Goa-IDC Transfer & Sub-Lease Regulations, 2014 - In exercise of the powers conferred by clause (d) of sub-section (1) of section 51 of the Goa Industrial Development Corporation Act, 1965, the Goa Industrial Development Corporation, with prior approval of the Government, hereby make the following regulations

Government of Goa Department of Industries Goa Industrial Development Corporation Notification In exercise of the powers conferred by clause (d) of sub-section (1) of section 51 of the Goa Industrial Development Corporation Act, 1965, the Goa Industrial Development Corporation, with prior approval of the Government, hereby make the following regulations, name1y:— 1. These regulations may be called as the Goa Industrial Development Corporation Transfer and Sub-Lease Regulations, 2014. 2. These regulations shall apply to the properties in all Industrial Estates/Areas owned and controlled by the Corporation for granting lease or sub-lease in the State of Goa and Union Territories of Daman and Diu, in the interest of its primary objectives envisaged under the Goa Industrial Development Act, 1965 and shall not apply to the properties commercially acquired by it. 3. Definitions.— In these regulations unless the context otherwise requires.— (a) The terms “Corporation”, “Industrial Estates/Areas”, “Managing Director”, “Allottee”, “Government”, “Industrial Undertaking”, “Institutions”, “Service Industry”, “Utilities”, “Commercial activity”, “Commercial Operations or Date of Commercial Operations”, “Relative” shall have the meaning as defined under the Goa Industrial Development Corporation Allotment Regulations as in force. (b) “Formal Transfer” shall mean and include all acts as specified under Schedule IA and Schedule II. (c) “Non Formal Transfer” shall mean and include an act whereby an allottee conveys the lease hold rights over the plot allotted to him by the Corporation to any third party. In this clause “third party” shall mean and include an Individual, a company, a partnership firm or a limited liability partnership, Hindu undivided family, a society, a trust or associations or body of individuals, whether incorporated or not, or any other bonafide entity other than the allottee. (d) “Sub-Lease” shall mean an act by which an allottee leases the built up area constructed over the plot allotted to him by the Corporation to any third party. (e) “Plot without building construction” shall mean a barren plot with or without a compound wall and/or a security cabin constructed thereon. (f) “Plot with Partial building Construction” shall mean a plot where the cost of the building constructed on it (other than the cost of a compound wall and/or a security cabin) as per the approved plans shall not be less than the threshold'[value of Rs. 1,000/- per sq. mts.] of the gross plot area duly certified by a Certified Valuer. However the Board may increase the above threshold value once a year, if it so desires with prior approval of the Government. (g) “Plot with Substantial Building Construction” shall mean a plot where building construction has been completed as per the approved plans 2[to the extent of at least 30% of the land/plot area allotted and the Occupancy Certificate is obtained for the same.]. (h) “Holding Company” shall mean a holding company as defined under the Companies Act in force. (i) “Subsidiary Company” means a subsidiary company as defined under the Companies Act in force. (j) “Associate/Sister Companies” for the purpose of these Regulations are companies which are owned by the same parent company or where the same Group of Shareholders or their relatives controls a minimum of 26% stake. Such shareholding could be direct holding or indirect holding through a holding company. (k) “Associate/Sister firms” for the purpose of these Regulations are such proprietorship firms which are owned by the same proprietor or such partnership firms (including limited liability partnerships firm) in which the same group of partners or their relatives control a minimum of 26% stake. (l) “Plot Rate” shall mean and include the prevailing premium rate per sq.mt. as on the date of receipt of the application by the Corporation. 4. Transfer of plots.— (i) The allottee shall have no right to transfer or assign its rights in the allotted Land/P1ot/Shed/Kiosk/Gala/Office premises, Godown etc. or sublet his built up premises or any part thereof, without obtaining prior permission from the Corporation. (ii) Land/Plot allotted to the allottee for a Kiosk under any schemes of the Government shall not be permitted to be transferred except to those legal representatives listed under Schedule I-A. (iii) In an event a transfer or sub-lease is at all created by an allottee without having obtained the prior permission of the Corporation, then such a transfer or sub-lease shall not be recognized by the Corporation for any purpose and/or such transfer or sub-lease shall not confer any rights of whatsoever nature on the transferee or the sub-lessee. CHAPTER-I Transfer 5. Procedure for Transfer.— (i) Upon receipt of an application in the prescribed form alongwith all the mandatory documents as specified under Schedule IV, the Corporation shall communicate the deficiency if any within a period of 21 working days or if the application is complete in all respects take a decision in respect of the permission referred to under clause 4 above and communicate by certificate of posting or registered A/D within a period of 45 working days failing which the permission shall be deemed to be granted. However, party shall be bound to pay all necessary fees and charges to the Corporation as per the prevailing rates and these regulations. The date of the dispatch of the letter shall be the date of the communication. The application would be treated as complete in all respects only after all the documents listed under Schedule IV are submitted by the applicant. The deeming provision shall not apply to the transfers prohibited under clause 6 (i). (ii) All the applications received shall be verified by a Scrutiny Committee constituted for that purpose by the Managing Director to ensure that the applications are complete in all respect and each application shall be processed and placed before the Screening Committee alongwith a duly filled up check list. The following Screening Committee shall be constituted for screening the applications and the quorum shall be of four members present with atleast one of the members present being among the two specified under (e) and (f):— (a) Any one Director nominated by the Board. (b) Chief General Manager of the Corporation. (c) Chief Accounts Officer of the Corporation. (d) General Manager (Engineering) of the Corporation. (e) Nominee of Goa State Industries Association. (f) Nominee of Goa Chambers of Commerce and Industry. The meetings of the Screening Committee shall be chaired by the Director nominated by the Board and the Chief General Manager of the Corporation shall be the member convener. (iii) The Screening Committee shall scrutinize the applications and the project report furnished by the applicants on the basis of these regulations and submit its recommendations to the Managing Director of the Corporation who shall decide upon the said applications. 6. Prohibited transfers and exception therein.— (i) Transfer is prohibited in following cases:— (a) Plot without building construction; (c) For the purpose of starting a new liquor or tobacco industry; (d) Transfer with change in use in the descending order, amongst the categories (1), (2), (3), (4) and (5) listed below:— (1) Industrial Undertaking; (2) Institutions; (3) Service Industry; (4) Utilities; (ii) Exceptions to prohibited transfers under clauses 6 (i) above:— (1) Formal transfers specified under Schedule-IA; (2) Formal transfers specified under Schedule II; and (3) Transfers under sub-clause 5, 6 & 7 of Schedule III. (4) Transfer involving existing liquor or tobacco manufacturing units strictly subject to the decision and direction of the Government. (iii) Action in the event the possession is handed over in categories covered under prohibited transfers.— In an event the allottee hands over the possession of the plot to a third party under the category of prohibited transfers specified under clause 6 (i) above, the Corporation shall summarily re- enter upon and resume the possession of the plot. 7. Permissible transfers and transfer fees therein.— (i) Permissible transfer entailing Nil transfer fees:— (a) All transfers covered under Schedule IA and Schedule II; (b) All transfers wherein the original plot or land was allotted under the auction process of the Corporation. (ii) Permissible transfer entailing a non-refundable transfer fee.— (a) All cases listed under Schedule III. (b) All transfer within the same category and/or all transfers amongst the categories (1), (2), (3), (4) and (5) listed below in the ascending order:— (1) Industrial Undertaking; (2) Institutions; (3) Service Industry; (4) Utilities; (iii) Any case which does not fall under the category of prohibited or permissible transfers as per these regulations shall be placed before the Board for a decision and the decision of the Board with approval of the Government shall be final and binding. (iv) Processing fees prescribed under clause 21 would be applicable in the cases covered under clause 7 (i), (ii) & (iii) above. 8. Penalty in the event of unauthorized handing over of possession in categories covered under permissible transfers.— (i) In the event an allottee hands over the physical possession of the land/plot to a third party, it will be deemed to be an unauthorized transfer which shall not be recognized for any purpose, and the Corporation shall levy a 4[penalty equal to 109a of the transfer fee per year or part thereof] from the date of such unauthorized transfer, for having violated these regulations in addition to the applicable transfer fees. Should the allottee fail to regularize the unauthorized transfer by payment of fees and penalty within a notice period of 30 days the Corporation shall re-enter upon and resume the possession of the plot. (ii) All cases wherein the allottees have entered into agreements/Memorandum of understanding to transfer their lease hold rights over the allotted plot prior to the notification of these regulations shall be also processed in accordance with these regulations;— Provided that such allottees approach the Corporation with necessary documentation for processing their cases within a period of one year from the date of these regulations coming into force. After expiry of the specified one year period, all such cases shall be deemed to be unauthorized transfers which will attract penalty as prescribed under sub-clause (i). (iii) Penalty to be charged under clause 8 (i) & (ii) shall not exceed an amount equal to 100% of the prevailing rate per sq. mts. 9. Any transfer on account of auction by the financial institutions pursuant to the issue of letter under clause 20 (b), shall be only for use under a category permitted by the Corporation and the fees prescribed under sub-clause 6 of Schedule III would be applicable. CHAPTER-II 10. Procedure for Sub-lease.— (i) Upon receipt of an application in the prescribed form along with all the mandatory documents as specified under Schedule IV, the Corporation shall communicate the deficiency if any within a period of 21 working days or if the application is complete in all respects take a decision in respect of the permission referred to under clause 4 above and communicate by certificate of posting or registered A/D within a period of 45 working days failing which it shall be deemed to be granted. However, party shall be bound to pay all necessary fees and charges to the Corporation as per the prevailing rates and these regulations. The date of the dispatch of the letter shall be the date of the communication. The application would be treated as complete in all respects only after all the documents listed under Schedule IV are submitted by the applicant. The deeming provision shall not apply to the sub-leases prohibited under clause 11 (i). (ii) All the applications received shall be verified by a Scrutiny Committee constituted for that purpose by the Managing Director to ensure that the applications are complete in all respect and each application shall be processed and placed before the Screening Committee along with a duly filled up check list. (iii) The following Screening Committee shall be constituted for screening the applications and the quorum shall be of four members present with atleast one of the members present being among the two specified under (e) and (f):— (a) Any one Director nominated by the Board. (b) Chief General Manager of the Corporation. (c) Chief Accounts Officer of the Corporation. (d) General Manager (Engineering) of the Corporation. (e) Nominee of Goa State Industries Association. (f) Nominee of Goa Chambers of Commerce and Industry. The meetings of the Screening Committee shall be chaired by the Director nominated by the Board and the Chief General Manager of the Corporation shall be the member convener. (iv) The Screening Committee shall scrutinize the applications and the project report furnished by the applicants on the basis of these regulations and submit its recommendations to the Managing Director of the Corporation who shall decide upon the said applications. 11. Prohibited sub-leases and exceptions therein.— (i) Prohibited sub-leases.— (a) Sub-lease of plot/land. (b) Sub-leases which result in change in use of the plot in the descending order of the categories listed under (1), (2), (3), (4) and (5) be1ow:— (1) Industrial Undertaking; (2) Institutions; (3) Service Industry; (4) Utilities; (c) Sub-lease of building without occupancy certificate issued by the Corporation. (d) Sub-lease from any of the categories (1), (2), (3), (4), (5) listed above to a new liquor or tobacco manufacturing products. (ii) Exceptions to the prohibited leases: (a) Sub-leases for categories listed under Schedule—IB. (b) Sub-lease of an existing liquor industry or tobacco industry to another liquor industry or tobacco industry. (iii) Action in the event the possession is handed over in categories covered under prohibited sub- leases.— In an event the allottee hands over the possession of the plot to a third party under the category of prohibited sub-leases specified under clause 11 (i) above, the Corporation shall summarily re-enter upon and resume the possession of the plot. 12. Permissible sub-lease and fees therein.— (i) Permissible sub-leases with Nil sub-lease fees:— (a) All sub-leases listed under Schedule I-B. (b) All sub-leases wherein the original plot was allotted under an auction process of the Corporation. (c) All sub-leases to and amongst the institutions and entities owned and/or controlled by Government of India/Government of Goa. (ii) Non-refundable one time processing fee of Rs. 5/- per sq. mts. of the plot area shall be payable by the allottee in respect of the permissible sub-leases under clause 12 (i) above. This fee shall apply at each instance of a new sub-lease being sought to be created by the allottee. (iii) Permissible sub-leases entailing sub-lease fees: All sub-leases within the same category and/or all sub-leases involving change in use amongst the categories (1), (2), (3), (4) and (5) listed below in the ascending order:— (1) Industrial Undertaking; (2) Institutions; (3) Service Industry; (4) Utilities; (iv) Any case which does not fall under the category of prohibited or permissible sub- - leases as per these regulations shall be referred to the Board for a decision and the decision of the Board shall be final and binding. (v) Processing fees prescribed under clause 21 would be applicable in the cases covered under clause 12(iii) above. 5[13. Sub-leasing fee.— (1) Sub-lease permitted under these regulations and approved by the Corporation shall entail the following fees:— (i) For all sub-leases given after starting of commercial operations by the allottee— 89r of the prevailing premium rate per square meter per year, calculated on the total sub-leased area allotted upto a sub-leasing period of 10 years. (ii) For all sub-leases given prior to starting of commercial operations by the allottee— 10% of the prevailing premium rate per square meter per year, calculated on the total sub- leased area allotted upto a sub-leasing period of 10 years. (iii) For any sub-leases beyond the period of 10 years:— 2% above the rates mentioned under regulation (i) and (ii) above: Provided, however, that any extension of sub-lease beyond the period of 10 years shall be permitted only with the prior approval of the Chairman of the Goa Industrial Development Corporation. (2) The sub-lease fees shall be paid in yearly instalments calculated on the premium rate per square meter prevailing on the due date of the payment. However, if the applicant pays the sub-lease fees in lump sum for a period of five years and above, a rebate of 109a of the fees shall be allowed. (3) In case of delay in payment of yearly instalment of sub-lease fees, a penalty of 1% per month shall be charged for delay in payment beyond 15 days of the due date. (4) Failure to pay the yearly instalment beyond a period of 12 months, the sub- lease shall be deemed as unauthorized sub-lease.] 13. Penalties for unauthorized handing over of the possessions.— (i) In the event allottee sub- leases or hands over the physical possession of the land/plot to a third party, it will be deemed to be an unauthorized sub-lease which shall not be recognized for any purpose, and the Corporation shall levy a penalty equal to 6[30% ]per year or part thereof of the prevailing sub-lease fees, calculated from the date of such unauthorized sub-lease, for having violated these regulations in addition to the applicable sub- lease fees. Should the allottee fail to regularize the unauthorized sub-lease by payment of fees and penalty within a notice period of 30 days, the Corporation shall re-enter upon and resume the possession of the plot. (ii) Any cases of unauthorized sub-lease prior to the Notification of these regulations shall be placed before the Board of the Corporation for a decision and in case the Board decides to regularize or approve such sub-lease, the same shall be subject to the allottee paying a penalty fee amount equal to 20% per year or part thereof of the prevailing sub-lease fees, calculated from the date of such unauthorized sub-lease, for having violated the terms and condition of the lease in addition to the applicable sub-lease fees. The Board shall not be authorized to approve/regularize any cases which fall under the category of prohibited sub-leases specified under clause 11 (i). However based on the merits, the Board may decide to refer any such case to the Government for a decision: Provided that the total penalty to be charged under clause 14 (i) & (ii) above shall not exceed an amount equal to 3 times the prevailing sub-lease fees, calculated on the basis of annual sub-lease fees. CHAPTER-III Surrender of plots 14. Surrender of plots.— Following surrender charges shall be deducted by the Corporation in the event an allottee intend to surrender his 7[1and/plot/shed/shop/godown] allotted to him: (ii) 9[***] the amounts paid by the allottee towards the lease rent, interest on premium, penal interest, processing fees, service tax to the Corporation, shall stand forfeited. (iii) Any amount pending towards dues on account of lease rent, penal interest, interest on premium, processing fees, service tax or any other dues shall be recovered from the premium amount and any shortfall after adjusting the premium amount shall be recovered as land revenue arrears. CHAPTER-IV 15. Change in name or change in trade/use/addition of product to be manufactured.— (i) Any allottee which undergoes change in name of the allottee entity without changing the constitution or its shareholding structure of the allottee entity shall apply to the Corporation with a request to register the change in name in the records of the Corporation. The application should be accompanied with the following documents:— (a) Certificate issued by the Registrar of Companies in case of Limited liability Companies, or Certificate issued by the Registrar of Firms in case of Partnerships or an affidavit in case of a proprietor. (b) PAN Card of the allottee entity with the change in name. (c) EM Part I or EM Part II as applicable with the change in name. (d) Certificate issued by the Pollution Control Board. (e) NOC from the financial institution in case permission is granted by the Corporation to the allottee to mortgage the lease hold rights. (f) Copy of the latest partnership deed/shareholding structure certificate from a Company Secretary and the latest Memorandum and articles of association of the Company. (g) Any other documents as required by the Corporation. (ii) On scrutiny of the above documents and payment of the processing fees prescribed under clause 21, the Corporation will confirm in writing having changed the name of the allottee entity in its records. (iii) Any allottee intending to change the trade/use or add a product to be manufactured shall submit an application along with the project report, Certificate or EM Part FH with necessary amendments as issued by the Director of Industries, Trade and Commerce, to the Corporation. (iv) On scrutiny of the above documents and payment of the processing fees prescribed under clause 21, the Corporation may grant its permission to the allottee for change in use or trade or for the addition of product to be manufactured. Provided change in use/trade amongst the categories (1), (2), (3), (4) and (5) listed below would be permitted only in the ascending order:— (1) Industrial Undertaking; (2) Institutions; (3) Service Industry; (4) Utilities; CHAPTER -V 16. Change in Constitution/Shareholding Structure.— (i) Any allottee which undergoes in a change in constitution or change in shareholding structure within limits under sub-clauses (ii), (iii) and (iv) below, shall have to inform the Corporation within a year of effecting such change or along with certificate issued by the Company Secretary detailing the nature of such changes. The Corporation will make necessary changes in its record on payment of the processing fees specified under clause 21. However in the event any of such changes in the constitution or shareholding structure result in breaching the limits stipulated under (ii) and (iii), the lease hold rights over the plots will be deemed as transferred and the Corporation will process the case in accordance with these regulations. Existing allottees which have undergone change in constitution or change in shareholding structure within limits under sub-clauses (ii), (iii) & (iv) shall inform the Corporation within a year of notifying of these regulations. (ii) Change in constitution in case of a proprietary or a partnership firm (including limited liability partnership firm) which does not result in the original/existing proprietor or partner and their relatives diluting their share of ownership in such firm below 51%. (iii) Change in shareholding structure in case of a private limited company which does not result in the original/existing promoter shareholders diluting their share of ownership in such firm below 269a. (iv) Change in constitution or shareholding structure of a firm or a company only amongst the relatives, which does not result in transfer of ownership. Explanation:— Original shareholding of the Promoters for purposes of sub-clause (iii) above shall be the shareholding as on the date of starting the commercial operations. 17. Change in shareholding structure in case of Public Limited Company.— (i) Public Limited Companies which undergoes continues changes in shareholding structures will be exempted from informing the Corporation unless any such changes result in change in management control of such companies and in the event of such change in management control, the lease hold rights over the plot will be deemed as transferred and the Corporation will process the case in accordance with these regulations. 18. Permitting more than one industrial unit in a shed.— (i) Every request seeking permission to set up more than one industrial unit in a shed shall be considered on merits and placed before the ’0[Screening Committee constituted under regulation 5 (iii)] for consideration and decision. (ii) Processing fees prescribed under clause 21 would be applicable. CHAPTER - VI Mortgage 19. Grant of permission for mortgage of leased plots/premises.— (a) Upon receipt of an application the Board of the Corporation or any official authorized to that effect and extent, may decide in respect of permitting an allottee to mortgage the lease hold rights over the plot allotted, over the machinery installed/to be installed and the factory building constructed on the said plot, to any Financial Institution for raising funds for setting up the project. (b) Pursuant to the decision referred to under clause 20 (a) above a letter conveying no objection shall be issued to the Financial Institution for financing the allottee for setting up the project, to have the First, Second or part passu charge over the lease hold rights of the plot allotted, over the machinery installed/to be installed and the building constructed on the said plot provided the allottee regularly remits the annual lease rent fixed. (c) On behalf of the Corporation the letter to the financial institutions will be issued by the Managing Director or any other officer authorized by the Corporation within a period of 15 days from the receipt of the application and/or from the date of payment of any outstanding dues by the allottee whichever is later. (d) Processing fees prescribed under clause 21 would be applicable. (e) In case of any unforeseen circumstances if the movable or immovable assets of the allottee are attached by the Financial Institution for recovery of dues and the said assets are put to auction then the financial institution shall also recover the outstanding dues if any of the Corporation by the allottee and remit the same to the Corporation. (f) No transfer shall be eventuated unless and until the outstanding dues of the Corporation are deposited with the Corporation either by the financial institution or the bidder parties. It would be incumbent upon the bidder parties and/or financial institutions to check the outstanding dues of the Corporation if any, against the said assets before bidding so as to avoid further complication to get the plot transferred in their names. (g) Auction of the allottees assets attached by the Financial Institution shall be only for use under category permitted by the Corporation to be set up by the prospective bidders. 20. For processing the applications in all the above categories a processing fee of Rs. 5,000/- shall be charged. Processing fees shall also be applicable to the application of the allottees who have taken the plots/land etc. under auction. 21. The Corporation reserves its right to revise the Payment, Fees, Charges, Taxes, Deposits etc. as stipulated and the allottee shall be bound to pay the Payment, Fees, Charges, Taxes, Deposits etc. on demand by the Corporation. 22. Applications submitted and/or pending prior to the 18th day of June, 2012, shall be processed and dealt with under these regulations. However in such cases, the transfer fees charged by the Corporation as per the present regulations shall be in accordance with the premium plot rate prevailing as on the day of the application received by the Corporation. 23. Any transfer or sub-lease effected between 18th day of June, 2012 and the date of the notification of these regulations, shall be processed and dealt with under these regulations. However in such cases, the transfer fees charged by the Corporation as per the regulations shall be in accordance with the premium plot rate prevailing as on the date of notification of these regulations. 24. Grievance redressal.— Any applicant affected by the decision of the Corporation or its refusal, shall approach the Grievance Redressal Authority appointed by the Board of Directors of the Corporation. In an event the Grievance Redressal Authority is satisfied that the grievance is genuine, he may recommend a remedial measure to the Board of the Corporation for a final decision. The decision of the Board of the Corporation shall be final and binding. Pending such appointment the Managing Director of the Corporation shall be the Grievance Redressal Authority. 25. Repeal and savings.— (i) The Goa Industrial Development Corporation Transfer and Sub-Lease Regulations, 2013, is hereby repealed. (ii) The repeal of the Goa Industrial Development Corporation Transfer and Sub- -Lease Regulations, 2013, under sub-clause (i) shall not— (a) Revive anything not in force or existing at the time at which the repeal takes effect, or; (b) Affect the previous operation of the repealed regulations or anything duly done or suffered thereunder, or; (c) Affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed regulations, or; (d) Affect any fees, interest, penalty as are due or may become due or any forfeiture or violation committed under the provisions of the repealed regulations. (iii) Notwithstanding anything contained herein, these regulations shall not affect the mutually agreed terms and conditions of the lease deed or other documents executed in between the Corporation and the allottee, prior to these regulations coming into force and the same shall be effective and binding. 26. The transfers and sub-leases done by the Corporation shall be made in terms and in consonance with the General Policy of the Government including the Policy on Environmental issues and siting guidelines. 27. Notwithstanding anything contained herein, these regulations shall not affect and/or have bearing over any directions issued to the Corporation by the Government in terms of section 16 of the Goa Industrial Development Act, 1965. 28. The Board of the Corporation with prior approval of the State Government shall be entitled for taking appropriate measures for removal of difficulties if any that may arise at any stage in the performance of its lawful functions, so as to give full effect to the Regulations. Conveyance of the lease hold rights over the plot/land initiated due to,— (i) attaining the age of 60 years or above; (ii) death; or (iii) permanent disability or serious health condition, certified by the Goa Medical College; of the proprietor, partner, key person or promoter specified in the application for allotment of plot, shall be made to his/her/their legal representatives in the following order of preference, name1y:— (a) spouse and children; (b) father and mother; (c) brother and sister. ] SCHEDULE —IB Exceptions in case of prohibited Sub-Leases.— 12[***] (ii) Sub-leases from holding company to the subsidiary company and vice versa; 13[(iii) Sub-leases between Associate/Sister Companies and Associate/Sister firms] (iv) Sub-leases between Central, Union Territories or State Government owned companies, joint sector companies and associate companies promoted by the Central, Union Territories or State Government; (v) Sub-leasing arising out of attachment of property by Financial Institution. SCHEDULE II (i) Change in constitution or shareholding in case of a partnership firm (including limited liability partnership or a company) amongst the relatives. (ii) Conveyance of the lease hold rights over the plot/land due to amalgamation or mergers and demergers of companies taking place as per orders of the High Court under the Companies Act, as in force. Conveyance of the lease hold rights over the plot/land from a holding company to its subsidiary company and vice versa. Sl. No. Status of applicant and the plot sought to be transferred Transfer fees Processing Fees 1(a) Bonafide applicants where the construction on the plot has met the definition of partial construction but is not coming under the definition of substantial construction. 60% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5,000/- (b) Applicants of all plots other than manufacturing and permissible transfer of alcohol and tobacco products as per 6 (ii) (4). (c) All other cases of transfer permissible but not falling under items 1 to 8 of this schedule 2. Bonafide applicants where construction on the plot falls under the definition of Substantial Construction but the unit has not gone into commercial production. 40% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5,000/- 3 Bonafide applicants who have completed construction as per the plans approved by the Corporation and the occupancy certificate is obtained for full or part and the unit has gone into commercial operation but has operated for less than 5 years. 30% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5,000/- 4 Bonafide applicants who have completed construction as per the plans approved and the occupancy certificate is obtained for full or part and the unit has gone into commercial operation for more than 5 years but less than 10 years. 20% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5,000/- 5. Bonafide applicants who have initiated transfers due to death; or permanent disability or serious health condition certified by the Goa Medical College, of the proprietor, partner, key person or promoter listed in the application for allotment of plot, to his/her/their relatives, legal representatives, except those specified under Schedule I-A and conveyance of the lease hold rights over the plot/ /land due to amalgamation or merger and demergers of Companies taking place as per Orders of the High Court under the Companies Act as in force. 5% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5,000/- 6. Bonafide applicants where transfers are initiated due to auction by any Bank or by any financial institution. 15% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5,000/- 7. Application for transfer in between or to the Central, Union Territories or State Government owned companies, joint sector companies and associate companies promoted by the Central, Union Territories or State Government. 15% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5,000/- 8. Bonafide applicants who have completed construction as per plans approved and the Occupancy Certificate is obtained for full or part and the unit is into commercial operation and successfully functioning for more than 10 years. 10% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5,000/- SCHEDULE IV (See Clause 5) 1. Detailed project report along with the flow chart. 2. Term loan sanction letter from the Financial Institution or CA’s certificate regarding promoter’s financial capability. 3. The arrangements made for procurement of plant and machinery and marketing the products (attach relevant documents). 4. Bio-data of the Promoter/Directors/Shareholders/Partners. 5. PAN cards. 6. In case of companies:- Memorandum & Articles of Association along with incorporation certificate from the Registrar of Companies and a certified copy of Resolution passed by the company for setting up of project and the person empowered to act on behalf of the company and the shareholding pattern of the company. 7. In case of partnership Firm:- Registered copy of Partnership deed along with the certificate from Registrar of Firms. 8. EM Part I in case of Micro/Small & Medium unit and approval of the High Powered Co-ordination Committee in case of a large scale unit. 9. NOC from the Goa State Pollution Control Board from the pollution point of view, if applicable. 10. NOC from the Directorate of Health Services, Panaji-Goa, if applicable. 11. NOC from the Chief Controller of Explosives, if applicable. 12. NOC from the Inspectorate of Factories & Boilers, Panaji, if applicable. 13. NOC from the Directorate of Drug Administration, Government of Goa, if applicable. 14. A copy of the letter of intent from the Government of India, Ministry of Industries, New Delhi or SIA acknowledgment, if applicable. 15. Annual report of the company for the last three years, if applicable. 16. License under Fruit Products Order, if applicable. 17. A letter by the allottee or its authorized personnel confirming the not applicability of any of the documents listed at 9 to 16 above, in his/her or its case. By order and in the name of the Goa Industrial Development Corporation. ' Substituted vide Amendment Regulation 2016 in place of word and figure “value of Rs. 300/- per sq. mts.” 2Substituted vide Amendment Regulation 2016 in place of word and figure “and the Occupancy Certificate is obtained for part or whole of the building.” 3 Clause omitted vide Amendment Regulation 2016 orignal clause read as follows :- “(b) Plot with partial building construction;” 4Substituted vide Amendment Regulation 2016 in place of expression “penalty equal to 109c per year or part thereof, of the prevailing premium rate per sq. mts. for the plot area” 5 Substituted vide Amendment Regulation 2016. Original provisions read as follows:- 29. Sub-leasing fee.— Sub-lease permitted under these regulations and approved by the Corporation will entail the following fees:— (i) For all sub-leases given after starting of commercial operations by the allottee:- 6W• of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allowed upto a sub-leasing period of 10 years. (ii) For all sub-leases given prior to starting of commercial operations by the allottee:- 8Wo of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted upto a sub-leasing period of 10 years. (iii) For any sub-leases beyond the period of 10 years upto a maximum of 15 years:- 10Wo of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allowed. Provided however that any extension of sub-lease beyond the period of 10 years upto a maximum of 15 years shall be permitted only with the prior approval of the Chairman of the Board. (iv) For any sub-leases beyond the period of 15 years shall be decided by the Board on case to case basis considering the merits of each case and entail fees equal to 109’o of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted. (v) The total sub-lease period, during the tenure of the original or extended lease period granted by the Corporation to an allottee or subsequent allottees created by transfer of lease hold rights, shall not exceed 15 yeors without prior approval of the Board. However, in case of small scale and micro industries where the unit has been into commercial operations for more than 10 years, the Corporation may permit sub-lease for the remainder period of the lease granted and the extended period thereon subject that the allowed plot area does not exceed 1200 sq. mts, sub-lease fees for such extended period shall be 10W• of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted. 6Substituted vide Amendment Regulation 2016 in place of figure 20% 7Substituted vide Amendment Regulation 2016 in place of words “ land/plot” ' 8Clause (i) omitted vide Amendment Regulation 2016 . the said clause read as follows :- “(i)1% of the prevailing total premium amount of the plot”. 9Expression “In addition to the surrender charges specified under clause 15 (i),” omitted vide Amendment Regulation 2016 '° Substituted in place of expression “Board of the Corporation” vide Amendment Regulation 2016. 11 Schedule 1 A substituted vide Amendment Regulation 2016. Original schedule-lA read as follows :- SCHEDULE-IA Conveyance of the lease hold rights over the plot/land initiated due to death; or permanent disability or serious health condition certified by the Goa Medical College, of the proprietor, partner, key person or promoter listed in the application for allotment of plot, to his/her/their legal representatives such as: ' 2 Clause (i) omitted vide Amendment Regulation 2016 . omitted clause read as follows :- “(i) Sub-leases initiated due to death; or permanent disability or serious health condition certified by the Goa Medical College, of proprietor, partner, key person or promoter listed in the application for allotment of plot;” ' 3 Substituted vide Amendment Regulation 2016 original clause read as follows :- (iii) Sub-leases beMeen sister companies or Associate/sister firms as defined under section clauses 3 (j) and 3 (k) above, 14 Schedule —HI substituted vide Amendment Regulation 2016. Original schedule —III as below:- SCHEDULE —III Sub Clause 1 Status of applicant and the plot sought to be transferred Non-Refundable Transfer fees Processing fees 1(a) Bonafide applicants where the construction on the plot has exceeded the definition of partial construction but is not Coming under the definition of substial construction. 60% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5000/- (b) Applicants of all plots other than manufacturing and permissible transfer of alcohol and tobacco products as per clause 6 (ii) (4). (c) All other cases of transfer permissible but not falling under 1 to 8 of this Schedule. 2 Bonafide applicants where construction on the plot falls under the definition of Sub-stantial Construction. 40% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5000/- 3. Bonafide applicants who have completed construction as per the plans approved by the Corporation, the occupancy certificate is obtained for full or part occupancy, the unit has gone into commercial operation but has operated for less than 5 years. 30% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5000/- 4 Bonafide applicants who have completed construction as per the plans approved, the occupancy certificate is obtained for full or part occupancy and the unit has gone into commercial operation for more than 5 years but less than 10 years. 20% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5000/- 5 Bonafide applicants who have initiated transfers due to death; or permanent disability or serious health condition certified by the Goa Medical College, of the proprietor, partner, key person or promoter listed in the application for allotment of plot, to his/her/their relatives, legal representatives, except those specified under Schedule IA. 5% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5000/- 6 Bonafide applicants where transfers are initiated due to auction by any institution by any financial institution. 15% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5000/- Application for transfer in between or to the Central, Union Territories or State Government owned companies, joint sector companies and associate companies promoted by the Central, Union Territories or State Government. 15% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5000/- 8 Bonafide applicants who have completed construction as per plans approved, the Occupancy Certificate is obtained for full or part occupancy and the unit is into commercial operation and successfully functioning for more than 10 years. 10% of the prevailing plot rate per sq. mts. of the plot area. Rs. 5000/- * Commercial operation shall be duly certified by a Chartered Account on the basis of the annual accounts of the allottee for the preceding 5 years and in case of any doubt the Corporation reserves its right to investigate in the matter prior to the grant of permission for sub-lease. Department of Industries CHAPTER-I CHAPTER-II CHAPTER-III CHAPTER-IV CHAPTER -V Mortgage SCHEDULE —IB SCHEDULE II