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Section 29: Sub-leasing fee

Goa-IDC Transfer & Sub-Lease Regulations, 2014 - In exercise of the powers conferred by clause (d) of sub-section (1) of section 51 of the…State Regulations of Goa · 1965

Sub-lease permitted under these regulations and approved by the Corporation will entail the following fees:—

(i) For all sub-leases given after starting of commercial operations by the allottee:- 6W• of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allowed upto a sub-leasing period of 10 years.

(ii) For all sub-leases given prior to starting of commercial operations by the allottee:- 8Wo of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted upto a sub-leasing period of 10 years.

(iii) For any sub-leases beyond the period of 10 years upto a maximum of 15 years:- 10Wo of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allowed.

Provided however that any extension of sub-lease beyond the period of 10 years upto a maximum of 15 years shall be permitted only with the prior approval of the Chairman of the Board.

(iv) For any sub-leases beyond the period of 15 years shall be decided by the Board on case to case basis considering the merits of each case and entail fees equal to 109’o of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted.

(v) The total sub-lease period, during the tenure of the original or extended lease period granted by the Corporation to an allottee or subsequent allottees created by transfer of lease hold rights, shall not exceed 15 yeors without prior approval of the Board. However, in case of small scale and micro industries where the unit has been into commercial operations for more than 10 years, the Corporation may permit sub-lease for the remainder period of the lease granted and the extended period thereon subject that the allowed plot area does not exceed 1200 sq. mts, sub-lease fees for such extended period shall be 10W• of the prevailing premium rate per sq. mts. per year, calculated on the total plot area allotted.

6Substituted vide Amendment Regulation 2016 in place of figure 20% 7Substituted vide Amendment Regulation 2016 in place of words “ land/plot” ' 8Clause (i) omitted vide Amendment Regulation 2016 . the said clause read as follows :- “(i)1% of the prevailing total premium amount of the plot”.

9Expression “In addition to the surrender charges specified under clause 15 (i),” omitted vide Amendment Regulation 2016 .

'° Substituted in place of expression “Board of the Corporation” vide Amendment Regulation 2016.

11 Schedule 1 A substituted vide Amendment Regulation 2016. Original schedule-lA read as follows :-

SCHEDULE-IA - 15 - Conveyance of the lease hold rights over the plot/land initiated 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 legal representatives such as:

(a) Father. (b) Mother.(c) Husband. (d) Wife. (e) Son. (f) Daughter.

' 2 Clause (i) omitted vide Amendment Regulation 2016 . omitted clause read as follows :- “(i) Sub-leases initiated due to death; or permanent disability or serious health condition certified by the Goa Medical College, of proprietor, partner, key person or promoter listed in the application for allotment of plot;” ' 3 Substituted vide Amendment Regulation 2016 original clause read as follows :- (iii) Sub-leases beMeen sister companies or Associate/sister firms as defined under section clauses 3 (j) and 3 (k) above, 14 Schedule —HI substituted vide Amendment Regulation 2016. Original schedule —III as below:-

SCHEDULE —III Sub Clause 1 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 exceeded the definition of partial construction but is not Coming under the definition of substial construction.

60% of the prevailing plot rate per sq. mts. of the plot area.

Rs. 5000/-

(b) Applicants of all plots other than manufacturing and permissible transfer of alcohol and tobacco products as per clause 6

(ii) (4).

(c) All other cases of transfer permissible but not falling under 1 to 8 of this Schedule.

2 Bonafide applicants where construction on the plot falls under the definition of Sub-stantial Construction.

40% of the prevailing plot rate per sq. mts. of the plot area.

Rs. 5000/-

3. Bonafide applicants who have completed construction as per the plans approved by the Corporation, the occupancy certificate is obtained for full or part occupancy, 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. 5000/- 4 Bonafide applicants who have completed construction as per the plans approved, the occupancy certificate is obtained for full or part occupancy 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. 5000/- 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 IA.

5% of the prevailing plot rate per sq. mts. of the plot area.

Rs. 5000/- 6 Bonafide applicants where transfers are initiated due to auction by any institution by any financial institution.

15% of the prevailing plot rate per sq. mts. of the plot area.

Rs. 5000/- 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. 5000/- 8 Bonafide applicants who have completed construction as per plans approved, the Occupancy Certificate is obtained for full or part occupancy 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. 5000/- * Commercial operation shall be duly certified by a Chartered Account on the basis of the annual accounts of the allottee for the preceding 5 years and in case of any doubt the Corporation reserves its right to investigate in the matter prior to the grant of permission for sub-lease.

Department of Industries

CHAPTER-I

CHAPTER-II

CHAPTER-III

CHAPTER-IV

CHAPTER -V Mortgage

SCHEDULE —IB

SCHEDULE II

Where this provision sits

ActGoa-IDC Transfer & Sub-Lease Regulations, 2014 - In exercise of the powers conferred by clause (d) of sub-section (1) of section 51 of the Goa Industrial Development Corporation Act, 1965, the Goa In…
Section29
Marginal noteSub-leasing fee
JurisdictionState of Goa
StatusIn force as published by the source

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