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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