Yamuna Expressway Industrial Development Authority

invites application for the allotment of plots for

Scheme Code Date of Opening Date of Closing

YEA/INDDC-PARK(2024)-04 01.01.2024 22.01.2024

Yamuna Expressway Industrial Development Authority

(U.P. Government Undertaking)
1st Floor, Commercial Complex, Block-P-02, Sector Omega-1, Greater Noida - 201308, Distt. Gautam Budh Nagar, U.P.
Toll Free No.: 18001808296 Website : www.yamunaexpresswayauthority.com
 ALLOTMENT UNDER DATA CENTER PARK

ENTITIES DEFINIED UNDER DATA CENTER

Data Center Park

A Minimum 40 MW Data Center capacity for locating Data Centre Unit(s) shall be
considered under the definition of Data Center Park.

Data Center Unit

A Data Center Unit (> 2MW and <40 MW capacity) is a dedicated secure space within a
building / centralized location where computing and networking equipment is
concentrated for the purpose of collecting, storing, processing, distributing, or allowing
access to large amounts of data. Captive Data Centers shall not be considered.

Data Center Park Developer

Data Centre Park Developer is an entity who would be responsible to build the facility of
DC park covering land, park area (Water, Sewage, Road, Parking, Green Area, etc.),
provision of DC essentials setup /equipment (i.e. Electricity, Network / Fiber
connectivity, Mechanical Electrical and Plumbing equipment (MEP), etc.).
 Table of Contents

Abbreviations: 5
Preface 5
Data sheet 6-9
1. Section I: Instructions to the Applicants 91.1
Definitions 09-11
1.2 How to apply 11
1.3 Language 11
1.4 Applicant’s responsibility 11
1.5 Documents required with Application Form 12
1.6 Allotment process 12
1.7 Extension of time limit for deposit of Allotment Money 14
1.8 Payment schedule 14-15
1.9 Change in the name of applicant 15
1.10 Unsuccessful applicants 15
2 Section II: Special conditions 15
2.1 Implementation 15
2.2 Functional Certificate 16
Section III: General terms and conditions 17
3.1 Execution of Lease Deed and possession of the plot 18-19
3.2 Lease Rent 19
3.3 Preferential charges 19
3.4 Variation in actual area of allotted plot 19-20
3.5 Surrender 20
3.6 Change in Constitution(CIC)/Change in Shareholding(CIS) 21-23
3.7 Construction 23
3.8 Maintenance 23
3.9 Mortgage 24
3.10 Transfer of Plot 25-26
3.11 Misuse, Additions, Alterations, etc. 27
3.12 Indemnity 27
3.13 Liability to Pay Taxes 27
3.14 Overriding Power over dormant properties 27
3.15 Cancellation 28
3.16 Restoration 28
3.17 Amalgamation and sub-division 29
3.18 Incentive for early commencement of production by the unit 29
3.19 Renting of Premises 29
3.20 Other Clauses 30-32
4 Annexures 33
4.1 Application form 33-35
4.2 Financial statement of turnover 36
4.3 Financial statement of Networth 37
4.4 Liquitity certificate 38
4.5 Annexure A 39-40
4.6 Annexure B 41
4.7 Annexure C 42-43
4.8 Annexure D 44
4.9 Annexure E 45
Abbreviations

CEO Chief Executive Officer

CIC Change in Constitution
FAR Floor Area Ratio
FDR Fixed Deposit Receipt
GC General Conditions
GPA General Power of Attorney
NGT National Green Tribunal
NoC No Objection Certificate
NSC National Savings Certificate
ROC Registrar of Companies
SARFAESI Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest
SC Special Conditions
SPC Special Purpose Company
YEIDA Yamuna Expressway Industrial Development Authority

Preface
The scheme document is applicable for allotment of plots having area upto& above 20,000 Sqm in the
Data Center Park located in Sector-28 of Yamuna Expressway Industrial Development Authority
(herein Referred to as 'YEIDA' or 'Authority' or 'Lessor').
Note:
1. GST liability as per applicable rates at the time of payment shall be borne by the allottee itself under
Reverse Charge Mechanism vide Notification No. 13/2017 S. No.5, 5A dated 28/06/2017.
2. Interest @10% P.A. is applicable from 1st Jan 2024 subject to the revision on 1st January& 1st Julyof
each year as per Go. No. 1567/77-4-20-36N/20 dated 09 June 2020.

1 Section I: Instructions to the Applicants

1.1 Definitions

The key definitions for the purpose of this scheme document are as follows:
a) “Authority” means the Yamuna Expressway Industrial Development Authority (YEIDA).
b) “Authorized Bank” implies the bank that has been mentioned in the brochure by the Authority.
c) “Allotment Letter” is the letter issued by the Authority to the Allottee confirming the allotment
under a particular scheme for which application is submitted.
d) “Allotment Money” is the amount as prescribed in the scheme brochure and is expected to be
deposited by the Allottee within the given time period.
e) “Allottee/Lessee” is the person/legal entity whose application for allotment has been approved
by the competent officer.
f) “Allotment Committee” is a committee constituted at the Authority for reviewing the applications
of the applicants whose application has been received for allotment under the advertised
scheme.
g) “Building Regulations” as notified by the Authority for development of land and construction of
buildings.
h) “Completion Certificate” refers to the certificate issued by the Authority once the project has
been completed.
i) “Contract” means the Contract signed by the Parties and all the attached documents which
includes General Conditions (GC), the Special Conditions (SC), and the Appendices.
j) “Day” means calendar day.
k) “Functional Certificate” refers to the certificate issued by the concerned department in Authority
to declare the unit as functional/operational.
l) “Government” means the Government of Uttar Pradesh.
m) “Net worth” from Financial Statement, where Net worth shall be calculated as below:
a. In case of a Company: Net Worth is the Paid-up share capital (excluding share application
money) plus Reserves and surpluses (excluding revaluation reserve) less Preliminary and
preoperative expenditure; less Miscellaneous expenditure to the extent not written off; less
accumulated losses; less intangible assets. (Figures are to be taken from the last audited
balance sheet of the Company).
b. In case of a Partnership firm: Contribution by each partner taken together in the capital of the
firm shall be considered as Net Worth of the firm excluding intangible assets, if any.
c. In case of a New Company: Net Worth of promoters/ Directors.
n) “Lease Rent” is the amount paid by the Allottee/Lessee to the Lessor as rental against the
property allocated to the Allottee/Lessee.
o) “Lease Deed” is a contractual agreement by which Lessor conveys a property to
Allottee/Lessee, for a limited period, subject to various conditions, in exchange for Lease Rent,
but still retains ownership.
p) “Lessor” refers to a person/entity who leases or rents a property to another; the owner which in
this case is YEIDA.
q) “Transfer deed” refers to the Document (instrument) by which a property (herein land) is
conveyed from its owner (in this case YEIDA) to its tenant.
r) “Occupancy Certificate” refers to the certificate issued by the Authority on completion of the
building construction as per provisions of Building Regulations.
s) “Premium” referred to in this document means total amount payable to the Authority for allotted
t) “Lessee” is the person/entity who holds a lease of a property which was given to another
 person/entity for all or part of a property.
u) “Mutation Letter” is the letter issued by competent Authority for change of name on a property.
v) AVAILABILITY OF PLOTS FOR ALLOTMENT & RATE OF ALLOTMENT:-
a. Rate of allotment including PLC for Data Center Units (in sector-28).

S. Size of Plots Plot. Sector Rate of Applicable Rate Total Premium Reserve
No. (in Sqm.) No Allotment % of PLC including Amount Including Price Including
(Per sqm.) PLC(Rs.) PLC (Rs.) PLC(Rs.)
1 20035 D-1 28 14083.57 10% 15491.93 310380818 31038082
2 20095 D-2 28 14076.00 5% 14779.80 297000081 29700008
3 20065 D-3 28 14079.78 5% 14783.77 296636345 29663635
4 21383 D-12 28 13923.85 10% 15316.24 327507160 32750716
5 22350 D-13 28 13821.14 5% 14512.20 324347670 32434767
Note: Number of Plots may increase/decrease as indicated in the above respective categories.

1.2 How to apply

1.2.1 The scheme brochure can be downloaded from the Authority’s website
www.yamunaexpresswayauthority.com. The application shall be submitted online through
Single Window Portal Nivesh Mitra website www.niveshmitra.up.nic.in. Processing fee and
Registration money as given in Data Sheet shall be deposited online payment gateway portal of
YEIDA or by generating challan from the Portal, on or before closing date.
1.2.2 PROCESSING FEE
Non-refundable/non-adjustable processing fee of INR 25,000/- (Twenty five Thousand only)
plus applicable GST shall be deposited through online portal of YEIDA or RTGS/NEFT by
generating Challan from the Nivesh Mitra portal.
1.2.3 REGISTRATION MONEY FOR ALLOTMENT OF PLOT
Adjustable/refundable amount equal to 10 percent of total Premium of the plot for which the
application is being uploaded. The amount shall be deposited through online portal of YEIDA or
RTGS/NEFT by generating Challan from the Nivesh Mitra portal.
1.3 Language
1.3.1 The document for this scheme shall be in English language.
1.4 Applicant’s responsibility
1.4.1 It is assumed that before submitting the application, the Applicant has made complete and
careful examination of the following:-
• The eligibility criteria and other information/requirements, as set forth in the Brochure.
• All other matters that may affect the Applicant’s performance under the terms of this
scheme including all risks, costs, liabilities and contingencies.
• Incomplete application or misrepresentations/suppression of the material facts may
lead to cancellation before/after screening.
1.4.2 YEIDA shall not be liable for any mistake or error or negligence by the Applicant.
1.5 Documents required with Application Form
Following documents duly signed by the applicant and certified by CA/statutory auditors onea
chpage, should been closed with the application form for registration:
(A) Project Report including data processing capacity in MW.
(i) Feasibility Report of the proposed project.
(ii) Three years projected cash flow of the project depicting sources of inflow for the project.
(iii) Statement of sources of funds.
(iv) Land use pattern and construction plan and schedule of implementation certified by the
architect.
(v) Other provisions given in Annexure-E shall be included in DPR.
(vi) Provisions as per Data Center Policy -2021 (Annexure-F)
(B) Background of the Applicant and its Promoters.
(C) List of current Directors and Shareholders along with their shareholding;
(D) Audited Financial Statements of last three years;
(E) Valid GST Registration certificate.
(i) InCaseofaCompany
1. CertificateofIncorporationissuedbytheRegistraroftheCompanies.
2. Memorandumof Associationand Articlesof Association.
(ii) InCase ofaSociety
1. RegistrationCertificateissuedbytheRegistrarofSocieties.
2. MemorandumofAssociationofSociety.
3. Rules&Regulationsofthe Society.
(iii) InCaseofaTrust
1. RegisteredTrustDeed.
2. List Of Members Of The Trust.
(iv) InCase ofPartnershipFirm
1. Form A and Form B issued by the Registrar of Firms.
2. Partnership Deed.
(v) InCaseofProprietorshipFirm
1. CopyofPANCard
2. CopyofPassport/VoterIDCard
3. CopyofrecentbankstatementfromanyNationalizedBank
1.6 Qualification Criteria

Applicant should have positive net-worth / surplus investable funds equivalent to the cost of
project either by way of promoter contribution, net surplus available from existing business or
proposed loan from bank or financial institution. The applicant will have to produce evidences of
all sources of surplus investable funds. In case of loan in principal approval from the
bank/financial institutions must be attached.

1.7 Allotment process

1.7.1 The application along with the requisite documents will be submitted online through Single
window portal- Nivesh Mitra website www.niveshmitra.up.nic.in and the submitted application
along with all documents will be downloaded by YEIDA for the purpose of Scrutiny/evaluation by
the screening committee.
1.7.2 FDI and Fortune-500 will be governed by UP FDI Policy-2023 vide G.O.-54/2023/3452/77-6-
2023-02(M)/2022 dated 01.11.2023 and its standard operating procedure vide G.O. -
57/2023/3650/77-6-2023-02(M)/2022 dated 20.11.2023. Application for allotment in this regard
will be routed through Invest UP followed by final decisions Empowered committee as per UP
FDI policy-2023.
1.7.3 Extension of last date of Application
a. In cases where applications for the plots mentioned in the brochure are not received, then
according to the rollover policy, the last date submit application can be extended twice for a
period of 7 days each. Subsequently the allocation process will carried out for the received
applications based on objective criteria as per the specified policy of YEIDA
1.7.3.1Scrutiny of application: The application along with the requisite documents will be scrutinized
by the screening committee. If the applications are found to be incomplete/information is
incorrect, the authority may reject the application.
a. In case the applicant is unable to submit the required information within prescribed time, the
application shall not be considered for allotment and no further submission of documents shall
be entertained.
1.7.4 Allotment of plots:
As per the Authority’s decision the eligibility for allotment shall be decided on the basis of marks
 obtained equal to or more than 60% in Objective Parameters given in annexure-C. There are
two conditions:-
a. If applicants falls under sr. no. 1 of objective parameters then to qualify for interview/project
presentation applicant must score at least 60% marks (54 marks out of total 90 marks).
Maximum marks shall be calculated marks given to Sr. no. 01 to 08 in objective parameters.
b. If applicant is not under sr. no. 01 of objective parameters then applicant shall be qualified for
interview/project presentation if it obtains at least 60% marks (39 marks or more out maximum
65 marks). Maximum marks shall be calculated marks given from Sr. no. 02 to 08 in objective
parameters.
Following which the applicant shall be called for project presentation. The success for allotment
shall be decided on the basis of marks obtained in the objective parameter (as per Annexure C)
and allotment letter will be issued digitally. Unsuccessful applicants will be refunded registration
amount without interest within 3 months of the date of project presentation.
1.6.3 For further inquiries contact: Industry Department, Yamuna Expressway Industrial
Development Authority, First Floor, Commercial Complex, Block-P2, Sector-Omega-1, Greater
Noida, Uttar Pradesh, 201308 between 11.00 AM to 02.00 PM.
1.6.4 The YEIDA may, without assigning any reason, add one or more plots in the scheme and/or
withdraw any one or all of the plots from the scheme at any stage. The size of the plot may be
increased or decreased.
1.6.5 The YEIDA may accept or reject any offeror cancel the scheme, and its decision in this behalf
shall be final and binding on the applicants.
1.6.6 There will be no correspondence on issues/ground raised in Disqualified applicants.
1.7.4 Deposit of Allotment Money: Applicant has to deposit Allotment money as below.
a 30 percent of total Premium of the plot after adjusting Registration money within 60
days of issuance of Allotment Letter without interest.
b Applicant would have an option to pay full and final payment of the total Premium of the
plot within 60 days from the issue of Allotment Letter. In such a case, 02percent rebate will be
given of the total Premium of the plot.
c In case the due Allotment Money, as mentioned above, is not deposited within the
stipulated period/extended period, the allotment of plot shall be cancelled, and money
deposited as Registration moneyshall be forfeited.
1.8 Extension of time limit for deposit of Allotment Money
No extension regarding time period will be allowed for the deposit of Allotment Money. In case of
default in payment, the Allotment will be cancelled and 10% of the Registration money will be
forfeited by the Authority. However, in exceptional circumstances, the CEO may allow a time
extension of maximum 120 days with penal interest of (10%+3% = 13%) plus applicable GST
for the defaulted period.
1.9 Payment schedule
(i) Payment of Instalment
The payment of balance 70% amount of total premium of the land be given by the allottee. In
such a case, the allottee shall pay interest @ 10% p.a. in half yearly instalments. The payment
of 70% premium shall be made in equal 10 half yearly instalments along with interest on
reducing balance at a rate of 10% p.a. In case of default in depositing instalment, interest @
13% (10% + 3% = 13%) compounded half yearly shall be levied for the defaulted period on the
defaulted amount plus applicable GST.
Note:- Interest @10% P.A. is applicable from 1st January 2024 subject to the revision on 1st
January & 1st Julyof each year as per Go. No. 1567/77-4-20-36N/20 dated 09 June 2020.
It shall be the responsibility of the allottee to deposit the due instalment in time. If the last date of
deposit is a bank holiday, then the applicant shall deposit the installment on the next working
day and it shall be treated as last date of deposit.
(ii) Pre-payment of Installment Money
 Pre payment of premium outstanding is allowed.
(iii) In timation of Payment to the Authority
After depositing the Installment due with the designated scheduled bank, the allottee shall be
required to intimate the same to the authority through a written intimation or withe-mail.
(iv) Default in payment of instalment
In case of default in making payment of installment money, the allottee /lessee would be
required to pay additional penal interest at the rate of 3% p.a. in additions to normal interest
of10% p.a. i.e. total 13% p.a. on amount for defaulted period plus applicable GST on penal
Interest.The defaulted amount will be compounded half yearly.
Note:- Interest @10% P.A. is applicable from 1st Jan 2024 subject to the revision on 1st January &
1st July of each year as per Go. No. 1567/77-4-20-36N/20 dated 09 June 2020.
(v) Payment at Allottee's Own Risk
Authority will accept each and every payment made by the allottee at allottee's own risk and
responsibility.In case the all ottee violate sany condition of allotment,therightsoftheauthority
will not be affected in any way. No right shall accrue to the allottee, if the plotallotted/handed
over to the allottee is cancelled, despite the fact that the allottee has made the entire or partial
payment to the Authority.
(vi) Adjustment of deposited payments
The Payment made by the Allottee/lessee shall first be adjusted towards the penal interest,
normal interest due; if any, and then against lease rent due and thereafter the balance shall be
adjusted towards the installment due.
(vii) Variation in the rate of Acquisition
In case of any increase in the rate of land acquisition by order of any Court or by the Authority
or by the State Government, the allottee will have to pay the additional amount proportionately
as the cost of the land and all other terms and conditions prevalent at the time of allotment
shall be applicable.

1.10 Change in the name of applicant.

Application made once in the name of Applicant shall not be changed, thus any Change in the
name of the applicant will not be allowed under any circumstances. However, the company
and firm applicants may change their name as allowed to them as per the provisions of the
Companies Act and Partnership Act.
1.11 Unsuccessful applicants
1.10.1 The registration money of unsuccessful applicants shall be returned to them without interest, if
the period of deposit of such money with YEIDA is less than one year. However, if the period of
deposit is more than one year, simple interest shall be paid at SBI saving bank’s interest rate
for the period of deposit exceeding 1(one) year.

2 Section II: Special conditions

2.1 Implementation
2.1.1 Norms of Development-as per Building Regulations of YEIDA as prevalent at that time.
2.1.2 The Allottee will commence the construction after taking over physical possession of the plot
as per approved under building plan and inform in writing to YEIDA about timely completion of
the approved project.
2.1.3 The Allottee/ Lessee / Transferee will adhere to the schedule of construction of the building as
per the building regulations of YEIDA.

2.1.4 The Allottee shall be liable to complete the project as per the schedule given by him in the land
use pattern of the project report and shall inform the authority in writing in the prescribed
format.
2.1.5 If Completion Certificate (which can be obtained online through Single Window Portal -
 Nivesh Mitra website www.niveshmitra.up.nic.in) for full project (within 48 months from the
date of lease/ possession) is not taken by the Allottee as per the schedule, time extension
charges shall be payable by the Allottee as decided by YEIDA.
2.1.6 The Allottee/ Lessee shall achieve minimum applicable FAR according to the Building
Regulations of YEIDA and obtain Completion Certificate of the project from YEIDA within the
time limit.
2.1.7 Extension for completion of First Phase: Normally no extension for completion would be
granted.
2.1.8 In case of non- adherence to the aforementioned schedule for obtaining Completion
Certificate from YEIDA, the plot shall be cancelled and/or lease shall be determined. On
such cancellation/finalization, 20% of the total Premium will be forfeited and the lessor shall
resume possession of the plot, along with any structure thereon, with the Allottee having no
right of claim or compensation thereof. The balance amount deposited shall be refunded
without any interest.
2.2 Functional Certificate
2.2.1 It will be essential to obtain Functional Certificate from YEIDA within 48 months from the date
of execution of lease deed. Following documents are required to be submitted online through
Single Window Portal - Nivesh Mitra website www.niveshmitra.up.nic.in to obtain Functional
Certificate- Building Completion Certificate as per building regulations of YEIDA-
(i) No dues certificate.
(ii) Any two Utility Bills (i.e. first electricity bill of permanent connection or documents for
installation of permanent connection/ telephone bill/ water charges bill).
(iii) Copy of bills for equipment/ Plant & Machinery/ Lab as per project report submitted.
(iv) Meter ceiling certificate of electricity connection.
(v) First sale invoice of finished product with GSTIN.
2.2.2 The Functionality of the unit will be indicated in the certificate on behalf of meter ceiling
certificate of electricity connection/first sale of finished product.
2.2.3 Penalty for not obtaining Functional Certificate: In case of failure to obtain Functional
Certificate within 48 months from the date of execution of lease dead, the Allottee may be
allowed by the CEO a further extension of 6 months as a grace period on the basis of valid
reasons of delay.
If the unit has not become functional after the expiry of 54 months with grace period an
interdepartmental committee will be constituted to review the progress of the project by the
order of CEO/Lessor. The committee will submit an inspection report regarding the effective
steps taken by the unit to make the unit functional before the lessor then lessor will take
decision for further extension based on merits of virtue/factual evidences. The decision
taken by the CEO/Lessor will be final and binding on the allottee.
NOTE:- In exceptional circumstances if time extension is demanded by the allottee for obtaining
functional certificate, CEO/lessor may allow time extension on the following conditions :-
1. One year’s extension can be granted on the payment of penalty equal to 4% of the total
premium of the plot with the approval of CEO YEIDA.
2. In case the unit is not made functional even after above extension, the unit has to apply
for 2nd extension with adequate explanations of the grounds of delay. A further extension of a
maximum one year can be granted by the CEO on payment of 1% per month of the current
rate if the special circumstances are found convincing.
2.2.4 In case of non- adherence to the aforementioned schedule for obtaining Functional
Certificate from YEIDA, the plot shall be cancelled and/or lease shallbe determined. On such
cancellation/ determination, 20% of the Premium will be forfeited and the Lessor shall
resume possession of the plot,along with any structure thereon, with the Allottee having no
right of claim or compensation thereof. The balance amount deposited shall be refunded
without any interest excluding penal interest/interest and lease rent if paid.
3 Section III: General terms and conditions
3.1 Execution of Lease Deed & Possession of the Plot
3.1.1 The office of authority shall issue a check list for the execution of lease deed to the allottee
within 30 days after receiving the lease plan from the concerned department.
3.1.2 The Allottee is required to execute the Lease Deed and take the possession within 60 days from
the date of issuance of the checklist.
3.1.3 Physical possession would be deemed to be handed over from the date of execution of Lease
Deed.
3.1.4 Execution of lease deed can be done only after a minimum payment of 30% of premium and one
year lease rent, in advance.
3.1.5 For thepurpose of payment of lease rent and other statutory charges physical possession shall
bedeemedfromthe date ofexecutionoflease deed.
3.1.6 In case of failure to execute the lease deed & taking over of possession within the above
stipulated time period. CEO may grant extension of time up to a maximum period of 180 days for
execution of Lease Deed and taking over of possession. This extension shall be granted on the
basis of payment equivalent to 3% of total Premium of the plot on a pro rata basis for the delayed
period.
3.1.7 Documentation Charges
The stamp duty, registration charges and all legal expenses involved in the execution and
registration of lease deed as stated above and all other incidental expenses shall be borne by
the allottee.
The rate of stamp duty shall be applicable as per the notification issued by the state government
from time to time.
3.1.8 Period of lease: Allotment of plot will be made on leasehold basis for a period of 90 years from
the date of execution of Lease Deed.
3.2 Lease Rent
3.2.1 In addition to the premium of plot, annual lease rent at the rates of 2.5% of the total premium
ofplot, would be payable in advance. The lease rent is payable from the due date for the
executionofthe lease deed or thedate ofpossession,whicheverisearlier.
The Authority will be empowered to enhance the annual lease rent on expiry of every 10 years
from the date of execution of the lease deed or handing over of the possession whichever is
earlier, by an amount not exceeding 50% of the annual lease rent payable at the time of such
enhancement.
3.2.2 Consequences of default in payment of Lease Rent
In case of default in payment of lease rent, interest @ 13% p.a. (10% + 3% = 13%) plus
GST on penal Interest applicable shall be charged on the defaulted amount for the defaulted
period compounding half-yearly.
3.2.3 Onetime LeaseRent
The allottee/lessee shall have the option to pay a lump sum amount equivalent to 11 times, of
the prevailing annual lease rent (27.5% of the total premium of plot) at the time of deposit of one
time lease rent in lump sum. The lease rent policy as amended from time to time shall be binding
on the allottee/lessee.
If the allottee opts for the payment of one time lease rent, the payments made towards annual
lease rent earlier shall not be considered while computing the amount of one time lease rent. If
the payments of due annual lease rent have not been made, they shall be paid first and shall not
be considered in the computation of one time lease rent.
3.3 PREFRENTIAL CHARGES
3.3.1 It has been clearly mentioned at point no. 15 of the data sheet.
3.4 Difference in the area of land allotted:
3.4.1 The area of the plot allotted or handed over may vary from the size of the plot in Allotment Letter/
applied for. If area of the plot in the Allotment Letter issued and actual area handed over to the
 Allottee / lessee is found to be more or less than the area intimated, a proportionate change in
the amount of the Premium would be made. The Allottee has to accept the allotment, if the
variation in the size of plot is up to 10% of the area applied for. No dispute/ objection by the
lessee would be entertained on the ground of variation in the size of plot. Allottee/ lessee would
have no right for change of plot or refund of money deposited by him on this account. If the
variation between the plot area applied for and the area allotted is more than 10% and Allottee is
unwilling to accept the enhanced or reduced area, the Allottee would have the right to decline
the allotment and the deposits made with YEIDA would be refunded without interest, provided
that the Allottee applies for refund within 30 days from the date of issue of Allotment Letter or
within 30 days from the date of issue of checklist as the case may be.
3.4.2 With regard to the variation in the area of plot allotted, the applicant shall deposit the amount
equivalent to the extended percentage of the total Premium at the current prevailing rate of
allotment or the allotment rate mentioned in the allotment letter along with payable GST
whichever is more in lump sum of the extended area and should be deposited within 60 days
from the date of issue of checklist.
3.5 Surrender
3.5.1 The Allotteecan surrender the plot to the Authority and the application shall be submitted online
through Single Window Portal - Nivesh Mitra website www.niveshmitra.up.nic.in before its
cancellation.In the case of Surrender:-
1. The allottee can surrender the plot before cancellation by the lessor.
(i) Before issue of allotment letter, 10% of the Registration money shall be forfeited.
(ii) Within 30 days from the date of issuance of Allotment Letter, Registration money shall
beforfeited.
(iii) If surrender is made after 30 days from the date of issuance of allotment letter 20% of the
amount deposited or the amount deposited upto the date of surrender, whichever is the least,
shall be forfeited and along with any structure thereon with the allottee have no right of claim or
compensation thereof. However, the amount deposited towards lease rent, interest, penal
interest, extension charges etc. shall not be refundable at any stage.
Note:- The date of surrender in above case shall be the date on which application is received at the
Single Window Portal on Nivesh Mitra. No subsequent claim on the basis of postal certificate
will be entertained.
(i) In case of incorporated company / society/charitable society/trust the request should be
supported by the Certified Copy of the Resolution of Board of Directors / Executives.
(ii) In case of registered partnership firm letter of authorization by its partners.
3. The allottee has to execute surrender deed, if lease deed/transfer deed has been executed
then all the original legal documents are to be surrendered unconditionally to the authority.
4. The date of surrender in above case shall be the date on which application is received at the
Single Window Portal on Nivesh Mitra. No subsequent claim on the basis of postal certification
will be entertained.
5. A cancelled cheque of allottee has to be submitted in the Authority.
3.6 Change in Constitution (CIC)/ Change in Shareholding (CIS)
3.6.1 Change in Constitution/CIC/CIS may be of two types as under:
i. Change from one status (i.e. Proprietorship, Partnership, LLP, Pvt. Ltd. Company, Public
Ltd. Company) to another on choice of Proprietor, Partners, and Shareholders with a view to re-
organize the business.
ii. Change within the status i.e. re-constitution of partnership firm by exclusion/retiring of some
partners and/or introducing/adding some partners.
3.6.2 Change in constitution may take place either voluntary or mandatory i.e. by the order of court or
change in law or due to death of Proprietor, Partner. Shareholders etc.
3.6.3 There shall be following important principles of CIC/CIS Policy:
3.6.3.1 In all voluntary cases (i.e. non-mandatory), there shall be restriction on change in
ownership/shareholding for more than 49% of holding patterns given at the time of allotment
 till unit becomes functional (in case of Industry) and till Completion of all phases in rest of
cases. All voluntary/non- mandatory CIC/CIS cases will be liable to pay CIC/CIS charges.
3.6.3.2 Mandatory CIC/CIS cases shall be:
a) Death of Proprietor/Partners/shareholder (on presenting/providing succession certificate of
civil court).
b) Amalgamation/ merger/takeover pursuant to any order/scheme of the competent
court/Tribunal Government order (not including voluntary amalgamation/ merger/takeover).
c) Change in law or other cases (Government order/YEIDA policies/Board decisions). In all
above mandatory cases no CIC/CIS charges will be applicable if so directed by competent
court/ Government order/ Board decision, as the case may be.
Further, above mandatory CIC/CIS shall not include any scheme of amalgamation, take over,
merger or demerger etc. are framed between two or more entities in the ordinary course of
business as part of their corporate/ business strategy, as it is a procedure of mere sanction to
such a scheme by the competent Authority/Tribunal/Court. In such case Standard Transfer
charges will be applicable
3.6.3.3 In non-mandatory CIC/CIS cases where CIC/CIS does not affect existing ownership/
shareholding then no CIC/CIS charges shall be applicable.
3.6.3.4 If there is only change in name of the business entity i.e. Proprietorship, Partnership, LLP, Pvt.
Ltd. Company, Public Ltd. Company, Society, Trust etc. (ownership/shareholding should not
be changed to any extent) then no CIC/CIS charges shall be applicable.
3.6.3.5 If there is only change of Directors of the Company i.e. Pvt. Ltd. Company, Public Ltd.
Company (ownership/shareholding should not be changed to any extent) then no CIC/CIS
charges shall be applicable.
3.6.3.6 If amalgamation/ merger/takeover in general or by way of invoking and transfer of pledged
shares whether it is voluntary or on request of allottee for business purpose then full CIC/CIS
charges shall be applicable.
3.6.3.7 The change in shareholding/ownership shall be considered as change in constitution.
Therefore there will not be separate policy for change in shareholding. All requests for change
in shareholding will be processed in accordance with policy of CIC/CIS.
3.6.3.8 In case of change in shareholding among Blood relation as prescribed below: Father, mother,
brother, sister, son, daughter, husband, wife & grandchildren, no CIC/CIS charges shall be
applicable.
3.6.3.9 In case of listed Company, any change in shareholding of promoters, shall be considered as
change in shareholding thereby CIC/CIS will be charged accordingly.
3.6.3.10 The CIC/CIS shall be done only in cases where the applicant produces No Dues from the
concerned departments of the Authority.
3.6.4 Charges in case of CIC/CIS:
3.6.4.1 Standard charges means charges equivalent to transfer charges (on current reserve price/
allotment rate & bid rate at the time of transfer, whichever is higher) prevailing at the time of
application. Full CIC/CIS charges i.e. standard charges shall be collected in all cases not
covering under 3.6.3.2 and all other relatives mentioned in 3.6.3.8
3.6.4.2 In case if CIC/CIS the CIC/CIS deed has to be executed within 90 days of the permission given
by the Authority.
a. Full CIC/CIS charges i.e. standard charges will be collected in all cases.
b. In case change in constitution is less than 100% of shares/holdings, the charges for CIC/CIS
shall be calculated on a pro-rata basis (Total CIC/CIS charges applicable X Percentage
change in shares). But change in shareholding should not be more than 50% of the whole
stake i.e. controlling stake, in such type of cases 100% i.e. full CIC/CIS charges will be
applicable because more than 50% stake transfer results in transfer of the whole
asset/property.
c. The Change in constitution shall not result in change in the ownership otherwise charges shall
be applicable.
d. When the shareholders/ partners change the ratio of their shares internally then charges will
be levied in gaining ratio of the shares.
e. In case of society, if society changes its general body members, shall be treated as change in
constitution and CIC/CIS charges shall be charged in accordance with as change in
shareholding in case of companies. However if terms & conditions of brochure/lease deed
does not allow the change, then change in member shall not be allowed.
f. In case of CIC/CIS/ CIS, Allottee will have to intimate YEIDA within 45 days of such changes
in CIC/CIS & CIS. After 45 days allottee has to pay Rs. 5000/- per month as penalty.
Procedure for Change in Constitution/Shareholding
3.6.5. Change in constitution may be allowed by CEO as per prevailing policy of the Change in
constitution of YEIDA on completion of required formalities as decided by the lessor from
time to time in the following manner along with Application and Processing fee of Rs.
10,000/-in the shape of a bank draft or online through Net banking, RTGS or NEFT:
3.6.5.1 The application for change in constitution from proprietorship to partnership, shall
come from the Lessee(s)/ Allottee(s) transferor(s).
3.6.5.1.1 Certified copy of the Partnership Deed, Form 'B' regarding registration of firm or any other
document to this effect issued by the Registrar. Form 'A' showing statement regarding name
of Partners, or any other document to this effect issued by the Registrar of firms of respective
State. Notarized affidavit stating the relationship of the incoming partners with the original
Allottee/ Transferee (in case exemption from payment of CIC/CIS charges is sought).
3.6.5.1.2 The application shall invariably be accompanied by the NDC (No Dues Certificate) from term
lending institution in case the property is mortgaged/under collateral security. Earlier
Permission to Mortgage will be cancelled and fresh PTM will be released.
3.6.5.2 For Changes within partnership, documents required shall be as follows:-
3.6.5.2.1 Supplementary deed in case of any new partner is introduced or any existing partner is
retired.
3.6.5.2.2 Dissolution deed if the firm is dissolved.
3.6.5.2.3 Form 'C' & revised Form 'A' issued by Registrar of firm or any other document to this effect
issued by the Registrar of firms of respective State.
3.6.5.2.4 Notarized affidavit stating the relationship of the incoming partners with the original Allottee/
Transferee (In case payment of subsidised CIC/CIS charges is sought.)
3.6.5.3 For changes within Pvt. Ltd. Company
3.6.5.3.1 Certified list of shareholder with shareholding percentage with value duly certified by
Chartered Accountant
3.6.5.3.2 List of Directors duly certified by Chartered Accountant along with relevant Form of R.O.C.
3.6.5.3.3 Board Resolution duly certified by the Chairman of meeting/CA.
3.6.5.3.4 Notarized affidavit stating the relationship of the incoming shareholders with the original
Allottee(s)/ Transferor(s). (In case payment of subsidised CIC/CIS charges is sought.)
3.6.5.4 For change from Proprietorship /Partnership to Pvt./ Company :
3.6.5.4.1 Memorandum and Article of Association (certified copy).
3.6.5.4.2 Certified copy of Certificate of Incorporation issued by Registrar of respective State
3.6.5.4.3 Certified list of Board of Directors and certified list of shareholders showing number of shares
and their value along with their addresses duly certified by Chartered Accountant.
3.6.5.4.4 Duly certified Board Resolution of Directors regarding taking over the entire business by the
Company from Proprietor /Partners. Also the resolution in favor of person authorized by the
Board of Director of the Company to correspond with the Authority
3.6.5.4.5 Notarized affidavit duly sworn and attested regarding the relationship of the
shareholders with the original Allottee (s). (In case payment of subsidised CIC/CIS charges
is sought.)
3.6.5.5 For change from Proprietorship /Partnership / Pvt. Ltd. To Public Ltd. Company:
3.6.5.5.1 Memorandum and Article of Association (certified copy).
3.6.5.5.2 Certified copy of Certificate of Incorporation issued by Registrar of respective State.
3.6.5.5.3 Certified list of Board of Directors and certified list of shareholders showing number of
shares and their value along with their addresses duly certified by Chartered Accountant.
3.6.5.5.4 Duly certified Board Resolution of Directors regarding taking over the entire business
by the Company from Proprietor /Partners. Also the resolution in favor of person authorized by
the Board of Director of the Company to correspond with the Authority.
3.6.5.5.5 In case of Public Ltd. Co., certified copy of Commencement of Business certificate
issued by Registrar of Companies is also to be submitted.
3.6.5.6 In case of changes in shareholding of promoters within Public Limited Company:
3.6.5.6.1 Certified list of Board of Directors and certified list of shareholders showing number of
shares and their value along with their addresses duly certified by Chartered Accountant.
3.6.5.6.2 Duly certified Board Resolution of Directors regarding taking over the entire business
by the Company. Also the resolution in favor of person authorized by the Board of Director of the
Company to correspond with the Authority.
3.6.5.7 If due to change in constitution, there is no change in legal entity of the lessee, fresh legal
documentation would not be insisted upon. However, if the allottee/ transferee themselves
need fresh documentation, they may do so at their own level in case the property is acquired by
way of transfer, and /or legal entity is changed by way of change in constitution, they would be
required to execute the transfer deed. Allex penses on account of legal documentation would be
borne by the allottee(s) transferee (s).
3.6.5.8 In case only name of incorporated company is changed and a certificate is issued in respect of
the same by R.O.C. then supplementary deed will be executed and duly registered for this
change in name.
3.6.5.9 Notarized affidavit stating the relationship of the incoming partners/shareholders with the
allottee(s)/transferee(s). The lessee/transferee will be required to execute changes of
shareholding deed with the sub-registrar for the percentage of change in the shareholding.
3.7 Construction
3.7.1 The Allottee/Lessee shall construct the building after getting proper approval of the building plan
from the concerned department of YEIDA in writing.
3.7.2 The Allottee/ Lessee shall complete construction within prescribed time limiti.e. 48 months from
the date of execution of Lease Deed.
3.7.3 The Allottee/ Lessee shall complete construction of buildings as per approved plans and obtain
completion/ occupancy certificate from YEIDA for minimum area as prescribed in Building
Regulations of the YEIDA at the time of allotment.
3.8 Maintenance
3.8.1 The Allottee/Lessee at his own expense will take permission for sewerage, electricity and water
connections from the concerned departments of YEIDA or from the competent authority in this
regard.
3.8.2 The Allottee/Lessee shall have to plan a maintenance programme whereby the entire demised
premises and buildings shall be kept:
a. At all times in a state of good condition and in good sanitary condition to the satisfaction of the
Lessor.
b. And to make available required facilities as well as to keep surroundingsneat and clean, good
and healthy and in safe condition at all times,according to the convenience of the in
habitantsoftheplace.
3.8.3 The Allottee/ Lessee shall abide by all Regulations, Building Regulations andguidelines of
YEIDA framed/issued under section 8, 9 and 10 or under anyother provisionsof the U.P.
Industrial Area DevelopmentAct 1976, asamended from time to time, and the rules made
therein. The allottee shallabideby the Real Estate (Regulationand Development) Act, 2016,
asamendedfromtimetotimeandthevariousrulesmadethereunder.
3.8.4 The Allottee/ Lessee shall not display or exhibit any posters, statues, otherarticles which are
repugnant to the morals or indecent or immoral and inconformity with the various laws and
policies, and the orders of Hon'bleSupreme Court of India and the Hon'ble Allahabad High
 Court. Furthermore,the allottee shall abide by section 3(1) of Real Estate Industrial Area
beforemarketing, advertising, selling in respect of the project. All the advertisementsand
marketing details for the project shall contain all such information aboutthe project that shall
enable the prospective consumer/customer in making aninformeddecisionabouttheproject.
3.8.5 The Allottee/Lessee shall not display or exhibitany advertisementor placardin any part of the
exterior wall of the building, except at a place specified for thepurposebytheLessor.
3.8.6 Incaseofnon-complianceoftermsandconditions/anydirectionsofYEIDA,CEO of YEIDA shall
have the right to impose penalty as it may consider justand/ orexpedientby explainin
gorrecordingthereasonsthereof.
3.8.7 If the maintenance work of any area is not found satisfactory according toYEIDA, the required
maintenance work will be carried out by YEIDA and all the expenses in
carryingoutsuchworkshallbebornebythe Allottee.
3.8.8 The Allottee at his own expense will take maintenance of patri alongside itspremises.
3.9 Mortgage
3.9.1
The mortgage permission shall be granted after payment of minimum 30% of the total Premium,
in favour of a scheduled Bank/Govt. organization/financial institution approved by the Reserve
Bank of India for the purpose of raising resources, for the outstanding and future dues of
authority, purchase of machines and construction on the allotted plot, provided the
allotment/lease of the plot is neither cancelled nor any show cause notice has been issued to
the Allottee/Lessee and has a valid time period for construction as per terms of the Lease Deed
or has obtained valid extension of time for construction as the case may be and has cleared up
to date dues of the plot Premium and Lease Rent.
3.9.2 YEIDA shall have the first charge on the plot towards payment of all outstanding dues.
3.9.3 In the event of sale or foreclosure of the mortgaged/charged property, YEIDAshall be entitled to
claim all dues YEIDA may recover not more than 50% or asdecided by the authority, of the
unearned increase in values of properties inrespect of the market value of the said plot as first
charge, having priority overthe said mortgage charge. The decision of the authority in respect of
themarket value of the said plot shall be final and binding on all the partiesconcerned.
3.9.4 YEIDA shall have right to the recovery of the unearned increase and the pre emptive right to
purchase the property as mentioned herein. It shall apply equally to involuntary sale or transfer,
be it bid or through execution of decree of insolvency from a court of law.
3.9.5 Documents required for obtaining Mortgage Permission, Application can
besubmittedalongwiththefollowingdocuments:-
3.9.5.1 NoduescertificateissuedbytheconcernedAccountsOfficer,oranundertaking by bank/institution
for payment of the total due amount directly toYEIDA.
3.9.5.2 A letter from bank/institution that the grant of loan is under consideration
3.9.5.3 Anaffidavitthatnounauthorizedconstructionhasbeendonebytheallottee.
3.9.5.4 Processing fee Rs 5,000/- with applicable GST is required to be deposited bythe
Allottee/LesseeincaseofMortgagepermissionissought.
3.9.5.5 A copy of the resolution passed by Board, in case of Company/Trust/ Societyetc.
3.9.5.6 In case of Allottee being a Partnership Firm, all partners shall be required tosign the application
for Mortgage, alternatively the signatory partner has toproduceanAuthority
Letter/PowerofAttorneytomovesuchanapplication.
3.9.5.7 Any other documents as required by the CEO or any authorized officer, YEIDAfromtimetotime.
3.9.6 Collateral security: The Lessee has to make full payment of total premium andother dues of plot
and make unit functional. The processing fee of Rs.5000with applicable GST has to be
deposited for the permission of collateralsecurity. An application along with bank challan of
deposited processing feeamount with applicable GST and letter of bank for permission of
collateralsecurityhastobesubmittedtoconcerneddepartmentofauthority.
Note: All the clauses mentioned under sub-clause 3.9 Mortgage, shall become a part of the Loan
Agreement signed between the Bank and the Lessee. The copy of the Loan Agreement shall
 be submitted to the Authority by the Lessee within 15 days of the execution of the Agreement.
3.10 Transfer of Plot (in respective category only)
3.10.1 An Allottee/Lessee will be allowed to sell/ transfer the plot allotted by the Authority in respective
category only to any other person who is eligible to apply as mentioned in Data Sheet.
i. Transfer shall be permitted only after the unit has been declared functional by YEIDA.
ii. In such cases, where cancellation has been made or are in process of cancellation, are not
eligible for transfer.
iii. Transfer of plot or reducing the shareholding from 51% shall be allowed only after the unit is
declared functional or retaining the allotted plot in the same entity upto 5 years whichever is
later from the date of allotment.
3.10.2 Application for transfer in respective category only shall be received on the prescribed Transfer
Application Form available from bank on payment, along with the transfer processing fee,
which shall be Rs. 10000/- or prescribed at the time of purchase with applicable GST to be
deposited in prescribed bank of Authority. One copy of deposited challan is to be submitted
along with transfer application form.
3.10.3 The Transfer application form should be duly filled along with the NOCs from various
departments i.e. Project division, no dues from the Accounts/ allotment department, last paid
electricity bill (In case all original as well as subsequent legal documents are submitted, then
NOC from Bank/ Financial Institution is not required).
3.10.4 Photograph &amp; signature of Transferor(s)/ Transferee(s) must be attested by the Bank
Manager on the application form itself. In case of companies, certified copy of Resolution of
Board of Directors authorizing the signatory for moving the transfer application should also be
submitted with application.
3.10.5 Both Transferor and Transferee must be competent to execute a contract on the date of
transfer application.
3.10.6 The plot shall be transferred for similar purpose in respective category only.
3.10.7 Transfer of partial area of plot shall not be considered.
3.10.8 Charges for Transfer in respective category only:
i. Transfer charges are @5% of the prevailing Premium amount of plot or the total premium of the
plot mentioned in the allotment letter whichever is more at the time of transfer.
ii. Transfer or/and Transferee should severally and/ or jointly satisfy themselves about the
overdue/ dues position from the concerned department of YEIDA.
iii. Transfer charges once deposited will not be refunded/ adjusted even in case of transfer does
not materialize due to dispute between the parties or withdrawal of transfer application. Once
the transfer application is submitted it can be withdrawn only with the consent of the transferor
and the Transferee. In case of dispute, orders of the competent court shall be required for
withdrawal of the
3.10.9 Once transfer is approved and the Transfer Memorandum is issued and transfer deed is
executed, all the assets and liabilities against the plot/unitwouldpassontotheTransferee.
3.10.10 Lease Rent will be charged @2.5% with applicable GST of the prevailing Premium or the total
premium of the plot mentioned in the allotment letter whichever is more with location charges,
on the date of issue of Transfer Memorandum subject to enhancement as envisaged in Lease
Deed/ Transfer Deed/ Transfer Memorandum. In case of one time Lease Rent facility has not
been availed.
3.10.11 In case of transfer of rights of a minor, orders of the District Judge are required regarding the
protection of interest of the minor.
3.10.12 Transfer of property by Allottee/Transferee directly or through registered GPA,tohis/her Blood
relation as prescribed below: Father, mother, brother, sister, son, daughter, husband, wife &
grandchildren, no CIC/CIS charges shall be applicable would be allowed without charges,
subject to payment of processing fee of Rs.10000/- with applicable GSTin respective category
only.
3.10.13 The transfer of industrial property is an act between Transferee(s)andtransferor(s) and as such
 any liens, claims, damages, compensation, adversecourt orders etc. arising thereof
subsequently would be the sole liability ofTransferee(s)andYEIDA
wouldremainindemnifiedagainstthesame.
3.10.14 The Allottee/ Lessee/ Transferee shall execute a Transfer deed, after paying the transfer
charges, within 90 days from the date of issue of the TransferMemorandumby YEIDA. A
certified copy shall be submitted toYEIDA after the registration of the same with the Sub-
Registrar.The Transfer Memorandumshall be part of the transferdeed executedbetween the
Transferor and the Transferee.In case transferor and Transferee fail toexecute transfer deed
within 90 days, transfer memorandum will automatically stand in-effective.
3.10.15 In case of transfer/ sale by financial institution under section-29 of State F i n a n c i a l
Corporation and by bank under SARFAESI Act, the application has to be moved by the financial
institutions/bank along with all NOC&#39;s required in the transfer application form. In such
case transfer charges at the rate of 10% with applicable GST of the sale value will be levied.
3.10.16 Issue of Mutation Letter: Application can be submitted by the Transferee at theconcerned
department along with the followingdocuments in respectivecategoryonly:-
i. AcertifiedcopyoftheTransferDeedduly executedbytheTransferor.
ii. Copy of challan against payment of transfer charges with applicable GST
intheAuthorizedbankshallberequired.
3.11 Misuse,Additions,Alterations,etc.
3.11.1 The allottee is bound to comply with the statutory mandate of Real Estate (Regulation and
Development) Act as and when it is applicable in respect of any and every alteration or
addition to the sanctioned plan and project specifications. The Allottee/Lessee shall not use the
plot for any purpose other than that for which it has been allotted /leased. The Allottee/Lessee
shall not be entitled to divide the plot or amalgamate it with any other plot. In case of violation of
the above conditions, allotment shall be liable to be cancelled and possession of the premises
along with structure thereon, if any, shall be resumed by the Authority. The allottee having no
right of claim or compensation thereof.
3.11.2 TheAllottee/Lesseewillnotmakeanyalterationoradditiontothesaidbuildingon the demised
premises, erect or permit to erect any new building on thedemised premises without the prior
written permission of the Lessor. In case ofany deviation from such terms of plan, he/she shall
immediately, upon receiptof notice from the Lessor requiring him to do so, correct such
deviations asaforesaid.
3.11.3 f the Allottee/Lessee fails to correct such deviations within a specified period of time after the
receipt of such notice, it will be lawful for the Lessor to cause such deviation to be corrected at
the expense of the Allottee/Lessee..
3.12 Indemnity
3.12.1 The Allottee/Lessee shall be wholly and solely responsible for the implementation of the Project
and also for ensuring the quality of development/construction, subsequent operations and
maintenance of facilities and services, till such time that an alternate agency for such work is
identified and legally appointed by the Allottee/Lessee. The Allottee/Lessee shall execute an
indemnity bond (on Annexure- D), indemnifying YEIDA against all disputes arising out of:
i. Thenon-completionofwork.
ii. Thequalityandvalidityofdevelopment,construction,operationsandmaintenance.
iii. Any legal dispute arising out of allotment, lease and/or sub-lease to the finalpurchaser.
3.13 LiabilitytoPayTaxes
3.13.1 The Allottee/Lessee will be liable to pay all rates, taxes, charges, user fee and assessment o f
every description imposed by any authority empowered in this behalf, in respect of the
plot, whether such charges are imposed on the plot or on the building constructed thereon,
from time to time.
3.14 Overriding Power over dormant properties
3.14.1 The Lessor reserves the right to all mines, minerals, coals, washing gold, earthoils,quarries in or
under the plot. The lessor has full right and power at anytime to do all acts and things which may
 be necessary or expedient for thepurpose of searching for, working and obtaining, removing
and enjoying thesame without providing or leaving any vertical support for the surface of
theplot(s) or for the structure time being standing thereon. The Lessor shall makereasonable
compensationto the Allottee/Lessee for all damages directlyoccasioned by exercise of the
rights hereby reserved. The decision of theCEO of YEIDA on the amount of such
compensationwillbefinalandbindingontheapplicant.
3.15 Cancellation
3.15.1 In addition to the other specific clauses relating to cancellation, the Authority shall be free
toexerciseitsrightsofcancellationofallotmentinthecaseof:
• Allotment being obtained through misrepresentations/ suppressionofmaterialfacts.
• Default on the part of the applicant/Allottee/Lessee for breach/violation of terms and conditions
of Registration/ Allotment/Lease and/ non-deposit of Allotment Money / non- deposit of three
consecutive installment money/use of plot for purpose other than for which it has been
allotted.
3.15.2 In the event of cancellation, under sub-clause (a) above, the entire deposits tillthe date of
cancellation shall be forfeited and possession of the Plots will beresumedby YEIDA/
lessorwithstructurethereon,ifany,andtheAllottee/Lesseewillhavenorighttoclaimcompensationt
hereof.
3.15.3 In the event of cancellation, under sub-clause (b) & (c) above, 20% of the totalPremium or the
amount deposited up to the date of cancellation, whichever istheleast,shallbeforfeited.
However, the amount deposited towards lease rent, interest, penal interest, extension charges
etc. shall not be refundable any stageandstructure if any, the allottee/lessee will have no right to
claim compensation thereof. DepositagainstLeaseRent, in terest on Lease
Rentanduptodatedues,LeaseRentandpenalty,ifanywillbeforfeited.

3.16 Restoration
3.16.1 YEIDA can exercise the power of cancellation of plots for breach of terms and conditions of
allotment /Lease Deed/ Transfer Deed. However, if the Allottee/ Lessee applies for restoration
of the plot, CEO of YEIDA can restore the plot, subject to the following conditions:
i. The application for restoration may be submitted to the authority within a period of 3 m o n t h s
from the date of cancellation.
ii. The decision about the restoration of the plots will be taken by the YEIDA within a period of 3
months after the date of application of restoration..
iii. The Allottee/Lessee would pay restoration charges at the rate of 10% ofthe total Premium with
applicable GST of the plot at current rate calculatedatthetimeofrestoration.
iv. The Allottee will have to make up to date payment, dues, penalties &interestetc.asapplicable.
v. The Allottee will submit project implementation schedule in the shape ofaffidavit. The maximum
timeallowedshallbetwoyears.
vi. The Allottee has to submit bank guarantee in the form of Performance Guaranteeof Project
ImplementationSchedulegivenbyhim,whichshallbe valid for a duration of 3 months more than
the Project ImplementationSchedule and the value of Performance Guarantee will be 10% of
theprevailingpriceoftheplots or the allotment rate of theplotmentioned in the allotment letter
whichever is more.
vii. IIf there is any court case pending before any court, it has to be withdrawn by the Allottee. All
legal expenses shall be borne by the Allottee.
viii. In case allotment had been cancelled due to non-permissible activities, the request for
restoration of the plot shall only be considered on submission of notarized affidavit for non-
carrying out the non-permissible activities. Further an inspection of the site about the
same will be done by YEIDA before restoration.
ix. In case of restoration in prepossession cases, the Allottee shall be required to get the unit
functional as per terms of the Lease Deed. In such case, they will have to comply with the
 clause as stated above.
3.17 Amalgamationandsub-division
Amalgamationandsub-divisionoftheplotshallnotbeallowed.
3.18 Incentive for early commencement of production by the unit, an incentive at the rate of
Rs. 50/- per sqm. will be given on the following conditions.
a. The unit has to start production within 18 months from the due date of execution of lease deed
intimated via letter of checklist.
b. A minimum 50% of the permitted covered area of the allotted plot has to be constructed.
c. The unit has to apply for production incentives within 6 months of the date of commencement of
production.
d. Under no circumstances any application for grant of incentive shall be entertained after the
period specified in clause (a) above.
e. The early-production incentive amount will be adjusted from the last due installments of the
premium. In case full payment has already been made, the incentive amount will be p a i d
through Net-banking/RTGS/NEFT.
3.19 Renting of Industrial Premises
a) The premises for which renting permission is sought should not be a cancelled one and
should have been declared functional through a written communication by the YEIDA.
Application simultaneously declaring the unit functional and grant of renting permission may,
however, be entertained.
b) Request for renting out part/full premises shall be entertained. For the purpose of part renting
the applicant has to clearly demarcate the portion of the building to be given on rent. He has also
to file an Affidavit specifying the position of capital subsidy or any other subsidy, having been
received or not and the premises having been mortgaged or not.
c) Renting permission is granted if:
i) Up-to-dateduesof YEIDA have been cleared.
ii) Lease deed/Transfer deed/Sale deed as applicable has been executed and registered and
certified copy is duly deposited with the office.
iii) NOC's of the term lending Institution (s), in case the industrial premisesismortgaged/ offer
edascollateral security.
iv) Bonafide lessee while making the request for renting would append a copy of the Project Report
of the proposed project of the tenant. Projects free from pollution &amp; environmental hazards
shall be considered. The projects shall not be on the banned list of Directorate of Industries, UP
or Development Commissioner, Small Scale Industries and YEIDA.
d) In case of discontinuation of tenancy the same would be taken on record after the lessee
surrenders the original renting permission letter.
e) In case of re-renting, the renting be deposited again as stated here below.
f) The condition of functionality and renting charges may be waived off in case the renting
permission is sought for a Group/Associate/ Sister/ subsidiary concern in which allottee/lessee
or their shareholders have jointly and/or severally minimum 51%shares.
g) YEIDA would not entertain any direct correspondence with the tenant at any stage However in
case tenant wants to apply for electricity connection in his own name he will have to produce
NOC in form of affidavit from the lessee/transferee.
h) The renting charges will be calculated on the basis of following:
i. Rs.100/-per Sqm. For the entire area of the plot for ten years for the first tenant.
ii. For 2nd, 3rd, and so on so forth for subsequent tenants renting charges will be enhanced @20%
of prevailing renting charges.
iii. The subsequent tenants will pay enhanced Renting charges@ 20% onprevailing renting
charges for the residual period beginning from thestart of first tenancy (for accounting purpose
period will be counted form1stAprilto31stMarchoftheyeari.e.financialyear).
i) Forallindustrialallotteesno.oftenantspermittedwouldbeoneforevery500 Sqm. Plot area and
charges for renting would be as per clause no. 'h'above.
j) If any tenant leaves tenancy before 10 years then for balance remainingperiod, permission can
be granted for new tenant on payment of 20% ofprevailing rate of renting charges for the entire
plot area and subject tofulfillmentofothertermsandconditions.
k) Each tenant and allottee will ensure compliance of all statutory rules and regulations of the
various Departments of both Central and State Government (e.g. Factory, Labour, Electricity,
Fire, Building Construction, Directorate of Industries, Pollution Control Board, Employees State
Insurance Corporation, Provident Fund etc.).
l) The rent permission can be granted for the period of 5 years also, therenting charges would
be50% of the charges mentioned in clause-'h'above.
m) The functional unit(s), after getting permission from the Authority to rentout the industrial
premises in part/full will get a rent deed executedwithin90 days compulsorily from the issuance
of the renting permission anddeposittherentdeedwithYEIDA.
3.20 Other Clauses
i. That the CEO reserves the right to make such amendments, additions, deletions and
alterationsin the terms and conditions of allotment, lease, building bye-laws as it finds
e x p e d i e n t a n d
suchamendments,addition,deletionandalterationsshallbebindingontheallottee/lessee.
ii. If due to unavoidable circumstances the authority couldnot allot the plot, the registrationmoney
deposited by applicant would be refunded in due course. However, no interest on thedeposits
willbepaidto the applicant.Excludingprocessingfees.
iii. If due to circumstances beyond the control of authority the possession of plot is nothandedover
to the allottee, the full amount deposited by the allottee would be refunded along with
thesimpleinterest at SBI saving bank’s rate.Excludingprocessing feesand penalty.
iv. In case of increase in the compensation/ex-gratia to farmers by the order of
Court/Govt./authority orotherwise,theincreasedamount on proportionate basiswill be
recovered from the allottee/ LesseeoftheLand.
v. In caseofanydisputein theinterpretation of any wordortermsandconditions
oftheallotment/lease, the decision of the CEO shall be final and binding on the allottee / lessee
and his / her /their successor.
vi. Theauthoritywillmonitortheimplementationoftheproject.
Applicantswhodonothaveafirmcommitment to implement the project within the time limits
prescribed are advised not to avail theallotment.
vii. That the lessee and his /her / their successors shall abide by the provisions oftheU.P.Industrial
Area Development Act 1976 (U.P. Act No. 6 of 1976) and such rules, Regulations
ordirectionsasaremade issuedthereunderfromtimetotime.
viii. Any dispute between the lessor and lessee shall be subject to the territorial jurisdiction of
CivilCourtsat GautamBudhNagarorthe HighCourtatAllahabad.
ix. The allotment will be accepted by the allottee on “As is where isBasis”. The allottee is advisedto
visitthe sitebefore submissionofapplicationform/interviewfor allotment.
x. Provisions related to the fire safety environmental clearance,NGT directives shall be observed
bytheallottee.NecessaryapprovalsshallbeobtainedfromtheCompetentAuthoritybytheallottee.
xi. In case a link road comes anywhere in the plot area, it shall beretained by the allottee
/lesseetillanalternate arrangementismade bythe authority.
xiii. AllarrearsduetotheLessorarerecoverableasarrearsoflandrevenue.
xiv. The lessee shall not be allowed to assign or change his role, otherwise the lease shall
becancelled andentiremoneydepositedshall beforfeited.
xv. The authority in larger public interest has the power to take back the possession of the
land/building by making payment at the prevailing rate after giving the allottee/lessee an
opportunityof being heard, the decision of the CEO of the authority shall be final and binding on
theallottee/lesseeinthisregard.
xvi. In the event of an increase in the cost of acquisition ex post facto acquisition, for the reasons
 ofordersmadebycourtsoflaw,orforanyotherreason,theallottee(s)oftheconcernedplot/parcel of
land shall be duty bound to share theincreased cost in such a ratioas
theauthority/lessormaydetermine.
xvii. Any clause not contained in this brochure or ambiguous, that shall be governed by the terms
and conditions of the industrial Brochures of YEIDA.
xviii. All payment of this scheme has to be made with applicable GST, GST will be over and above the
cost of premium, lease rent, penal interest, lease deed penalty, construction penalty etc.
xix. GST liability as applicable rates at the time of payment shall be borne by the allottee its self
under Reverse Charge Mechanism vide Notification N.13/2017 S.So 5,5A dated 28.06.2017
xx. Clause regarding first charge and security interest:-
The amounts payable pursuant to or in connection with or in relation to the allotment of the plots
(including but not limited to) the installment of the Premium, the lease rent, the interest, if any,
payable thereon. As also all other charges payable under the terms of allotment and the lease
Deed for the plot shall constitute and interest in the plot allotted and leased to the allottee, and
any claim on account of these amounts shall be the first charge on the plot. The Authority shall
have the lien over the sale proceeds of the said plot for the purpose of realization and recovery
of these amounts and the Authority’s claim for the said amounts shall have priority over any
other claim against or charges over the said plot.
xxi. CLAUSES REGARDING EVENTS OF DEFAULT AND TERMINATION
1. EVENTS OF DEFAULT
The occurrence of any of the events specified shall constitute an event of default
(the "Events of Default").
(i) Payment and Other Defaults
(a) Any default by the Allottee in payment of any instalment of the Premium and Lease Rent on the
respective due dates.
(b) Any default by the Allottee in the making of any interest payment under the terms of allotment
and the Lease Deed on the respective due dates.
(c) Any default has been committed in the payment of any other due payable pursuant to the terms
of the allotment or under the terms the Lease Deed on the respective due dates.
(d) Creation or any attempt to create any security interest over the Plot or any part thereof which
inconsistent with or in derogation of the Authority's first charge thereon.
(e) The Allottee has sold, disposed of, charged or encumbered or alienated the Plot except as
otherwise permitted under the terms of allotment and the lease.
(f) Failure to notify the Authority in terms of Clause 1.2 below.

(ii) Proceedings
Insolvency Proceedings
(a) Filing of application or petition for initiation of insolvency proceeding under any provision of
Insolvency and Bankruptcy Code by the Allottee or its creditor(s)
Other Proceedings
Any legal proceedings is initiated or any order is obtained in relation to
(b) The suspension of payments, a moratorium of any indebtedness, bankruptcy, insolvency,
dissolution, administration, provisional or reorganization (by way of voluntarily arrangement,
scheme of arrangement or otherwise) of the Allottee.
(c) The appointment of a liquidator, receiver, administrator or other similar officer in respect of the
Allottee.
(d) Any analogous procedure or step is taken in any jurisdiction.
(e) Commencement of an insolvency resolution process under the Insolvency and Bankruptcy
 Code in respect of the Allottee.
2. CURE AND TERMINATION
Upon occurrence of any of the Events of Default, the Allottee shall immediately notify the
Authority. Upon such notification, if in the opinion of the Authority the Event of Default is such
that it can be cured or rectified or remedied to the satisfaction of the Authority, it may allow the
Allottee to cure the default within the time prescribed by it ("the Cure Period").
In the event Allottee fails to cure the default in terms in the Cure Period, or the default is such that
in the opinion of the Authority it is not capable of cure, the Authority may forthwith terminate the
allotment and the Lease for the Plot.

The Authority's right to terminate the allotment and the Lease hereunder is in addition to and
without prejudice to the rights and remedies available to it under the UP Industrial Development
Act and the rules and regulations made thereunder.
%
Based on Audited Accounts and other relevant documents, we M/s...............................................,
Chartered Accountants/Statutory Auditors, for the applicant having GST upto 31-03-2023 is Rs
.......................
I certify that the above information is correct.

Signature & Seal of Statutory Auditors / Chartered Accountant

Membership No. _________________
UDIN_____________
4.4 Liquidity Certificate.
This is to certify that M/s…………………………………………………………..maintaining Current
Account/saving Bank Account / FDR / Other Deposit Account
Nos………………………………………………………………… with us, having liquidity of Rs.
…………………………….…………….as on ……………………………………………..

Name of the Bank Officer with designation

(with rubber stamp)

Note:-
1. Separate certificate for each company / firm / society / trust / individual to be submitted.
2. Liquidity Certificate of Schedule/Nationalized Bank should not be more than 6 months old from the
date of submission of application.
4.5 Annexure-(A)

(To be furnished on non-judicial stamp paper of Rs.100/- duly attested by notary public, by the sole
Applicant or by Each Member/ partner/share-holder(s)).

Affidavit
I _________________ s/o _____________ Aged _____ years ______________ proprietor/owner /
director/partner/ authorized signatory

of_________________________ r/o____________________________ do hereby solemnly affirm

and state as under:

That I am the proprietor/owner/director/ partner/ authorized signatory of______________________,

and competent to swear and submit the following:
1) That the Unit product does not fall under polluting categories.
2) That the Company /Firm will get NOC/Consent from U.P. Pollution Control Board, Udyog Aadhar
Memorandum and other clearances from concerned department of U.P. Govt.
3) That the deponent has read and understood the terms & conditions given in the brochure. It is
mandatory to submit the above documents to the Authority before the execution of the Lease
Deed and if the Deponent fails to submit the above documents, he alone would be responsible for
the consequences resulting there from.
4) That the Deponent also understands the consequences that non-submission of the above
documents may also lead to cancellation of his candidature/ allotment of the land for which he has
applied.
5) The deponent declares that no unauthorized construction shall be made on the allotted plot.
6) If the Deponent fails to make unit functional within 48 months from the due date of lease deed
execution, the Authority will be free to cancel the allotted plot/lease deed and may resume
possession of the plot.
7) That the Deponent assures and declare that in case of violation of any terms and conditions or any
directions issued by the Authority , the CEO will be free to take any decision as it deem fit and
appropriate.
8) The Deponent declares that I am not defaulter against any other property allotted to me in YEIDA.
If it is found false at any stage it may lead to cancellation of my candidature or allotment of the plot.
That the information given in the application is true and correct and if any part of it is found to be false or
concealed, the Authority will have right to cancel

1) the plot irrespective to the deposit of money till that stage when the malafide is revealed.
Deponent

I ______________________________________, the Deponent swear and declare that para 1 to 9 of

the above affidavit are true and correct to my best of knowledge and no part of it is false or
concealed.

Deponent
Place :

Date:
4.6 Annexure B
(Use separate sheet for each Promoter / Director / Partner/ Proprietor)

1. Name of Promoter/Director/Partner/Proprietor ________________________

2. Father's /Husband's Name_______________ Age ______________________
3. Address: Office _____________________Residence___________________
4. 4.Phone No(s)/Mob No: ___________ FaxNo(s)______________________
5. E-mail________________________________________________________
6. PAN number and Aadhaar number__________________________________

7. Work Experience ___________________________________Years

Verification
The particulars given above pertain to me and are true to the best of my knowledge and belief. I
and / or any of my units stated above are not defaulters of any financial institution(s)
/banks(s)/Noida /Greater Noida.

Date: Signatory must be the promoter/ Director / Partner/Proprietor

Place: to whom the above details pertain.
NOTE:
No correspondence shall be made with applicants, whose application(s) are rejected
/unsuccessful. However, their registration money would be refunded by Authority through e-
banking/RTGS/NEFT without any interest if the period of deposit of such money with YEIDA is
less than 1 year. However, if the period of deposit is more than 1-year simple interest at SBI saving
bank's

1. interest rate per annum shall be paid for the period of deposit extending 1(one) year.
2. In case of any conflict/dispute the decision of the Chief Executive Officer, Yamuna Expressway
Industrial Development Authority shall be final and binding on the applicant(s).
4.8 Annexure- D

Yamuna Expressway Industrial Development Authority

INDEMNITY BOND (To be furnished on non-judicial stamp paper of Rs. 100/- duly attested by
notary public)

Indemnity Bond For Ensuring The Quality Of Development/Construction

This Indemnity Bond is executed on …… day of ……..…. 2024 by Mr./Mrs. ………….. in favour of
Yamuna Expressway Industrial Development Authority (A body constituted under section-3 of the
Uttar Pradesh Industrial area development Act 1976). Here in after referred to as Authority show
as under …………………….........................
The Allottee/Lessee shall be wholly and solely responsible for the implementation of the Project
and also for ensuring the quality of development/construction, subsequent operations and
maintenance of facilities and services, till such time that an alternate agency for such work is
identified and legally appointed by the Allottee/Lessee. The Allottee/Lessee is executing this
indemnity bond, indemnifying YEIDA against all disputes arising out of:-
i. The non-completion of work.
ii. The quality and validity of development, construction, operations and maintenance.
iii. Any legal dispute arising out of allotment, lease and/or sub-lease to the final purchaser.
Now therefore this indemnity Bond is executed and I the above named allottee/lessee hereby
agree to indemnify the authority against all claims, losses of damages or claims which may be
preferred by any other person on the basis of any document executed by me.
I, therefore, execute this Indemnity Bond in favour of the Authority in presence of the following:-

1. Witness

2. EXECUTANT

4.9 Annexure-E

1. Quantifiablepermanent employment with maximum guaranteed numbers employed by

theproposed industry. Also show here an approximate expenditure on wages and salaries at
fullproduction level.
2. A plan by the concerned company for utilizing the land area, such that they are not seeking
excessive rent by getting cheaper land far in excess of their actual proposed investment cycle.
So, what they will put up in 2-3 years/3-5 years /5-7 years. If they speak of a 20 years
requirement, then of course, the land cost would have to be graded upward.
3. To bring out the number of types of ancillary & downstream units and their approximate (i)
manufacturing value (ii) employment generation (iii) in turn what they are likely to spend in the
local area on wages and salaries.
4. The taxes and other benefits which will flow to the State Government from the setting up of such
a mother company / anchor industry.
5. The expenditure in the local area and how it supports the local economy, whether through
housing or monthly expenditure.
6. The company submitting the DPR should cover the above features and the additional e.g.
bringing high technology.

4.10 Annexure-F
1. Background and Project Rationale
2. Investment outlay:-
i. Cost of Project and Means of Financing.
ii. Bill of Materials/Capex Details including MEP
3. Project Execution Strategy
4. Technology/Technology Partner details
5. Project Financials
6. Implementation Details
7. Risk impact analysis
8. Business Case
9. Infrastructure Details

Note: Any other industry /project allowed through central or state government policies /orders
relevant to YEIDA shall also be applicable.
Yamuna Expressway Industrial Development Authority
(U.P. Government Undertaking)
1st Floor, Commercial Complex, Block-P-02, Sector Omega-1, Greater Noida - 201308, Distt. Gautam Budh Nagar, U.P.
Toll Free No.: 18001808296 Website : www.yamunaexpresswayauthority.com