THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

10 AGRHAYAN, 1944 (S)

RANCHI, THURSDAY 1nd DECEMBER, 2022

INDUSTRIES DEPARTMENT

--------

RESOLUTION

16th October, 2015

RANCHI INDUSTRIAL AREA DEVELOPMENT AUTHORITY

REGULATIONS 2015

No. 04/ m0fu0(izkf/kdkj fofu;eu&2015)-30/2015- 3210--In exercise of powers conferred by section 15 of the

Bihar Industrial Area Development Authority Act 1974 as adopted by the Government of Jharkhand

vide Notification No. 339 dated 02.03.2001 issued by the Department of Science Technology,

Information Technology and Industries, Ranchi, Ranchi Industrial Area Development Authority, RIADA,

with the previous approval of the State government of Jharkhand, hereby makes the following

regulations to carry out the purposes of the said Act.

No. 574

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CHAPTER – I

GENERAL

1.1

SHORT TITLE, OBJECTIVE, EXTENT AND COMMENCEMENT

i.

This regulation shall be called the Ranchi Industrial Area Development Authority

Regulations, 2015

ii.

The main objective of this regulation is to make provision for planned Development

of Industrial Area and promotion of industries and matters appurtenant thereto

including judicious allotment of land under the command area of Ranchi Industrial

Area Development Authority for industrial purposes.

iii.

These Regulations shall extend to the whole command area of Ranchi Industrial Area

Development Authority, wherever exists.

iv.

These Regulations shall come into force on such date as the State Government may

specify by notification in the official gazette and shall supersede all earlier

Government/Board Resolutions, orders or Regulations, if any. However,

actions/deeds

under

earlier

orders/

circulars/

guidelines/

resolutions of

Government/ Board shall be valid.

1.2

DEFINITIONS - In these regulations unless the context otherwise requires:

(a) “Act” means Bihar Industrial Area Development Authority Act, 1974 and as amended vide

Bihar Act 27 of 1992 and as adopted by the Government of Jharkhand vide notification

no. 339 dated 02.03.2001 issued by the Secretary Department of Science Technology,

Information Technology

and Industries as Jharkhand Industrial Area Development Authority Act, 2001 and as may

be amended from time to time.

(b) “Applicant” means a person or entity who intends to set up industry in the command

area of Ranchi Industrial Area Development Authority who may be :

i.

Individual

ii. Proprietorship firm

iii. Registered partnership firm

iv. Private Limited Company

v. Limited liability registered partnership firm

vi. Public Limited Company

vii. Government Company

viii. State/Central Public Sector Undertaking

ix. Hindu Undivided Family (HUF)

x. Consortium of above applicants

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 3

(c) “Authority” means Ranchi Industrial Area Development Authority (RIADA) and includes its

Board of Directors.

(d) “Board of Directors” means the Authority constituted under section 3 of the Act.

(e) “Building byelaws” means a standard made by appropriate authority for approval of

plan for construction, completion/occupation of building for industrial purposes or

otherwise.

(f) “Chairman” means Chairperson of the Authority or of the Board of Directors

(g) “Industrial Policy” means the industrial policy or polices declared by the Government of

Jharkhand or by the Government of India, as the case may be, for promotion of

industrial, commercial and other related activities.

(h) “LAC” means Land Allotment Committee constituted by the Authority.

(i) “Managing Director” means Managing Director of the Authority constituted under section 3 of

the Act who shall be Chief Executive Officer of the Authority.

(j) “Meeting” means meeting of the Authority or of the Board of Directors.

(k) “Member” means a member constituting the Authority or Director on the Board of

Directors

(l) “PCC” means Project Clearance Committee constituted by the Authority

(m) “PWD Code” means PWD code of the Government of Jharkhand.

(n) “Rules” means Jharkhand Industrial Area Development Authority Rules, 2001 and as may

be amended from time to time.

(o) “Secretary” means Secretary of the Authority or the Board of Directors

(p) “Section” means a section of the Act.

(q) “State government” means Government of Jharkhand.

CHAPTER – II

2. PROCESS OF CONDUCT OF BUSINESS OF THE AUTHORITY

i.

The members of the Authority/Board of Directors shall meet at least once in every three

months to transact its business. However, if necessary, the meeting may be held as and

when required.

ii. The Secretary of the Authority shall call meeting with the approval of the Chairman or

the Managing Director. A meeting may also be called on written request by any

member of the Authority or the Board of Directors.

iii. The meeting of the Authority shall ordinarily be held in the office of the Authority but

the Chairman may direct the meeting to be held at any other place.

iv. A notice in writing specifying the date, time and place as well as agenda of meeting shall be

served on each member at least 7 days prior to the meeting in writing by registered

post or through special messenger or through electronic mail by taking

acknowledgement. In special circumstances, the meeting may be convened at a shorter

notice to transact business of an urgent nature and in such cases, the notice shall be sent

through special messenger or through electronic mail.

v. The adjourned meeting may be held at such place, date and time as may be decided by

the Chairman and no quorum will be necessary for an adjourned meeting.

vi. Three members entitled to vote at a meeting shall constitute the quorum without which

no business could be transacted at any such meeting.

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vii. The Chairman, or, in his absence, any member elected by the members present at the

meeting shall preside over the meeting.

viii. Decisions in the meetings of the Authority/Board of Directors will be as far as possible

taken on the basis of unanimity, but in case of difference of opinion amongst the

members, decision shall be taken on the basis of majority of the members. In the event of

equality of votes, the Chairman shall have casting or second vote.

ix. Minutes of the proceeding of all meeting shall be recorded in minute’s book to be

maintained for the purpose and shall be signed by the Chairman of the meeting and the

minutes shall be confirmed in the subsequent meeting.

x. The Authority/Board of Directors may, from time to time, for the purposes of carrying

out its duties and responsibilities under the Act or Rules made there under, constitute a

Committee or Committees consisting of its own members and if need be the expert from

outside and refer to them such matters as the Authority/Board of Directors consider

necessary. Acceptance and implementations of the recommendations of the Committees

or Sub Committees shall be subject to approval by the Authority/Board of Directors.

xi. The powers and functions of such Committee or Committees shall be within the ambit

of the terms referred to it by the Authority/Board of Directors.

CHAPTER – III

3. POWERS AND DUTIES OF CHAIRMAN AND MANAGING DIRECTOR

i.

The Chairman shall be the head of the Authority/Board of Directors and

(a) Shall preside over the meetings of the Board of Directors and regulate its deliberations.

(b) Shall do all acts and things for fulfilment of objectives for which Ranchi Industrial Area

Development Authority was constituted.

ii. Subject to the general control and supervision over the affairs of the Authority, the

Managing Director shall:

Be the Chief Executive Officer of the Authority and shall be the disciplinary authority in

respect of the persons employed in Ranchi Industrial Area Development Authority and shall

exercise all such powers and authority with regard to establishment matters like

appointment, promotion, disciplinary action, leave and benefit to the employees of the

Authority.

(a) Shall receive and spend, subject to budgetary provisions, money on behalf of Ranchi

Industrial Area Development Authority and ensure proper maintenance of accounts,

vouchers and receipts thereof.

(b) Perform all duties and responsibilities and exercise all powers vested under the Act and

Rules made there under and also that may be specifically entrusted by the Authority/Board

of Directors from time to time.

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 5

CHAPTER – IV

4. DUTIES AND RESPONSIBILITIES OF THE SECRETARY

There shall be a Secretary of the Authority appointed by State Government whose duties and

responsibilities shall be

i.

Preparation of agenda for the meetings of the Authority/Board of Directors

ii. Preparing and sending notice to all the members of Authority/Board of Directors

iii. Attending meeting of the Authority/Board of Directors

iv. Preparation of the minutes of the meeting of the Authority/Board of Directors

v. Complying with the directions of the Authority/Board of Directors, follow up for

ensuring implementation of the decisions and instructions of the Authority/Board of

Directors/Managing Director.

vi. Organizing and controlling the office staff, field staff and all other personnel under control

of th e Authority.

vii. Compiling and filing necessary report and returns to the State government and other

statutory authorities.

viii. To make all correspondences on behalf of Ranchi Industrial Area Development Authority

under authorization of the Managing Director and

ix. Discharge all other functions assigned from time to time by the Managing Director.

CHAPTER – V

5. TREATMENT OF FUNDS

i.

All money received by the Authority by way of fees, fines, levy charges, grants, loans etc.

shall be credited to the Authority’s account/fund as per prevailing accounting norms and

all expenditure incurred by the Authority shall be paid out of the respective fund.

ii. The Managing Director shall operate the funds of the Authority and no money shall be

paid from the funds of the Authority except on an order to pay is passed by the Managing

Director.

iii. Provided that the Managing Director may delegate this power to any other officer of

the Authority, who shall exercise such powers under general guidance and supervision

of the Managing Director and subject to such financial limit and restriction that may be

imposed by the Managing Director.

iv. The Authority shall keep proper books of accounts with respect to: -

(a) All receipts of money and expenditure by the Authority and the details in respect of

which the receipt and expenditures have taken place.

(b) All sales and goods of the Authority, and,

(c) All assets and liabilities of the Authority.

v. The books of accounts of the Authority shall be open for inspection by the members of

the Authority/Board of Directors during office hours.

vi. The books of accounts of the Authority shall be kept in the office of the Authority in safe

custody of the person entrusted with the responsibility for the purpose.

vii. Within four months of the close of each financial year, profit and loss account and balance

sheet prepared for the concerned at the end of the financial year hall be laid by the

Managing Director before the Authority/Board of Directors.

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viii. Every balance sheet and profit and loss account shall be approved by the

Authority/Board of Directors and after approval of the same, a copy each of balance sheet

and profit and loss account shall be sent to the State Government together with an

annual report about the activities and affairs of the Authority.

CHAPTER – VI

6. LAND ALLOTMENT PROCEDURE

Ranchi Industrial Area Development Authority is committed for planned development of industrial

area and promotion of industries and matters appurtenant thereto under its command area. After

acquisition of land either through the route of land acquisition laws or otherwise, the Authority

shall determine the rate for allotment to the intending applicants keeping in view the land cost,

expenditure incurred and expected expenditure to be incurred towards contour survey and plan

layout, levelling of land and erection of boundary wall, construction of roads, sewerage and drainage,

installation of street lighting, administrative cost and interest on capital investment, at the prevalent

rate of the year in which the land vested in Ranchi Industrial Area Development Authority . The rate

for allotment shall be revisable upward @ 5 % per annum or Board may enhance the rate if it thinks

fit subject to demand for concerned plot/area.

For allotment of land, the following procedure shall be followed by the Authority and shall form

part of this Regulation:

i.

The allotment of land shall be only for the purposes of setting up industry, as per the

actual requirement, and subject to the provisions of Jharkhand Industrial Area

Development Authority Act-2001, as amended from time to time, Jharkhand Industrial

Area Development Authority Rule, 2001 and the Industrial Policy, as applicable on the

relevant date.

ii. The allotment of land/plot shall be made subject to availability and approval of project

by the Project Clearance Committee (PCC), Allotment of land/industrial shed within the

industrial area shall be as per the following procedure : -

(a) Availability of land shall be notified on the notice board of Ranchi Industrial Area

Development Authority, two leading newspapers having wider circulation and website

of the Authority or website of the Single Window System.

(b) The application for land allotment/shed can be done online only in the website of the

Authority or Single Window System website.

(c) If more than one applicant makes application for a particular plot, Ranchi Industrial Area

Development Authority shall take steps for allotment by way of closed -bidding process

and highest bidder shall be allotted subject to fulfilment of other conditions. In case of tie

after closed- bid auction process, the successful applicant will be decided through lottery.

(d) Ranchi Industrial Area Development Authority shall also encourage mega investors in

IT/ITES for setting up IT industries, IT Park, IT SEZ and other Sector Specific park in private,

Joint Venture or under PPP mode. IT industries and bio- technology industries/units may

be accorded priority in allotment of land. In case, land allotted to mega IT industries

deferred payment of land premium may be allowed up to five equal instalments in a

spread over period of three years. For deferred payment Ranchi Industrial Area

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 7

Development Authority shall charge interest on balance amount @ 15% p.a. subject to

revision except Clause 15(a) of this Regulation. For such projects FAR relaxation

including special incentives for IT/Bio Technology industry etc. shall be applicable as per

extent industrial policy of the State.

(e) Ranchi Industrial Area Development Authority shall also encourage development of other

mega projects in focus sectors which includes electronics hardware (electronics system s,

design and manufacturing), semiconductor and industries having nano technology

applications, food and feed processing and such other projects as may be decided by the

State government.

(f) The Managing Director shall complete land allotment process within 75 days from the

date of publication of notification of vacant plot.

(g) The Project Clearance Committee meeting shall be held on 15th of every month or next

working day.

iii. All land available with Ranchi Industrial Area Development Authority shall be treated at

par for the purpose of allotment. No discrimination shall be made amongst available

land with Ranchi Industrial Area Development Authority on the basis of source of

availability, except for such cases which are covered under any of the paragraphs of the Re

gulation and of the clauses of Industrial Policy.

7. RESERVATION OF PLOT / LAND

i.

The reservation of plot shall be subject to recommendation of the Project Clearance

Committee and approval by the Managing Director Ranchi Industrial Area Development

Authority.

ii. At least 40% of the land in Authority will be reserved for micro and other small

enterprises in its command area.

iii. 10% of the available allotable land in any new Industrial Area (land acquired during the

currency of the instant industrial policy) will be earmarked for allotment to land losers for

a period of three years, measuring one acre or more is acquired by the Authority and

after three years, if no demand for plots from land losers, such plots will be de -notified

into general category.

iv. The land will be offered to such land losers as mentioned above, at prevalent rate for

setting up industry, subject to availability of land and their fulfilment of other criteria for

allotment.

8. APPLICATION FOR ALLOTMENT OF LAND AND SUBMISSION OF REQUISITES THEREWITH

i. Eligibility of Applicant

The applicant should be competent to contract who may be: -

(a) Individual

(b) Proprietorship firm

(c) Registered partnership firm

(d) Private Limited Company.

(e) Limited liability registered partnership firm

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(f) Public Limited company

(g) Government company

(h) State/Central Public Sector undertaking

(i) Hindu Undivided Family (HUF)

(j) Consortium of above applicants.

ii. Consortium of Applicant

(a) Member of the consortium shall have to specify one lead member who shall be

authorized to correspond with the Authority.

(b) The lead member of the consortium shall necessarily be a firm/company registered in

India with the appropriate statutory authority.

(c) The members shall submit a notarized memorandum of understanding conveying their

intent to jointly make application for allotment of land and, in case the plot is allotted to

them, they shall form a Special Purpose Vehicle (SPV) to carry out all the duties and

responsibilities of the allottee.

(d) The MoU shall clearly define the role and responsibilities of each member in the

consortium, particularly, with regard to arranging debt and equity for the project and its

implementation. The MoU shall state that all members shall be jointly and severally

responsible for the successful implementation of the project.

(e) Special Purpose Vehicle (SPV) shall either be a partnership firm registered with the

Registrar of Firms or Company registered under the Companies Act, 2013.

(f) Special Purpose Vehicle (SPV) shall be formed consisting of lead member and relevant

member with their shareholding as on the date of application, before execution of lease

deed.

(g) Lease deed shall be executed in favor of Special Purpose Vehicle (SPV).

(h) The lead member shall maintain its original shareholding in the SPV till the functional

certificate is obtained from the competent authority.

9. CHANGE IN THE NAME OF THE APPLICANT

Under no circumstances change in the name of the intending applicant shall be allowed.

10. ISSUE OF PUBLIC NOTICE, CORRIGENDUM AND AVAILABILITY OF APPLICATION FORMS

i.

A prior public notice by way of advertisement containing brief information on the

upcoming schemes and inviting applications from the public should be published in two

national Dailies (One English and one Hindi) by the Authority.

ii. The same advertisement shall be uploaded on the website of the Authority and Application

Forms shall also be provided on the website of the Authority and shall be filed online.

iii. Public Notice shall contain brief information of the upcoming schemes like:

(a) Last date for submission of the application

(b) Date of opening of schemes

(c) Application Processing Fee

(d) Place of obtaining Application forms.

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 9

(e) Website address of the Authority.

(f) Link address to download the Application Forms.

(g) Separate application form shall be required to be submitted for each Industrial plot.

iv. Managing Director reserves right to change the terms and conditions and if there is any

change in the terms & conditions of the schemes, it shall be notified to the public, by

issuing Corrigendum in the same manner as Public Notices are issued

11. NOTIFICATION OF PLOTS AVAILABLE FOR ALLOTMENT

List of plots available for allotment shall be displayed on the Notice Board and Website of Ranchi

Industrial Area Development Authority for 15 days. Number of plots may increase or decrease

depending on the availability of land. Managing Director reserves the right to withdraw any plot

from the allotment process after issuing speaking order and displaying such speaking order on the

notice board and website of the authority.

12. APPLICATION FOR ALLOTMENT OF LAND

The applicant shall make application online for land allotment, including uploading of following

information:-

General Information.

Applicant’s Information

Details of payment towards scrutiny fee

Details of existing unit/s of the applicant either in Industrial Area or at any other place

Project details

Investment details

Financial arrangement

Land use pattern

Environment Management plan

Infrastructural requirement

Details of employment generation

i.

Along with the application, the intending applicant shall submit the following documents : -

Details of raw materials to be used.

Details of machineries to be used.

Manufacturing process/Process flow chart

Details of finished products

Proposed investment and financial planning of the project.

Any other project related information

Details of payment for non-refundable scrutiny/processing fee Rs. 10000.00 for land

requirement up to 1.0 acres, Rs 25,000.00 for land requirement over 1.0 ac res up to 3.0 acres

and Rs. 50,000.00 for over 3.0 acres or as decided by the Authority, from time to

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time.Declaration cum undertaking in the Proforma prescribed by the Authority on Rs.

100.00 non judicial stamp paper with two witnesses. The declaration cum undertaking

must bear photograph of declaring and both the witnesses.

If the applicant is a company, furnish self -attested copy of company’s profile along with the

profile certificate of incorporation, article and memorandum of association and with the

profiles of all its directors long with their photographs.

If the applicant is a proprietary firm, furnish self-attested certificate of registration under

Shops & Establishment Act along with its profile and the profile of the proprietor and

his/her photograph.

If the applicant is a partnership firm, furnish self -attested copy of registered deed of

partnership or certificate of registration of partnership firm issued by the Registrar of

Firms under the Partnership

Act, 1932 or Limited Liability Partners hip Act, 2008, along with profile of firm and its

partners and their photographs.

ii. Non submission of aforementioned documents/information shall result in non-

entertainment of application by the Authority and process shall be initiated for

allotment of concerned plot to another intending applicant.

iii. Identity/address proof and two photographs be submitted for : -

Individual/Proprietary firm – of Proprietor

Partnership firm – of all partners

Private Limited company – of all present promoters/Directors

Public Limited company – of all present promoters/Directors on Board.

Unlimited company – of all present promoters/Directors on Board.

Hindu undivided Family (HUF) – of Karta

Government undertaking/Corporation – of all present members on Board

Promoter/Director of proposed private/Public limited company/ Unlimited Company or

any other type of company as per Company’s Act, 1956/2013 – of all proposed

promoter/director.

13. SUBMISSION OF SCRUTINY FEE/PROCESSING FEE

Along with Application Form, applicant shall deposit a Non-refundable & Non-adjustable scrutiny

fee/Processing fee of Rs. 10,000.00 for land requirement up to 1.0 acres, Rs 25,000.00 for over 1.0 acres

up to 3.0 acres and Rs. 50,000.00 for over 3.0 acres or as decided by the Authority, from time to

time.

14. MODE OF DEPOSIT OF SCRUTINY FEE/PROCESSING FEE

The scrutiny fee/processing fee as stated above shall be deposited through online payment.

15. SCRUTINY OF APPLICATIONS, ISSUANCE OF LAND ALLOTMENT ORDER AND DEPOSIT OF ALLOTMENT

i.

The application along with the requisite documents will be scrutinized by Project

Clarence Committee or Agency engaged by Authority to assist PCC. Subsequent to

evaluation and scrutiny and recommendation by LAC, Land Allotment Order shall be issued

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 11

by the Managing Director of the Authority to the Applicant. The applicant has to pay full

premium amount of the land by way of demand draft/online payment within 30 days,

except in case of Clause 6(ii) (c), from the receipt of allotment order and submit a copy of

deposit slip in the Authority.

ii. Non submission of aforementioned documents/information shall result in non -

entertainment of application by the Authority and process shall be initiated for

allotment of concerned plot to another intending applicant.

iii. In the event of more than one applicant seeking allotment of any plot for the project

cleared by the Project Clearance Committee (PCC), allotment of land shall be made

through transparent closed bidding online process wherein a bid submission date shall be

notified at least 10 days in advance of the bid and prevailing allotment rate shall be kept

as Floor Price of land. Managing Director of the Authority shall invite financial bids for

PCC cleared projects from the applicants. Authority shall invite financial bids from those

applicants along with earnest money deposit (EMD) equivalent to 10% of floor price of

land or Rs. 1, 50,000.00 (Rupees one lakh fifty thousand) whichever is higher, which shall

be deposited online and set off with the premium of land in case of selected bidder and

the amount of earnest money shall be refunded to other bidders, EMD of second highest

bidder shall be kept in reserve till receipt of full premium amount from the successful

bidder. Subsequent to evaluation and recommendation by LAC, land allotment order shall

be issued by the Managing Director of the Authority to the bidder whosoever offers

highest/maximum land premium over & above reserve price (hereafter referred as

“highest bidder”). The successful bidder shall have to pay full premium amount of the land

(after adjusting EMD) by way of demand draft/online payment within 30 days of issuance of

provisional allotment order.

iv. In the event of highest bidder being unable to deposit the entire amount of land premium

within the aforesaid period of 30 days, the provisional allotment order shall stand

withdrawn, earnest money shall be forfeited and allotment order shall be issued to the

second highest bidder, who shall have to deposit the entire premium amount as in case

of the first highest bidder.

v. The allottee shall pay full premium of land within 30 (thirty) days from the date of receipt

of letter of provisional allotment by way of demand draft or online payment in favor of

the Authority. Any amount paid earlier by the allottee along with the application seeking

allotment, except scrutiny fee, shall be set off with the amount of premium without

interest. On payment of full premium the allottee shall be handed over physical

possession of the land/shed within 10 (ten) days from the date of receipt of the same.

16. The allotment of plot shall be made subject to availability of land and approval of project by the

Project Clearance Committee.

17. TENURE OF LAND/SHED ALLOTTED

Land/Shed shall be allotted to the entrepreneur for setting up their industrial units on lease of 30

(thirty) years from the date of allotment on annual rent and other charges as decided by the

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Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022

Managing Director/ Authority with option of renewal. The renewal of the lease shall be considered

by the Managing Director/Authority on written request of the lessee three months prior to the

expiry date of the lease period, and renewal will be automatic for units on payment of processing

fee as mentioned in clause 13.

18. TIMELINES FOR SUBMISSION OF REQUISITE PLANS AND PENALTIES

i.

That the allottee shall submit a plan of the factory/sheds or/and building plan etc. along

with necessary documents for approval of the Managing Director of the Authority as

“Controlling Authority” under the Building bye laws of Ranchi Industrial Area

Development Authority/ Bihar (Jharkhand) Restrictions of Uses of Land Act or/and for

approval of Chief Inspector of Factories/

Inspector of Factories within six months from the date of taking delivery of possession of land. The

failure of the allottee in submitting factory/sheds plan or/and building plan for approval shall entail

late action fee @ Rs.1.00 per sq. ft. per month. Managing Director / Controlling Authority shall also

respond to the allottee within 90 days of submission of plan with necessary approval. However if

warranted, Authority may ask for clarification/modifications and submission of revised plan. In case no

communication is received from the Authority within 90 days from the date of submission of

plan/revised plan, it shall be constructed as deemed approval of plan and allottee shall start

construction as per the plan/revised plan submitted for approval.

ii. The Chief Inspector of Factories/ Inspector of Factories shall dispose off application for

the factory/shed and building plan within the prescribed time limit of 30 days from the

date of receipt of plan from the Managing Director of the Authority.

19. TIMELINES FOR CONSTRUCTION OF FACTORY/SHED

i.

The allottee shall start construction as per the approved plan within 6 (six) months,

extendable to a maximum period of another six months, under extraordinary

circumstances, with prior approval of the Managing Director, Ranchi Industrial Area

Development Authority, from the date of taking physical possession of the allotted plot. In

the event of failure on the part of allottee to do so, late action charges shall be recovered

@ 1.00 per sq. ft. per month from the last date of extended period.

ii. Ranchi Industrial Area Development Authority shall organize annual inspection of all

allotted plots to ensure its utilization. Detailed information compiled by the inspection

team will be p laced on the Website. The case of enterprises not utilizing the plot or

inadequately utilizing the plot for the purpose, for which the allotment was made,

Managing Director of the Authority shall take action for cancellation of allotment order of

land or penalty equal to land premium or forfeiture of amount deposited by the

entrepreneur towards land premium and other charges . After allotment and taking over

possession thereof if a fully functional industry is not set up by the allottee with in the

stipulated period (two years for micro and small enterprises and five years for other

enterprises) the allotment of land shall be cancelled and possession taken by Ranchi

Industrial Area Development Authority.

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 13

20. DECLARATION OF INDUSTRIAL PREMISES AS FUNCTIONAL

i.

An industrial unit after submission of consent to operate, as applicable from Pollution

Control Board (PCB) shall be declared functional, provided no dues to the Authority and

submission of

(a) Certified copy of EM Part -II indicting date of production/ Trade Tax Exemption

order/Trade Tax Assessment Order/STPI registration certificate along with documentary

evidence of functioning.

(b) Lease deed as applicable has been executed and registered.

(c) In addition to the documents stated above, the following documents as applicable may

also be required to be submitted by the allottee(s):

ESI registration certificate/ returns.

PF registration certificate/ returns.

Registration under Factories Act.

Electricity consumption bills for industrial usage.

(d) A team of officer(s) duly constituted for the purpose by the Managing Director of the

Authority may inspect the industrial Premises to determine the functioning.

ii. That the industrial units should go into product ion or show substantial progress

towards the implementation of the project within six months of the date of approval of

plan. The entrepreneur will start construction work with the margin money shown in

the project to be put in out of his own resources. Similarly on the installation of the

machinery etc. the unit will start production with his share of the working capital.

In case the proposed factory is not set up within the period mentioned above or within such

extended period as the Authority may allow after considering the circumstances, or does not make

satisfactory progress as indicated above, its deposit towards the premium of land along with the

construction, installation, Fixtures and equipment thereupon shall be liable to be forfeited by the

Authority. In case necessary effective steps are not taken within the fixed/extended period to establish

the industry, the Managing Director of the Authority shall in such conditions, cancel the allotment of

allotted plot/Shed and also forfeit the amount deposited in this connection. The Managing Director

of the authority shall, before cancelling the allotment allows one month time to the allottee to put up

his case. The allottee on being dissatisfied with the order of the Authority may file an appeal to the

Department of Industries, Government of Jharkhand within one month and the State Government

shall, after due consideration dispose it of within two months from the date of receipt of the appeal.

The authority shall, after cancellation of allotment of the plot /shed take possession of the said

plot/shed.

iii. That in the event of any construction without prior approval of the Managing Director

of the Authority or any departure from the approved plan of construction or any non -

industrial use of the land or construction thereon, or non-utilization of any part of the

14

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022

land according to the approved plan or otherwise, the Managing Director of the

Authority will have the option to change the cost and rent of the land of the entire

period of such use of land at the prevailing/current market rate as may be decided by the

Managing Director of the Authority and also cancel the allotment and resume the land in

consequence, thereof and no compensation will be payable to the allottee either for the

unexpired period of the lease, or for the structure, building installation and immoveable

assets in any shape form erected thereon.

21. EXECUTION OF LEASE DEED AND TRANSFER OF LEASEHOLD RIGHTS

i.

That allottee shall get the lease deed executed by Ranchi Industrial Area Development

Authority and registered within a period of three months from the date of taking

possession of the land. That the status of the unit over the allotted land shall be that of

a licensee until execution and registration of the lea se deed.

ii. The Managing Director of the Authority may consider the request of an

Entrepreneur/lessee for whose unit EM-II/PMT/SSI PMT/DOP has been issued either

running or sick or closed, for the transfer of leasehold rights of the schedule property in

favor of a new Entrepreneur as identified by the lessee during the currency of lease,

subject to the following conditions : -

(a) The lessee is not holding any dues to authority and shall submit NOC from financial

institutions for which Authority has accorded permission/no objection for mortgage or

the lessee has pledged lease deed with any financial institution.

(b) The new entrepreneur to whom the lessee wants to transfer the leasehold right must

have a viable/feasible/implementable project, duly approved by PCC to be executed on the

available plot of land.

(c) If at any stage, stake holding/ownership interest of proprietor/ promoter/ partners in the

firm at the time of plot/land allotment as the case may be, goes down below 51% in the

firm, the same shall be treated as transfer of allotted plot for the purposes of this

Regulation and processing fee and land premium as mentioned in sub-clause (f) as

prescribed shall be charged.

(d) No change in Shareholding (CIS) charges will be applicable for transfer of shareholding

(up to 100%) from husband to wife, parent to children, grandfather, grandmother,

grandchildren and/or vice versa. However, processing fee of Rs. 10,000.00 would be

applicable along with application for the same.

(e) Any change in the director who is not the shareholder of the concerned industrial unit has

to be informed to the Authority in writing by the allottee/lessee within 30 days of such

change, either induction or deletion of director.

(f) The transferee must pay 15% in case of MSME or 25% in case of others of the premium of

land prevailing in Ranchi Industrial Area Development Authority at the time of seeking

transfer of lease hold

(g) right. The payment at aforesaid rate shall be condition precedent for transfer of lease

hold right.

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 15

(h) In all cases of transfer, ownership change, a processing fee of Rs. 10,000.00 for plot area up

to 1.00 acre and additional Rs.2000.00 per acre for land in excess of 1.00 acre shall be

charged.

(i) The new entrepreneur or new allottee shall give undertaking to pay all dues with

interest of previous entrepreneur or old allottee to statutory, legal or financial liability

of government or financial institutions on a non -judicial stamp paper of Rs. 100.00 affixing

self -attested photograph.

iii. If the original lessee, to whom the land was allotted for a particular project makes a

new/ company / entity for a new project besides the existing company and transfers the

whole or part of the allotted land to such newly formed company, this shall be treated as

transfer of lease hold rights and shall be charged full land premium as per relevant clause

of this regulation even if the share of the original lessee in this new company/entity does

not go down below the 51% of the total share.

iv. Under no circumstances any entrepreneur shall be entitled to transfer the lease hold

right in respect of the plot allotted to him/it and hand over physical possession of the

said plot to any other entrepreneur without prior written permission of the Managing

Director of the Authority. Violation of this shall entail cancellation of allotment order,

termination of lease deed, if executed and forfeiture of land premium deposited by

observing the principles of natural justice.

v. Vacant plot or units for which E M-II/PMT/SSI PMT/DOP has not been issued, shall not

be considered for transfer. The allottee shall have to surrender the allotted plot to

Authority under clause 25 of this regulation or Authority shall evict the allottee after

following due process under this regulation.

22. SURRENDER OF ALLOTTED PLOT

i.

Any allottee shall be at liberty to surrender the allotted plot to the Authority at any point

of time by giving prior written application to the Managing Director of the Authority at

least three months in advance and the Authority shall accept the surrender subject to

the condition that the surrender is not in default in paying dues of the Authority and

he/she/it produces a no dues certificate from the concerned financial institution,

concerned statutory authorities and that he is not in default in payment of statutory due

to its employees along with a declaration cum undertaking cum indemnity bond on a

non-judicial stamp paper of Rs. 100.00 along with self - attested photograph of all

promoting stake holders, Authority shall refund/release partial payment of allotment

price for the land (full or partial) surrendered as per following terms

75% of allotment price, in case of surrender within one year from date of allotment of

land.

65% of allotment price, in case of surrender within two years from date of allotment of

land.

55% of allotment price, in case of surrender within three years from date of allotment of

land.

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Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022

The aforementioned payment by Authority shall be released only after peaceful surrender of full or

partial land (unutilized land) by the allottee/lessee. However, no request for surrender shall be

accepted by the Authority beyond three years of allotment of land. In such cases Authority shall cancel

the allotment order, terminate the lease deed and forfeit the lease premium and take possession by

observing the principles of natural justice.

ii. The application for surrender of allotted plot shall be disposed with 60 days from the

date of submission of application to the Authority.

iii. No entrepreneur shall be entitled to sublease or hand over physical possession of the

industrial plot allotted to him by the Authority, either upon cancellation or upon

surrender, to any person or any organization except to the Authority.

iv. In the event of any entrepreneur handing over physical possession of industrial plot

allotted to it/him, to any other person or entity without having being authorized by the

Authority, the Authority shall treat possession of that person or entity as unauthorized

and take recourse for recovery of possession including invoking the provisions of Public

Premises (Eviction and Unauthorized Occupants) Act, 1971 for recovery of possession,

Original allottee shall be liable to pay irregularity charges @Rs. 5.00 (Rupees five) per sq.

ft. per month to Ranchi Industrial Area Development Authority besides initiation of

cancellation proceeding.

v. In the event of the allottee either not utilizing or under -utilizing the land for the purpose

for which it was allotted, shall make himself/itself liable for cancellation of allotment in

case of not utilizing the land for the purpose for which it was allotted. In the event of

under -utilizing the land, action shall be initiated for cancellation of under/unutilized

portion of land in accordance with the principles of natural justice. In reply to the show

cause, if the allottee gives undertaking with time frame to utilize the unutilized portion of

land, then in the event of violation of undertaking, the allottee shall be liable for non -

action charges @ Rs. 10=00 per sq. ft. per month. Even after imposition of non-action

charges, if the allottee fails to abide by the undertaking, the concerned portion of the plot

shall be cancelled by observing the principles of natural justice and action shall be taken for

recovery of non-action charges under Public Demand Recovery Act and Rules framed there

under.

vi. If an allottee continues to be in possession of the cancelled plot and carry out any activity

either alone or with cooperation of somebody else, possess ion by such allottee shall be

treated unauthorized for which he/it shall be liable for penalty @ Rs. 15=00 per sq. ft.

per month until he/it hands over vacant possession of the allotted plot to the Authority or

the Authority recovers possession by invoking the provisions of Public Premises (Eviction

of Unauthorized Occupants) Act, 1971.

vii. No allottee shall be permitted to use the allotted plot for any other purpose including

residential or any other commercial activities, than for which the plot has been allotted.

Violation of this condition shall be treated as violation of this regulation; conditions of

allotment and lease deed and entail cancellation of plot.

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 17

23. MORTGAGE RIGHTS

i.

Mortgage of leasehold right on land in favor of nationalized and scheduled Bank s or any

other financial institution in any sector for financing the project on the allotted plot shall

be permissible with prior written consent of the Managing Director of the Authority only

for the project duly cleared by PCC on the allotted plot and wh ere time limit for bringing

the unit to production exists.

ii. The application for consent of the Managing Director for mortgage of leasehold in favor

of nationalized or scheduled banks shall be disposed within 15 days from the date of

submission of application.

iii. In case of mortgage, the Authority shall have the first charge on the assets/property

(built space/shed) towards transfer charges, extension charges, lease rent interest and any

other dues, taxes, charges etc. payable to Ranchi Industrial Area Development Authority

from time to time.

iv. The lessee/allottee shall submit to Ranchi Industrial Area Development Authority

application for grant of consent to mortgage along with consent/commitment letter from

the financial institution to the effect that financial institution shall make the finance

available to the allottee.

v. The Mortgage lease hold right in a plot / shed auctioned by the Bank / financial

institution / statutory authorities may also be considered for regularization by Managing

Director of the Authority in favor of the successful bidder identified by Bank / financial

institution for substitution on payment of transfer fee 15% in case of MSME or 25% in

case of others of lease premium of land from the successful bidder at the rate prevalent

in Ranchi Industrial Area Development Authority and other charges prevalent at the

time of consideration along with all the dues of Ranchi Industrial Area Development

Authority.

24. MERGE / DEMERGE / AMALGAMATE ALLOTTED PLOT(S)

i.

The lessee shall not take any action to Merge/demerge/amalgamate or to be acquired

by any entity without the prior permission in writing of Managing Director of the

Authority. On application of the lessee, Ranchi Industrial Area Development Authority after

considering the facts of each case and after realizing 15% in case of MSME or 25% in case of

others of the premium of the land prevailing in Ranchi Industrial Area Development

Authority at the time of consideration

may

grant

such

permission

for

Merge/demerge/amalgamate or acquisition provided that the lessee has not violated the

condition of land allotment order /lease deed/bond. In case of violation of condition of

land allotment order/lease deed/bond the full land cost shall be charged at the rate

prevailing at the time of consideration.

Irrespective of any condition put by or order passed by any Court or Tribunal, the

merger/demerge/amalgamate or acquisition will be allowed subject to the payment of land premium

provided in this clause.

18

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022

ii. The allotment of land for the purposes, other than setting up industry shall be decided

by the Authority to fill up the infrastructure gap within the command area of Ranchi

Industrial Area Development Authority.

25. CANCELLATION OF ALLOTTED PLOT

i.

Any violation of the conditions of land allotment order, lease deed, Indemnity Bond, or

the provisions of Industrial Policy as applicable on the relevant date and/or the

provisions of Bihar Industrial Area Development Authority Act, 1974 (Bihar Act 16 of 1974

and Bihar Act 27 of 1992) as adopted by the Government of Jharkhand vide Notification No.

339 dated 02.03.2001 issued by the Secretary Department of Science Technology,

Information Technology and Industries as Jharkhand Industrial Area Development

Authority Act, 2001 shall entitle the Managing Director to cancel the allotment order,

terminate the lease deed and forfeit the lease premium and take possession by

observing the principles of natural justice and pass orders to the effect.

ii. The following is the illustrative list of acts or omissions on the part of the allottee

constituting violation of terms of allotment, Industrial Policy and lease deed warranting

action initiation for cancellation proceeding :-

(a) None adhering to the schedule in the matter of setting up of industry for which the

plot is allotted.

(b) Not setting up the industry for which the plot is allotted.

(c) Unauthorized surrender in favor of another entity.

(d) Unauthorized change of constitution of the allotted entity.

(e) Unauthorized change of project.

(f) Unauthorized mortgage to any financial institution or otherwise.

(g) Making false declaration/giving false undertaking required to be furnished as a

condition for certain purpose wherever indicated in this regulation.

(h) Any other circumstances which the Managing Director of the Authority considers

against the interest of objectives of the Act, Rules made there under this regulations.

(i) Non-payment of any dues of the Authority including late action charges/ non action

charges shall constitute public demand recoverable under the provisions of Jharkhand Public

Demand Recovery Act.

26. CHANGE IN CONSTITUTION OF UNIT

i.

When an individual person (Proprietorship Firm)/Partnership Firm/Private Ltd. Co/Public

Ltd Co., having a plot/ unit located on a plot allotted by the concerned Authority, wants

to change its constitution in any of the following manners : -

(a) Proprietorship Firm to Partnership Firm

(b) Partnership Firm to Proprietorship Firm

(c) Proprietorship Firm/Partnership Firm to Private Ltd. Co./Public Ltd. Co./Limited Liability

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 19

Partnership Entity (LLPE)

(d) Private Ltd. Co/Public Ltd. Co/Limited Liability Partnership Entity (LLPE) to partnership

Firm/Proprietorship Firm.

(e) Private Ltd. Co. to Public Ltd. Co. or vice-versa.

(f) Limited Liability Partnership Entity (LLPE) to Private Ltd. Co. / Public Ltd. Co. or vice-versa.

The allottee(s) lessee(s) /transferee (s) shall move an application for change in Constitution,

accompanied by the following documents duly attested by the Chartered Accountant of the

respective entity seeking change along with bank demand draft in favor of Ranchi Industrial Area

Development Authority towards fee, as provided in this regulation.

I. For change In Constitution from Proprietorship Firm to Partnership Firm

(a) Certified copy of the Partnership Deed

(b) Form B regarding registration of firm or any other document to this effect issued by the

Registrar.

(c) Form “A” showing statement regarding name of Partners, or any other document to this

effect issued by the Registrar of firms of respective State

(d) Notarized affidavit stating the relationship of the incoming partners with the

allottee/transferee.

II. For Change In Constitution from Partnership Firm to Proprietorship Firm

(a) Certified copy of the Dissolution Deed of Partnership.

(b) Notarized affidavit stating the relationship of the incoming partners with the

allottee/transferee.

III. For Change In Constitution from Proprietorship Firm/Partnership Firm to Private Ltd. Co./ Public

Ltd. Co./Limited Liability Partnership Entity (LLPE)

(a) Certified copy of the Memorandum and the Article of Association of the company/LLPE

including LLPE Agreement.

(b) Certified copy of Certificate of Incorporation issued by the Registrar of Companies of

the respective State, preferably of the State of Jharkhand.

(c) Certified list of Board of Directors with their details/particulars like father’s name, age,

permanent address, local addresses, academic/ technical qualification etc. and certified

list of shareholders/ partners in case of LLPE showing number of shares and their value

along with their addresses.

(d) Duly certified Resolution of Board of Directors/ partners in case of LLPE regarding taking

over the industrial property by the Company/ LLPE form the Proprietorship Firm/

Partnership Firm. Also a copy of resolution in favor of the person authorized by the Board

of Directors of the Company/ partner of LLPE to correspond with the Authority. Any

change in address of any of the Directors / partners in case of LLPE must be brought to the

notice of Ranchi Industrial Area Development Authority in writing by registered post

20

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022

within 15 days of such change, failing which, consequences shall follow.

(e) Notarized affidavit duly sworn and attested regarding the relationship of the

shareholders with the allottee(s).

(f) In case of an entity registered with Registrar of Companies either under Companies Act,

2013 or Limited Liability Partnership Act, 2008 a certified copy of the Certificate of

Commencement of Business issued by the Registrar of Companies of the respective

State shall be submitted to Ranchi Industrial Area Development Authority.

IV. For change In Constitution from Private Ltd. Co./ Public Ltd. Co./ Limited Liability Partnership

Entity (LLPE) to Partnership Firm/ Proprietorship Firm

(a) Certified copy of the Partnership Deed

(b) Form B regarding registration of firm or any other document to this effect issued by the

Registrar

(c) Form “A” showing statement regarding name of Partners, or any other document to this

effect issued by the Registrar by the Registrar of firms respective State

(d) Notarized affidavit stating the relationship of the incoming partner s with the

allottee/transferee

(e) Duly certified Resolution of Board of Directors of the concerned company/partners of

LLP regarding change from Pvt. Ltd. to partnership firm/Proprietorship Firm handing

over the industrial property by the Company to the proprietor of the Proprietorship

Firm/ to the Partners of the partnership firm. Also the resolution in favor of the person

authorized by the Board of Directors of the concerned company/ partners of LLP to hand

over the possession

(f) Proof of dissolution of private limited company/ public limited company/LLPE duly signed

by the authorized persons

V. For Change in Constitution from Private Ltd. Co. to Public Ltd. Co. or vice-versa

(a) Certified copies of the Memorandum and the Articles of Association of both the Companies.

(b) Certified copies of Certificate of Incorporation of both the Companies issued by the

Registrar of Companies of the respective States preferably by the State of Jharkhand.

(c) Certified lists of Board of Directors and certified list of shareholders of both the

Companies showing number of shares and their value along with their addresses and

other details as mentioned at sub Clause (c) of clause 29 of this Regulation.

(d) Duly certified Resolutions of the Board of Directors of both the Companies regarding

handing over/ taking over the industrial property by the Company and regarding the

person authorized by the respective Board of Directors of the Company to correspond with

the concerned Authority.

(e) Notarized affidavit duly sworn and attested regarding the relationship of the

shareholders with the allottee(s) /lessee(s) / transferee(s). (Only in case exemption from

payment of CIS charges is sought.)

(f) In case of a Public Ltd. Co. Certified copy of the Certificate of Commencement of Business

issued by the Registrar of Companies of the respective State is also to be submitted.

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 21

(g) Proof of dissolution of respective company duly signed by the competent persons

(h) Any other documents required by the Registrar of Companies of the respective State.

VI. For Change in Constitution from Limited Liability Partnership Entity (LLPE) to Private

Company/unlisted Public Company or vice-versa.

(a) Certified copy of the L.J.P Agreement duly signed by its partners along with list of

designated partners

(b) Memorandum and the Article of Association of the respective company

(c) Certificate of Incorporation of the respective company / LLPE entity

(d) Certified list of Board of Directors with their details / particulars like father’s name, age,

permanent address, local addressee, academic/ technical qualification etc. and certified

list of

shareholders/partners in case of LLPE showing number of shares and their value along with their

addresses

(e) Certified list of partners of LLPE with their details/ Particulars like father’s name, age,

permanent address, local addressee, academic/ technical qualification etc . partners in case

of LLPE showing number of shares and their value along with their addresses and

photographs

(f) Duly certified Resolution of Board of Directors of the respective company/LLPE regarding

handing/ taking over the industrial property by the Company/ LLPE. Also a copy of

resolution in favor of the person authorized by the Board of Directors of the

Company/partner of LLPE to correspond with Ranchi Industrial Area Development

Authority. Any change in address of an y of the Directors/partners in case of LLPE must

be brought to the notice of Ranchi Industrial Area Development Authority in writing by

registered post within 15 days of such change, failing which, appropriate action shall be

taken.

(g) Notarized affidavit duly sworn and attested regarding the relationship of the

shareholders/ directors with the allottee(s)/transferee.

(h) Proof of dissolution of respective company duly signed by the competent persons

(i) Any other documents considered necessary to the submitted to Ranchi Industrial Area

Development Authority.

ii. There shall be no change in the conditions of lease rent and other charges payable to

Ranchi Industrial Area Development Authority as a result of Change in Constitution

iii. After Change in Constitution, a Deed of Declaration to the effect shall be executed by

the authorized person of the parties/ entities concerned and submitted to Ranchi

Industrial Area Development Authority within 30 days from the date of such change

allowed by Ranchi Industrial Area Development Authority. In exceptional circumstances

Ranchi Industrial Area Development Authority may consider execution of fresh lease

deed in favor of the new firm/ company at the expense of the changed entity.

22

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022

27. CHANGE IN SHAREHOLDING (CIS)

i.

Change in shareholding means change of shares (up to 100%) from any existing

shareholder(s) to any other shareholder(s) within the same Firm/ Company/ Entity.

ii. The cases where cancellation has not been effected are eligible for change of shareholding.

The application for change of shareholding may be submitted by the existing stake

holders of the entity along with following requisites: -

(a) Processing fee of Rs. 10,000 for land area up to 1.00 acre and an additional Rs. 2000 per

acre for land in excess of one acre shall be applicable or as decided by the Authority, from

time to time.

(b) List of Directors/ Shareholders/ partners/partners of LLPE along with shareholding duly

certified by the Chartered Accountant.

(c) Details of changes shareholding after induction of respective shareholders duly certified

by Registrar of Firms/ company along with certified copy of the Reconstituted Deed of

Partnership/ LLPE Agreement.

(d) Notarized affidavit stating the relationship of persons seeking change in shareholdings.

iii. If the shareholding of any of the blood relations as defined in clause 2 1(d) of the original

allottee from amongst existing immediate past and immediate future generation becomes

less than 50%, 15% in case of MSME or 25% in case of others of land premium at the

existing rate shall be payable to Ranchi Industrial Area Development Authority by the

shareholders seeking change in the shareholding. Failure of payment of land premium

shall entail cancellation of allotment.

28. MISCELLANEOUS PROVISIONS

i.

Ranchi Industrial Area Development Authority reserves its right to change/ modify /

work out from time to time and notify by displaying the same on its notice board, a

detailed transparent and objective policy of transfer, allotment of plots including the

provisions of lease deed and revision in land rent, development charges/ land levy/

maintenance charges, street light charges etc. from time to time, subject to ratification

by the Department of Industries, Government of Jharkhand.

ii. If Ranchi Industrial Area Development Authority at any point of time intends to earmark

certain area for the development of certain specific economic activities including IT /

ITES / EMC, the procedure and principle for allotment of such purposes shall be decided

by the Authority.

iii. The allottee shall obtain water, drainage and power connection by making application

in a prescribed form to the respective competent authority.

29. PENALTY FOR VIOLATION

i.

If any provision/ procedure is considered either contrary to or in variance of the

provisions of Chapter VI of this regulation, the same shall stand substituted by the

relevant provisions of this Chapter.

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022 23

ii. Any person who violates any order of the authority in respect of removal of any

structure of Encroachment or uses any land or building in violation of any provisions of this

regulation shall be punishable with fine which may extend up to Rs. 10,000.00 or simple

imprisonment for a term which may extend to six months or both and in case of

continuing offence with further which may extend to Rs. 100.00 for every day after

conviction.

CHAPTER – VII

30. AUDIT

i.

The Authority shall get its accounts audited by one or more auditors appointed by the

State Government within 90 days of the closure of financial year. The balance sheet and

profit and loss account prepared by the Authority shall be subject to audit/ verification

by the auditors. The Authority shall comply with the objections raised and observations

made by the auditors within 30 days of the receipt of audit report and compliance

report shall be sent to the State Government.

ii. Upon demand of the auditor the Authority shall furnish.

(a) Such information and explanations as may be considered necessary and

(b) each of the records, documents, books, accounts and vouchers as are in the opinion of the

auditor necessary to enable him/them to make the examination and report.

iii. The auditors’ report shall state

(a) Whether he has obtained all information and explanations which, to the best of his

knowledge and belief, were necessary for the purposes of his conducting audit.

(b) Whether in his opinion proper books of accounts, as required by law have been kept by

the Authority so far as appears from the examination of those books and proper returns

adequate for the purposes of his audit.

(c) Whether the Authority balance sheet and profit and loss account dealt with in the report

are in agreement with the books of accounts and report and returns made available to the

auditors.

CHAPTER – VIII

31. ESTABLISHMENT

i.

Subject to the appropriate budgetary provisions and prior approval of the State

Government as required under the Rules, the Authority shall create and make

appointments against such posts/ positions which is considered necessary for efficient

functioning of the Authority.

ii. The Managing Director shall be empowered to take services of any professional on the

conditions determined by him, for efficient functioning of the Authority.

24

Jharkhand Gazette (Extraordinary), Thursday, 1nd December, 2022

iii. The Managing Director of the Authority shall exercise all disciplinary control over the

employees of the Authority. However, in case of an employee whose services have been

obtained on lien or on deputation from the State Government or the Central

Government as the case may be, is subjected to disciplinary action and information to

the effect shall be transmitted to the concerned government.

CHAPTER – IX

32. Civil Works

i.

Any engineering or other works carried out in the Authority shall be guided, as far as

practicable, by the provisions contained in PWD Code as applicable to the State

Government.

By the order of the Governor of Jharkhand

(U.P. Singh)

Principal Secretary

Department of Industries

Government of Jharkhand

-------

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