AIADA
AIADA
AIADA
CHAPTER – I
GENERAL
1.1 SHORT TITLE, OBJECTIVE, EXTENT AND COMMENCEMENT
i. This regulation shall be called the Adityapur 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 Adityapur Industrial Area
Development Authority for industrial purposes.
iii. These Regulations shall extend to the whole command area of Adityapur 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.
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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
(c) “Authority” means Adityapur Industrial Area Development Authority (AIADA) 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.
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CHAPTER – II
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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 Adityapur
Industrial Area Development Authority was constituted.
ii. Subject to the general control and supervision over the affairs of the Authority, the
Managing Director shall:
(a) Be the Chief Executive Officer of the Authority and shall be the disciplinary
authority in respect of the persons employed in Adityapur 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.
(b) Shall receive and spend, subject to budgetary provisions, money on behalf
of Adityapur Industrial Area Development Authority and ensure proper
maintenance of accounts, vouchers and receipts thereof.
(c) 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.
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
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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 fund of the Authority and no money shall
be paid from the funds of the Authority except on an order to pay 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.
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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 shall be
laid by the Managing Director before the Authority/Board of Directors.
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
Adityapur 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 Adityapur 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 Adityapur Industrial
Area Development Authority, two leading newspapers having wider circulation
and website of the Authority or website of the Single Window System.
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(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, Adityapur
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) Adityapur 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 Adityapur Industrial Area 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) Adityapur Industrial Area Development Authority shall also encourage
development of other mega projects in focus sectors which includes electronics
hardware (electronics systems, 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 Adityapur Industrial Area Development Authority shall be
treated at par for the purpose of allotment. No discrimination shall be made amongst
available land with Adityapur 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 Regulation and of the clauses of Industrial Policy.
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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.
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16. The allotment of plot shall be made subject to availability of land and approval of project
by the Project Clearance Committee.
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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. Adityapur 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 placed 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 within 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 Adityapur Industrial Area Development Authority.
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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 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.
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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 Adityapur Industrial Area Development
Authority at the time of seeking transfer of lease hold right. The payment at
aforesaid rate shall be condition precedent for transfer of lease hold right.
(g) 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.
(h) 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 EM-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.
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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, possession 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.
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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 Adityapur Industrial Area Development Authority and other
charges prevalent at the time of consideration along with all the dues of Adityapur
Industrial Area Development Authority.
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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.
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ii. There shall be no change in the conditions of lease rent and other charges
payable to Adityapur 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 Adityapur Industrial Area Development Authority within
30 days from the date of such change allowed by Adityapur Industrial
Area Development Authority. In exceptional circumstances Adityapur
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.
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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 Adityapur 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.
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.
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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.
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.
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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.
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Sd/-
(U.P Singh)
Principal Secretary
Department of Industries
Government of Jharkhand
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