In Compliance of State Cabinet Order No. 187/ 2012 dated 04.10.2012 and subject to conditions as enumerated in this order, the following customized package (hereinafter referred to as the package') is hereby ordered for M/s. INOX Air Products Limited and other new enterprise manufacturing industrial gases in the State (hereinafter referred to as 'the enterprise');-

1. Eligibility for customized package.-

The enterprise shall be eligible to avail the benefit provided under this package on fulfillment of the following conditions, namely:-

(i) The enterprise shall fulfill all the conditions including the conditions of eligibility for new enterprise as provided under RIPS-2010.

(ii) That enterprise shall set up a unit for manufacturing of Industrial gases in the State with minimum investment of Rs. 50 crores or more as defined in RIPS-2010.

(iii) The enterprise shall commence the commercial production during the operative period of RIPS-2010.

(iv) The enterprise shall not be eligible to claim benefit of any subsidy under any other Scheme of the Slate Government. However, exemptions as provided under RIPS-2010 would be available to the enterprise, subject to the eligibility.

2. Subsidy.-

A. Subsidy shall consist of Investment Subsidy and Employment Generation Subsidy and shall be allowed, for a period of seven years, to the enterprise on issuance of Entitlement Certificate in Form-B appended to the package.

B. The maximum amount of subsidy shall be 75% of the total amount of tax (es) that is VAT and CST or SGST (whenever introduced), which have become due and have been deposited into the Government exchequer;

(i) on account of sale within the State (VAT) and,

(ii) on account of sales in the course of inter state trade and commerce (CST);

of Industrial gases manufactured by the enterprise within the State.

However, no subsidy shall be allowed on the sales made, in any manner, outside the state of Rajasthan.

C. Break-up of subsidy amount shall be as mentioned in Table-1 given below:-

Table-1

D. Investment subsidy shall be allowed to the enterprise on the basis of tax deposited by the enteiprise subject to condition that the total amount of subsidy (Investment subsidy + employment generation subsidy) shall not exceed 75% of the amount of tax (es) which have become due and have been deposited by the enterprise.

E. The maximum limit of Employment Generation Subsidy shall be as mentioned in column number 3 of Table 2, and shall be allowed to the eligible enterprise at the rate as mentioned in column number 2, according to the category of employee as mentioned in column number 1 of Table 2 given below:

Table 2

F. The subsidy allowed under this clause shall be provisional and shall be recovered along with interest at the rate of 18% from the enterprise, in case it fails to make the investment and / or fails to provide the employment as provided under sub-clause (ii) of clause 1 of the package.

G. The subsidy shall not be allowed, on the sales of Industrial gases manufactured by the enterprise in the State to its subsidiaries and/ or marketing wing and / or its dealers, who dispose of said goods other than by way of sale within the State.

H. The State Government reserves the right to deny the subsidy as provided under this package to any enterprise by an order, on such transactions as specified therein. However, benefits of RIPS-2010 i.e. 30% investment subsidy and 20% employment generation subsidy shall be available on such transactions, if eligible.

3. Exemption.-

The enterprise shall be entitled to avail the following exemptions as provided under RIPS-2010, subject to the eligibility:-

(i) 100% exemption from payment of luxury tax for seven years;

(ii) 50% exemption from payment of electricity duty for seven years;

(iii) 50% exemption from payment of land tax for seven years;

(iv) 50% exemption from payment of mandi fee for seven years;

(v) 50% exemption from payment of stamp duty on purchase or lease of land and construction / improvement of such land; and

(vi) 50% exemption from payment of conversion charges payable for change of land use.

4. Procedure for claim of subsidy.-

(i) The beneficiary enterprise shall submit an application in Form A appended to the package, before the Member Secretary, State Level Screening Committee (hereinafter referred to as "the SLSC") constituted under RIPS-2010, along with proof of investment made by it duly certified by the Chartered Accountant, within ninety days from the.-

(a) date of commencement of commercial production; or

(b) date of issuance of order of the package

Whichever is later.

(ii) The Member Secretary shall place the application before the SLSC within 45 days from the receipt of the application, unless specifically extended for reasons to be recorded in writing.

(iii) Where the application has been filed beyond the time limit as provided under sub-clause (i) above, the SLSC may condone the delay in filing the application.

(iv) In case the SLSC approves the entitlement of the enterprise for benefit, the Member Secretary shall issue Entitlement Certificate in Form-B appended to the package, and shall forward the copies to all concerned immediately but not later than seven days from the date of decision taken by the SLSC, unless specifically extended for reasons to be recorded in writing.

5. PROCEDURE FOR DISBURSEMENT OF SUBSIDY:

A. For Investment Subsidy :

(i) For disbursement of subsidy the enterprise after having received an Entitlement Certificate as prescribed under the package shall apply quarterly in Form - C, appended to the Package, to Assistant Commissioner/ Commercial Taxes Officer of the area where the enterprise is registered with the Commercial Taxes Department along with proof of deposit of tax.

(ii) On receipt of the application, the officer concerned shall examine the facts mentioned in the application and shall pass an order for sanction cum disbursement of Subsidy in Form VAT-37B, within 15 days from the receipt of application, subject to availability of Budget provision.

(iii) The said sanction in Form VAT-37B shall be forwarded to the concerned Treasury Officer for deposit of subsidy amount for the subsequent tax period(s) of the applicant by way of adjustment through treasury Book Transfer (BT).

(iv) The Treasury Officer shall take necessary steps to pass adjustment order through Book Transfer (BT) without any delay and shall forward two copies of duly adjusted Form VAT-37B to the Assistant Commissioner/ Commercial Taxes Officer. A copy of same shall also be forwarded to the office of the Accountant General. The Assistant Commissioner/ Commercial Taxes Officer shall forward a copy of Form VAT-37B to the applicant as a proof of disbursement of subsidy.

B. For Employment Generation Subsidy :

(i) For disbursement of employment generation subsidy, the enterprise after having received an Entitlement Certificate as prescribed under the package shall apply after the end of the year in Form - D, appended to the package, to Assistant

Commissioner/ Commercial Taxes Officer of the area where the enterprise is registered with the Commercial Taxes Department along with copy of challan(s) for the amount of contribution of EPF and/or ESI

(ii) On receipt of the application, the officer concerned shall examine the facts mentioned in the application and shall pass an order for sanction cum disbursement of Subsidy in Form VAT-37B, within 15 days from the receipt of application, subject to availability of Budget provision.

(iii) The said sanction in Form VAT-37B shall be forwarded to the concerned Treasury Office for deposit of subsidy amount for the subsequent tax period(s) of the applicant by way of adjustment through treasury Book Transfer (BT).

(iv) The Treasury Officer shall take necessary steps to pass adjustment order through Book Transfer (BT) without any delay and shall forward two copies of duly adjusted Form VAT-37B to the Assistant Commissioner/Commercial Taxes Officer. A copy of same shall also be forwarded to the office of the Accountant General. The Assistant Commissioner/Commercial Taxes Officer shall forward a copy of Form VAT-37B to the applicant as a proof of disbursement of subsidy.

6. Procedure for claim of exemption(s).-

For claim of exemption from tax, the enterprise shall apply in the manner as provided under RIPS-2010, and the provisions for grant of Entitlement Certificate(s) shall apply accordingly.

7. Breach of condition.-

In case of breach of any condition, the Officer disbursing the subsidy shall inform the Commissioner, Commercial Taxes. The Commissioner, Commercial Taxes shall refer the matter to the State Empowered Committee constituted under section 3 of the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011 (Act No. 7 of 2011). After affording opportunity of being heard to the enterprise, where the said Committee is of the opinion that a breach of condition has been committed it shall order to the Officer disbursing the subsidy to recover the amount along with interest as provided under sub-clause F of clause 2 of the package.

8. Review or modification of this order.-

The State Government reserves the right to review or modify the package as and when required.

9. Applicability of the provisions of RVAT Act 2003 and RIPS-2010 -

(i) Provisions of RVAT Act 2003 and rules made there under shall be applicable.

(ii) Subject to the provisions of the package, all the provisions of RIPS-2010 shall apply mutatis mutandis.

10. Redressal of grievances related to implementation of the package.-

Any grievance related to implementation of this order shall only be referred to State Empowered Committee as constituted under section 3 of the Rajasthan Enterprises Single Window Enabling and Clearance Act, 2011 (Act No. 7 of 2011), through its nodal agency. The decision of the said Committee shall be final.

FORM-A

Application for Entitlement Certificate for Subsidy

To

The Member Secretary,

State Level Screening Committee

(constituted under RIPS-2010)

I have read the conditions of the package and undertake to abide by them. I also verify that all the above facts are true to the best of my knowledge and belief.

Encl:

1. Proof of investment

2. Copy of project report

3. Copies of Challan of EPF/ESI

4. Proof of Deposit of VAT/CST/SGST, if any

5. Certificate of Chartered Accountant regarding valuation

6. Affidavit in support of the facts of the application.

7. Copy of resolution.

FORM-B

Entitlement Certificate for Subsidy

Period of validity of this Entitlement Certificate is seven years from the date of issuance of this certificate.

This certificate may be revoked by the issuing authority in case the applicant violates any of the conditions of the customized package.

FORM-C

Application for Disbursement of Investment Subsidy

To

The Assistant Commissioner/

Commercial Taxes Officer,

Circle............

I have enclosed the proof of deposit of tax and hereby verify that all the above facts are true to the best of my knowledge and belief.

Encl.: Proof of deposit of tax (VAT/CST/SGST)

FORM-D

Application for Disbursement of Employment Generation Subsidy

To

The Assistant Commissioner/

Commercial Taxes Officer,

Circle............

Financial Year: From .........to.........

I have enclosed the proof of deposit of tax and hereby verify that all the above facts are true to the best of my knowledge and belief.

Encl.: Copy of challan for the amount of contribution of EPF and / or ESI along with category wise list of employees.

By order to the Governor,

(Aditya Pareek)

Deputy Secretary to the Government