IN FORCE SEZ / EOU / FTWZ

Agenda for the 100th meeting of the BoA scheduled to be held on 25.09.2020

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Agenda for the 100th meeting of the Board of Approval to be held on 25th September, 2020 at 11:30 A.M. through VC from Room No. 141, Udyog Bhawan, New Delhi

Item no. 100.1 Confirmation of the minutes of the 99th meeting of the Board of Approval for SEZs held on 31st July, 2020.

BoA approved an agenda point no.99.6(ii) regarding cancellation of Letter of Approval granted to co-developer namely M/s Artha Builders LLP in M/s Artha Infratech Pvt. Ltd.SEZ at Plot no. 21, Sector –Techzone-IV, Greater Noida (UP) for providing infrastructure facilities on the ground that as per General Clauses Act, the powers to make also includes power to terminate. DGEP vide their OM dated 18.08.2020 has stated that DoR does not concur in this and SEZ Act needs to be amended to provide for cancellation of LoA of co-developer as law cannot work on precedents. The issue has been referred to DoLA for their opinion.

100.2 Extension of Formal Approval to developer (Four proposals)

BoA in its meeting held on 14th September, 2012, while examining such proposals observed as under: -

“The Board advised the Development Commissioners to recommend the requests for extension of formal approval beyond 5th year and onwards only after satisfying that the developer has taken sufficient steps towards operationalisation of the project and further extension is based on justifiable reasons. Board also observed that extensions may not be granted as a matter of routine unless some progress has been made on ground by the developers.

and further extension is based on justifiable reasons. Board also observed that extensions may not be granted as a matter of routine 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 year for a period of 6 months from the date of expiry of last extension”.

Item no. 100.2 (i) Request of M/s Manipur IT SEZ Project Development Company Limited (MIPDCO) for further extension of the validity period of the formal approval granted for setting up a Sector Specific SEZ for IT/ITES SEZ at Imphal, Manipur over an area of 10.85 hectares beyond 29.10.2017.

LoA issued on : 29.10.2013 Date of notification : 26.02.2014 Validity of LoA expired on : 29.10.2017

Present progress:

Construction of 1st building of IT SEZ building no.1 with 1.38 lakhs sq.ft. (inclusive of parking) is being taken up by State PWD Manipur and is envisaged to be completed shortly.
(A). Structural glazing, Door and Windows, Tile Flooring, ceiling, water supply and sanitary works, finishing items, electrical installations, etc. are to be taken up.

o be completed shortly. 2. (A). Structural glazing, Door and Windows, Tile Flooring, ceiling, water supply and sanitary works, finishing items, electrical installations, etc. are to be taken up. (B) Approach Road having a standard 4 lane road with central median (width of 2.0 mts) alongwith a provision of footpath and drain from the National Highway to the IT-SEZ main campus at Mantripukhri, Imphal is also under consideration.

Reason for delay:

IT-SEZ building and approach road having a standard 4 lane road from the National Highway to the IT-SEZ main campus at Mantripukhri, Imphal are under construction and is envisaged to be completed shortly.
One of the main objectives of “Act East” Policy was to strengthen Information Technology and ensure strategic cooperation with the Southeast Asia, for which North Eastern region serves as the gateway. In the context of emerging relations of India with South East Asia, role of the North Eastern Region is inevitable and it would be a pivot of overall “Act East” Policy. So, the IT SEZ, Imphal will play an important role to fulfil the objective, by providing office space to the IT Industry & IT Entrepreneurs.
Change in Government which had led to complete stoppage of the works resulting in non- completion of the first building approach road and further works of the processing zone.
Absence of a suitable agency to guide and handhold the Government in creating a substantive plan for setting up and operationalization of the IT-SEZ. The Chief Secretary, Govt.

processing zone. 4. Absence of a suitable agency to guide and handhold the Government in creating a substantive plan for setting up and operationalization of the IT-SEZ. The Chief Secretary, Govt. of Manipur vide DO dated 20.08.2020 has informed that due to non availability of requisite funds for creating infrastructure for the processing zone due to winding- up of the erstwhile Planning Commission as well as the manpower for manning MIPDCO Ltd., the Special Purpose Vehicle (SPV) to establish, operate and manage the Manipur IT-SEZ, the compliances required could not be maintained and this resulted in lapse of the IT SEZ validity. It has further been informed that DIT, Manipur has recently engaged a Project Management Consultant (PMC) to oversee the execution, implementation and sustenance for the IT-SEZ project.

Details of investments made so far and the total projected invested:

a. The erstwhile Planning Commission had provided about Rs.89 cr and the State had provided a State share of about Rs.2.00 cr out of which about Rs.70 cr has been utilized towards construction of the first building and approach road. The building is likely to be completed and commissioned within next 10-12 months. b. The Government of Manipur has taken a decision to start Electronics Assembling in the IT- SEZ and a sum of Rs.10.00 cr has been deposited with Manipur Police Housing Corporation for establishment of an Electronic Assembling Shed of about Rs.10,000 sq. ft. with four clean rooms for assembling of sensitive electronics items.

deposited with Manipur Police Housing Corporation for establishment of an Electronic Assembling Shed of about Rs.10,000 sq. ft. with four clean rooms for assembling of sensitive electronics items. The shed is likely to be completed by December 2020. c. The projected cost of investment in the IT-SEZ is envisaged at Rs. 400 cr for processing zone and Rs.600 cr for the non-processing zone in PPP mode. d. Proposal for funding of about Rs.400 cr for establishment of the processing zone infrastructure has been submitted to 15th Finance Commission and also to Department of Electronic Affair (DEA) for assistance from WB/ADB. Funding for the non-processing zone is expected from Private Partners in PPP mode.

Rule position :

Rule 6(2)(a) The letter of approval of a Developer granted under clause (a) of sub-rule (1) shall be valid for a period of three years within which time at least one unit has commenced production

and the Special Economic Zone becomes operational from the date of commencement of such production: Provided that the Board may, on an application by the Developer or the Co-developer, as the case may be, for reasons to be recorded in writing extend the validity period: Provided further that the Developer or Co-developer, as the case may be, shall submit the application in Form C1 to the concerned Development Commissioner as specified in Annexure III, who, within a period of fifteen days, shall forward it to the Board with his recommendations.

bmit the application in Form C1 to the concerned Development Commissioner as specified in Annexure III, who, within a period of fifteen days, shall forward it to the Board with his recommendations.

Recommendation of DC, FSEZ:-

        DC has recommended the extension of Formal Approval of SEZ upto 19.10.2025, as

requested by the developer after condoning the intermittent period as this is the only IT/ITES SEZ in the North Eastern Region.

        The proposal is placed before BoA for consideration.

Item no. 100.2(ii) Request of M/s. Mikado Realtors Pvt. Ltd. for further extension of the validity of formal approval, granted for setting up of IT/ITES SEZ at Village Behrampur, Gurgaon (Haryana) beyond 29.10.2020.

Name of the developer : M/s. Mikado Realtors Pvt. Ltd. Sector : Electronic Hardware, IT/ITES Location : Village Behrampur, Distt- Gurugram (Haryana) Extension : After revival of LOA, BoA had granted three extensions in the validity period of LOA upto 29.10.2020. Now, the developer has submitted request for LOA extension upto 29.10.2021.

Present Progress:

(a) Details of business plan:- S. No. Type of Cost Proposed Investment (Rs. in Crore) 1 Land Cost 44.91 2 Construction Cost 984.60 3 Plant & Machinery 130.00 4 Other Overheads 435.10 Total: 1594.61

(b) Investment made so far & incremental investment since last extens ion:- S. No.Type of Cost Total Investment made so far (Rs. in Crore) Incremental investment si nce last extension (Rs.

94.61

(b) Investment made so far & incremental investment since last extens ion:- S. No.Type of Cost Total Investment made so far (Rs. in Crore) Incremental investment si nce last extension (Rs. in Crore) 1 Land Cost 44.91

2 Material Procureme nt 14.63 14.19 3 Service Cost 378.62 127.30 4 Other Overheads 127.90 89.83

Total: 566.06 231.32

S. No. Authorised activity % completion as on date % completion during last one year Deadline for completion of balance work 1 Phase 1A – Two Tower

Tower – 1 90% 25% Dec, 2020

Tower – 2 72% 24% March, 2021

Common Basement 85% 25% March, 2021

The developer has also enclosed Development Plan of Phase-1 as given below:- S. No. Project Milestone Area % 1 Sub-Structure (Combined for Tower 1 – 4) Foundation Work

100% Basement 3 332458 Sqft. 100% Basement 2 314169 Sqft. 100% Basement 1 357160 Sqft. 88% 2 Super-Structure

Tower-1 Structure 459739 Sqft. 100% Common Area Finishing

77% Services Work 87% Tower-2 Structure 459739 Sqft. 99% Common Area Finishing

49% Services Work

64% Tower-3 Structure 459739 Sqft. 49% Tower-4 Structure 459739 Sqft. 60% Investment Plan S. No. Year (Rs. in Crore) Remarks 1 2020-21 184 April 20 to March 21 2 2021-22 90 April 21 to March 22 3 2022-23 80 April 22 to March 23

Reasons for seeking extension:

The developer has stated that work delayed due to ban on construction activities in Delhi NCR imposed by Hon’ble Supreme Court from November 4, 2019 to December 8, 2019.

s for seeking extension:

The developer has stated that work delayed due to ban on construction activities in Delhi NCR imposed by Hon’ble Supreme Court from November 4, 2019 to December 8, 2019. On December 9, 2019 the ban was lifted partially and construction activities were allowed between 6 am to 6 pm only. Further during COVID-19 Pandemic, construction activities were shut down completely from 23.03.2020. They resumed construction activities after obtaining necessary approvals from the concerned authorities on 24.04.2020 with Single Shift and limited labourers as per SOPs issued by the MHA & DC, Gurugram. The developer has further mentioned that as on date construction at SEZ site is in full swing. They have recently received Fire NOC and plan to apply for grant of Occupancy Certificate for Tower-1 by September, 2020. The developer has submitted certificate dated 22.07.2020 of Chartered Engineer showing total built up area constructed so far as 233001 Sqmt.. Hence, requirement of minimum built up area (50000 Sqmt. in case of IT/ITES SEZ) within a period of ten years from the date of notification in terms of Rule 5(7) of SEZ Rules, 2006, has been complied with. The developer has also submitted a CA certificate dated 23.07.2020 showing total investment of Rs.566.06 crores made upto 30.06.2020.

terms of Rule 5(7) of SEZ Rules, 2006, has been complied with. The developer has also submitted a CA certificate dated 23.07.2020 showing total investment of Rs.566.06 crores made upto 30.06.2020.

Recommendation by DC:

Keeping in view the incremental investment of Rs.231.32 cr and total investment of Rs. 566.06 cr made so far, physical progress made till date, completion of the construction of more than minimum prescribed built up area, the proposal is recommended for extension in the validity of LoA dated 30.10.2008 granted by DoC to M/s Mikado Realtors Pvt. Ltd. for setting up of Electronic Hardware, IT/ITES SEZ at Village Behrampur, District Gurgaon, Haryana for a period of one year i.e. upto 29.10.2021, in terms of Rule 6(2) of the SEZ Rules, 2006.

The request is placed before BoA for its consideration.

100.2 (iii) Request of M/s. Gopalan Enterprises (India) Private Limited (Fortune City) for extension of the validity period of formal approval, granted for setting up of IT/ITES SEZ at Mahadevapura & Kaggadaspura, K.R. Puram, Whitefield, Bangalore, Karnataka from 03.07.2020 to 02.07.2021.

Name of the developer: M/s. Gopalan Enterprises (India) Private Limited Sector : IT/ITES SEZ Location : Mahadevapura & Kaggadaspura, K.R. Puram, Whitefield, Bangalore, Karnataka State.

Extension: Formal approval to the developer was granted on 03.07.2007 and the SEZ was notified on 04.05.2009.

Mahadevapura & Kaggadaspura, K.R. Puram, Whitefield, Bangalore, Karnataka State.

Extension: Formal approval to the developer was granted on 03.07.2007 and the SEZ was notified on 04.05.2009. The developer has been granted nine extensions and last extension of validity period of LoA was valid up to 02.07.2020. The developer has requested for approval for extension of validity of their LoA for a period from 03.07.2020 to 02.07.2023.

Implementation Status/Schedule: The implementation status and schedule is given below:

(a) Details of business plan:-

S. No. Type of cost Proposed Investment (Rs. in crores) 1 Land cost 14.62 2 Construction cost 1240.00

Total 1254.62

(b) Incremental investment since last extension:-

S. No. Type of cost Total investment made so far (Rs. In lakhs) upto as on date Incremental investment (Rs. In lakhs) since last extension 1 Land cost 1462.63

2 Material procurement 53.11 45.61 3 Construction 3907.71 1454.92

Total 5423.45 1500.53

S. No. Authorised Activity % completion (till date) % Completion during last one year Deadline for completion of balance work 1 Construction of built up area (proposed area 5,72,500 sq.mt. for 5 blocks, out of which they are presently constructing 2 5%12107 sq. mt 4 % 11985 sq.mt 02.07.2023

completion of balance work 1 Construction of built up area (proposed area 5,72,500 sq.mt. for 5 blocks, out of which they are presently constructing 2 5%12107 sq. mt 4 % 11985 sq.mt 02.07.2023

blocks measuring built up area of 2,42,140 sq.mtr) 2 Development of other infrastructure (Specify)

--

3 Procurement of machinery 5.05% 5.05% 02.07.2023

Details of investments by SEZ: The developer has submitted investment details proposed to be made in the whole project. Out of the total proposed investment of Rs. 125462.63 lakhs, the developer has invested Rs. 5423.45 lakhs in the project.

Reasons for the delay:

The developer could not start the construction of the building due to changes in policies and guidelines of National Green Tribunal. The NGT issued revised guidelines in its order dated 04.05.2016. Accordingly, the Government of Karnataka also issued revised guidelines relating to the area to be reserved for open space and garden. After obtaining clearance of BBMP (Bruhat Bangaluru Mahanagara Palike), the developer has started the construction immediately. For the above reasons they were given extension of LoA from 03.07.2017 to 02.07.2020 and the work was resumed. However, the outbreak of COVID-19 resulting in frequent State and National lockdowns, hampered the supply of material and procurement. The migration of labour became major problem because of which they could not go ahead with the construction.

frequent State and National lockdowns, hampered the supply of material and procurement. The migration of labour became major problem because of which they could not go ahead with the construction. The developer stated that they are trying their level best to complete the project and are hopeful of completing their 1st Phase of the building within a period of 3 years.

Recommendation by DC, CSEZ:

The developer, being one of the top developers in Karnataka, is keen to develop this project and has already invested Rs. 5423.45 lakhs in the project. The developer has already developed more than 3 million sq.ft. area in Gopalan Global Axis, SEZ at Whitefield, Bangalore with annual turnover of approx.. Rs. 6300 crores. The developer is also developing another project at Mysore of more than 4.5 million sq.ft. area. The pandemic Covid-19 has hampered the construction work in the project. The proposal of M/s. Gopalan Enterprises (India) Private Limited (Fortune City), for extension of LoA for another one year i.e. from 03.07.2020 up to 02.07.2021 (10th year) is recommended.

The request is placed before BOA for its consideration.

100.2(iv) Request of M/s. Rudradev Township Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Solankurunai village, Madurai, Tamil Nadu, beyond 31.07.2018.

Name of the developer : M/s.

d of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Solankurunai village, Madurai, Tamil Nadu, beyond 31.07.2018.

Name of the developer : M/s. Rudradev Township Private Limited Sector : IT/ITES

Location : Solankurunai village, Madurai, Tamil Nadu

Extension : Formal approval to the developer was granted on 26thJuly, 2007. The developer has been granted eight extensions, validity period of which was upto 31st July, 2018.The developer has requested for further extension for 4 years upto 31stJuly, 2022. The SEZ stands notified as on date.

a. Details of Business Plan: S. No. Type of Cost Proposed investment (Rs. In crores) 1 Land Cost 10.00 2 Construction cost 325.00 3 Plant & Machinery 295.00 4 Other overheads 20.00

Total 650.00

b. Incremental investment since last extension: S. No. Type of cost Total investment made so far (Rs. In crores) Incremental investment since last extension (Rs. In crores 1 Land cost 12.48 0.39 2 Material procurement 58.02 1.28 3 Service cost 10.15 0.21 4 Other overheads 0.76 0.16

Total 81.41 2.04

on (Rs. In crores 1 Land cost 12.48 0.39 2 Material procurement 58.02 1.28 3 Service cost 10.15 0.21 4 Other overheads 0.76 0.16

Total 81.41 2.04

(c) Details of physical progress till date: S. No. Authorised activity % completion as on date % completing during last one year Deadline for completion of balance work 1 Roads 45 5 30.09.2021 2 Build up processing area 40 2 31.03.2022 3 Electrical works 8 3 31.03.2022 4 Tele-communications

-- 31.03.2022 5 Air conditioning & others

31.03.2022

        The developer has been issued NOC by Airport Authority of India on 24.11.2018. As per

the submissions of the developer, due to recession by 2011 the companies were keen on cutting costs and hence IT industry could not grow on the expected lines in Madurai. They had financial problems and bank/financial institutions are not interested in funding for the SEZ projects as they have categorized the industry as real estate. That now because of the measures taken by the authorities and an improvement in economy they were receiving some good enquiries during the year 2018 for IT space in smaller lots as most of the IT companies were looking to set up their branches in Tier II cities to reduce their costs. Recommendation by DC, MEPZ: The developer has informed that they have completed 40% of their construction activities as on date. Hence the developer has requested for extension of LoA upto 31.07.2022 for completion of the remaining work. In view of the above, the proposal of M/s.

of their construction activities as on date. Hence the developer has requested for extension of LoA upto 31.07.2022 for completion of the remaining work. In view of the above, the proposal of M/s. Rudradev Township Private Limited for extension of LoA up to 31.07.22 is recommended for consideration in the BoA meeting.

The request is placed before BOA for its consideration.

100.3 Requests for extension of LoAs of units (three proposals)  As per Rule 18(1) of the SEZ Rules, the Approval Committee may approve or reject a proposal for setting up of Unit in a Special Economic Zone.  Cases for consideration of extension of Letter of Permission (LoP)s i.r.o units in SEZs are governed by Rule 19(4) of SEZ Rules.  Rule 19(4) states that an LoP shall be valid for one year. First Proviso grants power to DCs for extending the LoP not exceeding 2 years. Second Proviso grants further power to DCs for extending the LoP for one more year but subject to the condition that two- thirds of activities including construction, relating to the setting up of the Unit is complete and a Chartered Engineer’s certificate to this effect is submitted by the entrepreneur.  Extensions beyond 3rd year are granted by BoA.  BoA can extend the validity for a period of one year at a time.  There is no time limit up to which the Board can extend the validity.
Item No. 100.3(i) Request of M/s Ananth Technologies Pvt. Ltd, a unit in M/s.

validity for a period of one year at a time.  There is no time limit up to which the Board can extend the validity.
Item No. 100.3(i) Request of M/s Ananth Technologies Pvt. Ltd, a unit in M/s. TSIIC Limited, SEZ at Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District, Telangana for Precision Engineering for extension of Letter of Approval (LOA) beyond 15.9.2020 for one year upto 15.9.2021.  LoA issued on : 16.9.2016  Nature of Business : Manufacture and export of “Digital Systems for use in Aerospace activity.  Number of Extensions : 3 by DC VSEZ upto 15.09.2020  Last Extension valid upto : 15.9.2020  Request : For further extension for one year upto 15.09.2021 (a) Details of Business Plan S. No Type of cost Proposed Investment (Rs. in cr) 1 Cost of land 6.21 2 a. Buildings & Infrastructure development b. Plant & Machinery cost in the integrated aerospace plant (Imported & Indigenous) 16.65 30.29

Total 53.15

(b) Incremental Investment made so far and incremental investment since last extension:

S. No. Type of Cost Total Investment mad e so far (Rs. in crores) Incremental investment sinc e last extension (Rs. in crore) 1 Land cost 6.21

2 Buildings & Infrastructur e development purpose 13.65 1.86

Total 19.86 1.86

vestment mad e so far (Rs. in crores) Incremental investment sinc e last extension (Rs. in crore) 1 Land cost 6.21

2 Buildings & Infrastructur e development purpose 13.65 1.86

Total 19.86 1.86

(c) Details of physical progress till date:-
S. No. Authorized activity % completion % completion during last one year 1 Construction of integration building (G+1st Floor) under progress) 60 35 2 Infrastructure development activities like roads, compound wall etc 25 20

Detailed reasons for delay:

The construction could not be completed due to lockdown and shortage of manpower on account of Covid-19. The entire work will be completed by end of March, 2021 and will commence the production in the month of April, 2021.

Recommendation by DC, VSEZ:

Keeping in view the lock down conditions & migration of labourers during lockdown, the works could not be completed. Hence, extension for operationalisation of the unit be approved & LoA be extended upto 15.09.2021 being 4th extension. Recommended.

The request is placed before BoA for its consideration. Item no.100.3(ii) Request of M/s. JBF Petrochemicals Limited, a unit in Mangalore SEZ, Karnataka for extension of LoA beyond 15th September, 2020. LoP issued : 16th September, 2011.

Nature of Business of the unit : Manufacture and export of Purified Terephthalic Acid (PTA) & Poly Ethylene Terephthate (PET)

No.

: 16th September, 2011.

Nature of Business of the unit : Manufacture and export of Purified Terephthalic Acid (PTA) & Poly Ethylene Terephthate (PET)

No. of Extensions : 7 extensions (8 years) up to 15thSeptember, 2020

Request : For further extension for one year upto15.09.2021

Progress of project from last LoA extension: a. Progress in terms of completion of work:- S. No. Description of activity Status on last LoA date Current status 1. Engineering 100% 100% 2. Procurement 99.9% 99.9% 3. Construction 98.7% 98.7%

Overall 99.6% 99.6%

   It is observed that the status of completion of work is the same as during the last application.

b. Progress in terms of investment made: The unit has invested Rs. 6331 crores so far. The unit is now expecting further investment of Rs. 540 crore from investor, M/s. Citax Energy Limited to complete/commission the plant. The break-up of investment made by the unit is as follows:-

The unit is now expecting further investment of Rs. 540 crore from investor, M/s. Citax Energy Limited to complete/commission the plant. The break-up of investment made by the unit is as follows:-

Break-up of cost incurred during last LoA extension to this LoA extension application (in crore) S. No. Particulars Last LoA During the period Current LoA 1. Salaries & wages 62.78 12.56 75.34 2. Staff welfare expenses 0.98 0.07 1.05 3. Other expenses:

3.1 Tangible Fixed Assets (Incl. material and civil work) 3,530.34 -0.51 3,529.83 3.2 Intangible Fixed Assets (Software License) 1.3

1.3 3.3 Technology, License & Construction Related Fees 545 0.05 545.05 3.4 Legal & Professional Fees and Guarantee Commission 293.22

293.22 3.5 Miscellaneous expenses (Power, Diesel, Admin exp., Rent, Travel) 300.65 70.12 370.77 3.6 Borrowing cost (interest) 947.79 258.57 1,206.36 3.7 Foreign Exch. Fluctuation 148.02

148.02 3.8 Fixed Assets 160.12 0.01 160.13

Total 5990.19 340.87 6331.06

c. Some achievements

S. No. Package Target Completion ISBL 1. ISBL-PTA Unit mechanical completion Mechanical completion over 2. Commissioning trials Commissioning trials of individual equipment’s finished OSBL 1. Nitrogen PSA Commissioned

FW System Commissioned

6 Nos of bagging machine Ready for trial run 4. Cooling water system Commissioned 5. Insulation & Paining Completed

Commercial production 30.06.2021

Completion of work:

mmissioned

6 Nos of bagging machine Ready for trial run 4. Cooling water system Commissioned 5. Insulation & Paining Completed

Commercial production 30.06.2021

Completion of work:

S. No. Package Target Completed 1. Solo run of process air compressor Completed 2. Commissioning of oxidation system Completed 3. Commissioning of vent gas system Completed 4. Commissioning PTA feed & Filtration system Completed 5. Commissioning of bagging system Completed 6. Final commissioning i.e. PX cut-in Waiting for funds from investor to start

DC, CSEZ has informed that the investor has completed the due diligence required for the acquisition of loan and equity from the lenders. They are also ready with their proposal to take control of the company through an SPV. It is their firm belief that the proposal should be attractive to the lenders considering the current status of the project and further requirements. They have further informed that the transaction could be completed in a time of 4 to 6 months. The unit is expected to start commercial production by the end June 2021.

t and further requirements. They have further informed that the transaction could be completed in a time of 4 to 6 months. The unit is expected to start commercial production by the end June 2021.

Reason for delay in implementation of the project :

i. The unit has faced excessive delay in supply of some imported and indigenous equipments/machineries. The equipment like titanium cladded Distillation Columns from L&T were delayed because of IR problems (strike) to the tune of over 6 months. The erection of the same was further delayed due to monsoon. ii. The reactor which is the heart of the mother plant was delayed by TSM of South Korea by over six months as company became sick and closed down their operations. After the delay TSM supplied the reactor. iii. Strike by their own employees recruited under ‘Project Disposed Family’ scheme by Govt. of Karnataka to the tune of two months. iv. Delay in release of payment by bankers/consortium. The BoA in its 91st meeting held on 06.08.2019 while extending the LoA of the unit was informed that the company is facing proceedings in NCLT for bankruptcy. Accordingly, the Board had directed that the interest of the Union of India should be carefully projected and protected before NCLT. As informed by the DC, the matter has already been taken with the Assistant Solicitor General of India, High Court of Gujarat for taking necessary steps in the NCLT.

Recommendation by DC, CSEZ:-

Although JBF has made substantial investment of Rs.

with the Assistant Solicitor General of India, High Court of Gujarat for taking necessary steps in the NCLT.

Recommendation by DC, CSEZ:-

Although JBF has made substantial investment of Rs. 6331 crore in setting up the unit, it is understood that despite the seven extensions (8 years) already given to the unit, the financial stress of the unit is still continuing and the unit is still not in a position to commence production. However, the firm commitment from the investor, M/s. Citax Energy Limited, is a positive step in the matter of finally making the unit operational.

In view of the above, the request of the unit for extension of LoA upto 15th September, 2021 may please be considered favourably.

The request is placed before BoA for its consideration.
100.3(iii) Request of M/s. Nissi Engineering Solutions Pvt. Ltd., a unit in AMRL Hi Tech City Ltd, Multi Product SEZ, Nanguneri, Tirunelveli District, Tamil Nadu for extension of Letter of Approval (LOA) from 31.07.2020 to 31.12.2021.  LOA issued on (date) : 31.7.2017  Nature of business of the Unit : Service Activity  No of Extensions : 3 by DC, MEPZ SEZ.  LOA valid upto (date) : 30.07.2020  Request : For further extension from 31.07.2020 to 31.12.2021 (17 months) Present Progress: a) Details of Business Plan:-
S.No Type of cost Proposed (₹ In lakh) 1 Investment ₹ 206.00 lakh 2 Plant & Machinery ₹ 366.00 lakh 3 Raw Material ₹ 50.00 lakh 4 FOB Value of Export ₹ 1175.00 lakh

of Business Plan:-
S.No Type of cost Proposed (₹ In lakh) 1 Investment ₹ 206.00 lakh 2 Plant & Machinery ₹ 366.00 lakh 3 Raw Material ₹ 50.00 lakh 4 FOB Value of Export ₹ 1175.00 lakh

5 FE Outgo ₹ 460.00 lakh 6 NFEE ₹ 715.00 lakh

b) Incremental investment since last extension :-
S.No Type of cost Total Investment made so far (₹ In lakh) up to Incremental investment (₹ In lakh) since last extension 1 Land ₹ 53.34 lakh ₹ 0.00 lakh (Additional)

Total ₹ 53.34 lakh ₹ 0.00 lakh (Additional)

c) Details of physical progress till date:-
S.No Authorized activity % completion % completion during last one year Deadline for completion of balance work 1 Infra structure 0.00 0.00 Proposed as 6 months from date of DTCP approval

Detailed Reasons for delay:

The reason submitted by the unit for not starting their activities are as under: 1. Tried to apply for permission over single window system from Aug 2018 and not able to apply due to lots of bugs in the website. 2. Consequently applied for building approval directly to Directorate of Town & Country Planning on Nov 2019 and till date, the approval from the DTCP was not received. 3. Also applied for NOC at District Office (Fire& Safety), Tirunelveli. 4. Since they are not got the building approval from the DTCP, they are not able to take up their construction activities for starting their business. Recommendation by DC, MEPZ:

The Development Commissioner, MEPZ SEZ has recommended the request of extension of LOA for the period from 31.07.2020 to 31.12.2021.

ies for starting their business. Recommendation by DC, MEPZ:

The Development Commissioner, MEPZ SEZ has recommended the request of extension of LOA for the period from 31.07.2020 to 31.12.2021.

The request is placed before BOA for its consideration.

100.4 Request for change of name/shareholding pattern/merger-demerger (seven proposals)

In terms of DoC’s Instruction No. 89 dated 17.05.2018, re-organization in respect of developer and co-developer including change in shareholding pattern, business transfer arrangements, court approved mergers and de-mergers in case of developer/co-developer etc. are to be undertaken by the Board of Approval.

Item no. 100.4(i) Request for change of Developer of M/s L&T Shipbuilding SEZ at Kattupalli, Tiruvallur, Tamil Nadu in view of merger of M/s. L&T Shipbuilding Limited with M/s. Larsen & Toubro Limited at Kattupalli, Tiruvallur, Tamil Nadu.

M/s. L&T Shipbuilding Limited is the developer of L&T Shipbuilding SEZ, a sector specific SEZ for Heavy Engineering at Kattupalli Village, Ennore, Tiruvallur District, Tamil Nadu and was granted formal approval on 27.02.2009. M/s. L&T Shipbuilding Limited has requested for change of the Developer of SEZ to M/s. Larsen & Toubro Limited in view of the merger of M/s. L&T Shipbuilding with M/s. Larsen & Toubro Limited. As informed by the DC, the Scheme of Merger has been approved by the Hon’ble National Company Law Tribunal, Chennai Bench on 10th March, 2020 and by the Hon’ble National Company Law Tribunal, Mumbai Bench on 24th April, 2020.

M/s.

Merger has been approved by the Hon’ble National Company Law Tribunal, Chennai Bench on 10th March, 2020 and by the Hon’ble National Company Law Tribunal, Mumbai Bench on 24th April, 2020.

M/s. Larsen & Toubro Limited has submitted an Undertaking to take over all the Assets and Liabilities of M/s. L&T Shipbuilding Limited in view of the merger, to maintain seamless continuity of the SEZ activities under formal approval with unaltered responsibilities and obligations, fulfil all the eligibility criteria applicable to developer including security clearances etc. Resultantly, there will also be change in name of the developer accordingly.

M/s. Larsen & Toubro limited has submitted Certificate of Incorporation, Memorandum & Articles of Association, copies of IT Returns for the last 3 years, list of Directors, shareholding pattern, Copy of PAN & IEC etc. DC, MEPZ has affirmed that all the documents have been verified by their office. Further, an undertaking to fulfil all eligibility criteria applicable to developers including security clearance etc. has been submitted by M/s Larsen & Toubro Ltd.

Relevant provision of SEZ Act, 2005 and Rules, 2006

There is no specific provision in the SEZ Act, 2005 and SEZ Rules, 2006 for change of Developer of SEZ. However, DoC’s Instruction No.

td.

Relevant provision of SEZ Act, 2005 and Rules, 2006

There is no specific provision in the SEZ Act, 2005 and SEZ Rules, 2006 for change of Developer of SEZ. However, DoC’s Instruction No. 89 dated 17.05.2018 provides that where a SEZ Developer continues to operate as a going concern basis post a Court approved merger and where the incoming entrepreneur also takes over all the Assets and Liabilities of the SEZ Developer, such cases are to be placed before the Board of Approval for consideration.

  Recommendation by DC, MEPZ:

The proposal of M/s. L&T Shipbuilding Limited for change of Developer of L&T Shipbuilding SEZ from M/s. L&T Shipbuilding Limited to M/s. Larsen & Toubro Limited in view of the merger of the Companies is recommended for consideration by BoA.

   The request is placed before BOA for its consideration.

100.4(ii) Proposal of M/s. Candor Kolkata One Hi-Tech Structures Pvt. Ltd., a sector specific SEZ for IT/ITES at Plot No. 1, Block No. DH, Street No. 316, New Town, Rajarhat, Kolkata for change in shareholding pattern of the Company.

M/s. Candor Kolkata One Hi-Tech Structures Pvt. Ltd. (referred to as K1) was granted formal approval on 23.05.2007 for setting up of IT/ITES SEZ. The SEZ was notified on 28.11.2007, over an area of 19.58 hectares. Presently 20 units are operating from the SEZ.

Details of existing and proposed shareholding pattern of the company is given below:-

was notified on 28.11.2007, over an area of 19.58 hectares. Presently 20 units are operating from the SEZ.

Details of existing and proposed shareholding pattern of the company is given below:-

Current shareholding pattern of Candor Kolkata One Hi-Tech Structures Pvt. Ltd. Proposed shareholding pattern of Candor Kolkata One Hi-Tech Structures Pvt. Ltd. Name of shareholder No. of equity shares % of shareholding (approx..) Name of shareholder No. of equity shares % of shareholding (approx..) BSREP India Office Holdings V Pte. Ltd. 58, 504 99.970BSREP India Office Holdings V Pte. Ltd. 58, 504 99.970 BSREP Moon C.I.L.P 3 0.005BSREP India Office Holdings V Pte. Ltd. 18 0.030 BSREP Moon C2 L.P 3 0.005

BSREP Moon C3 L.P. 3 0.005

BSREP Moon C4 L.P. 3 0.005

BSREP Moon C5 L.P. 3 0.005

BSREP Moon C6 L.P. 3 0.005

Total 58,522 100%

Name of debenture holder No. of Compulsorily Convertible Debentures (CCDs) %holding of CCDs (apprx.) Name of debenture holder No. of CCDs %holding of CCDs (apprx.) BSREP India Office Holdings V Pte. Ltd. 1,024 2.199BSREP India Office Holdings V Pte. Ltd. 1,024 2.199 BSREP India Office Holdings III Pte. Ltd. 45,535 97.801BSREP India Holdings III Pte.

BSREP India Office Holdings V Pte. Ltd. 1,024 2.199BSREP India Office Holdings V Pte. Ltd. 1,024 2.199 BSREP India Office Holdings III Pte. Ltd. 45,535 97.801BSREP India Holdings III Pte. Ltd. 45,535 97.801 Total 46,559 100%Total 46,559 100%

Reasons for change in shareholdings:-

The Brookefield group now proposes to set up a real estate investment trust namely Brookfield India Real Estate Trust (Brookfield REIT), which Brookfield REIT is in process of being registered with the Securities and Exchange Board of India under the provisions of Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014. It is further proposed that the Brookfield REIT (together with its nominees) will acquire the entire shareholding of K1 from its shareholders mentioned above, and in exchange for such acquisition, the Brookfield REIT will allot its units to the selling shareholders of K1.

Furthermore, as on the date of this application, K1 has issued CCDs and it is proposed that: i. Out of the said CCDs 1024 CCDs will be converted into equivalent equity shares of K1 and the Brookfield REIT will then acquire such converted equity share of K1 from BSREP India Office Holdings V Pte. Ltd. and ii. Brookfield REIT will acquire remaining 45,535 CCDs as it is from BSREP India Office Holdings III Pte. Ltd. Accordingly, the proposed shareholding pattern of K1 pursuant to such acquisition by the Brookfield REIT is set out below:-

ing 45,535 CCDs as it is from BSREP India Office Holdings III Pte. Ltd. Accordingly, the proposed shareholding pattern of K1 pursuant to such acquisition by the Brookfield REIT is set out below:-

Name of the shareholder No. of equity shares held No. of CCDs % of shareholding Brookfield India Real Estate Trust (together with its nominees) 59,546 45,535 100

        As informed by DC, FSEZ, K1 declares, undertakes and confirms that there will be seamless

continuity of the SEZ activities on the K1 SEZ Land and compliance with the responsibilities and obligations of the K1 as per applicable law.

Recommendation by DC, FSEZ

DC, FSEZ has recommended the proposal.

The request is placed before BoA for its consideration.

100.4 (iii) Proposal of M/s NIIT Technologies Limited, Developer of IT/ITES SEZ at Plot No. TZ-02& 2A, Techzone, Gr. Noida (Uttar Pradesh) for change of name of the company to “COFORGE Limited”.

NIIT Technologies Ltd. had been granted Letter of Approval for setting up of IT/ITES SEZ at Plot No. TZ-02& 2A, Techzone, Gr. Noida (Uttar Pradesh) on 24.08.2006. The SEZ was notified over an area of 10.20 ha on 29.05.2007. The SEZ is operational w.e.f. 30.06.2011 and presently four units of NIIT Technologies are operating from this SEZ.

desh) on 24.08.2006. The SEZ was notified over an area of 10.20 ha on 29.05.2007. The SEZ is operational w.e.f. 30.06.2011 and presently four units of NIIT Technologies are operating from this SEZ.

        DC, NSEZ has informed that the developer has submitted proposal for change of name of

the company to ‘COFORGE Limited’ pursuant to the Share Purchase Agreement entered between Hulst B.V., the company is required to relinquish the licensed Brand ‘NIIT’ after expiry of 18 months from the closing date i.e. up to November 16, 2020. The Certificate of Incorporation dated 03.08.2020 pursuant to the change of name has also been provided. An undertaking has been provided by COFORGE Ltd to the effect that there is no acquisition, merger or change in the control of the company and post name change all the assets and liabilities of NIIT Technologies Ltd under LoA dated 24.08.2006 shall be taken over by COFORGE Limited. There is no change in directors.

        Developer has also submitted CA Certified details of shareholding pattern of the company

as on 31.07.2020 and as on 07.08.2020, as given below:-

Shareholding pattern As on 31.07.2020 As on 07.08.2020 Name of shareholder No. of shares held % share No.

reholding pattern of the company as on 31.07.2020 and as on 07.08.2020, as given below:-

Shareholding pattern As on 31.07.2020 As on 07.08.2020 Name of shareholder No. of shares held % share No. of shares held % share Individuals, Corporates & others 54,72,408 9.03% 54,30,656 8.97% FII & FPI 83,80,160 13.83% 84,16,979 13.89% Financial Institutions & Mutual Funds 36,89,237 6.10% 36,98,460 6.10% OCB & NRI 4,62,504 0.76% 4,58,214 0.76% Promoter- HULST B.V., Netherland 4,25,71,260 70.28% 4,25,71,260 70.28% Total: 6,05,75,569 100.00% 6,05,75,569 100.00%

        The Board of Approval in its meeting held on 03.10.2019 had approved following

shareholding pattern of the company, as on 30.08.2019:-

Name of shareholder No. of shares held % share Individuals, Corporates & others 5131943 8.222% FIIs & FPI 10046984 16.096% Financial Institutions & Mutual Funds 3098548 4.964% OCB & NRI 420054 0.673% HULST B.V., Netherland 43720385 70.045% Total: 62417914 100.00%

        As regards, changes in shareholding pattern, the developer has clarified that the Company is

a public limited listed company whose shares are traded on National Stock Exchange and Bombay Stock Exchange. Being freely tradeable securities, the share are traded everyday on these Exchanges. The shareholder base is of around 40,000 shareholders.

Recommendations of DC, NSEZ:

        The proposal of NIIT Technologies Ltd., SEZ Developer for change of name to

‘COFORGE Limited’ and changes in shareholding pattern, is forwarded for consideration by BoA, in terms of Instruction No.

The proposal of NIIT Technologies Ltd., SEZ Developer for change of name to ‘COFORGE Limited’ and changes in shareholding pattern, is forwarded for consideration by BoA, in terms of Instruction No. 89 dated 17.05.2018 & Instruction No. 90 dated 03.08.2018 issued by DOC, subject to compliance with safeguards prescribed therein.

The proposal is placed before the BoA for consideration.

100.4(iv) Request of M/s. Embassy Commercial Projects (Whitefield) Private Limited (ECPPL), co-developer in M/s Vikas Telecom Pvt. Ltd. SEZ for change of shareholding pattern and change in directors.

M/s. Embassy Commercial Projects (Whitefield) Private Limited (ECPPL) was granted co- developer status in Vikas Telecom Pvt. Ltd. SEZ for providing infrastructure facility on 4th March, 2020.

Details of the existing shareholding pattern of the company and the proposed change in the shareholding pattern are given below:-

S. No. Shareholding pattern before change (%) Shareholding pattern after change (%) 1 Embassy Property Developments Pvt. Ltd. 38.50 Embassy Property Developments Pvt. Ltd. 0 2 Jitendra Virwani 0.00001 Jitendra Virwani 0 3 BREP Asia SBS Holding-NQ Co IV Ltd. 0.08 BREP Asia SBS Holding-NQ Co IV Ltd. 0.23 4 BREP Asia SG Indian Holding (NQ) Co I Pte. Ltd. 17.12 BREP Asia SG Indian Holding (NQ) Co I Pte. Ltd. 47.77 5 BREP VII SBS Holding-NQ Co IV Ltd. 0.02 BREP VII SBS Holding-NQ Co IV Ltd. 0.06 6 BREP VII SG Indian Holding (NQ) Co I Pte. Ltd. 4.28 BREP VII SG Indian Holding (NQ) Co I Pte.

te. Ltd. 47.77 5 BREP VII SBS Holding-NQ Co IV Ltd. 0.02 BREP VII SBS Holding-NQ Co IV Ltd. 0.06 6 BREP VII SG Indian Holding (NQ) Co I Pte. Ltd. 4.28 BREP VII SG Indian Holding (NQ) Co I Pte. Ltd. 11.94 7 Vasudev Garg 8.00 Vasudev Garg 8.00 8 Chaitanya Garg 8.00 Chaitanya Garg 8.00 9 Radhika Garg 8.00 Radhika Garg 8.00 10 Rakesh Kumar Garg 8.00 Rakesh Kumar Garg 8.00 11 Amita Garg 8.00 Amita Garg 8.00

Total 100 Total 100

The present and proposed list of Directors of the company is as follows:

Sl. No. Name of the Director Present Directors Proposed Directors 1 Aditya Virwani Yes No 2 Sumit Bhartia Yes Yes 3 Prem Jain Yes Yes 4 Shravan Sharma No Yes

Recommendation by DC, CSEZ:

DC, CSEZ has recommended the proposal.

The request is placed before BoA for its consideration.

Item no. 100.4 (v) Request of M/s. Nxtra Data Ltd. –SEZ, Co-Developer located at Plot No.28 & 13/10A, 13/10B in MIDC-IT/ITES SEZ, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune for approval of Change in Shareholding Pattern.

      The co-developer has sought for approval of the BoA for change in shareholding pattern

due to acquiring of shares by US based Caryle Group through its affiliated entity i.e. Comfort Investments II under Instruction no. 89 & 90.

Existing Shareholding Pattern Proposed Shareholding Pattern S. No. Name Approx. stake % Name Approx.

p through its affiliated entity i.e. Comfort Investments II under Instruction no. 89 & 90.

Existing Shareholding Pattern Proposed Shareholding Pattern S. No. Name Approx. stake % Name Approx. stake % 1 Bharti Airtel Ltd. 56% Bharti Airtel Ltd. 56% 2 Nettle Infrastructure Investments Ltd. 44% Nettle Infrastructure Investments Ltd. 44% 3 Devendra Khanna 0.00% Devendra Khanna 0.00% 4 PuneetTandon 0.00% PuneetTandon 0.00% 5 Suman Singh 0.00% Suman Singh 0.00% 6 Pankaj Tewari 0.00% Pankaj Tewari 0.00% 7 RohitPuri 0.00% RohitPuri 0.00%

Comfort Investments II 0.00%

Total (Equity Shares) 100%

100%

Comfort Investments II (preference shares) 100%

100%

        As informed by SEEPZ, the Co-developer has submitted that US based Carlyle Group will

invest INR 1,788 Crores in Nxtra Data Ltd. through its affiliated entity i.e. Comfort Investments II in phases and in accordance with the terms of the Investment Agreement with Bharti Airtel and Nxtra Data Ltd. executed on 01-07-2020. For this purpose Carlyle Group will acquire shares in Nxtra Data Limited. The arrangement is through 10 Nos. of Equity Shares having value of Rs. 100 each and 17880000 nos. of Preference Shares having total value of Rs. 1788 Crores. The Co-developer has further submitted that they are building multiple large data centers across India, and the proceeds from the investment made by Carlyle group will be utilized to scale up their infrastructure.

has further submitted that they are building multiple large data centers across India, and the proceeds from the investment made by Carlyle group will be utilized to scale up their infrastructure.

The Co-developer has informed that Comfort Investments II, Mauritius, have confirmed that Comfort Investments II, an affiliated entity of an investment fund managed and advised by affiliated entities of The Carlyle Group Inc has on 01-07-2020 entered into an investment agreement with Bharti Airtel Ltd. and Nxtra Data Ltd. to acquire shareholding in Nxtra Data Ltd. and that subject to relevant regulatory approvals, they will infuse an amount of INR 1788 Crores in phases and in accordance with the investment agreement. Recommendation by DC, SEEPZ: -

The above proposal of change in Shareholding Pattern by M/s. Nxtra Data Ltd. is recommended for consideration before the BOA.

100.4(vi) Request of M/s. Gera Development Pvt. Ltd. one of the SEZ Developer in M/s. KRC Infrastructure Pvt. Ltd. & GERA Developments Ltd., Pune SEZ for change of Entrepreneurship from M/s. Gera Development Pvt. Ltd. (GDPL) to M/s. Gera Resorts Pvt. Ltd. (GRPL).

M/s. KRC Infrastructure and Projects Pvt. Ltd. and Gera Development Pvt. Ltd. developer has been granted Formal Approval on 22.02.2017 for developing an IT/ITES SEZ at Kharadi, Pune- a project spread over 4.95 hectares of land and notified on 19.06.2017 for 4.03 Ha and further the SEZ proposal for expansion of the SEZ by 0.92 Ha was notified on dated 26.04.2018 i.e. total 4.95 Ha.

roject spread over 4.95 hectares of land and notified on 19.06.2017 for 4.03 Ha and further the SEZ proposal for expansion of the SEZ by 0.92 Ha was notified on dated 26.04.2018 i.e. total 4.95 Ha. Out of the total area of 4.95 Ha. land admeasuring 2.29 Ha is owned by KRC Infrastructure & Projects Pvt. Ltd. and the remaining parcel of land i.e. 2.66 Ha is owned by Gera Development Pvt. Ltd. The SEZ developed by the developer is operational.

Gera Resorts Pvt. Ltd. (GRPL) is a private limited company incorporated on 31.08.1983 and is a part of Gera Group of Companies. The shareholding pattern of M/s. Gera Development Pvt. Ltd.(GDPL) and M/s. Gera Resorts Pvt. Ltd.(GRPL) is detailed below :

Sr.No. Name of the Shareholder % shareholding in GDPL % shareholding in GRPL 1. Kumar Pritamdas Gera 51.57 % 51.57 % 2. Nalini Kumar Gera 18.40 % 18.40 % 3. Rohit Kumar Gera 22.74 % 22.74 % 4. Rohena Kumar Gera 5.05 % 5.05 % 5. Diya Rohit Gera 2.24 % 2.24 % Total 100 % 100 %

The shareholding of GRPL is same as of GDPL in the same proportion. Further, the composition of the Board of Directors of both the Companies is identical.

It has further been informed that : (i) The petition for Composite Scheme of Arrangement filed by the applicant companies before the Hon’ble NCLT for the demerger of Business Undertaking of GDPL to GRPL has been approved by Hon’ble NCLT, Mumbai Bench vide its order dated 07-09-2020.
(ii) Consequent to the demerger order of NCLT, M/s. Gera Resorts Pvt. Ltd.

f Business Undertaking of GDPL to GRPL has been approved by Hon’ble NCLT, Mumbai Bench vide its order dated 07-09-2020.
(ii) Consequent to the demerger order of NCLT, M/s. Gera Resorts Pvt. Ltd. will be handling the portion of SEZ business being a part of Commercial Leasing business of GDPL, in place of M/s. Gera Development Pvt. Ltd.

(iii) The Developer has stated that, as a part of Business Undertaking, all the assets, liabilities, activities, operations and approvals of the business of developing, operating and maintaining of their part of SEZ located at Kharadi, Pune, admeasuring 2.66 Ha shall stand demerged/transferred from GDPL to GRPL.
(iv)The said transfer of SEZ from GDPL to GRPL will have no impact on rest of the land of SEZ i.e land admeasuring 2.29 Ha owned and developer by KRC Infrastructure and Projects Pvt. Ltd. Reasons for the proposed restructuring:

The Developer has stated that, each of the businesses housed in GDPL, have been nurtured and developed from a nascent stage and are currently at different stages of maturity, with differing capital and operating requirements, gestation period, pool of resources, regulatory environment, structures to house the business/ operations, political and social environment, customer including risk and competition.

g requirements, gestation period, pool of resources, regulatory environment, structures to house the business/ operations, political and social environment, customer including risk and competition.

Having regard to the above, it is expected that the Scheme shall enable better realization of potential of the businesses, streamlining of business undertakings under the Companies and yield beneficial results and enhance value creation for the Companies, their respective shareholders, lenders and employees. Thus, the Scheme is proposed with a view to achieve various commercial results.

Recommendation by DC, SEEPZ: -

The proposal of change of entrepreneur from M/s. Gera Development Pvt. Ltd. to M/s. Gera Resorts Pvt. Ltd. consequent to demerger of the organization duly approved by Hon’ble NCLT Mumbai bench, is recommended for consideration before the BoA.

The request is placed before BOA for its consideration.

Item no. 100.4(vii) Request of M/s. Sai Wardha Power Generation Limited, SEZ(developer), for change in shareholding pattern and list of directors of the company post NCLT order.

The said developer was granted formal approval on 14.03.2008 for development, operation and maintenance of the sector specific SEZ for power at Warora Growth Centre, Warora, Chandrapur, Maharashtra. A Copy of the NCLT Order approving the Resolution Plan submitted by the Resolution Professional dated 17th October 2019 has been provided. A.

Warora Growth Centre, Warora, Chandrapur, Maharashtra. A Copy of the NCLT Order approving the Resolution Plan submitted by the Resolution Professional dated 17th October 2019 has been provided. A. The shareholding pattern of the company before NCLT order was as follows: Sr. No. Name of the Shareholder No of shares held Percentage holding Class ‘A’ Equity Shares 1 Mahindra & Mahindra Limited 33,61,043 0.83% 2 Mahindra CIE Automotive Limited 32,72,595 0.81% 3 Mahindra Vehicle Manufacturers Limited 12,38,279 0.31% 4 Mahindra Sanyo Special Steel Private Limited 61,91,395 1.53% 5 Lupin Limited 30,07,237 0.75% 6 Bekaert Industries Private Limited 24,76,558 0.61% 7 Hindalco Industries Limited 28,30,352 0.70% 8 ACG Associated Capsules Private Limited 14,15,176 0.35% 9 Asahi India Glass Limited 9,72,934 0.24% 10 Inox Air Products Private Limited 17,68,970 0.44% 11 Pudumjee Paper Products Limited 15,92,073 0.39%

12 Owens Corning (India) Private Limited 18,57,418 0.46% 13 Hindustan Petroleum Corporation Limited 77,83,468 1.93% 14 Bharat Petroleum Corporation Limited 22,99,661 0.57% 15 Viraj Profiles Limited 2,32,98,938 5.77% 16 Graphite India Limited 24,76,558 0.61% 17 Facor Steels Limited 8,84,485 0.22% 18 Sona Alloys Private Limited 14,15,176 0.35% 19 Air Liquide India Holding Private Limited 10,61,382 0.26% 20 Bebitz Flanges Works Private Limited 2,65,346 0.06% 21 Orchid Chemicals & Pharmaceuticals Limited 7,07,588 0.18% 22 Mahalaxmi TMT Private Limited 78,87,669 1.95% 23 India Steel Works Limited 10,61,382 0.26% 24 Spentex Industries Limited 29,83,716 0.74% 25

rchid Chemicals & Pharmaceuticals Limited 7,07,588 0.18% 22 Mahalaxmi TMT Private Limited 78,87,669 1.95% 23 India Steel Works Limited 10,61,382 0.26% 24 Spentex Industries Limited 29,83,716 0.74% 25 Ramsons Industries Limited 11,49,830 0.28% 26 Ramsons Castings Private Limited 8,84,485 0.22% 27 AYM Syntex Limited 7,07,588 0.17% 28 R.L. Steels & Energy Limited 26,53,455 0.66% 29 KSK Energy Ventures Limited 1,75,72,061 4.35% TOTAL : Class ‘A’ Equity Shares 10,50,76,818 26.00% Class ‘B’ Equity Shares 1 IDBI Trusteeship Services Limited (For 13,41,60,000 equity sharesDPID-IN300450&Client ID- 11069332) 20,61,11,475 51.00% 2 KSK Electricity Financing India Private Limited 9,29,51,850 23.00% 3 Mr. K. Satya Prakash 1 0 4 Mr. M.S.Phanisekhar 1 0 5 Mr. B.Kalyan Chakravarthy 1 0 TOTAL : Class ‘B’ Equity Shares 29,90,63,328 74.00% (I) TOTAL EQUITY: Class ‘A’&‘B’ Equity Shares 40,41,40,146 100%

0.01% Class 'A' Redeemable Preference Shares 1 Graphite India Limited 31,23,442 8.50% 2 Mahindra Hinoday Industries Limited (now amalgamated with Mahindra CIE Automotive Limited) 22,31,030 6.07% 3 Mahindra & Mahindra Limited 10,38,957 2.83% 4 Mahindra Vehicle Manufacturers Limited 15,61,721 4.25% 5 Air Liquide India Holding Private Limited 13,38,618 3.64% 6 Mahindra Sanyo Special Steel Private Limited 78,08,605 21.25% 7 Mahindra CIE Automotive Limited(formerly known as Mahindra Forgings Limited) 11,15,515 3.04% 8 KSK Energy Ventures Limited 1,85,22,399 50.41% (II) TOTAL 3,67,40,287 100% 0.01% Class ‘B’ Cumulative Redeemable Preference Shares KSK Electricity Financing India Private Limited

d) 11,15,515 3.04% 8 KSK Energy Ventures Limited 1,85,22,399 50.41% (II) TOTAL 3,67,40,287 100% 0.01% Class ‘B’ Cumulative Redeemable Preference Shares KSK Electricity Financing India Private Limited 2,11,90,000 58.79% KSK Energy Ventures Limited 1,48,50,769 41.21% (III) TOTAL 3,60,40,769 100% 0.01% Cumulative Redeemable Preference Shares KSK Electricity Financing India Private Limited 15,00,31,236 100% (IV) TOTAL 15,00,31,236 100% 15% Cumulative Redeemable Preference Shares

KSK Energy Ventures Limited 12,90,00,000 60.87 Sai Regency Power Corporation Private Limited 8,29,30,000 39.13 (V) TOTAL 21,19,30,000 100%

(VI) TOTAL PREFERENCE SHARES(II+III+IV+V)

43,47,42,292

TOTAL PAID UP SHARE CAPITAL (I + VI)

83,88,82,438

B. The shareholding pattern of the company after NCLT order is as follows:

Name of Shareholders No of Shares @ Rs. 10/- each Premium Amount per shares (in Rs.) Total amount paid (including premium) (in Rs.) Percentage holding Sri City Private Limited 51,00,000 Nil 5,10,00,000 89.9% KCR Enterprise LLP 5,66,662 76.47 4,89,99,263 11.1% iLabs Hyderabad Technology Centre Private Limited 1 76.47 86.47

Chintalapati Capital Holdings LLP 1 76.47 86.47

Skanda Aerospace Private Limited 1 76.47 86.47

Sri Power Private Generation (India) Private Limited 1 76.47 86.47

Peepul Capital Financial Services Private Limited 1 76.47 86.47

Total No. of Equity Shares 56,66,667

10,00,00,000 100%

Financial Services Private Limited 1 76.47 86.47

Total No. of Equity Shares 56,66,667

10,00,00,000 100%

(C) List of Directors of the company before NCLT order was as follows: Sr. No. Name of Director Designation Address 1 Kishore Sethuraman Director 1-2-593, B-3, Soubhagya Apartments, Domalguda, Hyderabad – 500029. 2. Venkatesh Subramanian Director 7-1-39, Flat No. 602, Sri Niketan Aparments, Shyam Karan Road, Ameerpet, Hyderabad – 500016, Telangana. 3. Alankrita Soni Independent Director F-68, Gamma-1, Greater Noida, Kasna Gautam Buddha Nagar, Uttar Pradesh – 201310.

(D) List of Directors of the Company after the NCLT order is as follows: Sr. No. Name of Director Designation Address 1 Vikas Gupta Whole-time Director 8-1-307/3 and 8 E Block, Flat no. 706, Aditya Empress Towers, Shaikpet, Golconda, Hyderabad, Telangana - 500008. 2 Harish Battu Director 2-10-1476, Jyothinagar, Karimnagar, Telangana – 505001. 3 Akila Chandrasekhar Raju Director #29, 15th Cross Road, Next to Bharat Cooperative Bank, 3rd Block, Jayanagar, Bangalore.

attu Director 2-10-1476, Jyothinagar, Karimnagar, Telangana – 505001. 3 Akila Chandrasekhar Raju Director #29, 15th Cross Road, Next to Bharat Cooperative Bank, 3rd Block, Jayanagar, Bangalore.

Recommendations of DC, SEEPZ: - The application is scrutinized and is found in order. Hence, the proposal for change in share holding pattern and list of directors of M/s. Sai Wardha Power Generation Limited-SEZ (Developer) is recommended to the BOA as per the guidelines of Instruction no. 89 & Instruction no. 90, dated May 17, 2018 and August 3, 2018 issued by the SEZ Section, Ministry of Commerce & Industry.

The proposal is placed before the BoA for consideration.

100.5 Requests for co-developer (seven proposals)

Item no. 100.5(i) Request of M/s. KDS Omega Areas LLP for co-developer status in M/s GAR Corporation Pvt. Ltd. SEZ at Sy. No. 89(P), Kokapet Village, Gandipet Mandal, Ranga Reddy District, Telangana.

The above mentioned SEZ stands notified on 09.04.2019 over an area of 2.429 hectares.

M/s. KDS Omega Areas LLP has submitted a proposal for becoming a co-developer in the aforesaid SEZ for construction of IT/ITES building and operating and maintaining the facility within framework of SEZ in an area of 38,220 sq.ft. on part of 3rd Floor in Tower-9 of the above SEZ.

Co-developer agreement dated 8.2.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs. 2.75 crores. DC, VSEZ has recommended the proposal.

reement dated 8.2.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs. 2.75 crores. DC, VSEZ has recommended the proposal. The request of the co-developer is submitted for consideration of BoA.

Item no. 100.5 (ii) Request of M/s. Hycom Properties LLP for co-developer status in M/s GAR Corporation Pvt. Ltd. IT/ITES SEZ at Sy. No. 89(P), Kokapet Village, Gandipet Mandal, Ranga Reddy District, Telangana

The above mentioned SEZ was notified on 27.03.2017 over an area of 1.66 Ha and subsequently an additional area of 0.769 Ha was notified on 09.04.2019. As on date, the total area of SEZ stands to be 2.429 Ha.

M/s. Hycom Properties LLP has submitted a proposal for becoming a co-developer in the aforesaid SEZ for investment in the development of internal and external infrastructure, operation and maintenance in an area of 29,400 sq.ft. in part of 2nd Floor in Tower-9 in the SEZ.

Co-developer agreement dated 22.02.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs.2.20 crores. They only propose to do interior fixtures viz., workstations, furniture, false ceiling works, cabins in their premises, computers and peripheral and other electronic and electrical items. DC, VSEZ has recommended the proposal.

or fixtures viz., workstations, furniture, false ceiling works, cabins in their premises, computers and peripheral and other electronic and electrical items. DC, VSEZ has recommended the proposal.

The request of the co-developer is submitted for consideration of BoA. Item no. 100.5 (iii) Request of M/s. Sirishanthi Commercial Spaces LLP for co- developer status in M/s GAR Corporation Pvt. Ltd. IT/ITES SEZ at Sy. No. 89(P), Kokapet Village, Gandipet Mandal, Ranga Reddy District, Telangana.

The above mentioned SEZ stands notified on 09.04.2019 over an area of 2.429 hectares.

M/s. Sirishanthi Commercial Spaces LLP has submitted a proposal for becoming a co- developer in the aforesaid SEZ for construction of IT/ITES building and operating and maintaining the facility within the framework of SEZ in an area of 20,330 sq.ft. in part of 2ndfloor & 3rd floor in Tower-9 in the SEZ.

Co-developer agreement dated 7.02.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs.1.50 crores. They only propose to do interior fixtures viz., workstations, furniture, false ceiling works, cabins in their premises, computers and peripheral and other electronic and electrical items. DC, VSEZ has recommended the proposal. The request of the co-developer is submitted for consideration of BoA. Item no. 100.5(iv) Request of M/s. Spacetech SEZ Developers Pvt. Ltd. for co-developer status in M/s Phoenix Tech Zone Pvt. Ltd. SEZ at Sy. No.

oper is submitted for consideration of BoA. Item no. 100.5(iv) Request of M/s. Spacetech SEZ Developers Pvt. Ltd. for co-developer status in M/s Phoenix Tech Zone Pvt. Ltd. SEZ at Sy. No. 115/35, Nanakramguda Village, Serilingampally Mandal, Ranga Reddy District, Telangana.

The above mentioned SEZ stands notified on 17.03.2017 over an area of 2.02 hectares.

M/s. Spacetech SEZ Developers Pvt. Ltd. has submitted a proposal for becoming a co- developer in the aforesaid SEZ for making further investment to upgrade, develop infrastructure and undertake operation and maintenance of the constructed area leased by the Developer to the proposed co-developer in an area of 47,010 sq.ft. located on the 12th Floor of Tower – B in the above SEZ.

Co-developer agreement dated 16.07.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs.25 crores. DC, VSEZ has recommended the proposal. The request of the co-developer is submitted for consideration of BoA. Item no. 100.5(v) Request of M/s. Squarespace SEZ Pvt. Ltd. for co-developer status in M/s Phoenix Tech Zone Pvt. Ltd. SEZ at Sy. No. 115/35, Nanakramguda Village, Serilingampally Mandal, Ranga Reddy District, Telangana.

The above mentioned SEZ stands notified on 17.03.2017 over an area of 2.02 hectares.

M/s. Squarespace SEZ Pvt. Ltd. has submitted a proposal for becoming a co-developer in the aforesaid SEZ for making further investment to upgrade, develop infrastructure and undertake

hectares.

M/s. Squarespace SEZ Pvt. Ltd. has submitted a proposal for becoming a co-developer in the aforesaid SEZ for making further investment to upgrade, develop infrastructure and undertake

operation and maintenance of the constructed area leased by the Developer to the proposed co- developer in an area of 24,306 sq.ft. located on the 11th Floor of Tower – B in the above SEZ.

Co-developer agreement dated 16.07.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs.14 crores. DC, VSEZ has recommended the proposal. The request of the co-developer is submitted for consideration of BoA. Item no. 100.5(vi) Request of M/s. ACE SEZ Developers Pvt. Ltd. for co-developer status in M/s Phoenix Tech Zone Pvt. Ltd. SEZ at Sy. No. 115/35, Nanakramguda Village, Serilingampally Mandal, Ranga Reddy District, Telangana.

The above mentioned SEZ stands notified on 17.03.2017 over an area of 2.02 hectares.

M/s. Squarespace SEZ Pvt. Ltd. has submitted a proposal for becoming a co-developer in the aforesaid SEZ for making further investment to upgrade, develop infrastructure and undertake operation and maintenance of the constructed area leased by the Developer to the proposed co- developer in an area of 1,39,385 sq.ft. located on the 14th to 16th Floors of Tower – B in the above SEZ.

Co-developer agreement dated 16.07.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs.75 crores.

B in the above SEZ.

Co-developer agreement dated 16.07.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs.75 crores. DC, VSEZ has recommended the proposal. The request of the co-developer is submitted for consideration of BoA. Item no. 100.5(vii) Request of M/s. Phoenix IT Infrastructure India Pvt. Ltd for co-developer status in the M/s. Phoenix Infocity Pvt. Ltd SEZ at Sy. No. 30 (P), 34 (P), 35 (P) & 38 (P), Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana for development, operation and maintenance of the SEZ and other activities.

The above mentioned SEZ stands notified on 11.8.2006 over an area of 10.39 hectares.

M/s. Phoenix IT Infrastructure India Pvt. Ltd has submitted a proposal for becoming a co- developer in the aforesaid SEZ to develop, market, lease, operate and maintain the Co-Developer Property (the co-developer space and co developer land of 1.04 Ha along with all rights, interests, benefits attached thereto are collectively referred as Co-developer’s property as defined in the Co- Developer Agreement) and also carry out default authorized operations as permitted under SEZ Act and Rules from time to time.

Co-developer agreement dated 8.9.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs. 194 Crores.

Recommendation by DC:

DC VSEZ has recommended the proposal

ed into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs. 194 Crores.

Recommendation by DC:

DC VSEZ has recommended the proposal

The request of the co-developer is submitted for consideration of BoA.

100.6 Miscellaneous cases (eleven proposals)

Item no. 100.6(i) Request of M/s. Panama Petrochem Limited, a unit in Dahej SEZ for granting permission for import of Used Cooking oil (HSN 15180040) with other grades of Vegetables oils for manufacturing. M/s. Panama Petrochem Limited, Dahej SEZ unit, Plot No. Z/23, Gujarat is an operational unit holding Letter of Approval dated 06.05.2008, for manufacture of various products under Chapter Heading 27 of ITC (HS).

M/s. Panama Petrochem Limited, has requested for permission to import used cooking oils for manufacturing of various grades of fractioned methyl esters and its derivatives. M/s. Panama Petrochem Limited has informed that there will be two major products (1) Fractionated Methyl Esters & Derivatives & 2) Glycerol & its derivatives which is already approved by UAC. All products which will be manufactured from UCO and other grades of vegetables oils is having very large volume requirements with ink, coating, textile & other areas formulations. There will be pure replacement of mineral oils and distillates as upgraded requirement of international market.

very large volume requirements with ink, coating, textile & other areas formulations. There will be pure replacement of mineral oils and distillates as upgraded requirement of international market.

The unit has also stated that they are one of the leading ink & resin oil producer and supplier to ink and resin industries and also one of pioneer textile oils producers and suppliers & they are approved supplier to world no. 1 to 20 largest ink industries in the world and also supplying various grades. Methyl Esters are replacement of mineral oils distillates for better environment in world.

As per para (ii) of DoC’s Instruction No. 47, which has also been incorporated as 6thproviso to Rule 26 of the SEZ Rules, 2006 as amended vide notification dated 19.09.2018:

Items which are prohibited for import, SEZ units shall be permitted to import the same provided they export goods made out of the same but each such case will be placed before BoA for approval.

M/s. Panama Petrochem Ltd. has informed that the conversion of UCO & other grades of edible oils to methyl esters are very simple process and does not have any emission or solid and liquid waste and pure environmental free process with zero discharge.

M/s. Panama Petrochem has informed that by bringing this input they will be able to cater huge volume of Europe and USA where the demand of these esters are very high. They stated that all esters manufacturing with this input will help to save the environment. Government of India is also encouraging these esters for eco fuel additions.

these esters are very high. They stated that all esters manufacturing with this input will help to save the environment. Government of India is also encouraging these esters for eco fuel additions. Manufacturing technology is also completely Greenfield where no chemical or water is used which can harm environment. They also stated that their present infrastructure is well equipped to process all UCOs without any investment.

The unit has also assure and ready to give undertaking that products manufactured from UCO will only be sold to non-fuel purpose and all methyl esters which is approx. 75% of input will be sold to international market only.

As per ITC (HS) Classification of Export & Import items like used cooking oil is covered under 15180040 (ITC HS Policy Schedule-1 Import Policy, 2017) which is prohibited item for import. The unit has also requested for permission to import the prohibited item with other grades of Vegetables oils for manufacturing.

chedule-1 Import Policy, 2017) which is prohibited item for import. The unit has also requested for permission to import the prohibited item with other grades of Vegetables oils for manufacturing.

Recommendation by DC, Dahej:

The case is recommended for consideration by BoA to allow import of used cooking oil with other grades of Vegetable oils for manufacturing.

The request is placed before BoA for its consideration. 100.6(ii) Extension of LoA of used and worn clothing units and plastic recycling units located at Kandla, Falta and Noida SEZ in terms of Rule 18(4) of the SEZ Rules, 2006.

As per Rule 18(4) (a) and (c) of the SEZ Rules, 2006, the extension of LoA of the existing units involved in plastic scrap and waste recycling and reprocessing of garments or used clothing etc. shall be decided by the BoA.

Validity of LoA of the 47 units including both the plastic recycling units and worn and used clothing units was last extended by the Board of Approval in its 99th meeting held on 31.07.2020 for a period upto 30.09.2020.

The recommendations of the Committee on review of plastic waste recycling and worn and used clothing units constituted by the Board of Approval are already under active consideration in consultation with the stakeholder departments. A meeting to resolve the divergent views and finalize a roadmap/policy framework for such existing units in SEZs and EoUs was held on 08.09.2020.

in consultation with the stakeholder departments. A meeting to resolve the divergent views and finalize a roadmap/policy framework for such existing units in SEZs and EoUs was held on 08.09.2020. As the policy is yet to be finalised, BoA may take a decision on further extension of LoA of the plastic recycling and worn and used clothing units in KASEZ, Noida SEZ and Falta beyond 30.09.2020.

Recommendations of DC, KASEZ: The requests of 17 worn & used clothing units and 22 plastic recycling units for renewal of their LOAs for next five years beyond 01/10/2020 is being recommended for consideration by Board Of Approval in terms of Rule 18(4) of SEZ Rules, 2006.
Recommendations of DC, Falta SEZ: The request of the 7 units for extension of LoA for a period of five years has been recommended by DC.

Submitted for consideration of the BoA.

Item no. 100.6(iii) Request of M/s Tastel Finefood Pvt. Ltd., Kandla SEZ for permission for import of Beef RTE (Ready to Eat) and Pork RTE products.

M/s. Tastel Finefood Pvt. Ltd., a unit in KASEZ has been granted in-principle LoA dated 05.08.2020 for setting up a manufacturing unit for veg/non-veg & Desert Meal Kit such as Dal Makhani, Veg Lemongrass Vietnamese Curry, Red Thai Curry with Veg, Moroccan Chickpea, etc. with the condition that they will not be allowed manufacturing/packing/repacking of beef and pork in any form.

ani, Veg Lemongrass Vietnamese Curry, Red Thai Curry with Veg, Moroccan Chickpea, etc. with the condition that they will not be allowed manufacturing/packing/repacking of beef and pork in any form.

DC, KASEZ has informed that the said unit has stated that they have one problem to start their project in SEZ which is approval of import of Beef RTE (Ready to Eat) and Pork RTE products for packing in main final kit for further export and as per in-principle LoA it is mentioned “approved the proposal for activity subject to standard terms and conditions except beef and pork in any form”.

        The unit has further stated that this project is very big and turnover will be USD 20 million

to USD 50 million for repacking process of ready processed foods imported packs. This is UN (United Nations) project of survival kit for international army and if they bring this business in India then it will help them to grow their business with tremendous turnover with great foreign exchange earnings.

The unit has also stated that as per project requirement they need to setup packing/assembly unit lines in SEZ and they will import ready processed foods from UN authorized international suppliers from various countries i.e. Australia, New Zealand, Thailand, etc. and products will be various type of Ready to eat food pouches of Veg/Cheese/Paneer chunks RTE or Beef chunks RTE or Pork chunk RTE (which they will not manufacture in the KASEZ) nutrition bar, deserts, packing material, first aid kit etc.

to eat food pouches of Veg/Cheese/Paneer chunks RTE or Beef chunks RTE or Pork chunk RTE (which they will not manufacture in the KASEZ) nutrition bar, deserts, packing material, first aid kit etc. and as per project they just need to convert single units into main unit (Breakfast + lunch + dinner kits + deserts + First Aid Kit etc.) which will be useful as day meal kit to those soldiers who travel in terrain, cold, desert areas to survive themselves on assigned duties by UN (United Nations). The unit propose to invest Rs. 20.00 crores in their project and also submitted space requirement of around 40,000 sq. ft. to 50,000 sq. ft.

        The unit has quoted Instruction No. 47 dated 04.03.2010 wherein in respect of items, which

are prohibited for import, SEZ units will be permitted to import the same provided they export goods made out of the same. As in the case of exports, each such case will be placed before the Board of Approval for consideration and approval. Relevant part of the instruction is reproduced hereunder: -

“(ii) In respect of items which are prohibited for import, SEZ units will be permitted to import the same provided they export goods made out of the same. As in the case of exports, each such case will be placed before BOA for consideration and approval.”

DC, KASEZ has informed that the said proposal was discussed in the 159th Unit Approval Committee meeting of Kandla SEZ held on 22.07.2020.

l be placed before BOA for consideration and approval.”

DC, KASEZ has informed that the said proposal was discussed in the 159th Unit Approval Committee meeting of Kandla SEZ held on 22.07.2020. The Approval Committee after due deliberation decided to approve the proposal for manufacturing activity subject to standard terms and conditions except beef and pork in any form in view of the fact that beef is a prohibited item for export as per ITC HS Code 0206 and Pork is a sensitive item, the State of Gujarat being mostly vegetarian. Recommendations of DC, KASEZ: The request of M/s. Tastel Finefood Pvt. Ltd., KASEZ to allow import of Beef RTE (Ready to Eat) and Pork RTE products for packing in main final kit for further export is not being recommended for consideration by the BoA in terms of Instruction No. 47 dated 04.03.2010. The case is placed before the BoA for consideration. Item no. 100.6(iv) Proposal of M/s Apex Lubricant, a unit in KASEZ for Broad-banding of additional items in Trading Activity. M/s. Apex Lubricant., KASEZ, Gandhidham is an approved unit with LoA dated 10.06.2009 as amended, for warehousing & trading activity. The unit has commenced their authorized operations in KASEZ w.e.f. 19.09.2011 and accordingly their LoA is valid upto 18.09.2021. DC, KASEZ has informed that the said unit had requested for broad-banding of following additional items in their authorized Trading Activity:

1 and accordingly their LoA is valid upto 18.09.2021. DC, KASEZ has informed that the said unit had requested for broad-banding of following additional items in their authorized Trading Activity:

Sr. No

Description Of Goods ITC HS Code Description of goods as
per DGFT Import Policy ( website) Import/ Export P olicy Policy Condition 1 Fuel Oil 27101951 to 27101959 Fuel Oil conforming
Standard IS 1593: Grade LV, Grade MV1, Grade MV2, Grade HV Import Free Export-Free

2 Furnace Oil (Fuel Oil)
(Grade: FO 381/FO 180) & L SFO 0.5% 27101990 Other Import Free Export-Free

3 Base Oil 27101971 Fuels (class-F) or marine
fuels conforming to
standard IS 16731: Base Oil Import Free Export-Free

4 High Speed Diesel ( HS D) 27101949 High flash high speed
diesel fuel conforming to
standard IS 16861 Import- Restricted

Export Free State Trading
Enterprises 5 Light Diesel Oil (LDO) 27101943 Light Diesel oil conforming to standard IS 15770 Import- Restricted

Export Free State Trading
Enterprises

        The unit has further submitted that the transaction will be consisting of import of goods for

onward supplies to foreign bound vessels and Coastal Vessels calling at all the major/ minor ports. Items listed at Sr. 4 & 5 of the table above, will be supplied only to foreign vessels only. Also, the supplies to Foreign Going Vessel is treated as “Export”. The unit has also furnished the projected NFEE for five years i.e.1221 lakhs.

ove, will be supplied only to foreign vessels only. Also, the supplies to Foreign Going Vessel is treated as “Export”. The unit has also furnished the projected NFEE for five years i.e.1221 lakhs. As per export/import policy of DGFT from the website of Ministry of Commerce & Industry, the above items fall under “FREE” category except item mentioned at Serial no. 4&5, wherein the item is allowed to be imported into India through STE (State Trading Enterprises) as prescribed under the Import Policy Condition (5) of Chapter 27. Therefore, their matter was taken up in the 158th UAC meeting held on 18.06.2020 wherein the Committee after due deliberation and on the request of the unit, decided to refer the proposal to the Board of Approval for consideration of restricted items. As per Rule 26 of the SEZ Rules, 2006 “Foreign Policy restrictions on State Trading Enterprises shall not apply to Special Economic Zone Manufacturing units” but in the subject case, M/s Apex Lubricants is a Warehousing and Trading unit and not a Manufacturing unit. Observations of DoC:

ses shall not apply to Special Economic Zone Manufacturing units” but in the subject case, M/s Apex Lubricants is a Warehousing and Trading unit and not a Manufacturing unit. Observations of DoC:

Further, as per proviso to Rule 26, if any permission is required for import under any other law, the same shall be allowed with the approval of the Board of Approval. The BoA may consider the proposal in respect of items restricted for import as the remaining items are within the powers of the UAC itself. Recommendations of DC, KASEZ: The request of M/s Apex Lubricant for Broad-banding of additional items in trading activity is being recommended for consideration by Board of Approval as per second proviso to Rule 26 of the SEZ Rules, 2006. Item no. 100.6(v) Proposal of Oxygen Business Park Pvt. Ltd., Developer for approval of additional authorized operation in the processing area of IT/ITES SEZ at Plot No. 07, Sector- 144, Noida (U.P.). Oxygen Business Park Pvt. Ltd., Developer has submitted a proposal for approval of additional authorized operation in the Processing Area of its IT/ITES SEZ at Plot No. 07, Sector- 144, Noida (U.P.), in terms of Rule 9 of SEZ Rules 2006. The details of proposed additional authorized operations are as under:- S. No. Name of authorized activity No. of Un its Area per unit
(in Sqmt) as per FSI/ FAR norms as
applicable Total area (in Sqmt.) (i). Retail space such as Super Store (essentials cum medical General store), Book & Gift
Shop, Salon, Concierge service etc.

in Sqmt) as per FSI/ FAR norms as
applicable Total area (in Sqmt.) (i). Retail space such as Super Store (essentials cum medical General store), Book & Gift
Shop, Salon, Concierge service etc. N.A. N.A 1350 Sqmt.

        As informed by DC, NSEZ, the developer had proposed amenities over an area of 1350

Sqmt. at Ground floor, Tower-With regard to the linkage of proposed authorized operation with SEZ operations, the developer had clarified as under:- i. The said SEZ currently operates 8 fully constructed buildings with a total leasable space of 25 Lac sq.ft. and 1 additional building under development with leasable space of 7 lac sq. ft. ii. As on date the occupancy is at 76 % which is 19 Lac sq.ft. occupied out of the available 25 Lac sq.ft. They have marquee tenants some of whom are Fortune 500 companies operating from the building such as Met-Life, Optum with current employee base of around Nineteen Thousand. iii. Further, due consideration needs to be given to such active population operating within the park, and the fact that presently the surrounding areas around the SEZ are under-developed and with non-availability of below-mentioned services / convenience facilities. Further, the employee demographic comprises of high percentage of working couples, wherein such amenities are most suited to a higher gender diversity. Also considering the current global situation, it has become even important to ensure that essential services and personal hygiene related materials / services are available so that it can easily support the population.

urrent global situation, it has become even important to ensure that essential services and personal hygiene related materials / services are available so that it can easily support the population. Further, many units are now demanding for such amenities within the part as for convenience of their employees, as this helps the Units in being equal opportunity employers if such needs are taken care of given their gender diversity.

So far as revenue implications are concerned, the developer has clarified that all of these stores, if permitted to operate, will not avail any benefit as per SEZ Scheme in above services hence there will be no revenue loss. Recommendations of DC, NSEZ: The proposal of Oxygen Business Park Pvt. Ltd., Developer for approval of additional authorized operation namely “Retail space such as Super Store (essentials cum medical General store), Book & Gift Shop, Salon, Concierge service etc.’ in the processing area of the IT/ITES SEZ at Plot No. 07, Sector-144, Noida (U.P.) is recommended for consideration by the Board of Approval, in terms of Rule 9 of SEZ Rules 2006, subject to the condition that these activities shall be available for use of the SEZ only and no tax benefits / exemptions shall be allowed to the developer for such activities. Submitted for consideration of BoA.

100.6(vi) Request of M/s. Phoenix Tech Zone Pvt. Ltd, IT/ITES SEZ at Sy. No. 115/35, Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana for approval for amendment to Co-Developer Agreement to M/s. Phoenix IT Hub Pvt.

Pvt. Ltd, IT/ITES SEZ at Sy. No. 115/35, Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana for approval for amendment to Co-Developer Agreement to M/s. Phoenix IT Hub Pvt. Ltd.

M/s. Phoenix Tech Zone Pvt. Ltd (Earlier M/s. Phoenix Embassy Tech Zone Pvt. Ltd) was issued Formal Approval on 17.2.2017 for setting up sector specific SEZ for IT/ITES at Sy. No. 115/35 at Nanakramguda Village, Serilingampally Mandal, Telangana on a contiguous stretch of land measuring 2.02 Hectares (5 Acres). The SEZ was notified on 17.3.2017.

        M/s. Phoenix IT Hub Pvt. Ltd was granted co-developer status on 20.8.2019 for providing

infrastructure facilities in an area admeasuring 1.20 Acres in the above SEZ.

        As informed by the DC, the Developer has amended certain terms of the Co-Developer

Agreement dated 22.2.2019 entered with the above Co-Developer, which inter-alia, include the following: i. The Co-Developer will have leasehold interest in an identified portion of the said land admeasuring 3 Acres ii. In view of the Instruction No. 98 dated 29.8.2019 issued by MOC, New Delhi read with Minutes of the 65th meeting, the term of the lease in favour of Co-Developer will be 99 years with further extensions at the option of the Co-Developer. The Developer and Co- Developer will execute and register a lease deed in this regard. iii. The Developer will construct Tower A as per the agreed specifications and thereafter transfer the same to the Co-Developer under a Transfer and Handover Deed.

ter a lease deed in this regard. iii. The Developer will construct Tower A as per the agreed specifications and thereafter transfer the same to the Co-Developer under a Transfer and Handover Deed. Thereafter the Co-Developer will undertake all authorized operations for this purpose and the Co- Developer will own, operate, lease, transfer and deal with Tower A as it deems fit as per the SEZ Act and Rules. The correct description of Tower A and all common areas on the said Land are provided in the Supplemental Co-Developer Agreement. iv. The formats of the Transfer Deed and Lease Deed are also attached to the Supplemental Co- Developer Agreement. The Developer has submitted the Supplemental Co-Developer Agreement to the Co- Developer Agreement dated 9.9.2020 and the drafts of Lease Deed and Transfer Deed proposed to be executed.

        The Developer has also stated that the total leaseable area proposed to be built by the Co-

Developer is 11,79,000 sq. ft. with Lease consideration of Rs. 200 Crores and Building and Equipments of Rs. 400 Crores.

        The request of M/s. Phoenix Tech Zone Pvt. Ltd for according approval to Amendment to

Co-Developer Agreement of M/s. Phoenix IT Hub P Ltd recommended by DC, VSEZ is forwarded to Board of Approval, in terms of Instruction No. 98 dated 29.8.2019.

The request is placed before BOA for its consideration.

100.6(vii) Request of M/s. Nxtra Data Ltd. (Co-Developer) in MIDC IT/ITES SEZ, Pune located at Plot No. 28 and Plot No.13/10/A & Plot No.

uest is placed before BOA for its consideration.

100.6(vii) Request of M/s. Nxtra Data Ltd. (Co-Developer) in MIDC IT/ITES SEZ, Pune located at Plot No. 28 and Plot No.13/10/A & Plot No. 13/10/B, Rajiv Gandhi Infotech Park, MIDC, Hinjewadi, Phase-III, Pune, for increase in area from existing 2.40 Ha to 9.28 Ha. i.e. increase by 6.88 Ha (68800 sq.mtrs.) located at plot No. P-1/1 & P-1/2.

M/s. Nxtra Data Ltd. was granted Formal Approval on 14.12.2017 for construction of buildings and related infrastructure of IT/ITES units, development of space of IT/ITES units and all default authorized operations over an area of 1.90 Ha in Plot No. 28 and Plot No. 13/10/A, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune

M/s. Nxtra Data Ltd. was granted co-developer status on 07-06-2007 and is operational.

The proposal for further expansion of the area from1.90 Ha to 2.40 Ha. for plot admeasuring 5000 sq. mtrs. located at adjacent plot i.e. Plot No. 13/10B was approved in the 99th BOA meeting held on 31-07-2020 and the approval for expansion by 0.50 Ha is subject to execution of necessary agreement with the developer.

With regard to the conditional approval granted in the 99th BOA meeting held on 31-07- 2020, for additional 5000 sq. mtrs. adjacent plot i.e. Plot No. 13/10B, the unit has submitted that they have paid Rs. 2.24 Crores towards the premium for land, and accordingly, they have received the allotment letter for the said plot from MIDC vide letter dated 17-08-2020 and they have received the possession of the plot on 03-09-2020.

premium for land, and accordingly, they have received the allotment letter for the said plot from MIDC vide letter dated 17-08-2020 and they have received the possession of the plot on 03-09-2020. They have further submitted that signing of the agreement is in the final stage of execution and they have already approached the MIDC for necessary steps to expedite the process of execution of the co-developer agreement, however due to Covid-19, MIDC office is not working in full strength, hence there is a delay in execution of the co- developer agreement at the moment.

M/s. Nxtra Data Ltd. is a 100% subsidiary of Bharti Airtel Limited which is a leading global telecommunication company with operations in 16 countries across Asia and Africa. The company is amongst the top 3 mobile service providers globally in terms of subscribers. They are presenting having 10 existing DC and 120+ Edge DC with 30K+ Racks and 75+ MW power across India and are planning expand the same. Nxtra Data Ltd. has already developed Data Centre Project on Plot No. 28 & 13/10A in Hinjewadi, which is fully operational and have further proposed to construct additional 1800 racks.

The Co-developer has stated that they intend to expand their existing area by constructing additional Data centre in the proposed 6.88 Ha which will house Tier 3 Data center along with space for supporting MEP Services, Reception, loading / unloading area, dry type transformers, HT Switchgear Panels, Control Room etc. as detailed below :

will house Tier 3 Data center along with space for supporting MEP Services, Reception, loading / unloading area, dry type transformers, HT Switchgear Panels, Control Room etc. as detailed below :

Sr Plot No. Present Area in sq.mtr. Additional area approved in 99th BOA Proposed addition of area in sq.mtrs. Area after adding proposed additional area 1 Plot No. 28 & 13/10/A 19,000 92,800 (9.28 Ha) 2 Plot No. 13/10B 5000 3 Plot No. P-1/1 & P-1/2 68,800

The Co-developer has further stated that the proposed facility at the said premises will support and power 15000 Racks for in-house application support, DR facility and third party hosting of servers and Network Operations Centre.

The Co-developer proposes to develop around 1,10,000 sq. mtrs. of ready built infrastructure including data center, office premises, car parking etc.

Inspection Report The proposed site to be added i.e. Plot No. P-1/1 & P-1/2 admeasuring 68,800 sq. mtrs. located at Rajiv Gandhi Infotech Park, MIDC-SEZ, Hinjewadi, Phase-III, Pune 411 057 was inspected by the Joint Development Commissioner, SEZ Pune Cluster on 10-09-2020, and it has been submitted that the proposed site is diagonally opposite to the existing area of the Co- developer (Plot No. 28, 13/10A and 13/10B). The proposed plot No. P-1/1 and P-1/2 and the existing area i.e. Plot No. 28, 13/10A & 13/10B are separated by a 45 mtr. Public road within the notified area of MIDC SEZ, Pune. The proposed plot admeasuring 6.88 Ha is vacant. Recommendation by DC, SEEPZ:

The application of M/s.

& 13/10B are separated by a 45 mtr. Public road within the notified area of MIDC SEZ, Pune. The proposed plot admeasuring 6.88 Ha is vacant. Recommendation by DC, SEEPZ:

The application of M/s. Nxtra Data Ltd. (Co-developer) for expansion / increase in area from approved 2.40 Ha to 9.28 Ha (increase in 6.88 Ha) at Plot No. P-1/1 & P-1/2 to the existing SEZ located at Plot No. 28 & Plot No. 13/10A & 13/10B, Rajiv Gandhi Infotech Park, MIDC, Hinjewadi, Phase III, Pune, is recommended to the Board for consideration. The request is placed before BOA for its consideration.

Item no. 100.6 (viii) Requests for procurement of Sand by Developers/Co-Developers/Units in SEZs in Telangana.

The requests of the following Developers/Co-Developers/Units for procurement of Sand from DTA for Construction purpose, in terms of fourth proviso to Rule 27 (1) of SEZ Rules, 2006, has been received for placing the same before the BoA:

Sl. No. Name of the Developer/Co- Developer/Unit Name of the Item Quantity Value (inRs.)

1 M/s. GAR Corporation Pvt. Ltd, Developer, IT/ITES SEZ at Sy. No. 89 (P), Kokapet Village, Serilingampally Mandal, Ranga Reddy District, Telangana Restricted Sand (River Sand) 3000 MT 105 Lakhs

R Corporation Pvt. Ltd, Developer, IT/ITES SEZ at Sy. No. 89 (P), Kokapet Village, Serilingampally Mandal, Ranga Reddy District, Telangana Restricted Sand (River Sand) 3000 MT 105 Lakhs

2 M/s. GAR & Son Builders LLP, Co- Developer for M/s. Laxmi Infobahn Pvt. Ltd, IT/ITES SEZ at Sy. No. 107 (P), Kokapet Village, Serilingampally Mandal, Ranga Reddy District, Telangana Sand/River Sand 1000 MT 35 Lakhs 3 M/s. Fluid Science Dynamics Pvt. Ltd, unit in M/s. TSIIC Limited, SEZ for Precision Engineering at Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District, Telangana River Sand 500 MT

4 M/s. Phoenix Tech Zone Pvt. Ltd, Developer, IT/ITES SEZ at Sy. Nos. 118P, 120P, 121P, 122P and 138P, Nanakramguda Village, Serilingampally Mandal, Ranga Reddy District, Telangana a) River Sand b) Crushed Sand c) Murrum/Soil d) 20 MM Aggregate a) 5000 MT b) 3000 MT c) 1000 Trips d) 1000 MT a) 175 Lakhs b) 33 Lakhs c) 16.50 Lakhs d) 7 Lakhs 5 M/s. Phoenix Tech Zone Pvt. Ltd, Developer, IT/ITES SEZ at Sy. No. 203P, Manikonda Village, Rajendra Nagar Mandal, Ranga Reddy District, Telangana a) River/Crused Sand b) Soil/Murrum

a) 5000 MT b) 1000 Trips

a) 55 Lakhs b) 16.50 Lakhs

6 M/s. Phoenix Tech Zone Pvt. Ltd, Developer, IT/ITES SEZ at Sy. No. 115/35, Nanakramguda Village, Serilingampally Mandal, Ranga Reddy District, Telangana a) River Sand b) Crushed Sand c) Murrum/Soil d) 20 MM Aggregate a) 500 MT b) 2200 MT c) 600 Trips d) 2100 MT a) 17.50 Lakhs b) 24.20 Lakhs c) 9.90 Lakhs d) 14.70 Lakhs 7 M/s.

rict, Telangana a) River Sand b) Crushed Sand c) Murrum/Soil d) 20 MM Aggregate a) 500 MT b) 2200 MT c) 600 Trips d) 2100 MT a) 17.50 Lakhs b) 24.20 Lakhs c) 9.90 Lakhs d) 14.70 Lakhs 7 M/s. Phoenix Ventures Pvt. Ltd, Developer, IT/ITES SEZ at Sy. No. 35 (P) and 36, Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana a) Plaster Sand b) River Sand

a) 1500 MT b) 1500 MT

a) 15 Lakhs b) 45 Lakhs

8 M/s. Phoenix InfocityPvt. Ltd, Developer, IT/ITES SEZ at Sy. Nos. 30 (P), 34 (P), 35 (P) and 38 (P), Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana a) Plaster Sand b) River Sand

a) 1500 MT b) 1500 MT

a) 20 Lakhs b) 60 Lakhs

9 M/s. HCL Technologies Ltd (unit-2) in M/s. Phoenix InfocityPvt. Ltd, IT/ITES SEZ at Sy. Nos. 30 (P), 34 (P), 35 (P) and 38 (P), Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana a) Sand/Robo Sand b) Sand/River Sand

a) 6 MT b) 6 MT

a) 21,000/- b) 9,000/-

The units will be asked to comply with the instructions laid down in DOC Letter dated 18.5.2020. Hence, necessary approval may kindly be obtained from the BoA.

Recommendations of DC, VSEZ: DC, VSEZ has recommended the proposals. Item no. 100.6(ix) Procurement of Sand/Soil by SEZ Developers and SEZ units and ratification of approval granted under Delegation of Powers granted to Development Commissioner.

nded the proposals. Item no. 100.6(ix) Procurement of Sand/Soil by SEZ Developers and SEZ units and ratification of approval granted under Delegation of Powers granted to Development Commissioner.

As per the directions of DoC, the requests of the SEZ units for procurement of restricted items viz., sand/soil from DTA for undertaking the infrastructural activities in SEZs has been

considered and approval granted in terms of the provisions of Rule- 27 of SEZ Rules’2006 under the delegation of powers granted to Development Commissioner.

Accordingly, DC VSEZ has furnished a statement showing the list of permission/approval granted to SEZ units/SEZ developers for procurement of Sand/Soil and other Infrastructure material for undertaking authorized operations in SEZ, in terms of provisions of Rule – 27 of SEZ Rules 2006 under delegation of powers to Development Commissioner vide letter dated 18.05.2020.

Sl. No. Name of the DeveloperUnit Name of the SEZ Material Permitted quantity

Date of approval 1 M/s. PharmaZell (India) Pvt. Limited Ramky SEZ Sand 33 MT 18.06.2020 2 M/.s QuartzKraft LLP APIIC Bldg. Product SEZ River/Robo/Mining/Washing Sand 1000 MT 27.05.2020 3 M/s. QuartzKraft LLP APIIC Bldg. Product SEZ Soil 300 MT 27.05.2020 4 M/s. Krishna Sai Exports APIIC Bldg. Product SEZ Sand 150 MT 10.06.2020 5 M/s. Krishna Sai Exports APIIC Bldg. Product SEZ Soil 100 MT 10.06.2020 6 Pooja Scrap Industries VSEZ Sand 10 MT 13.07.2020 7 M/s. Lee Pharma VSEZ Sand 100 MT 15.06.2020 8 M/s.

150 MT 10.06.2020 5 M/s. Krishna Sai Exports APIIC Bldg. Product SEZ Soil 100 MT 10.06.2020 6 Pooja Scrap Industries VSEZ Sand 10 MT 13.07.2020 7 M/s. Lee Pharma VSEZ Sand 100 MT 15.06.2020 8 M/s. Pooja Scrap Industries VSEZ Sand 40 MT 01.06.2020

The request is submitted for ratification by the BoA. Item no. 100.6(x) Request of M/s. Indian Oil Corporation Limited, Southern Region Pipelines, Chennai for allotment of Land for setting up of Sectionalizing Valve (SV) Station and also pipeline corridor for connectivity of 6” Pipeline to M/s. Saint Gobain inside SIPCOT Industrial Park, SEZ Sriperumbudur, Kancheepuram (Dist), Tamil Nadu.

M/s. Indian Oil Corporation Ltd. is executing the natural gas pipeline project from Ennore to Tuticorin (ETBPNMTPL Project) for delivering the natural gas to industries in the hinterlands of Tamil Nadu. It is a project of national importance. As a part of the natural gas pipeline grid implementations, IOCL needs to set up a ‘Sectionalizing Valve cum Tap-off Point (SV+TOP) Station\ inside SIPCOT Hi Tech SEZ as per PNGRB (Petroleum and Natural Gas Regulatory Board) guidelines and supplying natural gas to the anchor customers in SIPCOT area. Accordingly, IOCL had requested SIPCOT for allotting land admeasuring 0.62 acre for setting up of SV+TOP station inside SEZ area of SIPCOT.

M/s. Indian Oil Corporation Ltd., Chennai has placed their request to SIPCOT to setup a Sectionalizing Valve cum Tap-off Point (SV+TOP) Station inside the SEZ to further supply natural gas to their anchor customers (M/s. Saint Gobain Ltd.

has placed their request to SIPCOT to setup a Sectionalizing Valve cum Tap-off Point (SV+TOP) Station inside the SEZ to further supply natural gas to their anchor customers (M/s. Saint Gobain Ltd. and M/s. Hyundai Motors Ltd.):

i. Land for setting up of ‘Sectionalising Valve cum Tap-off Point (SV+TOP) Station. ii. Permission for laying 6” underground pipeline for 1.4 km in the SEZ area along one edge of the internal road leading to M/s. Saint Gobain Ltd.

SIPCOT has accorded in principle allotment at Plot No. DV-9/1 measuring 0.62 acre in the area of SIPCOT Hi Tech SEZ at the prevailing commercial rate on normal terms and conditions, subject

to approval from the DC, MEPZ SEZ for setting up of Sectionalizing Valve and Tap-off Point (SV+TOP) Station vide letter dated 11.02.2020 within 90 days from the date of issue to issue the regular allotment order.

Considering the urgency and importance of the said allotment, the Secretary, Ministry of Petroleum and Natural Gas vide DO letter dated 03.08.2020 has requested the Secretary, Dept. of Commerce for expeditious issuance of NOC to IOCL. It is pertinent to mention here that the project is being monitored at the higher levels of Govt. of Tamil Nadu and Govt. of India as well.

M/s. Indian Oil Corporation Ltd. has also requested SIPCOT to accord permission to them for laying of 6” natural pipeline along the internal SIPCOT road for a distance of 1.4 km in the SEZ area from the existing CTMPL pipeline to facilitate supply of natural gas to their various anchor customers.

f 6” natural pipeline along the internal SIPCOT road for a distance of 1.4 km in the SEZ area from the existing CTMPL pipeline to facilitate supply of natural gas to their various anchor customers. Therefore, SIPCOT has issued directions to the Project Officer, SIPCOT Industrial Park, Sriperumbudur to accord necessary permission to M/s. IOC Ltd. for the same, subject to collection of applicable track rent and other terms and conditions.

DC, MEPZ has stated that there is no explicit provision in the SEZ Act/Rules for such allotment of SEZ land in the processing area of SEZ to entity without an LOA. In this instant case, IOCL does not hold any valid LoA but they require the allotment of a portion of land at Plot No. DV-9/1 measuring 0.62 acre for setting up of their Sectionalizing Valve (SV) station in SEZ at SIPCOT SEZ, Sriperumbudur. It is a project of national importance and being monitored at the higher levels of both Central and State Governments.

It has further been informed that the Authorised Officer of the SIPCOT Hi Tech SEZ, Sriperumbudur has carried out physical inspection along with the Project Officer, SIPCOT and the Asst. Manager of IOCL (Project) on 14.07.2020. In his report, the Authorised Officer of the SEZ stated that the area of 0.62 acre falls in Plot DV-9/1 of SIPCOT Hi Tech SEZ Sriperumbudur, it does not fall under the Open Space Reservation (OSR) area and the area is still a vacant land coming under the Processing area of the SEZ.

Recommendation by DC, MEPZ:

The request of M/s.

it does not fall under the Open Space Reservation (OSR) area and the area is still a vacant land coming under the Processing area of the SEZ.

Recommendation by DC, MEPZ:

The request of M/s. Indian Oil Corporation Limited, Southern Region Pipelines, Chennai for allotment of SEZ land measuring 0.62 acre in Plot DV-9/1 at SIPCOT Hi Tech SEZ, Sriperumbudur for setting up of Sectionalizing Valve cum Tap-Off Point Station (SV+TOP) and permission for laying 6” underground pipeline along one edge of the internal road leading to M/s. Saint Gobain Ltd. is recommended to the placed before the BoA, for consideration.

Item no. 100.6 (xi) Reconsideration of extension/renewal of LoA of M/s Sameer Industries in pursuance to the directions of the Hon’ble High Court of Gujarat at Ahmedabad in Special Civil Application No. 13735 of 2019 .

M/s Sameer Industries was issued LOA dated 23.09.1995 for “Manufacture of Recycled Items from imported scrap such as Mild Steel Scrap, Heavy Melting Scrap, Cast Iron Scrap, Copper, Brass, Aluminium and other Minor Metal Scrap, etc ” and commenced their production within the year. The unit was given permission for broad-banding for “cleaving of rough diamonds” and “processing of cereals, oil seeds and agro products”. The renewal of LoA was due w.e.f. 01.11.2005 which was not considered for want of clearance from GPCB for consent and authorization. Gujarat Pollution Control Board issued the NOC on 24.10.2008.

. The renewal of LoA was due w.e.f. 01.11.2005 which was not considered for want of clearance from GPCB for consent and authorization. Gujarat Pollution Control Board issued the NOC on 24.10.2008.

In the 33rd meeting of the BoA held on 02.06.2009 , the unit was granted an extension of LoA for a period of five years viz. 31.10.2005 to 31.10.2010. Thus, in effect, the validity left for operation of the unit was only for the period between 02.06.2009 to 31.10.2010. The unit again applied for further extension on 30.11.2010 which was rejected by BoA in its 44th meeting held on 14.01.2011 on the ground that there was no activity during the last five years. The request for renewal of the unit was deliberated in the 61st meeting of the BoA held on 03.04.2014 keeping in view the certificate issued by GPCB which was valid upto 20.08.2014 and the positive NFE achieved by the unit in the previous block of five years as stated by DC, KASEZ. The Board, after deliberations, extended the validity of the LoP for a further period of two years from 03.04.2014 upto 02.04.2016 subject to the following conditions:-

i. The extension of LoA would be subject to further extension of their permission by GPCB beyond 20.08.2014. ii. The extension of LoA would be subject to fulfilment of all the conditions mentioned in GPCB’s permission and other usual conditions of LOP. iii. The extension of LoA was only i.r.o. items and quantity indicated in the original LoA and no broad-banding of any other item shall be allowed.

’s permission and other usual conditions of LOP. iii. The extension of LoA was only i.r.o. items and quantity indicated in the original LoA and no broad-banding of any other item shall be allowed.

The Board also directed DoC to come up with the policy for such recycled items in a time bound manner.

Thereafter, the request of the unit for further extension of LoA was considered in the 71st meeting of the BoA held on 22.06.2016 wherein the Board deferred the proposal and directed DC, KASEZ to verify the correct block of five years and verify the NFE performance of the unit during that period. The matter was again placed before the Board in its 72nd meeting held on 12.08.2016 along with the details of NFE performance and correct block of five years. The Board, after deliberations extended the validity of the LoP for the remaining period of 5 year block till 02.04.2019 subject to the conditions recommended by DC, KASEZ i.e.

i. The extension of LoP would be subject to fulfilment of all the conditions mentioned in GPCB’s permission and other usual conditions of LoP. ii. No broad banding of any other item shall be allowed. iii. The pending export obligation of previous two years shall be achieved during next further period of three years. iv. No import of any items falling under the schedule VI of new HW(MH&TM) Rules, 2016 w.e.f. 04.04.2016 which is prohibited for import shall be allowed.

during next further period of three years. iv. No import of any items falling under the schedule VI of new HW(MH&TM) Rules, 2016 w.e.f. 04.04.2016 which is prohibited for import shall be allowed.

The proposal of the unit for renewal of LoA for next five years in terms of Rule 18(4) (d) of SEZ Rules, 2006 was considered by the Board of Approval in its 89th meeting held on 22.04.2019 . As per proposal dated 10.04.2019 furnished by DC, KASEZ :

The proposed export and NFE details for next five years:

FOB Valur of Export Rs.4912 lakhs Forex Outgo Rs.4000 lakhs NFE Earning Rs.912 lakhs

As per APRs submitted by the unit performance in the last five years was as follows:

Rs. In lakhs Year Export (including other NFE entitlements) Forex Outgo NFE earning 2014-15 342.60 659.70 -317.10 2015-16 921.25 1129.00 -207.75 2016-17 41.04 46.47 -5.43 2017-18 296.16 270.62 25.54 2018-19 NA NA NA Total 1601.05 2105.79 -504.74

DC, KASEZ had not recommended the proposal for extension of LoA of the unit.

07.75 2016-17 41.04 46.47 -5.43 2017-18 296.16 270.62 25.54 2018-19 NA NA NA Total 1601.05 2105.79 -504.74

DC, KASEZ had not recommended the proposal for extension of LoA of the unit. The Board noted that there was an instance of violation of Customs Act, 1962 in the year 2005 by the unit wherein the jurisdictional Kandla Customs Authorities booked a case for illegal importation and DTA clearance of “druid” grade, copper scrap and jelly filled copper cables restricted for import and allowed to be sold in DTA only to registered CPCB recyclers and also seized the goods lying in the premises and that only after payment of all the duties and penalties and redemption fine as per the CESTAT Order , the seizure was vacated and the goods were ordered to be cleared only to CPCB registered recyclers.

Further, it was noted that unit was issued SCN dated 03.07.2017 for mis-declaration for providing false information in their APR for the year 2005-2006 and that a complaint against the Chartered Accountant was also made by department to Institute of Chartered Accountant for taking appropriate action against the Chartered Accountant for certifying false APR.

It was also noted that unit consistently failed to achieve positive NFE both during the period 2005-2010 and 2014-2019 (for period 2010-2014 LoA was not renewed by BoA). The Board, after deliberations decided to reject the proposal in terms of Rule 18(4) (d) of the SEZ Rules, 2006, which reads as follows:

9 (for period 2010-2014 LoA was not renewed by BoA). The Board, after deliberations decided to reject the proposal in terms of Rule 18(4) (d) of the SEZ Rules, 2006, which reads as follows:

Consideration of proposals for setting up of Unit in a Special Economic Zone (4) No proposal shall be considered for – d)import of other used goods for recycling:

Provided that extension of Letter of Approval for an existing unit shall be decided by the Board: Provided further that reconditioning, repair, and re-engineering may be permitted subject to the condition that exports shall have one to one correlation with imports and all the reconditioned or repaired or re-engineered products and scrap or remnants or waste shall be exported and none of these goods shall be allowed to be sold in the Domestic Tariff Area or destroyed;

The said SCA was filed by the petitioner with the prayer seeking quashing and setting aside the decision of the BoA as held in its 89 th meeting and for direction to BoA/UAC to allow the petitioner’s application to renew and extend the period of operation on the following grounds:

(i) No proceedings under Section 16 of the SEZ Act have been initiated against the petitioner and no order cancelling LoA has been made. The decision of the BoA not allowing to continue SEZ operations was wholly illegal and without jurisdiction.

t have been initiated against the petitioner and no order cancelling LoA has been made. The decision of the BoA not allowing to continue SEZ operations was wholly illegal and without jurisdiction.

(ii) That the BoA has exercised the powers conferred upon the Approval Committee that the show cause notice was still undecided and pending for hearing and adjudication. The petitioner alleged that the unit operating for more than two decades cannot be shut down without affording any opportunity of hearing or submitting explanation.

(iii) The case initiated by Customs in 2005 involving import of druid copper scrap and similar scrap stands settled with redemption fine of Rs.3,00,000/- and penalties aggregating to Rs.50, 000/- only.

(iv) No adjudication was conducted even after two years on the SCN issued in June-July, 2017 for misdeclaration and false information in APR. The allegations were insignificant and immaterial.

(v) The petitioner has paid an amount equal to 1% of the shortfall in NFE and therefore the lapse or irregularity in regard to positive NFE that occurred because of circumstances beyond their control stands regularized. BoA has no jurisdiction to consider this factor as a relevant reason for rejecting the petitioner's application for extension and renewal.

DC KASEZ vide letter dated 14.08.2020 informed that the Hon'ble High Court vide oral judgment dated 30.01.2020 has quashed and set aside the decision of the BoA taken in its 89th meeting held on 22.04.2019.

de letter dated 14.08.2020 informed that the Hon'ble High Court vide oral judgment dated 30.01.2020 has quashed and set aside the decision of the BoA taken in its 89th meeting held on 22.04.2019. The observation and operative part of the judgment are as follows:

"7. A bare reading of minutes recorded by the Board of Approval rejecting the application of the petitioners would go to mean that the letter of approval dated 2nd April 2014 is cancelled, having consequences as those provided under Section 16 of the SEZ Act, 2005. Section 16 of the SEZ Act, 2005 also refers to affording reasonable opportunity of being heard prior to cancellation of the letter of approval granted in favour of an entrepreneur.

  On perusal of the facts of the case, it is not in dispute that no opportunity of being

heard was afforded to the petitioners before taking decision in the 89th meeting of the Board of Approval held on 22nd April, 2019. We are, therefore, of the view that the decision on the renewal/extension of the letter of approval, which has a consequential effect of cancelling letter of approval, is in breach of the Section 16 of the SEZ Act, 2005.

that the decision on the renewal/extension of the letter of approval, which has a consequential effect of cancelling letter of approval, is in breach of the Section 16 of the SEZ Act, 2005.

   In such circumstances, the petition is required to be allowed only on this ground,

without expressing any opinion on merits, by quashing and setting aside the decision taken by the Board of Approval in the 89th meeting held on 22nd April, 2019 qua the petitioners with a direction to reconsider the case of the petitioners after giving reasonable opportunity of hearing so as to adhere to the principles of natural justice.

    In that view of the matter, the petition succeeds and is accordingly allowed. The

impugned decision of the Board of Approval taken in the 89th meeting held on 22nd April, 2019 qua the petitioners is quashed and set aside and we remand the matter back to the Board of Approval to reconsider the application filed by the petitioners for renewal/extension of letter of approval, which was renewed on 2nd April, 2014 and extended up to 2nd April, 2019, after giving adequate opportunity of hearing to the petitioners .

e petitioners for renewal/extension of letter of approval, which was renewed on 2nd April, 2014 and extended up to 2nd April, 2019, after giving adequate opportunity of hearing to the petitioners . The Board of Approval is expected to carry out such an exercise within a period of three months from the date of receipt of the writ of the order of this Court..."

On the request of this Department, DC, KASEZ has obtained the legal opinion from the ASG in this matter and vide their letter dated 15.09.2020 has informed that as per the legal opinion from the ASG, High Court of Gujarat, the order passed by the Hon’ble High Court of Gujarat is not

required to be challenged by way of SLP before the Hon’ble Apex Court. This Department has further been informed that the limitation period will start from 06.08.2020 when the order was downloaded or from the copy of order served by the petitioner, in both the cases, the BoA is expected to carry out such exercise within a period of three months from the receipt of order.

        Submitted for consideration of the Board of Approval.

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Agenda for the 100th meeting of the BoA scheduled to be held on 25.09.2020

(b) Investment made so far & incremental investment since last extens ion:- S. No.Type of Cost Total Investment made so far (Rs. in Crore) Incremental investment si nce last extension (Rs. in Crore) 1 Land Cost 44.91

S. No. Type of cost Total investment made so far (Rs. In lakhs) upto as on date Incremental investment (Rs. In lakhs) since last extension 1 Land cost 1462.63

blocks measuring built up area of 2,42,140 sq.mtr) 2 Development of other infrastructure (Specify)

--

(c) Details of physical progress till date: S. No. Authorised activity % completion as on date % completing during last one year Deadline for completion of balance work 1 Roads 45 5 30.09.2021 2 Build up processing area 40 2 31.03.2022 3 Electrical works 8 3 31.03.2022 4 Tele-communications

-- 31.03.2022 5 Air conditioning & others

S. No. Type of Cost Total Investment mad e so far (Rs. in crores) Incremental investment sinc e last extension (Rs. in crore) 1 Land cost 6.21

vestment mad e so far (Rs. in crores) Incremental investment sinc e last extension (Rs. in crore) 1 Land cost 6.21

3.1 Tangible Fixed Assets (Incl. material and civil work) 3,530.34 -0.51 3,529.83 3.2 Intangible Fixed Assets (Software License) 1.3

1.3 3.3 Technology, License & Construction Related Fees 545 0.05 545.05 3.4 Legal & Professional Fees and Guarantee Commission 293.22

293.22 3.5 Miscellaneous expenses (Power, Diesel, Admin exp., Rent, Travel) 300.65 70.12 370.77 3.6 Borrowing cost (interest) 947.79 258.57 1,206.36 3.7 Foreign Exch. Fluctuation 148.02

Description Of Goods ITC HS Code Description of goods as per DGFT Import Policy ( website) Import/ Export P olicy Policy Condition 1 Fuel Oil 27101951 to 27101959 Fuel Oil conforming Standard IS 1593: Grade LV, Grade MV1, Grade MV2, Grade HV Import Free Export-Free

2 Furnace Oil (Fuel Oil) (Grade: FO 381/FO 180) & L SFO 0.5% 27101990 Other Import Free Export-Free

3 Base Oil 27101971 Fuels (class-F) or marine fuels conforming to standard IS 16731: Base Oil Import Free Export-Free

Description Of Goods ITC HS Code Description of goods as
per DGFT Import Policy ( website) Import/ Export P olicy Policy Condition 1 Fuel Oil 27101951 to 27101959 Fuel Oil conforming
Standard IS 1593: Grade LV, Grade MV1, Grade MV2, Grade HV Import Free Export-Free

2 Furnace Oil (Fuel Oil)
(Grade: FO 381/FO 180) & L SFO 0.5% 27101990 Other Import Free Export-Free

3 Base Oil 27101971 Fuels (class-F) or marine
fuels conforming to
standard IS 16731: Base Oil Import Free Export-Free