Rajasthan Land Revenue (Allotment of
Land for Setting up of Power Plant based on Renewable Energy Sources) Rules,
2007
Published vide
Notification No. No.F.6(2)/Rev.VI/2001/32, dated 18.6.2007
[18 June 2007]
No.F.6(2)/Rev.VI/2001/32. - In
exercise exercise of the powers conferred by section 100 of the Rajasthan Land
Revenue Act, 1956 (Act No. 15 of 1956), the State Government hereby makes the
following rules, namely: -
Rule - 1. Short title and commencement.?
(1)
These rules may be called the Rajasthan Land
Revenue (Allotment of Land for Setting up of Power Plant based on Renewable
Energy Sources) Rules, 2007.
(2)
They shall come into force at once.
Rule - 2. Definitions.?
(1)
In these rules, unless the context otherwise
requires -
(a)
"conventional Power Plant" means or
gas based thermal, hydro or nuclear power plants.
(b)
["Developer" means a
person who develops, and/or maintains Wind Farms, Wind Power Plant, Solar Parks
and Solar Power Plant and also creates and/or maintains common infrastructure facilities
for above units;]
(c)
"DLC" means the committee
constituted by the State Government for a District from time to time under
clause (b) of sub-rule (1) of rule (2) of the Rajasthan Stamp Rules 2004.
(d)
"Form" means the Form appended to
these rules.
(e)
"Investor" means a person investing
in Renewable Energy Plant for generation of electricity.
(f)
"Polluting Plant" means polluting
industries defined under environmental (protection) Act, 1986 (Act No. 29 of
1986).
(g)
"Power Producer" means
Investor/Developer who develops Power Plant for generating grid-grade
electricity from Renewable Energy Sources.
(h)
"R.R.E.C." means Rajasthan Renewable
Energy Corporation Limited.
(i)
"Renewable Energy Power Plant" means
a power. plant generating grid quality electricity from Renewable Energy
Sources excluding conventional power plant.
(j)
"Renewable Energy Sources" (RES)
means and includes non-conventional renewable energy generating sources such as
mini hydel upto 15 MW, wind, solar and biomass as approved by the Ministry of
New and Renewable Energy Sources, Government of India; and
(k)
"Wind farm" means a place where wind
turbine generator is set up generate electricity through use of wind energy.
(2)
Words and expressions used but not defined in these
rules shall have the same meanings as assigned to them in the Rajasthan Land
Revenue Act, 1956 and Electricity Act, 2003 (Central Act No. 36 of 2003).
Rule - 3. Application for allotment.?
(1)
The Power Producer shall select appropriate site of
land available in the area where the Renewable Energy Power Plant is proposed
to be set up.
(2)
The application for allotment of Government land
for setting up Renewable Energy Power Plant shall be submitted by the Power
Producer in Form "A", duly completed, to the Rajasthan Renewable
Energy Corporation.
(3)
Every application shill be given a registration
number by RREC and list of registered application shall be displayed on the
Notice Board of RREC.
(4)
The application shall be processed and recommended
by the RREC to the District Collector, if found complete in all aspects and if
the applicant fulfills all the requirements for allotment of land as per the
Policy for promoting generation of electricity through non-conventional energy
sources declared by the Energy Department, Government of Rajasthan, from time to
time.
(5)
If the Collector after considering the application
is satisfied that the proposals are complete in all respects, he shall send the
application with his comments to the State Government.
Rule - 4. Period of allotment and terms and conditions of lease.?
(1)
After receiving the proposal from the District
Collector under sub-rule (5) of rule 3, allotment of land for setting up of
Renewable Energy Power Plant may be made by the State Government.
(2)
Land for Renewable Energy Power Plant shall be
initially allotted on lease hold basis for a period of 30 years from the date
of allotment. The lease may be renewed for a further period of 10 years.
(3)
On the expiry of lease period the land allotted
under these rules shall revert back free from all encumbrances to the State
Government.
(4)
The lessee shall abide by all the terms and
conditions prescribed in the lease deed.
(5)
Every Power Producer shall abide by all the terms
and conditions of allotment and directions issued by the State Government and
R.R.E.C. from time to time.
(6)
The Lease holder shall have limited rights in the
land allotted to him for the purpose of setting up Renewable Energy Power
Plant.
(7)
The lease-holder in the lease period, may assign
his interest to any financial institution for the purposes of taking loan for
establishing or developing the Renewable Energy Power Plant, such assignment
shall be subject to first charge of the Government.
Rule - 5. Land not available for allotment.?
The following land shall not be
allotted under these rules : -
(a)
Land prohibited under section 16 of the Rajasthan
Tenancy Act, 1955 (Rajasthan Act No. 3 of 1955),
(b)
Land situated in catchment area of any tank, river,
Nala, Nadi,
(c)
Land reserved for allotment under any specific
rules,
(d)
Land falling under urbanisable limit or peripheral
belt as provided under section 90-B of the Rajasthan Land Revenue Act, 1956
(Act No. 15 of 1956),
(e)
For polluting plants land within radius of 1.5 km
and land within radius of 0.5 km for non-?polluting plants from outer limits of
inhabitance (abadi) of a revenue village. In special circumstances after
recording reasons for the same the State Government may relax this condition
only for non-polluting plants,
(f)
Land falling within National Capital Region, or
(g)
Land falling within the boundary limits of any
Railway Line or any other road maintained by Central or State Government or
local authority as specified in any Act or Rules or within the limits specified
in the guidelines given by the Indian Road Congress from time to time.
(h)
[Land falling within the limit of 2 km.
of both the sides from the middle point of Jaisalmer to Sam Road.]
Rule - 6. Assessment of premium and Annual Lease Rent.?
(1)
The lease rent payable on the land allotted for
setting up of Renewable Energy Power Plant shall be paid annually.
(2)
[Annual rent shall be charged at the
rate of 5% per annum of the premium as specified in sub-rule (3) for 2 years
from the date of allotment which shall be enhanced thereafter for every year at
the rate of 5% per annum of the previous year.]
(3)
Premium of whole of the land allotted for Renewable
Energy Power Plant shall be [equal
to] the market price of the land calculated on the basis of market value
determined by the DLC. After 30 years if the lease is renewed for a further
period of 10 years, the premium shall be [equal
to] the market price of the land arrived at by the D.L.C., at the time of
renewal.
(4)
The ownership of the land shall continue to vest in
the State Government.
(5)
The Power Producer or Developer shall be liable to
pay annual rent and premium for the whole of the allotted land irrespective of
the fact that he has utilized only a part or portion of the land for erecting
structures and installing machines for the generation of electricity from the
Renewable Energy Power Plant.
Rule - 7. Setting up of Renewable Energy Power Plant.?
(1)
A Renewable Energy Power Plant shall be set up
within a period of two years from the date of allotment of land:
Provided that a Power Plant based on
biomass shall be set up within a period of three years from the date of
allotment:
Provided further that the State
Government may extend the period of setting up of Power Plant for valid reasons
on the application made by lessee and recommended by R.R.E.C.
(2)
If the land is not used within the stipulated period
or time extended by the State Government as per provisions of sub-rule (1), the
land shall revert back to the State Government free from all encumbrances.
Rule - 8. Restriction on use of land for any other purposes.?
The land allotted under these rules
shall be used strictly for the purposes of setting-up of Renewable Energy Power
Plant. The Power Producer shall neither use, nor allow, the land to be used for
any other purpose and shall not make any constructions on the said land other
than that Which is required for the setting, operations and maintenance of the
Renewable Energy Power Plant and evacuation of the energy generated thereof.
Rule - 9. Restriction on sub-lease of Land.?
(1)
No power producer except Developer may be allowed
to sub-lease the part of leased land Developer may sub-lease the land to the
Investor subject to the provisions of these rules.
(2)
[Where the Developer desires to
sub-lease any of the area or part of the area allotted to him and his interest
in the leased area for the propose of generating the wind energy or solar
energy, he may be allowed to do so by the Collector or [recommendation of
R.R.E.G., and on payment of fifty percent of prevailing market value of land
after deducting premium charged under sub-rule (3) of Rule 6] The
transferee shall pay fifty percent additional lease rent annually.]
(3)
Whenever any leased area is sub-divided as a
consequence of sub-lease under sub-rule (2), all terms and conditions of lease
as applicable to the lessee shall also be applicable to the sub?lessee except
lease rent. The Sub-lessee in the sub-lease period, may assign his interest to
any financial institution for the purpose of taking loan for establishing or
developing [Wind
Farms, Wind Power Plant, Solar Parks and Solar Power Plant], such assignment
shall be subject to first charge of the Government.
(4)
In case of sub-lease, following conditions shall
also be applicable; namely: -
(i)
the Lessee can make sub-lease only after taking
prior permission of the Collector with the approval of the State Government;
(ii)
the sub-lessee shall be liable to make payment of
charges specified under these rules;
(iii)
the sub-lease shall be permissible only for the
purposes for which the land was leased out to the Lessee;
(iv)
sub-lease period shall not exceed the remaining
period, of the original or renewed lease period, as the case may be;
(v)
the terms and conditions applicable to lessee
shall mutatis mutandis apply to all sub-lessees;
(vi)
the rights and liabilities between the Developer
(Lessee) and Investor (Sub-Lessee) shall be determined among themselves and.
those shall not be binding on the State Government;
(vii)
the State Government shall not be liable for any
dispute arising between the Lessee and sub-Lessee;
(viii)
any other conditions Which may be specified by the
State Government, from time to time; and
(ix)
[sub-lessee may only once transfer his
interest in the sub-lease to another investor, subject to prior approval of
R.R.E.C. On such transfer the sub-lessee deposit fifty percent of the
prevailing market value of land in Government account after deducting the price
charged by the lessee under sub-rule (2). The transferee shall pay fifty
percent additional lease rent.]
Rule - 10. Lease Deed.?
(1)
The allottee of land shall execute a lease deed in
Form 'B' appended to these rules within 45 days from the date of allotment
order.
(2)
The lease shall be subject to the terms and
conditions provided in the lease deed.
Rule - 11. Consequences of breach of terms and conditions by the Lessee or Sub-lessee.?
(1)
The power producer shall initiate activities on the
allotted land only after the execution of the lease deed. The allotment of land
shall be liable to be cancelled if power project does not start comMercial
operation within the time prescribed in rule 7.
(2)
If and when the Lessee or Sub-Lessee makes any
default or contravenes any of the terms and conditions of allotment of land as
set forth in the Lease Deed or any of the provisions of Rajasthan Land Revenue
Act, 1956 (Act 15 of 1956) and these aides or any of the provisions contained
in any law relating to generation of electricity, the lease shall come to an
end and the land shall revert back to the State Government.
(3)
The lease holder shall have to remove all
structures and installations from the land at his own cost and upon his failure
to do so, the Collector shall have power to do so and to dispose off the same
and recover the expenses of so doing from the Developer or Investor or both.
(4)
The amount received from disposal of Articles shall
first of all be adjusted towards the dues, if any, standing expenses incurred
for removal of structures/ machineries and those incurred on disposal of these
articles and any residue sum shall he remitted to the Developer/Investor.
Rule - 12. Power producer to adhere to the Policy of the State Government.?
(1)
Subject to the provisions of these rules, Power
Producer shall adhere to the "Policy for promoting Generation of
Electricity through non-conventional Energy Sources" as may be declared by
the State Government from time to time.
(2)
Without prejudice to the generality of provisions
contained in sub-rule (1),
(3)
when the order allotment are issued, the lease deed
shall be signed by the Collector. only after Security Money is deposited by the
Power Producer with the RREC as per the provisions of said Policy and premium
as per these rules.
(4)
where lease deed is not executed in prescribed time
the allotment shall automatically be cancelled.
(5)
the Power Producer shall follow the time frame for
completion of project and running the same.
Rule - [9][12A. Allotment of Land to the R.R.E.C. or Rajasthan Solar Park Development Company Limited.?
Land may be
allotted to the R.R.E.C. or Rajasthan Solar Park Development Company Limited
for setting up and developing Solar Park, on the following terms and
conditions, namely: -
(i)
The land shall be allotted on lease hold basis for
a period of 99 years;
(ii)
The premium to be charged for the allotment of
government land for setting up and developing Solar Park shall be equivalent to
25% of the DLC of the same class of agricultural land in the vicinity and shall
be determined accordingly;
(iii)
Lease rent shall be payable at the rate of Rs. 1/-
per acre per annum;
(iv)
The R.R.E.C. or Rajasthan Solar Park Development
Company Limited, may sub-lease the leased land or part thereof for setting up
and developing Solar Park for solar plant/ solar powder plant / solar PV power
plant/solar thermal power plant/solar farm purposes;
(v)
The R.R.E.C. or Rajasthan Solar Park Development
Company Limited, may levy and recover such lease rent and other charges as may
determined by it, in respect of the lands sub-leased by it;
(vi)
The periods of the sub-leases shall be determined
by the R.R.E.C. or Rajasthan Solar Park Development Company Limited, but such
period shall not exceed 30 years, in all, in any case.
(vii)
The Land shall revert to the Government free of all
encumbrances and without payment of any compensation, in case the R.R.E.C. or
Rajasthan Solar Park Development Company Limited or any of it's sub lessees,
use it for any purpose other than solar plant/solar power plant/ solar PV power
plant/solar thermal power plant, including essential welfare and supporting
services or commit breach of any other condition of the lease or sub-leases;
and
(viii)
The sub-lessees of the R.R.E.C. or Rajasthan Solar
Park Development Company Limited shall continue to be governed by all other
terms and conditions prescribed in these rules and any other analogous rules
that may be promulgated or orders that may be issued, in this behalf by the
State Government.]
Rule - 13. Repeal and Savings.?
(1)
The Rajasthan Land Revenue(Allotment of Land for
Setting up of Wind Farm) Rules, 2006 are hereby repealed.
(2)
On and from the date of commencement of these
rules, the land for establishment of Renewable Energy Power Plant shall be
allotted under these rules.
(3)
All Lands allotted for establishment of Renewable
Energy Power Plant and lease deeds executed in favour of any Power Producer
under and in accordance with the administrative decisions or rules so repealed
shall except in the matters which are repugnant or inconsistent to these rules,
be deemed to have been allotted and executed under and in accordance with the
provisions of these rules.
Form
- A
(See Rule
3)
Application
Form for Submitting Proposals Under the "Policy For Promoting Generation
of Electricity Through Non-Conventional Energy Sources
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I.
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Company
Details
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1.
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Name of the applicant / organization
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2.
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State whether the applicant /
organization is a
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a) Company registered under Indian
Companies Act 1956;
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b) Co-operative Society;
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c) Any other corporate entity.
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3.
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Address:
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i) Office
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a) Telephone No.
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b) Fax No.
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c) Email Address
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ii) Name and Address of the
authorised person
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a) Name
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b) Address
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c) Telephone No.
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d) Fax No.
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4.
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In case of any other corporate
entity, give details of partners / directors/ owners
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5.
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Whether income tax assessee, if yes,
please state the year up to which assessment mane (copies of assessment for
last three years to be enclosed)
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6.
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If answer to 5 is No, state whether
the promoter is en assessee.
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7.
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Income tax permanent A/c. NO.
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8.
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Present activity / business carried
on by the applicant/ organisation.
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9.
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Give details of the turn over of the
organization in last three years (copies of the profit and loss account and
Balance Sheet / Annual Report to be enclosed).
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10.
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Do you propose set up the plant in
the name of existing company or propose some sister concern.
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II
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Proposed Power
Project
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1.
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a) Proposed Gross Capacity (MW)
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b) Auxiliary Consumption (MW)
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c) Net Capacity (MW)
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d) Plant Load Factor (PLF)%
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e) Net expected power generation per
annum
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: ?............... lacs KWh
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2.
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a)Location of proposed site with
details.
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b) Land details of the power plant
site
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i) Name of village
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ii) Khasra Nos.
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iii) Area of land from each Khasra
No.
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iv) Land map with clear markings of
land : required for the project.
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v) Is it Govt. land or Pvt. land
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3.
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Nearest Railway Station
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4.
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Name of the manufacturer with address
for supply, installation and commissioning of the power generation system, if
identified.
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5.
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Financing Arrangement:
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a) Own funds (promoters)
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b) IREDA/ PFC/REC/ Financial
Institution / Commercial Banks
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c) Equity
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d) Others
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6.
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Time frame and pert chart for major
activities.
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i) Acquisition of land
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ii) Signing of PPA
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iii) Expected financial closure
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iv) Date of commissioning /
synchronization
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v) Proposed Commercial Operation Date
(COD)
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7.
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Power Plant proposed to be set up for
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a) Captive use
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b) Sale to RVPN/DISCOM on approved
rate
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c) Third party sale at mutually
agreeable rates on payment of approved wheeling charges to RVPN.
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8.
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Please tick the Non Conventional
Source of Energy on which the project is proposed to be based
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a) Biomass
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b) SPV SPY - Wind Hybrid
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c) Wind
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d) Mini-Small Hydel
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e) Biogas
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III
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Details of
Proposed Power Projects
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a)
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For Biomass
based Power Plants:
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i)
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Biomass proposed to be used (i.e.
Rice husk, mustard stalk,
wood chips, saw dust, coconut shell, groundnut husk, wood
waste fire wood industrial waste of paper mills plywood industry etc.
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: Name and type of Biomass
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ii)
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Name of Technology (Pyrolysis,
Gasification, Incineration/
Palletisation/ Briquetting, through gas/ Steam turbine, duel fuel
engine/gas engine route or combination thereof / Bagasse /Biomass
Cogeneration)
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iii)
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Required quantity of Biomass
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:..................... MT per year
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iv)
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Available quantiiy of Biomass
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:..................... MT per year
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a)
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From own sources year
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:..................... MT per year
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b)
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From other sources
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:..................... MT per year
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v)
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Calorific value of proposed biomass
to be used
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:....................Kcal/Kg
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vi)
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Cost of biomass to be used
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: Rs. ...............per tone
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vii)
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Is the biomass available for 10 years
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: Yes/No......................
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c)
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Solar
Photovoltaic Power Plant (SPV)/SPV-Wind Hybrid:
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i)
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No. of Solar Modules proposed
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ii)
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Capacity of PCU
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iii)
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Battery bank proposed
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: Yes/No
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iv)
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If yes, its capacity:
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v)
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Duration and time of day during which
supply of power is proposed :
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d)
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Wind farms : -
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i)
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Total capacity of the proposed Wind
Farm, along with Micro siting plan as per C-WET guidelines. Type test
approval and Power Curve of WEG proposed should also be enclosed.
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ii)
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No. of Wind Energy Generators (with
capacities) proposed to be installed along with individual capacity of
generators (Technical Parameters of WEG should be indicated).
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iii)
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Location at which Wind Farm is
proposed along with category of Land i.e. Revenue/ Forest, Khasra wise area
and Jama bandi map (only out of eight potential locations authenticated by
C-WET).
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iv)
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Wind assessment, Feasibility report,
DPR of proposed site is enclosed. (Applications not accompanied with
Feasibility report will not be entertained). Feasibility report should
include Site details, Wind assessment data, Basis/Source of Wind Data
Estimated generation on the basis of Power Curve of WEG proposed and cash
flow analysis including profitability statement, assumptions made etc.
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v)
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Please furnish the details of
previous experience in the field of wind power generation and or
manufacturing of WEGs, or experience in generation of grid quality power.
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e)
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Hydel Power
Plant:
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i)
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Capacity of proposed Mini/Micro &
Estimated annual generation
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ii)
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Design head & discharge
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iii)
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No. of turbines & their capacity
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iv)
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Type of turbine
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v)
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Generation voltage
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vi)
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Location of proposed plant:
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a)
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Dam/Canal/River
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b)
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Village
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c)
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District
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vii)
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Whether feasibility report of
proposed site is enclosed (without feasibility report application will not be
entertained). Format is enclosed
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f)
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Biogas Plants:
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i)
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Type of fuel used
(i.e. cattle dung / digested slurry / Kitchen waste/ Agro waste etc.)
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ii)
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Required quantity of bio-fuel
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: ...............MT per year
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iii)
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Available quantity of bio-fuel
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a)
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From Own Source
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: ...............MT per year
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b)
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From Other Source
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...............MT per year
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iv)
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Cost of bio-fuel available for 10
years
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:...................Rs./MT
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v)
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Is the bio-fuel available for 10
years
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:...................Yes/No
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IV.
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Electrical
Details
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1.
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Transmission of Power &
Evacuation plan/interconnection facility for the proposed plan
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2.
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Interfacing scheme proposed
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3.
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For captive power plant
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i)
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Present consumption of Electricity.
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a) From Vidyut Vitaran Nigam
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b) Captive Generation
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ii)
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Connected load of the company
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iii)
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HT/LT consumer.
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iv)
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Nearest Sub-station of RVPN/NVN and
distance from the proposed power plant.
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v)
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Voltage ratio of the Sub-station
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:
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V.
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Financial
Details
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1
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Estimated cost of the project
proposed
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:
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2.
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Cost of power generation per unit
(Please enclose Cash Flow Chart also).
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: ......................Rs./kWh
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3.
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How do you propose to raise the
required finance for the project:
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a) Equity share capital
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b) Promoters contribution
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c) Term Loans
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4
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Do you envisage any foreign
collaboration, if so please furnish the details
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:
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5.
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Details of the application/processing
fee remitted
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: (@ Rs 50000/- per MW)
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a) Amount Rs.
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:
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b) Demand Draft/Cheque No.
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:
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c) Date
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:
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6.
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Detail of Security amount remitted
(as per clause 15.2 of Policy 2004) -
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:
|
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? For Wind energy projects:
|
|
|
(1) In Jaisalmer district
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: Rs. 10 lac per MW
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|
(2) In other districts
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: Rs. 5.0 lac per MW
|
|
? For Biomass and Solar energy
projects
|
: Rs. 1.0 lac per MW
|
|
a) Amount Rs.
|
:
|
|
b) Demand Draft/Cheque No.
|
:
|
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c) Date
|
:
|
|
7.
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Detail of fee for creation of
facility for receiving station (as per clause 5.1.2 of Policy 2004)
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:
|
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a) Amount Es.
|
|
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b) Demand Draft/Cheque No.
|
|
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c) Date
|
|
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8.
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Detail of fee for Transmission and
Distribution Network Augmentation (as per clause 5.1.4 of Policy 2004):
|
|
|
|
? Rs. 15.00 lac / MW for wind energy
power plants.
|
|
|
|
? Rs, 5.00 lac / MW for biomass
power projects as well as for wind energy power projects up to 20 MW capacity
situated outside Jaisalmer-Barmer-Jodhpur region and not utilizing the EHV
network of Jaisalmer-Barmer-Jodhpur and Jaisalmer-Phalodi-Jodhpur.
|
|
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a) Amount Rs.
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:
|
|
b) Demand Draft/Cheque No.
|
:
|
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c) Date
|
:
|
|
9.
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Can you help access bilateral grants/
concessional loans from GoR to provide soft loan for your project (if yes,
give details of the agency and preliminary terms and conditions)
|
|
|
|
|
|
|
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VI. Any Other Relevant Information
Form
"B"
(See rule
10)
Lease
Deed
This lease deed made on the
.........day of............(month) 200...........Between the
.............(hereinafter called the lessee, which expression shall, unless
excluded by or repugnant to the contest includes his hairs, successors,
executors, administrators and assigns) of the first part and the Governor of
Rajasthan (hereinafter called the lessor, which expression shall unless
excluded by repugnant to the context includes his successors in Office and
permitted assigns) through Collector, District.............. of the second
part.
Whereas the lessor has agreed to grant
and the lessee has agreed to accept a plot of land measuring ..............
hectare situated ............(name of place) and more particularly described in
the schedule hereto (hereinafter called the plot) on lease on the condition
hereinafter appearing:
Now This Indenture Witness As Follows:
1.
that the lessor agrees to let the said plot and the
lessee has agreed to occupy the said plot for a period of 30 years on lease for
the purpose of setting up Power Plant based on Renewable Energy Sources for which
the lessee had applied under the provisions of the Rajasthan Land Revenue
(Allotment of Land for Setting up of Power Plant based on Renewable Energy
Sources) Rules, 2007.
2.
that the possession of the said plot is hereby
deliveredhas been delivered to the lessee on and with effect from....
3.
that the lessee hereby convenants with the lessor
as under: -
(i)
that the lessee shall duly pay the stipulated lease
rent of the said plot to the lessor or his authorized officer on or before the
7th day of each calendar year for which the rent due at such
place as the lessor may from time to time specified.
(ii)
the rent as aforesaid excludes all kinds of
tax/fee/duty which the Municipal Board, Panchayat or any Civil Body imposed or
may impose during the period of lease in respect of the said plot the lessee
agrees to pay such tax/fee/duty to the authorities concerned directly.
(iii)
the lessee hereby agrees to pay the lessor along
with the rent, further sum of Rs ............. as premium in accordance with
the provisions of the Rajasthan Land Revenue ( Allotment of Land for Setting-up
of Power Plant based on Renewable Energy Sources) Rules, 2007 and the said sum
of premium has already been deposited with lessor.
(iv)
the lessee shall set up on the said plot, Power
Plant based on Renewable Energy Sources for which land has been leased to him
by the lessor within a period of 2 years and provided that the Power Plant
based on bio-mass shall be setup within a period of three years from the date
of allotment of land and in case of his failure to do so, the said plot shall
revert to the lessor unless the stipulated period is extended by the State
Government on valid grounds.
(v)
the lessee agreed not to construct or build any
structures or building on the said plot of land or on a portion of it, which
may have the object of using it as a commercial undertaking other then for the
Renewable Energy Power Plant, for which the said plot has been leased.
(vi)
the annual rent as aforesaid shall be subject to
revision after every ten years and the enhancement in rent at each such
revision shall not exceed 25% of the rent payable for the period immediately
preceding such revision.
(vii)
the lessee shall have an option to renew the said
lease for a further period of 10 years after expiry of the present term of lease.
(viii)
in case any default is made by the leasee in
respect of any of the aforesaid terms and conditions, the lease shall stand
determined and the said plot or the land shall revert to the lessor and lessee
shall not be entitled to any compensation for premature determination of the
lease.
Provided that in case the lessee has
assigned or mortgaged its leasehold right in favour of any institution or
institutions for the purpose of availing of financial assistance, the lessor
shall before exercising its rights to determine the lease of the said plot give
notice thereof to the assignee or mortgagee, as the case may be, and in case
default is not rectified either by the company or by assignee or the mortgagee
within a period of 3 months from the date of the receipt of the notice, the
said plot or land shall revert to the lessor.
(ix)
The lessee shall have to remove therefrom at his
cost, all the buildings and structure constructed by him thereon. In case of
his failure to do so, the lessor shall have a right to dispose the said
structures or buildings in any way he likes and to refund the proceeds to the
lessee after recovering all the sum due to him from the lessee.
(x)
the lessee shall abide by all the terms and
conditions prescribed in the lease deed and direction issued by the State
Government and R.R.E.C. from time to time.
(xi)
the lessee shall adhere to the Policy for promoting
generation of electricity through Non Conventional Energy Sources.
(xii)
the lessee shall abide by all the provisions of the
Rajasthan Land Revenue (Allotment of Land for Setting up of Power Plant based
on Renewable Energy Sources) Rules, 2007, as amended from time to time.
4.
The cost and expenses incidental to the preparation
and execution and registration of this lease including stamp duty shall be born
and paid by the lessee.
5.
In witness whereof the parties hereto have set
their respective hands on the dates maintained against their signatures.
|
1. Witness
|
1. Signed for and on behalf of the
Governor of Rajasthan
|
|
2. Witness
|
2. Signed by the lessee
|
Dated:
Dated:
Schedule
Plot of land measuring ............
Khasara No.
Bounded on the Area
Khasara No.
Situated in village.................
Tehsil..............
District..............
SD/ -
VII. Declaration
(i)
I/We certify that all information furnished is true
to the best of my/our knowledge.
(ii)
I/We agree that Govt. of Rajasthan is the final
authority to allot us the project.
(iii)
I/We shall not any dispute for non-allotment of the
project.
(iv)
I/We agree to sign necessary agreement with Govt.
of Rajasthan/RREC.
(v)
I/We agree to comply with the terms and conditions
of Policy for Promoting Generation of Electricity through Non-conventional
Energy Sources 2004.
Signature of the authorised Signatory
of the Organisation with Seal
Place:
Date:
VIII. Documents Enclosed: -
1.
A certified copy of the Memorandum & Article of
Association of the Company.
2.
Certified copy of the registration certificate.
3.
Certified copy of the partnership deed.
4.
Certified copy of the Authority conferring powers
on the person(s) who are competent to execute the MOU/the agreement with
GoR/RREC/RVPN /DISCOM.
5.
Detailed Project Report alongwith documents &
attachments and the interfacing scheme etc. in 3 copies.
6.
Processing fee in the form of D.D.
No............... dated ..........payable to the Managing Director, RREC, at
Jaipur for Rs..............
7.
Annual Report of the Company for last three years.
.................................................................................................................................................................................................................................
Receipt of Application
Received an application to set up
............... MW .................. based power plant
in.................................................... from
M/s................................................................ alongwith
processing fee of Rs..................... (Rs. 50,000/- per MW), paid through
D.D. No........................dated..................
Authorized signatory
RREC, Jaipur