![]() |
Frequently Asked Questions on Industrial Infrastructure Development PolicyQ.1 What is the Industrial Infrastructure Development Policy? Q.2 What is the Rationale for setting up of Industrial Estates in Haryana ? Q.3 What are the main objectives of developing Industrial Estates? Q.4 What are the guidelines for promotion of Industrial Estates? Q.5. Do you want to know about the location of Industrial Estates in Haryana? Q.6 What areas constitute the category 'A', 'B' & 'C'? Q.7 What is Invesment Promotion Centre of HSIIDC? Q.8 Do you want to know the mode of allotment of industrial plots/sheds in the Industrial Estates? Q.9 In what cases the application for allotments will not be invited through press advertisement? Q.10 What document should accompany application form for the allotment of plot? Q.12 Who will make the allotment in respect of reserved categories? Q.13 Are there any preferential categories in respect of these plots/sheds? Q.14 What would be the term of payment ? Q.15 What is the rate of interest on balance amount in case of delay in payment? Q.16 When will the Regular Letter of Allotment be issued? Q.17 What will follow in case the allottee fails to adhere to the schedule/progress? Q.18 What is the time required for going into production? Q.19 Is the transfer of plots/sheds possible? Q.20 Do you want to know about the transfer fee in respect of transfer of plot/sheds? Q.21 What documents should accompany the application for transfer of plot/shed? Q.22 Is the change in constitution permissible? Q.23 Is the change of project permissible? Q.24 What is the policy regarding leasing/renting of industrial plots? Q.25 In what circumstances can the plot be resumed? Q.26 Upon resumption of plot what amount will be refunded to the allottee? Q.27 What is the policy regarding restoration of resumed plots? Q.28 Do you want to know about bifurcation/fragmentation of plots? Q.29 Can the rates of plots change in future? Q.30 What is special package of incentive for
projects more than 30 crores?
Q.1 What is the Industrial Infrastructure Development Policy? Haryana, since its inception in November 1966, has taken a big leap in social and economic advancement. The State stands out for its progressive policies which have led to improvement in the quality of life for its residents through focussed development of agriculture, industries, commerce & trade, and creation of excellent social infrastructure. It is recognised as a State trying to orchestrate improvement in every parameter involved in guiding investment decisions. The Govt. of Haryana recognises the need for rapid industrial growth on a sustainable basis to achieve the twin objectives of economic development and generation of adequate employment. The Govt. of India is actively promoting economic liberalisation and reforms to make the country's industry internationally competitive and to encourage foreign investment and technology for modernisation of the Indian economy. The Govt. of Haryana is committed to supplement the national effort through its own policies which facilitate the process of industrial growth. Haryana's two strongest points --- physical infrastructure and govt. support - are the top determinants of investment decision. Further strengthening the infrastructure in order to support the growth process has been accepted by the State as the mainstay of its policy initiatives. A number of projects for development of industrial infrastructure are being implemented. The growth centres at Bawal (phase II) and Saha are under implementation. An Industrial Model Township at Manesar in Gurgaon and growth centre at Bawal (Ph.1) has been developed. Several other innovative projects such as an Indo-German Industrial Park at Faridabad, Software Technology Park at Gurgaon, and an Export Promotion Industrial Park at Kundli have also been formulated in the State. The new Estate Management Procedure (EMP) is specifically oriented to develop and upgrade the basic industrial infrastructure with focused effort to provide State's support in helping the domestic industry compete internationally. The policy aims at balanced regional development compatible with environmental concerns of the society recognising at the same time pivotal role of the process of competitive industrial growth in economic development of the State. Q.2 What is the Rationale for setting up of Industrial Estates in Haryana? Industrial Estates are an important tool for expanding, strengthening and locating industries as a part of broad programme of industrialisation. Q.3 What are the main objectives of developing Industrial Estates? The main objectives of developing industrial estates are:
Promotion of industrial estates occupies high priority with the State Government and it has been decided to give stimulus to this activity for rapid industrialisation in the State. Guidelines for Promotion & Development of Industrial Estates Q.5. Do you want to know about the location of Industrial Estates in Haryana? Q.6 What areas constitute the category `A', `B' & `C'. The State can be divided into (i) Category `A', (ii) Category `B', (iii) Category `C' taking into account the growth pattern. For balanced development of industries throughout the State, industrial estates will be developed in the high potential zone, medium potential as well as low potential zones. The Category `A' has been identified comprising of Industrial estates of Gurgaon, Manesar and Faridabad Industrial estate, EPIP Kundli, Rai and Panchkula Technology Park, where Industrial Estates of Bahadurgarh, Bawal and Panchkula would constitute the Category `B', the rest of the state shall constitute Category `C'. Q. 7 What is Investment Promotion Centre ? Investment Promotion Centre act as a Single Point Contact Agency to provide information, guidence and hand holding services for venture location by prospective entrepreneures particularly with regard to various sanctions/ approvals needed for implementation of the projects, availability of land and present level of infrastructure in the State and to assist entrepreneurs in submission of applications for approvals/registration to different organisations. Q.8 Do you want to know the mode of allotment of industrial plots/sheds in the Industrial Estates? The allotment of plots/sheds will be on an ongoing basis in the following cases as provided in the Industrial Policy 2005: - The applications in respect of all these shell be made to and processed by HSIIDC. Besides the above, the allotment of plots/sheds in Industrial Estates falling in category C, will also be on on-going basis. For other categories, allotments will be made after inviting applications through advertisements in leading newspapers. Allotment of plots to projects having investment of Rs.30 crore and above will be made by the following committee:-
For other projects including those under FDI, NRI, PIOs categories, IT industry (manufacturing & software development) and general category, allotments will be made by the following committee:-
Senior-most member will act as Chairman of the Committee. The applicant shall be required to deposit processing fee (non-refundable) alongwith application form as hereunder
The fee levied by the Corporation will be inclusive of service tax, if applicable. Q.9 In what cases the application for allotments will not be invited through press advertisement? The allotment of plots in category C will be ongoing basis and for other categories A & B allotment will be made after inviting applications through advertisement in leading papers.
Q.10 What document should accompany application form for the allotment of plot? The application form duly filled-in will be received by HSIIDC alongwith the following documents: Q.11 Do you want to know about the reservation policy in respect of plots/sheds in the Industrial Estates? There will be 10% reservation of plots/sheds in each each Estate for allotment of NRIs/PIOs and for units with 33% or more FDI in total investment. There will be upto 2% reservation of plots/sheds in each estate for allotment to persons with disabilities as defined in the persons with disabilities (Equal opportunities, Protection of Right and Full Participation) Act, 1995.
Q.12 Who will make the allotment in respect of reserved categories? Allotment in respect of all the categories including reserved categories, shell be made by HSIIDC.
Q.13 Are there any preferential categories in respect of these plots/sheds? In the general allotment, other things being equal, preference will be given to the following categories: Oustees on account of acquisition of land for that particular Estate within the terms and conditions of EMP
Q.14 What would be the term of payment? Note: In case of NRIs/PIOs, the funds towards the price of the plot should come from his / her NRI account. Q.15 What is the rate of interest on balance amount in case of delay payment? The allottee is
required to pay penal interest @ 3% per annum over & above 11% p.a. for delay in
payment on defaulted amount towards instalments. Q.16 When will the Regular Letter of Allotment be issued? The applicants recommended by the Allotment Committee will be issued a regular letter of allotment (RLA). The applicants will be required to deposit 15% price of plot within 30 days from the date of issue of RLA. In the RLA, plot number, the size, dimensions, zoning and the rate will be indicated. Q.17 What will follow in case the allottee fails to adhere to the schedule/ progress? Where the allottee(s) fails to adhere to the above schedule/ progress, a show cause notice for resumption of the plot will be given by the concerned agency. In case of non-compliance of the above conditions and unsatisfactory reply to the show cause notice, orders for cancellation of allotment and resumption of the plot will be issued by the concerned agency. Refund will be given of the amount deposited without any interest after deducting 10% of the price of the plot. In case of surrender, refund will be made after deducting 10% price of the plot.
Q.18 What is the time required for going into production? The allottee shall be required to implement the project on the industrial plot within a period of 3 years from the date of offer of possession. Implementation of the project would mean commencement of commercial production. However, the allottee should, as far as possible, take following steps within a period of two years:- The period for implementation of the project can be extended by HSIIDC for a period of one year subject to the allottee having completed construction equivalent to 20% of Permissible Covered Area (PCA) in case of plot size is upto one acre and 10% of PCA in case plot size is more than one acre. Further, the allottee will satisfy the Corporation that he could not go into production within three years from the date of offer of possession for reasons beyond his control and he took effective steps for implementation of the project. Second extension of one year for completion of project i.e. after four years from the offer of possession will be granted only in exceptional circumstances with the approval of Board of Directors of HSIIDC. In case of sheds, the allottee shall be required to implement the project within two years from the date of offer of possession. The period for starting production shall be extended by one year in those cases where the allottee has installed / placed orders for substantial part of plant and machinery and depending on merit of each case. The allottee shall be required to pay extension fee prescribed for that area and the payment shall be made w.e.f. the date the extension is applicable and for any delayed payment interest @ 11% shall be charged. Extension fee at following rates shall be charged:-
The procedure to grant extension in implementation of projects for industrial plots allotted under the previous policies shall be governed as per their respective agreements / RLAs subject to payment of extension fee as mentioned above in case there is no deviation. No extension fee shall be charged upto three years from the date of offer of possession. In case of any deviations from the laid down guidelines / norms with respect to delay in start of construction / implementation of the project / start of production upto six months, level of construction, quantum of plant & machinery ordered, the Managing Director shall be competent to take a decision in such cases on merits by charging appropriate fee on case to case basis. Such allottee shall be governed by EMP 2005 for any further extension in future and he shall give an undertaking to this effect. Q.19 Is the transfer of plots/sheds possible? Transfer of plots/sheds shall be allowed only if the project has been completed and construction of building is as per the laid down norms and after expiry of one year from the date of commencement of commercial production. The transferee shall not be allowed to further transfer the plot for at least one year from the date of transfer of the plot in his name. However, the transfer of plot/shed will be allowed without the above conditions in case of inheritance, succession due to the death of the owner/majority shareholders or take over by public financial institutions. The change of management by transfer of majority shareholding shall also be treated as transfer under the policy. All transfers covered under the above provision shall entail payment of transfer fee prescribed as under:
No transfer fee will be levied in cases of industrial units, which have been in commercial production for more than five years. Similarly, no transfer fee will be leviable in cases of transfers necessitated on account of inheritance, family transfer or take over by a financial institution. Only a processing fee of Rs. 5000/- will be charged in all such cases. However, prior permission is mandatory. For transfer of plots/sheds, the transferor will apply to HSIIDC concerned with the following documents: The allottee is required to submit his request for transfer within a period of 30 days from the date of agreement to sell, failing which penalty equivalent to the transfer fee will be imposed by the Corporation. HSIIDC will also not insist on submission of occupation certificate in cases of transfer and submission of a certificate for non-violation by the allottee shall suffice in terms of the provisions in the Industrial Policy-2005 announced by the State Government recently. In case violations are noticed later on, the transferee shall be responsible for rectifications. In the event of non-implementation of project, on plot / shed on account of force majeure/exceptional circumstances, the request for transfer of plot / shed not falling under the provisions of the EMP shall be placed before the BoD for a decision. All transfer requests received by the Corporation after coming into force EMP-2005, shall be considered under the new guidelines. However, the requests for transfer of plots/ sheds received before implementation of EMP-2005 shall be dealt with in the following manner:- In cases, where the Corporation has already allowed leasing permission to the allottee even without implementation of the project under the provisions of the policy in force from time to time and the lessee having already implemented the project on the premises and the allottee is not in a position to implement its own project, transfer of the industrial plots/sheds will be permissible by charging applicable transfer fee as per EMP-2005 subject to the condition that the allottee has achieved building construction coverage norms as per EMP-2005 and there are no zoning violations. However in such cases, the transferee will be required to implement its own project before further transfer of the industrial plots/sheds is effected in favour of another person by him. The allottee shall have to complete the project within the period prescribed under EMP-2005. In case after implementation of project, the allottee is not able to continue to run the project for any reason whatsoever, he will be eligible to transfer the plot in favour of 3rd party with prior written permission of the Corporation. The following fee structure shall be applicable: Q.20 Do you want to know about the transfer fee in respect of transfer of plot/sheds? All transfers covered under the above provision shall entail payment of transfer fee prescribed as under:
No transfer fee will be levied in cases of industrial units, which have been in commercial production for more than five years. Similarly, no transfer fee will be leviable in cases of transfers necessitated on account of inheritance, family transfer or take over by a financial institution. Only a processing fee of Rs. 5000/- will be charged in all such cases. However, prior permission is mandatory.
Q.21 What documents should accompany the application for transfer of plot/shed? For transfer of plots, the transferor will apply to HSIIDC with the following documents:-
Q.22 Is the Change in Constitution Permissible? Change in share holding will be allowed only if the original allottee or his family members (spouse, son, daughter, wife, parents, brothers, sisters) retain a minimum of 51% share in the project/company/firm. In case the original allottee and his family fail to retain the prescribed share holding of 51%, it would amount to transfer and dealt with under the relevant provisions. In case where a private limited company becomes a public limited company listed with recognized stock exchange, the change in constitution may be allowed subject to the condition that the allottee or his associates (family members), retain the largest share holding and having management control, otherwise it will be treated as a case of transfer. Processing fee of Rs.5000/- shall be charged in all such cases.
Q. 23 Is the change of project permissible? The allottee may be allowed change of project, other things being equal, by HSIIDC without prejudice to the size of the plot and the prescribed schedule of implementation of the project. However, while permitting change of project factors such as pollution, high water consumption/effluent shall be considered. Processing fee of Rs.5000/- shall be charged.
Q.24 What is the policy regarding leasing/renting of industrial plots? In order to ensure optimum utilisation of the industrial areas/industrial estates, leasing/renting of the premises of the building will be allowed if the allottee has made construction as per the standard norms and subject to compliance of the following norms : In case, the allottee retains 25% of the permises for his own manufacturing activities, leasing/renting of the balance 75% of the permises of the building will be allowed on payment of processing fee as prescribed hereunder :
In case the allottee, plans to lease out the entire plot / constructed area, the same shall be permitted, subject to payment of the processing fee as prescribed hereunder:
The fee shall be calculated on the basis of the built up area / plot area, whichever is higher and shall be payable from the date of lease @ prescribed at that time with interest, if applicable. The allottee is required to obtain prior approval of the corporation. In case of unauthorized leasing a penalty equal to the prescribed leasing fee shall be imposed. Multiple leasing shall be permitted as under: -
The permission for leasing once granted shall be valid for the period specified in the permission letter. The allottee shall be at liberty to change in tenants within the period specified in the permission letter subject to the allottee keeping HSIIDC informed about any change made in the tenants and getting the project of the lessee / tenant approved. In case of change of lease within the prescribed period, processing fee of Rs. 5000/- will be charged. Interest on the amount of leasing fee shall be charged from the date of lease and on the penalty amount, it shall be payable after expiry of 30 days from the date of demand by the Corporation. In case the premises is leased out to a concern/firm (owned by the original allottee/his family members with minimum 51% shares), subsidiary company or holding company of the allottee company/firm owned by original promoters of the allottee company and no lease rental is being charged by the allottee, in that case, Managing Director is authorized to waive of the leasing fee considering merits of each case." All requests received by the corporation after coming into force of EMP-2005, shall be considered under the new guidelines.
Q.25. In what circumstances can the plot be resumed? The developing agencies will be competent to resume plots in their respective Industrial Estates in case an allottee defaults in complying with the terms & conditions of allotment/ transfer/ leasing etc. The resumption of plot would be approved by competent authority of the allotting agency after giving proper show cause notice.
Q.26 Upon resumption of plot what amount will be refunded to the allottee? Upon resumption/surrender, the amount deposited by the allottee will be refunded after deducting 10% of the price of plot without any interest. The interest paid by the allottee shall also be forfeited. The allottee will be free to remove the structure/debris, if any, within a period of two months of resumption order at his own cost, failing which it shall be removed at the allottees cost. It may be clarified that the allottee shall not be entitled to any payment/compensation for building constructed by him on the resumed plot.
Q.27 What is the policy regarding restoration of resumed plots? No restoration of resumed plots shall be allowed, however, appeal shall lie to a committee of Directors of HSIIDC headed by Principal Secretary Industries, MD/HFC and Director of Industries, Haryana as the other members against the order of competent authority ordering resumption. Q.28 Do you want to know about bifurcation/fragmentation of plots? Bifurcation of industrial plots of only five acres size and above will be permitted. Such plots can be bifurcated in not more than two plots subject to the condition that the sub-divided plots shall not be less than one acre, keeping in view the zoning regulations & fire safety. The bifurcation will be permitted only for industrial purpose and there will not be more than two tenants on the original plot, meaning thereby that only one tenancy each will be permissible on the sub divided plots. The said bifurcation will be subject to payment of bifurcation fee equivalent to transfer fee applicable in the concerned area, and the same will be chargeable on the bifurcated portion of the plot. Further, in case the allottee transfers the bifurcated plot to some other person, then separate transfer fee will also be leviable on the same.
Q.29 Can the rates of plots change in future? The rates of plots and revision thereof will be finalized by a committee headed by Principal Secretary Industries and consisting of Director Industry, MD/HSIIDC and MD/HFC and approved by the State Government. The rates of the plots will be revised w.e.f. 1st April of the year and shall be valid for one year. Q.30 What are special package of incentive for projects more than 30 crores? Special package of incentive like stamp duty concession, electricity duty exemption etc. are considered by the high powered committee for setting up the projects in Haryana with investment of more than 30 crores.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Haryana State Industrial & Infrastructure Development Corporation
Limited,
Plot No:C-13-14, Sector 6,
Panchkula-134109 , Haryana, INDIA
Enquiries: (091) 172-2590481, 2590482, 2590483
Fax: (091) 172-2590474