BROCHURE DOWNLOAD FEE:
INR 2,100/- (Including GST)
GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY
Plot No: 01, Knowledge Park IV, Greater Noida, Uttar Pradesh 201310
SCHEME FOR
COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
SCHEME CODE:
CSK-19/2020
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
i
Table of contents
Table of contents ................................................................................................................................................. i
Data sheet ........................................................................................................................................................... 1
1 Section I: Instructions to the Applicants ....................................................................................................... 3
1.1 Definitions: ........................................................................................................................................... 3
1.2 Eligibility Criteria .................................................................................................................................. 4
1.3 How to apply & Acceptance of Bid ...................................................................................................... 5
1.4 Language and currency ....................................................................................................................... 6
1.5 Applicant’s responsibility...................................................................................................................... 6
1.6 Documents required with Application Form ......................................................................................... 6
1.7 Extension of time limit for deposit of Allotment money ........................................................................ 6
1.8 Payment options & schedule ............................................................................................................... 6
1.9 Change in the name of applicant ......................................................................................................... 7
1.10 Unsuccessful applicants ...................................................................................................................... 8
2 Section II: General terms and conditions ..................................................................................................... 9
2.1 Execution of Lease Deed..................................................................................................................... 9
2.2 Lease Rent .......................................................................................................................................... 9
2.3 Location charges ............................................................................................................................... 10
2.4 Possession of the Shop/Kiosk ........................................................................................................... 10
2.5 Variation in actual area of allotted Shop/Kiosk .................................................................................. 10
2.6 As is where basis/ Lease period ........................................................................................................ 10
2.7 Surrender ........................................................................................................................................... 10
2.8 Change in Constitution (CIC) ............................................................................................................. 11
2.9 Change in Shareholding (CIS) ........................................................................................................... 11
2.10 Transfer of Shop/ Kiosk ..................................................................................................................... 11
2.11 Maintenance ...................................................................................................................................... 11
2.12 Mortgage ............................................................................................................................................ 12
2.13 Issue of Mutation Letter ..................................................................................................................... 12
2.14 Misuse, Additions, Alterations, etc. .................................................................................................... 12
2.15 Indemnity ........................................................................................................................................... 12
2.16 Liability to Pay Taxes ......................................................................................................................... 13
2.17 Overriding Power over Dormant Properties....................................................................................... 13
2.18 Consequences of mis-representation ................................................................................................ 13
2.19 Cancellation of Lease Deed .............................................................................................................. 13
2.20 Restoration ........................................................................................................................................ 14
Functional .............................................................................................................................................. 14
2.21 ................................................................................................................................................................ 14
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
ii
2.22 Other Clauses .................................................................................................................................... 15
3 Annexures Technical forms .................................................................................................................... 17
3.1 Application form ................................................................................................................................. 17
3.2 Format for affidavit ............................................................................................................................. 19
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
1
Data sheet
#
Head
Details
1.
Date of issue of the
scheme brochure
As mentioned in the portal
2.
Date of closure of the
scheme/last date of
submission of
application form
As mentioned in the portal
3.
Date of Opening of
Bids
As mentioned in the portal
4.
Contact person,
designation and
contact details
(address and phone
nos.) in the Authority
office
Commercial Department
Greater Noida Industrial Development Authority
Plot No: 01, Knowledge Park IV, Greater Noida
Uttar Pradesh 201310
Phone No: +91-120 2336030
Website: www.greaternoidaauthority.in
5.
Allotment method for
the scheme
e-Auction
6.
Availability of scheme
brochure (GNIDA)
Downloadable from the Authority’s website
www.greaternoidaauthority.in
https:// etender.sbi
7.
E-Brochure
Document Fee
INR 2,100/- (Including GST)
8.
Processing Fee
15,000/- (Including GST)
9.
Earnest Money
Deposit
Earnest Money Deposit specific for a particular Shop and Kiosk is as per the
details given in the Scheme Document
10.
Allotment Money
30 percent of total Premium/cost of the shop/ kiosk after adjusting earnest
money within 60 days of issuance of Allotment Letter without interest.
In case the due Allotment Money, as mentioned above, is not deposited within
the stipulated period, the allotment of shop/ kiosk shall be cancelled, and
money deposited as Earnest Money shall be forfeited.
11.
Payment options
Option 1: 100% within 90 days from the date of issue of Allotment letter
Option 2: 50% within 60 days from the date of issue of Allotment letter and
balance amount i.e. 50% of the total premium of the shop/kiosk in 2 years. The
50% amount shall carry interest @ 11% per annum.
Option 3: 30% within 60 days from the date of issue of Allotment letter and
balance amount i.e. 70% of the total premium of the shop/kiosk in 4 years. The
70% amount shall carry interest @ 11% per annum.
12.
Mortgage permission
fee
As per the prevailing policy of the Authority, at the time of submission of
Permission to Mortgage request letter by the Allottee and after payment of the
prescribed Fees/charges.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
2
#
Head
Details
13.
Transfer
Transfer of shop/kiosk may be allowed by the GNIDA as per the prevailing
policy of the Authority at the time of submission of transfer request letter by the
Allottee after the following:
i) payment of prescribed fees/charges,
ii) clearance of all up to date dues, and
iii) overdue installment towards premium of shop/kiosk.
14.
Period of lease
The allotment of Shop/ Kiosk will be made on leasehold basis for a period of
90 years from the date of execution of Lease Deed.
15.
Location charges
Not Applicable
16.
Rate of annual Lease
Rent
2.5% of the total premium of the Shop/ Kiosk to be increased by 50% every
ten years.
17.
Reserve Price
Reserve price specific for a particular Shop/ Kiosk is as per the details given in
the Scheme Document
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
3
1 Section I: Instructions to the Applicants
1.1 Definitions:
The key definitions for the purpose of this scheme document are as follows:
i. “Authority” means the Greater Noida Industrial Development Authority
ii. Authorised Bank” implies the bank that has been identified by the Authority
iii. Allotment letter is the letter issued by the Authority to the Allottee confirming the allotment under
a particular scheme for which application was submitted
iv. 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
v. Allottee is the person whose application for allotment has been approved by the competent
officer
vi. “Allotment committee” is a committee constituted at the Authority for reviewing the applications
received for allotment under the advertised scheme.
vii. “Applicant/Bidder” is the person/entity who has submitted response to this tender document
viii. Building Byelaws/Regulations” as notified by the Authority for development of land and
construction of buildings
ix. “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
x. “Consortium” refers to the group of entities (not exceeding 5) jointly submitting the tender/proposal
as a Tenderer. Each of the members of the Consortium shall individually be referred to as
“Consortium Member”.
xi. “Day” means calendar day
xii. Functional certificate refers to the certificate issued by the concerned department in Authority to
declare the unit as functional/operational
xiii. “Government” means the Government of Uttar Pradesh
xiv. “Lead Member” means
a. where the Applicant/Tenderer is a Consortium, the Consortium Member having at least 30%
stake in the Consortium, meeting the Eligibility Criteria, either by itself or through one of its
Affiliate and designated as the “Lead Member” of such Consortium by all the Consortium
Members.
xv. “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 pre-
operative 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/ LLP 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 an Individual: Net Worth statement (relating to application made by proprietorship
firm) certified by the applicant’s statutory auditors/ Chartered Accountant along with certified true
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
4
copies of income tax / wealth tax returns with all its enclosures as submitted to Income Tax
Authority, should be submitted.
d. In case of a Trust: Corpus fund and General Fund taken together shall be considered as Net
Worth of the Trust.
e. In case of a Society: Corpus fund and General Fund taken together shall be considered as Net
Worth of the Society.
f. In case of a New Company: Net Worth of promoters/ Directors
xvi. Lease Rent is the amount paid by the Lessee to the Lessor as rental against the property
allocated to the Lessee
xvii. Lease Deed is a contractual agreement by which Lessor conveys a property to Lessee, for a
limited period, subject to various conditions, in exchange for Lease Rent, but still retains
ownership.
xviii. Lessee is the person/entity who holds the lease of a property or tenant
xix. Lessor refers to a person/entity who leases or rents a property to another; the owner which in
this case is GNIDA.
xx. “Transfer Deed” is a contractual agreement by which a property (herein shop/kiosk) is transferred
from its legal Lessee to another party .
xxi. “Occupancy certificate” refers to the certificate issued by the Authority on completion of the
building construction as per provisions of Building Regulations
xxii. Sub-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.
xxiii. Mutation letter is the letter issued by competent Authority for change of name on a property
xxiv. “Reserve Price” is the minimum price as determined by the Authority for this scheme/property and
would act as the base price at which the bidding starts.
xxv. “Total Premium of the Shop/ Kiosk is the total amount payable to the Authority calculated as the
quoted bid price per sqm multiplied by the total area of the Shop/ Kiosk. (GST and Taxes if any is
over and above this premium and are not included in the definition of Total Premium).
xxvi. “Authorized Signatory” Officer or representative vested (explicitly, implicitly, or through conduct)
with the powers to commit the authorizing organization to a binding agreement.
1.2 Eligibility Criteria
1.2.1 Any person, trust, firm, company or registered co-operative society may submit bid for one
or more than one shop/kiosk.
1.2.2 In case of application on behalf of an individual he/she is required to submit a copy of
Aadhar card, PAN card, Passport, Driving License etc.
1.2.3 A separate application shall be required to be submitted for each shop/kiosk.
1.2.4 The Tenderer should be competent to submit the tender and enter into contract.
1.2.5 10 (ten) percent of the total number of kiosks in this scheme are reserved for the villagers
of Greater Noida whose land has been acquired by Greater Noida Industrial Development
Authority.
Note: The applicants for reserved kiosks must submit true certified copy of the eligibility
condition:
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
5
1.2.6 In case of villager’s category, proof of land acquired by GNIDA.
1.3 How to apply & Acceptance of Bid
1.3.1 Interested parties will need to register and obtain user ID and password on the portal and
thereafter deposit non-refundable and nonadjustable E-Brochure document fees of INR
2,100/- and Processing Fees of INR 15,000/- separately against each property for
participation in the e-auction through online payment on or before date as mentioned on
the portal. GNIDA will not be responsible for any payment after that and bid will not be
considered.
1.3.2 It will be the sole responsibility of the bidder/participant to obtain a compatible computer
terminal with internet connection to enable him/her to participate in e-bidding process any
reasons thereof. Ensuring internet connectivity at the bidder’s end shall be the sole
responsibility of the bidder. Any request/complaint regarding the connectivity of internet at
the bidder’s end will not be entertained in any form and shall not be basis of cancellation of
the bidding process.
1.3.3 Group of shops/kiosks having the same size and same earnest money, are likely to be put
up for e-auction on a day. Bidder is required to deposit a separate EMD for each
advertised property.
1.3.4 The Authority may without assigning any reason withdraw any or all the sites from the e-
auction at any stage and is not bound to accept the highest bid or all bids even if they are
above the reserve price.
1.3.5 Authority reserves the right to accept or reject any or all the bids or cancel/postpone the e-
auction without assigning any reason.
1.3.6 Bidding will not be permissible below the reserve price/allotment rate of the shop/kiosk.
1.3.7 If the bidding continues till the last 5 minutes of the scheduled/extended closing time of
auction, in such case, the bidding time shall be automatically extended for further 15
minutes from the last Bid.
1.3.8 Post registration, e-bidder shall proceed for login by using his ID and password. Bidder
shall proceed to select the event he is interested in. the e-bidder would have following
options to make payment towards e-brochure fees, processing fees and EMD through
valid:
A.
Credit Card
: For document download fee and processing fee
B.
Net Banking
: For document download fee, processing fee
and EMD
C.
NEFT
: For document download fee, processing fee
and EMD
D.
RTGS
: For EMD
E.
Branch Option (SBI Cheque) at SBI
branch
: For document download fee, processing fee
and EMD
1.3.9 Incomplete bid documents will not be considered.
1.3.10 The Bidder/Applicant cannot withdraw the offer/ bid once made.
1.3.11 The qualification Bids shall be opened by the Committee constituted for this Purpose by
GNIDA.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
6
1.3.12 After verification of related documents upload by the highest Bidder/Applicant, allotment
letter to the successful highest Bidder/Applicant will be issued by GNIDA within 30 days of
the closure of auction.
1.3.13 Portal for e-auction https://etender.sbi can also be accessed through a link at GNIDA
website www.greaternoidaauthority.in
1.3.14 Customer Care for technical support on registration, deposit of fees, e-auction etc. Phone:
022-22811110 email: etender.support@sbi.co.in
1.3.15 For further inquiries contact: Office of the Desk Officer Commercial Department, Plot No.
1, KP IV, Greater Noida, Uttar Pradesh 201301 between 10.00 AM to 02.00 PM.
1.3.16 The GNIDA may, without assigning any reason, add one or more Shop/ Kiosks in the
scheme and/or withdraw any one or all of the Shop/ Kiosk s from the scheme at any
stage. The size of the Shop/ Kiosk may be increased or decreased.
1.3.17 The GNIDA may accept or reject any offer, including the highest bid or cancel the scheme,
and its decision in this behalf shall be final and binding on the Bidders/Applicants.
1.3.18 There will be no correspondence on issues/grounds raised in Disqualified Bids.
1.4 Language and currency
1.4.1 The document and all related correspondence for this scheme shall be in English
language. The currency for the purpose of this scheme shall be Indian National Rupee
(INR).
1.5 Applicant’s responsibility
1.5.1 It is deemed 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.
1.5.2 GNIDA shall not be liable for any mistake or error or neglect by the Applicant.
1.6 Documents required with Application Form
1.6.1 Documents as per section 1.2, duly signed by the applicant and certified by Chartered
Accountant on each page, should be enclosed with the application form for registration.
1.7 Extension of time limit for deposit of Allotment money
1.7.1 No extension regarding time period will be allowed for the deposit of allotment money. In
case of default in payment, the allotment letter will be cancelled and the earnest money
will be forfeited by the Authority.
1.8 Payment options & schedule
1.8.1 Option 1: Applicant has option to make full and final payment of the total premium of the
shop/kiosk within 90 days from the issue of Allotment letter. In such case, 5% rebate will
be given on the total premium of the Shop/ Kiosk. The 90 days will include the date of
issue of Allotment letter.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
7
1.8.2 Option 2: Applicant has option to pay 50% of the total premium of the shop/kiosk
(including 10% earnest money) within 60 days from the issue of Allotment letter and has to
pay balance amount 50% of the total premium of the shop/kiosk in 2 years in 4 half-yearly
installments. The applicable interest rate for installments shall be @11%. In such case a
2% rebate will be given on the total premium of the shop/kiosk adjusted in the last payable
installment.
1.8.3 Option 3: Applicant has option to pay 30% of the total premium of the shop/kiosk
(including 10% earnest money) within 60 days from the issue of Allotment letter and has to
pay balance amount 70% of the total premium of the shop/kiosk in 4 years in 8 half-yearly
installments. The applicable interest rate for installments shall be @11%.
1.8.4 Other conditions:
i. The Bidder has to give his option for the payment plan along with the bid.
ii. Payments can be made with any of the listed banks via DD or online through
Authority’s website GNIDA
iii. The Allottee shall be liable to pay stamp duty (Stamp duty calculation should also be
verified from the concerned sub registrar, Gautam Budh Nagar) for execution of the
Lease Deed in treasury of district Gautam Budh Nagar and should produce a
certificate to the affect in relevant department at GNIDA within 180 days from the issue
of allotment letter.
iv. After depositing the installment with the designated scheduled bank, the Allottee shall
intimate the same to GNIDA through a written intimation along with the copy of challan
of amount deposited or through an email.
v. In case of default in making payment of installment money, the Allottee/Lessee would
be required to pay additional interest at a rate 03%p.a. (Total 14% p.a.) for the
defaulted period. The defaulted amount will be compounded half yearly.
vi. In case of default in payment of three consecutive installments, allotment/lease may
be cancelled by the Authority. However, in exceptional circumstances an extension of
time for payment of installment may be granted by the CEO for which Allotte/Lessee
shall pay default interest@14% p.a. compounded every half yearly instead of 14%
compounded yearly for the entire default period.
vii. The payment made by the Allotte/Lessee will first be adjusted towards the penal
interest & interest due, if any, and there after the balance will be adjusted towards the
Lease rent payable and then towards premium due.
viii. The Allotte/Lessee shall not claim/entitled for any benefit/ relaxation on the ground that
the contiguous land has not been made available/handed over. In such an event, the
due date of payment of installment shall not be changed in any case and
Allotte/Lessee shall have to pay due installment along with interest on due date.
ix. In case of any increase in the rate of land acquisition/land purchase cost/ex-gratia/No-
litigation incentive to the farmers by order of the Court, by the Authority or by the State
Government or by way of any settlement, the Allotte/Lessee shall be bound to pay the
additional amount proportionately as the cost of the land and all the terms and
conditions prevalent at the time of allotment shall be applicable.
1.9 Change in the name of applicant
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
8
1.9.1 Change in name of applicant shall not be allowed for individual applicants. In case of a
Company/Firm applicants may change their name as per the provisions of the Companies
Act and Partnership Act respectively. This change would be subject to policy of GNIDA
and payment of charges.
1.10 Unsuccessful applicants
1.10.1 The earnest money of unsuccessful applicants shall be returned to them without interest.
However, if the period of deposit is more than one-year, simple interest @ 4%p.a. shall be
paid for the period of deposit exceeding 1(one) year.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
9
2 Section II: General terms and conditions
2.1 Execution of Lease Deed
2.1.1 Execution of Lease Deed/Sub Lease Deed(s) can be done only after a minimum payment
of 30% of premium and one-year Lease Rent, in advance.
2.1.2 The Allottee will be required to execute the Lease Deed of the shop/ kiosk within 30 days
from the date of issue of check list which shall be issued soon after the acknowledgement
of receipt of allotment letter and payment of the dues in accordance with the payment plan
opted by the Allottee. In case of failure to do so, the allotment of shop/ kiosk may be
cancelled and 30% of the premium (tendered amount) of the Shop/ Kiosk & any charges,
interest and any other penalties may be forfeited.
2.1.3 However, in exceptional circumstances, the extension of time for the execution of the
Lease Deed and taking over possession may be permitted as per the prevailing policy of
the Authority at the time of submission of extension request letter by the Allottee and after
payment of prescribed fees/charges. The current extension charges of the Authority for
reference of the Applicant are as follows:
1
First 6 Months
2
Second 6 Months
3
Third 6 Months
4
Fourth 6 Months
After that
2.1.4 Documentation charges: All cost and expenses of preparation, stamping and registering
the legal documents and its copies and all other incidental expenses will be borne by the
Allottee, who will also pay the stamp duty levied on transfer of Immovable property, or any
other duty or charge that may be levied by any Authority empowered in this behalf.
2.1.5 Period of lease: 90 years from the date of execution of Lease Deed.
2.2 Lease Rent
2.2.1 In addition to the premium of Shop/ Kiosk, the lessee shall have to pay yearly Lease Rent
in the manner given below.
i. The Lease Rent will be 2.5% of the premium of the Shop/ Kiosk per year for the first
10 year from the date of execution of the Lease Deed.
ii. After ten years from the date of execution of the Lease Deed, the Lease Rent shall be
automatically increased @50% and the rate will be applicable for the next ten years
and this process of enhancement will continue for future.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
10
iii. The Lease Rent shall be payable in advance every year. First such payment shall fall
due on the date of execution of Lease Deed and thereafter, every year, on or before
the last date of previous financial year.
iv. In case of failure to deposit the due Lease Rent by the due date, interest will be
charged @14% p.a. compounded half year, on the defaulted amount and for the
defaulted period.
v. The Allottee/ Lessee has the option to pay lease rent equivalent to 11 years lease rent
(i.e. 11 years @2.5% = 27.5% of the total premium of the Shop/ Kiosk) as One Time
Lease Rent unless the Authority decided to withdraw this facility. On payment of One-
Time Lease Rent, no further annual lease rent would be required to be paid for the
balance lease period, this option may be exercised at any time during the lease period,
provided has no outstanding lease rent arrears. It is made clear that lease rent already
paid will not be considered for adjustment in the amount payable towards One Time
Lease Rent.
2.3 Location charges
2.3.1 Location charges Not applicable.
2.4 Possession of the Shop/Kiosk
2.4.1 Possession of allotted shop/kiosk will be handed over to the Lessee/Sub-Lessee(s) upon
execution of Lease Deed(s).
2.4.2 Execution of Lease Deed(s) can be done only after a minimum payment of 30% of
premium and one-year Lease Rent, in advance. On the date of execution of the Lease
Deed there remains no outstanding amount payable to the GNIDA whether on account of
installment towards the premium or any account head whatsoever.
2.4.3 For the purpose of payment of Lease Rent and other statutory or scheme compliance,
possession shall be deemed from the due date of execution of Lease Deed and not more
than 60 days from the issuance of checklist. In case possession is not taken by Allottee
within 30 days of execution of lease deed than a charge of INR 10 per Sqm per day shall be
payable by the Allottee.
2.5 Variation in actual area of allotted Shop/Kiosk
2.5.1 The Area of the commercial Shop/ Kiosks stated in the brochure is approximate, the
tenderer whose tender is accepted, shall have to accept any variation, up to 10% either
way in the area of the commercial shop/ kiosk, for which the tender has been offered. The
premium of the commercial Shop/ Kiosk will accordingly be calculated due to such
variation in the area.
2.6 As is where basis/ Lease period
2.6.1 The Shop/ Kiosks are offered for allotment on a “as is where is basis” on a lease for a
period of 90 years starting from the due date of execution of the Lease Deed. The Allottee
shall be responsible for appropriate due diligence by visiting the shop/ kiosk before Bid
submission. No claim whatsoever is admissible on account of physical status of the land of
the shop/kiosk offered for allotments.
2.7 Surrender
2.7.1 The Allottee can surrender the allotment with an online application within 30 days from the
date of allotment. In such case, earnest money deposited will be forfeited in total and the
balance, if any, deposited against the premium of shop/kiosk, will be refunded without
interest.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
11
2.7.2 In case the allotment is surrendered after 30 days from the date of allotment, the total
deposited amount or 30% of total premium, whichever is less, will be forfeited and the
remaining amount after adjustment of all dues of authority if any, will be refunded without
interest. However, the amount deposited towards Lease Rent, interest, extension charges
etc. shall not be refundable.
NOTE: The date of surrender in the above case shall be the date on which the application
for surrender is received online via email @ authority@gnida.in. No subsequent claim on
the basis of any postal certificate etc. will be entertained. 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 GNIDA.
2.8 Change in Constitution (CIC)
2.8.1 Change in Constitution may be allowed by the GNIDA as per the prevailing policy of the
Authority at the time of submission of CIC request letter by the Allottee and after payment
of prescribed fees/charges.
2.9 Change in Shareholding (CIS)
2.9.1 Change in Shareholding may be allowed by the GNIDA as per the prevailing policy of the
Authority at the time of submission of CIS request letter by the Allottee and after payment
of the prescribed fees/charges.
2.10 Transfer of Shop/ Kiosk
2.10.1 Transfer of shop/ kiosk may be allowed by the GNIDA as per the prevailing policy of the
Authority at the time of submission of transfer request letter by the Allottee and after
payment of prescribed fees/charges.
2.11 Maintenance
2.11.1 The Allottee/Lessee at his own expense will take permission for sewerage, electricity and
water connections from the concerned departments of GNIDA or from the competent
authority in this regard.
i. The lessee shall make such arrangements as are necessary for maintenance of the
buildings and common services developed on the allotted shop/ kiosk. If the buildings
and the common services are not maintained properly, the GNIDA shall have the right
to get the maintenance done and recover the amount so spent from the Lessee and/or
Sub-Lessee. The Lessee and Sub-Lessee(s) will be personally and severely liable for
payment of the maintenance amount. In case of default of the amount, the dues shall
be recovered as arrears of land revenue.
ii. No objection will be entertained on the subject of amount spent on maintenance of the
buildings and the common services, and the decision of GNIDA in this regard shall be
final and binding.
iii. The Allottee/Lessee/Sub-Lessee(s) shall take all necessary permissions for sewerage,
electricity, water connections etc. from the respective competent authorities at his own
expenses.
iv. The Allottee/Lessee/Sub-Lessee(s) shall keep the demised premises and buildings;
the available facilities and surroundings etc.in a state of good and substantial repairs,
safe neat & clean and in good and healthy sanitary conditions to the satisfaction of the
Lessor and to the convenience of the inhabitants/occupants of the place.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
12
v. The Allottee/Lessee/Sub-Lessee(s) shall abide by all the regulations, bye-laws,
directions and guidelines of Greater Noida industrial Development Authority
framed/issued under the U.P. Industrial Area Development Act 1976 and Rules
made therein, and any other Act and Rules, from time to time
vi. In case of non-compliance of these terms of conditions and any other directions of
GNIDA, GNIDA shall have the right to impose such penalty as it may consider just
and/or expedient.
2.12 Mortgage
2.12.1 Mortgage permission may be allowed by the GNIDA as per the prevailing policy of the
Authority at the time of submission of Mortgage permission request letter by the Allottee
and after payment of prescribed fees/charges.
2.13 Issue of Mutation Letter
2.13.1 Application can be submitted by the Transferee at the concerned department along with
the following documents:
i. A certified copy of the Transfer Deed duly executed by the Transferor.
ii. Copy of challan against payment of transfer charges in one of the Authorized bank shall
be required.
2.14 Misuse, Additions, Alterations, etc.
2.14.1 The Allottee shall not use the shop/ kiosk for any purpose other than that for which it has
been allotted / leased. The Lessee / Allottee shall not be entitled to divide the Shop/ Kiosk
or amalgamate it with any other Shop/ Kiosk. 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 without any payment.
2.14.2 The Lessee/Sub-Lessee will not make any alteration or additions to the said building on
the demised premises, erect or permit to erect any new building on the demised premises
without the prior written permission of the Lessor and in case of any deviation from such
terms of plan he/she shall immediately upon receipt of notice from the Lessor requiring him
to do so, correct such deviations as aforesaid.
2.14.3 If the Lessee/Sub-Lessee fails to correct such deviations within a specified period of time
after the receipt of such notice, then it will be lawful for the Lessor to cause such deviation
to be corrected at the expense of the Lessee/Sub-Lessee who shall bound agrees to
reimburse by paying to the Lessor such amounts as may be determined and demanded by
GNIDA in this regard.
2.15 Indemnity
2.15.1 The 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 Lessee. The Lessee shall execute an indemnity
bond, indemnifying GNIDA and its officers and employees 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
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
13
2.16 Liability to Pay Taxes
2.16.1 The Allottee will be liable to pay all rates, taxes, charges, user fee and assessment of
every description imposed by the lessor or any other authority empowered in this behalf, in
respect of the shop/ kiosk, whether such charges are imposed on the shop/ kiosk or on the
building constructed thereon, from time to time.
2.17 Overriding Power over Dormant Properties
2.17.1 GNIDA reserves the right to all mines, minerals, coals, washing gold, earth oils, quarries in
or under the shop/ kiosk and full right and power at any time to do all acts and things which
may be necessary or expedient for the purpose of searching for, working and obtaining,
removing and enjoying the same without providing or leaving any vertical support for the
surface of the Shop/ Kiosk (s) or for the structure time being standing thereon, provided
that, the Lessor shall make reasonable compensation to the Allottee /Lessee for all
damages directly occasioned by exercise of the rights hereby reserved. The decision of
the CEO of GNIDA on the amount of such compensation will be final and binding on the
Applicant.
2.18 Consequences of mis-representation
2.18.1 If the allotment is found to be obtained by any misrepresentation, concealment,
suppression of any material facts by the Tenderer/ Applicant/ Allottee/ Lessee and/or Sub-
Lessees, the allotment of Shop/ Kiosk shall be cancelled and/ or lease shall be
determined, as the case may be. In addition, the entire money deposited by the Tender/
Applicant/ Allottee/ Lessee and Sub-Lessees shall be forfeited and legal action for such
misrepresentation, concealment, suppression of material facts shall also be taken.
2.19 Cancellation of Lease Deed
2.19.1 In addition to the other specific clauses relating to cancellation/determination, GNIDA, will
be free to exercise its right of cancellation/ determination of the allotment/ the lease of
commercial Shop/ Kiosk in case of the following-
i. Allotment having been obtained through misrepresentation, by suppression of
material facts, false statement and/or fraud
ii. Any violation of the directions issued or of the rules and regulations framed by
GNIDA or by any other statutory body.
iii. In case of default on the part of the Tenderer/ Applicant/ Allottee/ Lessee and/or
Sub-Lessees or any breach/violation of the terms and conditions of the tender,
allotment, lease and/or non-deposit of the allotment amount, instalments or any
other dues.
2.19.2 If the allotment is cancelled on the grounds mentioned in Clause 2.20.1 (i) above, the
entire amount deposited by the Tenderer/ Applicant/ Allottee,/ Lessee and/or Sub-Lessee
till the date of cancellation/determination, shall be forfeited by GNIDA and no claim,
whatsoever, shall be entertained in this regard.
2.19.3 If the allotment is cancelled on the grounds mentioned in Clause 2.20.1 (ii) or (iii) above,
30% of the total premium or total premium deposited (whichever is less) together with
lease rent, interest, extension charges shall be forfeited in favour of GNIDA. Balance
amount, if any, after forfeiting the amount as indicated above, will be refunded without
interest and no separate notice shall be given in this regard. Possession of the Shop/
Kiosk, along with the structures, if any, thereon, shall be resumed in favour of GNIDA and
the lessee shall not be entitled to claim any compensation for the same.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
14
2.19.4 After forfeiture of the amount as stated above, possession of the Shop/ Kiosk will be
resumed by GNIDA, along with the structure thereupon, if any, and the Tenderer/
Applicant/ Allottee/ Lessee and/or Sub-Lessees will have no right to claim any
compensation thereon.
2.20 Restoration
2.20.1 GNIDA can exercise cancellation of shop/ kiosk for breach of Terms and Conditions of
Allotment letter /Lease Deed/Transfer Deed. However, CEO or Authorised Officer of
GNIDA can restore the shop/ kiosk. The restoration will be subject to the following
conditions:
i. The application of restoration of shop/ kiosk shall be made within 60 days from the
date of cancellation.
ii. The decision about the restoration of the shop/ kiosk will be taken by the CEO or
Authorised Officer of GNIDA within a period of 6 months after the date of
cancellation.
iii. The Allottee shall have to pay restoration charges @10% of the total premium of the
shop/ kiosk at prevailing rate calculated on the date of restoration.
iv. If restoration is due to court order, the Allottee has to close the case first.
v. The Allottee will have to make up to date payment of all dues, penalties & interest
etc. as applicable.
vi. The Allottee has to pay time extension charges as per terms of allotment / lease.
vii. The Allottee has to submit Performance Bank Guarantee (PBG) of timeline given in
Schedule, which shall be valid for a duration of 3 months more than the Project
Implementation Schedule and the value of PBG will be 10% of the prevailing price of
the shop/ kiosk.
viii. No Court case is pending on Allottee.
ix. All legal expenses would be borne by the Allottee.
x. In case allotment had been cancelled due to illegal/unauthorized/ non-permissible
activities the restoration of the Shop/ Kiosks shall only be considered on submission
of affidavit undertaking for non-carrying out the illegal/unauthorized/ non-permissible
activities in future and closure/removal of illegal/unauthorized/ non-permissible
activities.
xi. In case of restoration in prepossession cases, the Allottee shall be required to get
the occupancy/completion certificate as per terms of the Lease Deed. In such case,
they will have to comply with the clause as stated above.
2.21 Functional
2.21.1 The Allottee / Lessee shall have to obtain functional certificate from the Authority within six
months from the due date of issue of checklist.
2.21.2 The Allottee/ Lessee shall have to make the Commercial shop/ kiosk functional certificate
within the period as stipulated herein. Any two of the following documents would be
required in proof of commercial shop/kiosk become functional:
1. Electric Meter Sealing Certificate and Electricity Consumption Bill.
2. Telephone Bill/Demand note payment certificate by Telephone agency.
3. Trade Tax Registration Certificate.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
15
4. Shop and Establishment Registration Certificate.
Out of the above documents, certified copies of Electric Meter Sealing Certificate issued by
concerned Electricity Department and electric consumption bills are compulsory for
declaring a, commercial unit functional. Date of issue of Electric Meter Sealing Certificate/
Trade Tax Certificate/ Registration Certificate under shop Establishment Act, whichever is
earlier, shall be considered the date of functional of a commercial establishment. An Affidavit
duly notarized on a stamp paper of Rs. 10/- declaring the date of commercial establishment
functional (in original) is also compulsory.
2.21.3 Without prejudice to the Authority's right of cancellation, the extension of time for the
making shop/ kiosk functional, can be extended for a maximum period of another 1 and ½
years only with penalty as under:-
i. For first six months the penalty shall be 4% of total premium.
ii. For second six months the penalty shall be 6% of total premium.
iii. For third six months the penalty shall be 8% of total premium.
iv. Extension for more than 1 and ½ years as stated above shall not be permitted
under any circumstances.
2.21.4 In case of failure to comply with the above-mentioned condition, the allotment / lease shall
be liable to be cancelled and the amount deposited till the date of cancellation shall be
forfeited in favour of the Authority and the Allottee/ Lessee shall have no right to claim
compensation thereof.
2.21.5 Applicants who do not have a firm commitment to make the allotted commercial
establishment functional within the time limits prescribed above are advised not to avail the
allotment.
2.22 Other Clauses
i. The Authority reserves the right to make such amendments, additions, deletions and
alterations in the terms and conditions of allotment, lease, Building Regulations as it
finds expedient and such amendments, addition, deletion and alterations shall be
binding on the Allottee in the public interest.
ii. If due force majeures/unavoidable circumstances the possession of Shop/ Kiosk is
not handed over to the Allottee, the full amount deposited by the Allottee would be
refunded along with the simple interest @ 4%per Annum for the period of deposit
exceeding one year.
iii. If due to force majeures/unavoidable circumstances, the Authority is unable to allot
the Shop/ Kiosk, the earnest money deposited by applicant would be refunded.
However, no interest on the deposits will be paid to the applicant.
iv. In case there is any change of reserve price of allotment from any order of
honorable High Court/Supreme Court or Government of Uttar Pradesh, the Allottee/
Lessee and his / her / their successor shall be responsible to bear the additional
cost. The decision shall be final and binding on the Allottee/ Lessee and his / her /
their successor.
v. GNIDA will monitor the implementation of the project. Applicants who do not have a
firm commitment to implement the project within the time limits prescribed are
advised not to avail the allotment.
vi. The Lessee and his / her / their successors shall abide by the provisions of the U.P.
Industrial Area Development Act 1976 (U.P. Act No. 6 of 1976) and such rules,
regulations or directions as are issued there under from time to time.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
16
vii. Any dispute between the Lessor and Lessee / Sub-Lessee shall be subject to the
territorial jurisdiction of Civil Courts at Gautam Budh Nagar or the High Court at
Allahabad.
viii. The allotment will be accepted by the Allottee on “As is where is basis”. The Allottee
is advised to visit the site before submission of application form/interview for
allotment.
ix. Provisions related to the fire safety, environmental clearance, NGT directives shall
be observed by the Allottee. Necessary approvals shall be obtained from the
competent authority by the Allottee.
x. For all disputes on any issue pertaining to allotment/lease, the jurisdiction of
disputes will be the District Court, Gautam Budh Nagar and/or the High Court of
Judicature at Allahabad.
xi. The Allottee will be governed by the provisions of U.P. Industrial Area Development
Act, 1976 and by the Rules/Regulations framed or directions issued there under.
xii. In case an existing link road comes anywhere in the Shop/ Kiosk area, it shall be
managed by the Allottee /Lessee till an alternate arrangement is made by GNIDA.
xiii. All arrears due to the Lessor are recoverable as arrears of land revenue.
xiv. The Lessee/ Sub Lessee(s) shall not be allowed to assign or change his role,
otherwise the Lease may be cancelled and entire money deposited shall be
forfeited.
xv. GNIDA in larger public interest has the Authority to take back the possession of the
land/ building by making payment at the prevailing rate after giving the
Allottee/Lessee an opportunity of being heard. However, the decision of the CEO of
GNIDA shall be final and binding on the Allottee/Lessee.
xvi. The Allottee / Lessee shall have to make sufficient provision of parking in the shop/
kiosk itself.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
17
3 Annexures Technical forms
3.1 Application form
(To be submitted in duplicate
1
)
Form Sl.No. ______
To
The Chief Executive Officer,
Greater Noida Industrial Development Authority
Plot no 01, Knowledge Park IV, Greater Noida, Uttar Pradesh 201 310
Subject: Application for allotment of __________ (insert the type of Shop/ Kiosk to be allotted) shop/
kiosk _________
Dear Sir / Madam,
We hereby submit our application form for allotment of ____________ (insert the type of shop/ kiosk to be
allotted) shop/ kiosk to establish
______________________________________________________________________
__________________________________________ on an area of _________________________Sq.mt.
We hereby agree to pay allotment money / installments / Lease Rent etc. as per payment plan and
Rates/premium of allotment hereinafter mentioned in the Data Sheet and General Terms and Conditions.
We are enclosing herewith the following documents:
a) Certificate of authorization in favor of Shri/Smt./Ms. _____________________________________
_S/o/D/o _______________________________________who is signing as (status) ___________ on
behalf M/s ___________________________________________________________________
(Name of the Applicant ) constituted/registered under ____
______________________________________________________________________________
(please mention Act of Government of India / State Government)
b) This entire document, including all terms and conditions is enclosed herewith which will be duly
signed by the authorised signatory upon submission as acceptance of the terms and conditions of the
allotment of land.
g) Refund Account Details (For the purpose of refund or earnest money of unsuccessful applicants)
Name of Bank & Branch _________________________________________________________
1
Original form will be duly filled and signed by the applicant and submitted along with a self-attested
photocopy of the complete document.
Self-attested
photograph of
authorized
signatory
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
18
Bank Account No. ______________________________________________________________
IFSC Code: ___________________________________________________________________
Date ____________________
Address of Applicant _______________________
________________________________________
Phone __________________
Fax _________________
E_mail __________________________________
Signature of Authorized signatory
Stamp of Applicant with name & designation
NOTE:
The Applicants for reserved kiosk has to submit true certified copy of the eligibility condition:
In case of villagers category, proof of land acquired by GNIDA.
SCHEME FOR COMMERCIAL SHOPS & KIOSKS IN GREATER NOIDA
19
3.2 Format for affidavit
(To be furnished on non-judicial stamp paper of Rs.100/- duly attested by notary public, by the sole Applicant
or by Each Member in case of Consortium).
Ref.: Application of __________ (insert the type of Shop/ Kiosk to be allotted) Shop/ Kiosk in Greater
Noida Industrial Development Authority Area.
1. I, the undersigned, do hereby certify that all the statement made in our Application, including in
various Annexures & Formats, are true and correct and nothing has been concealed.
2. The undersigned hereby authorize(s) and request(s) any bank, person, firm or corporation to furnish
pertinent information deemed necessary and requested by GNIDA to verify this statement or
regarding my (our) competence and general reputation.
Signature of Authorised signatory
Stamp of applicant with name
And Status/ designation