OPERATIONAL GUIDELINES FOR DISBURSEMENT OF CAPITAL INVESTMENT SUBSIDY UNDER TOURISM POLICY- 2016 (See Para 8.1.2 of TOURISM POLICY 2016)
1. Short Title: - Operational guidelines for disbursement of Capital Investment Subsidy under Tourism Policy Resolution, 2016.
2. Extent: -It shall extend to the whole of the State of Odisha.
3. Commencement: - It shall come into force from the “Effective Date" of Tourism Policy Resolution, 2016 i.e. 24th November 2016.
4. Terms and Expressions: - a) Investment means Building, Plant & Machinery, Other fixed assets and Electrical installations as per book value. In-eligible investment for the purpose of availing Capital Investment Subsidy shall be as specified in Clause
7.10 of Tourism Policy.
b) Terms and expressions used in this operational guideline, but not specifically defined / explained here, shall have the same meaning as in Tourism Policy Resolution, 2016.
5. Eligibility: - Tourism units satisfying definition and falling under – a) A New Tourism Unit.
b) Expansion of an existing Tourism Unit.
c) The existing tourism properties to be developed on PPP mode shall also be eligible for fiscal incentives provided, the private partner fulfill the minimum development plan prescribed in the Lease-cum-Development Agreement and the property is further augmented through investment in fixed capital or capacity by at least 50% of the existing capacity + prescribed minimum development plan d) Migrated tourism unit shall be eligible for incentives provided in this policy.
Migrated tourism unit means tourism units which has commenced fixed capital investment but has not started commercial operation before the effective date.
Such unit shall have the option to be treated as new tourism unit under Tourism Policy provided that it goes in to commercial operation within 3 years from the effective date. It will have to surrender and/or refund the incentive availed if any under earlier tourism policy or any other policy. Provided that such option is exercised in prescribed form & submitted within 180 days from the effective date. Option once exercised is irrevocable.
e) Any investor availing incentive under this policy shall not be eligible to avail any incentives under any such policy including IPR & vice versa.
f) The applicable incentive shall not be sanctioned & disbursed if the tourism unit is found closed / has gone out of commercial operation. In such a case, it may be deferred and will be released on satisfactory resumption of commercial operation.
6. Determination of date of Commercial Operation: The date of Commercial Operation for availing of this incentive (CIS) shall be determined by the Director Tourism Odisha basing on the totality of documentary evidence, mentioned in AnnexureAnnexureAnnexureAnnexure----AAAA----2.22.22.22.2.of C.I.S and joint inspection report.
7. Time frame for filing application: Eligible Tourism unit shall file its claim in the prescribed Application Form complete in all respect, within one year from the date of starting commercial operation / within one year from the date of notification of this Rules and Operational guidelines, whichever is later.
Application received after the due date/ incomplete in any respect shall be liable to be summarily rejected. The tourism units, whose commercial operation has started before the date of notification of the Tourism Policy, 2016 shall not be eligible in getting any incentives including CIS.
8.1 State Level Single Window Clearance Committee (SLSWCC) – State Level Single Window Clearance Committee shall be the competent authority to sanction subsidy claims of eligible Tourism Units.
8.2 The SLSWCC shall go into merits of each case to decide whether the tourism unit qualifies for grant of the subsidy under the frame work of Tourism Policy, 2016 and will determine the quantum of subsidy admissible to the Tourism unit.
8.3 The SLSWCC shall discharge all other functions as may be necessary and subservient to the sanction and disbursement of subsidy under this scheme and shall regulate / monitor the implementation of this scheme.
9. Meetings of the Committee: The SLSWCC may meet monthly or as per requirement.
10. Procedure:
10.1 Tourism units satisfying the eligibility as mentioned in Tourism Policy, 2016 shall file application in the prescribed form appended to this operational guideline at Annexure-A-1 along with copies of all relevant documents as mentioned in the Checklist at Annexure-A-2 and Undertaking prescribed at Annexure-A-2.1 as per the following category;
New Tourism Unit / Expansion Tourism unit shall file application in duplicate with Director Tourism Odisha / Facilitation Cell.
Copies of the documents as indicated in the checklist shall be self - certified by Proprietor / Managing Partner / Managing Director / Authorized Signatory.
10.2 On receipt of application, the acknowledgement as prescribed at Annexure- A (3) shall be dispatched to the applicant / applicant unit duly signed by an Authorized Officer of Facilitation Cell on the day of receipt. The Director Tourism Odisha may authorize any of his officers for the purpose.
10.3 The Facilitation Cell of Tourism Department will check the eligibility and determine the TOURISM POLICY applicability in each case within a week.
All the documents submitted by the units shall be verified with the original by the Facilitation Cell.
10.4 The Facilitation Cell of Tourism Department shall examine the eligibility and veracity of facts concerning the claim, visit the unit and asses the total investment as per format at Annexure-A (4). The modality for assessment of Capital Investment is prescribed below.
10.5 The Facilitation Cell of Tourism Department, on receipt of application will scrutinize the same and send a detail report to Director Tourism Odisha with a detail note on fulfillment of eligibility criteria, time limit, T O U R I S M P O L I C Y applicability, eligible amount of subsidy vis-à-vis Capital Investment in the Project, decrease/ increase in recommended CIS amount with justification, working status, specific suggestion, if any, for consideration. A model agenda Note prescribed at Annexure-A-5 may be referred to for the purpose.
11. Assessment of Capital Investment: Investment means investment in building, plant, machinery, electrical installation.
11.1.1 Building constructed - For valuation of building constructed over the acquired land, the year of construction, the type of construction and the specification of the building, and the valuation certified by Charted Civil Engineer for different type of construction will be taken into consideration.
11.1.2 The valuation of civil construction like building, stores, office, overhead tank, compound wall, gate, barbed wire fencing, well and civil works for the purpose of pollution control, energy conservation, installation of non-conventional energy equipment, power generation, transformer, gas plant, water treatment plant, rain water harvesting & charging etc shall be made as per the pro-forma prescribed at Annexure-B (1). If the land is leasehold through a registered deed for a period of more than 30 years, the value of building constructed over the said land to the extent of industrial use will be considered for assessment for the purpose of CIS.
11.2 Plant & Machinery- The value of plant & machinery as erected at Tourism Unit site shall be taken into account including the cost of productive equipment.
Amount spent towards insurance premium and tax for procurement of such assets will also be taken into account. In case of imported machinery, import duty, shipping charges, custom clearance charges, VAT paid thereon will also be taken into consideration.
11.3 The investment made on the following items will be taken into account for assessment, namely;
a) Generator set not less than 10 K.W., transformer and Captive power plant (certified by DISTCOMs / Electrical Inspector (T&D) b) Gas producing plant c) Water and waste Water treatment plant d) Pollution Control equipment (certified by State Pollution Control Board, Odisha) e) Energy conservation equipment (certified by GRIDCO / DISTCOMs / Electrical Inspector (T&D / approved consultant) f) Non-conventional Energy equipment g) Fire Fighting equipment / sensors for safety measures
11.4 Electrification & Installation-
11.4.1- The cost involved in electrification, wiring, installation of cables, bus bar, electrical panels (not mounted on individual machines), circuit breakers etc. which are necessarily to be used for providing electrical power for use will be taken into account.
11.4.2- The cost involved in installation & erection of plant & machinery and balancing equipment etc. will be taken into account for assessment.
11.5- The detailed valuation of plant & machinery and balancing equipment, electrification & installation etc. shall be made in the proforma prescribed at Annexure-B (2).
11.6. Furniture Fixtures – The detail of valuation of the Furniture Fixture shall be done on the basis of actual invoice duly supported by detail of payments & certificate of the registered valuer.
11.7- The valuation of fixed assets shall be supported with a certificate that the assets acquired by the Tourism unit are new, the cost has been duly paid for, the assets are required in process of operation and are found to be in use / working in the premises of Tourism unit.
11.8- Valuation of second-hand Plant & machinery, furniture fixtures, balancing equipment and al l other f i xed assets wi l l not be entertained.
12. SANCTION, CONFIRMATION & RATIFICATION THEREON:
12.1 The recommendation of Tourism Facilitation Cell shall be placed before the SSWCC and considering the merit of each case shall recommend sanction of Capital Investment subsidy in favor of the Tourism unit.
Director Tourism shall sanction the CIS on the basis of recommendation of SLSWCC.
12.2 After sanction of Capital Investment Subsidy, Director Tourism will communicate the details of sanction in the format prescribed at Annexure- C-(1) to the concerned Tourism unit within 7 days of issue of the Proceedings.
12.3 The Tourism unit on receipt of sanction letter shall be required to execute Agreement with Director Tourism Odisha as per Annexure – C (2) within next 3 days
12.4 In case of rejection by the SLSWCC, the same will be communicated by Director Tourism Odisha to the concerned Tourism Unit in the format prescribed at Annexure-C-(3).
12.5 The Director Tourism Odisha is to ensure that the sanction for reimbursement of the subsidy should not take more than 30 days from the date of application by the Tourism unit.
13. DISBURSEMENT OF CAPITAL INVESTMENT SUBSIDY
13.1 Director Tourism, Odisha shall disburse the subsidy on Capital investment to Tourism Unit through the Financing Agency from which the unit has availed term loan/ financial assistance. In case of self-financed units the subsidy amount can be disbursed directly to the unit.
13.2 Disbursement will be made on availability of funds through budgetary provision as per the modality to be decided, if necessary, by the Director Tourism Odisha.
14. Funds & Audit:
14.1 Funds: The Director Tourism Odisha will estimate the requirement of funds and furnish the requirement to the Tourism Department for budget provision every year. The State Govt. in Tourism Department will provide funds to Director Tourism Odisha, who shall be the Disbursing Agency. The Tourism Department will maintain regular accounts for each case & shall be accountable to the Audit and the State Govt. Director Tourism Odisha will furnish the utilization certificate in OGFR-7 (A) along with the list of beneficiaries disbursed with assistance at the end of each financial year.
14.2 Audit: The accounts maintained by the Department of Tourism Odisha shall be audited by the AG, Odisha.
15. Maintenance of Records: The receipt / forwarding / sanction / rejection / disbursement of subsidy on Capital Investment shall be monitored both electronically & manually at Department of Tourism Odisha level.
16. Recovery of Subsidy on Capital Investment: In the following events or circumstances subsidy on Capital Investment received by a Tourism unit shall be recoverable from it under the provision of OPDR Act as arrears of land revenue, unless refunded within a period of one month from the date of an order issued to this effect by the Director Tourism Odisha.
(i) Where a Tourist unit in the opinion of the SLSWCC has availed of the Subsidy on Capital Investment by misrepresentation, fraud or by furnishing false & misleading information or by suppressing facts / materials or disbursed in excess of the amount actually admissible for whatsoever reason.
(ii)Where the subsidy on Capital investment amount becomes recoverable in terms of the stipulation contained in the Agreement- Annexure – C (2) or the beneficiary units violate any other condition of the Rules & Guidelines and Agreement.
(iii) The unit shall remain in commercial operation continuously for a minimum of 5 years from the date on which benefits have been availed. In cases, where the operation has been discontinued due to any reason within the period of 5 years mentioned above, the unit shall be required to refund the incentives along with interest @ of 2% per month or any other penal interest prescribed by the DoT.
The unit, after getting the eligibility certificate, must submit quarterly progress details to the DoT of the incentives availed during the eligibility period. Any excess claim of incentives will be recovered with interest of 2% per month or any other penal interest prescribed by the DoT
17. Miscellaneous:
17.1 Application for Condonation of implementation delay shall be dealt separately. The Authorized Officer of Tourism Deptt. shall forward the request made by the entrepreneur for condonation of delay with justification to the Director Tourism Odisha who shall examine and recommend to Tourism Department as applicable for placement of the same in the SLSWCC. for consideration
17.2 The Facilitation Cell of Tourism Deptt. may inspect the Tourism unit individually / jointly if required.
17.3 Administration of CIS in the contingencies like shifting of Tourism unit within the State, change of ownership etc. within the period of this incentive shall be governed as per the terms & conditions stipulated in the agreement.
17.4 The Tourism Unit shall furnish its audited financial statements and other periodical statements of each financial year to the Tourism Deptt. during the period of incentives.
17.5 Any change in facts or circumstances affecting the eligibility of the unit shall be intimated immediately to the Director Tourism Odisha by the unit.
18. Where any doubt arises regarding implementation of these rules, the same shall be referred to Government of Odisha in the Tourism Department whose decision shall be final and binding on all the parties.
19. This has been concurred in by Finance Department and communicated vide their letter No.--------------------/ F dt------------------------- ++++++++++++++++++ Annexure- A (1) APPLICATION FOR SANCTION AND DISBURSEMENT OF CAPITAL INVESTMENT SUBSIDY UNDER TOURISM POLICY 2016 Application received after the due date / incomplete in any respect shall be liable for rejection (Strike out whichever is not applicable) From M/s.
At/PO Dist.
(Location of the Tourism Unit) To The Director Tourism, Govt. of Odisha, Bhubaneswar - 751014 Sub: Application for sanction and disbursement of Subsidy on Capital Investment under TOURISM POLICY 2016.
Sir, In accordance with the provisions laid down in TOURISM POLICY 2016 and its Rules & Guidelines, the Application for sanction and disbursement of Subsidy on Capital Investment is submitted with following particulars.
1 Category of the New Tourism Unit/ Expansion Tourism Unit.
:
2 Address of Registered office :
3 Type of organization (Proprietorship / Partnership / Co-operative / Private Limited / Public Limited) :
4 Name of Proprietor / Managing Partner / Managing Director / Authorized Signatory :
5 EM-II / IEM / I L No./TOURISM POLICY No and date* :
* Tourism Provisional Registration Number 6 Items / activity with capacity : Item Quantity Value (I)
(ii) 7 Employment created :
8 Name of the Financer 9 Amount of loan applied for 10 Amount of loan sanctioned with Date (copy of sanction order) 11 Date of first fixed capital investment i.e. investment in building / plant & machinery and balancing equipment etc. (specify the investment) 12 Date of starting commercial operation as per joint inspection Prescribed in clause 6.5 of Tourism Policy, 2016 13 In case of Hotel project the star categorization certificate of the appropriate authority.
14 Details of fixed capital investment of the unit (Head-wise) Sl. Items As per scheme approved by Financial Institution / Tourism Department.
Actual expenditure incurred Document submitted in support of the claim a Land b Building c Plant & Machinery d Balancing equipment e Electrification & Installation f Loading, unloading, transportation, duties, tax, Inc etc.
Total 14 Means of Finance (in Rs.)
Internal Resources - OSFC / Commercial Banks - Other Financing Institutions -
15. A/c No. of the unit
16. Name of Bank Branch with IFSC code & MICR No.
I, Sri (designation) of M/S S/o at present (name of the Tourism unit) certify that the information furnished as above is true and correct to the best of my knowledge and belief.
Date- Place- Signature of the Proprietor / Managing Partner/ Managing Director / Authorized Signatory in full and on behalf of M/s----------------------------------------------------------------------- CHECK LIST Annexure- A (2) Copies of documents to be attached with the application shall be self-certified by Proprietor / Managing Partner/Managing Director / Authorized Signatory (Strike out whichever is not applicable) 1 Entrepreneurs Memorandum- I / Entrepreneurs Memorandum- II, IEM / Industrial License & Production Certificate.
2 Power of Attorney / Board Resolution/ Society Resolution, as applicable, while signing as Partner / Managing Director / Authorized person.
3 Certificate of registration under Indian Partnership Act1932 / Societies Registration Act- 1860 / Certificate of incorporation (Memorandum of association & Article of Association ) under Company Act-1956 4 Undertaking on non-availment of subsidy earlier on this project 5 DPR / Project Profile 6 Document in support of date of starting Commercial operation.
7 Document in support of date of first investment in fixed capital i.e. investment in land / building / plant & machinery and balancing equipment 8 Sanction order(s) of the Term Loan 9 Land document –Title Deed / Sale Deed 10 Copy of Registered Lease Deed in support of land / land & building / building where the lease period is for 30 years or more.
11 Approved plan for civil construction of the Local Development Authority, Star categorization certificate by the Ministry of Tourism, Govt.of India for tourism projects other than hotel, the clearance of statutory authority 12 Copies of bills, vouchers, etc. signed by the entrepreneur / Authorized person in support of Capital investment, Balancing equipment, Electrification & Installation, transportation, duties, tax, Inc etc 13 Consent to operate issued by State Pollution Control Board, Odisha other than Green Category.
14 Clearance of Fire Safety Officer 15 Certificate of Star Categorization of appropriate authority in case of Hotel Project From M/s._ At/PO Dist. _ UNDERTAKING (Strike out whichever is not applicable) Annexure A-2.1 i) I / We hereby undertake that claim for reimbursement of Subsidy on Capital Investment for Rs. ----------- (in words).
ii) I / We shall abide by the terms and conditions prescribed under the provisions of Tourism Policy Resolution, 2016 and its operational guidelines.
iii) I / We shall repay the Subsidy on Capital Investment or any part thereof with penal interest as decided by the authority;
(a) If the information stated in the application & supporting documents is found to be false/ incorrect / misleading or mis-represented and there has been suppression of facts / materials or if found to have been disbursed in excess of the amount actually admissible for whatsoever reason.
(b) If the Tourism unit goes out of commercia l operat ion for a period exceeding six months at a time for any reasons other than labour troubles, want of electric power or for the reason which is beyond the control of entrepreneur / management during the period of incentives.
iv) This Tourism unit has not applied / availed Subsidy on Capital Investment in any manner under any other scheme of the State Govt. or the Central Govt. or any Financial Institution(s).
I / we shall furnish its audited financial statements and other periodical statements of each financial year to the Director Tourism Odisha during the period of incentives Signature of the Proprietor / Managing Partner / Managing Director / Authorised Signatory of M/s ------------------------------ Date- Annexure Annexure Annexure Annexure –––– A.2.2A.2.2A.2.2A.2.2 Determination of Commercial Operation Date 1 Name of the Project :
2 Address of Registered office :
3 Type of organization (Proprietorship / Partnership / Co-operative / Private Limited / Public Limited) :
4 Name of Proprietor / Managing Partner / Managing Director / Authorized Signatory :
5 EM-II / IEM / I L No./TPR No and date* :
6 Original Project Proposal A Hotel Project Location Star category No.of Rooms & facilities Built-up area B Other Tourism Projects Name of the Project Location Capacity, if any Other detail 7 Final Project Implemented A Hotel Project Location Star category No.of Rooms & facilities Built-up area B Other Tourism Projects Name of the Project Location Capacity, if any Other detail 8 Employment created 9 Name of the Financer 10 Amount of loan applied for 11 Amount of loan sanctioned with Date (copy of sanction order) 12 Date of starting commercial operation as per joint inspection Prescribed in clause 6.5 of Tourism Policy, 2016 13 List of documents to be submitted a) Completion certificate of Local Development Authority b) Service Tax registration certificate / GST c) VAT registration certificate / GST d) Certificate of the Service Tax / GST authority on the tax deposited in last 3 years e) Registration certificate under Shops & Establishment Act f) Certificate on Pollution Control Board on consent to operate g) Certificate of Chartered Accountant on the turnover & networth h) Project completion certificate from the Bankers.
i) Affidavit by the promoter that the project has been completed as per the project proposal & has been opened for the use of general public. Effective date.
Annexure- A (3) (FOR OFFICE USE) OFFICE OF THE DIRECTOR TOURISM GOVERNMENT OF ODISHA, BHUBANESWAR.
Letter No.---------------- / Date------------------ Acknowledgement (To be issued by authorized officer on the day of receipt) (Strike out whichever is not applicable) To Sri M/s. _ Received the application for ---------------------------------------------------------- under the provisions of TOURISM POLICY RESOLUTION–2016 and its operational guidelines along with documents mentioned below from M/s------------------ At/PO------ ----------Dist. _ on dt. -----through post / person.
List of documents
1.
2.
3.
Signature of authorized officer with seal & date---------- (TO BE DISPATCHED TO THE APPLICANT) OFFICE OF THE DIRECTOR TOURISM GOVERNMENT OF ODISHA, BHUBANESWAR.
Letter No.---------------- / Date------------------ Acknowledgement (To be issued by authorized officer on the day of receipt) (Strike out whichever is not applicable) To Sri M/s. _ Received the application for --------------------------------------------------------------------------- ------------------------------------------------------------------------------------------ under the provisions of TOURISM POLICY RESOLUTION – 2016 and its operational guidelines along with documents mentioned below from M/s----------------------------- At/PO-------------------Dist. _ on dt. -------through post / person.
List of documents
1.
2.
3.
Signature of authorized officer with seal & date---------- ASSESSMENT OF VALUE OF INVESTMENT
1. The cost of the Project of M/s.
Annexure- A (4) as given by the unit has been sanctioned a term loan of Rs.________ from __________ (name of the financial Institutions).
2. While submitting application for Entrepreneurs Memorandum- I / Entrepreneurs Memorandum – II/ IEM / Industrial License & Production Certificate, the unit has furnished scheme in support of the cost of the project as given below. (This relates to cases approved by concerned authority).
3. We have verified the investment made by the unit & the valuation of the assets acquired vis-à-vis the schematic provision is given below;
Item of Fixed Assets As per original project proposal Actual Exp.
given by the promoter.
Means / basis of assessmen t Actual Exp.
Assessed Name & designation of Assessing Authority a) Building b) Plant & Machinery c) Balancing equipment d) Electrification & Installation e) Furniture Fixture Total
4. Fixed Capital Investment has been made for the first time for setting up the unit forwarding the application made in Annexure- B (1)
5. 1st Fixed Capital Investment has been made on acquisition of------------------------------- (mode of investment) by way of
6. The unit is eligible to get Subsidy on Capital Investment @ ___% of fixed capital investment with a max. of Rs.10 Cr for investment up to Rs.50 Cr. and @ __% of the fixed Capital Investment with a max. of Rs. 15 Cr. for investment Rs.50 Cr. & above.
7. Undertak ing that It is a working unit.
Signature & Designation of the Member of Facilitation Cell of Department of Tourism FOOT NOTE:
a) In case, the cost of Fixed Assets acquired exceeds the schematic provisions, the reasons with justification for the excess investment should be explained while recommending the proposal.
N.B – Strike out whichever is not applicable.
Annexure- A (5) MODEL AGENDA TO BE PLACED BEFORE SLSWCC.
1 Name & Address of the Unit :
2 Location of the Unit :
3 Name of the District 4 Name of the Proprietor / Mg. Partner / Mg Director :
5 Date of receipt of application by Director Tourism :
6 Date of issue of EM-I/ EM- II/ IEM with No.
:
7 End Product (s) :
8 Capacity (No.of Room, Star categorization, other facilities etc.
: Unit - Value- Rs.
9 Financer (Self/OSFC/IPI/Bank ) :
10 Term Loan (Rs. In Lakh) :
11 Date of 1st Fixed Capital Investment :
12 Date of starting commercial operation :
13 Applicability of TOURISM POLICY 2016 :
14 Item of Fixed Assets As per original project proposal Actual Exp.
given by the promoter.
Means / basis of assessment Actual Exp.
Assessed Name & designation of Assessing Authority Building Plant & Machinery Balancing equipment Electrification & Installation Furniture Fixture Total 15 Rate of CIS :
16 Amount of CIS eligible :
17 Present working status :
18 Amount of Subsidy sanctioned earlier :
19 Amount of CIS recommended :
Brief Note on- • in time submission of application, • eligibility, • date of 1st Fixed Capital Investment and mode of investment, • applicability of TOURISM POLICY 2016, • valuation of the fixed assets acquired vis-à-vis the schematic provision & justification, if there is variation, • rate of CIS, • eligible amount of CIS, • present working status, • Loan A/c s etc.
• Recommendation / Suggestions, if any.
Annexure-B (1) PROFORMA FOR VALUATION OF CIVIL CONSTRUCTIONS 1 Name & address of the Unit :
2 Name of the Proprietor / Managing Partner / Managing Director / Director :
3 Location of the Unit :
4 Land particulars over which civil construction made : Mouza Khata No Plot No Total area Area used 5 Period of Construction : Year of Starting Year of Completion 6 Date of Valuation :
7 Name & designation of Inspecting Officer(s)
1. –
2. –
3. – 8 Name of the Proprietor / Mg Partner / Mg Director / Director / Authorized person / Representative of the unit present during valuation with his signature Name- Signature & date.
9 Type of Construction Sl Items Floor Wall Roof Truss Concrete AS / chequer ed tile / others (Brick or stone in cement, lime or tile mud mortar) (RCC/ CI / AC) (Steel / Wooden) a Building b Office C R & D Lab / Testing Lab D Civil constructions for pollution control, energy conservation, installation of nonconventional energy equipment, power generation, transformer, gas plant, water/ waste water treatment plant, rain water harvesting & charging etc E Store F Well ( Bore well / Open well) G Overhead Tank (RCC / Brick) H Compound Wall / Gate / Barbed I Wire Fencing 10 Description of Building Constructed A Items Plinth ( L x B) Plinth area rate of complete building in Rs./sq. ft as per approved norms of OSFC Valuation (Rs.)
a Factory b Godown c Office d R & D Lab / Testing Lab e Civil constructions for pollution control, energy conservation, installation of non-conventional energy equipment, power generation, transformer, gas plant, water treatment plant, rain water harvesting & charging etc f Store g Well ( Bore well / Open well) h Overhead Tank (RCC / Brick) i Compound Wall / Gate / Barbed j Wire Fencing Total B Type of Pillars (If this is a framed structure or open type building – indicate whether pillars are with RCC / Brick / Wood / Steel) Certified that the assets as valued above were verified during my / our inspection on date and are actually needed for the Tourism Unit.
Signature of Director Tourism OdishaI Date- Date- N.B: 1. For items not applicable, give ‘X’.
2. In all cases insist for a Plan (approved plan if located in Urban area)
3. While making valuation of the civil construction, the period of construction should be indicated.
PROFORMA FOR VALUATION OF PLANT & MACHINERY AND BALANCING EQUIPMENT, ELECTRIFICATION & INSTALLATION, FURNITURE FIXTURE ETC.
Sl Name with detailed specifications Name & address of the approved supplier Date of Supply Bill No.
& Date Cost Duty / Tax/ Ins. etc.
Total cost of the assets (6 & 7) Remarks 1 2 3 4 5 6 7 8 9 1 2 3 Certified that the assets as above have been verified during my / our inspection on date and are new. The Cost has been duly paid for and found to be working in the unit premises of the unit and actually required in process of operation.
►Required certificate from competent authority against the fixed assets (see Clause-
11.3) is appended to this statement.
Signature of Authorized Officer Date- SANCTION LETTER Annexure- C (1) OFFICE OF THE DIRECTOR OF TOURISM GOVERNMENT OF ODISHA, BHUBANESWAR Lt. No. ---------------- Dt---------- (Strike out whichever is not applicable) To M/s. _ At PO Sub-Division Dist. _ (Location of the Tourism Unit / Registered Office Address) Sub: Sanction of Subsidy on Capital Investment.
Ref: Your application for Capital Investment Subsidy dated ----------------.
Dear Sir, We are pleased to inform you that the SLSWCC in meeting held on have sanctioned Subsidy C a p i t a l I n v e s t m e n t of Rs. _ (Rupees ) only in favor of your unit @ of ___% of investment in Capital Investment under TOURISM POLICY
2016.
1. The said sanction of subsidy is subject to the following conditions in addition to the conditions prescribed under the scheme.
2. From the evidence furnished by you from time to time for the purpose of sanction of subsidy (SPM), the investment in Capital of the unit already set up has been estimated as under.
a) Buildings a) Plant & Machinery b) Balancing equipment c) Electrification & Installation d) Furniture Fixture Total Based on the above, the amount of_ _ % subsidy (SCI) to which you are entitled to is determined at Rs. _ .
3. The above sanctioned can be disbursed in full subject to availability of funds on subsidy on C I account for your unit at . An attested copy of the sanction letter of any of the bank from whom loan has been obtained for financing the project should also be furnished.
4. You shall have to furnish advance stamped receipt in triplicate for each instalment of disbursement on the following proforma on the letterhead of the unit.
“Received with thanks from sum of Rs. (Rupees _) only by cheque / draft No.
_dated on account of _ % capital investment subsidy (CIS) as per the terms and conditions laid down in the agreement executed by us on .
5. You shall also have to execute an agreement and the agreement shall be on stamp paper of Rs.-----------, which shall be kept by us / Inspector General Registration.
6. The agreement should be executed by the proprietor, in the case of proprietory concern,
7. In case of partnership, agreement should be executed by all the partners;
however, if any one of the partner hold a general power of attorney, he may execute the agreement on behalf of the remaining partners. In that case, please furnish a certified copy of the partnership deed registered with Registrar of Firms under Indian Partnership Act, 1932.
8. Erasures, if any should be properly, initialed. No. blank should be left in the agreement and all the blanks should be filled in with proper initials.
9. Along with the above agreement duly executed, you are requested to furnish a certified true copy of the resolution passed by the Board of Director of your company for availing and utilizing the CIS sanctioned. (This is applicable in case of limited company).
10. You shall also have to produce a Certificate on the working status of your unit from your financer duly countersigned by the concerned Authorized Officer Tourism Deptt.
Yours faithfully, Memo No----------- Date------------ Authorized Officer Copy forwarded to Director Tourism Odisha------------ for information and necessary action.
Authorized Officer AGREEMENT Annexure- C (2) This INDENTURE made in this day of , 20---- between a private / public limited company incorporated under companies Act, 1956, a cooperative society registered under the Orissa Cooperative Society Act 1962 and having its registered office at OR Carrying on business as a sole Proprietor / Partner / Director / Managing Director / Trustee / others in the firm with the name and style of M/s.
having its office at hereinafter called the entrepreneur (which expression shall unless it be repugnant to the context or meaning there of be deemed to include its successor or successors and assigns / the partners for the time being of the said firm and their assigns / his / their, executors, administrators and assigns) of the first part, And Director of Tourism, Govt. of Odisha representing the Governor of Odisha, exercising the executive powers of the Government of the State of Odisha (here in after referred to as “the Governor” which expression shall unless it be repugnant to the context or meaning the thereof be deemed to include his successor of successors and assigns) of second part, as :- a) The Government of Odisha have framed a scheme as Subsidy on Capital Investment under the provisions of TOURISM POLICY 2016 for the Tourism units with a view to promote growth of Tourism standing therein that Government of Odisha will grant a subsidy to the Project Proponent who set up new / expansion Tourism Unit in the districts of the State if the said parties satisfy the terms and conditions laid down under the Policy and its Rules & Guidelines which shall be deemed to be a part of this agreement.
b) The Government of Odisha (hereinafter referred to as the Government has appointed the Director of Tourism to act as the Disbursing Agency of the said Investment Subsidy.
c) The Entrepreneurs have set up Tou r i s m un i t at on plot No.
Khata No.
measurement of area Mouza District standing in the name of and have satisfied other conditions of the capital investment subsidy scheme and have, therefore, become entitled to the benefits under the said Subsidy on Capital Investment scheme.
d) The entrepreneurs by their application dated the day of 20 applied to the Government for the grant of (Rupees ___% Subsidy on Capital Investment amounting to Rs.
) and whereas :- @ (Rupees i) Relying on the said application and subsequent representations made by the entrepreneurs, the Government have sanctioned __% subsidy on Capital Invstment of Rs. and the Director Tourism has agreed to pay the same on behalf of the Government to the entrepreneur on their executing the necessary documents as hereinafter appearing and creating the fixed assets to the tune of Rs. _ ii) Now this INDENTURE witnesses and it is hereby agreed by and between the parties hereto as under :-
1. In consideration of the Government agreeing to give to the entrepreneurs under the said scheme, in such installments the Government in its sole discretion think fit, an aggregate amount of _ and by way of the subsidy on Capital Investment to the entrepreneurs creating the fixed assets of Rs. for the purpose of the said unit and the entrepreneurs do and each of them do hereby covenant with the Government as under:-
2. The Director Tourism Odisha will be entitled in its sole discretion to make disbursement of the Subsidy on Capital Investment or of any part thereof of either in one or more installments to the party on it complying with the terms & conditions of the Subsidy on Capital Investment and of this agreement.
3. In the event of the SLSWCC ultimately deciding for any reasons whatsoever that the entrepreneurs are entitled to a lesser amount of subsidy the excess amount of the Subsidy on Capital Investment shall be repaid by the entrepreneurs to the Director Tourism Odisha along with interest thereon @ 12 ½% per annum or such other rate as the Government might decide from time to time from the date of payment of the said amount of Rs.
repayment.
or any part thereof paid under this agreement till the
4. The entrepreneurs shall duly observe and perform the covenants and the conditions to be observed and performed by him / them under the said scheme.
5. The entrepreneurs shall not without prior approval of the SLSWCC change the location of the whole or any part of the tou r i sm unit or affect any substantial change in the said project within a period of 5 years from the commercial operation of the unit.
6. The entrepreneurs shall promptly furnish all the information asked for to the Director Tourism Government of Odisha and also furnish certified copies of its audited balance sheet and profit & loss amount within a period of 6 months from the end of the year and also such other periodicals statements in such form and by such dates as may be prescribed by the Government from time to time to the Director Tourism Govt. of Odisha.
7. The said sum of Rs. or such part thereof as may have been till then paid by the Government to the entrepreneurs shall become forthwith repayable by the entrepreneurs to the Government in each and every of the following events namely ;- a) If the entrepreneurs go out of commercial operation within 5 years from the date of start of operation.
b) ( i) If the entrepreneur(s) change(s) the location of whole or any part of the tourism unit or effect any substantial construction or disposal of substantial part of their total fixed capital investment within a period of 5 years after going into commercial operation.
(ii) If any information furnished by the entrepreneur (s) in his / their application for the subsidy or otherwise particularly regarding location, capital investment and operat ion, capacity of the said unit prior to the sanctioning of the sum of Rs.
as the subsidy is found to be incorrect or false or misleading and there has been suppression of any material / facts.
c) If a distress of execution shall be levied upon any property of the entrepreneurs or any part of the said unit or a receiver thereof is appointed.
d) If the entrepreneurs shall commit a breach of any one of the covenants or provisions herein contained and on his / their part to be observed and performed.
e) If the entrepreneurs close the said un i t for a period exceeding 6 months at a time for reasons other than the labour troubles, want of electric power or raw material or shall cease to carry on business for any reason whatsoever within 5 years from the date of commercial operation.
f) If the entrepreneurs or any of them file a petition for being adjudicated as insolvent or are / is adjudicated as insolvent.
g) If any petition for winding up the entrepreneurs company is presenting to any court or the entrepreneurs company passes any resolution for being wound up.
h) If the entrepreneurs fail or neglect to forth with execute such further documents as may be required by the Government or to duly comply with any direction given to it by the Government. In each one of the aforesaid contingencies the entrepreneurs are to repay the whole amount mentioned above with interest thereon @ 12½% per annum or such rate as the Government might decide from time to time from the date of disbursement of the subsidy till the repayment.
8. Whenever any sum due and payable by the entrepreneur under these presents shall be in arrears the same shall be deemed to be public demand and may without prejudice to any other right and the remedies of the Government be recovered from the entrepreneurs as a public demand under the Orissa Public Demand Recovery Act, 1962.
9. The entrepreneurs shall permit any person or persons authorized by the Government in that behalf at any time and from time to time during the usual time or business to inspect and examine any part of the said unit and shall render to him / them such assistance as may be required for the Government and furnish to such person or person as aforesaid all such information relating to the said unit as may be required by such person or persons
10. The entrepreneurs shall observe and perform all instruction and direction that may be issued from time to time by the Director Tourism Odisha in relation to utilization of the said and shall for 7 years hereinafter to submit sum of Rs.___________ the Government yearly periodical progress reports on the working of the said unit at the time and the form prescribed by Government or the Corporation.
11. The entrepreneurs shall - a) Furnish further information asked for by the Government of Odisha or by the SLSWCC or by the Director Tourism Odisha from time to time.
b) Furnish to the Director Tourism Odisha certified copies of the annual statement of accounts including the balance sheet and also periodical statements in such form and by such dates as may be prescribed by the Government or the Director Tourism from time to time.
c) Furnish true copies of documents as may be required by the Government or the Director Tourism Odisha.
12. In the event of any dispute or difference arising between the parties hereto in respect of or in relation to this agreement or any provision herein contained either during the subsistence of this agreement or thereafter the same shall be referred to the sole arbitration or a suitable person acceptable to the entrepreneurs as well as the Government and / or the Director Tourism Odisha or any other person nominated by Govt. and his decision thereof shall be final and binding on the parties. Such arbitration shall be under the provision of the Arbitration Act, 1940 and shall be held in Cuttack.
13. The entrepreneurs agree that in respect of any matters arising under this agreement the courts at Cuttack along with have exclusive jurisdiction and that the entrepreneurs submit to the same will not object that the courts at Cuttack have no jurisdiction for any reason whatsoever.
14. In the event of any action arising under any of the clause herein above the entrepreneurs agree to pay to the Director Tourism Odisha the legal charges and such other costs as the Director Tourism Odisha may be required to incur in connection with the aforesaid action.
15. The entrepreneurs agree to bear and pay all the costs charged and the expenses incidental to the preparation and the execution of the agreement.
16. The unit shall remain in commercial operation continuously for a minimum of 5 years from the date on which benefits have been availed. In cases, where the operation has been discontinued due to any reason within the period of 5 years mentioned above, the unit shall be required to refund the incentives along with interest @ of 2% per month or any other penal interest prescribed by the DoT.
The unit, after getting the eligibility certificate, must submit quarterly progress details to the DoT of the incentives availed during the eligibility period. Any excess claim of incentives will be recovered with interest of 2% per month or any other penal interest prescribed by the DoT In Witness whereof of parties hereto have affixed their common seal of this writing the day and year first herein above written.
The common seal of:
Is there into affixed pursuant to the resolution of the Board of Directors of the company passed on the day of in the presence of who has / have put his/their signatures.
In token of his / their presence in the presence of In the witness thereof the entrepreneurs have put their (Respective land here today year herein above written) Signed and delivered by the _ With name in the presence of Witness 1 .
2 .
Signature of Officer Acting in the premises for on behalf of the Government of Orissa in the presence of Witness 1 .
2 .
Signature of