Agenda for the 83rd BoA SEZ to be held on 19th June, 2018
In force — no superseding record on file.
No. F.2/2/2018-SEZ Government of India Ministry of Commerce and Industry Department of Commerce (SEZ Section)
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Udyog Bhawan, New Delhi Dated the 8" June, 2018
OFFICE MEMORANDUM Subject: 83" Meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) scheduled to be held on 19" June, 2018 at 11.30 A.M in Room No. 141 - forwarding of Agenda thereof — Reg. the In continuation to this Department’s O.M. of even number dated 28" May, 2018 on the above mentioned subject, the undersigned is directed to enclose herewith the Agenda for and837 meeting of the BoA for SEZs scheduled to be held on 19" June, 2018 for information necessary action. Soft copy of the agenda has also been hosted on the website: www.sezindia.gov.in. The addressees located outside Delhi are requested to download the agenda from the above mentioned website.
- The addressees are requested to make it convenient to attend the meeting.
Under (G. Srinivasan) Secretary to the Govt of India Tel: 2306 2496 Email: srinivasan.g@nic.in
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To 1. Central Board of Excise and Customs, Member (Customs), Department of Revenue, 2. North Block, New Delhi. (Fax: 23 092628). Central Board of Direct Taxes, Member (IT), Department of Revenue, North Block, New Delhi. (Telefax: 23092107).
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- Joint Secretary, Ministry of Finance, Department of Financial Services, Banking 4. Division, Jeevan Deep Building, New Delhi (Fax: 23344462/23366797). Joint Secretary, Department of Industrial Policy and Promotion, Udyog Bhawan, New
e, Department of Financial Services, Banking 4. Division, Jeevan Deep Building, New Delhi (Fax: 23344462/23366797). Joint Secretary, Department of Industrial Policy and Promotion, Udyog Bhawan, New
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- Delhi. 6. Joint Secretary, Ministry of Shipping, Transport Bhawan, New Delhi. Joint Secretary (E), Ministry of Petroleum and Natural Gas, Shastri Bhawan, New Delhi
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- Joint Secretary, Ministry of Agriculture, Plant Protection, Krishi Bhawan, New Delhi. 8. Ministry of Science and Technology, Sc ‘G’ & Head (TDT), Technology Bhavan, 9. Mehrauli Road, New Delhi. (Telefax: 268625 12) Joint Secretary, Department of Biotechnology, Ministry of Science and Technology,
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- 7" Floor, Block 2, CGO Complex, Lodhi Road, New Delhi - 110 003. Additional Secretary and Development Commissioner (Micro, Small and Medium Enterprises Scale Industry), Room No. 701, Nirman Bhavan, New Delhi (Fax: 23062315).
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Secretary, Department of Electronics & Information Technology, Electronics Niketan, 6, CGO Complex, New Delhi. (Fax: 24363101)
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Joint Secretary (IS-I), Ministry of Home Affairs, North Block, New Delhi (Fax: 23092569)
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Joint Secretary (C&W), Ministry of Defence, Fax: 23015444, South Block, New Delhi.
- 14, Joint Secretary, Ministry of Environment and Forests, Pariyavaran Bhavan, CGO 15. Complex, New Delhi — 110003 (Fax: 24363577) Joint Secretary & Legislative Counsel, Legislative Department, M/o Law & Justice, A-Wing, Shastri Bhavan, New Delhi. (Tel: 23387095).
ran Bhavan, CGO 15. Complex, New Delhi — 110003 (Fax: 24363577) Joint Secretary & Legislative Counsel, Legislative Department, M/o Law & Justice, A-Wing, Shastri Bhavan, New Delhi. (Tel: 23387095).
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Joint Secretary, (Justice-I), Department of Legal Affairs, M/o Law & Justice, New Delhi (Tel: 2338 3037).
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Secretary, Department of Chemicals & Petrochemicals, Shastri Bhawan, New Delhi 18. Joint Secretary, Ministry of Overseas Indian Affairs, Akbar Bhawan, Chanakyapuri, New Delhi. (Fax: 24674140)
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Chief Planner, Department of Urban Affairs, Town Country Planning Organisation, 20. Vikas Bhavan (E-Block), I.P. Estate, New Delhi. (Fax: 23 073678/23379197) Director General, Director General of Foreign Trade, Department of Commerce, Udyog Bhavan, New Delhi.
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Director General, Export Promotion Council for EOUs/SEZs, 8G, 8" Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi — 110 001 (Fax: 223329770)
22.Dr. Rupa Chanda, Professor, Indian Institute of Management, Bangalore, Bennerghata Road, Bangalore, Karnataka
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Development Commissioner, Noida Special Economic Zone, Noida.
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Development Commissioner, Kandla Special Economic Zone, Gandhidham.
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Development Commissioner, Falta Special Economic Zone, Kolkata.
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Development Commissioner, SEEPZ Special Economic Zone, Mumbai.
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Development Commissioner, Madras Special Economic Zone, Chennai 28. Development Commissioner, Visakhapatnam Special Economic Zone, Visakhapatnam
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Development Commissioner, Cochin Special Economic Zone, Cochin.
ssioner, Madras Special Economic Zone, Chennai 28. Development Commissioner, Visakhapatnam Special Economic Zone, Visakhapatnam
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Development Commissioner, Cochin Special Economic Zone, Cochin.
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Development Commissioner, Indore Special Economic Zone, Indore.
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Development Commissioner, Mundra Special Economic Zone, 4° Floor, C Wing, Port Users Building, Mundra (Kutch) Gujarat.
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Development Commissioner, Dahej Special Economic Zone, Fadia Chambers, Ashram Road, Ahmedabad, Gujarat
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Development Commissioner, Navi Mumbai Special Economic Zone, SEEPZ Service Center, Central Road, Andheri (East), Mumbai — 400 096
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Development Commissioner, Sterling Special Economic Zone, Sandesara Estate, Atladra Padra Road, Vadodara - 390012
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Development Commissioner, Andhra Pradesh Special Economic Zone, Udyog Bhawan, 9" Floor, Siripuram, Visakhapatnam — 3
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Development Commissioner, Reliance Jamnagar Special Economic Zone, Jamnagar, 37. Gujarat Development Commissioner, Surat Special Economic Zone, Surat, Gujarat
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Development Commissioner, Mihan Special Economic Zone, Nagpur, Maharashtra
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Development Commissioner, Sricity Special Economic Zone, Andhra Pradesh. 40. Development Commissioner, Mangalore Special Economic Zone, Mangalore. 41. Government of Andhra Pradesh, Principal Secretary and CIP, Industries and Commerce Department, A.P. Secretariat, Hyderabad — 500022. (Fax: 040-23452895).
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Government of Telangana, Special Chief Secretary, Industries and Commerce Department, Telangana Secretariat Khairatabad, Hyderabad, Telangana.
tariat, Hyderabad — 500022. (Fax: 040-23452895).
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Government of Telangana, Special Chief Secretary, Industries and Commerce Department, Telangana Secretariat Khairatabad, Hyderabad, Telangana.
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Government of Karnataka, Principal Secretary, Commerce and Industry Department, 44. Vikas Saudha, Bangalore — 560001. (Fax: 080-22259870) Government of Maharashtra, Principal Secretary (Industries), Energy and Labour Department, Mumbai — 400 032.
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Government of Gujarat, Principal Secretary, Industries and Mines Department Sardar 46. Patel Bhawan, Block No. 5, 3rd Floor, Gandhinagar — 382010 (Fax: 079-23250844). Government of West Bengal, Principal Secretary, (Commerce and Industry), IP Branch (4 Floor), SEZ Section, 4, Abanindranath Tagore Sarani (Camac Street) Kolkata — 700 016
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Government of Tamil Nadu, Principal Secretary (Industries), Fort St. George, 48. Chennai — 600009 (Fax: 044-25370822), Government of Kerala, Principal Secretary (Industries), Government Secretariat,
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Trivandrum — 695001 (Fax: 0471-2333017). Government of Haryana, Financial Commissioner and Principal Secretary), Department of Industries, Haryana Civil Secretariat, | Chandigarh (Fax: 0172-2740526).
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Government of Rajasthan, Principal Secretary (Industries), Secretariat Campus, 51. Bhagwan Das Road, Jaipur — 302005 (0141-2227788). Government of Uttar Pradesh, Principal Secretary, (Industries), Lal Bahadur Shastri
than, Principal Secretary (Industries), Secretariat Campus, 51. Bhagwan Das Road, Jaipur — 302005 (0141-2227788). Government of Uttar Pradesh, Principal Secretary, (Industries), Lal Bahadur Shastri
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Bhawan, Lucknow — 226001 (Fax: 0522-223 8255). Government of Punjab, Principal Secretary Department of Industry & Commerce Udyog Bhawan), Sector -17, Chandigarh- 160017.
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Government of Puducherry, Secretary, Department of Industries, Chief Secretariat, Puducherry.
54.Government of Odisha, Principal Secretary (Industries), Odisha Secretariat, 55. Bhubaneshwar — 751001 (Fax: 0671-536819/2406299), Government of Madhya Pradesh, Chief Secretary, (Commerce and Industry), Vallabh Bhavan, Bhopal (Fax: 0755-2559974)
- Government of Uttarakhand, Principal Secretary, (Industries), No. 4, Subhash Road, Secretariat, Dehradun, Uttarakhand
57.Government of Jharkhand (Secretary), Department of Industries Nepal House, Doranda, Ranchi — 834002.
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Union Territory of Daman and Diu and Dadra Nagar Haveli, Secretary (Industries), 59. Department of Industries, Secretariat, Moti Daman — 396220 (Fax: 0260-2230775). Government of Nagaland, Principal Secretary, Department of Industries and Commerce), Kohima, Nagaland.
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Government of Chattishgarh, Commissioner-cum-Secretary Industries, Directorate of Industries, LIC Building Campus, om Floor, Pandri, Raipur, Chhattisgarh (Fax: 0771-2583651).
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Copy to: PPS to CS / PPS to OSD (AW)/PPS to AS (BBS) / PA to Dir (TVR).
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rectorate of Industries, LIC Building Campus, om Floor, Pandri, Raipur, Chhattisgarh (Fax: 0771-2583651).
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Copy to: PPS to CS / PPS to OSD (AW)/PPS to AS (BBS) / PA to Dir (TVR).
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Agenda for the 83" meeting of the Board of Approval to be held on 19*" June 2018 in Room No.141, Udyog Bhawan, New Delhi. Item No. 83.1: Requests for extension of validity of formal approvals (8 proposals) BoA in its meeting held on 14" September, 2012, examining similar cases observed as under: -
“The Board advised the Development Commissioners to recommend the requests for extension offormal approval beyond 5" year and onwards only after satisfying that the developer has taken sufficient steps towards operationalisation of the project andfurther extension is based on justifiable reasons. Board also observed that extensions may not be granted as a matter ofroutine unless some progress has been made on ground by the developers. The Board, therefore, after deliberations, extended the validity of the formal approval to the requests for extensions beyond fifth years for a period of one year and those beyond sixth yearfor a period of 6 monthsfrom the date of expiry of last extension”. (i) (a) Request of M/s. HBS Pharma SEZ Pvt. Ltd., for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Pharmaceuticals at Panoli Industrial Estate, District Bharuch, Gujarat beyond 16/06/2018 and change of sector of the SEZ from Pharmaceutical products to Transport-Automobile & Engineering goods. Name of the developer : M/s.
i Industrial Estate, District Bharuch, Gujarat beyond 16/06/2018 and change of sector of the SEZ from Pharmaceutical products to Transport-Automobile & Engineering goods. Name of the developer : M/s. HBS Pharma SEZ Private Limited Sector i Pharmaceutical Location ‘ Panoli Industrial Estate, District Bharuch, Gujarat
Extension : Formal approval to the developer was granted on 17-06-2008. The developer has been granted 07 (seven) extensions so far and last extension was granted on 19-07-2017 and thereby validity period was extended up to 1606-2018. The said developer has now requested for further extension in validity by one more year viz. up to 16-06-2019. The SEZ stands notified as on date.
Present Progress:
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(a) Details of business Plan:-
||||Proposed|Investment (Rs. In lakhs)|
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|||||6990.17|
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|||||Total||15050.63|
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(b) Incremental investment since last extension:-
|Sr.<br>No.<br>pe|Type|ofCost|Total Investment made| Incremental<br>so far (Rs. in lakhs) up| (Rs. in lakhs) <br>geo abe ies <br>25"April 2017|investment<br> since last<br> it|
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||||expenditureetc.|96.50|
(c) Details of physical progress till date:-
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| S | iNwe<br>Network |
Detailed Reasons for delay: The approved SEZ units have not started commercial productionapprovals areas required.these units are from pharmaceutical sector and several mandatory/regulatory
Recommendation by DC
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This Zone has fully developed roads, drainage, water supply etc. and an admin complex. However, the approved pharmaceutical units were not in position to start commercial production/operation due to long gestation period, obtaining of various regulatory approvals/permissions from domestic/international agencies concerned with the sector. Due to various circumstance and factors beyond the control of the developer, and due to the fact that by a separate application, the developer has also sought change of sector, it is recommended to extend validity of LOA of developer by another year.”
The request of the developer is submitted for consideration of BoA.
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(b) M/s. HBS Pharma SEZ Pvt. Ltd., has sought for change in sector of the notified SEZ from ‘Pharmaceutical’ to “Transport-Automobile & Engineering goods” to allow manufacturing and trading in all types of tires, tubes, flaps, rubberized tracks (reinforced or otherwise), ORings and related accessories thereof such as, Rims, wheels, valves, individually or in sets/assemblies or in subsets/sub-assemblies or in any combination thereof, for all type of vehicles including off the road (“OTR”) vehicles, and rubber and/or metal components for material handling equipments, such as conveyor belts ete.
ies or in any combination thereof, for all type of vehicles including off the road (“OTR”) vehicles, and rubber and/or metal components for material handling equipments, such as conveyor belts ete.
Basic reason put forth by the developer for non development of SEZ for Pharmaceutical products is that due to changes in tax laws, pharma companies have put on hold expansions, new set-up in SEZ, which is furthered by global economic slowdown. In spite of the Developer’s best efforts and their location advantage being in the belt of pharma/chemical sectors of Ankleshwar/Panoli, in the District of Bharuch, Gujarat, till date they are unable to attract major pharma companies/units to set up units in their notified Pharma SEZ. These are due to various circumstances/factors, like long gestation period in pharma industry, regulatory approvals/permissions from domestic/international agencies, saturation in the region, etc. Thus, they are seeking approval for change in sector from pharmaceutical to ‘Transport & Automobile & Engineering Goods. They are into final stages of negotiation with key players in this sector intending to set-up Greenfield project with investment of Rs. 1000.00 crores
o ‘Transport & Automobile & Engineering Goods. They are into final stages of negotiation with key players in this sector intending to set-up Greenfield project with investment of Rs. 1000.00 crores
In view of the above circumstances and facts, the case is recommended for change in sector from ‘Pharmaceutical’ to new sector viz. “Transport & Automobile & Engineering goods” subject to conditions that they should obtain all necessary/permissions from the Government of Gujarat, SEZ Development Authority formed by the Government of Gujarat under the Gujarat SEZ Act, 2004, GIDC (as land has been obtained by the Developer on lease for 99 years from GIDC for development of Pharmaceutical SEZ) and in order to facilitate the developer to optimize and commercialize the notified SEZ before the sunset clause deadline of 31-03-2020 for the units.
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||It may not|out|ofplace to mention here that total 04 Letters ofAllotment have been|ofplace to mention here that total 04 Letters ofAllotment have been|ofplace to mention here that total 04 Letters ofAllotment have been|ofplace to mention here that total 04 Letters ofAllotment have been|
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|issued for settingup units forPharmaceutical Products so far details ofwhich are as under:-|||||||
|No.|Nameofproposed unit<br> |M/s.|||LOA|ValidityofLOA |Remarks||
|Ol|| T.<br>M.||Thakore|28/04/2017|28/04/2017|27/04/2018|Unithasnot|
||Pharmaceutical<br>Laboratories|||||commenced any<br>construction and|
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|||||||activities.|
||Galpha|Laboratories|12/05/2016||12/05/2016|11/05/2017||
2017|27/04/2018|Unithasnot|
||Pharmaceutical<br>Laboratories|||||commenced any<br>construction and|
|||||||manufacturing|
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||Galpha|Laboratories|12/05/2016||12/05/2016|11/05/2017||
||Limited||||||
||Biodeal|Laboratories|||05/01/2013||
||Pvt. Ltd.||||||
|04||Unique<br>Pharmaceutical |28/08/2010|||28/08/2010|27/08/2013|(two|
||Laboratories||||years extensions||
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As none of the approved units of Pharmaceutical Products have commenced any activities within the validity period, their Letter of Approvals have to be treated as lapsed as provided under Rule 19(5) of the SEZ Rules, 2006.
Recommendation by DC
This SEZ is fully developed with roads, drainage, water supply etc. and an admin complex. However, the approved pharmaceutical units were not in position start commercial production/operation due to long gestation period, obtaining of various regulatory approvals/permissions from domestic/international agencies concerned with the sector. Due to various circumstance and factors beyond the control of the developer, and to the fact that by a separate application the developer has also sought change of sector, it also recommended for change in sector from ‘Pharmaceutical’ to new sector viz. “Transport & Automobile & Engineering goods” subject to conditions mentioned at above para.”
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The request of the developer is submitted for consideration of BoA.
(ii) Request of M/s. Electronics Corporation of Tamil Nadu Ltd. (ELCOT Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific IT/ITES SEZ at Viswanathapuram, Hosur for one year beyond 08.05.2018 (up to 7.5.2019).
Name of the developer
: M/s. Electronics Corporation of Tamil Nadu Ltd.
Sector : IT/ITES Location : Viswanathapuram, Hosur
Location
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Extension : Formal approval to the developer was granted on 26.07.2007. The developer has been granted eight extensions last extension on validity period of LoA was up to 7.5.2018. The developer has requested for further extension upto 07.05.2019. The SEZ stands notified as on date.
(a) Details of business Plan:-
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----- Start of picture text -----<br> Proposed Investment (Rs. In lakhs)<br>Plant & Machinery |<br>Otherovetheads |<br>Toth<br>(b) Incremental investment since last extension:-<br>Sr. Type of Cost Total Investment made | Incremental investment<br>No. so far (Rs. In crores) (Rs. in crores)<br>|| 12 |[LandcostS|Material Procurement|=<br>40.00 Pl<br>----- End of picture text -----<br>
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----- Start of picture text -----<br> Other<br>| [Total Overheads ||A175<br>(c) Details of physical progress till date:-<br>Sr. Authorised activity % % Deadline for<br>No. completion completion | completion<br>as on date during last|of balance<br>ii. Creation of common | 100 % one year N/Awork<br>infrastructure facilities<br>2. Construction of 50,000 sq.ft. | 100 % 15% N/A |<br>IT building<br>----- End of picture text -----<br>
Detailed reasons for delay:
spread acrossThe Policythe State of thefor Governmentequitable growth, of Tamilwhen Nadu there isis to no take much the presence Information of IT Technologycompanies at Hosur. ELCOT has been asked to develop this location as attractive destination for IT/ITES Technology companies. ELCOT has established IT Special Economic Zones in Tier-II Cities of Tamil Nadu viz. Madurai (2 locations), Tiruchy, Coimbatore, Salem, Tirunelveli and Hosur. Two units are likely to set up their business shortly and expected to be in operation from January, 2019.
Recommendation by DC:
DC, MEPZ SEZ has recommended the request of extension of LoA for a period of one year up to 07.05.2019.
The request is placed before BOA for its consideration.
(iii) | Request of M/s. Electronics Corporation of Tamil Nadu Ltd. (ELCOT Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific IT/ITES SEZ at Vadapalanji, Madurai for one year beyond 8.5.2018 (up to 7.5.2019). Name of the developer : M/s. Electronics Corporation of Tamil Nadu Ltd. Sector i IT/ITES Location : Vadapalanji, Madurai Extension ; Formal approval to the developer was granted on 27.07.2007. The developer has been granted eight extensions last extension on validity period of LoA was up to 07.05.2018. The developer has requested for further extension upto 7.05.2019. The SEZ stands notified as on date.
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Present Progress:
(b) Details of business Plan:-
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----- Start of picture text -----<br> | 1 |LandCosts |<br>| 3 | Plant& Machinery [|<br>| 4 | Otheroverheads |<br>[Total20000<br>(b) Incremental investment since last extension:-<br>No. so far (Rs. In crores) (Rs. in crores)<br>| 1 |Landcost | 940<br>| 2 | Material Procurement |<br>| 4 |OtherOverheads |<br>| [Total | 2H | 10-16<br>(c) Details of physical progress till date:-<br>Sr. Authorised activity % % Deadline for<br>No. completion completion | completion<br>as on date during last | of balance<br>one year work<br>1. Creation of common | 100% 100% N/A<br>infrastructure facilities were<br>completed at the cost of Rs.<br>14.50 crores<br>ya Construction of Road Over | 75% 25% N/A<br>Bridge work by _ the<br>Highways Department and<br>the work pertaining to<br>Southern Railway are<br>completed<br>3. Construction of 50,000 sq.ft. |75% 25% Sep’ 2019<br>IT-cum-Administrative block<br>is under progress and is<br>expected to be completed by<br>Sep’2018. The prospective<br>allottee unit holder after<br>obtaining the necessary from<br>the DC, MEPZ, Chennai<br>shall be expected to<br>commence their commercial<br>operations by February 2019.<br>60 acres and 20 acres of land<br>have been allotted to M/s.<br>----- End of picture text -----<br>
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HCL and M/s. Chain-sys Software Export Pvt. Ltd. M/s. Chain-sys Software Export Pvt. Ltd. has obtained co-developer approval and expected to start their construction soon.
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Detailed reasons for delay:
The Policy of the Government of Tamil Nadu is to take the Information Technology spread across the State for equitable growth, when there is no much presence of IT companies at Madurai. ELCOT has been asked to develop this location as attractive destination for IT/ITES Technology companies.
ELCOT has established IT Special Economic Zones in Tier-II Cities of Tamil Nadu viz. Madurai (2 locations), Tiruchy, Coimbatore, Salem, Tirunelveli and Hosur. 75% of the construction of 50,000 sq.ft. It-cum-Administrative block was completed and the project is expected to be completed by September 2018. The prospective allottee unit holder after obtaining the necessary approval from the Development Commissioner, MEPZ, Chennai shall be expected to commence their commercial operations by February, 2019. 60 acres of land allotted to M/s. HCL and 20 acres of land allotted to M/s. Chain-sys Software Export Pvt. Ltd. M/s. Chain-sys Software Export Pvt. Ltd. has got co-developer approval and expected to start their construction soon.
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Recommendation by DC:
DC, MEPZ SEZ has recommended the request of extension of LoA.
(iv) | Request of M/s. Electronics Corporation of Tamil Nadu Ltd. (ELCOT Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific IT/ITES SEZ at Gangaikondan, Tirunelveli for one year beyond 08.05.2018 (up to 7.5.2019).
Name of the developer : M/s. Electronics Corporation of Tamil Nadu Ltd. Sector : IT/ITES Location : Gangaikondan, Tirunelveli Extension : Formal approval to the developer was granted on 26.07.2007. The developer has been granted eight extensions last extension on validity period of LoA was up to 7.5.2018. The developer has requested for further extension upto 07.05.2019. The SEZ stands notified as on date.
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Present Progress:
(c) Details of business Plan:-
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----- Start of picture text -----<br>
||||||
|---|---|---|---|---|
|||1||LandCost|||
|||3|| Plant& Machinery|||
|||4|||Otheroverheads|||
|pf Toth|
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(b) Incremental investment since last extension:-
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----- Start of picture text -----<br>
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|No.|so|far|(Rs.|In|crores)|(Rs.|in|crores)|
|||1||Landcost||25|
|||2|| Material Procurement||=|||
||||34||[Construction Other|Overheads|||88.00|
|[Total|5|SOP|
----- End of picture text -----<br>
(c) Details of physical progress till date:-
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----- Start of picture text -----<br>
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|Sr.|Authorised|activity|%|%|Deadline|for|
|No.|completion|completion|||completion|
|one year|work|
|emer|[eee|ie|
|water|facility|for|the|cost|of|
|Rs.|1,42,22,000/-|
|a|Extension of|RCC road work ||100 %|100%|N/A|
|for|the|estimate|of|Rs.|
|1,24,35,545/-|
|3|M/s.|Syntel|International|Pvt.|| 100%|100%|N/A|
|Ltd.,|have|obtained|the|co-|
|developer|status|and _|the|
|construction|of their|building|
|work|completed.|Interior|
|fixtures|is|also|completed.|
|Installation|of IT|Hardware|is|
|under|progress|and|awaiting|
|for|their|HT|power|
|commissioning.|The|
|commercial|operations|may|
|start|from|July 2018|
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Detailed reasons for delay:
\ The Policy of the Government of Tamil Nadu is to take the Information Technology spread across the State for equitable growth, when there is no much presence of IT companies at Gangaikondan, Tirunelveli. ELCOT has been asked to develop this location as attractive destination for IT/ITES Technology companies.
ELCOT has established IT Special Economic Zones in Tier-II Cities of Tamil Nadu viz. Madurai (2 locations), Tiruchy, Coimbatore, Salem, Tirunelveli and Hosur. M/s. Syntel International Pvt. Ltd. is awaiting for the HT Power commissioning and the commercial operations may start from July 2018.
Recommendation by DC:
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DC, MEPZ SEZ has recommended the request of extension of LoA for a period of one year up to 07.05.2019.
(v) Request of M/s. Electronics Technology Parks-Kerala for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/AITES at Andoorkonam village, Trivandrum, Kerala, beyond 15" May, 2018. Name of the developer: M/s. Electronics Technology Parks-Kerala Sector : IT/ITES Location: Andoorkonam village, Trivandrum, Kerala
Extension : Formal approval to the developer was granted on 16" May, 2012. The developer has been granted three extensions, validity period of which was upto 15" May, 2018. The developer has requested for further extension upto 15"" May, 2019. The SEZ stands notified as on date.
(a) Details of business Plan:-
| ProposedInvestment | (Rs. | in lakhs) |
|---|---|---|
| 6600 | ||
| 50000 |
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----- Start of picture text -----<br> | [Total56600<br>----- End of picture text -----<br>
(b) Investment made so far & incremental investment since last extension:-
S.No. | Type of Cost Total Investment made so | Incremental far (Rs. in lakhs) up to | investment — since March, 2018 last extension (Rs. in lakhs) i.e. up to 2017-18 6600 9
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----- Start of picture text -----<br> 2s Material Procurement | 1908<br>cost and overheads<br>| [[Total] | 8508<br>----- End of picture text -----<br>
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----- Start of picture text -----<br> 1583<br>1583<br>----- End of picture text -----<br>
(c) Details of physical progress till date:-
S.No. | Authorised activity % completion | % Deadline for as on date up to | completio | completion March 2018 n during/| of balance last one | work year (2017-18) Suntec IT Building March 2019 110 KV substation August 2018 20 lakh liters sump
Reason for delay mentioned by developer:
(i) Delay in soft out local land issues. (ii) | Resolution of Labour issues at project site. (iii) |Await final approval from various regulatory agencies.
Recommendation by DC:
DC, CSEZ has recommended the request for extension of LoA for a period of one year upto 15" May, 2019.
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(vi) Request of M/s. Electronics Technology Parks-Kerala for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/AITES at Pallipuram and Veiloor Village, Trivandrum, Kerala, beyond 15'" May, 2018.
Name of the developer: M/s. Electronics Technology Parks-Kerala
Sector : IT/ITES Location: Pallipuram and Veiloor Village, Trivandrum, Kerala
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Extension : Formal approval to the developer was granted on 16" May, 2012. The developer has been granted three extensions, validity period of which was upto 15" May, 2018. The SEZ stands notified as on date.
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Present Progress:
==> picture [400 x 88] intentionally omitted <==
----- Start of picture text -----<br> (a) Details of business Plan:-<br>Proposed Investment (Rs. in lakhs)<br>10800<br>| Total8580075000<br>----- End of picture text -----<br>
(b) Investment made so far & incremental investment since last extension:-
|S.No. |TypeofCost|S.No. |TypeofCost||Total Investmentmade so far|Incremental<br>(Rs. in lakhs) up to March, |investment|Total Investmentmade so far|Incremental<br>(Rs. in lakhs) up to March, |investment|since|last|
|---|---|---|---|---|---|---|
||||2018|extension|(Rs.|in|
|||||lakhs) i.e. 2017-18|||
|2.|Material||10800<br>134|109|||
||Procurement|cost|||||
||||Total|||10934||||
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(c) Details of physical progress till date:-
|S.No.||Authorised activity|%<br>as <br>toMarch|completion<br>|%<br>completion |Deadline<br>for<br> on date up| during last one |completion<br>of<br>March2018 | year(2017-18) | balancework|completion<br>|%<br>completion |Deadline<br>for<br> on date up| during last one |completion<br>of<br>March2018 | year(2017-18) | balancework|
|---|---|---|---|---|
|1.|BoundaryWall|20|20|August<br>2018|
|||||(Local<br>issues|
|||||are<br>getting|
|||||resolved).|
Reason for delay as mentioned by developer:
(i) | Change in Management decision of Infosys and Infosys surrendered the land. (ii) | Delay in settling local land issues. (ili) Awaiting final approval from various regulatory agencies.
Recommendation by DC:
DC CSEZ has recommended the proposal for extension.
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(vii) Request of M/s. GOCL Corporation Limited (Formerly Gulf Oil Corporation Ltd.) for further extension of the validity period of formal approval, granted for setting up of IT/ITES/BPO/Electronic Hardware SEZ at Kattigenahalli & Venkatala Villages, Yelahanka Hobli, Bangalore, Karnataka beyond 17" 5une, 2018. Name of the Developer : M/s. GOCL Corporation Limited (Formerly Gulf Oil Corporation Ltd.)
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Sector : IT/ITES/BPO/Electronic Hardware Location : Kattigenahalli & Venkatala Villages, Yelahanka Hobli, Bangalore, Karnataka Extension2009. The developer has been: Formalgrantedapprovalsix extensionsto the developerand last extension was grantedwas onon 18"12" JuneJuly , 2017, validity period of which is upto 17" June, 2018. The developer has requested for further extension upto 17" June, 2019. The SEZ stands notified as on date. Present Progress: (a) Details of business Plan Type of Cost Proposed Investment (Rs. In lakhs) 6,599.00 | |=|Total 94,700.001,01,299.00 lakhs
(b) Incremental investment since last extension:-
|Sl.No. |Typeofcost|Total Investment made so far|Incremental<br>(Rs. In lakhs) up to31.03.2018 |Investment|(Rs.|In|
|---|---|---|---|
||lakh)<br>since||last|
||extension|||
|1<br>Land cost|6,599.00<br>NIL|||
|2. |Material<br>procurement<br>[Total<br>|43,244.00|(Present market value)<br>26,019.00<br>3,744.00<br>10,626.00<br>1,528.00<br>43,244.00<br>5,272.00|||
(c) Details ofPhysical progress till date :-
|Sl.No.||Authorized activity||Authorized activity||%<br>completion|% completion |Deadline<br>during<br>_last |completion|% completion |Deadline<br>during<br>_last |completion|for<br>of|
|---|---|---|---|---|---|---|
|||||one year|balance work||
|1|Phase-1|(block-3 &| 100.00|||Workcompleted||
||MLCP)||||||
||Phase-II (block-2)||82.00|18.00|October2018||
||Phase-III||||||
||Phase-IV||||||
| | | | | | | || | | | | | | | |
Detailed Reasons for delay:
(a) Leasing scenario has been weak during the last two and half years.
(b) The delay in leasing out the built-up space is due to various factors like distance of site from city (North of Bangalore), supporting eco system in the neighborhood, concentration of IT industry towards East and South of Bangalore.
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==> picture [1 x 8] intentionally omitted <==
----- Start of picture text -----<br> |<br>----- End of picture text -----<br>
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(c) A new block having approx. 10.06 lakh sq.ft. built up area is under construction in phase-2
-
(d)(e) SecondNoC from phase ofFire &the projectEmergency willservices be readyhas forbeen leasingobtained latest byfor Octoberthe new 2018.block, which is (f) third phase of the project. Discussions are on with prospective clients.
Recommendation by DC:
Letter of Approval has been issued to M/s. AXA Business Services Private Limited to set up a unit in GOCL Corporation Limited SEZ and the unit is expected to commence its operation within six months. period DC CSEZ has recommended the request for extension of Letter of Approval for a of one year upto 17" June, 2019.
(viii) Request of M/s DLF Info Park, (Pune) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Rajiv Gandhi Infotech Park, Phase-II, Hinjewadi, Pune, Maharashtra beyond 26.06.2018.
Name of the developer:
M/s DLF Info Park, (Pune) Ltd.
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Sector : ITATES Location: Rajiv Gandhi Infotech Park, Phase-II, Hinjewadi, Pune, Maharashtra
Extension : Formal approval to the developer was granted on 27.06.2008. The developer has been granted seven extensions, validity period of which is upto 26.06.2018. The developer has requested for further extension upto 26.06.2019. The SEZ stands notified as on date.
The Developer has submitted the following details:-
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Investment made:
The Developer has invested Rs. 266.58 crores on land, development of the SEZ site, construction of the buildings and building plan approval from MIDC.
|
The details of investment are as mentioned below:
a. Cost incurred on land: Rs. 26,64,65,832.00 b. Cost incurred on development of land: Rs.159,17,88,224.00
- c. Cost incurred on other external developments: Rs. 73,49,09,607.00 d. Building plan approval from MIDC: Rs. 7,27,12,350.00
Total
: Rs. 2,66,58,76,013.00
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| | | |
(a) Financial Progress:
==> picture [445 x 560] intentionally omitted <==
----- Start of picture text -----<br> The Developer has invested an increased amount of Rs. 7,84,32,635.00) from the last<br>time Formal Approval extension granted to them i.e. the investment for the period from June,<br>2017 to till 30" April, 2018. The increased Investment details are as follows:-<br>Description Investment made | Investment Incremental<br>as per the| made till 30" | Investment<br>Audited Books s/| April, 2018. (In |made from Last<br>on 31% March, | Rupees) Extension date<br>2017. (In Rupees) 26" June, 2017<br>Till date.<br>Land<br>Cost incurred on | 1,58,60,67,939.00 | 1,59,17,88,224.00 | 57,20,285.00<br>Development of<br>Land<br>other (External<br>Developments)<br>Approval Process<br>The Developer has stated that due to the Revised FSI Norms and the introduction of<br>NBC 2016 (National Buildings Code) and subsequently Tall Buildings code in October, 2017<br>there was not much increase in the investments.<br>(b) Physical Progress:<br>S. No. | Block | Construction work | Part Remark<br>no. completed (Civil | occupation<br>Work) area and<br>consent to<br>operate<br>(CTO) area<br>approved<br>1. 5 75% 26354.76 Sq. | Total area of 28235.35<br>2; 38% 1880.59 Sq.| been approved for<br>| 3. 17 36%<br>----- End of picture text -----<br>
The Developer has stated that due to the Revised FSI Norms and the introduction of NBC 2016 (National Buildings Code) and subsequently Tall Buildings code in October, 2017 there was not much increase in the investments.
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he Revised FSI Norms and the introduction of NBC 2016 (National Buildings Code) and subsequently Tall Buildings code in October, 2017 there was not much increase in the investments.
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The Developer has further stated that they are now focusing to complete the balance construction work of Block no. 5 and to make the SEZ operational as early as possible. They require time for leasing out the space and to complete the balance construction work of the SEZ and to make it operational.
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Other Developments:
- Boundary wall E 80% Completed 20% Secured by GI. Sheets. 2. Plumbing Work Completed 50% in Building No. 5 (Work in Progress). 3. Inside Road i Completed 80% (Work in Progress). 4. Power Supply é Uninterrupted Power Supply through DG Sets. For Permanent Power Supply already Application has been filed with MEDCL.
(Approvals in process).
| | | | |
- External Electrification ; Completed 50%
Reason for delay:
There was a revision in the FSI Norms and the introduction of NBC 2016 (National Buildings Code) and subsequently Tall Buildings code in October, 2017. Due to this there was a revision in Building Designs and as per the above said norms, they need to Revisit/Review all their Construction Modules like Civil, Mechanical, Plumbings and Electrical Work along with requisite supportive infrastructure developments required to complete the Balance Construction work. This process require to appoint various Consultant’s Architects & Contractors to undertake the work under revised Building Codes and revised FSI Norms which is time consuming process.
They are now developing the Building No. 5, 6 &7 in Plot No. 29 and Proposed Building No. 8 & 9 in PL — 2, considering the revised 3 FSI as declared by Land Lessor (MIDC) in Aug, 2016. Their Revised Building Plans have been finalized and are being submitted to MIDC through online for Scrutiny. Timeline for completion of project and making it operational:
The Developer has stated that timeline for completion of Building No. 5 and making it operational will be 12 to 15 Months.
by MIDC.It isThestatedDeveloper that the Developercould not wst a rts grantedthe SEZ partoperation occupationdue Certificateto the revised on FSI15.11.2016norms. There is no development activity carried out by the Developer during the past 1.5 years though they have indicated incremental investment of Rs 7,84,32,635.00.
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Recommendation by DC:
In view of the above, DC SEEPZ has placed the request of the Developer for 8" extension of Formal Approval dated 27.06.2008 beyond 27.06.2018 before BOA for consideration.
I5
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Item No. 83.2: Requests for extension of LoP beyond 3" Year onward (7 proposals)
(i) Request of M/s. APPL Industries Limited in Dahej SEZ for extension of Letter of Approval (LOA) up to 13/02/2019.
- e LoA issued on (date) : 14/02/2011 e Nature of Business of the unit : Manufacturing of Thermoplastic compounds & Master Batches
e No. of Extension
e LoA valid up to (date)
: 6 (six) up to is" February, 2018
: 13/02/2018
e Request: For further extension for one year, up to (date) 13/02/2019
Present Progress furnished by the applicant unit:
==> picture [408 x 333] intentionally omitted <==
----- Start of picture text -----<br> (a) Details of Business Plan:<br>SI. No. | Type of Cost Proposed Investment (Rs. in<br>1 Crores)<br>Building and Shed | Rs. 16<br>Construction and _ other<br>Misc.<br>Totl foPlant and machinery RS 2H<br>(b) Incremental Investment made so far and incremental investment since last<br>extension:<br>SI. Type of Cost Total Investment | Incremental Investment<br>No. made so far (Rs. | since last extension (Rs. in<br>(c) D in Crores) Crores)<br>le | Land, Site | Rs. 3.88 Rs.0.04<br>t Clearance and<br>a Other Misc.<br>2i Building and Shed | Rs. 4.37 Rs.4.09<br>] Construction, Plant<br>s &machinery and<br>Misc.<br>|Toml | Rs. 8.25 Rs. 4.13<br>f<br>----- End of picture text -----<br>
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Physical Progress till date:
==> picture [404 x 56] intentionally omitted <==
----- Start of picture text -----<br> SI Activity % Completed |% Completion | Deadline for<br>No. during last one | completion of<br>year balance work<br>Approach Road May 2018<br>----- End of picture text -----<br>
16
||
==> picture [448 x 392] intentionally omitted <==
----- Start of picture text -----<br> Soil filling in 75% Feb 2018<br>required area<br>Customs bound area<br>[* [esstmstomdarework of all building | [FR<br>storage<br>power<br>connection<br>Sj Electrical Connection | 100% Completed100% LV | Completed<br>Details reasons for delay: -<br>The last extension was granted in 75" Board of Approval meeting held on 08-03-2017<br>upto 13/02/2018. Unit had made total investment of Rs.3.85 Crs on the project; this includes<br>investment in land Rs.3.18 Crs and other infrastructure Rs.0.67 Crs. Now the applicant unit<br>had made total investment of Rs.8.25 Crs; this includes investment in land Rs.3.88 Crs and<br>other infrastructure Rs.4.37 Crs. The applicant unit submitted timeline for completion of<br>Civil work Building and PEB May, 2018, Plant and Machinery Nov. 2018 and Office<br>Equipment, Furniture & Fixture Dec. 2018. They will be in position to start production in<br>Dec. 2018. They will have business of around Rs.5 Crore in first financial year after the start<br>operations.<br>----- End of picture text -----<br>
ll be in position to start production in<br>Dec. 2018. They will have business of around Rs.5 Crore in first financial year after the start<br>operations.<br>----- End of picture text -----<br>
Forced to hold construction activity even after availability of construction raw material because of Heavy Rain during the Monsoon season. Premises flooded with Rain Water.
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|
Recommendation by DC:
In view of the above development activities carried out by the applicant unit, the DC, Dahej SEZ has recommended to the Board of Approval, for extension in validity of LOA dated 14-02-2011 (extended upto 13-02-2018) for a further period of one year i.e. upto 13-02-2019.
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The request of the unit is submitted for consideration of BoA.
(ii) | Request of M/s. Camlin Fine Sciences Ltd in the Plot No Z/96/D, Dahej SEZ Ltd, Part II, Dahej, Village: Luvara, Tal: Vagra, Dist: Bharuch, Gujarat for the Extension of the Letter of Approval (LOA) beyond 3" year upto 09.03.2019
- e LOA issued on (Date) : 10-03-2015 e Nature of business of the unit : Manufacturing of Diphenols like Catechol
ib
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and Hydroquinone and downstream products Guaiacol and Vanillin
e No. of Extensions : 2 (Two) by DC Dahej SEZ e LoA valid upto : 9.03.2018 e Request : For further extension for 1 (One) Year upto 9.03.2019
Present Progress furnished by applicant unit:-
Details of Business Plan:
==> picture [427 x 152] intentionally omitted <==
----- Start of picture text -----<br> | 3.| PlantFactory Buildingand Machineryand Machinery —_——(5505 ss—i—‘—sSCsr<br>ee ee ee<br>P|Toth<br>a) Incremental Investment made so far and incremental investment since last<br>extension:<br>----- End of picture text -----<br>
==> picture [428 x 135] intentionally omitted <==
----- Start of picture text -----<br> No So far (INR in Cr) since last extension<br>*1 |GitiiingensotinyCapital Work in Progress ff| 9.935 0.937<br>eee2 Advances for Capital Goods | 2.63ee 2.54<br>| | Total BH 582<br>----- End of picture text -----<br>
(b) Particulars (Breakup) of the incremental investment since last approval:
| (INR in Cr) | |||
|---|---|---|---|
| 1. | |||
| 0.540 | |||
| forthe construction ofboundarywall | , | ||
| Boundarywall,culvert. |
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==> picture [416 x 192] intentionally omitted <==
----- Start of picture text -----<br> |6.| Purchase of Porta Cabins for the Site office [0.064<br>| 8. _| Placed Purchase order for Capital Equipments | 2.540 |<br>a Basic and Detailed Engineering consultants Fees<br>Period of 2017-2018 ;<br>pf Toth 582 |<br>(c) Details of the physical progress till date:<br>----- End of picture text -----<br>
2.540 |<br>a Basic and Detailed Engineering consultants Fees<br>Period of 2017-2018 ;<br>pf Toth 582 |<br>(c) Details of the physical progress till date:<br>----- End of picture text -----<br>
NoSl Activities WP e rcentageight age || Completionof Activity | Current Status as on April 30, 2018 of by: Milestone in terms of Project Progress 3 | Security Building, 5% June 2018 | We have appointed the contractor for Warehouse and the civil work and work has started Admin Building, on site. The Construction WBM Roads deployed on site by May 2018. 4 | Tendering and 20% July/August |We have placed orders for some of ordering of major 2018 Capital equipments such as glass equipments lined reactors, Filters, Calciners. Also floated tenders for Boiler, Heat pumps which we planning to close in 1-2 weeks. plant, , Utility TheutilityCSA wouldtender be floatedfor the by Juneplant 2018and building, Tank and would be finished by October farm, RCC Roads 2018. 6 | Electrical work | 10% | March2019| 7 fetes 15% Plan 2019 | 8 [erp | 5% | April2019 | CC |eee10 | Waterwork Trial | 3%a | April2019 | 11 | Trial and 5% July 2019 Commercial Production __| Total Progress | 100% |
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Detailed Reasons for Delay:
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a) The reason for lesser quantum ofjobs in the above records i.e. last year is attributed to the fact that our company acquired 2 unit in China and Mexico which were desired to get added to our product profile .
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b) The local villager’s interference is also a contributing factor which we are looking forward for a solution. We are rigorously following up with SEZ authorities to get it solved.
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c) During the month of February our company got sanction of adequate fund facility resulting into better momentum of various activities.
DC, Dahej SEZ approved the last extension on 12/04/2017 upto 09-03-2018 wherein they made total investment about Rs.9.25 Crs. Now the applicant unit has made total investment of Rs.16.84 crores including incremental invest of Rs.7.582 Crs.
Recommendation by DC:
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DC, Dahej SEZ has recommended the proposal to the Board of Approval, for extension for a further period of one year i.e. upto 09-03-2019.
The request of the unit is submitted for consideration of BoA.
(iii) | Request of M/s. Tech Mahindra Ltd. (Unit-IV) in the Noida SEZ for extension of Letter of Permission (LOP) beyond 22/04/2018 upto 30/09/2018
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e LoP issued on : 23/09/2011 e Nature of business of the Unit: Software Development, Data entry and conversion and export thereof, Data Processing and Export thereof, Data Analysis and control, Data management & Export thereof, Call Centre Services & Export thereof, BPO Services and Export thereof.
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e No of Extensions : 6 by DC, Noida SEZ (with approval ofBOA) e LOP valid upto : 22/04/2018 e Request : For further extension upto 30/09/2018
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Present Progress:
(a) Details of Business plan:
==> picture [399 x 111] intentionally omitted <==
----- Start of picture text -----<br> S.No. | Type of Cost Proposed Investment<br>(Rs. in Crore)<br>a<br>Plant & Machinery<br>Other Overheads<br>TotST<br>----- End of picture text -----<br>
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==> picture [2 x 8] intentionally omitted <==
----- Start of picture text -----<br> |<br>----- End of picture text -----<br>
(b) Investment made so far & incremental investment since last extension
==> picture [402 x 249] intentionally omitted <==
----- Start of picture text -----<br> S. Type of Cost Total Investment made | Incremental<br>No. so far (Rs. in Crore) investment since last<br>extension (Rs. in<br>| Crore)<br>| 2 1 [Material|LandCost*Procurement|| 253510.00 | 0.00BS<br>*Building was purchased through DRT in Rs.25.1 Crores.<br>(c) Details of Physical progress till date :-<br>S. Activity % completion | % completion Deadline for<br>No. as on date during last completion of<br>one year balance work<br>works 2018<br>----- End of picture text -----<br>
Detailed reasons for delay:-
| | | | | | | | | |
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(i) Main reason for delay was the permission from National Green Tribunal with reference to the Okhla Bird Sanctuary which was directly linked to the environment clearances and approval of building plan from UPPCB for construction of building.
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(ii) That Building plan approval and CTE were kept on hold by Noida Authorities and UPPCB since 2014 due to certain restrictions on construction within Okhla Bird Sanctuary.
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(iii) That building plan approval was given by NOIDA authorities on 18/01/2018.
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(iv) That Consent to Establish(CTE) for new unit was granted to them by UPPCB on 26/02/2018.
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(v) Certificate of registration/work commencement certificate was issued by NSEZ Labour Deptt. on 26/02/2018.
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(vi) They have commenced construction work at site from 09" February 2018 and would be ready with infrastructure creation by end of June 2018.
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(vii) They require some more time network testing, testing of other equipment, client clearances wherever required.
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- (viii) They shall be in position to commence commercial activities by 20" September 2018.
Analysis of progress vis-a-vis projections:-
At the time of filing of SEZ Unit application, it was projected that Rs.2421.56 Crores exports would be made by employing 5000 persons (3500 men and 1500 women) on a land area of 24300 sq.mtrs. The investment for creation of such infrastructure was targeted at Rs.602 Crores. After 7 years of issuance of LOA, the unit has given assurance that in Phase1, unit shall invest Rs. 10 Crores and 15000 sq.ft. area (approx. 1400 sq. mtrs.) campus would be operational by September 2018. The export in first phase has been targeted as Rs.30 Crores with employment to 150 persons.
21
65000 The unit has further stated that in second phase, unit shall invest Rs. 50 Crores and export sq.ft. area (approx. 6000 sq. mtrs.) campus would be ready by the end of 2019. The in second phase has been targeted as Rs.200 Crores with employment to 850 persons.
Till now only 60% of civil foundation work of first phase i.e. of 15000 sq.ft. has been completed on which Rs. 1.71 Crores have been invested as on 18/05/2018. As such the unit would be in a position to utilise only 1400 sq.mtrs of land as on September 2018, whereas the unit is in possession of 24300 sq.mtrs of land area.
Recommendation by DC:
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DC, Noida SEZ has recommended the request of extension of LOP beyond 22/04/2018 for a _ period up to 30/09/2018. However, since the ongoing construction/investment is far below than the projections, it is also recommended that the unit may be asked to surrender remaining land where it has still not commenced construction even after expiry of 7 years after issuance of LOA.
The request of the unit is placed before BoA for consideration.
(iv) Request of M/s. Bremels Rubber Industries Private Limited in the Aspen Infrastructures Limited SEZ, Padubidri, Udupi for extension of Letter of Permission (LOP) upto 25" June 2019.
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e Name of unit: M/s. Bremels Rubber Industries Private Limited
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e Letter of Approval issued on : 26.06.2013
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e Nature of business of the Unit : Manufacturing — Solid tyres for heavy engineering industries and automotive support components and allied products for heavy engineering sector.
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e No. of extensions: 4 (four) up to 25.06.2018
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e Request : For further extension for one year, upto 25.06.2019.
(a) Details of business plan:
==> picture [357 x 112] intentionally omitted <==
----- Start of picture text -----<br> SI. No. Type of cost Proposed investment<br>(Rs. in crore)<br>Building 13.74<br>Machinery — imports<br>| 23.43<br>Machinery ~ indigenous ~ indigenous indigenous<br>----- End of picture text -----<br>
==> picture [241 x 32] intentionally omitted <==
----- Start of picture text -----<br> |<br>‘Total Machinery ~ indigenous ~ indigenous indigenous<br>----- End of picture text -----<br>
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.
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(b) Incremental investment made so far and incremental investment since last extension:
==> picture [369 x 146] intentionally omitted <==
----- Start of picture text -----<br> Sl. No. | Type of cost Total investment | Incremental<br>made so far (in | investment since<br>Rs. crore) last extension (in<br>Rs. crore)<br>3. | ElectricalBuilding TT13.02 069 |<br>MachineryMachinery—imports | 139[0.00<br>21.60<br>‘Total |~ indigenous<br>----- End of picture text -----<br>
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(c) Details of physical progress till date:
==> picture [359 x 107] intentionally omitted <==
----- Start of picture text -----<br> Sl. _| Activity % of % of Deadline for<br>No. completion completion completion<br>during last of balance<br>one year work<br>1 Land & 31.12.2018<br>[2 | MachBuild in gery [90 [15 31.12.2018<br>----- End of picture text -----<br>
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Detailed reasons for delay:
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- Huge escalation of materials and labour cost.
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- Financial crunch and interest burden of approx. Rs.4.86 crore owing to delay in execution of project.
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- Heavy monsoon rains in the last year.
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- Non-completion of electrical work.
Recommendation by DC:
| |
DC, Aspen Infrastructure Ltd. SEZ, Udipi has recommended the request of extension of LOP for a period of one year upto 25.06.2019.
The request is placed before BoA for its consideration.
(v) Request of M/s. Gaston Energy India Pvt. Ltd. in Mahindra World City (Jaipur) Ltd., Multi-Product SEZ at Village Kalwara, Tehsil- Sanganer, Jaipur for extension of Letter of Permission (LOP) for a further period of two year i.e. upto 10.06.2019.
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e Name of unit é M/s. Gaston Energy India Pvt. Ltd.
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e Letter of Approval issued on : 11.06.2014
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e Nature of business of the Unit : Manufacturing of Valve Regulated Acid Batteries with the installed capacity of 01 million KVAH per year i.e. 10,00,000 Pes, 2V500AH Monoblock or 12V100AH Battery.
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e No. of extensions: 2 (Two) up to 10.06.2017
e Request : Unit has requested for two year extension i.e. up to 10.06.2019.
(a) Details of Business plan
==> picture [379 x 89] intentionally omitted <==
----- Start of picture text -----<br> No. (Rs. in Crore)<br>PP Totals<br>----- End of picture text -----<br>
==> picture [446 x 479] intentionally omitted <==
----- Start of picture text -----<br> (b) Investment made so far & incremental investment since last extension<br>S. Type of Cost Total Investment made Incremental investment<br>Rs. in Crore) (Rs. in Crore)<br>(c) Details of Physical progress till date:-<br>S. Authorised activity | % completion % completion Deadline for<br>ear balance work<br>and Registration<br>pT [emragsmion f<br>Architect<br>pO lamerApproval DrawingsSO<br>from PCB<br>from PCB<br>ec ae Ga<br>Construction<br>pS femamain<br>machineries<br>pT [omnes<br>| 8. | Trial Production [- f= Sep, 2019<br>Production & export 2019<br>2 [mimi eemot | ang<br>24<br>----- End of picture text -----<br>
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Already available on a monthly basis.
Details reasons for delay:-
The unit has informed that they are a battery manufacturer making sealed Valve Regulated Lead Acid Batteries for the Telecom, Renewal Energy and Data Center Markets. Their company is a 100% FDI company with 3 Shareholders 1. Rajiv Bhatnagar NRI 42.46% 2. Au Yuk On Hong Kong 42.55% 3. Yedong Liu China 14.99%
Unit has further mentioned that they had planned to build two plantse Domestic Tariff Area (DTA) for domestic sales and exports-
This plant has been operational for the last two years, exporting to Nigeria, UAE, Kenya, Yeman, China & Iran.
In addition they also sell to the Indian domestic market from the DTA Plant, this is in full production already.
e Special Economic Zone (SEZ)-
The unit has stated that they had planned to start their SEZ unit and move their export orders to this facility. They are witnessing a business growth and it has already become imperative to move their export orders to their new SEZ plant. However for various reasons they are running behind time:
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a) Late startup of their first plant at DTA. And slow business ramp up.
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b) Delay in consent to establish from Rajasthan State Pollution Control Board.
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c) Delay in securing funding.
The unit has further informed that they have already started work in earnest moving ahead rapidly with the execution of their SEZ project.
- They have the consent to establish from Rajasthan Pollution Control Board already.
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They have the plans ready and approved for go ahead. 3. They have the contractors selected. 4. They are at final phase with banks and financial institutions for selecting their funding partners.
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They have almost concluded negotiations with machine manufactures.
Further the unit has mentioned that they are already manufacturing ‘State of the Art’ products in their DTA plant under technical assistance from their foreign partners who are already manufacturing the same products under the same GASTON BRAND NAME in their two Chinese plant and enjoy a strong reputation in all of their chosen export markets.
They are successfully exporting from their DTA plant. They plan to move this production to SEZ.
25
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Recommendation by DC:
DC, Noida SEZ has recommended the extension of LOP for a further period of two years i.e. upto 10.06.2019.
(vi) Request of M/s. Dhoot Transmission Pvt. Ltd., a unit in the sector specific SEZ for Engineering and Electronics being developed by M/s. Maharashtra Industrial Development Corporation (MIDC) at Shendre, Five Star Industrial Area, Shendre, MIDC, Aurangabad for extension of Letter of Permission (LOP) beyond 17.04.2018.
e Name of unit : M/s. Dhoot Transmission Pvt. Ltd. e LoPissued : 18" April, 2013
- e Nature of business of the Unit: Integrated wiring harness, auto wiring harness/cable e Extensions: 4 (four) up to 17.04.2018. e Request: For further extension for one year.
The Unit has provided the below mentioned details:
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a) Financial Progress:
||Total Investmentmade tillApril2017|462.19|
|---|---|---|
|3|TotalInvestmentmadetill28feb.2018<br>Incremental<br>Investment made<br>from|933.97<br>last |471.78 (102.07%)|
||Extension(30.04.2017)tilldate||
b) Physical Progress:
|
|‘Sea|[Panes<br>Total approved area (Builtup area)|18073.379 sqm.|
|---|---|---|
||Constructed area till 17.04.2017||
||Total Constructed area till 17.04.2018||
||Incremental<br>construction<br>since|last |35%|
||extension(from17.04.2017to17.04.2018)||
26
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Details of physical progress till date in quantifiable terms.
Total approved Area — 18073.379 sqm Total constructed Area — 18073.379 sqm Construction completed — 85%
Construction completed is foundation, columns, beams, walls, plinth filling, industrial flooring, trusses & sheet roofing. However the pending work remaining is plastering to few walls, plumbing, paining, tiling, fixing of windows, doors, shutters, which is remaining 15% of the total work. The Unit has also provided the construction site photographs.
Reason for Delay:
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The unit has stated that they have received the possession of the revised plot on 21.10.2015 from MIDC as MIDC had shifted the plot of the Unit for the purpose of setting up of power station on the plot allotted to the Unit earlier. The action on the part of MIDC with regard to shifting of plot has caused a considerable delay in implementing the project and also the Unit had to incur financial losses as a result of non-implementation of the project. One other reason for delay in commencing of production is a paucity of water in the region and the non availability of sufficient quantity of water required to carry out the construction activities has hampered.
|i)|Timeline|for completion ofthe projectandmaking it operational:|for completion ofthe projectandmaking it operational:|
|---|---|---|---|
||1|CommencementofCivilWork | Already started in Nov., 2016 and||
||||85% work completed.|
||||June, 2018|
||||July, 2018|
|||Installation ofmachineries|July, 2018|
|||6<br>__||Full fledgeproduction|Sept.,2018<br>Nov., 2018|
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DC’s Recommendation:-
In view of the above, the request of the unit for further extension of the validity period of LOA for a further period ofone year i.e. upto 17.04.2019 is recommended to the BOA. The request is placed before BOA for its consideration.
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(vii) Request of M/s. Wockhardt Ltd., (Unit-I]) in the sector specific SEZ for Pharmaceuticals being developed by M/s. Wockhardt Infrastructure Development Limited at Shendre, Aurangabad, Maharashtra for extension of Letter of Permission (LOP) beyond 25" February, 2018.
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e Name of unit : M/s. Wockhardt Ltd., (Unit—ID)
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e LoPissued
- : 25" February, 2013.
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e Nature of business of the Unit: manufacturing and export of Nasal and Inhaler Dosage form for Human Usage
27
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e No.of Extensions: 4 (four) up to 25.02.2018. e Request: For further extension for one year. Present Progress Details of Investment made till date:
|Details ofof|Details ofofInvestment made till date:made till date:till date:date:|
|---|---|
|1|Total Investment made till January 2017 (upto | 81.19|
||last extensionmade)|
|3|TotalInvestmentmadetill31 Jan.2018<br>87.48<br>Incremental Investment made (from January| 7.75%|
|2017—January2018)tilldate<br>Progress:||
||Totalapprovedarea(Builtuparea)<br>3900.90sqm.<br>Constructed area till year2016-17<br>3315.90 sqm.|
||Total Constructed area till year2017-18<br>3900.90 sqm.|
|4|Incremental<br>construction since last extension |585.00 sqm. (15%)|
||(from 2016-17to2017-18)|
Details of Physical progress till date :
’ Total approved area for Unit II - 3900.90 sqm.
Total constructed area for Unit II - 3900.90 sqm.
Construction of Wockhardt Ltd. Unit II has been completed as per approved plan i.e. 3900.90 sqm and Unit received BC/OCC from MIDC on 18.10.2017.
Reason for Delay in the commencement of production:
|
Unit has given following reasons for delay in commencement of production:-
Pharmaceutical sector has been adversely affected due to USFDA observations issued to Indian Pharma Companies.
Export of Pharma product in foreign countries like US/UK, registration of the same with regulatory authority (USFDA,UKMHRA) of respective foreign country is compulsory. And it will take at least 18 to 24 months approximately.
Also, once unit is ready to commence production it is mandatory to obtain certain statutory licenses, approvals which takes time.
28
Technology used for products: The unit will be manufacturing pharmaceuticals of Nasal & Inhaler Dosage form, which is unique in technology. The Drug Delivery System used for such kind of products, the product development, clinical studies, filing to the international drug regulatory agencies and approval for marketing is a cumbersome and lengthy process. Due to the machineries are customized and products are also unique they need to manufacture many development batches to optimize the parameters to suit the products for export.
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Time line for the Commencement of Production:
For registration & approval of pharma product with foreign regulatory authority, the inspection of the Factory by foreign regulatory authority is compulsory. Inspection of factory happens once in 2-3 years, only after that approval are issued. After approval company can start export to that particular country. The timeframe shall differ as per the respective countries applied to. This activity and obtaining other statutory licenses are lengthy and time consuming process, due to which export can commence only after the year 2019 approximately.
;
DC’s recommendation:-
In view of the above, the request of the unit for further extension of the validity period of LOA for further period of one year i.e. upto 24.02.2019 is recommended to the BOA for consideration in terms/provisions contained in Rule 19 (4) of SEZ Rules, 2006.
The request is placed before BoA for its consideration.
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Item No. 83.3: Requests for co-developer (3 proposals)
(i) Request of M/s. Winterfell Realty Pvt. Ltd. for co-developer status in the Electronics Technology Parks (Technopark) SEZ for Development of Infrastructure, Operation, Maintenance and Leasing of the developed area of the SEZ, including undertaking the authorized operations as contracted.
The above mentioned SEZ stands notified over an area of 19.45.53 hectares.
M/s. Winterfell Realty Private Limited has submitted a proposal for becoming a Codeveloper in the aforesaid SEZ for Development of Infrastructure, Operation, Maintenance and Leasing of the developed area of the SEZ, including undertaking the authorized operations over an area of 10 acres as contracted.
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Co-developer agreement dated 14/3/2018 entered into with the developer has been provided. The proposed amount of investment by the Co-developer in the SEZ is Rs. 463 Crores.
Recommendation by DC:
DC CSEZ has recommended the proposal.
The request of the Co-developer is submitted for consideration of BoA.
29
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Divyasree(ii) RequestNSL ofInfrastructure M/s. Midas ProjectsPvt. Ltd. Pvt.(DNIPL) Ltd (MPPL)SEZforfor co-developerproviding infrastructurestatus in M/s. facilities and other operations
The above mentioned SEZ stands notified on 18.5.2007.
M/s. Midas Projects Pvt. Ltd has submitted a proposal for becoming a co-developer in the aforesaid SEZ for providing infrastructure facilities and other operations.
Co-developer agreement dated 15.9.2017 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs. 300 Crores.
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The proposal was deferred in the 82"! BoA meeting held on 4.4.2018. CBDT had raised concerns regarding the net worth of the Co-developer being Rs. 3.59 Lakh and the proposed investment of Rs. 300 Cr. DC, VSEZ was asked to look into the concerns raised by the CBDT and furnish a revised recommendation.
DC, VSEZ has now informed that M/s MPPL has submitted as under:-
- (1) MPPL and DNIPL have common promoters, namely Shyamaraju & Company (India) Pvt. Ltd. (SRIPL) and Mandava Holdings Pvt. Ltd. (MHPL). The promoters have funded the developer for developing the SEZ till date. The promoter entities are fully capable of funding MPPL for undertaking the co-developer of the SEZ.
ings Pvt. Ltd. (MHPL). The promoters have funded the developer for developing the SEZ till date. The promoter entities are fully capable of funding MPPL for undertaking the co-developer of the SEZ.
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(11) They have also stated that MPPL is a special purpose vehicle which would undertake the co-development of the SEZ and hence it does not have any significant assets or operations at this state. MPPL would be funded by its promoters as and when the funding requirement arises. The proposed funding for the co-development of the SEZ by MPPL shall be through a combination of own sources and bank funding.
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(iii)The promoters are well established in the construction development industry and have developed and are operating over 15+ million sq.ft. of commercial buildings/IT parks in Hyderabad, Benguluru and Chennai.
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DC VSEZ has stated that as per the CA certificates produced, the net worth of M/s. Shyamaraju & Company (India) Pvt. Ltd. is Rs. 548,07,71,289/- and net worth of M/s. Mandava Holdings Pvt. Ltd. is Rs. 899.41 crores.
Recommendation by DC:
The entity has requisite financial capability and experience for undertaking the codeveloper activities. DC VSEZ has recommended the proposal for consideration of BoA.
The request of the co-developer is submitted for consideration of BoA.
30
(iii) | Re-consideration of request of M/s. Synergy Infotech Pvt. Ltd. for Co-developer status in MIDC IT/ITES SEZ, Rajiv Gandhi Infotech Park, Phase-III, Hinjewadi, Pune for construction of buildings and related infrastructure for IT/ITES Units, Development of space of IT/ITES Unit and all default authorized operations for area admeasuring 5.2161 sq. mtrs. The above mentioned SEZ was notified on 6" July, 2007.
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M/s. Synergy Infotech Pvt. Ltd. has submitted a proposal for becoming a co-developer in the aforesaid SEZ for construction of buildings and related infrastructure for IT/ITES Units.
Co-developer agreement dated 28.11.2017 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs. 153.66 Crore. Ltd. Further the lease deed was executed between MIDC and M/s. Synergy Infotech Pvt. on 03.07.2017 for plot of land bearing Plot 20 area admeasuring 52161 sq. mtrs.
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SEZ is Rs. 153.66 Crore. Ltd. Further the lease deed was executed between MIDC and M/s. Synergy Infotech Pvt. on 03.07.2017 for plot of land bearing Plot 20 area admeasuring 52161 sq. mtrs.
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On perusal of record it was found that M/s. Synergy Infotech Pvt. Ltd. was granted LOA as a unit on 26.07.2011 for plot no. 20 and the same has been cancelled on 10.07.2014 as the unit failed to implement the project in the prescribed time frame. Further, the LoA issued on 06.06.2017 has been surrendered by the Unit vide letter dated 28.02.2018 to this office.
It may be further noted that M/s Synergy Infotech Pvt. Ltd. was once again granted Letter of Approval as unit on 06.06.2017 for the same plot i.e. 20 and submitted land allotment order in this regard. However, till date the unit has not executed Bond-Cum-LUT with this office. M/s Synergy Infotech Pvt. Ltd (applicant) has now come up with the proposal for grant of Co-developer status on the same plot i.e. Plot No. 20.
The proposal was considered in the 82" BoA meeting held on 04.04.2018. The Board, approved in-principle the proposal of M/s. Synergy Infotech Pvt. Ltd. for grant of Codeveloper status for construction of buildings and related infrastructure for IT/ITES Units in accordance with the co-developer agreement entered into with the developer, subject to DC SEEPZ furnishing a status note on the financial position of the co-developer and placing it before the Board in its next meeting.
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DC, SEEPZ SEZ has stated that M/.s Synergy Infotech Pvt. Ltd. has submit the following information:-
osition of the co-developer and placing it before the Board in its next meeting.
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DC, SEEPZ SEZ has stated that M/.s Synergy Infotech Pvt. Ltd. has submit the following information:-
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(i) | The Co-developer has submitted In Principle Sanction for Rs. 125/- Crores for their New SEZ project by Janata Sahakari Bank Ltd., Pune in consortium financial arrangement with SVC Co-operative Bank Ltd (Multi State Scheduled Bank).
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(ii) | C.A. Certified Net worth certificates & ITRs for the years 2015-16 to 2017-18 of Mr. Sanjiv Chamanlal Aurora & Mr. Manoj Nawarlai Hingorani as on 31 March 2018.
31
Net Worth of the Directors as on 31.03.2018:-
Amount (Rs. in Lakhs) Shri. Sanjiv Aurora 23195.00 Shri. Manoj Hingorani 24256.00 47451.00
Financial position with Shareholding pattern of M/s. Synergy Infotech Pvt. Ltd.:Name of Share Holder Direct Holding
Mr. Sanjiv Aurora
==> picture [405 x 155] intentionally omitted <==
----- Start of picture text -----<br> Mr. Manoj Hingorani<br>3 Indo Global Hinjewadi Software Park Pvt. | 98%<br>|| Ltd.<br>|| Mr. Sanjiv Aurora 30% |<br>|| Mr. Manoj Hingorani [30% |<br>|| Indo Global Business Park LLP [40% | |<br>|| Mr. Sanjiv Aurora Ca a<br>| | Mr.Total Manoj Hingorani |51 0 %0% | |100% | 100%<br>The Project cost and the means of Finance are as indicated below:-<br>----- End of picture text -----<br>
Project Cost :-
Amount (Rs. In lakhs) 1,053.65
Construction cost- Building & other related | 14,313.28 infrastructure such as Parking, Security gate complex, common areas and utilities etc.
==> picture [46 x 19] intentionally omitted <==
----- Start of picture text -----<br> 15,366.93<br>----- End of picture text -----<br>
==> picture [101 x 25] intentionally omitted <==
----- Start of picture text -----<br> Means of Finance :-<br>----- End of picture text -----<br>
Promoters Contribution (50:50 both promoters) Amount9,042.40 (Rs. In lakhs) Internal Accruals (Reserves & Surplus proposed to | 6,324.53 be generated over next 5 years)
| | | | | | | | | | | | | | |
15,366.93
The Co-developer has further informed that the in-principle sanction of Rs.125/Crores by Janta Sahakari Bank Ltd Pune is for the project funding in the name of CoDeveloper entity i.e. Synergy Infotech Pvt. Ltd. They have projected internal accrual of Rs.63.25 Crores as part of projected means of finance, however in case of delay/shortage in generation of funds through internal accruals in future the loan funds will be used as supplementary source of funds.
32
Net Worth of M/s. Synergy Infotech Pvt. Ltd. as on 31.03.2017:-
rtage in generation of funds through internal accruals in future the loan funds will be used as supplementary source of funds.
32
Net Worth of M/s. Synergy Infotech Pvt. Ltd. as on 31.03.2017:-
|||||Amount (Rs. in Lakhs)|Amount (Rs. in Lakhs)||||
|---|---|---|---|---|---|---|---|---|
|||Paid up capital|||||||
|||Reserves& Surplus||261.02|||||
|||||265.02|||||
|under:-||Theproposed Employment generation in the processing area in||||a|span of5|years is as|
|||DirectEmployment by|the Co-developer premises||||||
|||1<br>Calculation ofprojected employment over the period|<br>of<br>5<br>years<br>from<br>Co-developer<br>premises by<br>Co-||||||3143||
|||developer premises.|||||||
|||Indirect employmentfromdevelopment activity.|||||||
|||2<br>Calculation ofprojected employment generationbythe||||||| 1123||
|||Co-developerduring|during construction.||||||
|Recommendation ofDC:|||||||||
|Co-developer<br>recommended|The additional information has been submitted before the BOA for final approval for<br>Co-developerstatustoM/s.SynergyInfotechPvt. Ltd. ItmaybenotedthattheDCSEEPZhad<br>recommendedtheproposal forthe82™BOA.||||||||
|||The request ofthe co-developer is submitted for consideration ofBoA.|||||||
|||ItemNo. 83.4: Proposals for settingup ofNew SEZs (one||||proposal)|||
|(i)<br>Request of M/s. HCL Technologies Ltd. for setting up of sector specific SEZ for<br>IT/ITES at Sy. No.
on ofBoA.|||||||
|||ItemNo. 83.4: Proposals for settingup ofNew SEZs (one||||proposal)|||
|(i)<br>Request of M/s. HCL Technologies Ltd. for setting up of sector specific SEZ for<br>IT/ITES at Sy. No. 20/3, Kesarapalli Village, NH-5, Gannaavaram Mandal, Vijayawada|||||||||
|over an area of 10.43 hectares.|||||||||
|S.|Name of<br>Location<br>Sector|||| Area|Land Possession||Proposed|| StateGovt.|
|No||the||(in||investment|||recommend|
||Developer|||ha)|||(in crores)|ation|
|(i)||M/s.HCL | No. 20/3,<br>IT/ITES <br>Technologi | Kesarapalli|||| 10.43||HCL<br>Technologies<br>have<br>entered<br>into<br>a concession||408.48|Yes|
||es Ltd.<br>Village,NH-||||Agreement dated 11.5.2017||||
|||5,|||with<br>the<br>Department<br>of||||
|||Gannaavaram|||Information<br>Technology,||||
|||Mandal,|||Electronics<br>&||||
|||Vijayawada|||Communication,<br>and||||
||||||Agreement for sale of land||||
||||||28.27<br>acres by the APIIC||||
||||||and HCL Technologies Ltd.||||
||||||As per the Agreement, HCL||||
||||||Technologies<br>Limited<br>has||||
||||||exclusive right, license and||||
||||||authority to develop, operate||||
||||||and maintain the said 28.27||||
||||||acres<br>of land<br>at<br>Sy. No.||||
||||||20/3,<br>Kesarapalli<br>village,||||
||||||Gannavaram<br>Mandal | in||||
||||||33||||
The additional information has been submitted before the BOA for final approval for Co-developer status to M/s. Synergy Infotech Pvt. Ltd. It may be noted that the DC SEEPZ had recommended the proposal for the 82™ BOA.
ation has been submitted before the BOA for final approval for Co-developer status to M/s. Synergy Infotech Pvt. Ltd. It may be noted that the DC SEEPZ had recommended the proposal for the 82™ BOA.
(i) Request of M/s. HCL Technologies Ltd. for setting up of sector specific SEZ for IT/ITES at Sy. No. 20/3, Kesarapalli Village, NH-5, Gannaavaram Mandal, Vijayawada over an area of 10.43 hectares.
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Krishna District as SEZ project which was subsequently registered. HCL will develop 26.02 acres for SEZ developer operation and 2.20 acres for non SEZ operation for skill development centre
DC VSEZ has recommended the proposal.
The proposal of the developer is submitted for consideration of BoA.
Item No. 83.5 : Miscellaneous Cases (18 proposals)
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(i) Request of M/s. Honeywell Technology Solutions Lab Private Limited codeveloper in ELCOT SEZ at llandhaikulam village, Madurai District, Tamil Nadu for increase in the co-developer area for carrying out Authorised operations.
The above mentioned SEZ stands notified over an area of 11.70.5 hectares.
M/s. Honeywell Technology Solutions Lab Private Limited was approved as codeveloper for providing infrastructure facilities on 18/19 December, 2012 for an area of 4.5 acres.
Now, M/s. Honeywell Technologies Lab Private Limited has submitted a proposal for increase of 6.75 acres in the co-developer area for carrying out authorized operations, the reason being business expansion.
Lease deed has been entered with the developer vide agreement dated 03.03.2016
Recommendation of DC:
DC, MEPZ SEZ has recommended the proposal.
The request of the co-developer is submitted for consideration of BoA.
(ii) Proposal for demerger of M/s. Aspen Infrastructures Limited (Developer of Engineering Special Economic Zone set up at Waghodia, Dist. Vadodara) into resulting company M/s. Aspen Park Infra Vadodara Private Limited.
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M/s. Aspen Infrastructures Limited (formerly known as M/s. Suzlon Infrastructure Limited), Developer of Engineering Special Economic Zone set up at Waghodia, Dist. Vadodara, Gujarat has been issued following Letters of Approval:-
==> picture [276 x 54] intentionally omitted <==
----- Start of picture text -----<br> Sl. | Formal Approval F.No. Date of<br>No. Approval<br>F.2/248/2006-EPZ 22/08/2006<br>F.2/248/2006-EPZ 23/05/2007<br>----- End of picture text -----<br>
Originally the SEZ was notified for total area of 115.6439 Hectares vide three Notifications as under:-
34
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/08/2006<br>F.2/248/2006-EPZ 23/05/2007<br>----- End of picture text -----<br>
Originally the SEZ was notified for total area of 115.6439 Hectares vide three Notifications as under:-
34
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Notification No. Area Notified No. | and date (in hectares) : Pp Total:= | 115.6439 | Later, the SEZ area was de-notified/reduced by 64.0959 hectares vide three | as under:Notification No. Area De-Notified No. | and date date (in hectares) hectares) | | | a 0 | Thus at present, the said Sector Specific SEZ for Engineering Products is having | area of of 51.5480 Hectares (115.6439 Hectares (115.6439 (115.6439 - 64.0959). 64.0959). | At andprese Uprese U U n itstt thereandand exportsareare 04 madefunctional by theseunitsfourandunitsd madefunctional by theseunitsfourandunitsdfunctional by theseunitsfourandunitsd by theseunitsfourandunitsd theseunitsfourandunitsdunitsfourandunitsdfourandunitsdandunitsdunitsdd a tarere asrelated under.torelated under.to under.toto investment by the | | Investment made by the four SEZ units till | Rs.465.92 Crores |
nitsdunitsfourandunitsdfourandunitsdandunitsdunitsdd a tarere asrelated under.torelated under.to under.toto investment by the | | Investment made by the four SEZ units till | Rs.465.92 Crores |
Later, the SEZ area was de-notified/reduced by 64.0959 hectares vide three Notifications as under:Notification No. Area De-Notified No. | and date date (in hectares) hectares) a 0 Thus at present, the said Sector Specific SEZ for Engineering Products is having resultant area of of 51.5480 Hectares (115.6439 Hectares (115.6439 (115.6439 - 64.0959). 64.0959). DeveloperAt andprese Uprese U U n itstt thereandand exportsareare 04 madefunctional by theseunitsfourandunitsd madefunctional by theseunitsfourandunitsdfunctional by theseunitsfourandunitsd by theseunitsfourandunitsd theseunitsfourandunitsdunitsfourandunitsdfourandunitsdandunitsdunitsdd a tarere asrelated under.torelated under.to under.toto investment by the
|Investment made<br>by<br>31/03/2018|the|four|SEZ|units|till | Rs.465.92Rs.465.92 Crores|
|---|---|---|---|---|---|
|Exports made by the SEZ unit during the||||fiscal|year |Rs.209.13 Crores|
|2017/18||||||
|Employment generated|by|the SEZ|Developer||and<br>1240|
|unitsason31/03/2018||||||
-|---|---|---|---| |Exports made by the SEZ unit during the||||fiscal|year |Rs.209.13 Crores| |2017/18|||||| |Employment generated|by|the SEZ|Developer||and<br>1240| |unitsason31/03/2018||||||
their Now, M/s. Aspen Infrastructures Limited has submitted an application for transfer of Vadodara SEZ from the existing Developer M/s. Aspen Infrastructures Limited (Transferor Company) to M/s AspenPark Infra Vadodara Pvt. Ltd. (Transferee Company) in view of the Scheme of Arrangement filed with the NCLT Mumbai and NCLT Ahmedabad. As in the 80" meeting of the Board of Approval for SEZ which held on 17/11/2017, identical issues have already been approved, it is recommended to change the name of Developer Company from M/s. Aspen Infrastructures Limited to M/s. AspenPark Infra Vadodara Private Limited, as this is a case of demerger of existing developer’s company and merger into Transferee Company M/s. AspenPark Infra Vadodara Private Limited, subject to following all terms and conditions mentioned in the minutes of 80" meeting of Board of Approval in cases involving demerger of companies.
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The National Company Law Tribunal in order dated 05/01/2018 passed in CSA No.988 (MAH) OF 2017 has also directed the applicant company to serve notices along with copy of scheme upon several Government Authorities including SEZ Authorities, Udyog Bhawan, New Delhi with a direction that they may, if they so wish,
35
icant company to serve notices along with copy of scheme upon several Government Authorities including SEZ Authorities, Udyog Bhawan, New Delhi with a direction that they may, if they so wish,
35
submit their representations if any. It may kindly be ensured that as per the above order of the NCLT, the applicant company has submitted scheme to the Department of Commerce.
Since, the case is within the ambit of DOC’s Instruction No. 89 dated 17.05.2018, the request of Developer M/s. Aspen Infrastructures Limited (Transferor Company) may be considered.
## DC, KASEZ has recommended the proposal. The request of the developer is submitted for consideration of BoA.
(iii) |Request from developer for recommendation for transfer of LoA M/s. Aspen Infrastructure Ltd. (formerly known as M/s. Synefra Engg. & Construction Lt.d), developer — Aspen Infra SEZ, Coimbatore.
M/s. Aspen Infrastructures Limited (formerly known as M/s. Synefra Engg. & Construction Ltd.) is holding LoA cited above for setting up of a sector specific SEZ for Hightech Engineering Sector at Coimbatore and is an operational SEZ. The developer has requested for clearance/allowing their proposed de-merger of the SEZs under the Scheme of Arrangement i.e. de-merger between:-
(i) M/s. Aspen Infrastructure Ltd.; and
(ii) M/s. Aspen Park Infra Coimbatore Pvt. Ltd. -Company — 1
(iii) M/s. Aspen Infra Padubidri Private Ltd. - Company- 2 (iv) M/s. Aspen Park Infra Vadodara Private Ltd. - Company — 3 and for transferring the LoA to its transferee company viz. M/s. Aspen Park Infra Coimbatore Pvt. Ltd.
bidri Private Ltd. - Company- 2 (iv) M/s. Aspen Park Infra Vadodara Private Ltd. - Company — 3 and for transferring the LoA to its transferee company viz. M/s. Aspen Park Infra Coimbatore Pvt. Ltd.
It is stated that the SEZs would be transferred through demerger to the respective company subsequent to receiving the sanction of the NCLT, Mumbai and Ahmedabad and sanction of this office, on the scheme becoming effective with effect from the appointed date. AsAspenPark per theirInfrasubmission,Coimbatorethe CoimbatorePrivate Ltd.,SEZwhichwill wascontinueincorporatedto operatein underthe statethe nameof Gujarat M/s. under the provisions of companies Act, 2013 on 18.05.2017 in the name and style of “Pitaya Wind Energy Private Ltd.” and subsequently changed to its current name on 20.10.2017.
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The proposal is pending for final orders with the National Company Law Tribunal (NCLT) under Section 230-232 of the Companies Act, 2013, for transfer of all SEZ approvals relating Aspen Infrastructures Ltd. The NCLT, in its order 5.1.2018 directed the applicant company to obtain concurrence/NOC from all the related Government departments viz. Income Tax, Registrar of Companies and SEZ Authorities, New Delhi.
DC, MEPZ SEZ has forwarded the proposal for consideration of BoA.
The request of the developer is submitted for consideration of BoA.
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(iv) Request of M/s. Cognizant Technology Solutions India Private Limited for scheme of merger or amalgamation of certain companies
st of the developer is submitted for consideration of BoA.
36
(iv) Request of M/s. Cognizant Technology Solutions India Private Limited for scheme of merger or amalgamation of certain companies
M/s. Cognizant Technology Solutions India Private Limited, co-developer of M/s. ELCOT SEZ, Sholinganallur, Kancheepuram District have informed that the following companies have been amalgamated with M/s. Cognizant Technology Solutions India Private Limited, co-developer as per orders of Regional Director (SR), Ministry of Corporate Affairs, Chennai The companies amalgamated with M/s. Cognizant Technology Solutions India Private Limited, co-developer are as follows:
i, M/s. Cognizant Technology Services Private Limited ae M/s. Cognizant Global Services Private Limited 3. M/s. Excellance Data Research Private Limited 4, M/s. Itaas India Private Limited and 3, M/s. Saband Software Technologies Private Limited
M/s. Cognizant Technology Solutions India Private Limited, the co-developer have also informed that pursuant to the merger, there will be no change in the shareholding pattern of M/s. Cognizant Technology Solution India Private Limited, co-developer which is as follows:-
**==> picture [344 x 59] intentionally omitted <==**
**----- Start of picture text -----**<br>
```text
||||||
|---|---|---|---|---|
|Name|of the shareholder|
|1.|Cognizant|(Mauritius)|77,75,728|10|
|Limited|
|CSS|Investment LLC|10,000|
----- End of picture text -----<br>
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---|---|---|---|---| |Name|of the shareholder| |1.|Cognizant|(Mauritius)|77,75,728|10| |Limited| |CSS|Investment LLC|10,000|
**----- End of picture text -----**<br>
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The co-developer has further submitted that there will be no change in the Directors post amalgamation.
to forthwith refund the benefits and exemptions availed by them on account of central/state levies, including CST & Central Excise & Customs Duty for creation of the infrastructure under reference.
The developer has declared that the area of non-processing zone to be used by both the SEZ and DTA entities (dual use purpose) is physically segregated from DTA, the nonprocessing area to be used only by the SEZ entities and the processing area of SEZ. Further, developer has declared that the land proposed for dual use in the non-processing area of SEZ does not fall under mutation No. 3249. The developer has undertaken to forthwith refund the benefits and exemptions availed by them on account of central/state levies, including CST & Central Excise & Custom Duty for creation of the infrastructure under reference.
## Recommendation by DC:
The DC, NSEZ has recommended the proposal subject to compliance of the relevant conditions laid down in Rule 11A of SEZ Rule 2006.
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The request of the developer is submitted for consideration of BOA.
(xii) Request of M/s. GAR Corporation Private Limited for increase an area of 0.769 hectares in the sector specific SEZ for IT/ITES at Sy. No. 89(P), Kokapet Village, Gandipet Mandal, Ranga Reddy District, Telangana.
The above mentioned SEZ stands notified over an area of 1.66 hectares.
The developer has requested for addition of an area of 0.769 hectares, thereby making the total area of SEZ to be 2.429 hectares (more than 10% original area).
45
The developer has stated that contiguous to the SEZ land being developed by the company, there are various owners holding land to the extent of 1.90 acres (0.769 Ha) of land and approached them to include the additional land in their existing SEZ.
The developer has submitted a letter dated 23.02.2018 from the Sub-Registrar, SRO, Gandipet, RR District stating that there is no provision of certifying the rights of develop or any other by the registrar. However, it is self declared by and between the parties of the document through the covenants or the conditions of the agreement mentioned by them in the document.
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DC’s recommendation:-
DC, VSEZ has recommended the proposal.
The proposal of the developer is submitted for consideration of BoA.
agreement mentioned by them in the document.
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DC’s recommendation:-
DC, VSEZ has recommended the proposal.
The proposal of the developer is submitted for consideration of BoA.
(xiii) Request for approval for importing “Spectralink PIVOT 8744 Enterprise Smartphone by M/s. L&T Technology Services Limited in M/.s L&T SEZ, Mysore, Karnataka. M/s. L&T Technology Services Limited was granted LOP on 31.12.2010 for setting up of unit for authorized operations namely “ITES — Engineering Design Services” in Primal Projects Pvt. Ltd. SEZ, Bellandur Village, Bangalore. The unit commenced commercial production on 01.04.2017.
The unit has intimated they have received an order for developing a software for customer in USA which require a Real device for testing the software based on the outcome of which the application will be launched in the market.
The unit has requested to permit them to import “Spectralink PIVOT 8744 Enterprise Smartphone” a device for testing purpose, which is a restricted item. The unit has also submitted product catalogue and technical write up and after the testing, the device will be reexported.It is mentioned under instruction No. 47 (i) to export prohibited items, provided they import raw material for the same. However, each such case will be placed before BoA for approval so that view of DGFT, DoR and others can be considered before taking a decision.
## Recommendation by DC:
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The proposal is recommended by the UAC meeting held on 17.05.2018 for favorable consideration of the BoA for SEZs.
The request of the unit is placed before BoA for consideration.
(xiv) M/s. Abhijeet Ferro Tech Ltd. of APSEZ, Visakhapatnam for import of Ferro Manganese Slag for a quantity of 20,000 MTs.
M/s. Abhijeet Ferro Tech Ltd. has been granted LoA on 05.03.2010 for manufacture and export of Ferro Manganese and Silicon Manganese etc. The unit commenced production on 24.03.2012 and hold a valid consent order from the AP PCB up to 31.12.2022 to operate a
46
facility for collection, storage, treatment & transport etc. for Ferro Manganese and Silico Manganese up to capacity of 2,38,082 TPA and a hazardous waste authorization order issued on 01.12.2017. The unit effected exports for a value of Rs. 1956.78 crores during the last 5 period.years blockThe periodunit was andgrantedachievedextensionpositiveof NFESEZtostatusthe tunefor aoffurther Rs. 852.67periodcroresof 5 duringyears fromthis 24.03.2017 to 23.03.2022.
The unit requires Ferro Manganese Slag as one of the raw materials for their authorized operations to re-cycle & manufacture Silico Manganese. Earlier, the request of the unit for import of Ferro Manganese Slag was considered and approved by the BoA in its meeting held on 5.2.2018 for a quantity of 50,000 MTs based on the NOC given by the MOEF & Climate change.
the unit for import of Ferro Manganese Slag was considered and approved by the BoA in its meeting held on 5.2.2018 for a quantity of 50,000 MTs based on the NOC given by the MOEF & Climate change.
The unit has stated that they were no longer producing Ferro Manganese from Manganese Ore by which they used to get Ferro Manganese Slag as a by-product, which in turn together with some of the quantities of import slag was being sufficient for their production of Silico Manganese till now. However, since the unit intends to use their full capacity to produce only Silico Manganese based on demand in export markets, permission for import of a quantity of 2,00,000 MTs Ferro Manganese Slag is being asked to meet their export commitments. The MOEF&CC New Delhi vide has vide letter dated 14.05.2018 has given No Objection for further import of 20,000 MTs Slag for recycling purpose subject to other applicable general conditions.
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The present case is being put up as per past practice under Instruction No. 47 date 04.03.2010 to the BoA as the requested item is restricted under FTP. In addition section 26 of the SEZ Act mandates BoA to grant approval for Import to the SEZ units for the materials requiring permission under any other Law, as this item may require permission from MoEF&CC.
Since the unit has obtained permission from Ministry of Environment, Forests & Climate Change, New Delhi and the AP Pollution Control Board consent and authorization order renewed up to 31.12.2022
Since the unit has obtained permission from Ministry of Environment, Forests & Climate Change, New Delhi and the AP Pollution Control Board consent and authorization order renewed up to 31.12.2022
Recommendation by DC: Ferro DC APSEZ recommends the request of M/s. Abhijeet Ferro Tech Ltd. for import of Manganese slag for a quantity of 20,000 MTs.
The request is placed before BoA for its consideration.
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(xv) Request of M/s. Anita Exports, a unit in Kandla SEZ for renewal of LoA for extension of recycling of plastic waste and scrap
M/s. Anita Exports, KASEZ was granted LoA on 15.05.1996 for recycling plastic waste & scrap and for re-processing of worn and used clothing.
M/s. Anita Exports, an existing unit for plastic recycling, their proposal for renewal of their LoA was rejected by BoA in its 78" meeting held on 03.07.2017 [Agenda item No. 78.5(ii)]. Aggrieved with the decision of the BoA in the said BoA meeting, the unit filed SCA No. 19048 of 2017 before the Hon’ble High Court of Gujarat at Ahmedabad. Now, the Hon’ble Gujarat High Court vide its order dated 08.05.2018 (copy enclosed as Annexure A)
47
quashed and set aside the aforesaid BoA decision of rejecting the proposal for extension/renewal. While quashing the decision of the BoA, the Hon’ble Gujarat High Court has observed that: -
47
quashed and set aside the aforesaid BoA decision of rejecting the proposal for extension/renewal. While quashing the decision of the BoA, the Hon’ble Gujarat High Court has observed that: -
“Considering the aforesaid facts and circumstances of this case, we are of the view that the Petitioner’s case requires re-consideration by the authority particularly to examine the similarity with other existing units which according to the petitioners were granted renewal despite being non operational for extended period. With these observations, this writ petition is hereby partly allowed. The order passed by the respondent no. 2 rejecting the proposal for extension/renewal (as recorded at Item No. 78.5(ii) of the minutes of meeting held on 03.07.2017) and the covering letter dated 14.07.2017 is hereby quashed and set-aside.”
The observation of the Hon’ble High Court in aforesaid Judgement is based on the claim of M/s. Anita Exports in their SCA before High Court that similar cases of non operational units for extended period were allowed approval for revival and renewal of their LoAs by the BoA in the case of two similar units as claimed by the unit in their petition, one of M/s. R. R. Vibrant Polymers Ltd., KASEZ (68 BoA meeting held on 30.12.2015) and another of M/s. Plastic Processors & Exporters Pvt.
two similar units as claimed by the unit in their petition, one of M/s. R. R. Vibrant Polymers Ltd., KASEZ (68 BoA meeting held on 30.12.2015) and another of M/s. Plastic Processors & Exporters Pvt. Ltd., Noida SEZ (69 BoA meeting held on 23.02.2016) which was otherwise also lying defunct and dormant and further directed to re-consider the case of the petitioner by the authority particularly to examine the similarity with other existing units which according to the petitoners were granted renewal despite being non operational for extended period.
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Accordingly, the unit vide their letter dated 16.05.2018 represented their case for reconsideration in the wake of the aforesaid Court order and has further undertaken that:
- They agree to the policy guidelines dated 17.09.2013 and its amendment dated 13.02.2018 will be acceptable to them.
- They have placed the order for new machinery for resuming the operations and submitted copy of quotation and the purchase order.
- > They will employ about 200 persons in this project. > They will achieve positive NFEE and shall do the physical export as per the Policy of Ministry.
- > They have invested Rs. 210 lakhs in Plant & Machinery and Building.
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They have also submitted Affidavit for compliance of Policy guidelines dated 17.09.2013 and amendment made vide Ministry’s letter dated 13.02.2018 regarding physical export conditions.
As per the Hon’ble High Court observations, similarity of the cases of other units on the basis of Agenda and minutes of their case are tabulated below: -
18 regarding physical export conditions.
As per the Hon’ble High Court observations, similarity of the cases of other units on the basis of Agenda and minutes of their case are tabulated below: -
```text
|Sr.||Details ofthe|M/s. R. R.|M/s. Plastic|M/s. Anita|
|---|---|---|---|---|---|
|No.|||proposal|Vibrant|Processors&|Exports|
||||Polymers Ltd.|Exporters Pvt.||
|||||Ltd.||
|1.||BoAAgendaitems | 68" BoA||69"BoA|78" BoA|
|||decidedinits|30.12.2015—|23.02.2016—|03.07.2017—|
48
|
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||meetingheld on|meetingheld on|ItemNo. 68.5|ItemNo. 69.11|| ItemNo. 78.5 (ii)|
|---|---|---|---|---|---|
||(copies enclosed as | (vi)|||(v)||
||Annexure D)|||||
|3:|No. ofyears non-||15 years|8 years|7 years|
||operation|||||
|3.|Reasons ofnon-||Firebroke outin |Global recession|||Due to short|
||activityclaimedby| their factoryin|||| in2008 their|extensionoftheir|
||unit||theyear2000<br>andthe<br>insurance|orderswere<br>suspendedand<br>unit inlossfrom|LoA inpiecemeal<br>basis,they could<br> | notplace their|
||||company|2009-2011.|export orders.|
||||rejected their|Due to short||
||||claim andBank|| extensionof||
||||issuednotice to|| theirLoA in||
||||them for|piecemeal basis,||
||||recovery,huge|| theycould not||
||||EMrental dues_|| place their||
||||was pending.|export orders.||
||Revisedrevival||Aftersettlement||Theyundertakes||Theyundertakes|
them for|piecemeal basis,||
||||recovery,huge|| theycould not||
||||EMrental dues_|| place their||
||||was pending.|export orders.||
||Revisedrevival||Aftersettlement||Theyundertakes||Theyundertakes|
||plan||oftheir case<br>abideby<br>to abideby<br>withBankand__| provisionsof<br>provisionsof<br>Insurance, they | Policydated<br>Policydated<br>cameoutwith<br>| 17.09.2013 and | 17.09.2013 and<br>re-organisation<br>| plantohave10 | orderednew<br>oftheir unit<br>Agglomerator<br>machinery for<br>spentRs. 300<br>plantswith2<br>resuming|||
||||lakhs inplant&|| generator sets of||operationand|
|||:|machinery.|250KW each|invested Rs. 210|
||||Theyundertakes|| with200|lakhs inplant&|
||||abideby|employmentand||machineryand|
||||provisions of|NFE ofRs.|building with200|
||||Policydated|7362.80 lakhs in||employment.|
||||17.09.2013 and|| 5 years.||
||||paid rental dues|||
||||ofRs. 69.50|||
||||lakhs|||
||activity|||||
||Whetheragreeable |Yes|||Yes|Yes|
||to the conditions of|||||
||Policy guidelines|||||
||dated 17.09.2013|||||
||as amended|||||
||including|physical||||
49
| fexportcondition || Whether their case | Yes Yes Yes recommended by DC Recommendation by DC:Since the Hon’ble Court has while quashing the decision of the BoA taken in its 78” meeting held on 03.07.2017 observed that their case requires re-consideration. Accordingly, the request of M/s. Anita Exports is placed before the BoA for its reconsideration. The request is placed before BoA for its consideration.
d that their case requires re-consideration. Accordingly, the request of M/s. Anita Exports is placed before the BoA for its reconsideration. The request is placed before BoA for its consideration.
(xvi) Request of M/s. Southern Online Bio Technologies Ltd. for inclusion of additional product in their LoA M/s. Southern Online Bio-Technologies Ltd. has been granted LoA on 14.12.2007 for manufacture & export of Bio-diesel and by products glycerin etc. the unit has started commercial production on 09.09.2010. The unit has been granted extension of validity of LoA status for a further period of 5 years upto 08.09.2020. The unit was effecting exports and invested for Rs. 121.97 crores till now. However the unit is presently not working.
The unit has requested for inclusion of additional products of Bio-diesel blending as per the description given below. The unit has further stated to export & sell bio-diesel blended product with petroleum oils (Bitumen mineral oils) like HSD/LDO/FO etc. The unit further stated that there is no need to import any additional capital goods for the manufacture of proposed additional product and submitted flow-chart for the process of biodiesel blending:
==> picture [360 x 70] intentionally omitted <==
----- Start of picture text -----<br> Description for manufacture of additional product ITCHS code no.<br>Biodiesel and mixtures thereof, not containing or 3826.00.00<br>containing less than 70% by weight of Petroleum Oils<br>or Oils obtained from Bituminous minerals<br>----- End of picture text -----<br>
el and mixtures thereof, not containing or 3826.00.00<br>containing less than 70% by weight of Petroleum Oils<br>or Oils obtained from Bituminous minerals<br>----- End of picture text -----<br>
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The request of the unit was placed before the UAC held on 20.02.2018 for consideration in terms of Rule 19(2) of SEZ Rules 2006. Upon deliberations, the Committee could not decide on the matter by a general consensus to approve the request. In terms of section 13(5) of the SEZ Act 2005, that in case the Approval Committee is unable to decide any matter by a general consensus, such matter shall stand referred to the BoA.
Recommendation by DC:-
DC, APSEZ refers the above proposal for inclusion in the agenda for SEZ units being held on 19.06.2018.
The request is placed before BoA for its consideration.
50
==> picture [1 x 8] intentionally omitted <==
----- Start of picture text -----<br> |<br>----- End of picture text -----<br>
(xvii) Request of M/s. State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT) at Sriperumbudur, Tamil Nadu for partial de-notification of SEZ area to the extent of 28.33.8 hectares and surrender of co-developer status of M/s. Motorola Mobility Chennai Pvt. Ltd.
The above mentioned SEZ stands notified over an area of 195.55.8 hectares. M/s. Motorola India Private Ltd. was granted co-developer status on 13.02.2007 for providing infrastructure facilities in the SIPCOT hitech SEZ for electronics/telecom hardware and support services, including trading and logistics activities at Sriperumbudur, Kancheepuram, Tamil Nadu in an area of 28.33.8 hectares (70 acres). Further, approval was granted for transfer of co-developer from M/s. Motorola India Pvt. Ltd. to M/s. Motorola Mobility Chennai Pvt. Ltd on 03.12.2010. The developer SIPCOT, Chennai had sought approval for partial de-notification of an area of 28.33.8 ha allowed to M/s Motorola Mobility Chennai Pvt. Ltd. as co developer. Application form C5 alongwith the DC’s recommendation, No dues certificate from the Authorized Officer and NoC from the State Government has been forwarded with the proposal.
t. Ltd. as co developer. Application form C5 alongwith the DC’s recommendation, No dues certificate from the Authorized Officer and NoC from the State Government has been forwarded with the proposal. The DC has informed that the developer has stated that M/s Motorola Mobility Chennai Pvt. Ltd. had approached them to get de-notified the entire land held by them due to changes in the business plans and they wish to revive their operations under DTA format. The DC has further informed that the Co-developer has given an undertaking that if any liability in future related to customs duty, excise, service tax and commercial tax arises, it will be settled as per the provisions of the relevant acts including payment of interest as and when concluded on the basis of the said acts.
Recommendation of DC
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DC, MEPZ has recommended the proposal.
The request is placed before BoA for its consideration.
(xviii) Request M/s. Nxtra Data Ltd. (Co-Developer) for setting up of a Sector Specific Special Economic Zone for IT/ITES at Plot No. 13/10/A & Plot No. 28, MIDC SEZ, Rajiv Gandhi Infotech Park, Phase-III, Hinjewadi, Pune, Maharashtra for amendment of BoA condition of lease period not exceeding 30 years incorporated in the Formal Approval dated 14.12.2017 M/s. Nxtra Data Ltd. was granted co-developer status on 14.12.2017 for developing sector specific SEZ for IT/ITES at Hinjewadi, Pune subject to standard terms and conditions as per SEZ Act and Rules and also that the lease period does not exceed 30 years (Renewable).
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The Co-Developer has entered into a Co-Developer agreement with MIDC Pune (Developer) for Plot No. 13/10/A and Plot no. 28 vide agreements dated 29.05.2017 and 07.06.2017 respectively for a period of 95 years.
The Co-Developer has stated that they are proposing to create a state of the art building and infrastructure requiring a total investment of more than INR 300 Crores for
51
IT/ITES unit(s). Therefore a Co-developer approval which is not co-terminus with the executed lease deed of 95 years would adversely impact the operational plans of the company.
0 Crores for
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IT/ITES unit(s). Therefore a Co-developer approval which is not co-terminus with the executed lease deed of 95 years would adversely impact the operational plans of the company.
Therefore, the Co-developer has requested for amendment in the Approval granted to them as a Co-developer for construction of buildings and related infrastructure for IT/ITES Units, Development of space of IT/ITES Unit and all default operations for approx. area admeasuring 1.90 hectares in MIDC Pune SEZ for a period of 95 years i.e. co-terminus with the lease deed.
It is stated that in 65" BoA meeting held on 27.08.2015, it was decided to approve codeveloper proposals, subject to terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (renewable).
Subsequently, a reference was received from the Government of Kerala in which it was stated that the State Government of Kerala lease out land for industrial purposes for a period of 90 years, as per its policy and requested to permit for continuation of lease period as envisaged in the lease agreement.
e Government of Kerala lease out land for industrial purposes for a period of 90 years, as per its policy and requested to permit for continuation of lease period as envisaged in the lease agreement. Accordingly, the Board in its 66 meeting held on 27.08.2015 restored the period of lease, as per the lease agreement signed between the developer and co-developer in respect of the SEZ projects located in the State of Kerala and for others it was decided that the lease period will continue to be period not exceeding 30 years (renewable) Recommendation of DC: In view of the above, the request of the Co-Developer for Extension of lease period from 30 years to 95 years is recommended to the Board.
The request is placed before BoA for its consideration.
Item No. 83.6: Cancellation of Formal Approvals (one proposal)
In terms of Rule 6(2)(a) of SEZ Rules, Formal Approval is valid for a period of three yeaope r ationals by whichfrom timethe daa t eleastof commencementone unit has toof suchcommenceproduction.productiPr o vison andtothethisSEZrule becomeprovide s for extension of this Formal Approval by Board of Approval, for which the Developer will submit his application in Form C1 to the concerned DC, who shall, within 15 days forward it to the Board with his recommendations.
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----- Start of picture text -----<br>
||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|In|the|following|case,|formal|approval|has|been|granted|by|the|DoC.|However,|since|
|there|is|no|significant|progress|made|by|the|Developer,|the|concerned|DC|has|proposed|for|
|cancellation|of formal|approval|granted|to|the Developer.|The|details|of case|is|as|under:-|
|Sr.||Name|of|the!|Sector|Date of|Zone|| Remarks|
|No.|| Developer/co-|formal|
|developer|approval|
|1.|||M/s.|OSE|||IT/ITES|NSEZ|| The|SEZ|is|notified|on|14.05.2007,|over|an|area|of|
|Infrastructure|6.11.2006|10.11753|Ha.|The|formal|approval|granted|to|the|
|Ltd.|(Plot|No.|developer|has|expired|on|12.12.2013.|
|001,|Block|C,|
|Sector|—|67,|DC NSEZ|has|stated|that|no|request|for|further|extension|
|Noida, UP|of validity of LoA|has been made by the|developer.|
----- End of picture text -----<br>
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1,|Block|C,| |Sector|—|67,|DC NSEZ|has|stated|that|no|request|for|further|extension| |Noida, UP|of validity of LoA|has been made by the|developer.|
**----- End of picture text -----**<br>
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It may be mentioned here that while submitting its last proposal for extension of formal approval the developer had stated that their construction work could not be taken up due to non-approval of their layout plan by Noida Authority. It was informed that the developer had taken up the matter with the State Government of Uttar Pradesh and despite of directions issued by Principal Secretary, Government of Uttar Pradesh vide letter dated 23.06.2009 about applicability of FAR in respect of said SEZ, the Noida Authority did not approve their plans.
The proposal had been placed before the Approval Committee in its meeting held on 02.02.2018 wherein no one from the developer appeared before the Approval Committee, in spite of email communication sent to the developer on all available emails. The Approval Committee had directed to send a formal letter to Registered Office of developer as well as residential addresses of all the directors with direction to comply with the documentary requirements for cancellation of Formal approval/de-notification of SEZ, within three weeks’ time. Approval Committee also directed to seek NoC from State Government in view of the fact that any duty benefit might have been availed by the developer. The Approval Committee also directed to conduct a site inspection of the SEZ site and submit their report about factual position on the ground.
duty benefit might have been availed by the developer. The Approval Committee also directed to conduct a site inspection of the SEZ site and submit their report about factual position on the ground. Accordingly, as per direction of the approval Committee letter dated 13.02.2018 was written to the developer and all current directors conveying the decision of the Approval Committee and requesting to submit the documents listed therewith in the letter dated 13.02.2018, within three weeks from the date of issue of letter. It is informed that copy of said letter was also endorsed to Managing Director, PICUP (Nodal agency of State Government for SEZs0 with the request to forward ‘NOC’ of the State Govt. for de-notification of entire area of said SEZ. DC, NSEZ has requested DoC to take necessary action for cancellation of formal approval.
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## Item No. 83.7: Proposals for Industrial Licence (3 proposals)
## (i) Application of M/s Zen Technologies Ltd., SEZ unit under VSEZ requiring Industrial Licence.
This is regarding the proposal of M/s Zen Technologies Ltd., for grant of industrial licence from their SEZ unit at Ranga reddy District, Telangana for design, development and manufacture of simulators for aerospace, defence, home land security, mining and road transport industry.
The comments of the following Departments/State Government recommending the proposal are as below:
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```text
|1.|DC,VSEZ|||Vide<br>letter<br>dated<br>20.02.2015,<br>VSEZ<br>have|
|---|---|---|---|---|
|||||informed that the NFE for the first five years|
|||||projectedbythe unit is Rs. 2464 lacs.|
|Ds|Department<br>Production|of|Defence||DoDP vide O.M dated 23.11.2015 informed<br>that<br>the<br>Standing Committee on<br>Private<br>Participation<br>in<br>Defence<br>Production<br>has|
|||||recommended grant ofIL to the Company for|
|||||design,<br>development<br>and<br>manufacture<br>of|
|||||simulators<br>specially<br>designed<br>for<br>military|
|||||application<br>subject<br>to<br>standard<br>terms<br>and|
|||||conditions for licensing and the extant FDI|
|||||Policy guidelines applicable to defence sector|
|||||and clearance ofMHA.<br>Further, the company|
|||||may<br>be<br>directed<br>to<br>follow<br>the<br>security|
|||||guidelines for Category B mentioned in the|
|||||SecurityManual available atDDP’s website.|
|Ga|MinistryofHome||Affairs|Vide<br>O.M<br>dated<br>24.11.2015, MHA<br>have|
|||||conveyed security clearance in r/o the unit and|
B mentioned in the|
|||||SecurityManual available atDDP’s website.|
|Ga|MinistryofHome||Affairs|Vide<br>O.M<br>dated<br>24.11.2015, MHA<br>have|
|||||conveyed security clearance in r/o the unit and|
|||||its Director namely Sh. Ashok Atluri, Sh. M.|
|||||RaviKumar, sh. G. Prasadand Smt. M. Sridevi.<br>It is further mentioned byMHA that MoD may|
|||||be asked to recommend appropriate security and|
|||||auditing procedures for the firms as well as its|
|||||supply<br>chain<br>depending<br>upon<br>the_ threat|
|||||perception and sensitivity of the product to be|
|||||manufactured for defense forces.|
|4.|Civil Aviation|Department||Vide<br>letter<br>dated<br>19.08.2017,<br>O/o<br>Director|
|||||General of Civil Aviation offered no objection|
|||||in granting IL to the unit. It is stated that these|
|||||simulators are to be sold to defense services,|
|||||State<br>Police<br>Force,<br>Central<br>Police|
|||||Organizations,<br>Special<br>Forces,<br>Transport|
|5.|StateGovernment|||Departments, Civil Sectors andMining Sectors.<br>Vide<br>letter<br>dated<br>29.03.2018,<br>The|
|||||Commissioner<br>of Industries,<br>Government<br>of|
|||||Telangana have informed that nothing adverse|
|||||has come to notice against the group promoters|
|||||of the company. IL to the company has been|
|||||recommended, subject to the condition that the|
|||||unitobtainsallstatutoryclearances/approvals.|
to notice against the group promoters| |||||of the company. IL to the company has been| |||||recommended, subject to the condition that the| |||||unitobtainsallstatutoryclearances/approvals.|
Relevant Provision of SEZ Act: As per section 9 (e) of the SEZ Act 2005, the Board has powers and functions of granting, notwithstanding anything contained in the Industries (Development and Regulation) Act, 1951, a license to an industrial undertaking referred to in clause (d) of section 3 of that Act, if such undertaking is established, as a whole or part thereof, or proposed to be established, in a Special Economic Zone. Based on the above, the proposal of M/s Zen Technologies Ltd., for grant of Industrial Licence for for design, development and manufacture of simulators for aerospace, defence,
54
| | | |
home land security, mining and road transport industry is placed before the BoA for a decision.
## Applications of SEZ units for grant of License to manufacture items covered
## under and IDR Act, 1951 and Arms Act, 1959
The Ministry of Home Affairs vide Notification S.O. 1636 (E) dated 19.05.2017 has delegated powers and functions under sub-section (1) of Section (5), clauses (b) and (c) of Section 7 and Chapter III of Arms Act, 1959 to Secretary, Department of Industrial Policy and Promotion in respect of defence items manufactured under Arms Act, 1959. The items mentioned in the Schedule were earlier covered under IDR Act, 1951 as per Press Note No. 3 (2014 series).
2. The following provisions for SEZ units and EOUs are defined in Special Economic Zones (SEZ) Act, 2005 and the Foreign Trade Policy 2015-2020 for grant of Industrial Licence under IDR Act, 1951:e As per section 9 (e) of the SEZ Act 2005, the Board of Approval has powers and functions of granting, notwithstanding anything contained in the Industries (Development and Regulation) Act, 1951, a license to an industrial undertaking referred to in clause (d) of section 3 of that Act, if such undertaking is established, as a whole or part thereof, or proposed to be established, in a Special Economic Zone.
- ¢ Grant of licenses for setting up Export Oriented Units (EOU) requiring Industrial Licence is covered by Foreign Trade Act, 1992 read with Handbook of Procedure, 2015-20 (as revised on 05.12.2017). Para 6.07 (c) provides that proposal for setting up an EOU requiring Industrial Licence may be granted approval by Development Commissioner after clearance of proposal by Board of Approvals and DIPP within 45 days.
vides that proposal for setting up an EOU requiring Industrial Licence may be granted approval by Development Commissioner after clearance of proposal by Board of Approvals and DIPP within 45 days.
a In this regard, during the Meeting of the Licensing Committee held under the Chairmanship of Secretary, DIPP on 25.02.2013, it was decided to transfer the powers to grant Industrial Licence to Units in SEZs and for EOUs under Industries (Development and Regulation) Act, 1951 to the Department of Commerce. Based on this delegation, this Department has been processing cases of grant of Industrial Licenses in SEZs and EOUs with the approval of the Board of Approval.
4. Since, the defence items as mentioned in the Schedule are now covered under Arms Act, it has been felt in this Department that powers to grant licenses in SEZs and EOUs for manufacture of items covered under Arms Act would be required to be delegated to the Board of Approval, provided for in the SEZ Act, 2005 and FTP 2015-20 for grant of Industrial Licenses in case of units proposing to set up Units for manufacture of defence equipment covered under Arms Act, 1959 in SEZs and EOUs. Thus, this Department had requested MHA that the necessary notification in this regard may be issued to facilitate the setting up of Units in SEZ and EOUs for the manufacture of defence equipment. In response to this Department’s request, Arms Section, MHA, vide O.M dated V-11026/107/2017-Arms (Pt.
to facilitate the setting up of Units in SEZ and EOUs for the manufacture of defence equipment. In response to this Department’s request, Arms Section, MHA, vide O.M dated V-11026/107/2017-Arms (Pt. File) dated 30.11.2017 informed that as per New Arms Rules, 2016 the manufacturer applicant may setup the facilities in SEZ, Industrial Parks and other industrial areas in any other location duly approved by the State Government for this purpose and therefore, State Government may take necessary action as per provisions of Arms Rules, 2016. This Department is, however, of the view that
|
| | | |
|
|
i
3D
power to grant of Licence under Arms Act, 1959 should lie with BoA for EOUs and SEZ unit as explained above. Detailed proposal was also sent to Secretary (Home) vide D.O letter dated 13.12.2017 from the then AS (SEZ Division). The MHA vide its O.M dated 06.02.2018 sought inputs from DIPP on the request of this Dept. for delegation of power to BoA in respect of SEZ units and EOUs.
The following applications are pending with this Department for want of delegated
- powers: e Application of M/s Defsys Solutions Pvt. Ltd., SEZ unit under NSEZ e Application of M/s Tata Power Company Ltd., SEZ unit under CSEZ
|
ing with this Department for want of delegated
- powers: e Application of M/s Defsys Solutions Pvt. Ltd., SEZ unit under NSEZ e Application of M/s Tata Power Company Ltd., SEZ unit under CSEZ
|
In the light of the foregoing, as a measure of ease of doing business, till powers for granting license to manufacture items requiring license under the Arms Act, 1959 are not delegated to BoA, perhaps, the pending proposals can be referred to the DIPP for grant of licence under Arms Act, 1959 as Secretary, DIPP is already vested with the powers so that the projects do not get delayed.
(ii) | Application of M/s Defsys Solutions Pvt. Ltd., SEZ unit under NSEZ requiring Licence to manufacture of equipments for defence application.
- This is regarding the proposal of M/s Defsys Solutions Pvt. Ltd. for grant of
- industrial licence to manufacture equipment for defence application from their SEZ unit located in the Dr. Fresh Healthcare Pvt. Ltd., IT/ITES SEZ Gurgaon, Haryana. The unit has obtained LoA dated 07.11.2014 from NSEZ for setting up a unit in IT/ITES. The items proposed to be manufactured are as below: e Electronic Warfare Systems (Electronic Hardware). e Electro optic sights, payloads and pods. e Electro Optical Box Assemblies and testing. e Thermal sensors and infrared sensors. e Simulators & Electro Mechanical Assemblies.
- The comments of the following Departments/State Government recommending the
- proposal are as below:
| | | | | | | | |
rs and infrared sensors. e Simulators & Electro Mechanical Assemblies.
- The comments of the following Departments/State Government recommending the
- proposal are as below:
| | | | | | | | |
```text
|1.|DC,NSEZ||Vide<br>letter<br>dated<br>17.02.2017,<br>NSEZ<br>have|
|---|---|---|---|
||||forwarded the NFE<br>projections ofthe unit. The|
||||NFE<br>for the first five years projected by the unit|
||||is Rs. 46,550 lacs.|
|2,|Department|of|Defence |DoDP vide O.M dated 01.02.2017 informed|
||Production||that<br>the<br>Standing<br>Committee<br>on<br>Private|
||||Participation<br>in<br>Defence<br>Production<br>has|
||||recommended grant ofIL to the Company for|
||||the<br>manufacture<br>of<br>Electronic<br>Warfare|
||||Systems (Electronic Hardware), payloads and|
||||pods, Thermal sensors and infrared sensors|
||||and<br>simulators<br>for<br>military<br>use<br>being|
56
| licensable<br>from<br>defence<br>angle<br>subject<br>to | ||
|---|---|---|
| standard terms and conditions for licensing | ||
| and<br>the<br>extant<br>FDI<br>Policy<br>guidelines | ||
| applicable to defence sector and clearance of | ||
| MHA. The Company may be asked to follow | ||
| the<br>security<br>guidelines<br>for<br>Category<br>‘A’ | ||
| mentioned in Security Manual<br>available<br>at | ||
| DDP’s<br>website. The company<br>should<br>also | ||
| follow DRDO’s guidelines while undertaking | ||
| manufacturing ofEW Systems for Ministry of | ||
| Defence. |
ed in Security Manual<br>available<br>at| |||DDP’s<br>website. The company<br>should<br>also| |||follow DRDO’s guidelines while undertaking| |||manufacturing ofEW Systems for Ministry of| |||Defence. It is also informed that items i.e<br>Electro<br>optic<br>sights,<br>Electro<br>Optical<br>Box<br>Assemblies<br>and <br>testing<br>and<br>Electro<br>Mechanical<br>Assemblies<br>are<br>non-licensable| |||from defence angle. IL is not required for<br>manufacturing ofthem.| |de|MinistryofHomeAffairs|Vide<br>O.M<br>dated<br>20.09.2017,<br>MHA<br>have<br>conveyed security clearance in r/o the unit and| |||its<br>Director namely Sushant Mohan<br>Gupta,| |||Sushen<br>Mohan<br>Gupta,<br>Chitranjan<br>Sharma,<br>Biswajeet Mukerjee and Dmitry Bernadiner<br>with respect to core national securityparameters<br>i.e unity, integrity and sovereignty of the<br>Country. The above security clearance is valid| |||forthefollowing shareholding:| |||1. M/s DMG Finance & Investment Pvt. Ltd.-| |||99.9999% ofequity shares.| |||2.
ntegrity and sovereignty of the<br>Country. The above security clearance is valid| |||forthefollowing shareholding:| |||1. M/s DMG Finance & Investment Pvt. Ltd.-| |||99.9999% ofequity shares.| |||2. Sushant Gupta- 00.0001% ofequity shares.| |||It is further mentioned by MHA that MoD<br>should<br>ensure<br>that<br>all<br>security<br>instructions/architecture prescribed in Security<br>Manual for Licensed Defence Industries, issued| |4,|Civil Aviation Department|byMoD fromtime totime are strictly adhered<br>to.<br>Vide<br>letter<br>dated<br>19.06.2017,<br>O/o<br>Director| |||General of Civil Aviation offered no comments| |||as the said items are not specifically used in| |||commercial aircraft system and these items are| |||fordefense applications and mainlyfor export.| |>.|State Government|Vide letter dated 23.02.2017, The Director of| |||Industries<br>&<br>Commerce,<br>Haryana<br>have| |||informed that the company has alreadymade an| |||investment ofRs. 29.56 crore in land, building| |||and machinery and furnished no objection for| |||the grant of IL for the manufacturing of above| |||saidproducts.|
: | | | | | | | | | | | | |
57
The comments of DoDP that IL is not required for manufacture and export of Electro optic sights, Electro Optical Box Assemblies and testing and Electro Mechanical Assemblies were informed to DC, NSEZ vide DoC letter dated 16.11.2017.
required for manufacture and export of Electro optic sights, Electro Optical Box Assemblies and testing and Electro Mechanical Assemblies were informed to DC, NSEZ vide DoC letter dated 16.11.2017.
Relevant Provision of SEZ Act: As per section 9 (e) of the SEZ Act 2005, the Board has powers and functions of granting, notwithstanding anything contained in the Industries (Development and Regulation) Act, 1951, a license to an industrial undertaking referred to in clause (d) of section 3 of that Act, if such undertaking is established, as a whole or part thereof, or proposed to be established, in a Special Economic Zone.
DIPP vide letter dated 11.01.2018 has clarified that Electronic Warfare Suite spectra are detection equipment and do not fall within the definition of arms and ammunition and these are covered under the Press Note 3 of 2014 series and require licence for Defence Sector under IDR Act, 1951.
Also, as per clarification furnished by MHA to DIPP vide letter dated 22.09.2017, list of items which are covered under IDR Act, 1951 includes infrared or thermal imaging equipment and simulators.
Therefore, proposal is placed before BoA for grant of Industrial Licence under IDR Act, 1951 for manufacture and export of Electronic Warfare Systems (Electronic Hardware), Thermal sensors and infrared sensors and simulators.
d before BoA for grant of Industrial Licence under IDR Act, 1951 for manufacture and export of Electronic Warfare Systems (Electronic Hardware), Thermal sensors and infrared sensors and simulators.
It is not clear whether the item ‘payload and pods’ is covered under the Arms Act, 1959. MHA is yet to clarify on the issue. Therefore, the proposal in respect of ‘payloads and pods’ may be recommended to DIPP for considering grant of licence under Arms Act, 1959, (iii) | Application of M/s Tata Power Company Ltd., SEZ unit under CSEZ requiring Licence for manufacture of defence products. This is regarding the proposal of M/s Tata Power Company Ltd.Strategic Engineering Division for manufacture of defence products, at Bangaluru Aero Space SEZ Industrial Area. The unit has obtained LoA from CSEZ for setting up of SEZ unit there. The items proposed to be manufactured are as below: (i) Tanks and other armoured fighting vehicles. (ii) Ground vehicles a and b. (iii) Armoured or protective equipments for Ballistic protection for military systems.
| | | | | | |
| | | | | | | | | |
-
(iv) Defence aircraft-spacecraft-parts thereof for military application. (v) | Arms-ammunition-allied items of defence equipment parts accessories thereof. (vi) Manufacturing of radar equipment GPS devices-search-detection-navigationaeronautical equipment.
-
(vii) Imaging or countermeasure equipmenta to e. (viii) Misc-concealment-detection equipment for military application.
58
ipment GPS devices-search-detection-navigationaeronautical equipment.
- (vii) Imaging or countermeasure equipmenta to e. (viii) Misc-concealment-detection equipment for military application.
58
|The comments <br>proposalare asbelow:|The comments <br>proposalare asbelow:|ofthe|following|Departments/State Government recommending the|
|---|---|---|---|---|
|1.|DC,CSEZ|||Vide letter dated 11.01.2017, CSEZ have|
|||||recommended<br>the proposal<br>of the<br>unit and|
|Zz.|Department<br>Production|of|Defence|informed that NFE projections for the first 5<br>yearsisRs. 18100l**a**cs.<br> |DoDP vide O.M d ted 01.02.2017 informed<br>that<br>the<br>Standing<br>Committee<br>on<br>Private|
|||||Participation<br>in<br>Defence<br>Production<br>has|
|||||recommended grant ofIL to the Company for|
|||||themanufacture offollowingitems:|
|||||i. Tanks and other armoured fighting vehicles<br>includingGround vehicles aandb to provide<br>ballisticprotecti**o**n tolev**e**l III(NIJ 0108.01,<br>Sept 1985, or c mparabl<br>national standard|
|||||or above);|
|||||ii. Armoured<br>or<br>protective<br>equipments<br>for<br>Ballisticprotec**t**ionformilitarysystems;<br>iil. Defence aircraf formilitary application;|
|||||iv. Arms ammunition;|
|||||v. Manufacturing<br>of<br>radar<br>equipment,|
|||||detection, navigation specially designed for|
|||||militaryapplication;<br>vi. Imaging<br>or<br>countermeasure<br>equipment|
|||||specially designed for military application<br>and;|
|||||ii.
,|
|||||detection, navigation specially designed for|
|||||militaryapplication;<br>vi. Imaging<br>or<br>countermeasure<br>equipment|
|||||specially designed for military application<br>and;|
|||||ii. Misc-concealment-detection equipment for<br>military application.|
|||||The above mentioned NOC<br>is<br>subject<br>to|
|||||standard terms and conditions for licensing|
|||||and<br>the<br>extant<br>FDI<br>Policy<br>guidelines|
|||||applicable to defence sector and clearance of|
|||||MHA. The Company may be asked to follow|
|||||the<br>security<br>guidelines<br>for<br>Category<br>‘A’|
|||||mentioned in Security Manual<br>available<br>at|
|||||DDP’s website. It is also informed that items|
|||||i.e space<br>craft parts thereof, GPS devises,|
|||||aeronautical<br>equipment<br>are<br>non-licensable|
|||||from defence angle. IL is not required for|
|||||manufacturing ofthem.|
|a|MinistryofHome Affairs|||Vide<br>O.M<br>dated<br>19.05.2017, MHA<br>have|
|||||conveyed security clearance in r/o the unit and|
|||||its<br>Director namely<br>Dr.<br>homier S<br>Vachha,|
|||||Nawshirh.<br>Mirza,<br>Deepak<br>M.<br>Satwalekar,|
|||||Ashok<br>K.<br>Basu,<br>Anil<br>Sardana,<br>Pravin<br>H.|
|||||Kutumbe,<br>Sandhya<br>S.<br>Kudtarkar, Ashok<br>S.|
|||||59|
| | | | | | | | | | | | |
==> picture [428 x 453] intentionally omitted <==
Basu,<br>Anil<br>Sardana,<br>Pravin<br>H.| |||||Kutumbe,<br>Sandhya<br>S.<br>Kudtarkar, Ashok<br>S.| |||||59|
| | | | | | | | | | | | |
**==> picture [428 x 453] intentionally omitted <==**
**----- Start of picture text -----**<br>
```text
|||||||||||
|---|---|---|---|---|---|---|---|---|---|
|Sethi|and|Piyush|G.|Mankad|with|respect|to|
|core|national|security|parameters|i.e|unity,|
|integrity|and|sovereignty|of|the|Country.|It|is|
|further|informed|that|Cyrus|P.|Mistry who|was|
|the|Chairman|of|the|company|has|resigned|and|
|is|no|more|on|the|Tata|Sons|Board.|
|The|following|inputs|have|also|been|shared by|
|MHA|for|consideration|in|the|context|of|extant|
|policy,|procedures,|practices,|contract/tender|
|related|guidelines|etc|of DIPP:|
|“Shapoorji|Pallonji|Group|whose|promoters|are|
|also|the|largest|individual|shareholders|in|Tata|
|Group|came|under|scanner|in|2012|of|the|
|Bombay|High|Court|in|which|a|notice|was|
|issued|to|Chairman|for|alleged|disproportionate|
|assets|case|in|Maharashtra”.|
|It|is|further|mentioned|by|MHA|that|MoD|
|should|ensure|that|all|security|
|instructions/architecture|prescribed|in|Security|
|Manual|for Licensed Defence|Industries,|issued|
|by|MoD|from|time|to|time|are|strictly|adhered|
|to.|
|4.|Civil Aviation Department|Vide|letter|dated|02.12.2017,|O/o|Director|
|General|of|Civil|Aviation|offered|no|comments|
|Bi|State|Government|Videon the proposalletter|dated of|the29.08.2017, unit.|Directorate|of|
|Industries|&|Commerce|have|furnished|no|
|objection|to|grant|of|IL|to|the|unit|subject|to|
d|no|comments|
|Bi|State|Government|Videon the proposalletter|dated of|the29.08.2017, unit.|Directorate|of|
|Industries|&|Commerce|have|furnished|no|
|objection|to|grant|of|IL|to|the|unit|subject|to|
|other|statutory|approvals|from|the|Govt.|
|Authorities,|if any.|
----- End of picture text -----<br>
The comments of DoDP that IL is not required for manufacture and export of space craft parts thereof, GPS devises, aeronautical equipment were informed to DC, CSEZ vide DoC letter dated 15.11.2017.
==> picture [1 x 18] intentionally omitted <==
----- Start of picture text -----<br> |<br>----- End of picture text -----<br>
| |
|
| | | | | | | | |
Relevant Provision of SEZ Act: As per section 9 (e) of the SEZ Act 2005, the Board has powers and functions of granting, notwithstanding anything contained in the Industries (Development and Regulation) Act, 1951, a license to an industrial undertaking referred to in clause (d) of section 3 of that Act, if such undertaking is established, as a whole or part thereof, or proposed to be established, in a Special Economic Zone.
As per clarification furnished by MHA to DIPP vide letter dated 22.09.2017, list of items which are covered under IDR Act, 1951 includes armoured or protective equipment, imaging or countermeasure equipment, concealment and deception equipment.
Therefore, proposal is placed before BoA for grant of Industrial Licence under IDR Act, 1951 for the following items:
60
|
- i.Armoured or protective equipments for Ballistic protection for military systems;
is placed before BoA for grant of Industrial Licence under IDR Act, 1951 for the following items:
60
|
-
i.Armoured or protective equipments for Ballistic protection for military systems;
-
ii.Manufacturing of radar equipment, detection, navigation specially designed for military application;
-
iiiImaging or countermeasure equipment i.e Recorders and Image processing equipments, image intensifier equipments, infrared or thermal imaging equipments, imaging radar sensor equipment, countermeasure or countermeasure equipment.
-
iv.Misc-concealment-detection equipment for military application. Since the following items are covered under Arms Act, 1959, the proposal for below
-
mentioned items may be recommended to DIPP for considering grant of licence under Arms Act, 1959:
-
i. Tanks and other armoured fighting vehicles including Ground vehicles a and b to provide ballistic protection to level III (NIJ 0108.01, Sept 1985, or comparable
-
ii. national standard or above); |Arms-ammunition-allied items of defence equipment parts accessories thereof.
-
iii. Defence aircraft for military application;
Item no. 83.8: Appeals before BoA (3 Appeals).
| |
| |
|
|
(i) Appeal of M/s. Crafts Exim requesting for setting up of new unit in Moradabad SEZ against order dated 23.03.2018 passed by UAC, Moradabad SEZ.
Gist of order appealed against
M/s. Crafts Exim had proposed to set up a new unit in Moradabad SEZ for manufacturing & export of Handicrafts made of Leather, Jute, Wood, Kolapuri Chappal, Glass Iron, Stainless Steel, Brass, Copper and Aluminum with projected exports of Rs. 2582.85 lakhs and NFE of Rs. 2582.85 lakhs over a period of five years.
The UAC in its meeting held on 15.12.2017 granted in-principle approval for the proposal subject to certain conditions.
An Approval Committee meeting was held on 8.3.2018 to review the in-principle approval accorded to the proposal. No representative from the firm appeared before the Approval Committee, the proprietor Shri Bilal Khan had informed that due to ill health, he would not be able to attend the Approval Committee meeting scheduled on 8.3.2018. He also submitted a letter from the developer, UPSIDC stating that the plot will be cancelled if the unit falls to execute Lease Deed latest by 9.3.2018.
|
|
| |
|
The Approval Committee after due deliberations, in view of the misinterpretation of facts, suppression of information relating to work experience & financial status and in view of the observations made in Chartered Accountant/ advocate report, rejected the proposal in terms of Rule 18 of SEZ Rules, 2006 vide letter dated 23.03.2018.
61
The Appellant has stated as under:-
That his proposal was rejected without providing him an opportunity for hearing. That the impugned order shows that it is non speaking and it was passed without properly considering and appreciating the facts and documents which have been submitted by the appellants to establish his work experience and financial status.
| |
That the observations of the Approval Committee that no document was submitted by Appellant on 29.1.2018 is absolutely incorrect and false while the true facts of the matter are that the appellant has submitted documents before ADC, Moradabad on 29.1.2018 and he also submitted documents before DC on 6.2.2018 which were required by them. Additional documents were submitted on 24.2.2018 before DC, JDC and DDC in SEZ Noida.
That the appellant never stated before the Approval Committee that the value of his propertyhave marketis aboutvalue 8ofcrores. about 80Thelakhs.appellant has submitted the papers of his properties which firm SunailaThe reportInternational ofthe advocatehas no Smt.existence. ManiThat Mittalthe isreport false andof the incorrectChartered to theAccountant effect thatwas the bogus and it was not worthy to any credence. That the report of DGFT Kanpur is based on his whims and surmises and it is established on record that the said firm was always working/carrying on his business.
| | |
not worthy to any credence. That the report of DGFT Kanpur is based on his whims and surmises and it is established on record that the said firm was always working/carrying on his business.
| | |
That the premises No. 14/14, Nawab Compound, Civil Lines, Kanpur Nagar is not open plot as falsely alleged in the said report. It is double storied building and all the relevant documents in this regard have already been submitted before the Approval Committee. The property bearing H.No. 14/16, Nawab Compound, Civil Lines, Kanpur Nagar belongs to the mother of the appellant who is dead as such the appellant has inherited it according to his personal law.
The Appellant had alleged that ADC, Moradabad has demanded illegal gratification from him.
|
Rule Position
Section 15(3) of SEZ Act, 2005 provide that the Approval Committee may, either approve the proposal without modification, or approve the proposal with modifications subject to such terms and conditions as it may deem fit to impose, or reject the proposal in accordance with the provisions of sub-section (8):
|
Provided that in case of modification or rejection of a proposal, the Approval Committee shall afford a reasonable opportunity of being heard to the person concerned and after recording the reasons, either modify or reject the proposal.
The appeal is placed before the BoA for consideration (Annexure-1).
62
(ii)order datedAppeal07.04.2016 dated 19.01.2018 ofpassed by UAC, M/s. AlpsFSEZ. Overseas Pvt. Ltd. a unit in FSEZ against
| |
Gist of order appealed against
M/s. Alps Overseas Pvt. Ltd. was granted LoP dated 09.05.1997 at Falta SEZ for manufacture and export of LDPE/HDPE/PP granules & Plastic sheets, Films & strips. The unit started commercial production on 16.12.1998. The unit was allotted open land measuring 3660 sq.mtr., 200 sq.mtr. of Industrial Shed (old) and 950 sq.mtr. of Industrial Shed (old) at Falta SEZ on lease rent basis. The unit had a huge rental outstanding of an amount of Rs. 14,80,739/- (Rupees fourteen lakhs eighty thousand seven hundred thirty nine) only towards lease rent and interest of the aforesaid spaces up to the period of December, 2015. A demand letter was sent to the unit on 06.07.2015 to deposit rental dues followed by a reminder dated 06.10.2015. As no response was received from the unit, as decided in the 74 UAC meeting held on 15.09.2015, a Show Cause Notice dated 14.10.2015 was issued to the unit as to why their LOP will not be cancelled for failure to pay Government dues on time.
s decided in the 74 UAC meeting held on 15.09.2015, a Show Cause Notice dated 14.10.2015 was issued to the unit as to why their LOP will not be cancelled for failure to pay Government dues on time.
The firm vide their reply dated 17.11.2015 assured to clear the dues within 31.12.2015. The matter was placed in the 76™ UAC Meeting held on 27.11.2015 and the Committee gave an opportunity of personal hearing to the unit in the next UAC meeting. The matter was again placed in the 77" UAC meeting held on 17.12.2015 and the Committee decided to cancel the LoP dated 19.05.1997 if rents not cleared within time limit desired by the unit i.e. 31.12.2015. The firm again assured to clear their rental dues within 31.03.2016 and the committee agreed to the same. Since the unit failed to settle the outstanding rental dues including interest upto 31.03.2016 i.e. Rs.17,50,116/- (Rupees seventeen lakhs fifty thousand one hundred sixteen), the DC vide their order dated 07.04.2016 cancelled the LoP dated 09.05.1997 in terms of Section 16 of SEZ Act 2005 and SEZ Rules 2006 as well as SEZ Authority Rules 8(XII) by occupying the Government premises, been a huge defaulter of rent and which acts as a deterrent for any further violation of any law in force and Lease Right Cease to exist in terms of Rules 11 (5) of SEZ Rules, 2006.
nment premises, been a huge defaulter of rent and which acts as a deterrent for any further violation of any law in force and Lease Right Cease to exist in terms of Rules 11 (5) of SEZ Rules, 2006.
Contents of Appeal The Appellant has stated that the penalty was harsh and that there was no lack of due diligence on their part nor any intention to avoid payment. That despite financial difficulties, they had paid a hefty amount of the Rental Dues amounting to Rs. 33,62,242.00 by Demand Draft dated 21.03.2014. Now funds have been arranged and they are in a position and willing to clear Rental Dues up to 31.03.2018 in one installment and resume operations.
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Now, the unit vide letter dated 19.1.2018 has requested BoA for condonation of delay in filling of the appeal earlier as they were not in a position to arrange funds for clearance of lease rental dues of premises and were engaged in arranging finance. Further, the unit has requested that as the business environment was not conducive and favourable, they were not in the position to resume operations.
Rule Position
As per Rule 56 of SEZ Rules, 2006 - “An appeal shall be preferred by the aggrieved person within a period of thirty days from the date of receipt of the order of the Approval
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Committee under Rule 18. The appeal has been preferred on 19.01.2018 and not within a period of thirty days from the date of order of the UAC, hence is time barred.
The appeal is accordingly placed before the BoA for consideration (Annexure-2).
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