Final Minutes of 16th BOA Meeting - 8th August,2007

Minutes of the 16th meeting of the SEZ Board of Approval held on
th 8 August 2007 at 10.30 A.M., to consider proposals for setting up of Special Economic Zones and other miscellaneous

The sixteenth meeting of the SEZ Board of Approval was held on 08.08.2007 at 10.30 A.M. under the Chairmanship of Shri Gopal K. Pillai, Commerce Secretary, Department of Commerce at Conference Room No. 108, Udyog Bhawan, New Delhi to consider proposals for setting up of Special Economic Zones and other miscellaneous requests in respect of notified/approved SEZs. A list of participants is enclosed. (Appendix). The Chairman informed the Members of the Board that so far formal approvals have been granted for setting up of 362 SEZs out of which 136 have been notified. He informed that over Rs. 45377 crores have already been invested in these notified SEZs and that these SEZs are providing direct employment to 38405 persons, which has increased from 35053 reported during the BoA meeting held on 12th July, 2007. He further informed that it is expected that by the year end both the investments in crores and the additional employment in these new SEZs would touch the 100,000 mark. He apprised that large number of proposals are awaiting the recommendation of the State Governments, who have been requested to send their recommendation/views within a period of 2 months. Thereafter, the agenda for the meeting was taken up for discussion.

Main agenda

Item No. 1: Request of M/s Adarsh Prime Projects Pvt. Ltd. for conversion of
in-principle to formal approval for IT/ITES at Banglore, Karnataka

The State Government informed that as per their information, the land is not in possession with the developer and the land use also has not been cleared. Therefore, they requested that the proposal may be deferred. On the request of the State Government, the consideration of proposal was deferred.

Item No. 2: Requests for co-developer

(i) Request of Nokia Telecom SEZ Park Society for co-developer in the Nokia Telecom SEZ at Sriperumbudur, Tamil Nadu

The representative of the developer made a brief presentation wherein he informed that the Nokia Telecom SEZ Park Society, as a co-developer shall provide platform for the resident units to operate, administrator and maintain the common use facilities and share services on mutual association basis. He stated that it will be an independent “not for profit” entity which has been formed by all resident units as its member, for their welfare within the processing area of the Nokia Telecom SEZ.

It was noted that it is not strictly similar to the usual proposals wherein a company or entity is a co-developer in a SEZ. Instead it is a society of resident units which is proposed to be constituted with a view to develop, operate and maintain Minutes of the 16th meeting of the SEZ BOA held on 8th August 07

processing area in the Nokia Telecom SEZ. Department of Revenue representative noted that the society does not meet the net worth criteria stipulated for the co- developer.

After deliberations, the Board noting that it the society has as its members Nokia and its vendor companies, who are financially sound, approved the proposal of Nokia Telecom SEZ Park Society for co-developer in Nokia Telecom SEZ, at Sriperumbudur, Tamil Nadu subject to the condition that only the Developer and the units within the Nokia SEZ will be its members and no outsider will be allowed to be a member of the society approved as co-developer.

(ii) Request of M/s Topnotch Projects Private Limited for co-developer in IT/ITES SEZ at Hyderabad, Andhra Pradesh proposed to be developed by M/s Topnotch Infrastructure Private Limited

The Board noted that the promoter of the co-developer company and the developer company is M/s Nuziveedu Seeds Limited whose net worth is Rs. 256.72 crores. After deliberations, Board approved the proposal of M/s Topnotch Projects Private Limited for co-developer in IT/ITES SEZ at Hyderabad, Andhra Pradesh proposed to be developed by M/s Topnotch Infrastructure Private Limited

(iii) Request of M/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 Board noted that the financial details of the company are not available. In view of this, the Board decided to defer the consideration of request..

(iv) Request of MPSEZ Utilities Pvt. Ltd. for co-developer in the multi product SEZ at Mundra, Gujarat proposed to be developed by Mundra Port and Special Economic Zone Ltd. (MPSEZL)

Member, CBEC observed that the proposal may be deferred till port issues relating to Mundra are settled. In view of this, the request of MPSEZ Utilities Pvt. Ltd. for co-developer in the multi product SEZ at Mundra, Gujarat was deferred.

Item No. 3: Request for increasing/decreasing the area of the existing SEZ

(i) Request of M/s Suzlon Infrastructure Limited for increasing the area of the sector specific SEZ for hi-tech engineering products at Manglore, Karnataka

The State Government confirmed that the land is in possession of the developer and recommended the request of the developer for increase in area of the SEZ. Accordingly, the Board approved the request of M/s Suzlon Infrastructure Limited for increasing the area of the sector specific SEZ for hi-tech engineering products at Manglore, Karnataka from 175 hectares to 259.64 hectares.

Minutes of the 16th meeting of the SEZ BoA held on 8th August 07

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(ii) Request of Reliance Jamnagar Infrastructure Limited for increasing the area of the multi product SEZ

The Development Commissioner Kandla SEZ informed that only 540 hectares of land is in possession of the developer, which is vacant and contiguous. The State Government also recommended the request of the developer for increase in area of the SEZ by adding additional land. Accordingly, the Board approved the request of M/s Reliance Jamnagar Infrastructure Limited for increasing the area of the multi product SEZ from 1224.10 hectares to 1764.10 hectares.

(iii) Request of M/s. Chandigarh Administration for re-notification of the notified SEZ for IT/ITES Sector at Chandigarh.

Director, Chandigarh Administration requested that the area of their SEZ in
Phase I, which has already been notified may be re-notified with area under Infosys Technologies Ltd. (12.22 Hectares only) to be the SEZ and the remaining area may be released from the SEZ. In this connection, the Developer informed that no other unit except Infosys Technologies has started operations. He also confirmed that only Infosys Technologies has availed duty exemptions and no other unit has availed these benefits.

After deliberations, the Board approved the request of the developer for
reduction in area of the notified SEZ for IT/ITES Sector at Chandigarh, with an area of 12.22 hectares.

(iv) Request of M/s Luxor Cyber City Private Ltd. for increasing the area of the Electronic Hardware including IT/ITES SEZ

State Government of Haryana confirmed that the land is in possession of the developer and recommended the proposal for increasing the area of the SEZ. Accordingly, the Board approved the request of M/s Luxor Cyber City Private Ltd. for increasing the area of the Electronic Hardware including IT/ITES SEZ at Village Sikohpur, Tesil Sohna, District Gurgaon, Haryana from 27.0785 hectares to 34.9825 hectares.

(v) Request of the MIDC for decreasing area of the sector specific SEZ for power generation sector at Bhadravati, Chandrapur, Maharashtra

After discussion, the Board approved the a request of the MIDC for decreasing area of the sector specific SEZ for power generation sector at Bhadravati, Chandrapur, Maharashtra from 1100 hectares to 637.48 hectares.

Item No. 4: Request of Maharashtra Industrial Development Corporation (MIDC) for relaxation of contiguity in the multi-product SEZ at Nandangaonpeth, Amravati, Maharashtra

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The developer has informed that there is 1 km PWD road, passing through the SEZ, which they are trying to re-locate outside the SEZ. The Board noted that since the SEZ has not been notified and the developer is confirming the possibility of relocation of road and establishing contiguity within 6 months, this aspect can be considered at the time of notification. Noting that if the developer is able to re-locate the road, there will be no issue of relaxing the contiguity, the Board dropped the proposal for relaxation of contiguity condition.

Item No. 5: Request for Authorized operations

(i) Request of M/s Wockhardt Ltd. in the Sector Specific SEZ for Pharmaceuticals at Shendre Five Star Industrial Ares, Aurangabad District, Maharashtra

The representative of the company made a brief presentation on the requests of the authorized operations in the SEZ, indicating the quantum and justifications of these activities. He also informed that approximately 20,000 employees will be serving in this SEZ. After deliberations, the Board approved following activities / operations in the SEZ:

• 950 Houses not exceeding an area of 10,000 square meters • One School upto 12th Standard, with built up area not exceeding 10,000 square meters. • A 100 bed Hospital including clinic not exceeding 10000 sqm built-up area • Office Complex not exceeding an area of 10,000 square meters. • Shopping arcade and multiplex with built up area not exceeding 20,000 square meters.

(ii)
Request of Maharashtra Airport Development Corporation for multi- product Special Economic Zone at Mihan, Nagpur, Maharashtra.

The representative of the company made a brief presentation on the requests of the authorized operations in the SEZ, indicating the quantum and justifications of these activities. He also informed that about approximately 1,20,000 employees will be serving in this SEZ when fully developed. After deliberations, the Board approved following activities / operations in the SEZ for 100% consumption of the SEZ users:

• Central Facility Building not exceeding 22,200 sqm built up area and Fire Station not exceeding 2300 sqm built up area in the Processing area • Housing Phase I as per the plan provided by the developer with total number of 2082 flats with a built up area of 2,75,000 square meters. • 10000 houses in Phase II total built up area not exceeding 17,00,000 sqm • 6 Dormitory Blocks of 10 rooms each not exceeding 11000 sqm built up area

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• 16 rooms for officers not exceeding 1000 sqm built up area • Diagnostic Centre with 250 bed hospital and pharmacy/medical store in the non processing area with built up area not exceeding 25000 sqm

The Board deferred the proposal of the developer for creating a Health City within the processing area and decided that the developer may submit a detailed proposal in this regard, which may then be referred to the Ministry of Health and Family Welfare for comments, and then, it may be taken up in the next meeting of the Board of Approval.

(iii) Request of M/s Mundra SEZ Integrated Textile and Apparel Park for authorized operations as co-developer of Mundra SEZ.

The Government of Gujarat representative stated that the Textile Park is a part of the new proposal submitted by the developer, on which the recommendation of the State Government will be sent to the Department of Commerce. The Board noted that since the SEZ is yet to get the approval of the Board, the authorized operations may be deferred.

(iv) Request of M/s. SEZ Biotech Services Pvt. Ltd. for authorized operations in Serum Bio-pharma park at Hadapsar, Pune, Maharashtra.

The Board approved the request of M/s. SEZ Biotech Services Pvt. Ltd. for following authorized operations in Serum Bio-pharma park at Hadapsar, Pune, Maharashtra:

• 5 MW power generation . • Warehousing facility with a built up area of 10,00,000 square feet. • Storage tank for fuel and interconnectivity pipes, within the processing area • Cold Storage facility within the processing area. • Air Conditioning and Refrigeration within the processing area.

Item No. 6: Request of M/s. Maruti Exports seeking permission for broad banding for services to overseas entity.

The Board noted that comments of the Ministry of Environment and Forest may be called on the issue. Accordingly, it was decided to defer the proposal.

Item No. 7: Appeal filed by M/s Glitz Global against rejection of their application by the Unit Approval Committee of Noida SEZ

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The Board noted that company should be given an opportunity to present their point of view. Accordingly, it was decided to defer the proposal and call the company in the next meeting for presentation of their case.

Item No. 8 : Request of Delhi Metro Rail Corporation for conversion of STPI to SEZ

The representative of the DMRC informed that work on setting up the park was started after submission of the formal application for approval of the SEZ on 12th May, 2003. During this process, one IT building was set up in this park between December, 2003-March, 2005. Construction of the second building in this park was taken up in end 2005 which is nearing completion. The tenants, to whom building was rented, started functioning.

The Board noted that this is one of the cases covered under Rule 5(3) of the SEZ Rules. After detailed deliberations, it was decided to call for further details from the developer and the unit(s) functioning there in regard to status of the units, tax exemptions availed by the functioning unit etc. which may then be circulated to the members of the BoA for further examination before placing it for the consideration of the Empowered Group of Ministers on SEZs.

Item No. 9 : Request of M/s Sameer Industries, a unit in Kandla SEZ of extension of the Letter of Approval.

Development Commissioner, Kandla SEZ briefed the Board on the issue. He informed that Sameer Industries, a unit in Kandla SEZ was granted a letter of permission on 23.9.1995 for setting up of a new unit in the Kandla SEZ) for manufacturing of recycled items from imported scrap/ old and used machinery items. He apprised that Gujarat Pollution Control Board had issued them Show Cause Notice for not obtaining their consolidated consent and authorization, inter- alia stating that the unit’s import consisting of PVC coated copper cables attracted Hazardous Waste Rules provisions and their import required registration with Central Pollution Control Board. DC further informed that on the basis of the GPCB objection, the Development Commissioner had issued notice for cancellation of the LOA. It was intimated that the case was also considered by the Approval Committee who did not favour cancellation of the LOA in view of their satisfactory export performance and employment .

After discussions, the Board decided that views of the Ministry of Environment and Forest may be invited on the issue. It was also decided that comments of the Ministry of Law and Justice may be called on the SCMC report. Accordingly, the Board deferred the proposal.

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Item No. 10: Request of M/s. Essar SEZ Hazira Limited for relaxation of contiguity and inclusion of 35 hectares in the sector specific SEZ for engineering sector at Hazira, Gujarat.

The Board decided to reject the proposal noting that there is no provision of the relaxation in the contiguity in the sector specific SEZs.

Supplementary Agenda

Item No. 1: Proposals for setting up of the SEZs

Request for setting up of a sector specific SEZ for IT sector at Pocharam Village, Ghatkesar Mandal, Rangareddy District, Andhra Pradesh by Infosys Technologies Limited -119.87 hectares (Supplementary agenda – Annexure –I -
Sl. No. 1):

The Board noted the Developer was in possession of the land. The State Government had also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific SEZ for IT sector at Pocharam Village, Ghatkesar Mandal, Rangareddy District, Andhra Pradesh by Infosys Technologies Limited over an area of 119.87 hectares.

Request for setting up of a sector specific SEZ for IT sector at Pocharam Village, Ghatkesar Mandal, Rangareddy District, Andhra Pradesh by Infosys Technologies Limited - 60.93 hectares (Supplementary agenda – Annexure –I -
Sl. No. 2):

The Board noted the Developer was in possession of the land. The State Government had also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific SEZ for IT sector at Pocharam Village, Ghatkesar Mandal, Rangareddy District, Andhra Pradesh by Infosys Technologies Limited over an area of 60.93 hectares.

Request for setting up of a sector specific SEZ for Biotech sector at Village Shahbaez, Taluka Alibaug, District Raigad, Maharashtra by Veritas Infrastructure Development Limited - 50 hectares (Supplementary agenda – Annexure –I - Sl. No. 3):
The Board noted the Developer was not in possession of the land. The State Government had also recommended the proposal. Accordingly, the Board decided to grant In-principle approval for setting up of a sector specific SEZ for Biotech sector at Village Shahbaez, Taluka Alibaug, District Raigad, Maharashtra by Veritas Infrastructure Development Limited over an area of 50 hectares.

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Request for setting up of a multi product SEZ at Raigad District, Maharashtra by ISPAT Industries Limited - 1012 hectares (Supplementary agenda – Annexure –I - Sl. No. 4):

The Board noted the Developer was not in possession of the land. The State Government had also recommended the proposal. Accordingly, the Board decided to grant In-principle approval for setting up of a multi product SEZ at Raigad District, Maharashtra by ISPAT Industries Limited over an area of 1012 hectares.

Request for setting up of a sector specific SEZ for IT/ITES Sector at Thriveni Nagar, Badakkapattu, P.O. Singaperumal Koil Chenglepattu, Chennai, Tamil Nadu by Blue Vision Constructions Private Limited -42.49 hectares (Supplementary agenda – Annexure – I - Sl. No. 5):

The Board noted the State Government has sought deferment of the proposal. Accordingly, the Board decided to defer the proposal.

Item No. 2: Proposals for conversion of in-principle to formal approvals

Request for setting up of a sector specific SEZ for IT/ITES Sector at Uttar Gazipur, South 24 Parganas (earlier Kalyani Expressway, West Bengal) by Enfield Infrastructure Limited - 16 hectares (Supplementary agenda – Annexure – II -
Sl. No. 1):

The Board noted the Developer was in possession of the land. The State Government had also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific SEZ for IT/ITES Sector at Uttar Gazipur, South 24 Parganas (earlier Kalyani Expressway, West Bengal) by Enfield Infrastructure Limited over an area of 16 hectares.

Request for setting up of a sector specific SEZ for IT/ITES Sector at Jaipur, Rajasthan by Genpact Infrastructure (Jaipur) Private Limited - 10 hectares (Supplementary agenda – Annexure – II - Sl. No. 2):

The Board noted the Developer was in possession of the land. The State Government had also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific SEZ for IT/ITES Sector at Jaipur, Rajasthan by Genpact Infrastructure (Jaipur) Private Limited over an area of 10 hectares

Item No. 3: Requests for co-developer

(i) Request of IBS Software Services (P) Ltd. for co-developer in the Electronics Technology Park SEZ, Trivandrum for IT/ITES

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The Board noted that net worth of the company is Rs. 95.03 crores. After deliberations, the Board approved the request of IBS Software Services (P) Ltd. for co-developer in the Electronics Technology Park SEZ, Trivandrum for IT/ITES

(ii) Request of M/s. SEZ Bio-Tech Services Private Limited as co-developer in Biotech and Pharma SEZ at Hadapsar, Pune, Maharashtra, proposed to be developed by M/s. Serum Bio-Pharma Park SEZ

The Board noted that the paid up capital of the company is Rs. 10.12 crores. After deliberations, the Board approved the request of M/s. SEZ Bio-Tech Services Private Limited as co-developer in Biotech and Pharma SEZ at Hadapsar, Pune, Maharashtra, proposed to be developed by M/s. Serum Bio-Pharma Park SEZ.

Item No. 4: Request of Mahindra World City Chennai for increasing the area of the IT SEZ at Kancheepurma, Tamil Nadu

The Board approved the request of M/s Mahindra World City Developers Limited for increasing the area of the SEZ from 262.13.8 hectares to 269.26 hectares by adding additional land to the extent of 7.13 hectares.

Item No. 5: Request of Adani Power Limited for increase in power generation capacity in the SEZ for supply of power at Mundra, Kutch, Gujarat

The representative of the State Government informed that in the first phase the developer proposes to enhance the power generation capacity to 2640 MW and in the second phase up to 5040 MW. After deliberations, the Board decided to approve the request of Adani Power Limited for increase in power generation capacity in the SEZ from 2000 MW to 2640 MW, subject to norms, which are being worked out and will be laid down.

Item No. 6: Request of M/s. Gujarat Textiles for transfer of unit from Falta SEZ to Kandla SEZ

After deliberations, the Board decided to reject the request of M/s. Gujarat Textiles for transfer of unit from Falta SEZ to Kandla SEZ.

Item No.7: Request of M/s. QuEST Machining and Manufacturing Private Limited for transfer of in-principle approval in the name of SPV.

The Board noted that details with regard to the net worth of the SPV company is not available. Accordingly, the Board decided to defer to the proposal.

Item No. 8: Request for authorized operations

(i) Request of M/s. DivyaSree NSL Infrastructure Private Limited for authorized operations in the IT/ITES SEZ at Ranga Reddy District, Andhra Pradesh

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After deliberations, the Board decided to approve the following activities within the Processing Area:

(1) Employee Welfare Facilities

• Food court with a built up space of 9,290.304 square meter (100,000 square feet) • Health club-built up space of 929.03 square meter (10,000 square feet) • Business center-built up space of 2,787.092 square meter (30,000 square feet) • Convenience store with a built up space of 929.03 square meter (10,000 square feet)

(2) Play ground, amphitheatre with a built up space of 1,858.061 square meter (20,000 square feet) (3) Travel desk built up space of 464.52 square meter (5,000 square feet) (4) Medical centers with a built up space of 185.81 square meter (2,000 square feet) (5) Recreation and games area built up space of 929.03 square meter (10,000 square feet) (6) Bus bay (7) Space for Bank ATM and Bank Branches with a total built up area not exceeding 929.03 sqm (10000 sq feet)

(ii) Request of M/s Serum Bio-pharma Park for authorized operations

The request of the developer for construction of office space/commercial space with a total built up space admeasuring 75,000 sq.ft. was approved.

Item No. 9: Request of M/s Wockhardt Limited for approval and development of units concurrent with construction and development of boundary wall and other infrastructure

The representative of the developer briefly explained the request, stating that the boundary wall around their SEZ would be approximately 6 kms long and its construction would take around 6 to 8 months. As per the developer, this would
cause delay in approval of units and consequent delay in procurement of machinery and thus, commencement of operation of the units.

After deliberations, the Board decided that a suitable decision in this regard may be taken by the Development Commissioner in consultation with Commissioner, Central Excise.

Supplementary Agenda –II

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Item No. 1: Requests for co-developer

(i) Request of M/s Kolland Developers Private Limited for co-developer in the multi-product SEZ at Mihan, Nagpur proposed to be developed by Maharashtra Airport Development Company

The Board noted that the net worth of the co-developer company is Rs. 107.30 crores. After deliberations, the Board decided to approve the request of M/s Kolland Developers Private Limited for co-developer in the multi-product SEZ at Mihan, Nagpur proposed to be developed by Maharashtra Airport Development Company

(ii) Request of M/s. DLF Assets Private Limited for co-developer in the IT/ITES SEZ at Pune, Maharashtra proposed to be developed by DLF Akruti Info Park (Pune) Limited

After deliberations, the Board decided to approve the request of M/s. DLF Assets Private Limited for co-developer in the IT/ITES SEZ at Pune, Maharashtra proposed to be developed by DLF Akruti Info Park (Pune) Limited

(iii) Proposal for co-developers in the multi product SEZ to be developed by NMSEZ Development Company (formerly CIDCO)

The Board noted that further details in regard to activities to be performed, investment proposed and net worth etc. are required. Pending further details, the Board decided to defer the proposals of the co-developers.

Item No. 2: Requests for transfer of approvals in the name of a new company

(i) Request for transfer of formal approval in the name of an SPV company for IT/ITES SEZ at Gurgaon, Haryana.

The Board noted that the entire land is not in possession of the developer. The Board, therefore, decided to defer the request of the developer for transfer of formal approval in the name of an SPV company i.e. M/s Ansal SEZ Project Limited.
Haryana.

(ii) Request for transfer of formal approval in the name of an SPV company for sector specific SEZ for engineering goods at Sonepat, Haryana.

The Board noted that the entire land is not in possession of the developer. The Board, therefore, decided to defer the request of the developer for transfer of formal approval in the name of an SPV company i.e. ‘M/s. Kamdhenu Agro Limited’ .

Item No. 3: Boundary fencing of IT SEZ Jaipur, Rajasthan proposed to be developed by M/s. Mahindra World City (Jaipur) Limited

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The Board decided to defer the proposal and directed to call report of the Development Commissioner, which may then be brought before the Board of Approval for consideration.

Item No. 4: Request of M/s. Essar SEZ Hazira Limited to operate Belt Conveyor Systems for carting of material in an out of SEZ

The Board decided to defer the proposal and directed to call report of the Development Commissioner, which may then be brought before the Board of Approval for consideration.

Item No. 5: Request of M/s. RNB International Pvt. Ltd. for inclusion of “Market Research & Public Opinion Polling Services” in the LOA

The Board approved the request of M/s. RNB International Pvt. Ltd. for inclusion of “Market Research & Public Opinion Polling Services” in the Letter of Approval subject to no FDI for the said activity.

Additional Item: Fixation of Allowances for the BoA member representing IIM/IIFT

The Member Secretary informed the Board that it had been earlier decided in case of Prof. Anurag Agarwal of IIM Ahmedabad that his travel entitlements and daily allowance for attending the BoA meetings would be as per his entitlements for travel on the Institute work. It was further informed that since ths said decision was by name for Prof. Agarwal and since he has resigned and Prof. Rupa Chanda of IIM Bangalore has been appointed there is a need to refix the entitlements. The Board decided that the entitlements of member nominated from IIM/IIFT would be as per their entitlement in the Institute concerned.

The meeting ended with vote of thanks to the Chair.

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