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State of Rajasthan - Act

The Rajasthan Grant of Subsidy to Tourism Units for Purchase of Diesel Generating Sets Regulations, 1994

RAJASTHAN
India

The Rajasthan Grant of Subsidy to Tourism Units for Purchase of Diesel Generating Sets Regulations, 1994

Rule THE-RAJASTHAN-GRANT-OF-SUBSIDY-TO-TOURISM-UNITS-FOR-PURCHASE-OF-DIESEL-GENERATING-SETS-REGULATIONS-1994 of 1994

Published on 6 June 1994
Commenced on 6 June 1994
[This is the version of this document from 6 June 1994.]
[Note: The original publication document is not available and this content could not be verified.]

The Rajasthan Grant of Subsidy to Tourism Units for Purchase of Diesel Generating Sets Regulations, 1994Published vide Notification No. No. F. 12(35) Ind//83, dated 6-6-1994, published in Rajasthan Gazette Extraordinary, Part 4-C, dated 4-6-1994S.O. 114. - On account of uncertain power position in Rajasthan, it is necessary to encourage hotels to have diesel generating sets for generating power to meet their essential requirement. With this objective in view, the State Government hereby makes the following regulations:-

1. Short Title, Extent and Commencement.

- These regulations shall be called "The Rajasthan Grant of subsidy to Tourism Units for purchase of diesel Generating Sets Regulations, 1994. They shall extend to all the places of Categories A, B, C and Heritage Hotels as defined in capital investment subsidy for Tourism Development 1993 and come into force with immediate effect and remain in operation upto 31-3-1997.

2. Definitions.

(a)"Department" means the Department of Tourism, Government of Rajasthan.

(b)"Director" means the Director of Tourism, Rajasthan.

(c)"Government" means the Government of Rajasthan.

(d)"Competent Authority" means the Director of Tourism, Rajasthan.

(e)"Diesel Generating Set" includes equipment, instruments and machinery and other electrical accessories required for generating electricity.

3. Eligibility.

- The subsidy will be available only to the eligible tourism units as defined in the State Investment Capital Subsidy for Tourism Development, 1993.

4. Quantum of Conditions of Subsidy.

- (i) The subsidy shall be granted upto 25% of the capital cost of Diesel Generating Set or Rs. 50,000/- whichever is less. In case any tourism unit, has received or is eligible to receive Central or State Investment subsidy in respect of investment on diesel generating sets, the amount of subsidy under these Regulations would be reduced by an equal amount.

(ii)Subsidy is admissible for the purchase and installation of new DG Set provided the Tourism unit purchases it directly from manufacturers or its authorised agent.

(iii)Subsidy will not be granted on second hand DG set.

(iv)Subsidy will be allowed on the sets purchased and installed either from own resources or from loans granted by Financial Institutions/Banks.

5. Procedure for Grant of Subsidy.

- (i) The applicant unit shall submit its claim for subsidy in respect of Diesel Generating Set in the prescribed form as per Annexure-I.

(ii)The application should be accompanied with a copy of licence issued by the Rajasthan State Electricity Board for installation of the Diesel Generating set.

(iii)An affidavit of the applicant to the effect that the claim made by him is correct and genuine and that in case the same is found otherwise, he would be liable to refund the full amount of subsidy to the Government alongwith interest at the rate of 15% per annum, should be submitted with the application.

(iv)The claim shall be submitted to the Director of Tourism or his nominee not below the rank of Tourism Officer giving complete details of investment on the DG Set and other equipment and electrical accessories purchased alongwith the bills, receipt(s) of payment etc.

(v)The Director of Tourism or his nominee not below the rank of Tourist Officer, on receipt of the claim, shall inspect the premises and verify the correctness of the claim of subsidy and satisfy himself about the genuineness of the claim within a fortnight.

(vi)He will then submit the case to the Competent Authority for sanction of the subsidy within 15 days from the date of inspection.

6. Power to Sanction Subsidy.

- The competent authority for sanctioning subsidy will be Director of Tourism, Rajasthan, Jaipur or any other officer/Agency so authorised by the Government. Competent Authority will sanction or reject the claim, as the case may be, within 45 days from the date of the receipt of the claim.

7. Condition for Grant of Subsidy.

- (i) The unit shall give a declaration in the prescribed proforma alongwith the application that the Diesel Generating Set so purchased and installed, for which subsidy is claimed from the Government, shall not be transferred from the premises of the unit to any other place or person within a period of 5 years from the date of its purchase without the permission of the Director or/and Government that the power so generated shall be used for its own manufacturing or lighting purposes.

(ii)The unit availing subsidy under these regulations, shall allow the Director or the Accountant General, Rajasthan or any person authorised by the Government or the Director/Accountant General to inspect its working and books of accounts at all reasonable time and for that purpose; shall extend all reasonable facilities,

(iii)The unit shall execute a bond as per Annexure II with the Department for disbursement of the subsidy.

8. Method of Payment.

- (i) The sanction will be issued in the form as per Annexure-III by the competent Authority.

(ii)On receipt of sanction, the applicant unit will submit a bill of claim for subsidy in G.A. Form No. 118 to the Director of Tourism or the nominee of Director of Tourism for countersignature and draw the amount from the Treasury.

9. Recovery of subsidy under certain conditions.

- The amount of subsidy paid to the tourism unit shall be recoverable in any one or more of the following cases:-

(a)If the tourism unit to which the subsidy has been paid goes out of operation within 5 years from the date of payment of subsidy.

(b)If the party fails to take reasonable precautions for the safety of Diesel Generating Set against loss or damage by fire, accident or theft by means of insurance etc. or fail to maintain the same in good working condition within the period of five years from the date of disbursement of subsidy.

(c)If the party is found to have obtained the subsidy by false representation of facts.

(d)If the party sells, transfers, hypothicates or in any way shares the use of the generating set with any other persons or tourism units or uses the generating set for purposes other than the tourism unit is operations in the specified premises within the above stipulated period of five years.

(e)If the party does not submit a declaration by the end of each financial year in the form prescribed by the competent authority regarding the maintenance of Generating Set for operation in its unit.

(f)If the party commits breach of any of the conditions of sanction/Bond.

In the event of any one or more of the above cases, the amount of subsidy actually paid shall be recoverable with penal interest @ 15% per annum as arrears of land revenue.

10. Power of Interpretation.

- Where any dispute arises with respect to interpretation of any cause of the regulations or where any difficulty arises in the implementation thereof, the Government of Rajasthan in the Industries Department shall be the competent authority to issue necessary clarification, instruction or guidance in this regard which shall be final.Annexure I(Rule 5)Application Form for Grant of Subsidy for Purchase of Diesel Generating Sets

1. Name of the applicant unit

(a)Address:

2. Name of the applicant and his status in the unit.

3. Tourism unit Registration No. and date.

4. Details of the activity for which registered.

5. Details of the Diesel Generating Set equipment and other electrical accessories purchased for which subsidy is claimed.

(a)S. No.

(b)Name of the equipment accessories etc.

(c)Name of the Supplier.

(d)Bill No. and date (enclosed copy)

(e)Amount.

(f)Payment receipt No. & date (enclosed copy)

(g)Subsidy claimed.

6. Licence No. & Date from the Rajasthan State Electricity Board to set up Diesel Generating Set.

(Note.-Please enclosed certified copy of the licence).

7. State whether there are any State Government dues outstanding against the Applicant/unit.

8. (a) State whether any other application has been submitted or subsidy sanctioned to the applicant.

(b)If yes, the details of previous application if any submitted by the applicant for grant of subsidy amount.

I/we hereby certify that the particulars given to the best of my/our knowledge and belief are true and correct and no material fact has been cancelled or withheld.Place:Dated:.........................Signature of ApplicantDesignationAnnexure II(Rule 7)Bond(Under the Rajasthan Grant of subsidy for purchases of Diesel Generating Sets Regulations, 1994)This Bond is made on this.................. day of..... 19.........by.....(hereinafter referred to as the grantee of the one part) in favour of the Governor of Rajasthan (hereinafter referred to the State Government) of the other part.Whereas the grantee has applied for the grant of subsidy of Rs.....(Rupees ............. in words) only under the Rajasthan Grant of Subsidy for purchase of Diesel Generating Set Regulations, 1994.And whereas the competent authority under the said regulation has agreed to granting the said subsidy on the terms and conditions hereinafter contained.Now, therefore, in pursuance of the said agreement and in consideration of the said amount of Rs. .... (Rupees..... in words) only to be paid by State Government to the grantee hereby covenant and bind himself to the State Government as follows:-

1. That the Diesel Generating Set for which the said subsidy is to be paid by the State Government shall not be shifted to any other place or premises or transferred to any other person within a period of five years, without prior permission of the Director of Tourism.

2. That the Grantee shall use the power generated by the said Diesel Generating Set exclusively in his own factory/unit will keep in proper working condition and shall maintain the set properly.

3. That the Grantee shall allow Director of Tourism or the Accountant General, Rajasthan or any person authorised by the Government or the Director of Tourism & A.G. Set to inspect the working and accounts of the industry/unit at all reasonable time and for that purpose shall grant all reasonable facilities.

4. That the Grantee shall not store or discontinue production in the industrial/Tourism unit for which the subsidy is granted within a period of 5 years after the receipt of the subsidy and after the commencement of production except in cases when it remains out of the production for short periods extending not beyond 6 months due to reasons beyond its control such shortage of raw material, power etc.

5. That in case it is found that the grantee has given some false incorrect or incomplete information or the grantee has gone out of production within 5 years from the date of production or has committed any breach of any of the production or has committed any breach of any of the convents, as mentioned above, or any of the provision in the Rajasthan Grant of subsidy for purchase of Diesel Generating Sets Regulations, 1994, the disbursing authority after according an opportunity of being heard shall be empowered to recover the whole amount of subsidy paid to the grantee with 15% interest p.a. from the date of payment of subsidy. This amount shall be recoverable as an arrear of land revenue under the Land Revenue Act 1956/dues of the State Financial Institutions.

6. That case it is found out by the Director that the grantee has committed any breach of the conditions mentioned above or subsequently incorporated in the Regulations, the Director after giving him an opportunity to be heard shall be empowered to recover the whole amount of subsidy paid to him together with 15% p.a. interest from the date of payment of subsidy. This amount may be recovered as an arrear of land revenue in accordance with the provisions of Rajasthan Land Revenue Act, 1956 dues of State Financial Institutions etc.

7. That the stamp duty, if any, payable in respect of this bond shall be payable by the grantee.

In Witness whereof the bond is hereby executed and signed by the grantee on this day here in above mentioned.Signature of the GranteeName:Status:Name of the Industry/unitWitness No. 1(with address)Witness No. 2(with address)Annexure III(Rule 8)Directorate of Tourism, Rajasthan, JAIPUR'Paryatan Bhawan'West Wing,Government Hostel,M.I. Road, JaipurNo.Dated:OrderSanction is hereby accorded for the payment of Rs.....(Rupees in words...........) only to M/s............on account of subsidy for the purchase of Diesel Generating Set under the Rajasthan Grant of Subsidy for Diesel Generating Sets Regulations, 1991.The expenditure is chargeable to head................This sanction is valid upto 31st March...............Director of TourismRajasthan, Jaipur/Competent Authority.

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