoter/ Company and viability of theProject in anticipation of the approval of the Land Allotment Committee. Such allotments shall be made in exceptional cases only, where there is no application ispending for that plot of landor the land is ideal for a long period. The quantum of land allotment will be based as per guidelinesof the land allotment as in normal cases.
Cancellation of Allotment –
The allotment of land/ shed/ space to any private investor may be cancelled in case of:
- Failure to pay the requisite recurring maintenance charges and other fees (if any) regularly;
- Failure to start industrial activity within the stipulated time as mandated by allotment order;
- Violation of any of the terms and conditions of allotment by the investor; and
- Discovery of false claims, false declaration or other wrong doing during the allotment process and/ or any Order to that effect from any competent Court.
The allottee may also relinquish the allotment, and hand over the land free from all encumbrances.
Refunds: In case of cancellation of lease deed, if the allottee makes a request for refund of fees paid; the same shall be considered by the allotting authority i.e. State Level Committee for land allotment [viz. Industrial Development Corporations (IDCs) and the Commissionerate of Industries & Commerce (C–I&C)] as follows –
- If any applicant makes a request for refund of advancepaid by him withdrawing hisapplication before Letterof Allotmentis issued, full advanceshall be refundedonly. TheProcessingFee isnon-refundable.
- If the application for allotment could not be considered for want of vacant plots/sheds, full advance, security moneyshall be refunded.
- If the Letter of Allotment for premises is issued but the allottee fails to comply with theterms andconditions of allotment and consequent to cancellation, the security moneywill be forfeited.
- In case, power supply is obtained by the allottee, before any refund is considered, a "No Dues Certificate" and "Dismantling Certificate" from APDCL or any other power distribution company in operationshall have to be submitted.
- In case, the allottee had mortgaged his lease-hold rights to any bank or financial institution for securing loans; then the allottee has to free that lease-hold rights by providing other collaterals before any refund can be considered.
Relinquishment: The Industrial house after getting allotment of land and created some infrastructure for the allotted purpose may also relinquish the allotted land to Corporation/ PSU agencies, ifthey are not interested to continue their business in the industrial area etc.In that case following steps will be taken to give a fair value of the immovable infrastructure created in the allotted premises.
The following steps will be taken by agencies while allotting the land to new entrepreneurs:
- Valuation of the immovable assets to get a fair value/ over and above the value expected by the industrialists.
- Valuatedvalue will bethebase price for immovable infrastructure, below which theassets will not be allotted to entrepreneurs.
- Agencies willdeterminetheadministrative costs, costs of valuation etc. during recovery process and the samewill be deducted from refundable amount to the industrialist who relinquishesthe landand assets.