ANNEXURE-A

APPLICATION FORM FOR OBTAINING ESSENTIALITY CERTIFICATE(EC) FOR PURCHASE

/TRANSFER OF PRIVATE LAND AS PER THE PROVISIONS MADE UNDER SECTION 118 OF H.P.
TENANCY &LAND REFORMS ACT -1972
Name of applicants Enterprise

SR. PARTICULARS DETAILS

NO.

Revenue details of land as per ANNEXURE-A

1. Purpose of purchase of land (Tick as Applicable )

a) For setting up of new Industrial Enterprise
b) For Expansion/Modernization of existing Industrial Enterprise.
c) For transfer of ownership of existing Enterprises.
d) For transfer of land existing enterprise due to Amalgamation
of companies.
e) Change of name of the company /enterprise without any
change in ownership.
f) Any other (please specify)

Information /documents to be supplied by enterprises intending to establish new enterprise or

purchasing additional land for expansion /modernization.

i) Whether town & Country Planning Act (TCP) is applicable

in the area ,if yes indicates the land use of proposed land
if defined under development plan.

ii) Floor area ratio (FAR) applicable (for size of land proposed to
be purchased )as per norms of TCP. In case TCP Act is not
applicable then mention FAR applicable to nearest planning
area.

iii) Proposed Ground coverage (both in sq. Meters and in %)

iv) Proposed built up area in sq.Mtrs.

v) Proposed land utilization map for different usages along

 With certificate of Chartered Engineer *(Attach with Application)

vi) Affidavit of the authorized signatory of the enterprise in support

That the enterprise will obtain the industry NOC as per Annexure-
B

Additional Information /documents to be supplied by enterprises intending to purchase land for

Expansion /Modernization of existing Enterprise.

i) Total land already in ownership & possession of the Enterprise.

a) In Bigha/Kanal/Hectare (as per revenue record)
b) In Sq.Metrs

ii) EC file no. & date of Existing land with the enterprise (Attach a copy).

iii) Letter no. & date vides which department of revenue ,Govt.of HP.

i) Accorded permission u/s 118 of HPT & LRA -1972 for purchase
of Existing Land with Enterprise (Attach a Copy)

iv) Date of commencement of commercial production

v) Date of issuance of commencement of commercial

production (COP) certificate or Acknowledgement of
Entrepreneur Memorandum Part-II if any issued by Industries
Department (attach a copy)

vi) Land utilization map of the Existing land along with the proposed
Utilization map of additional land along with proposed utilization
Map of additional land along with copies of tatima(existing+
proposed land

vii) Total ground coverage of existing land ( both in Sq.Metrs and in %)

viii) Detail of built up area constructed by the company on the existing

Land.
ix Whether the Enterprise has fully utilized the existing land for
industrial purpose by constructing the factory building as per the
norms of TCP department for area/ nearest Planning area?
Attach proof.

Information /documents to be supplied by enterprises intending to the transfer the ownership of

existing enterprises.

Agreement to cell

Date of commencement of commercial production

Commencement of commercial production (COP)

Certificate or acknowledgement of entrepreneur Memorandum
Part-II if any issued by industries department (Attach a copy)
To the selling Enterprise.

EC file No. date of existing land will the selling enterprise.

Letter no.& date vide with department of Revenue, Govt. OF H.P

Accorded permission u/s 118 of HPT & LRA-1972 for purchase of
Existing land with selling enterprise (Attach a copy).

Affidavit of authorized signatory of the enterprise will inform all

concerned departments/organization i.e. Industries, Excise & Taxation
,TCP,IPH,HP pollution Control Board,HPSEB ltd. Local body (urban or
rural as the case may be) about the change in ownership within 15
days of execution of conveyance Deed.
Information /documents to be supplied by enterprises intending to transfer the land due to Amalgamation
of companies or change of name with the approval of registrar of companies in terms of Sections 21 and 23 of
the companies Act ,1956 for Recommendations to be issued by Industries Department .

i) Whether the Existing enterprise had commenced commercial

Production? If Yes, mention the date of commencement of the
Commercial Production .

ii) In case of amalgamation of companies the order of respective

Court along with scheme of amalgamation & Memorandum &
Articles of Association of the company in which the existing
company is being amalgamated.

iii) In case of change of name of the company the certificate of

registrar of companies in terms of sanction 21 &23 of the
companies Act,1956 & affidavit in support that no transaction
/sale of property takes place & only change in name of the
company is sought to be recorded in the revenue record only.

iv) EC file no. & date of existing land with the enterprise (Attach a
copy)

v) Letter no. & date vide which dept. of Revenue, Govt. of

Himachal Pradesh accorded permission u/s 118 of HPT & LRA -
1972. For purchase of existing land with enterprise (Attach a
copy)

 *Site plan indicating the plot area, built up area, justification detail, proposed land used
for different usages. i.e. production, raw-material, finished Products, administration
,parking ,ETP etc.
 *Certificate of Chartered Engineer Indicating the land use form Different Usages &
certifying that land Requirement is need based & proposed industrial Activity cannot
Be run in lesser area.
Signature
Name of the applicant /authorized signatory of the
Enterprise
Name of applicant Enterprise
Complete correspondence address
Email Address
Phone No.

Place:
Date:
 Advisory note to Enterprise:
a) Carefully select the land for industrial purpose after ascertaining & satisfying itself that
the proposed Enterprise can be Established on said land & infrastructure & service
provisions need of the proposed enterprise would be met & would not be objected by
the Department /boards /companies of the state Government & local body(urban &
rural as the case may be)
b) Carefully go through the provisions made under section 118 of the H.P. Tenancy & Land
Reforms Rules Act (1972) and H.P.Tenancy &Land Reforms Rules Act (1975)(as amended
from time to time )& instructions issued by the Deptt. of revenue from time to time.

ANNEXURE –A( Land Details)

SR. NAME OF THE DATE OF IN CASE OF NAME OF KHEWAT KHASRA AREA
NO. LAND EXECUTION NON- REVENUE & NO.
OWNER/SELLER OF HIMACHALI VILLAGE KHATONI BIGHA/KANAL IN SQ
AGREEMENT AGRICULTURIST NOS. /HECTARE MTRS.
TO SELL(IF MENTION THE
DONE DETAIL OF
ALREADY) PERMISSION
OBTAINED (u/s)
118 of HPT/LRA

Additional Information in case of purchase of land of Existing /closed Enterprise:

SR. PARTICULARS DETAIL

NO.
1 Whether the enterprise in production or closed. In case of closed
enterprise mention the year of closure.
2 Whether the selling enterprise breaches any condition imposed while
availing incentives & facilities of central & state Government
3 Whether the selling enterprise has cleared all the dues of financial
Institution(s), Govt. Departments /Corporation Boards? If not attach the
NOC’s of the concerned organizations.
4 Reasons for sale of enterprise in brief.

Undertaking: - I______________________of M/s __________________________(selling Enterprise ) hereby

confirm that the information stated at SI. No. 1 to 4 above are true & factually correct.
Name & Signature with complete present correspondence address

Note: Attach the latest copy of the Jamabandi & Tatima of land.

I,_______________________, S/o ________________________ authorized signatory of

M/s______________________(Purchaser Enterprise ) do hereby solemnly affirm & state that
aforesaid land detail are correct & based on facts duly confirmed by me .

Place :

Date : ( )

Signature with seal

 AFFIDAVIT

(By proprietor in case of proprietary concern /duly authorized person in writing by all
partners in case of partnership firm /duly authorized person in writing by the Board of
Directors through resolution in case of company register under companies Act-1956.

I,______________________________S/o _________________________age_______ years

Presently ____________________ of M/s_____________________(Complete Address) do

hereby solemnly affirm & state on behalf of M/s_______________________(herein after
mentioned in enterprise )as under:

1. That the enterprise has applied for the issuance of essentiality certificate for purchase of
private land measuring _____________________comprised in Khasra No.(s)_________
at village _________________Tehsil______________________,District______________
as per the provisions made under H.P. Tenancy & Land Reforms Act- 1972 & rules made
by there under &all the details furnished by the enterprise in the application form for
obtaining Essentiality Certificate are correct as per the record of concerned
agencies/person.
2. That I have gone through & I am aware of the provisions made under H.P. Tenancy & Land
Reforms Rules (1975), as amended from time to time in generally &specifically made
under section 118 of HPT & LRA- 1972 and would abide by/ comply with the same.
3. That the enterprise selected the land for Industrial Purpose at its own risk after
ascertaining & satisfying itself that the proposed enterprise can be established on said
land & Infrastructure and service provisions needs of the Proposed enterprise would be
met and would not be objected to by any concerned departments/ boards /companies of
the state Government &local body (urban &Rural) as the case may be.
4. That the enterprise has satisfied itself that it would be able to obtain subsequently all
other requisite/ necessary statutory clearances /No objection Certificates from the
 concerned authorities as required under various applicable State/Central
Laws/Rules/Instructions etc. for the purpose of this land & for setting /running /expansion
of Industrial Enterprise after obtaining the permission of the Govt. of Himachal Pradesh.,
Department of Revenue under Section 118 HPT &LRA-1972.
5. I fully understand that it is my sole Responsibility to give the correct information while
applying for issuance of Essential Certificate & if at any point of time details so submitted
are not found correct ,the essentiality Certificate & subsequently permission under
HPT&LRA -1972 shall be deemed to have been withdrawn /cancelled with immediate
effect & without giving any notice. In such an event, the land along with structure, if any,
would stand vested in the Govt. of Himachal Pradesh free from all Encumbrances &I will
peacefully surrender the possession of same.
6. Am also fully aware of the consequences that in the case of land is not put for industrial
use within prescribed period in accordance with the permission to be granted by the
Deptt. of Revenue ,Govt. of Himachal Pradesh, the land along with structure , if any would
be vested in the Government of HP free from all encumbrances and in such an event I
will peacefully surrender ownership and possession of the same .
7. That in case any dispute arises between the Enterprise and the proposed seller the state
Government would not be responsible &would not be impleaded as party in the court of
law by the Enterprise .
(Deponent)
Verification
That I have read the contents of para 1to 7of aforesaid affidavit, which are correct and
True of best of my Knowledge & Belief.
(Deponent)