v. For the projects in the power generation sector, the auction route is not recommended given the possible impact on tariffs and questions of larger public interest. The department holding the land, in consultation with the power & NES Department, would notify sites suitable for power generation projects , which will remain open and in the public domain for at least one month before offers are invited. Thereafter, the offers will be evaluated in consultation with Power & NES Department, based on clear-cut pre-announced criteria beneficial to the economy and well-being of the state such as lower tariffs, redressal of the thermal-hydro imbalance, green power and renewable obligations and offered in terms of the existing policy and legal framework for such power generation projects.
All land allotment decisions should be taken by the Board(s) of the entities. In case land is owned departmentally, MIC’s order will be inevitably required followed by a Cabinet decision. Under no circumstances should land allotment decision be taken without placing the matter to the full Board with adequate notice as may be required under the relevant statues / rules and without recording detailed minutes.
vi. Upon the completion of the formalities and selection of the allottee, a provisional Letter of Intent ( LOI) should be issued. Each Department should frame its own LOI in conclusion with the Law Department and strictly based on this policy with a specific time frame which shall in no case exceed three (3) years from the date of handing over the possession of the land.
The provisional LOI should also specify the statutory clearances / licences / permissions that the allottee would be required to obtain within a definite time frame. This will include clearances from the West Bengal Electricity Regulatory Commission, the Medical / Dental / Nursing Council, the AiCTE, the UGC, Municipality, Urban Planning etc., as may be required only for that specific purpose.
vii. The provisional LOI should be so drafted, as to enable the allottee to seek financial closure as well as obtain the relevant statutory clearances, in a definite time frame. In case the statutory clearances and or the financial closure are not forthcoming within the specified period, the provisional LOI shall be cancelled after following procedure laid down in the terms and conditions of the allotment;
viii. The allottee will have to commit that post-allotment , any changes in the ownership structure of the allottee, would be indicated upfront to the lessor. In case the lessor is of the opinion that such changes would be detrimental to public interest, such as higher power tariffs, reductions in the housing entitlements for the original target group ( e.g. EWS / Poor / LIG ), lower tax revenues, lower employment, etc., the lessor may cancel the allotment after following the usual formalities.
ix. In the event of special circumstances, the Government may, with the intention to protect and promote specific types of activities , or to promite any emerging area of development activities, or , to reduce imbalances in any backward region , or , any strategic reason especially beneficial to the State , may with the approval of the State Cabinet, relax any or some of the above mentioned criteria. The sponsoring departments will be required to prepare Cabinet proposals indicating the full extent of relief with justification.
x. Notwithstanding (xiv) above , all decisions related to land allotment etc. should be proactively disclosed u/s 4, of the RTI Act.
4. The Departmental Secretaries may ensure strict compliance with the aforesaid policy guidelines in the most transparent manner.
All land allotment decisions should be taken by the Board(s) of the entities. In case land is owned departmentally, MIC’s order will be inevitably required followed by a Cabinet decision. Under no circumstances should land allotment decision be taken without placing the matter to the full Board with adequate notice as may be required under the relevant statues / rules and without recording detailed minutes.
vi. Upon the completion of the formalities and selection of the allottee, a provisional Letter of Intent ( LOI) should be issued. Each Department should frame its own LOI in conclusion with the Law Department and strictly based on this policy with a specific time frame which shall in no case exceed three (3) years from the date of handing over the possession of the land.
The provisional LOI should also specify the statutory clearances / licences / permissions that the allottee would be required to obtain within a definite time frame. This will include clearances from the West Bengal Electricity Regulatory Commission, the Medical / Dental / Nursing Council, the AiCTE, the UGC, Municipality, Urban Planning etc., as may be required only for that specific purpose.
vii. The provisional LOI should be so drafted, as to enable the allottee to seek financial closure as well as obtain the relevant statutory clearances, in a definite time frame. In case the statutory clearances and or the financial closure are not forthcoming within the specified period, the provisional LOI shall be cancelled after following procedure laid down in the terms and conditions of the allotment;
viii. The allottee will have to commit that post-allotment , any changes in the ownership structure of the allottee, would be indicated upfront to the lessor. In case the lessor is of the opinion that such changes would be detrimental to public interest, such as higher power tariffs, reductions in the housing entitlements for the original target group ( e.g. EWS / Poor / LIG ), lower tax revenues, lower employment, etc., the lessor may cancel the allotment after following the usual formalities.
ix. In the event of special circumstances, the Government may, with the intention to protect and promote specific types of activities , or to promite any emerging area of development activities, or , to reduce imbalances in any backward region , or , any strategic reason especially beneficial to the State , may with the approval of the State Cabinet, relax any or some of the above mentioned criteria. The sponsoring departments will be required to prepare Cabinet proposals indicating the full extent of relief with justification.
x. Notwithstanding (xiv) above , all decisions related to land allotment etc. should be proactively disclosed u/s 4, of the RTI Act.
4. The Departmental Secretaries may ensure strict compliance with the aforesaid policy guidelines in the most transparent manner.
By order of the Governor,
R.D.Meena
Principal Secretary to the Government of West Bengal
R.D.Meena
Principal Secretary to the Government of West Bengal
