(i) The Goa Industrial Development Corporation Transfer - 11 - and Sub-Lease Regulations, 2013, is hereby repealed.
(ii) The repeal of the Goa Industrial Development Corporation Transfer and Sub- -Lease Regulations, 2013, under sub-clause (i) shall not—
(a) Revive anything not in force or existing at the time at which the repeal takes effect, or;
(b) Affect the previous operation of the repealed regulations or anything duly done or suffered thereunder, or;
(c) Affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed regulations, or;
(d) Affect any fees, interest, penalty as are due or may become due or any forfeiture or violation committed under the provisions of the repealed regulations.
(iii) Notwithstanding anything contained herein, these regulations shall not affect the mutually agreed terms and conditions of the lease deed or other documents executed in between the Corporation and the allottee, prior to these regulations coming into force and the same shall be effective and binding.
26. The transfers and sub-leases done by the Corporation shall be made in terms and in consonance with the General Policy of the Government including the Policy on Environmental issues and siting guidelines.
27. Notwithstanding anything contained herein, these regulations shall not affect and/or have bearing over any directions issued to the Corporation by the Government in terms of section 16 of the Goa Industrial Development Act, 1965.
28. The Board of the Corporation with prior approval of the State Government shall be entitled for taking appropriate measures for removal of difficulties if any that may arise at any stage in the performance of its lawful functions, so as to give full effect to the Regulations.
11[SCHEDULE - IA Conveyance of the lease hold rights over the plot/land initiated due to,—
(i) attaining the age of 60 years or above;
(ii) death; or
(iii) permanent disability or serious health condition, certified by the Goa Medical College; of the proprietor, partner, key person or promoter specified in the application for allotment of plot, shall be made to his/her/their legal representatives in the following order of preference, name1y:—
(a) spouse and children;
(b) father and mother;
(c) brother and sister. ]
SCHEDULE —IB Exceptions in case of prohibited Sub-Leases.— 12[***]
(ii) Sub-leases from holding company to the subsidiary company and vice versa;
13[(iii) Sub-leases between Associate/Sister Companies and Associate/Sister firms] - 12 -
(iv) Sub-leases between Central, Union Territories or State Government owned companies, joint sector companies and associate companies promoted by the Central, Union Territories or State Government;
(v) Sub-leasing arising out of attachment of property by Financial Institution.
SCHEDULE II
(i) Change in constitution or shareholding in case of a partnership firm (including limited liability partnership or a company) amongst the relatives.
(ii) Conveyance of the lease hold rights over the plot/land due to amalgamation or mergers and demergers of companies taking place as per orders of the High Court under the Companies Act, as in force.
Conveyance of the lease hold rights over the plot/land from a holding company to its subsidiary company and vice versa.
4[SCHEDULE-III Sl.
No.
Status of applicant and the plot sought to be transferred Non-Refundable Transfer fees Processing Fees
(1) (2) (3) (4) 1(a) Bonafide applicants where the construction on the plot has met the definition of partial construction but is not coming under the definition of substantial construction.
60% of the prevailing plot rate per sq. mts.
of the plot area.
Rs. 5,000/-
(b) Applicants of all plots other than manufacturing and permissible transfer of alcohol and tobacco products as per 6 (ii) (4).
(c) All other cases of transfer permissible but not falling under items 1 to 8 of this schedule
2. Bonafide applicants where construction on the plot falls under the definition of Substantial Construction but the unit has not gone into commercial production.
40% of the prevailing plot rate per sq. mts.
of the plot area.
Rs. 5,000/- 3 Bonafide applicants who have completed construction as per the plans approved by the Corporation and the occupancy certificate is obtained for full or part and the unit has gone into commercial operation but has operated for less than 5 years.
30% of the prevailing plot rate per sq. mts.
of the plot area.
Rs. 5,000/- 4 Bonafide applicants who have completed construction as per the plans approved and the occupancy certificate is obtained for full or part and the unit has gone into commercial operation for more than 5 years but less than 10 years.
20% of the prevailing plot rate per sq. mts. of the plot area.
Rs. 5,000/- - 13 -
5. Bonafide applicants who have initiated transfers due to death; or permanent disability or serious health condition certified by the Goa Medical College, of the proprietor, partner, key person or promoter listed in the application for allotment of plot, to his/her/their relatives, legal representatives, except those specified under Schedule I-A and conveyance of the lease hold rights over the plot/ /land due to amalgamation or merger and demergers of Companies taking place as per Orders of the High Court under the Companies Act as in force.
5% of the prevailing plot rate per sq. mts. of the plot area.
Rs. 5,000/-
6. Bonafide applicants where transfers are initiated due to auction by any Bank or by any financial institution.
15% of the prevailing plot rate per sq. mts. of the plot area.
Rs. 5,000/-
7. Application for transfer in between or to the Central, Union Territories or State Government owned companies, joint sector companies and associate companies promoted by the Central, Union Territories or State Government.
15% of the prevailing plot rate per sq. mts. of the plot area.
Rs. 5,000/-
8. Bonafide applicants who have completed construction as per plans approved and the Occupancy Certificate is obtained for full or part and the unit is into commercial operation and successfully functioning for more than 10 years.
10% of the prevailing plot rate per sq. mts. of the plot area.
Rs. 5,000/-
SCHEDULE IV (See Clause 5)
1. Detailed project report along with the flow chart.
2. Term loan sanction letter from the Financial Institution or CA’s certificate regarding promoter’s financial capability.
3. The arrangements made for procurement of plant and machinery and marketing the products (attach relevant documents).
4. Bio-data of the Promoter/Directors/Shareholders/Partners.
5. PAN cards.
6. In case of companies:- Memorandum & Articles of Association along with incorporation certificate from the Registrar of Companies and a certified copy of Resolution passed by the company for setting up of project and the person empowered to act on behalf of the company and the shareholding pattern of the company.
7. In case of partnership Firm:- Registered copy of Partnership deed along with the certificate from Registrar of Firms.
8. EM Part I in case of Micro/Small & Medium unit and approval of the High Powered Co-ordination Committee in case of a large scale unit.
- 14 -
9. NOC from the Goa State Pollution Control Board from the pollution point of view, if applicable.
10. NOC from the Directorate of Health Services, Panaji-Goa, if applicable.
11. NOC from the Chief Controller of Explosives, if applicable.
12. NOC from the Inspectorate of Factories & Boilers, Panaji, if applicable.
13. NOC from the Directorate of Drug Administration, Government of Goa, if applicable.
14. A copy of the letter of intent from the Government of India, Ministry of Industries, New Delhi or SIA acknowledgment, if applicable.
15. Annual report of the company for the last three years, if applicable.
16. License under Fruit Products Order, if applicable.
17. A letter by the allottee or its authorized personnel confirming the not applicability of any of the documents listed at 9 to 16 above, in his/her or its case.
By order and in the name of the Goa Industrial Development Corporation.
Shri S. V. Naik, Managing Director.
Panaji, 30th July, 2014.
' Substituted vide Amendment Regulation 2016 in place of word and figure “value of Rs. 300/- per sq. mts.” 2Substituted vide Amendment Regulation 2016 in place of word and figure “and the Occupancy Certificate is obtained for part or whole of the building.” 3 Clause omitted vide Amendment Regulation 2016 orignal clause read as follows :- “(b) Plot with partial building construction;” 4Substituted vide Amendment Regulation 2016 in place of expression “penalty equal to 109c per year or part thereof, of the prevailing premium rate per sq. mts. for the plot area” 5 Substituted vide Amendment Regulation 2016. Original provisions read as follows:-