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POLICY
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GUIDELINES OF OTS 2010
The present OTS guidelines which
were revised /modified in the year 2009 were valid upto 5.11.2010 but the Board
has extended the validity period upto 31.12.2010/upto the date of Board meeting
(whichever is earlier), by circulation. While approving the existing guidelines
of OTS the Board had desired that these guidelines be reviewed after one year
and if required necessary modifications/amendment put up for consideration
& decision. The existing OTS
guidelines were prepared keeping in view the quality of residual portfolio, the
most of which consisted of D-3 and Loss Assets Category. While reviewing the
guidelines and its results it is observed that the recovery of the Corporation
upto 15.11.2010 has improved by about 25% over the recovery of corresponding
period of last year upto 15.11.2009. It
has also revealed that more-than 70% of the cases settled under present OTS
guidelines have been fully honoured by the borrowers. Now portfolio has further
reduced and we have to deal with most harder and difficult cases, therefore,
the policy and guidelines in practice with other financial institutions, and
particularly PICUP has been considered to formulate the modified guidelines
which could be more rational and practicable / approachable to the defaulting
borrowers who are willing to square up their NPA accounts by way of settlement
to a reasonable amount. In this regard, certain inputs from the guidelines of
PICUP 2010 have been taken into consideration to modify guidelines to deal with
the borrowers of mixed basket of portfolio with the Corporation consisting of
tiny, small and medium scale units. While preparing the revised guidelines due
weightage to value of security has been given in settlement formula to arrive
at indicative settlement amount. It is also significant to mention that in
recent inspection of A.G. Auditors they have observed that in earlier
guidelines the OTS amount was taken on the basis of matrix or valuation of
mortgaged assets whichever was higher, whereas as per existing guidelines
approved on 6.11.2009 lower amount than valuation is being accepted if
valuation is more than the amount of OSP + Exp. + OSI and unit has ever been in
production / operation after 01.04.99.
If the unit has not done any production/operation after 01.04.99 then OTS is
being done on valuation if it is more than OSP + Exp. + OSI. As such according
to the AG auditors above change in guidelines was not in the interest of the
Corporation. However, in order to settle old NPAs and effecting recovery of
dues from them OTS guidelines incorporating certain modifications on the basis
of polices of other F.Is. and our experience in settlement of accounts, are
proposed as below : 1. ELIGIBILITY The following
type of cases shall be eligible for OTS under proposed guidelines: - i)
The
account should be NPA as on the date of the application. ii)
The
purchaser's account, which has become NPA shall be considered for OTS where
down payment has been received. iii)
Seed
Capital Assistance/Soft Loan granted under the scheme of the IDBI & SIDBI
which have also become NPA shall also be eligible. iv)
The
proposed guidelines will also cover cases pending before DRT/BIFR/Courts.
However, in such cases borrower shall have to withdraw the case from respective
court and submit affidavit in this regards. v)
Cases
of fraud, theft of machines and where FIR has been lodged may be
considered. However, in such cases the
valuation shall be done assuming that no Plant & machinery is missing and
in such cases OTS amount will be loaded additionally with depreciated value of
removed Plant & machinery at the time of theft or 10% of the OTS amount
arrived as per applicable Settlement formula, whichever is lower. vi)
The
cases in which lease assistance has been granted and in which monthly lease
rental is overdue for more than six months, shall also be eligible. vii)
The
existing cases where OTS have been cancelled shall also be considered for
revival as given under this category in the note. 2. CUT-OFF
DATE The Cut-off date shall be 31st March of relevant financial year for all cases of SS, D-1, D-2 & D-3 category of NPA. The cut-off date for cases under Loss category shall be the date on which 50% of the sale proceeds (after the sale of assets) have been received or agreement to sale executed after giving the possession. Standard & Sub-standard cases shall not be eligible for OTS except in exceptional circumstances as given in subsequent paras of the note. The cut off date in such type of cases shall also be 31st March of relevant financial year as explained above. 3. Rating
Module to Settle Account Keeping in view the fact that the major portfolio of the Corporation comprises of D-3 and Loss Assets a simplified and transparent formula with rationalized rating module is proposed to arrive at indicative OTS amount. Due weightage to value of security has been given in the module for arriving at indicative settlement amount. This type of approach is being followed in PICUP also. The following tables would be considered to provide necessary score to arrive at indicatives OTS amount : - Table-1 Formula for
arriving at OTS amount
The
parameters for awarding above scores of Table-1 are as below:
Table-2
For awarding score on the basis of above parameters following sub parameters would be considered.: - 3.1 Status
of the Unit ( 1 of Table-2) : The present business activity of the unit / borrower / guarantor and genuineness of the problems/difficulties of the borrower and his willingness to enter into OTS should be kept in view for giving scores. The present level of operations of the unit/borrower(s)/guarantor be kept in mind to award score in the range of 0 to 2 Table 2 based on the following broad considerations : - Table-3
3.2 Valuation
of Prime/Collateral security (2 of Table-2) The existing guidelines for valuation as per OTS guidelines 2009 states that latest Circle rate or market rate, whichever is higher, shall be considered for valuation of land and depreciated value should be considered for valuation of Building & Plant and machinery. It may be worthwhile to mention that Govt. authorities are increasing the circle rate of land quite frequently to increase revenue collection whereas it has been observed from the feed back from field offices that in Bundelkhand and Eastern Region there is no corresponding increase in the market rate. In Western and Central U.P. markets rates have increased correspondingly with circle rate. Therefore, it is felt imperative to modify norms of valuation of land in Bundelkhand, eastern U.P. and some small backward distt./areas of the state where development has not taken place and demand for land has not picked up much. 3.2.1 For valuation purpose entire area of the state may be categories as below: i. Land in Noida, Gr. Noida and Ghaziabad District. ii. Land in Industrial Area/Estate i.e. UPSIDC, GIDA, DIC etc. iii. Private land in Bundelkhand, Eastern U.P. and some small Distt./Town of other areas. iv. Land in other Distt./areas i.e. other than i, ii & iii above. I) Value
of the land in Noida/Gr. Noida/Ghaziabad- If the land is located in Noida/Gr. Noida and in Ghaziabad the guidelines of valuation i.e. market rate or the rate fixed by the authority, circle rate, whichever is higher, shall be considered. II) Value
of the land in Industrial area/Estate i.e. UPSIDC, GIDA DIC etc- If the land is located at Indl. Area / Estate of UPSIDC, GIDA, DIC etc. the present guidelines of valuation of the land i.e. circle rate, market rate or present rate fixed by the authority, which ever is more, shall be considered. If in any case authority rates are being considered then proper justification be given if they are lower than the circle rate. III) Value
of private land in Bundelkhand, Eastern U.P. and some small Distt./Town of
other areas. If market rate of land is lower than the revised Circle rate of land then average of two (Circle rate and market rate) be considered for valuation in the following manner:- a) If market rate is less by / upto 20% of Circle rate then the average of Circle Rate and market rate as per our Technical Officer would be considered. b) If market rate is less by more than 20% of Circle rate then the valuation of the land should also be got done through Govt. approved Valuer apart from Tech. Officer and thereafter average of three i.e. Circle rate, market rate assessed by outside valuer and market rate assessed by Technical Officer shall be considered to arrive at the rate to assess the value of the land. The list of districts of Bundelkhand, Eastern U.P. and some small distt./town of other areas where above guidelines for average valuation of land shall apply, is annexed at Annexure-I. IV) Value
of Land in other Distt./areas i.e. other than i, ii & iii above. The present guidelines for valuation of land in above distts./areas shall continue to be applicable i.e. market rate/circle rate which ever is higher be taken into account. 3.2.2 It is observed quite often that different procedure is adopted by various offices in disposal of land if the unit is located in agricultural area. In order to streamline the valuation of land in agricultural area where there is no unit nearby and/or no abadi, out of town area then the following methodology may be adopted:- a) If the land is at main road then 150% of the Circle rate of agricultural land or market rate whichever is higher. b) If the land is not on main road then 130% of the Circle rate of agricultural land or market rate whichever is higher.
3.2.3 These guidelines for valuation of land will apply for both sale and OTS cases. 3.2.4 Scoring method for value of prime and collateral security:- The scores under this head of valuation would be awarded as compared to OSP percentage as below:- Table-4
3.3 Net
worth of the Promoter/Guarantor ( 3 of Table-2): The net worth of the promoter/guarantors shall be calculated on the basis of the immovable personal assets owned by them (as per appraisal note) but not mortgaged to the Corporation. If the personal assets are informed as sold then local inquiry about the same would be made by Regional office. The party will have to submit an Affidavit regarding personal assets of all the partners/directors as usual. The following rating module for granting score shall be applicable:- Table-5
3.4 Amount
paid by borrower (4 of table 2): Amount paid by the borrower is another factor which has been considered for calculating the indicative OTS amount. The score would be granted as below :
3.5 Other
Attendant Factors Discount Marks : (5
of tabe 2) The following factors may
be given discount in scoring subject to the maximum of 2 marks for each factor
(maximum 10 for all factors), with proper justification, as encumbered below:- i. The unit is under possession for more than 5 years. ii. The Court has granted stay or case is in BIFR/AAIFR. iii. Failure of project due to change in Govt. policy. iv. Technological obsolescence. v. Guarantor,Directors,Partners,Proprietor are not available. vi. Death of partners/guarantors/proprietor/directors. vii. Huge Govt. dues which are not in dispute(dues more than 100% of OSP).
4. Settlement
amount for Lease Assistance cases: The Corporation had stopped lease financing in the year 1998 onwards. However, few cases are still saddled in the portfolio of the Corporation. The lease assistance was provided at very high implicit rate of interest normally ranging from 21% to 28% p.a. The OTS guidelines of Lease Assistance cases were revised in the year 2009 but not much success has been achieved. It may by worthwhile to mention that the value of available security in most of the cases is now negligible as plant & machinery has become quite older more than 10 to 15 years and its depreciated value (plant & machinery given on lease) is almost nil. We have already claimed depreciation on these machines in our books and value of lease financed assets is NIL in our books. If these cases are settled they will directly increase the income of the Corporation. Most of the cases are very sticky and under litigation or pending before BIFR/AAIFR. In order to settle these cases the following simplified formula may be made applicable looking to the above. OTS Amount = (Lease amount disbursed Principal part of the lease rental paid) + (10% of Simple Intt. at implicit rate of interest i.e. IRR from the date of last payment of lease rental upto preceding quarter) less (advance lease rental deposited) + (salvage value @ 5% of plant & machinery) + (outstanding trade tax amount on lease rentals). 5. O.T.S.
in Joint Financed cases: In joint financing cases, where the Corporation shares pari-passu charge on the assets alongwith other FIs, the OTS amount finalised by the lead institution after mutual consultation would be acceptable to the Corporation if it comes within the guidelines. Settlement Committee would be empowered to take decision if the proposal is within the OTS guidelines. If the proposal is beyond the approved guidelines (owing to settlement already finalized by other FIs), then it would be put up to EC for decision. 6. O.T.S. under Composite loan scheme and Handloom Weavers scheme. At the instance of Govt./IDBI the scheme was made operational in Mid 80s for Artisans & Handloom weavers. The loans granted amounted to maximum of Rs. 50,000/-. The following guidelines for settlement of these cases would be applicable:- a) Where borrower has paid less than 25% (Principal + Interest) of disbursed amount then OTS amount would be 100% OSP + Exp. as per existing guidelines. b) Where borrower has paid 25% (Principal + Interest) or more of disbursed amount then OTS amount would be 75% of OSP + Exp. 7. O.T.S.
in Loss category cases : The N.P.As. under this category amount to Rs. 168 crore as on 31.3.2010 which constitute 40% of loan portfolio of the Corporation. Keeping in view the practical difficulties in realisation of dues from Loss assets certain minor modification are proposed in existing guidelines. The OTS amount would be calculated according to marks awarded in Revised Debt rating format by the Field Office to ascertain categories of loss assets from L-1 to L-4. The copy of the revised Debt rating format is enclosed at Annexure-II. The indicative OTS amount would be as per chart given below :-
7.1 In case the promoters/borrowers is physically handicapped or woman (other than spouse/parents/daughter/daughter-in-law/son-in-law of the partner/ director) or widow/dependents of deceased main promoter and the OTS is proposed on individual capacity, then the OTS amount under Loss category would be assessed as applicable to one category lower which may be acceptable e.g. if as per marks secured the case comes under L-1 category then for physically handicapped person or woman entrepreneur the OTS amount would be as per L-2. If the case comes under L-2 category then OTS amount would be as applicable to L-3 category. If it is in L-3 then OTS amount would be as applicable to L-4. However, if it is under L-4 category then the OTS amount would be 25% of OSP after adjusting sale proceeds + expenses. 7.2 In cases where OSP has been recovered through adjustment of sale proceeds such cases of loss category would be settled on 5% of disbursed amount to the unit. In fraud and theft cases additional 10% loading of OTS amount would also be applicable over and above OTS amount. In case any borrower is ready to pay 150% of Principal outstanding (except in theft cases) at the time of sale minus sale proceeds + Expenses then R.M. shall be empowered to settle the account without any need of Debt rating. 8. OTS
of Purchaser account : Normally the OTS of purchaser account shall not be considered. However, where purchaser has paid atleast 75% of sale consideration or possession of the property purchased could not be handed over or sale deed could not be executed while there is no fault of purchaser e.g. stay obtained by the borrower from the competent court or litigation or any other valid reason then OTS may be considered on balance sale consideration + expenses + OSI at gross documented rate of interest.
In other cases where after making down payment the purchaser had paid total amount less than 75% of total sale consideration, then OTS may be done as per following : a) In case present value of property (market value) is less than bal. sale amount + exp. + OSI at gross doc. rate then OTS would be done on bal. sale amt. + exp. + OSI. b) In case valuation is more than bal. sale amt. + exp. + OSI then the OTS would be done on bal. sale amt. + OSI + Compound intt. + exp. or the valuation whichever is lower.
In all such cases where there are heavy overdues, the purchaser will be given a notice to settle the account within three months of the date of receipt of the notice as per above formula, failing which Corporation will be free to take action for re-sale of the unit U/s 29 of SFCs Act. 9. OTS
for Standard & Sub-standard cases :
Normally, OTS in Standard & Sub standard cases shall not be considered by the Corporation. However, in exceptional circumstances, such as death of main promoter, natural calamity, change in Govt. Policy, change in sector specific environment, unimplemented projects etc., OTS proposed may be processed with the prior permission of Managing Director, on case to case basis. The OTS in such cases shall be considered on full liabilities as per ledger as on preceding quarter payable within 03 to 06 months with 50% cash down payment with no intt. free period. 10. OTS
of Soft Loan / Seed Capital from IDBI /SIDBI :- SIDBI vide their letter dated 23.7.2009 has informed that when ever any case is settled by Corporation it should also cover the liabilities of NPA of equity soft loan and the settled amount shall be shared with SIDBI in proportion to the outstanding term loan & soft loan. Equity soft loan dues can not be kept out of the purview of the OTS settlement. Therefore, the accounts under this category may be settled by charging service charges @ 1% & 5%, as applicable on simple basis alongwith additional charges @ 2%. After retaining the portion of the service charges admissible to the Corporation the balance amount may be remitted to the SIDBI/IDBI. No separate administrative charges for recovery of soft loan would be chargeable from the borrowers. 11. Payment
of OTS amount (excluding Standard & Sub standard cases) :- At the time of making application under proposed guidelines, the borrowers will be required to deposit token amount equal to 10% of OSP in the account as on date of application as upfront. Within one month from the date of approval of settlement by the Corporation an amount equal to 25% of the settlement amount less amount deposited alongwith the OTS application shall have to be paid by the borrower. The balance settlement amount shall have to be paid preferably within one year but not more than two years from the date of approval letter in equal quarterly instalments together with 13.5% simple interest on balance/deferred OTS amount till the date of final payment. Initially intt. free period of 03 months shall be provided from the date of approval letter. Any accrued interest/service charges from the date of adjustment table to date of approval of OTS shall stands automatically waived off after the payment of entire OTS amount alongwith interest on OTS etc. Any amount received towards the settlement amount, shall be first adjusted towards Interest accrued on the settlement amount and balance shall be adjusted towards OTS instalment. The existing Circular in this regard shall remain in force. 12. Delegation
of powers for approval of OTS : The following delegation of powers is proposed to decide/sanction OTS amount as per settlement module :- 12.1 Regional Manager- R.M.s would be empowered to sanction OTS in cases where total disbursed amount is upto Rs. 10.00 lakh including the cases of Composite loan & Handloom Weavers Scheme in the following manner:- a) The cases involving write off (only in Loss cases), theft, fraud etc. would be put up to Settlement Committee for decision. b) The cases of Composite /Handloom weaver scheme will be approved by RM irrespective of the fact whether write off is involved or not. All the cases shall be routed through Regional Negotiation Committee for approval of RM. 12.2 Zone
Incharge : Zone Incharge would be empowered to sanction OTS in cases
in which total disbursed amount is above Rs.10.00 lacs and upto Rs. 25.00 lakh
(except the cases of theft/fraud and where write off is involved). The cases
involving write off (only in Loss cases), theft, fraud etc. would be put up to
Settlement Committee for decision. 12.3 Managing Director : Managing
Director would be empowered to sanction OTS in cases in which total disbursed
amount is above Rs.25.00 lakh (except the cases of theft/fraud and where write
off is involved) which covers the settlement formula. The cases involving write
off (only in Loss cases), theft, fraud etc. would be put up to Settlement
Committee for decision. The cases to
be approved by MD shall be routed through a Sub Committee constituted at HO
consisting of concerned Zonal Incharge as Chairman and one officer each from
Finance, Technical, legal wings. The Sub-Committee may constituted by MD
suitably. All OTS
approved cases of individual powers shall be put up to the Settlement Committee
for information within one months time. 12.4 Settlement Committee The following category of the cases would be put up for
decision on OTS proposal : a) Cases
covered under settlement module of OTS guidelines pertaining to all Joint
Finance cases, Lease finance cases, write off involved cases of Loss category
of assets only, theft / fraud cases. 12.5 Executive Committee: The Executive
Committee may consider the proposals below the settlement module for taking the
decision. 13. Revival of cancelled OTS cases : i) Waiver of interest on DADP in OTS cases
where Term loan amount disbursed is upto Rs.2.00 lacs. Where entire/part OTS amount has been received,
Corporation will consider waiver of entire interest on DADP provided balance
OTS amount is deposited within one month. R.M.s would be empowered to approve
such type of cases through Regional Negotiation Committee. ii) The OTS cases approved earlier and
cancelled thereafter shall be considered for revival irrespective of date of
approval of OTS. However, only those OTS cases shall be considered for revival
where borrower has already paid 25% or more of the OTS amount within currency
period of OTS schedule. Under the revival scheme, the borrower shall be
required to pay upfront the balance amount of OTS alongwith entire Simple
Interest at 13.5.0% on the defaulted amount for defaulted period (DADP). In all
such cases, the delegation of powers to revive the cancelled OTS cases provided
the entire balance OTS amount alongwith simple interest @ 13.5% on defaulted
amount for defaulted period (DADP) has been paid upfront, shall be as under :- Delegation of powers for revival of OTS : Regional Manager- R.M.s would be empowered to revive the cancelled OTS in cases in which total disbursed amount is upto Rs. 25.00 lakh including the cases of Composite loan & Handloom Weavers Scheme. All the cases shall be routed through Regional Negotiation Committee for approval of RM. Zone
Incharge :
16. Communication of OTS approval and
acceptance by borrowers : On
receipt of sanction of OTS proposal by the approving authority, the OTS
approval letter in the format already prescribed as per OTS guidelines should
be issued by R.M. to the borrower unit/company. It should be ensured that all
the terms & conditions as stipulated by the approving authority including
usual terms & conditions have been duly incorporated in the OTS approval
letter signed by an authorized official/person of the unit within 15 days from
the date of issue, as a token of acceptance of the terms & conditions
mentioned therein. In case the same is
not return in the stipulated period, the Corporation has right to withdraw the
approval for OTS and initiate suitable action as per the terms of provisions of
he loan agreement. 17. Accounting procedure
in OTS cases : Accounts
department would open a new Account on the name of borrower where entire OTS
amount would be considered as principal.
The treatment of account would be done as under: - a) Amount
received as Earnest money, down payment and aggregate OTS would first be
adjusted towards OTS amount. b) Simple
interest accrued at 13.5% rate of interest after giving the benefit of interest
free period would be funded separately on quarterly basis. Total S.I. thus accrued would be recovered
first within the total OTS period approved by the competent authority. c) In
the event, the borrower does not honour the full OTS payment, with regard to
recovery of eligible dues, it would become necessary to revert back to the
position prior to the OTS approval and re-calculated the dues in terms of the
loan agreement. Regional Office should therefore continue to maintain the
existing borrowers account in loan ledger folio. 18. Settlement Committee : b) If the borrower pays OTS
amount within 45 days he shall be given a rebate of 3% on OTS amount (subject
to no write off).
(ii) Permission
for sale of assets to pay OTS amount (on request of borrower) may be
granted subject to: b) Sale deed shall will not be executed by the Corporation. c) Due to delay in sale of assets by borrower, delay in
payment of OTS amount and interest thereon will be not condoned. (iii) If
party fails to deposit atleast 25% of
OTS amount within the schedule OTS payment period, then OTS will be cancelled
and amount deposited shall be adjusted towards interest. (iv)
Interest
rate on deferred amount of OTS will carry 13.5% rate of interest p.a. Any amount received after OTS will be first
adjusted towards interest of OTS amount & thereafter towards principal of
OTS. (v)
Any
legal proceedings pending against the Corporation, wherever applicable, will
have to be withdrawn by the borrower. (vi)
In
any case no refund or cash outflow will apply as a result of the OTS
settlement. (vii) In
case of an OTS settlement the amount of the settlement will not be less than
the valid sale offer received by the Corporation with earnest money. (viii)
Borrower
has to submit application for OTS alongwith relevant details, documents and
earnest money. In case of wrong information benefits granted will be withdrawn
and penal action will be initiated. (ix)
In
case of settlement borrower will not have any right on insurance claim after
applying for OTS. Such revenue will
belong to the Corporation. (x)
Any expenses
incurred/accrued from the date of approval of OTS till the date of payment of
the entire OTS amount alongwith interest shall have to be paid by the borrower
over and above the OTS amount. (xi)
Other
usual terms & conditions of OTS guidelines approved earlier shall also
applied. (xii)
Calculation
of OSI will be done as under by following the example given below :- 21. Example
for computation of outstanding Simple Interest (OSI) for OTS :-
( All Figures hypothetical)
Year wise Interest debited &
Interest paid is as under : (Rs. in lacs)
------------- Annexure I Bundelkhand, Eastern UP and small dist./town/area where
valuation of private land based on average of circle rate and market rate shall
be applicable:- - District Jhansi Area outside Jhansi City. - District Jalaun - District Hamirpur - District Mahoba - District Banda - District Chitrakoot - District Lalitpur Eastern U.P. - District Allahabad Area outside Allahabad City. - District Pratapgarh Area outside Pratapgarh City - District Kaushambhi - District Fatehpur Area outside Fatehpur City. - District Varanasi Area outside Varanasi City. - District Sant Ravidas NagarArea outside Bhadoi city - District Chadauli - District Sonbhadra - District Mirzapur - District Jaunpur - District Ghazipur - District Balia - District Faizabad Area outside Faizabad City. - District Sultanpur Area outside Sultanpur City - District Raibarelly - Area outside Raibarely City - Amethi - District Sravasti - District Gonda - District Bahraich - District Ambedkar Nagar - District Gorakhpur Area outside Gorakhpur City. - District Basti Area outside Basti City. - District Santkabir Nagar - District Deoria - District Kushinagar - District Maharajganj - District Sidharth Nagar - District Azamgarh Area outside Azamgarh City - District Mau Area outside Mau City OTHER AREAS/small distt./town - District Etah Area outside Etah City - District Kanshiramnagar Area outside Kashganj City - District Mahamaya Nagar (Hathras) Area outside Mahamaya Nagar City - District Firozabad Area outside Firozabad City. - District Mainpuri Area outside Mainpuri City. - District Farrukhabd-- Area outside Farrukhabad City - District Etawah Area outside Etawah City - Distict Kannauj- Area outside Kannauj City - Distict Auraiya - District Badaun - District Pilibhit Area outside Pilibhit City - District Shahjahanpur Area outside Shahjahanpur City. - District J.P. Nagar - District Bageshwar - District Champavat - District Dehradun Area outside Dehradun City. - District Chamoli - District Rudraprayag - District Uttarkashi - District Pauri - District Tehri - District Lakhimpur Kheeri- Area outside City area Note: Area outside City means : - i) Outside Indl. Area of Dev. Authority viz. UPSIDC, GIDA, Indl. Estates etc. ii) Outside Municipal limit, Nagar Palika limit, Nagar Palika Parisad and Nagar Panchayat limit.
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