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‘Many firms operating illegally from IT park’

“Many companies in the Rajiv Gandhi Chandigarh Technology Park are illegally using the campus of the DLF building for the purposes other than those for which the site was allotted under rules”.

Written by Express News Service | Chandigarh |
October 21, 2009 4:39:53 am

“Many companies in the Rajiv Gandhi Chandigarh Technology Park (RGCTP) are illegally using the campus of the DLF building for the purposes other than those for which the site was allotted under rules”. These are the startling findings given in the special audit report by the Ministry of Home Affairs.

Calling it a breach of terms and conditions of sales/ lease and contravention of the provisions contained in the Capital of Punjab (Development and Registration) Act,1952,and the Allotment of Campus sites in the Chandigarh Information and Service Park Rule 2002; the report added,“from the records,it is seen that the companies are illegally using the campus of the DLF building”.

The purpose of development of IT parks was to promote the business of IT companies — companies,whose main business/ profile was for the promotion of IT,software development,maintenance,support etc.

According to the rules,the draft joint venture agreement allow only those companies to be housed in the IT park,whose main profile promotes IT and not only uses it as a tool for their own business facilities and promotion.

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The rules read,“The profile of tenant shall include only such users as are involved in information services including software development,software maintenance and IT-enabled services. The tenants may also include those providing commercial services required for the information services,recreation,etc. subject to building controls and usage restrictions. These restrictions shall be applicable for a period of five years from the date of issue of (Partial) completion certificate”.

Joint Venture Agreement Clause III (a) reads,“The JVC shall comply with all statutory provisions,rules and regulations,and bylaws in all respects including payments of all fees,taxes in accordance with the provisions of all control and state government enactments status,rules and regulations of public bodies as envisaged in the original tender documents”. Clause 12 of the allotment letter dated December 23,2003 issued to the company also provides that the site and building shall be used only for the proposed envisaged in relation of allotment of campus sites in the Chandigarh Information Technology Park Rules — 2002”.

“Perusal of the rules defines that in order to qualify for being a tenant in their building,the primary line of business of any tenant company should be IT/ ITES only and that it should not be mere computerized back office operation,” the audit report stated.

However,the companies including Aditya Birla Retail Limited; Agilent; Aimil; Atls Copco; DLF Home Developers Limited etc. are found violating the terms and conditions in the audit report.

On the other hand,the UT Administration officials maintained that there is nothing wrong at IT park and all the allotments had been made as per rules. “The rules and regulations were duly followed and all the procedures were taken care of. We are in the process of drafting our reply to the MHA’s report,which shall bring clarity to the entire issue”.

The audit report also termed the existence of a shopping mall,complex (including a restaurant-cum-night club — Black Magic) in DLF building as illegal and a violation of the agreement.

The report added that as many as nine companies were allotted premises in the IT park,but the companies were yet to start their operations,thus their audit was not possible. The companies include Debt Recovery Tribunal; Franchise India,Information TV,Piccadilly Agro,Relay strategy,Richi Infrastructure and Developers,Spanco Solutions,Surogo and Trigua.

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