Ease of Doing Business EoDB) portal · STANDARD OPERATING PROCEDURE FOR ALLOTMENT OF LAND/ SHED 1....

STANDARD OPERATING P ROCEDURE FOR ALLOTME NT OF LAND / SHED

1. The details of land parcels/ plots/ sheds/ space within constructed build ings –

available for allotment – would be listed, tabulated and geo-tagged. This database shall be made

available on Ease of Doing Business (EoDB) portal and websites of various agencies [i.e.

Industrial Development Corporations (IDCs) and the Commissionerate of Industries &

Commerce (C–I&C)]. The databases hosted by EoDB portal and the websites concerned would

be hyperlinked to one another, and synced on a regular basis. These databases would thus be

integrated and together form a comprehensive mega-database – representing the Industrial Land

Bank and accessible from all the websites.

The Agencies would update their respective databases, and sync them with the EoDB

Website, on a monthly basis [and eventually – on a real-time basis automatically].

2. Any entrepreneur requiring – (i) land within the Industrial Estates, Integrated Industrial

Development Centres, Industrial Growth Centres or Industrial Areas; or (ii) constructed sheds or

space within constructed buildings therein – in the State of Assam for the setting up of an

Industry would:

(1) Access the EoDB Website,

(2) Select the Agency concerned,

(3) Select the parcels of land/ shed/ space within industrial building – giving preference, and

(4) Proceed to the link for applying online in the EoDB website.

N.B.: EoDB website can be approached from hyperlinks placed in the Industries Department,

IDCs, and Investment Cell Websites.

3. The application form can be submitted online through EoDB portal

(https://easeofdoingbusinessinassam.in/)

4. Information to be entered in the online application form:

• Company Profile and Details of the Promoters

• Entrepreneur Memorandum (EM-1/ EM-II/ IEM) – as applicable

• Photo ID and Address Proof of the Applicant

• PAN Card and ADHAR Card Details of the Applicant

• Whether Mortgage of Lease-Hold Rights is sought for raising Capital from Bank/

Financial Institution.

5. Documents to be uploaded along with the application:

• Techno-Economic Feasibility Report/ Project Profile

• Appraisal by Bank/ Financial Institution for availing financial assistance.

• Plant Layout – indicating the area for installation of machinery, space for raw material/

finished products, generator set, utility services, etc.

• Last 3 (Three) Years Balance Sheets of the Enterprise (in case of existing unit)

• Solvency Certificate from Bank/ Financial Institution (in case of a new unit).

6. Requisite Fees needed to be paid online:

• Processing Fee of 1% of the Total Value of the Land;

• Security Deposit of 5.00 per Sq. Metre to be adjusted with the rent or development

charges.

• 10% of total Development Charges to be paid with application as advance.

https://easeofdoingbusinessinassam.in/

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N.B.: (1) Processing Fee is not refundable.

(2) Security Deposit paid on Renting/ Leasing of land is not interest bearing and

adjustable or refundable only if it fulfils criteria after allotment of land.

(3) Start-Ups, as defined in the Assam Start-Up Policy 2017, registered on MASI

shall be exempted from paying any Processing Fee or Advance of

Development Charges.

(4) The advance on Development Charge is not interest bearing & refundable if

not allotted land.

7. On receipt of application forms, an Auto-generated Receipt/ Acknowledgement Letter would

be given online to the Applicant.

8. Placement before Land Allotment Committee

• Proposal will be placed in State Level Committee for Land Allotment of the Corporation/

PSU which is headed by Chief Executive of concerned Corporation/ PSU if the area of the

land required for allotment is 5 acres or less

• For allotment of land above 5 acres, the application will be placed in the State-Level Land

Allotment Committee, which is headed by the senior-most Secretary of the Department of

Industries and Commerce.

9. Based on the Land Allotment Guidelines, the Land Allotment Committees would approve or

reject the application for land allotment.

10. If there are multiple claimants of one particular plot, the land Allotment Committees may select

any one on the basis of most suitability.

11. Auction: Some land parcels/ industrial infrastructure may be identified beforehand by the

Corporation/ PSU/ Agency concerned – where the land/ shed/ space allotment shall be made by

auction. When these plots/ sheds/ spaces are put up for auction, the minimum threshold value for

the auction shall also be decided upon by the Corporation/ PSU/ Agency concerned. Only the

eligible applicants would be allowed to participate in the auction, the eligibility criteria will be

notified by the Corporation/ PSU/ Agency concerned. The Bid Process would be opened for a

limited period. Wide publicity would be given to ensure maximum participation, and thereby

highest possible bid value.

12. Once the approval is accorded by State Level or Corporation/ PSU/ Agency Level Land

Allotment Committee, the respective Corporation/ PSU/ agency would issue the Letter of

Intimation along with Notices for Payment and Checking of Original Documents.

In case of rejection or non-selection at any level, the respective corporation/ PSU/ agency

would issue a Letter of Intimation accordingly.

The letters and notices shall be sent online to the email id entered by the applicant; while

an sms message shall be sent immediately – intimating about the same – to the mobile number

entered by the applicant through an sms gateway provider.

The Letter of Allotment/ Intimation of Rejection would be given to the applicant within

two weeks from the date of application marked by auto-generation of receipt.

13. After satisfactory checking of original documents, and payment of remaining development fees,

the lease agreement deed would be executed between AIDC [or any other IDC (i.e. AIIDC/

ASIDC), PSU or Commissionerate of Industries & Commerce] & the applicant within 1 (one)

week from date of issuance of the Allotment Letter.

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14. After execution of other necessary formalities, the applicant is given possession of the Land

within 1 (one) week.

15. MD of the concerned agency may also consider to allot the land on receipt of the value of the

land in advance, and being satisfied about the genuineness of the Promoter/ Company and

viability of the Project in anticipation of the approval of the Land Allotment Committee. Such

allotments shall be made in exceptional cases only, where there is no application is pending for

that plot of land or the land is ideal for a long period. The quantum of land allotment will be

based as per guidelines of the land allotment as in normal cases.

16. Cancellation of Allotment –

The allotment of land/ shed/ space to any private investor may be cancelled in case of:

• Failure to pay the requisite recurring maintenance charges and other fees (if any) regularly;

• Failure to start industrial activity within the stipulated time as mandated by allotment order;

• Violation of any of the terms and conditions of allotment by the investor; and

• Discovery of false claims, false declaration or other wrong doing during the allotment process

and/ or any Order to that effect from any competent Court.

17. The allottee may also relinquish the allotment, and hand over the land free from all

encumbrances.

18. Refunds: In case of cancellation of lease deed, if the allottee makes a request for refund of fees

paid; the same shall be considered by the allotting authority i.e. State Level Committee for land

allotment [viz. Industrial Development Corporations (IDCs) and the Commissionerate of

Industries & Commerce (C–I&C)] as follows –

1. If any applicant makes a request for refund of advance paid by him withdrawing his

application before Letter of Allotment is issued, full advance shall be refunded only. The

Processing Fee is non-refundable.

2. If the application for allotment could not be considered for want of vacant plots/ sheds, full

advance, security money shall be refunded.

3. If the Letter of Allotment for premises is issued but the allottee fails to comply with the terms

and conditions of allotment and consequent to cancellation, the security money will be

forfeited.

4. In case, power supply is obtained by the allottee, before any refund is considered, a "No Dues

Certificate" and "Dismantling Certificate" from APDCL or any other power distribution

company in operation shall have to be submitted.

5. In case, the allottee had mortgaged his lease-hold rights to any bank or financial institution

for securing loans; then the allottee has to free that lease-hold rights by providing other

collaterals before any refund can be considered.

19. Relinquishment: The Industrial house after getting allotment of land and created some

infrastructure for the allotted purpose may also relinquish the allotted land to Corporation/ PSU

agencies, if they are not interested to continue their business in the industrial area etc. In that case

following steps will be taken to give a fair value of the immovable infrastructure created in the

allotted premises.

The following steps will be taken by agencies while allotting the land to new entrepreneurs:

1. Valuation of the immovable assets to get a fair value/ over and above the value expected

by the industrialists.

2. Valuated value will be the base price for immovable infrastructure, below which the

assets will not be allotted to entrepreneurs.

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3. Agencies will determine the administrative costs, costs of valuation etc. during recovery

process and the same will be deducted from refundable amount to the industrialist who

relinquishes the land and assets.

Annexures:

Annexure A: Detailed Guidelines for Selection by the Selection Committee –

along with Timelines for Different Processes

Annexure B: Online Application Form

Annexure C: Format of Allotment Letter, Notice for Payment of Residual Fees

and Checking Original Documents, and Letter of Intimation

Annexure D: Format of Lease Agreement of the allotted land

Standard operating procedure for allotment of land/ shed Time line

SL

No

Particulars Time line

1 Online fling and submit the Application successfully by the

Companies/ Firms, along with requisite Fees as per the Land

Allotment Guidelines.

0 (Zero) date

2 Application received 0 (Zero) date

3 Checking and Scrutiny of the application by the concern agencies.

7 (Seven) working days from

the date of application

4 If any paper missing / required during securitizing period, inform the

Company/ firms and the Company/ firms will have to submit the

documents/ necessary papers via online or offline for further

processing/ examine by the Department for Allotment of Land.

5 Proposal will be placed in State Level/ Land Allotment Committee for

Land Allotment of the Corporation/ PSU which is headed by Chief

Executive of concerned Corporation/ PSU if the area of the land

required for allotment is 5 acres or less

AND

For allotment of land above 5 acres, the application will be placed in

the State-Level Land Allotment Committee, which is headed by the

senior-most Secretary of the Department of Industries and Commerce.

7 (Seven) working days after

fulfilment of all the criteria as

per rule.

6 Based on the Land Allotment Guidelines, the Land Allotment

Committees would approve or reject the application for land allotment

7 (Seven) working days after

fulfilment of all the criteria as

per rule.

7 Once the approval is accorded by State Level or Corporation/ PSU/

Agency Level Land Allotment Committee, the respective

Corporation/ PSU/ agency would issue the Letter of Intimation

along with Notices for Payment and Checking of Original

Documents.

7 (Seven) working days

8 In case of rejection or non-selection at any level, the respective

corporation/ PSU/ agency would issue a Letter of Intimation

accordingly.

The letters and notices shall be sent online to the registered email id

entered by the applicant; while an sms shall be sent immediately –

intimating about the same – to the mobile number entered by the

applicant through an sms gateway provider.

The Letter of Allotment/ Intimation of Rejection would be given to

the applicant within two weeks from the date of application

marked by auto-generation of receipt.


the date of application marked

by auto-generation of receipt.

9 After satisfactory checking of original documents, and payment of

remaining development fees, the lease agreement deed would be

executed between AIDC [or any other IDC (i.e. AIIDC/ ASIDC),

PSU or Commissionerate of Industries & Commerce] & the applicant

within 1 (one) week from date of issuance of the Allotment Letter.


the date of issuance of the

Allotment Letter.

10 After execution of other necessary formalities, the applicant is given

possession of the Land within 1 (one) week.


the date of execution of lease

agreement of land / shed.

(Page of EODB)

EASE OF DOING BUSINESS

INDUSTRIES AND COMMERCE DEPARTMENT, GOVT. OF ASSAM

(Or can directly go to the website of I& C, Govt. of Assam)

(Applicant will select Agency

accordingly the agency page

will be opened up where the

registration link will be

available)

( Link )

APPLICATION FOR LAND / SHED

STANDARD OPERATING

PROCEDURE FOR ALLOTMENT

OF LAND / SHED

LAND BANK DETAILS

APPLICABLE RATES FOR ALLOTMENT OF LAND/ SHED AT DIFFERENT

LOCATIONS

� ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD. (AIDC)

� ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT

CORPORATION (AIIDC) LTD.

� ASSAM SMALL INDUSTRIAL DEVELOPMENT CORPORATION LTD.

(ASIDC)

� ......................

� ......................

* (Applicant can view applicable rates of land by

visiting respective Corporations)

REGISTRATION (For New User)

LOGIN (For Existing User)

(Next page)

FORMAT OF LEASE

AGREEMENT

LAND MANAGEMENT RULE FOR

INDUSTRIAL AREAS

� ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD. (AIDC)

� ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION

(AIIDC) LTD.

� ASSAM SMALL INDUSTRIAL DEVELOPMENT CORPORATION LTD. (ASIDC)

� ......................

APPLICANT USER REGISTRATION

Note: * Indicates mandatory fields

* First Name Mr

(Mr./ Mrs./ Ms.) (Enter First Name)

Middle name (Enter Middle Name)

* Last Name (Enter Last Name)

* Name of Company / Firm

*Address of registered office

Land Line Number

* Mobile Number (For Receiving SMS)

* Email ID (For Receiving Emails)

* User ID

* Password (Password length should

contain minimum 6 letters

with at least 1 upper case

letter and 1 numeric)

* Confirm Password

* (After submission of Applicant User Registration, a registration number will be auto generated

which will be sent to registered mobile number and email id provided by the applicant which

should be used for further submission of application form after Login)

Submit Reset

APPLICANT LOGIN

If you have not yet registered with us then please click here for new Registration

Forgot Password?

Enter User Id or Email Id

Password

Login Reset

Time: (Reflected automatically)

Date: (-do-)

Welcome................................................

Application

Form

Details of

Company/

Firm

Upload

Documents

Self

Declaration

Payment Letter of

Acknowledge

ment

Note: All fields are mandatory

Name of the Company/ Firm (Automatically reflected after registration)

Address of registered office (Automatically reflected after registration)

Mobile Number (Automatically reflected after registration)

Name of Agency (Automatically reflected)

Name of Industrial

Estate/Industrial Area/etc.

where shed/Land is required

(Applicant should select whichever

is applicable)

IIDC Nalbari

IIDC Malinibeel

IIDC Naltali/ Bhomoraguri

IIDC Dalgaon

IIDC Demow

IIDC Silapathar For the case of AIDC.

IIDC Titabor

EPIP

IGC Balipara

IGC Matia

Requirement of Space for

(in Sqm.)

Open Covered

Nature of proposed Industry (Whether engineering/Chemical/Textile/Leather/Glass/Plastic etc)

Built up Area/ Covered Area

Proposed utilization for Production

Shed

Proposed utilization for Godown

Proposed utilization for Office

Any other details

Total Project Cost

Means of Finance

Proposed investment in Plant & Machinery Working Capital

Proposed list of Machinery &

equipment

Item &

Specification

......

.......

HP/KE Rating

of Motors

......

.......

Price (Approximate)

......

.......

Debt Service Coverage ratio

Internal Rate of Return

Payback Periods

Name of Product to be

manufactured

Installed Capacity

Proposed annual consumption of

Major Raw Materials:

Item & Specification

......

.......

Quantity

......

......

Approximate Value

......

.......

Proposed Production Capacity/ day

Number of Shift

No. of Workers to be Engaged

Proposed Export

Expected Date of Construction

Expected Date of Production

Category of Unit


is applicable)

Micro

Small

Medium

Large

Special category, if any

(Supporting Document to be

attached with Project Profile)

General/ OBC

SC/ ST

Physically Handicapped

Women Entrepreneur

Power Requirement (in KW)

Consumption electrical units per

month

Proposed requirement of Water/day

(in KL)

Effluent Problem, if any


is applicable)

Yes

No

Effective steps taken to start the

unit

......

......

Save Submit


Date: (-do-)

Welcome................................................

Application

Form Details of

Company/

Firm

Upload

Documents

Self

Declaration

Payment Letter of

Acknowledge

ment

Note: All fields are mandatory

Constitution of the Company/ Firm


is applicable)

Proprietorship Firm/

Partnership Firm/

Private Ltd. Company/

Public Ltd. Company

Details of Registration/

Entrepreneurship Memorandum

Incorporation of Firm/ Company

PAN of Firm/ Company

(Mandatory for Private/ Public Ltd.

Company)

Category of Firm/ Company

Proprietorship Firm

(If the applicant has selected

proprietorship firm)

(Name of Proprietor) (PAN/ ADHAAR)

(Add row if required)

Partnership Firm



(Name of

Promoter/

Director )

(PAN/

ADHAAR)

Phone No. Email Id Shares

(Name of

Promoter/

Director )

(PAN/

ADHAAR)



Private Ltd. Company



(Name of

Promoter/

Director )

(PAN/

ADHAAR)


(Name of

Promoter/

Director )

(PAN/

ADHAAR)



Public Ltd. Company (Name of President/ Vice

President/ Director)

(PAN of Company)

Background of Promoters/

Directors On academic lines On professional lines


Submit Save


Date: (-do-)

Welcome................................................

Application

Form

Details of

Company/

Firm

Upload

Documents

Self

Declaration

Payment Letter of

Acknowledge

ment

* All the pages of the documents to be uploaded should be signed by the authorised signatory.

The authorisation letter should be attached.

PAN Card and Photo ID Proof (Upload Document)

Address Proof of the Applicant (Upload Document)

Techno Economic Feasibility Report/ Project

profile

(Upload Document)

Appraisal by Bank/ Financial Institution for

availing financial assistance

(Upload Document)

Plant layout indication the area for

installation of machinery/ Space for raw

material/ finished products/ generator shed/

utility service etc.

(Upload Document)

Last three years Balance Sheet of Enterprise

in case of existing Unit

(Upload Document)

Solvency Certificate from Bank/ Financial

Institution in case of new unit

(Upload Document)

Any other relevant document (Upload Document)

* (All documents to be uploaded in PDF format)

Save Submit


Date: (-do-)

Welcome................................................

Application

Form

Details of

Company/

Firm

Upload

Documents Self

Declaration

Payment Letter of

Acknowledge

ment

To

The Managing Director,

AIDC Ltd. / AIIDC Ltd. / ASIDC Ltd.

Sir,

1. I/We have read the Rules & Conditions of allotment in Industrial Areas of AIDC/ AIIDC/

ASIDC together with the forms thereof.

2. I/We, the undersigned, hereby offer to take on 30 (thirty) years Lease the Plot of land

measuring as stated on the terms and conditions set out in the AIDC/ AIIDC/ ASIDC

Land Management Rules and offer to enter into Lease Agreement (approved by Govt.

of Assam) with you in respect of the said Plot.

3. The Lease will commence from the date from which the allotment of the Plot is made to

me/us and the obligations and liabilities under the Lease Agreement will be deemed to

have commenced from that date.

4. I/We have filled up the Online Application form giving necessary information in respect

of my/our industry.

5. I/We hereby agree to pay the Ground Rent and Service Charges fixed by the Corporation

within 90 (Ninety) days from the date of Allotment Letter and the Ground Rent and

Service Charges as revised by the Corporation from time to time every year in advance,

before the 30th

April and 31st July respectively of that year.

6. Payment:

I/We hereby agree to pay necessary payments towards amount of Security Deposit and

10% amount of Development Charges (Security Deposit calculated @ of Rs.5.00/- per

Sq. mtrs. or part thereof and Processing Fee of 1% of the total value of land) in favour of

concerned agency for the performance of the terms and conditions herein.

7. I/We understand that no interest will be payable on the amount of Security Deposit and

10% Development Charges.

8. Should I/We fail to execute and complete the Lease Agreement within 1 (one) week from

the date of allotment letter or within such extended period as you may permit, the

Corporation will be at liberty to forfeit the Security Deposit, cancel the allotment of Plot

without prejudice to all other rights of the Corporation.

9. I/We assure that no pollution/effluent in any form (solid, liquid, gas) shall be emitted

from my/our allotted Plot and if I/we do not observe this prohibition then Corporation

shall be at liberty to take over the demised premises with all assets therein and cancel the

allotment of the Plot without prejudice to all other rights of the Corporation.

10. I/We also agree to the effect that the Corporation shall be at liberty to dispose of the

taken over assets by way the Corporation understands suitable and I/We shall accept the

sale proceeds after reducing all type of expenditure incurred and penalties imposed by the

Corporation if any, from the amount realized on disposal of assets.

11. I/We hereby agree to pay the Special Maintenance Charges fixed or revised by the

Corporation from time to time any other charges levied by the Govt. in addition to

Ground Rent and Service Charges.

12. I/We shall pay all costs, charges and expenses of the Corporation and incidental to the

preparation, execution and completion to the Land Lease Agreement and of the lease,

including costs of all correspondence with you or otherwise, Stamp Duty, Registration

Charges and other outgoing and costs of supplying one additional Copy to the

Corporation.

13. The Managing Director, AIDC/ AIIDC/ ASIDC or any other Officer authorized by the

Corporation will be acting on its behalf for the purpose of this Application and its

acceptance and for all purpose(s) connected with the preparation and execution of the

Land Lease Agreement.

14. Any Notice, Letter or Communication or Intimation addressed to me/us at the following

address will be deemed as valid for all purposes.

15. I am/we are willing to accept any Plot which is allotted to us by the Corporation.

However, if the Area applied for by me/us is changed, I/We have the option to reject the

offer within a week from the date of issue of Allotment Letter.

16. I/ we do hereby accept that, I/ we will deposit further balance amount as per the Land

Allotment rule, if my/ our online application is accepted by the Land Allotment

Committee.

Declaration: I/ We have read and accepted all the terms and conditions as stated above

and agree to pay the necessary amount for my application of land.

Agree and Submit


Date: (-do-)

Welcome................................................

Application

Form

Details of

Company/

Firm

Upload

Documents

Self

Declaration Payment Letter of

Acknowledge

ment

Name of Agency (Automatically Reflected)

Name of Firm/ Company (Automatically Reflected)

Phone Number (Automatically Reflected)

Registration Number (Automatically Reflected)

Land Requirement (Automatically Reflected)

Amount

* 10 % of total Development Charges (Automatically calculated by the system )

* Security Deposit: Rs. 5.00 per Sqm. (Automatically calculated by the system )

* Processing Fees of 1 % on total value of land

(*A new page for payment will be open up)

Pay

Total Amount to be paid: Rs. (Automatically Calculated)

Cancel

Payment Gateway

Auto generated Payment Receipt

Name of Agency

Name of Firm/ Company

Phone Number

Registration Number

Land Requirement

Paid Amount

Transaction ID

Transaction Time

Date

Auto generated Payment Receipt

(Automatically Reflected)

Name of Firm/ Company (Automatically Reflected)









Date: (-do-)










Print



Date: (-do-)

Application

Form

Details of

Company/

Firm

Upload

Documents

Self

Declaration

Payment Letter of

Acknowledge

ment

Dear............................,

We hereby acknowledge the receipt of your Application of land measuring ........................ Sqm.

at .................................... along with payment of Rs. ...........................................

Your application will be further examine by the Department for Allotment of Land.

Thanks and Regards

AIDC/ ASIDC/ AIIDC (Concerned agency automatically reflected)

(This is system generated statement hence does not require signature)

Print

Letter of Intimation, if online application proposal of applicant is accepted by the State Level

Land Allotment Committee

Dear............................,

Your online Application bearing Registration Number ....................... (Automatically

Reflected by the system) has been provisionally accepted. You are therefore, requested to

deposit the balance requisite Fees and complete other formalities as per the Land Allotment

Guidelines, for further examine your application by the Department for Allotment of Land.

Thanks and Regards



Print

Letter of Intimation, if online application proposal of applicant is rejected by the State Level

Land Allotment Committee

Dear............................,

We regret to inform you that your online Application bearing Registration Number ..............

(Automatically Reflected by the system) has been rejected by the State Level/ Land

Allotment Committee for Land Allotment as you have not fulfilled the criteria as per land

Management Rule. You may apply to Agency/ Corporation for refund of your deposited fee.

Thanks and Regards



Print

Allotment letter after acceptance of the Online Application Form

by the Land Allotment Committee.

Date (Automatically reflected)

To

M/s …………………………….. (Automatically reflected)

………………………………….Address (Automatically reflected)

………………………………….

Sub: Allotment of land/ Shed at………….(Automatically reflected)

Dear Sir,

The Corporation is pleased to provisionally allot you land measuring …………. sq. meter

at ………………………….Centre/ Estate / Park, ……………, ……………. District (Assam) on

30 years lease basis as per the terms & conditions as stipulated in the AIDC/AIIDC/ASIDC Land

Management Rules, 2010 for setting up of a ……………………………. unit subject to the

following:

1. You shall have to obtain “No Objection Certificate” from the Pollution Control Board

within 3 (three) months from the date of allotment or the date of taking over possession

of the land whichever is earlier.

2. You shall have to submit an undertaking on a Non Judicial Stamp Paper of value Rs.

32.00 (Rupees thirty two) only that you will not deviate from the product mix and

manufacturing process for which the land is allotted.

3. You shall have to execute lease agreement between AIDC/AIIDC/ASIDC within 7

(seven) working days from date of allotment of land failing which the allotment shall

be treated as cancelled.

4. You shall have to take possession of the land within 7 (seven) working days from the

date of execution of land lease agreement failing which the allotment shall be treated

as cancelled.

5. You shall have to pay Annual Ground Rent and Annual Service Charge before handing

over possession of land.

6. Post dated cheques towards payment of Special Maintenance Charge for 1 (one) year to

be deposited before handing over possession of land.

7. Name of the Banker & Solvency Certificate of the unit is to be submitted before handing

over possession of land.

You are requested to submit the signed Land Lease Agreement for execution along with

incidental, stamped, registration charges etc. as per proforma approved by the Govt. of Assam

for Industrial areas within 1 week from the date of issue of this letter failing which this allotment

letter issued to you shall be treated as cancelled without further reference to you.

Thanks and Regards


This is a system generated message hence no signature required.

1

DRAFT LEASE AGREEMENT FOR LAND

THIS LEASE AGREEMENT is made on the .............. day of................... Guwahati, Assam

- BETWEEN -

(AIDC Ltd. / AIIDC Ltd. / ASIDC LTD. /....................), A Govt. of Assam Undertaking established

under Company’s Act 19..........., having its Registered / Head Office at

......................................................................., represented herein by its authorized representative

................................. hereinafter referred to as LESSOR / FIRST PARTY (which expression shall

unless the context does not so admit includes its successors and assigns) of the ONE PART.

-AND-

M/s ................................................., a proprietorship firm/ partnership firm/ private limited company/

public limited company established under ................................................, represented by authorized

representative ........................................ son of ........................... having its head office at

......................................, (hereinafter referred to as the LESSEE / SECOND PARTY which expression

shall unless the context does not so admit, include his heirs, its executors, administrators, legal

representatives and permitted assigns successors and permitted assigns) of the OTHER PART.

WHEREAS, the Govt. of Assam handed over the land at ................................................... under

..................... Revenue Circle, District- ............................., Assam measuring ..................... Sqm. to the

Lessor / First Party (AIDC Ltd. / AIIDC Ltd./ ASIDC Ltd./ .....................) for the purpose of setting up

IIDC/ IGC/ Park/ ............................ Project at ....................... and the said Lessor / First Party sub-

divided the above land into plots for setting up Industrial Units for leasing out such sub-divided plots to

Industrialists / Entrepreneurs for erecting on each Plot the Factory according to the Factory Bye-Laws

and Building plans approved by the proper Competent Authority.

WHEREAS, the LESSEE / SECOND PARTY has applied to the AIDC Ltd. / AIIDC Ltd./

ASIDC Ltd./ ....................., Assam for grant on lease a plot of land/ factory shed/ or building/ or part of

building for starting an industry under the name and style of M/...................................., for

manufacturing / processing / servicing / repairing of .......................................

-AND-

WHEREAS, the (AIDC Ltd. / AIIDC Ltd./ ASIDC Ltd./ .....................) on the application made

by the LESSEE / SECOND PARTY, agreed to grant him on lease for occupation of plot land in the

IIDC/ IGC/ Park ......................, Assam as described in the schedule hereunder and under the terms and

conditions hereinafter set forth.

NOW THIS LEASE AGREEMENT WITNESSTH AS FOLLOWS:

(I) In pursuant to the Law / Rules and Regulation applicable for entering into the Lease agreement /

allotment of land etc. for the Lessor / First Party, this instant Lease agreement has been entered

into and as such, the above mentioned Law / Rules and Regulation will strictly adhere to the both

parties of this Lease agreement in all terms. Further, this Lease agreement would be treated as

the substitute agreement for the lease agreement, if so entered into earlier between the both

parties of this Deed. After execution of this instant agreement, the all earlier agreement, if so

executed between the parties, would be considered as invalid and non operational in law for all

purposes.

2

(II) In consideration of the covenant and agreements herein contained and on payment by Lessee /

Second Party amount of Rs. ................. (Rupees ................................) only towards the Annual

Ground Rent calculated @ Rs. 2.00 per sq.m. per annum, the receipt whereof the Lessor / First

Party hereby acknowledges, the Lessor / First Party doth hereby demise to the Lessee / Second

Party the plot of land described in the schedule below.

And which said plot of land is more clearly delineated and shown in the attached Plan and

therein marked red TO HOLD the said Plot of land (herein after referred to as “the demised”

premises) with their appurtenances unto the Lessee / Second Party for the specific term of 30

(thirty) years from the date of execution of this Lease agreement except and always reserving to

the Lessor / First Party and his successors or assignees.

a. A right to lay water mains, drains, sewers or electric wires under or over the demised premises, if

deemed necessary by the Lessor / First Party for developing the area.

b. Full right and title to all mines and minerals in and under the demised premises or any part

thereof.

c. Yielding and paying thereof unto the Lessor / First Party by 30th

day of April in each year in

advance the yearly rent. The Lessor / First Party reserves the right to revise the rate of Ground

Rent in every 3 (three) years. The quantum of rent determined by the Lessor / First Party shall

be final, conclusive and binding on the Lessee / Second Party and it shall not be questioned in

any court of law or otherwise.

d. The period of lease is renewable on expiry of 30 (thirty) years on satisfaction / payment of

Annual Ground Rent, Lease Premium and any other charges as applicable at the time of renewal.

e. When the Lessee / Second Party for the purpose of establishing or developing the industry on

the demised property, seeks to obtain loan from a bank or other Financial Institution by

mortgaging his lease hold interest on the demised property in favour of such Bank or institution,

prior permission for the same is necessary and will be given by the Lessor / First Party to this

effect, provided such mortgage does not affect the rights and powers of the Lessor / First Party

under this deed, in any manner.

f. In case of mortgage of such land to the Bank / Financial Institutions by the Lessee / Second

Party with prior permission of the Lessor / First Party for purpose of taking loan / Financial

assistances etc. The Bank / Financial Institutions will have a limited right to utilize the land till

expiry of lease period on failure of the Lessee / Second Party to settle the loan / financial

assistance only.

g. That while taking action to recover the dues, in the event of default in repayment of loan or

any other dispute between the Bank /Financial Institution and Lessee, the Bank /Financial

Institution shall have no authority or right upon the demised land itself.

h. That in the event of the Lessee’s failure and /or default to pay dues timely to the AIDC

Limited, the Corporation may resort to legal recourse and/ or resume back the possession in

terms of the Lease Agreement and the Lessee shall be bound to vacate the premises within(-----

-------------) months of the notice by removing plant & machineries, goods whatsoever installed

and / or stored in the premises and remaining hypothecated to the Bank to enable the AIDC

Limited to take vacant possession otherwise the AIDC Limited will remove all such installation

and /or goods and dispose it off at the Lessee’s account with due notice.

3

i. While availing loans from the Bank/ Financial Institution the Lessee and the Bank shall

execute necessary documents of shall have provision in their Loan Agreement between

themselves that in the event the said Lessee commits any default in making payment of the all

dues to the Lessor the AIDC Limited shall have first share in the amount recovered from the

auction of the plant and machineries by the Bank/ Financial institution.

j. In the event Lessee defaults on repayment of loan and the loan is identified as NPA by Bank/

Financial.

k. Institution, the Bank/ Financial Institution may suggest to re- allot the leasehold interest of

the plot/ shed for the remaining period to another applicant who is otherwise eligible to obtain

such land/ plot/ shed after fulfilling the norms of AIDC Limited and paying transfer fee and

other dues as per prevailing norms of AIDC Limited.

l. Under no circumstances, the right of ownership of the land will be transferred to any party

without prior approval of the Government in Revenue & Disaster Management Department.

m. The leased out land should be used only for industrial purpose. In case of transfer or ownership

of the Industrial Unit or taking over of the Industrial Unit by Bank or other Financial Institutions

also for remaining period of lease, the land can be used only for Industrial purposes.

n. The Letter of Allotment issued to the Lessee / Second Party for allotment of land shall be

treated as a part of this agreement.

NOW THE LESSEEE / SECOND PARTY BOTH HEREBY COVENANT WITH THE

LESSOR / FIRST PARTY / FIRST PARTY AS UNDER:

2.

a. That the Lessee / Second party will bear, pay and discharge all rates, taxes, charges and

assessment of every description which may, during the said term, be assessed, charged or

imposed in respect of demised premises or the Building to be erected thereupon which would be

decided by the Lessor / First Party from time to time.

b. The Lessee / Second party shall pay the Development Charges of the Plot calculated at the rate

prescribed by the Corporation for IIDC, Nalbari from time to time. The Lessor / First Party

shall reserves the right to enhance the rate of Development Charges, if the compensation payable

under an award is enhanced by any Competent Court subsequently or there is escalation in the

cost of development of the area otherwise.

c. That the Lessee / Second party will bear, pay and discharge all Service Charges, Special

Maintenance Charges, Road Maintenance Charges, Street Lighting Charges, Arboricultural

Charges and other Ancillary Services, required for the upkeep of IIDC/ IGC/ Park/

........................ which may during the said term be assessed, charged, levied or imposed by the

Lessor / First Party within stipulated time as indicated by the Lessor / First Party in due

course.

“The Lessor / First party reserve the right to revise the rate of Service charges and Special

Maintenance Charges from time to time and the decision of the Lessor / First party shall be

final, conclusive and binding on the Lessee / Second party and it shall not be questioned in any

court of law or otherwise.”

d. That the Lessee / Second party will obey and submit to the Rules of Municipal or other

competent authority now existing or hereafter to exist so far as the same relate to the immovable

property in the area or so far as they affect the health, safety, convenience of the other

inhabitants of the place.

4

e. That the Lessee / Second party will erect on the demised premises in accordance with the layout

plan, elevation and design to be approved both by the Lessor / First party and the

competent local authority in writing and in a substantial and workmen-like manner the Industrial

Units as aforesaid with all necessary out houses, sewers, drains and other appurtenances

according to the local authority’s rules and bye laws in respect of buildings, drains, latrines and

connection with sewers, and will commence such construction of main production shed within

the period of one year and will completely finish the same fit for use and start commercial

production within the period of 2 (two) years from the date of these presents or from the date

of possession, whichever is earlier or within such extended period of time as may be allowed by

the Lessor / First Party in writing at its discretion on payment of retention charges as

determined by the Lessor / First Party.

f. That the Lessee / Second party will keep the demised premises and the building thereon at all

times in a state of good and substantial repairs and in sanitary condition.

g. That the Lessee / Second Party will not make or permit to be made any alteration in or additions

to the said buildings or other erections for the time being on the demised premises or erect or

permit to erect any new building on the demised premises without the previous permission in

writing of the Lessor / First Party and the Local Competent Authority and except in accordance

with the terms of such permission and plan approved by the Lessor / First Party and the Local

Competent Authority and in case of any deviation from such terms or plan, will immediately,

upon receipt of notice from the Lessor / First party or the Local Competent Authority requiring

him so to do, correct such deviation as aforesaid, and if the Lessee / Second Party shall neglect

or not correct such deviation for the space in one calendar month after the receipt of such notice

then it shall be lawful for the Lessor / First Party, or the Local Competent Authority to cause

such deviation to be corrected at the expenses of the Lessee / Second party, which expenses the

Lessee / Second party hereby agrees to reimburse by paying to the Lessor / First Party or the

Local Competent Authority the amount which the Lessor / First party or Local Competent

Authority as the case may be shall fix in that behalf and the decision of the Lessor / First party

or Local Competent Authority as the case may be, shall be final.

h. That the Lessee / Second party will provide and maintain in good repairs a properly constructed

approach road or path alongwith the event across drain to the satisfaction of the Lessor / First

Party / Local Competent Authority leading from the public road / Corporation road to the

building to be erected on the demised premises.

i. That the Lessee / Second Party will not carry on or permit to be carried on the demises any

obnoxious trade or business whatsoever or use the same or permit the same to be used for any

religious purpose or any purpose other than for the Industrial purposes aforesaid without the

previous consent in writing of the Lessor / First Party and the Local Competent Authority and

subject to such terms and conditions and the Lessor / First Party / Local Competent Authority

may impose and will not do or suffer to be done, on the demised premises or any part thereof

any act or thing which may be or grow to be a nuisance, damage annoyance, or inconvenience to

the Lessor / First Party or Local Competent Authority or the Owner or Occupiers of other

premises in the neighbourhood.

j. The Lessee / Second Party shall have no right to transfer / sublet whole or part of the lease hold

interest. However, in the event of specific exceptional cases, the Lessor / First Party with the

prior approval of the State Government in the Industries and Commerce Department may allow

the Lessee / Second Party to sublet a portion of a lease hold interest (not exceeding 40%) under

certain terms and conditions as framed by the Lessor / First Party.

k. That Lessee / Second Party will permit the members, officers and subordinates of the Lessor /

First Party and workmen and other persons employed by them from time to time and at all

5

reasonable times of the day during the said term to enter into and upon the demised premises and

the buildings to be erected thereupon in order to inspect the same.

l. That the Lessee / Second Party will not make any excavation upon any part of the demised

premises (except for foundation of building and for leveling and dressing the area) nor remove

any stone, sand, gravel, clay, earth or any other materials therefrom.

m. That the Lessee / Second Party will not erect or permit to be erected on any part of the demised

premise any stables, sheds or other structures of any descriptions whatsoever for keeping horse,

cattle’s, dogs, poultry or other animals except and in so far as may be allowed by the Lessor /

First Party in writing.

n. That the Lessee / Second party will neither exercise his option of determining the lease nor hold

the Lessor / First Party responsible to make good the damage if by fire, tempest, flood or

violence of any army or a mob or other irresistible force, any material part of the demised

premises if wholly or partly destroyed or rendered substantially or permanently unfit for building

purpose.

o. That Lessee / Second Party shall construct and complete the said buildings and put the demised

premises with the buildings constructed thereon to use herein before mentioned within two

years from the date of this Agreement or from the date of possession of the said land is handed

over to it, whichever is earlier provided that the Lessor / First Party may at its discretion

extend the time herein before provided if in his opinion the delay is caused for reasons beyond

the control of the Lessee / Second Party .

Provided that unutilized land of the allotted plot or plots shall revert to the Corporation on the

expiry of the prescribed / extended period for starting production / expansion of the unit.

p. If during the terms of the lease agreement, the Lessee / Second Party or his workmen or

servants shall,

i. injure or destroy any part of building or other structure contiguous or adjacent to the plot

of land hereby demised.

ii. keep foundation tunnels or other pits on the demised land open or exposed to weather

thereby causing any injury or damage to contiguous or adjacent buildings, or

iii. dig any pits near the foundation of any building thereby causing any injury or damage to

such building, the Lessee / Second Party shall pay such damages thereof as may be

assessed by the Lessor / First Party (whose decision as to the extent of injury or

damage, or the amount of damages payable thereof shall be final and binding on the

Lessee / Second Party.

q. The Lessee / Second Party shall also abide by other terms and conditions as may be laid down

from time to time for IIDC/ IGC/ Park/...........

r. If the Lessee / Second Party, being a registered or unregistered Partnership Firm or a

Cooperative Society, is dissolved and no successor in interest is appointed with 60 (sixty) days

of its dissolution the Lessor / First Party shall be entitled to terminate this Land Lease

Agreement without approaching any Court of law.

s. The Lessee / Second Party shall not emit untreated effluent in any form (solid, liquid and gas)

from the allotted plot.

6

AND IT IS HEREBY FURTHER AGREED AND DECLARED BY AND BETWEEN THE

PARTIES TO THESE PRESENTS AS FOLLOWS:

3.

a. Notwithstanding anything, herein before contained if there shall have been in the opinion of the

Lessor / First party any breach by the Lessee / Second Party or by the person claiming

through or under him of any of the Covenants or conditions herein before contained and on his

part to be observed and performed in particular without prejudice to the generality of the sub-

clause, if the Lessee / Second Party transfers, relinquishes, mortgages or assigns any part of the

demised premises less than the whole or transfers, relinquishes, mortgages or assigns the whole

of the demised premises without the previous consent in writing of the Lessor / First Party as

herein before provided subject to the exception in Clause 2(j) or if the Lessee / Second Party

fails to commence and complete the building in the time and manner herein before provided or if

the amounts due to the Lessor / First Party as rent hereby reserved or any part of the premium

as stipulated in clause I or service charge and special maintenance charge as stipulated in Clause

2(c) shall be in arrear and any other unpaid for a period of 90 days after the same shall have

been demanded by the Lessor / First Party or if the Lessee / Second Party or the persons in

whom the terms hereby created shall be vested, shall be adjudged insolvent or if this Land Lease

Agreement is determined as herein before specified, it shall be lawful for the Lessor / First

Party subject to the provisions of this lease deed (without prejudice to any other right of action

of the Lessor / First Party in respect of any breach of this Land Lease Agreement) to re-enter

without taking recourse to a court of law upon the demised premises or any part thereof in name

of whole and thereupon this demise shall absolutely CEASE and determined and the money paid

by the Lessee / Second Party by virtue of these presents shall stand forfeited to the Lessor /

First Party without prejudice to right of the Lessor / First Party to recover from the Lessee /

Second Party all money that may be payable by the Lessee / Second Party hereunder with

interest thereon at 18% per annum and the Lessee / Second Party shall not be entitled to any

compensation whatsoever. Provided always that the Lessee / Second Party shall be at liberty to

remove and appropriate to himself all building erections and structures, if any made by him and

all materials thereof from the demised premises after paying up all dues, the premium and the

lease rent upto date and all municipal and other taxes, rates and assessments then due including

service charge e.g. conservancy charges and special maintenance charges and all damages and

other dues accruing to the Lessor / First Party and to remove the materials from the demised

premises within three months to the determination of the Lessor / First Party and in case of

failure on the part Lessee / Second Party to do so, the building and erection standing on the

demised premises and all materials there of shall vest in the Lessor / First Party and Lessee /

Second Party shall then have no right to claim for the refund of any money paid by him to the

Lessor / First Party unto that time or to claim any compensation for the structure and material

put up by him on the demised premises. Provided further and always the right of re-entry and

determination of the lease as herein before provided shall not be exercised if the industry at the

demised premises which has been financed by the State Government or Bank / Financial

Institutions as defined in the Public Financial Institutions Act or Scheduled Bank and the said

financing body or bodies remedy the breach within a period of 90 days from the date of notice

issued or served by the Lessor / First Party on the said financing institutions or institutions

regarding said breach or breaches.

b. All legal proceedings for breach of the conditions, aforesaid shall be lodged only before the

Court of law situated at Guwahati and not elsewhere.

c. Any loss suffered by the Lessor / First Party on a fresh grant of the demised premises for

breach of conditions aforesaid on the part of the Lessee / Second Party or any person claiming

through or under him shall be recoverable by the Lessor / First Party as per law applicable

thereto.

7

d. Any, notice required to be served hereunder shall be deemed to have been sufficiently served on

the Lessee / Second Party if served by Registered Acknowledgement Due Post and signed by

an officer of the Lessor / First Party and the services shall be deemed to have been made at the

time of which the registered letter would in the ordinary course be delivered even though

returned un-served on account of the refusal by the Lessee / Second Party or otherwise

howsoever. A notification of any decision by the Lessor / First Party shall also be served in the

same manner as prescribed above.

e. The Security deposit of Rs. 5.00 per Sqm. to be adjusted with the rent or Development

Charges.

f. The security deposit shall stand forfeited, whenever there is a breach of any condition contain in

the Lease Agreement. Those units for which Corporation is not insisting Security Deposit as

fixed at the time of filling of application for land / shed, in that case the amount of Security

Deposit as fixed by Corporation as mentioned in clause 3(e) will be deducted from the

Development Charges whenever there is a breach of any condition contained in the lease

agreement.

g. The unutilized land of the allotted plots shall revert back to the Corporation on expiry of the

prescribed extended period upto 3 years. The Development Charges originally paid by the

Lessee / Second Party for such unutilized land shall be refunded.

h. The Corporation shall have the right to cancel the allotment after issuing a 15 (fifteen) days

Show Cause Notice to the Lessee / Second Party for breach of any of these rules, conditions of

allotment letter and terms of this Lease agreement.

i. If any allottee or a Lessee intends to surrender a Plot or part thereof for any reason, the

Corporation may accept it on the condition as it may deem fit and proper. In such cases, the

amount of development Charges and Interest thereon, if any recovered from the Party will be

refunded, without any interest payable thereof as below;

a) If any allottee or a Lessee intends to surrender a Plot or part within 1 year from the date of

allotment then 90% of Development Charges will be refunded.

b) If any Allottee or a Lessee intends to surrender a Plot or part after 1 year but within 2 years

from the date of allotment then 50% of Development Charges will be refunded.

c) If any Allottee or a Lessee intends to surrender a Plot or part after 2 years from the date of

allotment then the Allottee will not be entitled for any refund.

Further, the amount of Security Money, Ground Rent, Services Charges, Special

Maintenance Charges and Interest on unpaid ground Rent, services charges and Special

maintenance Charges shall be deducted while refunding the amount.

j. Any unit which does not clear any dues payable to lessor for continuous period of 3 (three)

months shall be treated as defaulter unit and such unit shall have to vacate the said premises

without any quite progress.

a. Lessor may initiate action to cancel their Trade licence / power connection etc.

k. In case of conversion of proprietorship to partnership firm, the share of the original partner

shall not be less than 51%.

l. The Lessee / Second Party shall continue his activities in the premises for which the property is

used leased. Stoppage of said activities in leased premises temporarily or permanently the

Lessee / Second Party shall be bound to intimate the reason of stoppage to the Lessor / First

Party in writing within 7 (seven) days from stoppage or close down.

8

m. The Lessor / First Party shall have the right to re-entry over the property and take over its

possession, if restarting of activities do not take place within 3 (three) months period from the

date of initial stoppage / close down of activity or / committing any violation of the terms set

forth in this lease agreement. The arrear dues, if any, will be realized within 3 (three) months

from the date of such taking over in due course.

n. The Lessor / First Party shall have the unfettered right to inspect the documents justifying the

utilization of assets during the leased period and the Corporation shall have the right to get

authenticated copies of such documents as and when necessary.

o. The Lessor / First Party shall have the right to re-entry over the property and take over its

possession, if the Lessee / Second Party makes any additional construction without prior

permission of the authority, the Lessor / First Party will not responsible to pay any

compensation to the Lessee / Second Party for this type of additional construction.

p. Notwithstanding anything contained in this present Lease Agreement, the Lessor / First Party

may, on termination of this agreement, transfer or lease out the property including the additional

construction and the renovation if any, to any person by private negotiation or public auction or

otherwise at the option of the Lessor / First Party and on such terms and conditions as the

Lessor / First Party deems fit and proper.

q. The Lessor / First Party reserves the right to impose any further conditions, stipulations of

alteration in the convent herein at any time which in the opinion of the Lessor / First Party /

Government feel it necessary for the public interest.

r. In the case of breach of any of the terms and conditions mentioned in this lease, the Lessee /

Second Party shall cease to be entitled to the use of or occupation of the property and the

Lessee / Second Party would be liable for summary eviction by Estate Officer authorized under

Assam Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

s. In pursuance to the aforesaid Act and Rules made there under, the Lessee / Second Party will

bound to hand over the possession of the lease land to the Lessor / First Party without any

disputes.

t. Any arrear amount is so required to be recovered for the lease agreement or its consequential

effects arising therefrom, the same would be realized in terms of law applicable thereto.

u. All Power exercised by the Lessor / First Party under this lease agreement may be exercised by

Managing Director, AIDC Ltd./ AIIDC Ltd./ ASIDC Ltd./ .............................. or such other

person (s) authorized in this behalf.

Provided that the expression Managing Director shall include the person who is entrusted by

Lessor / First Party with the functions similar to those of Managing Director.

v. Every dispute difference or questions touching or arising out or in respect of this Lease

Agreement or the subject matter thereof, shall be at the first instance, invariably required to

referred to the head of the Lessor / First Party and failure to get a dissatisfactory order from the

Lessor / First Party, the Lessee / Second Party only deserves the right to refer the said dispute

/ difference to the Competent Court of Law as applicable thereto.

w. The Stamp and Registration Charges on this Lease Agreement shall be borne by the Lessee /

Second Party.

x. The Lessee / Second Party agrees that if the need arise and as per Government direction, a

separate Agreement may be required to be entered in to and signed with another Authority

9

instead of AIDC Ltd./ AIIDC Ltd./ ASIDC Ltd./ .............................. the current Lessor / First

Party in this agreement on the same terms and conditions as contain in this agreement.

y. If any provision of this agreement is rendered void, illegal or unenforceable under any Law, the

validity, legality and enforceability of that provision under any other Law and the validity,

legality and enforceability of the remaining provisions, shall not in any way be affected or

impaired thereby. Should any proviso of this agreement be or become ineffective for reasons

beyond the control of the Parties, the Parties shall use reasonable endeavours to agree upon a

new provision which shall as nearly as possible have the same commercial effect as the

ineffective provision.

IN WITNESS WHEREOF THE parties hereto have hereunto set and subscribed their respective

hands this day and year first hereinabove written.

Schedule of Property

All that the plot of land numbered as situated within the IIDC/ IGC/ Park/ ......................... at

................... under Mouza ......……., Village ........................., Dag No. .......... Patta No. ..............,

Revenue Circle ............... , P S. ...................., District .............., Assam containing by

measurement ........................ Sqm. (Square Meter)/ Bigha be the same a little more or less,

bounded:

On the North by :

On the South by :

On the East by :

On the West by :

IN WITNESS HEREOF THE parties hereto have set their hands this day of the month of

........................ in the year ......................

Signature for and on behalf Lessor / First Party

Signature for and on behalf of Lessee / Second Party

Signature of witness no. (1):

Name …………………………..…………...

(In capital letters)

Address: ………………..….……..………

Signature of witness no. (2):

Name ……..………………..………………………


Address: ……………..……………………...

1

DRAFT LEASE AGREEMENT FOR SHED

THIS LEASE AGREEMENT is made on the ………………..day of ……….. at Guwahati,

Assam .

-BETWEEN-

(AIDC Ltd./AIIDC Ltd. /ASIDC Ltd)....................) A Govt. of Assam Undertaking, established

Under ..............Act 19..., having its Registered/ Head Office at .......................... represented

herein by its authorized representative, .................... hereinafter referred to as LESSOR / FIRST

PARTY (which expression shall unless the context does not so admit includes its successors and

assigns) of the ONE PART.

-AND-

M/s …………………………………. represented by authorized

representative…………………………. Son of Sri/ Smti ……………………………………

having its head office at ……………………………………………… (hereinafter referred to as

the LESSEE/ SECOND PARTY which expression shall, unless the context does not so admit,

include his heirs, its executors, administrators, legal representatives and permitted assigns

successors and permitted assigns) of the OTHER PART.

WHEREAS, the SECOND PARTY/LESSEE/ SECOND PARTY has applied to the AIDC Ltd/

AIIDC/ASIDC Ltd/.......... for grant on lease a factory shed or building or part of building or plot

of land for starting an industry under the name and style of M/s ………………………………….

for manufacturing /processing / servicing / repairing of

………………………………………………etc.

-AND-

WHEREAS, the (AIDC Ltd/AIIDC/ ASIDC Ltd/ ........) on the application made by the

LESSEE/ SECOND PARTY, and in the light of the Laws/Rules/Regulation applicable herein

this case, agreed to grant him on lease for occupation of a Shed in Industrial Estate/Industrial

Area/Growth Centre/ Commercial Estate ............. etc. as described in the schedule hereunder and

under the terms and conditions hereinafter set forth.

WHERAS, In pursuant to the Law / Rules and Regulation applicable for entering into the Lease

agreement / allotment of land etc. for the Lessor / First party or any other statue applicable

herein, this instant Lease agreement has been enter into and as such, the above mentioned Law/

Rules and Regulation will strictly adhere to the both parties of this Lease agreement in all terms.

Further, this Lease agreement would be treated as the substitute agreement for the lease

agreement, if so entered into earlier between the both parties of this Deed. After execution of this

instant agreement, the all earlier agreements/ Deeds, if so executed between the parties, would be

considered as invalid and non operational in law for all purposes .

NOW THIS LEASE AGREEMENT WITNESSETH AS FOLLOWS:

1. In consideration of the rent here-in-after reserved and of the Lessee/ Second Party ’s

covenants and the conditions to be performed and observed by him as here-in-after

contained, the Lessor/ First Party do hereby demise the property described in the schedule by

way of lease unto the Lessee/ Second Party for the purpose of manufacturing

/processing/servicing/repairing/………….. in his venture under the name and style of M/s

………………………………and having SSI Registration /IEM No…………..dated

……….for a period of 10 (ten) years from the date of execution of this Lease Deed. The

gestation period will be 6 (six) months from the date of execution of this lease deed for shed

and 18 months for open space ; the gestation period will be extendable by another 6 months

in both the cases subject to the satisfaction to the Lessor/ First party, within which time the

2

unit should go into commercial production failing which the allotment will automatically

stand cancelled.

2.

a. The Lessee/ Second Party undertakes to pay rent to the Lessor/ First Party in respect of

the demised property regularly at a monthly rate of Rs. …………..(Rupees

…………………………………………….) only per sq.ft per month for shed and

Rs…………. (Rupees……………………………….) only per square feet per month for

open space. The rent for each month shall be paid on or before the seventh day of the

subsequent English month. The Lessee/ Second Party also undertakes to pay rent at

revised rates to be fixed by the Lessor/ First Party from time to time.

b. The Lessee/ Second Party shall pay the monthly lease rent and Service Charges including

Service tax and any other payment to the Lessor/ First Party within 7(seven) days of the

subsequent English month. For any default in payment of dues on account of lease rent,

Service tax, Service Charge and any other payment, the recovery of dues shall be charged

@ 18% interest per annum for the default period.

3.

a. When the Lessee/ Second Party for the purpose of establishing or developing the industry

on the demised property seeks to obtain loan from a Bank or other Financial Institution

by mortgaging his lease-hold interest on the demised property in favour of such Bank or

Institution, permission will be given by the Lessor/ First Party to this effect provided such

mortgage doesn’t affect the rights and powers of the Lessor/ First Party under this Deed.

b. In case of mortgage of such land to the Bank/Financial Institutions by the

Entrepreneurs/Industrial houses (i.e. Lessee/ Second party) with prior permission of the

concerned authority under Industries & Commerce Department (i.e. Lessor / First Party)

for purpose of taking loan/Financial Assistance etc, the bank/Financial Institutions will

have a limited right to utilize the land till expiry of the lease period on failure of the

Entrepreneurs/Industrial houses to settle the loan/Financial Assistance.

c. That while taking action to recover the dues, in the event of default in repayment of

loan or any other dispute between the Bank /Financial Institution and Lessee, the

Bank /Financial Institution shall have no authority or right upon the demised land

itself.

d. That in the event of the Lessee’s failure and /or default to pay dues timely to the AIDC

Limited, the Corporation may resort to legal recourse and/ or resume back the

possession in terms of the Lease Agreement and the Lessee shall be bound to vacate the

premises within (-----------------) months of the notice by removing plant & machineries,

goods whatsoever installed and / or stored in the premises and remaining hypothecated

to the Bank to enable the AIDC Limited to take vacant possession otherwise the AIDC

Limited will remove all such installation and /or goods and dispose it off at the Lessee’s

account with due notice.

e. While availing loans from the Bank/ Financial Institution the Lessee and the Bank

shall execute necessary documents of shall have provision in their Loan Agreement

between themselves that in the event the said Lessee commits any default in making

payment of the all dues to the Lessor the AIDC Limited shall have first share in the

amount recovered from the auction of the plant and machineries by the Bank/

Financial institution.

f. In the event Lessee defaults on repayment of loan and the loan is identified as NPA by

Bank/ Financial.

g. Institution, the Bank/ Financial Institution may suggest to re- allot the leasehold

interest of the plot/ shed for the remaining period to another applicant who is otherwise

eligible to obtain such land/ plot/ shed after fulfilling the norms of AIDC Limited and

paying transfer fee and other dues as per prevailing norms of AIDC Limited.

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h. The land so leased should be used only for industrial purposes. In case of transfer of

ownership of the Industrial Unit or taking over the Industrial unit by Bank/Financial

Institutions also for remaining period of lease, the land can be used only for Industrial

purposes.

i. Under no circumstances ownership of the land will be transferred to any party without

approval of the Government in Revenue & DM.

j. The period of lease is renewable on expiry of 10 (ten) years on Satisfaction / payment of

lease rent, lease premium and any other charges as applicable at the time of renewal.

k. Letter of Allotment issued to the industrial unit/ Lessee/ Second Party for allotment of the

land/shed is a part of the agreement.

l. NOC issued to the Lessee/ Second Party in regard to obtaining Electric Power connection

will be withdrawn if Lessee/ Second party fails to pay lease rent and other dues regularly.

m. The Lessee/ Second party has to deposit a security deposit amounting to 12 months lease

rent prior to handing over the allotted land/shed.

n. The Security Deposit will be refunded subject to payment of all dues. The Security

deposit shall be adjusted against the shed/Open space if the unit fails to pay his/her dues

in time. In the event of full adjustment of the security deposit the lessor/allottee shall

redeposit the said Security Deposit amount within 15 days from the receipt of the notice

issued by the LESSOR.

o. Lessee/ Second party is not permissible to sublet their allotted industrial shed to any other

party.

p. All legal proceeding for breach of the conditions aforesaid shall be lodged in courts,

situated at Guwahati and not elsewhere.

4. In case of violation of terms and conditions, rules regulation of the Lessor/ First Party and

Orders that may be passed by the Lessor/ First Party or State Government from time to time

with regard to the Industrial Estate/Industrial Area /Growth Center/Commercial e

State……etc. generally and to the property hereby leased in particular, this lease agreement

stand terminated automatically at once and Lessor/ First party shall have undisputed right to

take over the possession of the property without the intervention of the Court of Law and

without being any way liable for any loss that may be caused to the Lessee/ Second Party

thereby.

5. In the event of death, insolvency or incapacity etc. of the lessee/ Second party, the person on

whom the title is to be developed shall within one month of the death, insolvency or capacity

as the case may give notice of such devolution to the Lessor/ First party.

6. The Lessee/ Second Party will take possession of the property as is no further demand for

any development such as earth filling, raising the levels, electricity and water supply etc.

shall be entertained. Any other improvement or development shall be done by the Lessee/

Second Party at his own cost and initiative after obtaining prior written permission from the

Lessor/ First Party.

7. In the event of cancellation of the amount of the lease hold property, the Lessee/ Second

Party shall be bound and liable to vacate the lease hold property and deliver the lease hold

property to the Lessor/ First Party free from all encumbrances failing which the Lessee/

Second Party shall be liable to pay the Lessor/ First Party damages at the rate of Rs. 500 (Rs.

Five Hundred) only per day for unauthorized use and occupation of the property besides

other liabilities provided for in this agreement and other laws for the time being in force.

8. The Lessor/ First Party shall not be responsible for any damage if caused to the lease-hold

property by explosion, fire, riot and natural calamities like flood, earthquake, cyclone, etc.

which are not within the power and control of the Corporation.

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9. The Lessee/ Second Party shall not at any time during the tenure of the Lease acquire an

absolute or exclusive ownership right over the property or claim any such right whatsoever,

excepting the right to use the property in the manner prescribed herein.

10. The Lessee/ Second Party shall duly comply with the provisions of all the relevant Acts and

rules made there under or any other laws of the land in force. The Lessee/ Second Party also

undertake to comply with the obligations whatsoever, imposed by such laws in regard to the

activities carried on in the premises leased.

11. Should the demised property or any part thereof be at any time required by the

Corporation/State Government for any purpose, declared by it to be a public purpose, the

Corporation/State Government shall be entitled to acquire the demised property or any part

thereof giving 3 (three) months Notice in writing or on expiry of the said period whichever is

earlier, the Lessor/ First Party or the State Government as the case may be, may through

officer or person authorized by or in its behalf, re-enter and shall take possession of the said

demised property to part thereof and all buildings and structures thereon, and compensation

as may be determined by the Lessor/ First Party / State Government will be paid to the

Lessee/ Second Party .

12. a. On the expiry of the leased period or on termination of lease due to the breach of any of

the conditions of the Deed by the Lessee/ Second party, the Lessor/ First Party shall have

the right of re-entry over the property and to take over the possession, if the Lessee/

Second Party has made any additional construction with prior written permission of the

Lessor/ First Party may also pay the Lessee/ Second Party the cost actually incurred by

him for any such additional construction or their depreciated value as determined by such

authority as may be decided by the Lessor/ First Party or the market value thereof on the

date of the re-entry as may be estimated by such authority whichever is less. Otherwise, if

Lessor/ First Party doesn’t wish to take over the additional construction, the same shall

lapse to the Lessor/ First Party and no compensation whatsoever on this account will be

payable to the Lessee/ Second Party by the Corporation. The Lessee/ Second Party shall

also be liable to pay compensation for the damage done, if any to the leased property or

any part of the Industrial Estate/Industrial Area/Growth/ Centre/Commercial

Estate………….. etc. or any sewerage, drain, road, path etc. as may be fixed by the

Corporation.

b. The Lessee/ Second Party shall continue his activities in the premises for which the

property is leased. Stoppage of said activities in the leased premises temporarily or

permanently the allottee shall be bound to intimate the reason of stoppage to the

Lessaor/First Party, within seven days from stoppage or close down. The Lessor/ First

Party shall have the right to re-entry over the property and take over its possession, if

restarting of activities do not take place within three months period from the date of

initial stoppage or close down of activity. The arrear dues, if any, will be realized within

three months from the date of such taking over.

c. The Lessor/ First Party shall have the unfettered right to inspect the documents justifying

the utilization of assets during the leased period and the Lessor/ First Party shall have the

right to get authenticated copies of such documents as and when necessary.

d. The Lessor/ First Party shall have the right to re-entry over the property and take over its

possession, if the Lessee/ second Party has made any additional construction without

prior permission of the authority; the Lessor/ First Party will not pay any compensation to

the Lessee/ Second Party for this type of additional construction.

13. Notwithstanding anything contained in these presents the Lessor/ First Party may, or

termination of this agreement, transfer or lease out the property including the additional

construction and the renovation if any, to any person by private negotiation or public auction

or otherwise at the option of the Lessor/ First Party and on such terms and conditions as the

Lessor/ First Party deems fit and proper.

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14. The Lessor/ First Party reserves the right to impose any further conditions, stipulations or

alteration in the convent herein at any time which in the opinion of the

Corporation/Government is necessary in the public interest.

15. The Lessee/ Second Party shall recruit the requisite manpower for his venture as per the

Industrial policy of the Government of Assam.

16. All cost and expenses for preparation, execution and the registration of this Lease deed will

be borne and paid by the Lessee/ Second party.

17. Without the consent of the Lessor/ First Party in writing, the Lessee/ Second Party shall not

assign or part with his lease-hold property or interest in the said premises created under these

presents, nor shall he/she sublet the same or any part thereof to any person or persons

whomsoever.

18. In the case of breach of any of the terms and conditions mentioned in this lease, the Lessee/

Second Party shall cease to be entitled to the use of or occupation of the property and the

Lessee/ Second Party would be liable for summary eviction by the Estate Officer authorized

under Premises (Eviction of Unauthorized Occupants) Act, 1971.

19. The Lessee/ Second Party shall pay the charges for consumption of electricity and water

supplied to him/her directly to the concerned authorities regularly without default within the

due date in additions to the aforesaid rent.

20. Every dispute, difference or questions touching or arising out or in respect of this Lease

Agreement or the subject matter thereof, shall be at the first instance, invariably required to

referred to the head of the Lessor / First party /First Party and failure to get a dissatisfactory

order from the Lessor / First party /First Party, the Lesee only deserves the right to refer the

said dispute / differences to the Competent Court of Law as applicable thereto. Any dispute

arising out of this agreement shall be subject to jurisdiction of Guwahati only.

21. The demised property shall be used by the Lessee/ Second Party only for whom it has been

leased. In particular and without prejudice to the said generally, the Lessee/ Second Party

shall not:

i) Carry on any business or trade except the particular activity/activities for which the

property has been leased.

ii) Use the leased property or part thereof for the purpose of a club, dwelling house,

place of amusement, theatre or carrying on of motor transport business or any retail

business or for any offensive trade or business or for any purpose which may in the

opinion of the Lessor/ First Party cause nuisance or inconvenience to the Corporation,

the public, or any other Lessee/ Second Party or to any occupier or premises in the

neighborhood.

iii) Do anything which shall cause excessive wear and tear to the roads and accesses to

the other land, building and factory sheds belonging to the Lessor/ First Party or

leased out to other tenants.

iv) Dump any garbage, sewage etc. within the lease-hold premises and on any place of

the Industrial Estate/Industrial Area/Growth center/ Commercial Estate….etc.

v) Permit any sale by auction to be held upon the leased land.

vi) Permit oil, grease or other deleterious matters to enter the drains, gutters, roads of the

Industrial Estate/Industrial Area/Growth Centre/ Commercial Estate….etc.

22. The Lessor/ First Party or any person authorized by the Government shall have the right to

lay down, place, maintain, alter, remove or repair any pipes, pipelines, conduits supply or

service lines, post or other appliances or apparatus in, under over, along or across any land

within Industrial Area, Growth Centre taken up for development for the purpose of carrying

gas, water or electricity from a source of supply or constructing any sewerage or drains

6

necessary for carrying off the working and the waste liquids of an industrial process through

any interviewing area .

23. Any officer of the State Government, any member of the Lessor/ First Party and any person

either generally or specially authorized by the Lessor/ First Party on its behalf may enter into

or upon the leased property with or without assistance of workmen for the purpose of: -

(a) Making any inspection, survey, measurement, valuation, or enquiry or taking levels

of the lease-hold property.

(b) Examining works under construction and ascertaining the course of sewerage and

drains.

(c) Digging or boring into the sub-soil.

(d) Setting out boundaries and intended line of work.

(e) Making such levels, boundaries and lines by placing marks and cutting trenches.

24. In case of commission of an offence under the Act by the Lessee/ Second Party, every

person who at the time of commission of such offence was in charge of, or was responsible to

the Lessee/ Second Party, shall be guilty of the offence and shall be liable to be proceeded

against and punished accordingly as per provisions of and other relevant laws of the land.

25. Any person who obstructs the entry of a person authorized to enter into or upon any leased

land or building or molests such authorized person after such entry or obstructs the lawful

exercise by him or any power conferred by or under the Act in addition to other relevant laws

of the land.

26. Any money payable to the Lessor/ First Party by the Lessee/ Second Party shall be recovered

as per law applicable thereto.

27. The Lessee/ Second Party shall not claim any facility etc. over and above the existing ones

under the Assam Town & Country Planning Act, 1959 and Assam Municipal Act, 1956, in

respect of the premises leased.

28. If during the tenure of this lease, any rules & regulation if so newly framed, modified or

altered by or for the Lessor / First party, the terms and conditions of the same would also

applicable for this instant lease Deed.

29. The Lessor/ First Party shall serve a Notice, upon the Lessee/ Second Party requiring him/her

to carry out any development in relation to the schedule property which, in opinion of the

Lessor/ First Party ought to be carried out within a reasonable time.

30. For erection of any structure or building in the Industrial Estate/Industrial Area/Growth

Centre/Commercial Estate, Industrial Area, Rani and carrying out alteration to any existing

building by the Lessee/ Second Party prior written permission must be obtained from the

Lessor / First party. Any contravention to this condition shall attract the panel provision as

laid down under the Act/ Rules and Regulations applicable thereto.

31. In case the allottee wants to terminate the lease on his/her own accord before its expiry

he/she shall give three (3) months Notice to the Lessor/ First Party in prior. The Lessee/

Second Party shall also be liable to pay Lessor/ First Party such amount by way of damages

as may be determined by the Lessor/ First Party.

32. The allotment shall be liable for cancellation in case of breach of any of the terms and

conditions of this Lease Deed or any other agreement, rules, regulations and orders as

applicable in that case and also that may be passed by the Lessor/ First Party or State Govt.

from time to time, by the Lessee/ Second Party with regard to the Industrial Estate/Industrial

Area/Growth Centre/Commercial Estate generally and to the property allotted, in particular.

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SCHEDULE OF THE DEMISED PROPERTY:

Factory shed or building or part of building or land measuring: Shed No/ open space..............

Length : …… Ft.

Breath : …… Ft.

Total : …… Sq.Ft.

Open space : …… Sq.ft.

At Industrial Area/Industrial Estate/............... at ........ Covered by land bearing Dag No.

................... Patta No. ............... Grant No….… at .................. Mouza : ............... P.S. ...............

in the ..................... District of Assam.

The property is bounded by –

i. In the North :

ii. In the South :

iii. In the East :

iv. In the West :

IN WITNESS HEREOF THE parties hereto have set their hands this day of the month of

…………….. of in the year…………………….

Signature for and on behalf of Lessor / First Party:

(For and on behalf of the AIDC ltd./ AIIDC Ltd./ ASIDC Ltd./ ............... )

Signature for and on behalf of Lessee/ Second party

For M/s …………………………………

Signature of witness No.(1):

Name……………………………..


Address………………………….

Signature of witness No. (2) :

Name……………………………..


Address……

Date post:	17-Apr-2020
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