2009 - 9lkfnl - Guidelines For Essentiality Certificate

GUIDELINES FOR ISSUE OF ESSENTIALITY CERTIFICATES BY THE
TOURISM DEPARTMENT.
A promoter of a Tourism project in Himachal Pradesh, if he is a

Non-agriculturist and Non-Himachali, has to obtain an Essentiality Certificate
from the Tourism Department before he can apply for permission to purchase
land Under-section 118 of the HP Tenancy and Land Reforms Act. This is
provided under Rule 38(A)(3)(f) of the HP Tenancy and Land Reforms Rules.
The mechanism of the Essentiality Certificate is necessary in order to ensure that
the purchase of land is for a genuine project and not intended to by-pass the
laws. The issue of Essentiality Certificates is recommended by the Distt. Tourism
Development Officers. In order, to ensure a consistency and uniformity of
approach by the various DTDOs and also to bring about greater transparency in
the process, it has been felt necessary to formulate a set of guidelines on the
basis of which Essentiality Certificates could be recommended/issued. It must
not be forgotten that the primary purpose for recommending issue of Essentiality
Certificates is the promotion of tourism in the State in a planned and
environmentally sustainable manner. It must also be noted that purchase of
Agricultural land in Himachal Pradesh by Non-agriculturists is a restricted right
and therefore such purchase should be allowed only if it benefits the State
directly. It is also the responsibility of the Department issuing the Essentiality
Certificates to ensure such a right is not misused.
Apart from guidelines for issue of the Essentiality Certificates, it is
also necessary to impose certain conditions to minimize their misuse, and also to
bring about greater Inter Departmental Co-ordination. The Essentiality Certificate
would be issued by the Commissioner(Tourism) and in the case of rejection, the
appellate authority will be Secretary(Tourism). The spot inspection of the projects
will be mandatory and same will be carried out in a defined frame for processing
the applications of the Entrepreneurs to cut short delay by the officer of Tourism
Department at different level as per cost of the projects as under:i)
upto one Crore
Inspector (Hotels)
ii)
upto ten Crore
DTDO
iii)
upto fifty crores
Dy. Director/Joint/Addl. Director (Tourism)
iv)
more than fifty crores
Commissioner(Tourism)
-----2---(1) GUIDELINES FOR ISSUE OF ESSENTIALITY CERTIFICATES:

- Low end/Budget units should not be recommended along major highways, at or
around important tourist destinations. In keeping with the Deptt's thrust towards
development of quality tourism, only high-end hospitality units be recommended
for such areas.
- Project reports should be insisted upon, and should be carefully scrutinized to
ensure that there are tangible benefits to the State from the point of view of
employment (both direct and indirect), revenues (from luxury tax, VAT, excise
etc.) , capital investment, addition of value etc. - Govt's objective of dispersing
tourism and de-congesting overburdened destinations should be kept in view. As
a general policy, no new proposals should be recommended for Kasauli area,
Solan, Shimla, Mashobra/Naldehra, Mcleodganj, Manali, Dalhousie, and
Dharamshala. Proposals for these places may be considered favourably only if
they belong to the premium category or the nature of the unit is unusual in adding
value.
- Run-of-the mill hotels should not be encouraged generally. Preference be given
to proposals that add new dimensions to tourism in the State, such as spas,
wellness/health resorts, adventure sports, nature or eco-tourism units, golf
resorts, multi-plexes. - It is important for the promoter to have had previous
experience of the hospitality sector. This is necessary to weed out speculators,
real estate developers, land- sharks etc. The Govt. would prefer investors with a
long term involvement in the State, who possess the experience and expertise to
make their project work. Towards this end, Govt. would prefer proposals from
recognised Brands or established chains. - Department should not accept at face
value the requirement of land as projected by the promoter, but make its own
assessment based on the project report and tourism potential of the area. It
should be particularly vigilant in cases where land prices are low, to avoid landgrabbing under the garb of tourism projects.
- No proposal should be recommended for Home Stays, as this scheme is meant
exclusively for those who already have dwelling units in the State. - Financial
standing of the promoter should be examined, along with mode of financing for
the project.
----3--For effective scrutiny it is suggested to introduce condition of spot visits by the

Officers of different level as per cost of the project. It is proposed that it would be
mandatory for the Inspector (Hotels) to visit the proposed site of all projects
costing upto one crore, by the DTDO for projects costing upto 10 crore, by the
Deputy/Joint/Additional Director for projects costing above one crore to 50 crores
and by the Commissioner/Director Tourism where the project cost is expected to
be beyond 50 crores.
-The following documents would be required to be attached to the proposal by
the promoter for issue of Essentiality Certificates:
(1) Application from the promoter.
(2) Project profile.
(3) Agreement to sell.
(4) Affidavit from the seller that he/she will not become landless and if he/she is
rendered landless he/she undertakes that he/she will not claim allotment of any
land/property from the government of HP under any scheme.
(5) Affidavit of purchaser that he will run the project as a tourism unit for atleast
10 years.
(6) Original revenue papers i.e. Jamabandj and Tatima.
(7) Site plan/Building plans along with provision of parking in Case the site is
drive in.
(8) An affidavit from the buyer with regard to land use for purpose of tourism unit.
(9) Memorandum of Articles of Association, in case of company, and partnership
deed, if the project is in partnership.
(2)CONDITIONS
CERTIFICATES:
TO
BE
ATTACHED
WITH
THE
ESSENTIALITY
-The Essentiality Certificate should not be construed as being an authentication

of the revenue papers attached to the proposal. These papers would be subject
to verification by the Revenue Deptt. -Whenever Govt. grants permission to
purchase land Under-section 118 on the basis of an Essentiality Certificate
issued by the Tourism Deptt. for a tourism unit, a specific note to this effect
should be made by the Patwari in the Jamabandi/Mutation order, so that the land
cannot be used for any other purpose.
-Land purchased for a Tourism unit on the basis of an Essentiality Certificate
cannot be sold by the promoter to any other person for 20 years. It can only be
alienated with the prior approval of the Govt.
----4---No other Department of the Govt. shall allow, or grant permission for, the use of
land purchased on the basis of an EC for any other purpose (such as industry
real estate, commercial complex etc.) without obtaining an NOC from the
Tourism Department. Promoter should complete the land transaction within
twelve months of issue of Essentiality certificate. Thereafter the project should be
completed within 2 years, failing which the EC would be withdrawn. Approved
with modification that a clause be added in the Policy to the effect that on
completion of the project the promoter shall submit a completion certificate to the
Commissioner Tourism who shall forward one copy to the F.C.(Revenue) for their
record. In exceptional cases, or for very large projects, Govt. can suitably extend
the time period for completion on application by the promoter.
Any violation of the conditions of the EC would result in withdrawal of the EC and
withdrawal of permission under Section 118 of the Tendency and land Reforms
Act by the revenue Department.
********

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GUIDELINES FOR ISSUE OF ESSENTIALITY CERTIFICATES BY THE

A promoter of a Tourism project in Himachal Pradesh, if he is a

upto one Crore

upto ten Crore

upto fifty crores

Dy. Director/Joint/Addl. Director (Tourism)

more than fifty crores

-----2---(1) GUIDELINES FOR ISSUE OF ESSENTIALITY CERTIFICATES:

----3--For effective scrutiny it is suggested to introduce condition of spot visits by the

-The Essentiality Certificate should not be construed as being an authentication

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