Section 21 in Jharkhand Industrial Area Development Authority Regulations, 2016
21. Execution of Lease Deed and Transfer of Leasehold Rights.
- i. That allottee shall get the lease deed executed by Jharkhand Industrial Area Development Authority and registered within a period of three months from the date of taking possession of the land. That the status of the unit over the allotted land shall be that of a licensee until execution and registration of the lease deed.ii. The Chief Executive Officer of the region may consider the request of an Entrepreneur/lessee for whose unit EM-II/PMT/SSI PMT/DOP has been issued either running or sick or closed, for the transfer of leasehold rights of the schedule property in favor of a new Entrepreneur as identified by the lessee during the currency of lease, subject to the following conditions :-(a)The lessee is not holding any dues to authority and shall submit NOC from financial institutions for which Authority has accorded permission/no objection for mortgage or the lessee has pledged lease deed with any financial institution.(b)The new entrepreneur to whom the lessee wants to transfer the leasehold right must have a viable/feasible/implementable project, duly approved by PCC to be executed on the available plot of land.(c)If at any stage, stake holding/ownership interest of proprietor/ promoter/ 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 Jharkhand 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 Chief Executive Officer of the region. 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.
