Agenda of 18th BOA meeting 18th September, 2007

(YOGENDRA GARG) Director Tel: 2306 3434 E-mail: v.garg@nic.in 1.Central Board of Excise and Customs (Shri Devender Dutt, Member (Customs), Department of Revenue, North Block, New Delhi.(Fax: 23092628) 2.Central Board of Direct Taxes (Shri Dinesh Verma, CIT (ITA), Department of Revenue, North Block, New Delhi. (23095479) 3.Ministry of Finance (Shri Rakesh Singh, Joint Secretary), Banking Division, Department of Economic Affairs. (Fax: 23367702/23360250) 4.Department of Industrial Policy and Promotion (Shri Gopal Krishna, Joint Secretary). 5.Ministry of Science and Technology (Dr. Laxman Prasad, Adviser & Head (TDT & NSTMIS), Technology Bhavan, Mehrauli Road, New Delhi. (Telefax: 26510686) 6.Additional Secretary and Development Commissioner (Small Scale Industry) (Shri Jawhar Sircar), Room No. 701, Nirman Bhavan, New Delhi. (Fax: 23062315) 7.Department of Information Technology (Shri M. Madhavan Nambiar, Additional Secretary), Electronics Niketan, 6, CGO Complex, New Delhi. (Fax: 24363101) Kindly refer to this Department's Office Memorandum of even number dated 14th August 2007, informing about the above mentioned meeting. Agenda for the meeting is enclosed. 2. You are requested to kindly make it convenient to attend the meeting. OFFICE MEMORANDUM :^ Agenda for the meeting of the Board of Approval scheduled to be held on 18th September, 2007 at 3.00 P.M. in Room No. 108, Udyog Bhavan, New dielhi- Reg. Udyog Bhawan, New Delhi Dated the 3rd September, 2007 No. F. 2/8/2007-SEZ Government of India Ministry of Commerce and Industry Department of Commerce (SEZ Section)

8- Ministry of Home Affairs (Shri L.C Goyal, Joint Secretary), North Block, New Delhi. (Fax: 23093153) 9.Ministry of Defence (Shri Anand Misra, Joint Secretary (Coordination). (Fax: 23792043), South Block, New Delhi. 10.Ministry of Environment and Forests (Dr. Anand Kumar, Adviser), Room No. 554, Pariyavaran Bhavan, CGO Complex, New Delhi - 3. (Telefax: 24364592) 11.Legislative Department (Shri S.R.Dalheta, Joint Secretary and Legislative Counsel, Room No. 430, A-Wing, Shastri Bhavan, New Delhi). (Fax: 23384832) 12.Ministry of Overseas Indian Affairs (Shri G. Gurucharan, Joint Secretary (FS), Akbar Bhawan, Chankyapuri, New Delhi. (Fax: 24674140) 13.Department of Urban Affairs, Town Country Planning Organisation, (Shri J.B.Kshirsagar, Chief Planner), Vikas Bhavan (E-Block), I.P. Estate, New Delhi. (Fax: 23073678/23379197) 14.Director General of Foreign Trade (Shri R.S.Gujral, DG), Department of Commerce, Udyog Bhavan, New Delhi. 15.Shri L.B. Singhal, Director General, Export Promotion for EOUs/SEZ Units, 705, Bhikaji Cama Bhavan, Bhikaji Cama Place, New Delhi - 110 066. (26165538). 16.Dr. Rupa Chanda, Professor, Indian Institute of Management, Banglore, Bennerghata Road, Banglore, Karnataka 17.Development Commissioner, Noida Special Economic Zone, Noida. 18.Development Commissioner, Kandla Special Economic Zone, Gandhidham. 19.Development Commissioner, Falta Special Economic Zone, Kolkata. 20.Development Commissioner, SEEPZ Special Economic Zone, Mumbai. 21.Development Commissioner, Madras Special Economic Zone, Chennai 22.Development Commissioner, Visakhapatnam Special Economic Zone, Visakhapatnam 23.Development Commissioner, Cochin Special Economic Zone, Cochin 24.Development Commissioner, Indore Special Economic Zone, Madhya Pradesh. 25.Government of Andhra Pradesh (Shri B. Sam Bob, Principal Secretary and CIP), Industries and Commerce Department, A.P. Secretariat, Hyderabad - 500022. (Fax: 040-23452895). 26.Government of West Bengal (Shri Sabyasachi Sen, Principal Secretary (Commerce and Industries), Writers Building, Kolkata - 744010 (Fax: 033- 22144371). 27.Government of Haryana (Shri P.K. Chaudhury, Financial Commissioner and Principal Secretary), Department of Industries, Haryana Civil Secretariat, Chandigarh (Fax: 0172-2740526). 28.Government of Gujarat (Dr. D. Rajagopalan, Principal Secretary) Industries and Mines Department Sardar Patel Bhawan, Block No. 5, 3rd Floor, Gandhinagar - 382010. (Fax: 079-23250844). 29.Government of Maharashtra (Shri V.K. Jairath, Secretary) Industries, Energy and Labour Department Mantralaya, Mumbai - 400 032. (Fax: 022-22824446). 30.Government of Karnataka (Shri K.M.Shivakumar Principal Secretary), Commerce and Industries Department, Room No. 106, Vikasa Soudha, Bangalore - 560001 (Fax: 080-22259870).

31.Government of Tamil Nadu (Shri ShakthiLanta Das, Secretary (Industries)), Fort St. George, Chennai - 600009 (Fax: 044-25670822). 32.Government of Orissa (Shri I. Srinivas, Commissioner-cum-Secretary Industries), Orissa Secretariat, Bhubaneshwar - 751001 (Fax: 0671- 536819/2406299. 33.Government of Uttar Pradesh (Smt. Arrhana Agarwal, Secretary), Lai Bahadur Shastri Bhawan, Lucknow - 226001 (Fax: 0522-2238255).

Item No. 1: Proposals for setting up of SEZs A list of proposals for setting up of the SEZs is at Annexure-1 for consideration of the Board of Approval. Item No. 2: Requests for co-developer: (i) Request of N^s. TAPP Semiconductor India Pvt. Ltd. for co-developer in the electronics/telecom hardware SEZ at Sriperumbudur, Tamil Nadu proposed to be developed by SIPCOT The above mentioned SEZ was notified on 22nd December 2006, on an area of 189.77 hectares. M/s. TAPP Semiconductor India Pvt. Ltd. has submitted a proposal for co-developing an area of 20.243 hectares. It is stated that SIPCOT is die owner and in possession of the proposed side. Necessary land as per the proposal in being leased by SIPCOT to TAPP Semiconductor Pvt. Ltd. A Memorandum of Understanding between the developer and co-developer has been provided. The proposal was considered in the meeting of the Board of Approval held 8* August, 2007 and was deferred as the information regarding net worth of the co-developer was not available. The same has been provided and it has been certified that the net worth of TAPP Semiconductor India Private •ft-Limited, taking into account the market value of the assets owned by the company as an date will Rs. 70 crores. The net worth of the promoters, taking into account the market value of assets held by them as on date will be Rs. 14 crores. The proposal is now submitted for consideration of the BOA. <fi) Kwpreat ©T&Vs. ^^n* Sytfems T51 (India) United for co-developer In the nymsS EZ t CoUnbaton proposed to be developed by Coimbatore Hi- tech Infrastructure Private limited The above mentioned SEZ was notified on 9^ November, 2006 over an area of 34.66 hectares. M/s. Perot Systems TS1 (India) Limited has submitted a request for co-developer in the SEZ for developing 2.9 hectares area. An agreement dated 8th August, 2007 between the developer and co-developer has been provided. The request is submitted for consideration. Agenda for the meeting of the Board of Approval scheduled to be held on 18th September 2007

(iii) Urban Communications Infrastructure Private limited as co-developer of NM SEZ Private Limited The proposal is for seeking approval as co-developer for creating/building, developing, maintaining, supplying, operating, (ii) Urban Water Supply Private Limited as co-developer of NM SEZ Private Limited The proposal is for seeking approval as co-developer for undertaking the infrastructure related to abstraction, treatment, distribution, desalination, recycling, rain harvesting, creating water source, develop waste water system, sewerage, solid waste management and related infrastructure and all other activities incidental to water for the purpose of construction, fire fighting, landscaping, portable, non-portable, industrial domestic, i .• aaai^^ a i * .t ... . .... a . . .^.^ ^. . * .^rf ., _v H..J,r-.'-1- arM^ a • g MHHlwn Ml. WvutfKIUnU BSB^c- A MfSnuFAnuUln Ot ^P^WT^i^Wfin^ ^rm^^1 8 November, 2006 between foe developer and co-developer has been provided. (i) Urban Infotech Solutions Private Limited as co-developer of NM SEZ Private Limited The proposal is for seeking approval as co-developer for plan, establish, develop, provide, operate, manage, maintain, deal, supply take on lease, given on lease, hire or let on hire and to carry on the business of information. Communication and Entertainment (ICE) services like internet. Hosting, ASP, MSP, E-Commerce, Cable, value added services and other like forms of ISP services. A Memorandum of Understanding dated 8* November, 2006 between the developer and co-developer has been provided. -a- (iii) Proposal for co-developers in the multi product SEZ to be developed by NMSEZ Development Company (formerly CIDCO) Fonnal approval was granted for setting up of multi product SEZ by Navi Mumbai SEZ Private Limited, in the meeting of the Board of Approval held on 12th July, 2007. Seven following companies have applied for nomination as co- developer in the SEZ proposed to be developed by NM SEZ Private Limited. The details of these companies along with the operations proposed to be carried by these co-developers are as follows:

(vi) Urban fofatntctore Constructions Private limited as co^evefeper <rf NM &BZ Private limited The proposal is for seeking approval as co-developer for construction of infrastructure related to industrial paries, pre-bu i 11 factories, international business center, commercial and residential buildings, schools, colleges, hospital, entertainment, sports, and recreation facilities etc. and other activities incidental to foe development, operation and maintenance of SEZ. A Memorandum of Understanding dated 8* November, 2006 between foe developer and co-developer has been provided. (v) Urban Energy Generation Private Limited as co-developer of NM SEZ Private Limited The proposal is for seeking approval as co-developer for undertaking the development of infrastructure related to setting up power plant (s) in the SEZ to generate, harness, develop, accumulate, supply electric, thermal and hydro energy or any other form of energy/ power from coal, gas, oil, hydrocarbons, sunlight, wind, tide or any other renewable energy source. A Memorandum of Understanding dated 8* November, 2006 between foe developer and co-developer has been provided. (iv) Urban Energy Transmission Private Limited as co-developer of NM SEZ Private Limited The proposal is for seeking approval as co-developer for undertaking the infrastructure related to operations and maintenance of facilities for transmission of all forms of energy/power and to establish, construct, operate, maintain and develop power transmission system, cable, wires, lines, etc. A Memorandum of Understanding dated 8* November, 2006 between the developer and co-developer has been provided. managing, take and give on lease, hire or let on hire on the business of running infrastructure for - telecommunication, telecommunication systems, telecommunication network and telecommunication services of all kinds including telex, wireless, telephony, data communication, telematics and other like form of communications, transmission, emission or reception facilities in connection with any mode of communication. A Memorandum of Understanding dated 8th November, 2006 between the developer and co-developer has been provided. -3-

(vii) Urban Energy Distribution Private Limited as co-developer of NM SEZ Private Limited The proposal is for seeking approval as co-developer for undertaking foe infrastructure related to operations and maintenance of facilities for distribution and supply of electric, thermal and hydro energy or any other form of energy/power and to establish, construct, operate, maintain and develop distribution system, cables wires, lines, etc. A Memorandum of Understanding dated 8th November, 2006 between foe developer and co- developer has been provided. The above mentioned proposals were deferred for want of details regarding investment and net worth. The co-developers have now provided foe details which are attached at Annexure - 2. The proposals are submitted for consideration. Item No. 3: Request of M/s TIDCO for ratification and for extension of validity period of in-principle approval granted for multi-product ^EZ in Krishnagiri, Tamil Nadu Board of Approval at its meeting held'on 25.11.2005 decided to recommend foe proposal for setting up of a multi product SEZ in Krishnagiri District of Tamil Nadu by M/s. Tamil Nadu Industrial Development Corporation Ltd. over an area of 1100 hectares for grant of in principle approval and foe letter of approval was issued on 27* December, 2005. LOA was valid for one year within which time foe developer was required to submit detailed proposal for fonnal approval. The one year validity period expired on 26* December, 2006. M/s. Tamil Nadu Industrial Development Corporation has submitted a request vide letter dated 24.7.2007, for grant of extension of time for further force years and also to enlist foe proposal in foe Hst of in principle approval granted under foe SZ Act, 2005.' TIDCO has selected its Joint Venture partner viz. M/s.. GMR infrastructure Ltd. far implementing foe project and it is proposed to complete tiie procurement of lands that may be required to meet the minimum area for a multi product SEZ as per foe guidelines of Government of India by 2008 and commence construction activities for the projects. Following proposals are now submitted for consideration of the BoA: -k-

(i) Grant of extension of the validity period for the in principle approval granted for setting up a multi product SEZ in Krishnagiri District of Tamil Nadu by M.S. Tamil Nadu Industrial Development Corporation Ltd. for a period of two years i.e. up to 26th December, 2008. (ii) Ratification of the in principle approval under the SEZ Act, 2005. Item No. 4: Requests for increasinj^decreasing the area of the SEZs: (i) Request of M/s. Orissa Industrial Infrastructure Development Corporation (IDCO) for increasing area of the IT SEZ at Khurda, Orissa. IT SEZ at Khurda, Orissa proposed to be developed by IDCO was notified on 18* May, 2007, on an area of 69.15 hectares. IDCO has now informed that there is a patch of land admeasuring 0.81 hectares which was not included in the SEZ due to some pending litigation and existence of a building. It is further informed that the ongoing litigation has now ended. IDCO has requested for approval for inclusion of this patch of land in the existing SEZ. The developer has assured that they will not any SEZ benefits/ incentives hi respect of the existing building on the plot. The request of IDCO for increasing the area of the existing notified SEZ by 0.81 hectares is submitted for consideration of the BOA. Item No. 5: Requests for transfer of approvals (i) Request of Mjs. QuEST Machining and Manufacturing Private Limited for transfer of in-principle approval in the name of SPV. In-principle approval was granted for setting up of a sector specific Special Economic Zone for auto, aerospace and industrial engineering at Belgaum, Karnataka by M/s. QuEST Machining and Manufacturing Private Untiled, in the meeting of the Board of Approval held on 8* August 2006. The ^pproval letter was issued on 23.8.2006. Subsequently, the sector of the proposed ifiCT^ff• - -U..^^i iff 1^^ ^fc A . • ^. - . . ^^ • - ff ,-ff •^W*•. S^^^^u^ ^a^ sm1. wascnAMgouK) wnmaCTure rcecuHcn anguwertng rrocnicr. The developer has staled that foe company has decided to undertake foe development of foe SEZ though a Special Purpose Vehicle namely, QuEST SEZ Development Private Limited. Ihe developer has requested that in-principle approval granted to the earlier company may be transferred in favour of SPV i.e. QuEST Development Private limited. The above proposal was considered in foe meeting of the Board of Approval held on 8* August, 2007 and was deferred as details in regard to foe -s -

• 6- net worth of the SPV company was not available. The developer has now submitted that the net worth of Quality Engineering and Software Technologies Private Limited, which is the holding company, is certified as Rs. 51.80 crores. The developer has also provided a copy of the agreement entered into between Quest SEZ Development Private Limited and the land owners. The proposal is now submitted for consideration of the Board of Approval. (ii) Request of M/s. APIIC for transfer of developer status to L&T Hitech City Limited for developing IT/ITES SEZ at Keesarapalli Village, Krishna District, Andhra Pradesh IT/ITES SEZ at Keesarpalli Village, Krishna District, Andhra Pradesh, was notified on 15th January, 2007 on an area of 12 hectares. APIIC has now informed that a Special Purpose Vehicle in the name of 'L&T Hitech City Limited' has been incorporated for development of IT SEZ. APIIC has also informed that the physical possession of land for development has been handed over to the SPV Company fin* development. APIIC has requested to transfer the developer status from APIIC to the SPV Company. The request of the developer is submitted for consideration. Item No. 6: Requests for Authorized operations. (i) Request of NVs. Orient Craft Infrastructure Limited for authorized operations in the textile SEZ at Gurgaon, Haryana The above mentioned SEZ was notified on 13th April, 2007 on an area of 114.8318 hectares. The request of M/s. Orient Craft Infrastructure Limited for authorized operations is at Annexure -3 and is submitted for consideration of BOA. (il) Request of M/s. Wockhardt Infrastructure Development Limited for authorized operations in the Pharmaceuticals SEZ at Aurangabad, Maharashtra The above mentioned SEZ was notified on 17* April 2007 on an area of 107.06 hectares. The authorized activities in respect of the SEZ were approved in foe meeting of foe Board of Approval held on 8* August, 2007. The developer has submitted an additional list of activities in tile processing area which is at Annexure -4 and is submitted for consideration of BOA. (iii) Request of NVs. Serum SEZ Bio-tech Services Private Limited for increase in power generation capacity

In the meeting of the Board of Approval held on 8* August, 2007, power generation capacity of 5 MW was approved as authorized operations of foe co- developer viz Serum SEZ Bio-Tech Services Private Limited in Serum Bio- Pharma Park at Pune, Maharashtra. The developer has now submitted that they expect to generate 50 MW by 2011-12. In this regard, the developer has stated that 50 MW power generation is a time consuming activity and scaling up cannot be done on an immediate basis as there are common systems for higher capacity to be created right from the beginning even for scaling of the productivity. It is that foe requisite equipments are to be brought in now. In view of this, foe developer has requested to amend foe approval letter for increasing the power generation capacity from 5 MW to 50 MW. (iv) Request of IVVs. NUT Technologies for authorized operations in the IT/ITES SEZ at Greater Noida, Uttar Pradesh The above mentioned SEZ was notified on 29* May, 2007 on an area of 10.20 hectares. The proposal for social infrastructure proposed to be created in foe non-processing area of foe SEZ along with quantum and justification is given at Annexure - 5 and is submitted for consideration of Board of Approval. (v) Request of M/s. TSI Business Park (Hyderabad) Private Limited for authorized operations, as co-developer, in the IT/ITES SEZ at Nanakramguda, proposed to be developed by APIIC Proposal of M/s. TSI Business Park (Hyderabad) Private Limited as co- developer in the above mentioned SEZ was approved in foe meeting of the Board of Approval held on 26* April, 2007. The approval letter was issued on 7* May, 2007. M/s. TSI Business Park (Hyderabad) Private Limited has now submitted a request for authorized operations in foe zone, foe details of which are at Annexure -6. Item No. 7: Request of M/s. Unitech Haryana SEZ Limited fat extension Of validity period of in-principle approval for foe multi product SEZ at Sonipat- Komfli, Haryana fo-principle approval was granted to the Developer, M/b. Unitech Haryana SEZ Ltd., New Delhi for netting up of a multi product SEZ over an area of 4000 hectares at Sonepat-Kundli, Haiyana. The approval letter was issued on 03.04.2006. The LOA expired on 2nd April, 2007. The developer has applied for extension of validity of in-principle approval on 10* August, 2007 i.e. after the expiry of LOA. -7-

• 8 - In regard to steps taken for acquisition of land, the developer has informed that for implementing the project, they had signed a Joint Venture Agreement with the Haryana State Industrial Development Corporation Ltd. (HSIDC) on 04.04.2007. Accordingly, the Govt. of Haryana has been requested through HSIDC to notify the boundaries of the proposed SEZ. They are also interacting with HSIDC for arranging water supply for the SEZ. They have also reviewed the matter in view of the problems that have arisen in respect of acquisition of land for multi product SEZs. Hence they have decided to take up land acquisition as soon as the Govt. Policies on land acquisition and R&R are finalized. The request is submitted for consideration of the Board of Approval. Item No. 8: Request of M/s. APIIC for change of location for building product SEZ at Mahabbatnagar, Ranga Reddy District, Andhra Pradesh In-principle approval was granted for setting up of sector specific SEZ for building products at Mahabbatnagar, Ranga Reddy District, Andhra Pradesh, in file meeting of the Board of Approval held on 10* October, 2006. Approval letter was issued on 26* October, 2006. The developer has now requested for approval for change of location of the said SEZ from at Mahabbatnagar, Ranga Reddy District to Annangi Village, Prakasham District, as there is lot of demand for establishing a building product SEZ in Prakasham District. The request of the developer is submitted for consideration. Item No. 9: Request of NVs. ADF Foods Limited for extension of validity of letter of approval M/s. ADF Foods Limited was granted letter of approval dated 2nd May, 2006 by the Development Commissioner, Surat SEZ for establishing SEZ unit in Surat SEZ, for manufacturing activities subject to provisions of SEZ Act/Rules. Kandla SEZ has informed that the company did not submit the acceptance letter, accepting the terms and conditions of the LoA within a prescribed period of 45 day*. It is also informed that the company did not execute a Bond-cum-Legal Undertaking with the Development Commissioner. A show cause notice was issued and their letter of approval was cancelled by the Development Commissioner, Kandla SEZ vide letter 29* May, 2007. The company has now submitted an appeal against cancellation of their letter of approval. Thegounds tti appeal submitted by the company are at Annexure - 7 and the comments of Kandla SEZ on the appeal are at Annexure -J. The request of the company is submitted for consideration of the Board of Approval.

Item No. 10: Request of M/s. Maruti Exports seeking permission for broad banding for services to overseas entity. A representation has been received from M/s. Maruti Exports, Kandla SEZ, stating that they have a unit in foe Kandla SEZ with letter of permission for Made-up sets, comforter, pillow, ready made woven garments. Later on, they have been permitted to manufacture rags, and used clothing, agro-products. The export turnover for foe year 2005-06 was Rs.7.69 crores and Rs.15.25 crores in the current year. The company sought from Kandla SEZ for broad banding for service to overseas entity. The proposal for providing service to one of foe American companies and foe product of working is used shoes. The company has informed that foe Kandla SEZ has rejected their proposal. The company has now represented to this Department seeking permission for foe same. The issue was considered in foe meeting of foe Board of Approval held on 8* August, 2007, wherein it was decided to call foe comments of foe Ministry of Environment and Forests. Accordingly, their comments have been called for. The issue is submitted for consideration of foe Board of Approval. -9 -

New New New Status of applicati on Y Y Y State Govt. Recom mendat 13/8/2007 19/1/2007 12/7/2007 Date of receipt Land is partly acquired and acquisition is in pixwffby the Developer Yes Contiguou s laud area of 1074.1755 hectares. Partial possession Land Posession 2245 12.34 1074.1755 Area (hectares) Multi product Electron ks Hadrwa re and Softwar indudin gITES MuM product Product MH MH GJ State Villages Shirgaon, Koshimbe, Gaskopari, fttWaar, ChaudaiBai, ••* tafd. Bhatpuda, DoBv, KaMrali. Dtetrict Thane, Maharashtra Survey No. 127/1,127/2, 142/1,142/2, 142A142/4 Part A141/1 pariCharoii Budntk, Taluka HavelLZffla Pune, Maharashtra Mundra Taluka, District Kutch, Gujarat Location Privilege Power and Infrastruc tare Pvt. Limited Pride Infrastruc ture& SEZ Private Limited riundra Yrrtand Special Economic Zone Ltd. MPSEZL bevelope 3 2 1 SN Agenda for the meeting of the BOA - 18th September, 2007 _ \o -

New New New New New Y Y Y Y Y 09/04/2007 14/12/2006 26/9/2006 15/01/2007 16/04/2007 No No 8.094 hectares is in possession 37.93 hectares is in possession Yes 101.17 10 10.117 50 156 Textile Non- conventional energy including solar energy equipment/c ell IT/ITES rr/rrES Engineering gooUs GJ WB GJ MH GJ Near Village Bhamasara, Bavla - Bagodra Highway, Ahmedabad. Gujarat Kanksa, Panagarh, Dist- Burdwan, W.B. Gandhinagar , Gujarat Village Tivri and Rajawaii, Taluka Vasai, District Thane, Maharashtra Village Rampara & Lunsapur, Distrist Amreh, Gujarat Jilidal Worldwid e Limited ('JWL') Enfield Energy Ltd. Tata Consultan <y Services Limited (TCS) RNA Builders Complex Private Touted 8 7 6 5 4

(OfH/sJteGm Ltd. who horn of the titan holders In thh Compsny] Toetemtitetititdivtiap, pruwds.opsrtes.msnsge; mtinujn, date. mdPr. tebs at tease, gM on km, Hn or WonNreandtecarrronthetimlneeof tdtmneUuii, cunaiMilvtelon end Eiaalteiaiiaa (ICE) eervtces Me Memet Hosting. ASP.MSP, Et^mmera, Cat*, Value added services and other tire Items of ISP sendees. Urban InfMoch Solutions Pvt sr wan any mode of comnaateteiuii. Constnidian of Wrasbudure rotated to tedustnte perbs, pn JatiMMMhtJateBHttentihutineaa center, oammeedal a mtidmfltitatidsigs,hooh,aateeslBi Urban tehastrvdureCompsny Ltd. who Bone or the titter J Ud-ttimlstM ofteetiwr hohkrelnlM Ctsnpsny _tor ^ NHHBB5 faff tfW^^lHlon Of mk WfiTIS of enogy / power end to etiattish, eonslract, operate, maHten and develep power transnteaon system, cables, wires, hies etc. Uihan Bragy Dhtrfliulian Prt ltd. (Of M/s WCon: Ltd. who Is ere of the titan holders in It* Company 33884.M (Of M/s Jal Corp ltd.wholspni of the sttan hoUemmthis Company) it of rtfiasbucture related to eeomg up power plant (s) In the SEZ to generate, harness, develop, aoaaredtic sun* tietJric, thennal and hydro enerav er any other torn efenetgy / power ftenr ajal, gas, <4. Maratho^ anight, wind, tide or any other To undertake the infrastructure related to abstraction, treatment, distribution, desalination, recyding, rain harvesting, creating water source, develop waste water system, sewerage, solid waste management and related rtfrastrurture and el othes aaMSes incidental to water tor the purpose of censtruOion, Itreflgteng, landscaping, Urtwr Energy Generation Pvt Ltd Urfaan Water Supply Pvt Ltd. Net Worth (Rs. in Loos) (As on 31-03- Investment Proposed (Rs. in Lacs) Activities to be peiformed Name of Co-Developer A ^n ^arte Ye X-

• 12 - Details of Co- Developers of Navi Mumbai SEZ Pvt. Ltd., Navi Mumbai.

Contd....P/2 the Master Han for approval to Approval Ihe above estimate. Although the growth in hits direct nexus with growth in processing area concurrently and simultaneously. ike p r^^e 40,000 persons chiefly from rural area with sex i 40% and 60% would be employed. This figure n the operations In zone would be a turn over of fts.500 Crores within 2 years miencentent and shaft reach Rs.1600 Cnnes which means Rs.4SO crores shall be or Ka.40 crorcs per month which shall be spent It shall result hi Inception of additional ortnore. We need to subn t Committee based o creation of activities and both shall tal uty reach to 1/X),C| K) persons wher C. We expect Htinimuii ratio men and womgn maj at its peak. economic activity tti| he township of equivalent amount c at crational, Our project from the date of it when it is folly earned wages per month in the Ic of itl oom envisaj ed a 30%oftheFOBvaIU A. The Textiles manuf^cturing sector including garments, made ups and home furnishing, p^ocessing is highly labour intensive project specially in garment manuf^ :tpring. The cost of labour as input constitutes ^nufficturin Sub: Proposal for authoi zed operations in Sector Specific - Textiles SEZ by Orient Craft Infrastucture limited Bef: F-Z/S5/2005-EPZ^aed 07.06.2007 Dear Sir, Kindly refer to above, wd^ invite your kind attention towards the following facts which are interfacin^ our requirement and information requisitioned by you and furnish separately] on the enclosed format: The DirectorI (SEZ Section)j Ministry of Commerce & Wintry Udycg Bhawan New DelhiJ ; August 17, 20OA>> OCIL/SEZ/Letter/70/2007 305. 51-52. Gedortr House, Nehru Place, New Delhi - 110019 Tel. : 30823170/81 /82/83/84 Fax : 30823181 .AFT IMITED OR INFRA

• 13-

305, 51-52, Gedore House, Nehru Place, New Delhi -110019 Tel. : 30823170 7 81 7 82 7 83 7 84 Fax: 30823181 ::2:: I .a. Multi purpose Commercial Complex including Laboratories, Logistics, Retail Space etc., Office of buyers and Buying House : An Industrial township predominantly populous because its main ingredient as input component is workforce. We opine that establishment of complete inhabitation in the township fairly justifies the requirement of above facility. 1 .b. Accessories Sourcing Centre, Trim Market: In the 'garment and textiles industries more than hundred types of small accessories and trims are used and these items are generally sourced day to day basis from all traditional trading centre of old Delhi. It would be a hardship for entrepreneur to source such items 60 km away from the manufacturing facility. It would be additional economic activity in the area as well as conducive facility for the factories that all types of inputs and packing material are available in the zone. 1 ,c. Multiplex Entertainment : We have requested only one multiplex in the township. Nothing less can be demanded. Kindly treat it justified considering foe presence of number of people in foe zone. Id. Design Studio (Eac^^ for one desigrwr/Deaigning Company): Our SEZ shall be on foe pattern erf fashion villages in Western worid. We have sizable number of upcoming designers in the country at international level. We expect foere shall be sharp growth in this profession considering the cra^e of fashion creation in foe youth and foe same is richly natured fay the international recognized institutions. We expect there shall be presence of 20 design studio of different designers in our SEZ in the next five years. We are creating the facility for not today or imminent future but for foe years to come on the basis of bur convincing instinct and sight far beyond obvious. Hope it shall find the judicious treatment. Contd....F/3 ORI^^NrCTfLAFT INFRASTRUCTURE LIMITED -Hi -

3.a/b Hotel and Servioe Apartment: In our SEZ approx iOO units shall set up their operation in different sizes. Every unit shall be having 10 to 40 regular buyers for all seasons ftom Western world. Normally they visit ihe manufacturers place for development, sampling in group of 4 to 6 times a year. This is the. bare minimum expected visit of the buyers. Besides the visits of the product development teams such as Compliance team Contd....P/4 We are vtay """* rv^fidrait that our operation in SEZ shall be aucoeiaflil aa we have ^raq^t tea^ record id do n being largest Housing all multi-storey: Our expectation is presence of 40,000 persons when the SEZ is folly operational which is in fact a suppressed figure. Demand for just 7500 different types of housing complex including 5000 dormitories dwelling units for rural work force is very less considering the following facts: 1" Fact : Inhabitation grows faster in the area where worit opportunities lies. We clearly see our probable workforce present location. They are scattered in the remote villages without sufficient or necessary system of connectivity. The cost of transportation of workforce is becoming dearer to both employer and the employee. The main object of our SEZ to create the culture of WALK OR CYCLE TO WORK. So units in SEZ can be identified as capable of making affordable delivery. The transportation of workforce from remote area are disguisedly extravagant for the workers even it they commute on subsidized mode. The average time wasted by worker per day approx. 2 to 3 hours in commuting from place of residence to work place. If it is saved, it can be employed on skill improvisation, enhancement of productivity and healthcare. 305, 51-52, Gedore House, Nehru Place, New Delhi - 110019 Tel. : 30823170 / 81 / 82 / 83 / 84 Fax : 30823181 ORIENT C^^AFT INFRASTRUCTURE LIMITED -IS-

1.Central Board of Excise and Customs (Shri Devender Dutt, Member (Customs), Department of Revenue, North Block, New Delhi.(Fax: 23092628) 2.Central Board of Direct Taxes (Shri Dinesh Verma, CIT (HA), Department of Revenue, North Block, New Delhi. (23095479) 3.Ministry of Finance (Shri Rakesh Singh, Joint Secretary), Banking Division, Department of Economic Affairs. (Fax: 23367702/23360250) 4.Department of Industrial Policy and Promotion (Shri Gopal Krishna, Joint Secretary). 5.Ministry of Science and Technology (Dr. Laxman Prasad, Adviser & Head (TDT & NSTMIS), Technology Bhavan, Mehrauli Road, New Delhi. (Telefax: 26510686) 6.Additional Secretary and Development Commissioner (Small Scale Industry) (Shri Jawhar Sircar), Room No. 701, Nirman Bhavan, New Delhi. (Fax: 23062315) y (YOGENDRA GARG) Director Tel: 2306 3434 E-mail: y.garg@nic.in Udyog Bhawan, New Delhi Dated the 14* August, 2007 OFFICE MEMORANDUM

Subject: Meeting of the Board of Approval of the Special Economic Zones (SEZs) to

be held on 18* September, 2007 at 3.00 P.M.- Reg. 18* meeting of foe Board of Approval of the Special Economic Zones (SEZs) to consider proposals for setting up of SEZs is scheduled to be held under foe Chairmanship of Secretary, Department of Commerce, on 18th September, 2007 at 3.00 P.M in Room No. 108, Udyog Bhawan, New Delhi. Agenda for the meeting will follow.~~^ 2,You are requested to kindly make it convenient to attend the meeting. No. F.2/8/2007-SEZ Government of India Ministry of Commerce and Industry Department of Commerce (SEZ Section) n

Contd....F/5 We wish to keep the huge pocket of land as vacant in our master plan to meet contingent requirement which would emerge in future. We are seeking approval for the bare minimum requirement to start with. We have not given the planning for this activity adequately as it is not possible to forecast the fortune of any newly industrial township. The growth in this activity shall take place in foe fashion of its requirement in future. School, Technical Institution^ Educational Institution, Fashion and Design Institute with wot* shop and studio: We are intending to have foe facility of 100 to 200 beds. The facility shall be created in phases according to requirement may be at consolidated place or severally for the people from different strata of society. Clinic, Medical Centres and Hospital: Apart from above, our State Govt. is also looking forward where we shall be able to construct our hotel as they want to use the same for the mega event of Common Wealth Games. A communication is enclosed for your reference. Existence of the hospitality service in the zone is must. Our past experience reveals that many leading buyers were least willing to visit our country because of lack of level of comfort in our hospitality industry. We must create the atmosphere where the business visitors have all level of comfort and need not to look anywhere else. As on date we have severe shortfall in hotel room capacity and have to do vigorous efforts to find a room for buyer and their representatives whenever they visit our factories. Logistics Teams Quality Controller almost stay through out the whole year in different groups. C-TFAT (Custom Trade Partnership against Terrorism) 305, 51-52, Gedore House, Nehru Place, New Delhi - 110019 Tel. : 30823170/81 / 82783/84 Fax : 30823181 INFRASTRUCTURE LIMITED -16- ORI^NT C^^AFT S. 4. •

305, 51-52, Gedore House, Nehru Place, New Delhi - 110019 Tel. : 30823170 7 81 7 82 / 83 / 84 Fax : 30823181 :: 5 :: You shall appreciate that we have to keep this space ready to construct and to prepare ground work to meet the civic amenities so that the required infrastructure can be created without any hurdles. Our town planners have to be adequately fed with accredited and detailed information with the object to create foe township which shall be a seamless integration of work and life growth. We hope above explanation would suffice foe Hon*ble members of board to approve the same. Thanking you ORLENTC^^AFT INFRASTRUCTURE LIMITED -n-

Join! Director (I...M) For Dire^tor ofliiiluslries &Cuimneicc Ilaryaua As you are aware thai Common Wealth Games -2010 are to be held in India , therefore, stale Government is working on the enhancement of Hotel accommodation for the visitors during the games . You are requested to intimate your plan for setting up of Three star (fie ,<^i/f9f^J or Five star Motel and detaus/tfiereof in your proposed SEZ-by'5 December. 2006 positively so that the same couid be submitted to state Government. L >. The Director oflndu^lries &. Commerce 1 kiryaiia M/s ffl^YYff-ff ^r.ff-rff ff-li^^^^lffffl-ff Ey ff ^-kh-(Y ffff}?]ff.-k^^ffc-ffffff- , ff^" ^>^ Memo No. Exp/ SEZ/Hotcl,' j < "2 ^^ P Dated Chandigarh the / 3 )' *^i ^

Subject:- Bohancement of Hotel accommodation in relation to the forth

coming Common Wealth Games -2010.

nstflftaOidrMMrtf ^uaBR4^0wil. i^tMm •ndlMtumMto fTriyirnri tor irttnc ^id JfW^^lftffJfn ^ ^ Peve^ppers Offiges required to execute tie ^mS^SSSf^e"'f^m' To transport employees Different Utilities are required for Process and manufacturing of pharmaceutics! products To be generated oentK#y and then distributed to ...-, ., ^^SSaoMt^tants ' -

Remartr / Justification .B^agmliu i-jiUBT1 SKsqmtre lOSeater 600 CFW 210 KL 1500KVA Cover entire SEZ 7600LPH S00OLPH 3000LPH 350TR 36OTR 2000Kgr 12S10TPH 5000 sq ft Size l^^ tr'''- " J '^ ' jt^Wf^^tsmswi'" 'VHg1 -iBts •^<% 1 2Nos 1 1 3NOS. 1 1 1 1 4Nos. 3Nos. 1 No 2NOS. 1 Quantity |^Lj D^eSiaikig ! 4 ^M (Offices tor Developer & Plant 2 (Transport for Employees j 1 1^CrMtpmsBed ^ir System 1 ittuelGilStorane 1 flfclinliliriVxwr IDG) System ij^iffMiawit System raMMBWatorGenetatun and PtSrangSntem 'Wrgm^tmA: and i4**.'^^y.(wi=i) Coo*^ Water Generation and Pumping System ^litaa Water Generation and Pumping System Clean Steam Generation and supply system Steam Generation Plant and Ctrimney Utility Block and Distribution Netwotir ^ontraJ Utttity Oescrietlon of OoeraOoo 1.J 1.4 1.3 1.2 11 1 Sr. No. 1 WOCKHARDT INFRASTRUCTURE DEVELOPMENT LIMITED - SHENDKE SEZ -JI -

Drip and micro irrigation systems Wi-Fi and/or Wi-Max services Bus bay Playground Housing or service apartments Common data centre with inter-connectivity Shopping arcade/retails space Swimming pool Air conditioning Bower back up facilities Effluent treatment plant and pipelines and other infrastructure fin effluent treatment Security Offices and police posts at entry, exit and other points within and along with periphery of the site. Non - Processing area 12 11 10 9 8 "7 6 S 4 3 2 1 S.No.

In non-processing area Drip and micro irrigation systems Wi-Fi and/or Wi-Max services Food services including cafeteria, food court(s), Restaurants, coffee shops, canteens and catering facilities Bus bay Play ground Common data centre with inter -connectivity Incubation/convention centre Employee welfare facilities like automated Teller machines, cr^che, medical center, laundry, convenience store and other such facilities for exclusive use by the employees working in the processing area Recreational facilities including club house, indoor or outdoor, games and gymnasium Swimming pool Power back up facilities Parking including multi-level car parking (automated or manual) Effluent treatment plant and pipelines and other infrastructure for effluent treatment Security Offices and police posts at entry, exit and other points within and along with periphery of the site. Processing area 14 13 12 11 10 9 8 7 6 5 4 3 2 1 S.No. -•22- Annexure - - NUT TECHNOLOGIES In processing Area •

Essentially for foe employees/staff members of foe zone However, these facilities may also be made available to foe visitors to the zone and residents of the surrounding areas to achieve economic viability. The NUT SEZ is expected to employ more than 10,000 people by 2010-11. There is no accommodation of any kind like housing/service apartments available in the near vicinity for employees and visitors. Justification Maximum of 1,000 sq.mts. Maximum area of 10,000 sq.mts. size Shopping arcade/retail space Housing/ services apartments Type of Social infrastructure 2 1 S.No. Quantum of social infrastructure proposed to be created in non-processing area of the SEZ -23-

The sedentary lifestyles and increasing obesity in today's service industry is an issue which needs to be addressed urgently as a national priority. Studies estimate that There is no developed area with good eating facilities fit the neighborhood. The majority of die 20X100 pfoion^tonais e^peceeo re wocit w ua tmmty ^aate bachelors or nodeir families with both spouses engaged in fuB time jobs who do not have the luxury of getting home cooked food every day. Thus it is imperative to provide them with diverse cuisine including healthy food choices. This is a standard offering in most new office buildings. Justification 10,000 43.000 Approx. Size(q.ft) Gym/Fitness Center Food court/cafeteria Amenity Annexure to application for approval of Authorized Operations Drip and micro irrigation systems. Wi-Fi and/or Wi-Max services Food services including Cafeteria, food court(s), Restaurants, Coffee shops, canteens and catering facilities. Bus bay Flay ground Common Data centre with inter-connectivity Incubation/convention Centre Employee welfare facilities like Automated Teller Machines, Creche, Medical center, laundry, convenience store and other such facilities for exclusive use by foe employees working in the processing area. Recreational facilities including club house, indoor or outdoor games and gymnasium Swimming pool Power (including power back up facilities) Parking including multi-level car parking (automated or manual) Effluent treatment plant and pipelines and other infrastructure for effluent treatment Security office and police posts at entry, exit and other points within and along foe ^eriphery of foe site. Processing Area 14 13 12 11 10 9 8 7 6 5 4 3 2 1 S.No. TSI BUSINESS PARK (HYDERABAD) PRIVATE LIMITED Annexure -6

We would like to provide a place where there will be privacy to conduct important meetings and good food. This will satisfy foe needs of foe business & make foe overall working experience a more pleasant one. There are no small shops within a 2 km radius of this site. Even bask everyday necessities like toothpaste, soap etc. is not available in foe neighborhood. Most professional who will work here will leave home by 8-9 A.M. and will return home by 8-9 P.M. or even later by which time most shops will be closed. Thus they will ha ve very little scope for buying daily necessities during the week. We intend to provide them with a small sundry store to make these purchases easier for them and thus contribute to making their overall life easier and more stress bee. ATM's are on of foe absolute essential for today's professional. They have managed to bring down foe costs for Banks and helped them to offer many more services at minimal cost. They are viewed as highly convenient and essential by companies and employees alike. We would also like to provide for an OBU offering that facilities business activities in foe SEZ. Coffee Bars perform two essential functions in a high- pressure work environment. They provide a place for informal business discussions outside foe conference room, which leads to better understanding and better business decisions. We will provide a well-equipped caf^ suitable for informal meetings. This is also a standard offering for most IT/ITES/BPO office buildings. obesity might cost us 0.5% of the GDP (Rs. 20000 crores) per annum. An article in "The lancet' (18 Dec, 2004) makes a very compelling case and also points out that unlike in the West in India obesity is a disease of the affluent. Due to their hectic lifestyles and foe lack of proper Gym/fitness center infrastructure in most residential area it is imperative that we provide these professionals with such facilities near their work place so that they can keep on contributing to foe growth of this country. We will provide a well-equipped, well-staffed gym to that more and more of these professionals who often work very late hours at office and predominantly in desk jobs, are in a position to use it. This is now a standard offering in most IT/ITES/BPO office buildings. 4,000 2,000 4,500 1,200 Fine Dining Restaurants/Food courts Sundry Store Bank/ATM Coffee Bar -as-

As foe complex is located outside foe city proper and does not have any public transport system it is important to have a Travel Desk which will provide travel solutions to employees at all odd hours. This travel desk will also help our customers if they need to reschedule any of their travel plans. Envisaged as another amenity to add to foe overall ambience of foe lobby area of foe building this will help in enhancing foe overall satisfaction of foe international executive besides providing them with an opportunity to take home some selection of India music, literature and artifacts. Laundry and Dry Cleaning is a unique often overlooked amenity, which is a very useful add-on for foe globe trotting executive to have. The presence of such a facility will enable these executives to travel lighter and thus contribute greatly to their sense of satisfaction and well being with doing business in India. This will be an extension of the Food Court and will add value to foe overall eating experience This is an absolute essential for our entire setup. With today's hectic lifestyle professional soften forte to take their medicines and instead of breaking their cycle and causing them further discomfort sickness and loss in productivity it is important that we provide them with a pharmacy and clinic which can also provide First-Aid when needed. 68,100 500 500 500 500 500 Total Travel Desk/ Concierge service Bookstore/Music shop/Gift shop Laundry /Dry Cleaner Juice/Ice Cream Parlor Clinic/ Pharmacy -2-6 -

1 'AN^^eiu^t' 7 -21 -•' GROUNDS OF APPEAL That the order-in-original no.1/2007-08 dated 29.5.2007 is illegal, arbitrary, bad in law and deserves to be quashed and set aside. That the learned Development Commissioner has erred in issuing the show cause notice dated 29.3.2007 much prior to the term of the letter of approval i.e. one year from the date of issuance of letter of approval. It is submitted that the letter of approval for the purpose of putting up unit and commencing production has been granted to the appellant on 2.5.2006 valid for a period of one year from the date of the issue and that the appellant should Implement the project and commence production within one year or within such period as may be extended. It is submitted that the period of one year of toe letter of approval comes to an end on 1.5.2007. However, the teamed Development Commissioner has issued show cause notice on 29.3.2007 which is almost one month before the validity comes to an end. it is submitted that this high-handed action on toe part of the Commissioner dearly shows the malafide intention of the Development Commissioner not to cooperate with toe appellant for the purpose of putting up manufacturing unit in the Surat SEZ. It is submitted that toe Development Commissioner could not have issued tots show cause notice before the vafidrty period was over and, therefore, toe order- to-origJnai passed in pursuance to toe show cause notice dated 29 3.2007 deserves to to qunhed end set aside only on toe ground that toe ratios wes issued and toe order was passed to pursuance of such notice before toe completion of

comply witty H te submitted that toe teemed C ought to hm omUtrad that under toe provision* of Special Economic Zone Act, such bond-cum-underteking is — 2. g — the validity period of letter of approval and. therefore, order deserves to be quashed and set aside. It is submitted that before the validity period of letter of approval expired, the appellant had already made an application for extension of letter of approval as per toe provisions of toe Special Economic Zone Act and its Rules. However, toe Development Commissioner did not decide toe application for extension and passed toe order canceling toe letter of approval issued to toe appellant vide order dated 29.5.2007. It is submitted that as per the letter of approval dated 2.5.2006, toe appellant was entitled to seek an extension of toe validity period for the purpose of putting the implementation of project and commencement of production. The appellant had requested for extension of toe validity of toe Letter of Approval vide their letter dated 01.05.2007 as per toe Provisions of Rule 19 (4) SEZ Rules 2006. T^e teamed Development Commissioner ought to have considered toe genuine reasons beyond toe control of trie appellant herein to comply with such condition of Implementation of project within one year. Trie teamed Development Commissioner has erred in not considering toe reasons given which were only because of the developer that toe project could not be implemented within one year. The teamed Development Commissioner has erred in holding that m per toe latter of Approval condition no.^i) and Rule 22(1), toe approval holder was requfced to execute a

-29- only to be executed as and when the appellant wants to avail the exemptions, draw backs and concessions which are available to the appellant. Therefore, since toe appellant had not started toe implementation of the project only because of the dispute in the land with toe developer, the question of such bond-cum-legal undertaking not being executed does not arise as till then, no such exemptions, drawbacks and concessions can be availed by the appellant. The teamed Development Commissioner has erred in coming to the conclusion that as per the letter of approval, if toe terms and conditions are not accepted within the period of forty five days, toe tetter of approval deserves to be cancelled. It is submitted Oat it was pointed out in the reply to the show cause notice trial toe appellant had vide letter dated 13.6.2006 had given a acceptance of 3tl trie terms and conditions of the tetter of approval and, therefore, the finding of the Development Commissioner with regards to not fulfilling the said condition is erroneous and deserves to be quashed and set aside. The learned Development Commissioner has erred in coming to toe conclusion that the appellant has not furnished the copy of registered tease deed within stipulated period of six months which shows Oat toe appellant has not taken any effective action tor implementing the tetter of approval and comment*^ tot activities within a period of one year. fi wM^^ated to the reply te the ^^iowcauw notice that the registered tease a^reement could not be executed only beeeuse of toe for* o* the develop*' of SEZ as in spite of making toe payment of allotment of units and further advanoe payment for toe next six writs, toe develoDer failed

_& accounts ^uthorid Signatory -30- to give the appellant the allotment and execute a lease deed with the appellant. Therefore, the said finding of toe Development Commissioner with regard to non-supply of lease agreement Is erroneous as it is only because of the developer that toe lease agreement could not be executed H) The learned Development Commissioner has erred in coming to toe conclusion that toe appellant ought to have implemented toe protect on toe area earmarked/allotted by the developer at toe time of approval without waiting tor further allotment of area tor future expansion. It is submitted that toe project of toe appellant was to be executed in the twelve plots in toe area of around three acres and only six plots were allotted and six were yet to be allotted to the appellant and, therefore, since toe project of toe appellant was a huge one, the same could not have been implemented in piece meal due to various reasons. Therefore, the said observation of toe Commissioner is uncalled tor. In the aforesaid circumstances, the appellant prays as under: A)The order-in-original dated 29,5.2007 passed by the learned Development Commissioner (i/c), Kandla, Special Economic Zone be quashed and set aside. B)Such other and further relief Oat may be deemed fit in toe interest of justice. Date; 26-06-07

30/08 2007 THU 17:59 [TI/ia NO 8103] lg]002 M/s.AUF FOODS LT" - rrtlMMS-MTS 1, M/s. ADF Foods Limited, 83/87, GEDC Industrial Estate, Nadiffd, Gujarat (herein after also referred to as the Unit), were granted approval under the Special Economic Zone Act, 20OS vide Latter of Approval No. SSEZ/A-37/350/06-07/1307 dated 02 05.2006 for setting up a Unit at Plot No. 273/274/275/276.281 & 282 in Surat Special Economic Zone, in the State of Gujarat, for manufacturing activities subject to the provisions of the Special Ecooomie Zones Act, 2005 and the Rules and Orders made there under. The valirfity of one year i.e. upto 01.03.2007 was for implementation of the project and to commence activity. However, M/s. ADF Foods Limited did not submit their confirmation regarding acceptance or the terras A conditions of the Letter of Approval within the prescribed period of time i e. forty five days of issue of the Letter of Approval which shows their unwilling ness towards approved project. What they have mentioned in their reply dated 10.04 2007 to the SCN intimation to DCs office about agreeing with alt the temts and conditions is not an acknowledged copy. As'per the records available with tins office there is no such correspondence in tins regard. 2. Also M/l ADF Foods Ltd did not fUSH the condttion of the aforesaid Letter of Approval, U tucofora of a Baad-Crah-Lagal Ifadertahfag with thn Pcvafapment CoraMroar aa premised rate the Special Brawn*: Zoom fudaa, 2000 tifl fan date of 8CN (Ml 010. Thn Shaw Cause Notice dated 29.03.2007 ems tsmted almost idler foe completion of 10 months p^^ed of time end O-tO was issued on 29 05.2007 Le only after the eompfetkm of one year. loruil 23063418 -II -

30/08 2007 TBU 17:59 [TI/RX NO 81031 ^003 3.Furnishing the copy of registered lease deed within stipulated period of six months was a basis condition of the Approval itself. What M/s ADF Foods Ltd. have mentioned ^g^rriing non cxecutipn of lease agreement is because of the correspondence between them * the Developer for additional fend/units. But die Letter or Approval was for the specific area allotted / earmarked and in possession of the Approval bidder. As the earmarked area in foe approval was known fact and alao accepted by the Unit / approval holder, they should have entered into legal agreement with the Developer as required by the law in force. 4.As the LOA was valid till 01.05.2007. the Unit could have applied for extension if so well in advance but in fact they only applied on the vety last day / on the day of expiry i.e. on 01.05.2007. There were no signs showing their interest in tins approved proposal even after foe period Of one year was lapsed. However, what they have mentioned in their grounds of Appeal regarding non execution of the Bond-Cum-lejla] Undertaking is not correct as the execution of Bond^ Cum-Legal Undertaking is not pnty for those Unit who wants to avail the exemptions, draw backs and concessions but for all such Units / obligors in SEZ who have been authorized the use of the premises / granted Letter of Approval to cany out authorized operations in SEZ. -32-

(YOGENDRA GARG) Direrlnj 1 el: 2700 7.47-4 E-mail- v.K.ire'e-nie.m 1.Central Board ol Exeise and Customs (Shri De-vender Dull Member (Customs), Department of Revenue, North Block, New Delhi.(Fox: 23092(>2K) 2.Central Board of Direct Taxes (Shri Uinesb Venn,!, OT (IP A), Dep.irlmonl rrf Revenup, North Work, New Delhi. (27.095479) 3.Ministry of Finance (Shri Itakesh Singh, Joint Secretary), Banking Division. Department ol D onninir Affairs, (lux: 23367702/27,360250) 4.IJi-jrnrlrnent ol Indiislri.il I'olirv and Promotion (Shri Gopal Krishna, Ininl Seerel.uy). 5.Ministry oi Sen-nee and 'J eolmology (Dr. Lnxtnan l'ra.-,,itl, Advir.oi * Head (IDT A NSTMIS), leohnologv tilravan, Mehrauli Knacl, New Delhi. (Telefax: 20510/186) 6.Additional Set-rclnrv and I levelopmenl t.lommissirinei (Small Seal.- Intltistiv] (Shri l.nvliar Sin at), Kiioin No 701. Nirman llbavan, Nr-tt Delhi, (hat 2301,27 13) 7 tlepaitnienl ot hilonnalion le.-|uiologv (Sim M Madhaian Nandaae Addilninal Settetarv). Heetnatira Ntlelan, 6, COO t oeipler. New Delia Ihax: 2436^101i KindJv rolor Or tins Department's tiffin- Mi-mirr.-iiii.ln til oven nunibors ilnlod "14"' August 2007 nnd .I"1 September 2007 on the above .stib|eel. Supplementary Agenda lor the meeting, i^ enejuseil 2. You are rei]uesled to kbidly make it conventenl lo attend the meeting. til lit 1: MiiMQKA.MJUM Spile^ t Supplementary Agenda for lire mooting of tiro Hoard of .Anpruvnl scheduled lo be hold on IS"' Seplernber, 2007 a] 3.00 P.M. in Kt*in No. 1118, Udvog Bhavnn, Now Delhi- Keg. Udtng 111,, I),1 UuW' I 2/b/2l)N7-Sk/ ( noam-i.e and Induatr- firm-ill oK omim-ieo (SI./. So. tion)

0Mimslii ol t tome A11 an a (Shi I. t ( ,o\ a I Ininl So. r oLum ). North I duel., Nov. Delhi, (lax. 231193153) 9 Mariano ol llelen.e (Shu Aii.ind Misr.i, loinl Sr-t ii-t.n , Uooidluin) (fax, 23792043), South Olo. k, Deo Delhi 10. Minraho ol l.neuonmejll and I oreala i] li Anand ixtrmai, .Advrsep), Room No 554, Eanvrnanm IJhtivan, tl,tn empire, Nr'w Delhi- ". I lelelaa. 24364 592) 1J, L.rgialahve l.)i-]iar Lnu.-nl (Shri S.K | lalhehi, Irani SoMetaro antl N-jpskilice (.oniiael. Room No, 4 3(1, A-Wing, Sliaat, i Illaoan, Nev, ])r-llii, | !-,,>• 21394032) 12, Miniatii ol tlu-rmrs Indian Alpine (Sim (., ' mrrn h.ri.in. hnnl S,Inn (1-S|, ALh.n Mir,in,in, ( liaiiLi apiui, Nr-u D.-llii (l-.^-24i,74 I 10) (Slu-i J M.ksliirsiig.ir. (duel I'luiiiH-t), \ il.aa hlnnnn (I -Mlo. k), I.P hairdo. Nod Delhi, (lain. 23(I73(r7K/23.379| 97) 14Diierlru Genera] ol foreign 4],ule (Shri It S.I iujr.il, IX.,), I ),-jr,ii-lim-nl rrf Conimeui-, Udyog lihnvaii, Nr-tr Delhi. 15Shri I..IJ. Singhal, Direeloi General, Irepnr) I'ririjioluin lor he IL)a/S].,/ Units, 705, hhiknji Cinia Dhnvrin, lihlkaji L.uiw I'lin r-, Nen Delhi - 111! (166. (261655.38). 16.Dr. Hupa Cluurda, J'rolesatrr, Indian Institute ol Management, lianglnro. Benncrghata Road, liangloie, Kamataka 17.Development Commissioner, Noida Special IS npomic Zone, Noida 18.Development Commissioner, Kandltr Sjrecial Economic Zone, Gandhidlmm. 19.Development Commissioner, halta S)iecial Economic Zone, Kolkata. 20.Development Commissioner, SEEPZ Special Economic Zone, Mumbai. 21.Development Commissioner, Madras Special Economic Zone, Chennai 22.Development Commissionei, Visakhapalnam Special Economic Zone, Visakhapatnam 23.Development Conumssionei, Cochin 5pecjai Economic Zone, Cochin 24.Development Commissionei, Indore Special Eunioirm Zone, Marlhva Pradesh. 25.Government of Andhra Pradesh (Shri 13 Sam Bob, .13 ineipai Secretary and UP), Industries and Commerce Department, A.P Secretariat, Hyderabad - 500022, (Pax: 040-23452895). 26.Government of Maharashtra (Shri V.K. lairalh, Secretary) Industries, Energy ami Laboui Department Manlralaya, Mtimhai - 400 032. (hex: 022-22624446) 27.Government oi Karnatakn (Slin ICIvLSIiivakumar I'rrnr ipal Seerelarv), Coniinciic and Industries Departinent, Kninn No, 106, V'ikasa SoudJui, Itangalore- - 56000J (has: OflO-22259870), 28.Government ol Uttar Pradesh (Smt. Arellano Aganval. Sin letarv), fail Bahadur Shaslri Bhavvnn, Lticknorv - 226001 (has: 0522-2235255). 29.Gnvi-rnmenl of dainil Nadu (Shri Shaklhikanta Das, Senetarv (imlusli ins)), Ian f SI George, Cliennai - fiOOOIlo (pax 044-25670022)

IT/ITES SEZ at Kokapet Village, Ranga Reddy District, Andhra Pradesh was notified on 13* June, 2007 on an area ol 47.6 hectares. HUDA has stated that as Google, to whom a plot was allotted, is now opting out, they wish to reduce the area of the SEZ. HUDA has requested for reducing the area of the SEZ from 48.20 hectares to 40.10 hectares. The request is submitted for consideration of the BOA. Item No. 5: Request of M/s. Karan Exports (India) Private Limited for consideration of their appeal against the order issued by the Development Commissionei" for suspension of LOP M/s. Karan Export (India) Private Limited was issued a LOP for manufacture and export of silk/silk blends, cotton/cotton blends/fabric leather and leather allied items, fabric garments etc. The LOP granted to the company was suspended by the Development Commissioner vide order dated 23.0^.2004 IT/ITES SEZ at Ranga Reddy District, Andhra Pradesh was notified on 18th May, 2007 on an area of 28.33 hectares. M/s. Tandon Information Solutions Private Limited has submitted a proposal for co-developer in the said SEZ for developing an area of 6.07 hectares. An MOU has been provided between the developer and co-developer. The proposal is submitted for consideration. Item No. 4: Request of Hyderabad Urban Development Authority for reducing the area of IT/ITES SEZ at Kokapet, Andhra Pradesh A list of proposals for setting up of th^ SEZs is at Annexure-1 for consideration oJ the Board oJ Approval. Hem No. 2: Proposals for conversion of in-principle to formal approval: A list ol proposals Tor conversion of in-pnnciple lo formal approval lor setting up of tile SEZs is at Annexure-2 lor consideration of the Board of Approval. Item No. 3: Proposal of M/s. Tandon Information Solutions Private Limited for co-developer in the iT/ITES SEZ at Ranga Reddy District, Andhra Pradesh proposed to be developed by M/s. JT Holdings Private Limited . Supplementary Agenda for the meeting uf the Board of Approval scheduled to be held on 18* September 2007 Item No. 1: Proposals for setting up of SEZs

^ on account of mis-declaration of the export consignments in the shipping bills, thereby violating the provisions of EGR. The compam made an appeal to the Appellate Committee, Depariment of Commerce against the cancellation order of the Development Commissioner. The Committee decided to remand the case back to the Development Commissioner with a direction to take a decision cm the basis of the results of the investigation being conducted by DIE. The Letter of permission had been cancelled by the Development Commissioner viued order dated 15.03.20(16. The company has made an appeal against the orders issued by the Development Commissioner for suspension of LOR. The appeal made b\ ihe company and the report submitted bv the Development Commissioner in Lhis regard are attached at Annexure -3 and Annexure -4 respective^ . Item No. 6: Request of authorized operations (i) Request of M/^- Magarpatta Township Development and Construction Company Limited for authorized operations in the electronics hardware and software including ITES SEZ at Rune, Maharashtra The above mentioned SEZ was notified on 20th July, 2007 on an area of 11.98 hectares. The developer has submitted a list of authorized activities, which is at Annexure -5 and is submitted for consideration of the Board of Approval. (ii) Request of M/s- ^TL Infrstructure Services Limited for authorized operations in the IT/ITES SEZ at Thoraipakkam-Pallavaram, Chennai The above mentioned SEZ was notified on 11th August 200b on an area of 10.57 hectares. The developer has submitted a list of authorized activities, which is at Annexure -6 and is submitted for consideration of the Board of Approval. {iii) Request of M/s. Uppal Developers Pvt. Ltd. for authorized operations in the Multi Services SEZ at Gurgaon, Haryana The above mentioned SEZ was notified on 27* October' 2006 on an area of 108 hectares. The developer has submitted a list of authorized activities, which is at Annexure -7 and is submitted for consideration of the Board of Approval.

Item No. 7: Request of M/s. Gujaral Textiles for transfer of unit from Falta SEZ to Kandla SEZ M/s. Gujarat Textiles is a unit in Falta SEZ with letter of permission for manufacture of processed garments./rags. The LoP is valid upto 31S| December, 2007. The unit Iras informed that their request lor transfer from Falta SEZ lo Kandla SEZ mar- be considered as their unit is nut viable at Falta SEZ: 2.8 Mill Sqft

1. Office Space (Warm Shell) (vi) Request of M/s. DLF Assets Private Limited for authorized operations in IT/ITES SEZ at Hyderabad, Andhra Pradesh proposed to be developed by DLF Commercial Developers Limited M/s. DLF Assets Private Limited was granted approval by the BOA as a co-developer in the aforesaid SEZ and the letter of approval was issued on 01.05.2007. The co-developer has now submitted the following social infrastructure for consideration of the Board. 42,000 14,000 14,000 Proposed Area (in sq. meters) Hotel space Residential Apartments Service Apartments (v) Request of M/s. DLF Commercial Developers Limited for authorized operations in IT/ITES SEZ at Hyderabad, Andhra Pradesh The above mentioned SEZ was notified on 26.04.2007, over an area of 10.61 hectares. The developer has now proposed to undertake following authorized operations in the non-processing area in the aforesaid SEZ, which are submitted for consideration of the BOA. 00,000 square feet 200,000 square Jee! 70,000 s^uare leet (ij Food Courf fii) Shopping Mali: (iiij Multiplex: (iv) Request of M/s. ETA Technopark Limited for authorized operations in the IT/ITES SEZ at Navalur, Chennai The above mentioned SEZ was notified on 711' September 2007 on an area of 10.368 hectares The developer has submitted a list oi authorized acti^ities, which is produced below and is submitted Jor consideration ol the Board of Approval.

(i) FSEZ is iar btl kms port but KASEZ is onh (i ksm awa^ irum port. (ii) FSEZ is situated in eastern Region from Eastern Region to ship at Africa and Middle East is much costlier then Western Region of our country, (iii) The product is low iii value but having large volumes Therefore, freight cost becomes higher. (jv) There is a large scope of marketing ol product at Kandla SEZ as similar units are functioning [here. (v) Technical staff is available in Kandla SEZ on account of existence of similar units there, (vi) Skilled labours are also easily available at Kandla SEZ. The unit has informed that they have maintained positive NEE till dale. The request of the unit was considered in the meeting of tire Board of Approval held on 8* August, 2007 and was rejected. The developer has submitted a request fur reconsideration of the decision of the Board of Approval. The same is submitted for reconsideration. Item No. 8: Request of Cochin Port Trust for annexing water area to the SEZ at Puthuvypeen Port based SEZ at Puthuvypeen, comprising an area of 285.8413 hectares with Cochin Port Trust as developer, was notified on 2nd November, 2006. M/s. Petronet LNG Limited (PLL), New Delhi and M/s, BPCL-KR have been designated as co-developers by the BOA for providing required infrastructure for a LNG Port and Re-gasification terminal project and single Point Mooring Project respectively. BOA has also approved the authorized operations proposed to be carried out by PLL and BPCL-RK in the Puthuvypeen SEZ. Since it is a port based SEZ, the creation of infrastructure facilities will include handling of vessels and cargo. Some of the parts of this infrastructure will extend beyond the land area into the sea. The developer has informed that further in the case of BPCL-KR, which has been authorized to install single point mooring (SPM), the discharge point/ load point is located in the Arabian Sea about 19 Kms off Puthuvypeen SEZ with an undersea pipeline connecting the SPM to the STF situated in the Puthuvypeen SEZ. The developer has further stated that, as such, the water area which are integral part of the infrastructure facilities within the Puthuvypeen SEZ are also be brought under the purview of the SEZ for ensuring its smooth functioning, In view of this the developer has proposed to annex the water area contiguous to the Puthuvypeen SEZ. The detailed letter received from the developer is at

Annexure - 8. a report was also called irom the Development Commissioner, Cochin SEZ, which is placed a! Annexure -9. The proposal was considered in the meeting of the Board of Approval held on 30* August, 2007 and it was decided to deferred the consideration of the request of Cochin Port Trust. '1 he Board also decided thai the Developers may be asked to make a presentation in the next BoA. The proposal is now submitted lor consideration of the Board.

^ New New- New BOA 5th | l,lire, 07 Deferred on BOA Stir June, 07 Defer: ed or ISO 1A 5th June, 07 Dofm roil on Stalus of application e- ] Y Y Y Y Y Y mc-ndal ltecom Guvt. er, 2007 acquisition. under balance and possession ill 43 hectares companies subsidiary ot possession Land in Y Y V 4 Precession 68 10.12 10 10.6256 10 46 I (hectares BOA . TBtJi Septem 6 FTWZ IT/ITES IT/ITES IT/ITES 1T/1THS TJ/ITES noting oflhc MH TN UP UP UP UP the in Maharashtra Panve], Taluka - Village SAL Tamil Nadu District, Coiinhatore South Taluk, Coimbatore m Village," Chettipaiaya Peru, Pradesh Noida, Utlar Sector 144, Plot No, 1, Pradesh Noida, Uttar Sector 143 A, Uttar Pradesh Noida, Sector 144, Plot No. 7, Utloi Pradesh Noida Sector 144, Plot No, 6, my aSenda to, 1 Limited Internationa s Technologie Arshhiya TIDCO Limited Private tech Projects Unitech Hi- Limrled Developers Commercial DLF Limiled Developers Commercial Falcon Limiled SEZ Private Perfecl IT Developer 6 5 4 3 2 1 teupplemen,

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1 [13.7209 Area (hectares! foe^sKui Engineering ProducU, Product KN State Belgaum, Kamataka Location Quest Machining and Manufacturing Li^ited Developer N y Agenda foi Ihe meeting of Hie BOA - lHlli September, 2007

Under instructions and on behalf of my client. M/s Karan Exports (Indiaj Pvt Ltd , I am to state as hereinafter follows1

1. That my clients received the order dated 13/15.3.2006, in terms whereof the Letter of Permission No, FEPZ/LIC/K-24/200D/7657 dated 8 11 2000 and No. FSEZ/LIC/K-24/2000/2749 dated 3.7.2003 were cancelled in terms of Para 7.32.3(C) of the Handbook of Procedures. Volume 1 (2004-

9. read with Section 9 of the Foreign Trade (Development & Regulation) Act. 1992 and Rule 10 of the Foreign Trade (Regulation) Rules, 19S3 and Section 16 of the SEZ Act, 20OgTand SEZ Rules 2006 2That Ihe said order was not accompanied by a oreamble setting out whether tne order is appealable or net er.c if :t is appealable ihen tre ATED .latin D ^b '69 /'. 006 o FSEZ/UO/K-24/2000/77 cad Kolkata -700029. ^n Fxnorts fIndia) Pvt Ltd. Ni i Ri ^rr ^ • •h K Raqr Development Commissioner, Falta Special Economic Zone Nizam Palace, 4"1 Floor, 2"" MSO Building, Kolkata - 7OOQ20. 19, BALU MAKAK LANE, GROUND FLOOR, CALCUTTA^700017 PHONE. 22906743 ABDUL HAMID ADVOCATE ^^HIGH COURT, CALCUTTA

aulhonty before whom the appeal lies and the period within which Ihe said appeal has to be filed. In this context, it is significant to state that it is incumbent upon the adjudicating authority passing an appealable order to set out the appellate authority, the period for filing the appeal, the fees for filing the said appeal and other necessary particulars. That as the said order was not accompanied by a preamble, my client. vide its letter dated 5.4.2007, requested your Honour to kindly inform him whether the said order was appealable or not and if yes then the authority Defore whom the said appeal lies and also the time frame within which the said appeal has to be filed. The said letter was delivered by hand in your office and was accepted upon due endorsement. That as no reply was forthcoming from your end, my client addressed a reminder letter dated 17.4.2007. When my client's Directors Shri Sandeep Goyal went to deliver the said letter to your office, he was heavily reprimanded by Mrs Uma Roychowdhury, Assistant Development Commissioner who insulted my client's officer and shouted and screamed at him and told him poinl blank that no reply would ever be given to the letters being written by my client. Be that as it may. the said letter was submitted in your office upon due acknowledgement. That no reply has hitherto been received by my client to his query as to whether the said order dated 13/15.3.2006 is appealable or not. Your Honour would appreciate that my client's Letters of Permission have been cancelled, as a result whereof, it is not in a position lo run its business and is suffering from huge financial losses. My client is desirous of pursuing the remedies available to him in law for redressal of ms grievances and In

order to do that it needs to know whether the order dated 13/15.3.2006 is appealable or no! That law is well settled that when an adjudication order is no! accompanied by a preamble, the period of limitation shall be counted from the date the noticee is made aware of the nature of the order i e , whether it is appealable or not, the name of the appellate authority, the period within which the appeal ought to be filed etc In me premises, the remedies under law are still very much alive to my client in the event the said order is appealable. The said ratio has been held by their Lordships ol Ihe Hon'ble Bombay High Court in 2003 (153) ELT 42 (Bom) (Dhanlaxmi Fabrics Ltd. Vs. Union of India) and 1980 ELT 695 (Bom) (Deccan Sales Corporation & Anr. Vs Asst, Collector of Central Excise & Ors ) as well as in numerous other decisions like 2003 M59;. ELT 36B 2001 (133) ELT 619 etc. That in the light of what have been stated hereinabove i most earnestly request your Honour to kindly intimate to my client whether the order dated 13/15.3.2006 is appealable or not. In the event the said order is appealable, kindly also indicate to my client the authority before whom the said appeal is to be filed and the time period for filing the said appeal. Kindly appreciate that my client wants to pursue the matter and wants to exhaust the remedies available to him in law and for that the information/clarification as asked for is vitally essential in case your Honour informs my client that the said order is appealaoie then my client shall take immediate steps to file an appeal before the aopellate authority praying for consequential reliefs In the premises • o^e again request

Thanking you in anticipation of gracious disposal of request, your Honour to kindly provide the.inforrqation/clarification as asked for by my clients in his various letters In Ihe spirit of justice, equity and fairplay in

]M/s Karan Exports (India) Pvt. Ltd. having registered office at 25B, Jatin Bagchi Road, Kolkata - 700 029 had been permitted to set up a unit for manufacture and export of Silk/Silk blends, Cotton/Cotton blends, Fabric leather & leather allied items, Fabrics, Garments and Made-ups vide LOP No. FEPZ/UC/K-24/2000/7567 dated OB. 11.2000 as well as trading activity approved vide letter No. FSEZ/LIC/K-24/2000/2749 dated 03 07 2003 in Falta Special Economic Zone, Falia, South 24 Parganas, West Bengal 2 .Although the unit had started commercial production in January 2001, it had never submitted Quarterly Progress Report which is mandatory as per Para 3 of the Legal Undertaking executed with the Development Commissioner, Falta SEZ on 28lh November, 2000 and as per EXHvI Policy & Procedures. 3.The Directorate of Revenue Intelligence (DRJ), Kolkata Zonal Unit(an Investigating Agency of Government of India), vide their letter No. I80/KOL/APP/2003/343 dated 19.01.2004 had informed that four consignments of the above-named company were intercepted by the officers of DRJ on 21.11.2003. The export car^o consisting of 265 bales of goods declared as "Handloom natural silk fabrics" were covered under four shipping bills No. 00195] (Sea) FSEZ & 001954 (Sea) FSEZ both dated 31.10.2003 and 002036 (Sea) FSEZ & 002037 (Sea) FSEZ both dated 10, ] 1,2003 All the goods covered under the said bills of entry were weighed and weight of the goods was found to be 3250 Kgs. instead of the declared weight of 12587.5 Kgs. Representative samples drawn from the export consignments were got tested and the test result revealed that most of the goods were made up of waste/old materials, Several summons were issued to the Director of the company but he failed to appear before DRJ even on a single occasion, 4.The activities of the unit gave reason to believe that it had indulged in false declaration of export It had attempted false export to claim benefit under the EXIM Policy of Government of India illegally. 5.Therefore, the unit was directed vide this office Memorandum No. FSEZ/LIC/K- 24/2000/11 ] 63 dated 27Ul January, 2004 to show cause as to why the penalty would not be imposed under Section 11 of the Foreign Trade (Development & Regulation) Act, 1992 and LOP (No. FEPZ/LIC/K-24/2000/7567 dated 08.11.2000 and No. FSEZ/LIC/K- 24/2000/2749 dated 03.07.2003) would not be suspended/cancelled. Since the action was being contemplated, all benefits were stopped under Rule 7 of the Foreign Trade (Regulation) Rule, 1993. The unit was given 15 days' time to submit reply to the Show Cause Notice from the date of issue of this Memorandum. Opportunity for personal hearing was also offered to the unit in the said Memorandum cum Show Cause Notice, with prior appointment within this stipulated period. REPORT IN RESPECT OF M/S. KARAN EXPORTS fINDIA) PVT. LTD.

6, The Manager, United Bank of India, IB, Madan Mohan Barman Street, Kolkata - 700 007, the banker of the noticee unit, was requested vide this office letter No. FEPZ/LIC/K-24/2000/12593 dated 12U| March, 2004 to withhold all transactions of the unit (Arc No. 351) with immediate effect since Government revenue was involved in the form of Duty Drawback, etc 7 In reply to the Show Cause Notice No, FSEZ/L1C/K-24/2000/1 lfE3 dated 27/28.01.2004, the unit had submitted a letter No nil dated 10.02.2004, the gist of which is given below ; [^) That export consignments were weighed before leaving SEZ area and the weight tallied in ^oll with the weight declared of the consignments. (bj That Export consignments were allowed to be taken out for export after inspection of die goods b\ the concerned customs officers after tallying of weighment certificate. (c) That Export consignments were entered into the Calcutta Port Trust. Dock area by the Custom House agent and were allowed to be exported after completion of all formalities and ship sailed. After leaving Kolkata Port, the ships arrived at the Haidia Port on or around 20.11.2003 and the same were reported to be intercepted by the DRi officials on 2J. 11.2003 where the containers were reported to be brought down, the cargo supposed to have been taken out and the same containers were thereafter re-loaded on the ships and the stops were allowed to sail to its next destination. But no information was given to the unit so that the cargo materials could be checked. S Opportunities for personal hearing, as requested for by the unit, were given on 24.02.2004, 04.03,2004, 16,03.2004, 31.03,2004, OS.04.2004, As requested by the Advocate of unit vide letter dated 07.04.2004. the relied upon documents on which the Memorandum dated 27/28.01.2004 was issued, viz. the copies of relevant letters No. DRI F. No. 180/KOL/APP/20D3/S245 dated 24.11.2003, 343 dated 19.1.2004, 933 dated 17.02.2004 and 1361 dated 15.03.2004 received from the Directorate of Revenue Intelligence, Kolkata were sent lo the unit vide this office letter No. FSEZ/L1C/K-24/2000/165-166 dated April 07, 2004. The unit, vide its letter dated 08.04.2004, informed that they did not receive the documents and requested to adjourn the personal hearing to some other date. Personal hearing was re-fixed on 27.04.2004 vide this office letter No. FSEZ/LIC/K-24/2000/480-482 dated Apnl 21, 2004. Shri Pritam Jaiswal, Advocate on behalf of the unit had again requested this office vide his letter dated 24.04.2004 to adjourn the personal hearing on the ground that 2601 April 2004 was declared for Election at Varanasi zone and so he would not be able to leave for attending the hearing in Kolkata on 27.04.2004. Accordingly, the last and final opportunity for persona! hearing was given on 11.05.2004. 9. Shn Pritam Jaiswal, Advocate, appeared on 11.05.2004 for personal hearing on behalf of the unit and reiterated the same facts as stated in its letter dated 10.02.2004.

M/s Karan Exports (India) Pvt. Ltd. had exported 265 bales of Handloom natural fabrics to Kuwait under cover of four shipping bills Da Fu (voy - 15) by misdeclanng both weigh! and description of the goods. On 21 11.2003, container No. SCZU 5532230 (40') was offloaded from the vessel Da Fu (voy 15) after observing due formalities and the goods covered under four shipping bills were'taken out of the container after breaking open the shippers seal in presence of representative of the freight forwarder, Container Line and two Custom House Agents. The freight forwarder and the CHAs had identified the 265 packages of goods covered under four shipping bills bearing Nos. 001951 (Sea) FSEZ, 001954(Sea) FSEZ both dated 31 10.2003, OO2036(Sea)FSEZ, 002037(Sea)FSEZ both dated 10.11,2003. Of the 265 packages, 244 packages were found to be wrapped with synthetic bags and 21 packages were found to be wrapped in gunny bags. All the 265 packages were found to be sealed with lead seal and on examination most of the goods appeared to be made of very poor quality materials. On examination, the weight of the goods was found to be only 3250 Kgs. instead of declared weight of 12587.5 Kgs. Discrepancy was also found in the weighment certificate issued manually by the weighbridge operator in the zone viz. M/s. Sadhu Enterprises. Samples drawn from the export consignment of ICaran Exports (India) PyC, Ltd. covered under the aforesaid four shipping bills and samples drawn by officers of Customs at the time of entry of goods covered under the Bills of Export No. 00658 dated 23.08.03, 00815 dated 09.09.03, 01042 & 01043 dated 09.10.03, 01053 dated 10.10.03, in the FSEZ from domestic tariff area were got tested from the Central Silk Board, From the test results it appeared that except one consignment covered under shipping bill number 002036 (Sea) FSEZ dated 10.11.03, most of the export consignments of the unit under stopping bills No. 001951 (Sea) FSEZ dated 31.10.2003, 001954 (Sea) FSEZ dated 31.10.2003 and 002037 (Sea) FSEZ dated 10.11.2003 were made of waste product/old stock material and was not export worthy. The goods actually exported by the unit were quite different and much inferior in quality compared to the samples drawn by the officers of FSEZ at the time of the goods into the zone which was also clear from the test result. But the contention made by the unit in its letter dated 10.02.2004 had not been accepted allowing grounds . a Investigation was made by the Directorate of Revenue Intelligence and a report was received vide their letter No. DRJ F. No. 180/KOL/APP/2003/2729 dated 11.06.2004 along with a Show Cause Notice No. 180/KOL/APP/2003/2329-2337 dated 19.05.2004 issued to the noticee unit and others concerned, from which it revealed that .

b As per SEZ procedure, the export goods are sealed by unit themselves and hence they are wholly responsible for quality or quantity of goods. c. As per SEZ procedure, at the time of export no Custom examination is done except in exceptional cases and goods are cleared on self certification basis. It is assessed on the bests of documents only So units are responsible for correctness of declaration. d No Custom officer remains present at the time of weighmenl hence weighment slip is mere corroborative evidence, no substantive evidence. Moreover, in LCS cargo goods can be manipulated on the way. 11 It had appeared from the above that M/s. Karan Exports (India) Pvt. Ltd. had misdeclared the description and weight of the export consignments in the shipping bills and other export documents and thereby had violated the provisions of LOP, the Legal Undertaking and the Export-Import Policy as well as various Rules and Regulations including Rule 11 of the Foreign Trade (Regulation) Rules, 1993. It appeared to have committed serious offence and irregularities and tried to earn bad name for the Special Economic Zone. It had attempted to get drawback by fraudulent means by e^port of goods not export worthy. Accordingly, the LOP granted to the unit vide No. FEPZ/LIC/K-24/2000/7567 dated 08.11.2000 as well as trading activity approved vide letter No. FSEZ/LIC/K-24/2000/2749 dated 03,07.2003 were suspended by the Development Commissioner vide his office Order in Original No. FSEZ/LIC/K- 24/2000/3SS2 dated 23,08.2004 in terms of Para 32.3(c) of Appendix 14-11 of Handbook of Procedure Vol. 1 (2002-07) as well as under Section 9 of the Foreign Trade (Development &. Regulation) Act, 1992 read with Rule 9 of Foreign Trade (Regulation) Rules, 1993 for violation of various conditions of LOP and Legal Undertaking as well as provisions of Export Import Policy and FT(DR) Act. 12. Against the above Order in Original dated 23.08.2004 of the Development Commissioner, Falta Special Economic Zone, the unit had made an appeal to the Appellate Committee of Ministry of Commerce & Industry, Government of India, vide its application dated 5lh October, 2004. The Under Secretary to the Government of India, Ministry of Commerce & Industry, had requested this office vide his letter No. 12013/36/2004-ADJ/AC dated 2nd February, 2005 to send parawise comments on the appeal dated 5.10.2004. Parawise Comments on the Statement of Facts in the appeal made by the unit was sent to the Ministry vide this office letter No. FSZ/LIC/K-24/2O00/8573(i) dated 4th March, 2005). Contd..,5/-

13The Appellate Committee had considered the appeal in its meeting held on 10" March, 2005. The Appellate Order was sent by the Ministry of Commerce & Industry vide letter No. 12013/36/2004-ADJ/AC dated \1^ May, 2005. Shri Pritam Jaiswal araued the case before the Committee. The Committee noted that the adjudication proceedings were launched against the party on a report received from the Directorate of Revenue Intelligence and the investigation was stil! going on. After going through the records of the case, the Committee decided to remand the case back lo the Development Commissioner with a direction to take a decision on the basis of the results of the investigation being conducted by DRI. 14Since the matter was pending for a long time, the Additional Director, DRI was requested vide this office letter No. FSEZ/LIC/K-24/2000/5223 dated 27.10.2005 to send a report on the result of investigation at the earliest to facilitate this office to comply with the direction of the Appellate Committee in its Order dated 10' March, 2005. The Commissioner of Customs(Administration & Airport), Kolkata, being the adjudicating authority, was also requested vide this office letter No.FSEZ/LIC/K-24/2005/5 526 dated 14.11.2005to get the matter looked into and to send a report on the result of investigation to enable this office to take further necessary action in this regard. The Commissioner of Customs had informed vide his letter No. S33-31/O4-Adjn. Dated 07.12.2005 that a copy of Order would be sent to this office on completion of the adjudication of the subject show cause notice. 15.The unit had requested vide its letter dated 11.11.2005 to make it's bank account operative. But this had not been done because Government revenue was involved. 16.A copy of Order in Original No. KOL/Cust/Airport/Admn./23/05 dated 28 12,2005 issued by the Commissioner of Customs was received in this office on 22.02.2006imposing penalties to the noticee unit, the DTA suppliers and others concerned. 17.After considering the merits of the case, the Letters of Permission No. FEPZ/L1C/K-24/2000/7567 dated OS. 11.2000 and No. FSEZ/LIC/K-24/2000/2749 dated 03.07.2003 had been cancelled vide Order in Original passed by the Development Commissioner, Falta SEZ, vide .No. FSEZ/LIC/K-24/2000/7769 dated 15.03.2006 in terms of Para 7.32.3(c) of Handbook of Procedure Vol. I (2004-O9) read with Section 9 of the Foreign Trade (Development & Regulation) Act, 1992 and Rule 10 of Foreign Trade (Regulation) Rules, 1993 as well as Section 16 of currently enacted SEZ Act, 2005 and SEZ Rules, 2006. 18.The unil had remained silent more than one year after cancellation of the LOP and enquired vide its letter dated 5Ul April, 2007 (copy enclosed at Annexure-XVIII) about the entitlement to appeal against the order although it was well aware of this since it had earlier made an appeal against the Order issued by the then Development Commissioner for suspension of LOP as mentioned in para 12 above.

R&D Centres (non affluent & non-emissions) Godowns, cold storage facilities and other infrastructure for storage of goods Vehicle parking blocks petrol, Transportation facilities & related infrastructure including diesel, CNG and other fuel pumps Town planning, horticulture, parks, green belts, landscaping etc. Other services and facilities needed for SEZ occupants Facilities for business auxiliary and support services for SEZ units Banks and other infrastructure facilities for entities engaged financing ?encies for the Post offices, officer for courier agencies and other , transportation of goods and documentation Wi Fi and/or Wi Max Services Food services - Food Services including cafeteria, Food Court(s), Restaurants, coffee shops, canteens and catering facilities I Bus bay ; Play ground Common data centre with interconnect^ity I Employee welfare facilities like automated teller machine, chreche, | clinic, medical centre and other such facilities Recreational facilities including club house, indoor and /or outdoor j games, gymnasium and other fitness activities and grooming related infrastructur, auditoria, screening rooms, civic centres, etc. Swimming pool Parking including multi-level car parking (automated or manual) Effluent treatment plant and pipelines and other infrastructure foi Effluent Treatment Infrastructure & Infrastructure facilitie j Sr.No 1.To Develop, Construct, Operate and Maintain Infrastructure Infrastructure facilities including: Authorized operations for which the SEZ Developer has to make separate application to BoA Magarpalta Township Development and Construction Company Limited

• \ X

Maintenance of Kirby Structure Operations & Maintenance of chillers/cooling plants Operation & Maintenance of electricity generating units Operation & Maintenance of Air conditioners and plants thereof General maintenance of all the infrastructure and infrastructure facilities Management &c maintenances of various buildings, complexes, other facilities, including, car park, food court, recreational facilities & landscaping_& green belts etc. Incubation centre services Any other services as may be required by units in the SEZ General control and upkeep in the interest of welfare of occupants Security services Repair and Maintenance Housekeeping services 12. 11. 10. 9. 8. 7. 6. 5. 4. 3, 2. 1. 2. To Undertake Operation and Maintenance activities for all the Infrastructure & Infrastructure facilities created within the SEZ including: Infrastructure & Infrastructure facilities Sr.No Such other operation(s) specified apart from (1) to (33) which the Board of Approval may authorize from time to time. IT training and educational institutions and centres Power Generation facilities including Captive Power Plant, Gas based Power generating sets, Diesel Generating sets/Stand by generating sets of necessary capacity to meet load based on availability of quality power from the State Grid (including infrastructure for power back up facilities) "j Other infrastructure facilities as may be requir ]~Drip and Micro Irrigation Systems and ^rational/Maintenance/data roorr Building automations system Kirhy Structure Lift, elevator and vertical trans p or tatior -24. 25. ff*.-

M/s ETL Infrastructure Services Limited Common Amenities like Banking, ATMs Clinic and Medical Centre Tours and Travel Agencies Post Office, Offices for courier agencies and other agencies transportation of goods and documentation Minor retail and convenience stores including stores for equipment, furniture, genera! stores, chemist store etc.

Hotel_^ [ Clinic and/or Medical Centers and/or Hospital, School and/Jr~| 63,500 j iTechrucal Institution and/or Educational InstitutionI 23,500 Office space and/or shopping arcade and/or Retail space315,000 ind/or Multiplex 750,000 Proposed Area fin sq. meters) . i Residential Apartments Social Infrastructure Required M/s Uppal Developers Pvt. Ltd.

jne Oti +^1(464; 266E200

• 91(04f)4,ZBSBl63 • www. (ii) Sub:- Request for permission to annex water area to the SEZ at Puthuvypeen (Developer-Cochin Port Trust) Ref> 1. Your letter No.F(2)/2/2002-EPZ dated 18.04/07 (copy enclosed)~~ 2.Ministry of Commerce & Industry Notification dated 02.11.06 (copy enclosed.) 3.Your letter No. F (2) 2/2002- EPZ dated 11.05/06 addressed to M/s. Petronet LNG Ltd, New Delhi (copy enclosed) 4.Letter No.3/20/2002:Infra:CSEZ/3480 dated 29-05-2007 addressed to M/s. BPCL-Kochi Refinery (BPCL-KR) from the Development Commissioner, CSEZ (copy enclosed). Kind reference is invited to the letter and the Notification cited above (1 & I relating to the Puthuvypeen SEZ comprising an area of 285.8413 hectares owned by Cochin Port Trust (Developer).

2. The DoA has subsequently approved the following proposals related to
   

Puthuvypeen SEZ: (i) proposal submitted by M/s.Petronet LNG Ltd. (PLL) to be the Co- Developer providing the required infrastructure for a LNG Port & Regasification Terminal project; proposal submitted by BPCL-KR to be the Co-Developer providing the required infrastructure for a Single Point Mooring project; and proposals relating to the authorised operations to be carried out by PLL and BPCL-KR in the Puthuvypeen SEZ, vide letters (3) and (4) under reference cited above. As per Ministry's letter (3) cited under reference, the approved authorised ^operations during construction include 'Marine Works' which in turn includes construction of mooring dolphins, breasting dolphins, unloading platforms, ' Ui(_)>*9^vContd...2 No. T9/SEZ/2001 -C To The Secretary to the Govt. of India, Ministry of Commerce and Industries, DeparLrnen! of Commerce {EPZ Section), Udyog Bhavan, New Delhi - 110(111. (Altn: Shri.Yogendra Garg, Director (SEZ) ffl COCHIN PORT TRUST, , g nJ3(3"(SQ}f

tower, walkway bridges, approach trestle and deep sea jetty, in the at the southern side of the Puthuvypeen SEZ, adjoining the Port's channel. Moreover, the approved authorised operations include the and maintenance of LNG re-gasification facilities, Port Jetties etc. From e, it can be seen that the water area at the southern side of the een SEZ is an integral part of the LNG Port and Regasification per the Development Commissioner, CSEZ's letter (4} -sited under addressed to the M/s. BPCL-Kochi Refinery (BPCL-KR), the BoA in its held on 26* April, 2007 has approved the authorised operations to be carried out by BPCL-KR in the Puthuvypeen SEZ. These operations, inter alia, include the following: tallation of Single Point Mooring (SPM) and undersea eline from SPM to Shore Tank Farm (STF). (ii) Construction of Crude oil storage tanks at SIP and connecting piping. It may please be noted that: (i) the SPM, the unloading point of crude oil from ships, is located in the Arabian Sea about 19 km off Puthuvypeen SEZ; and (ii) the undersea pipeline connects the SPM to the Shore Tank Farm (STF) situated in the Puthuvypeen SEZ. Though these are integral to the SPM/ crude oil receipt facilities project, they are presently not under the SEZ. Operating in such a situation would be difficult, as the crude oil has to be first unloaded at DTA, taken to the STF in SEZ, and then pumped to the refinery in DTA, thereby resulting in multiple entry and exits. Similarly, problems will also arise when lightering of imported crude and loading of imported crude from STF to other refineries, are taken up at a later date as now proposed. 5.Moreover, the benefits of exemptions, concessions and drawbacks as per the SEZ Act, 2005 will not be available for the above marine works, which are both approved authorised activities and without which the projects taken up by PLL and BPCL-KR will not be operable. It may also be noted that 'infrastructure' as per *e ^efinition jiven in foe SEZ Rules, 2006, biter alia, include 'port iradudlng Jetties, Single point moorings, storage tanks, Interconnecting pipelines..'. 6.In this context, it b also informed that the balance land areas available at the southern end of Puthuvypeen SEZ and water area in front of it, being very near to foe Port's approach channel, have been reserved by foe Port for providing berthing facilities for deep draft vessels, and some of these projects like International Bunkering Terminal are likely to be token up shortly. Problems similar to those explained in foe case of PLL and BPCL-KR would arise in foe case of these facilities also, as the important marine infrastructure facilities like berths, basins, jetties etc. would be outside the SEZ.Contd..,3

Longitude 76^ 03' 10.14" Longitude 76 03' 10.14" Longitude 76^ 13'08.92" Longitude 76^13'08.92" Longitude 76^ 03' 10.14" Longitude 76 03' 10.14" Co-ordinates Point (F) (Latitude 10000'26.01", Point (G) : Latitude 10" 00' 02.59", Point (A) : Latitude 10 00' 02.59", Poinl(B) (Latitude 09 59'29.75", Point (H) [Latitude 09^ 59' 29.75", | Point (C) : Latitude 09" 59' 06.33", .Longitude 76 OF 51.32" Longitude 760 03'10.14" Longitude 76D 03' 10.14" Longitude 76 13' 08.92" Co-OTdinates Point (D): Latitude 09 59' 06.33" Point (C): Latitude 09" 59' 06.33" Point (H): Latitude 09" 59' 29.75" Point (B) : Latitude 09" 59'29.75". Longitude 76 01' 51.32" Lon^itude 76['O1' 51.32" Point (E) : Latitude 10 00' 26.01" Point (D): Latitude 09 59' 06.33" Longitude 76^ 13' 08.92" Longitude 76 03' 10.14" Longitude 76c 03' 10.14" Longitude 76^ 01' 51.32" Co-ordinates Point (A) : Latitude 10 00'02.59", Point (G) ; Latitude 10u 00' 02.59", Point (F) : Latitude 10 00' 26.07" Pomt (E) : Latitude 1O;| 00'26.01", North loundarie b) Water area for the SPM and undersea pipeline As such, the water areas which are integral parts oj the infrastructu: acilities within tht Puthuvypeen SEZ are also to be brought under the purvie of the SEZ lor ensuring its smooth functioning and accordingly, we propose annex the water area within tire following boundaries/co-ordinates contiguous I the Puthuvypeen SEZ as shown in the drawing enclosed as Appendix-A. a) Water area to be annexed for L.NC Pori & other port facilities ~~~Boundaries

(N.Rlmachandran) CHAIRMAN CC: The Development Commissioner- with a request to kindly Cochin Special Economic Zone, recommend to the Ministry Kakkanad.for attaching the water areas to the existing SEZ. /he ownership of the above water areas vest with tire Cochin Port Trust and the •notification issued by the Govt. of India in this regard is enclosed as Appendix-B. 8. H is requested that our proposal to annex the water area as indicated above to the Puthuvypeen SEZ be considered favourably and formal letter of approval/ amended Notification issued, at the earliest. Thanking you,

[Tl/RA N^ 655?) (16/06 20U7 MON 15:36 ff Sir, Please refer to MOC&I Notification No. f.2(2}/2002;EPl daied 2"d November, 2006 notifying Forl based Special Economic Zone at —^uthuvypeen, comprising an area of 285.8413 hectares with Cochin Port Trust as developer. M/s. Petronel LNG Limited (PLL), New Delhi and M/s. BPCL-KR hove been designated as co-developers by the BOA for providing required infrastructure for a LNG Port and Re-gasification terminal project and Single Point Mooring Project respectively. BOA has also approved the authorized operations proposed lo be carried out by PlL and BPCL-KR in the Putnuvypeen SEZ as per then extant procedure. 2 Puthuvypeen being a porf-based SEZ, the infrastructure being established by the developer/co-develaper will include facilities for handling ol vessels and cargo. By definition and purpose, some of pads of this infrastructure will have to extend beyond the land area into the sea. By reslricting the eligible infrastructure to the portion placed on land, the objectives of the SEZ scheme would have been only partially fulfilled. II may conld on page 2 To Shri Yogendra Garg, Diredor (SEZ), Ministry of Commerce & Industry, Udyog Bhavan, New Delhi ^ NO 011

Subject: Request for permission to annex water area to the SEZ at

Puthuvypeenby M/s. Cochin Port Irust - Regarding. OFFICE OF IHE DEVELOPMENT COMMISSIONER COCHIN SPECIAL ECONOMIC 2ONE '(CSEZ) MINISTRY OF COMMERCE & INDUSTRY GOVERNMENT OF INDIA KAKKANAD, COCHIN-662037 Phone 24131 11,24 13234. tax: 2413074 E-Mail, rnail@csez.gov.in Websile: hi I p://www,csez.com Date: 6.8.2007 I ^• TO;MINISTRY No. 3/34/2006:lnfia.CSEZ

06^05 2007 MClf- 15:36 ITlrtU" Hi) 6887] ^002 Developmentomfissioner ^ noted 1hat the defmilion of "infrastructure" in the SEZ Rules, 2006 incorporates some of these manne-relaled projects. Considering that these hove a siaiutory recogniHon and they, by definition, would be overlapping into the sea, if would be o kavesly of law to deny the full benefits of SEZ Act io the developer. Appropriately, that pari of fhe sea adjoining Ihe shore limits of the SEZ should also form par! of the SEZ uplo the maritime boundaries of the couniry. Legally, this would be in conformity with the geneial law that the maritime limit of the country is linked io the appropriate baseline. 3. " Further, in the case of BPCL-KR, which has been authorized to install Single Point Mooring [SPM), the discharge poinJ/ioad point is locaied in the Arabian Sea about 19 Kms. off Puthuvypeen SEZ with an undersea pipeline connecting the SPM lo the STF situated in the Puthuvypeen SEZ. This is a project with a huge outlay and will be used for carrying crude for DTA operations also. In such instances, DTA cargo will hove to undergo formalities of DTA twice with SEZ formalities in between thus rendering fhe entire procedure complex. Such complications can be avoided by declaring the adjoining sea area as n extension of the SEZ. A. Since the waterbody is under the control of the developer, contiguity issue is not in question. Further all sea-related activities in the area are controlled by and done upon authorization from Cochin Port Trust, thus rendering control over this sea portion of 1he SEZ easy. 5. in view of the above, inclusion of water areas as detailed by Cochin Port Trust /Annexed) is a vital necessity for the successful working of the scheme.

D/o Commerce( Shri Yogendra Garg, Director ), Udyog Bhavan, N. Delhi ) Deputy Secretary (IS-II) -^m-, 3.In view of the foregoing, D/o Commerce may consider the abve proposal on receipt of security clearance from this Ministry SECRET IMMEDIATE No. 11/20034/185/2007- IS-II Ministry of Home Affairs IS Division (IS.II)

---

N. Delhi 14lb September, 2007 Office Memorandum•, cpp 2007

Subject: Meeting of the Board of Approvals of Special Economic Zone

(SEZ) to be held on 18.9.07. The undersigned is directed to refer to D/o Commerce's OM No. F2/8/2007-SEZ dated 3.9.07 forwarding a list of proposals for security clearance and subsequent OM dated 10.9.07 forwarding a list of supplementary agenda on the above subject. 2.D/o Commerce needs to obtain security clearance from this Ministry only for such proposals that fall under sensitive industries, sectors as well as sensitive areas as per this Ministry's OM No. 11/20034/107/2005- IS-II dated 10.2.2006 spelling out guidelines in this regard. All the proposals received from D/o Commerce were considered and apparently there seems to be no objection from security point of view except the following proposal that appears to attract the provisions of above referred OM dated 10.2.06 and is under consideration in this Ministry in consultation with security agencies. i) Mundra Port and Special Economic Zone Ltd, Mundra Taluka Distt. Kutch, Gujarat for Multi Product

1.Central Board of Excise and Customs (Shri Devender Dutt, Member (Customs), Department of Revenue, North Block, New DelhifFax: 23092628) 2.Central Board of Direct Taxes (Shri Dinesh Venna, CIT (ITA), Department of Revenue, North Block, New Delhi. (23095479) 3.Ministry of Finance (Shri Rakesh Singh, Joint Secretary), Banking Division, Department of Economic Affairs. (Fax: 23367702/23360250) 4.Department of Industrial Policy and Promotion (Shri Gopal Krishna, Joint Secretary). 5.Ministry of Science and Technology (Dr. Laxman Frasad, Adviser & Head (TDT & NSTMIS), Technology Bhavan, Mehrauli Road, New Delhi. (Telefax: 26510686) 6.Additional Secretary and Development Commissioner (Small Scale Industry) (Shri Jawhar Sircar), Room No. 701, Nirman Bhavan, New Delhi. (Fax: 23062315) 7.Department of Information Technology (Shri M. Madhavan Nambiar, Additional Secretary), Electronics Niketan, 6, CGO Complex, New Delhi. (Fax: 24363101) (YOGENDRA GARG) Member Secretary SEZ BOA and Director Tel: 2306 3434 E-mail: y.garg@nic.in OFFICE MEMORANDUM

Subject: Meeting of the Board of Approval of Special Economic Zone (SEZ) held on

18th September, 2007 at 3.00 P.M. -Reg. The minutes of the meeting of the Board of Approval held on 18th September, 2007 under the Chairmanship of Shri Gopal K. Pillai, Secretary, Department of Commerce, are forwarded herewith for perusal and further necessary action. Udyog Bhawan, New Delhi Dated the 4th October, 2007 No. F. 2/8/2007-SEZ Government of India Ministry of Commerce & Industry Department of Commerce (SEZ Section)

8.Ministry of Home Affairs (Shri L.C Goyal, Joint Secretary), North Block, New Delhi. (Fax:23093153) 9.Ministry of Defence (Shri Anand Misra, Joint Secretary (Coordination), South Block, New Delhi. (Fax: 23792043) 10.Ministry of Environment and Forests (Dr. Anand Kumar, Adviser), Room No. 554, Pariyavaran Bhavan, CGO Complex, New Delhi - 3. (Telefax: 24364592) 11.Legislative Department (Shri S.R.Dalheta, Joint Secretary and Legislative Counsel, Room No. 430, A-Wing, Shastri Bhavan, New Delhi). (Fax: 23384832) 12.Ministry of Overseas Indian Affairs (Shri G. Gurucharan, Joint Secretary (FS), Akbar Bhawan, Chankyapuri, New Delhi. (Fax: 24674140) 13.Department of Urban Affairs, Town Country Planning Organisation, (Shri J.B.Kshirsagar, Chief Planner), Vikas Bhavan (E-Block), I.P. Estate, New Delhi. (Fax: 23073678/23379197) 14.Director General of Foreign Trade (Shri R.S.Gujral, DG), Department of Commerce, Udyog Bhavan, New Delhi. 15.Shri L.B. Singhal, Director General, Export Promotion for EOUs/SEZ Units, 705, Bhikaji Cama Bhavan, Bhikaji Cama Place, New Delhi - 110 066. (26165538). 16.Dr. Rupa Chanda, Professor, Indian Institute of Management, Banglore, Bennerghata Road, Banglore, Karnataka. 17.Development Commissioner, Noida Special Economic Zone, Noida. 18.Development Commissioner, Kandla Special Economic Zone, Gandhidham. 19.Development Commissioner, Falta Special Economic Zone, Kolkata. 20.Development Commissioner, SEEPZ Special Economic Zone, Mumbai. 21.Development Commissioner, Madras Special Economic Zone, Chennai 22.Development Commissioner, Visakhapatnam Special Economic Zone, Visakhapatnam 23.Development Commissioner, Cochin Special Economic Zone, Cochin 24.Development Commissioner, Indore Special Economic Zone, Madhya Pradesh. 25.Government of Andhra Pradesh (Shri B. Sam Bob, Principal Secretary and OP), Industries and Commerce Department, A.P. Secretariat, Hyderabad - 500022. (Fax: 040-23452895). 26.Government of Maharashtra (Shri V.K. Jairath, Secretary) Industries, Energy and Labour Department Mantralaya, Mumbai - 400 032. (Fax: 022-22824446). 27.Government of Karnataka (Shri K.M.Shivakumar Principal Secretary), Commerce and Industries Department, Room No. 106, Vikasa Soudha, Bangalore - 560001 (Fax: 080-22259870). 28.Government of Uttar Pradesh (Smt. Archana AgarwaL Secretary), Lai Bahadur Shastri Bhawan, Lucknow - 226001 (Fax: 0522-2238255). 29.Government of Tamil Nadu (Shri Shakthikanta Das, Secretary (Industries)), Fort St. George, Chennai - 600009 (Fax: 044-25670822). 30.Government of West Bengal (Shri Sabyasachi Sen, Principal Secrelary (Commerce and Industries), Writers Building, Kolkata - 744010 (Fax: 033- 22144371).

Copy to PPS to CS/PPS to AS(RG)/PS to JS (AM)/PS to Dir (YG). 31.Government of Haryana (Shri F.K. Chaudhury, Financial Commissioner and Principal Secretary), Department of Industries, Haryana Civil Secretariat, Chandigarh (Fax: 0172-2740526). 32.Government of Gujarat (Dr. D. Rajagopalan, Principal Secretary) Industries and Mines Department Sardar Patel Bhawan, Block No. 5, 3rd Floor, Gandhinagar - 382010. (Fax: 079-23250844). 33.Government of Orissa (Shri I. Srinivas, Commissioner-cum-Secretary Industries), Orissa Secretariat, Bhubaneshwar - 751001 (Fax: 0671- 536819/2406299.