IN FORCE Minutes SEZ / EOU / FTWZ 2009-02-23

Final minutes of 32nd BoA Meeting - 23rd February, 2009

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Minutes of the 32nd meeting of the SEZ Board of Approval held on 23rd February 2009, at 10.00 A.M., to consider proposals for setting up of Special Economic Zones

The thirty second meeting of the SEZ Board of Approval was held on 23.02.2009 at 10.00 A.M. under the Chairmanship of Shri Gopal K. Pillai, Secretary, Department of Commerce in 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 (Annexure I).

Addressing the Board of Approval members, the Chairman informed that out of the 560 formal approvals granted for setting up of SEZs, 286 SEZs have been notified as on date. Investment of over Rs. 101906.21 Crores has already been made in these SEZs. Total employment to over 3,66,333 persons has been provided by the Special Economic Zones. The exports during 2007-08 have been to the tune of Rs.66,638 crores registering a growth of 92% over 2006-07. The exports upto December 2008 have been to the tune of Rs. 67,000 crores.

Item No.1: Pending proposals relating to M/s Essar SEZ Hazira Limited

Initiating the discussions, Chairman pointed out that the EGoM, in its meeting held on 24th October 2008, had decided to confirm the decision of Department of Commerce to notify Essar SEZ. It was also decided that the case of M/s Mundra Port and M/s Essar would be treated as exceptions and that for other proposals of SEZ, the condition of land being vacant would be insisted upon which should clearly mean that there should be no functional ports, manufacturing units, industrial activities or structures in existence in the area to be notified at the time of application by a developer for approval of an SEZ. Hence, it can be seen that Essar SEZ and the Mundra Port SEZ are exceptions duly approved by EGoM.

Following the EGoM decision, DC KASEZ was asked to conduct a survey and submit a report on the issues of (i) addition/deletion of area in the SEZ (ii) belt conveyor system (iii) multiple entry gates to the SEZ.

A) Addition/deletion of area in the SEZ

Accordingly, the DC conducted the survey and in his report indicated that (i) in respect of addition/deletion, some areas which have been recommended for deletion contain some utility facility, maintenance facility, storage facility which are on the
periphery of SEZ and these are owned and used by the existing DTA unit of Essar Steels Ltd. The survey numbers of these existing utilities are overlapping with the SEZ area. Therefore, the aforesaid areas covered by such survey numbers need to be deleted from the SEZ area. These areas have been separated from the SEZ by wire mesh fencing. The following are the areas for deletion:

Area admeasuring 29.9590 ha which have to be deleted in full. These survey numbers have been included within the original SEZ notification at serial

number listed at Sr.No.10, 12, 18, 21, 26, 29, 37, 40, 41, 48 to 51, 53 to 58, 64, 69 to 72, 75, 76, 78, 80,82 to 89, 108 to 110 and 198. 2) Area admeasuring 9.0717 having areas to be deleted in part. The areas covered under these Survey Nos. are overlapping between the DTA and the areas within SEZ. The survey nos. have been included at SL No. listed at Sr. 9, 11, 13, 14, 16, 17, 19, 24, 39, 43, 47, 52, 63, 65, 66, 77, 79, 81, 111, 126, 133, 134, 135 and 136 of the original SEZ Notification dated 28.09.2006. 3) Area admeasuring 1.1231 ha in Survey no. 196/1 and 196/3 appearing at Sl No. 105 and 104 are requested for deletion in full. The developer vide their letter dated 2nd August, 2008 stated that this area is required by them for their Pipe Mill project coming up in DTA.
4) As regards addition, an area of 17.7961 ha has been requested for by the developer. These areas have been added on account of further additional acquisition of land by the developer. The area of 17.7961 ha is contiguous to the current notified SEZ area and Mamlatdar has issued a certified confirming possession of this land. The land is under the possession of M/s Essar Steel Ltd. which has been leased/proposed to be leased to the developer for a period of 20 years. This area was lying vacant at the time of application by the developer. The developer vide their letter dated 30th December 2008 has indicated that the area admeasuring 5.6656 ha is not required for addition.
These areas were sought to be notified for the purpose of carrying out various activities relating to the blast furnace area on the other side of the Surat Hazira Road. However, due to the lack of contiguity for the blast furnace area at present, the requests for inclusion of blast furnace area has been withdrawn by the developer. Accordingly, the additional area requested for is 10.9974 ha.
5) There are certain areas which call for typographical and miscellaneous corrections which are as under:

Sl.No. of Notification Survey Number Area as per Notification (in ha) Area to be Amended 100 192/1/1 0.6961 0.6981 103 192/3 1.0626 1.0826 207 235/B 0.2538 2.0538

TOTAL 2.0125 3.8345

These corrections have to be carried out as the areas shown in column 4 above are as per Revenue Authorities Certificate submitted at the time of issuance of

Notification and upon subsequent comparison of the survey numbers with the notified area the above difference was noticed. The above corrections would result in addition of the area by 1.822 ha. However, the total area in the original notification was 247. 522 ha whereas correct mathematical total comes to 245.7602 ha. Therefore, there is difference of 1. 7620 ha requiring to be reduced from the Notification. The net area to be added after considering the above addition/reduction is 0.06 ha (1.822 ha – 1.762 ha).

The summary of addition/deletion typographical corrections are as under:

S.No. Description Area in Hectares 1. Area covered by the Original SEZ Notification 247.5222 2. Area sought to be deleted 40.1538 3. Area sought to be included a) Addl. Acquisition 10.9974

                              b)Typographical correction

0.0600 4. Total Area of SEZ after proposed Addition/ Deletions. 218.4258

During the course of the discussions that followed, the representative of Department of Revenue pointed out that they are not in favour of any deletion of the area. This is on account of reports received from their field formations wherein the developer though has claimed that he has paid the duty, there are still issues regarding duty on imported equipment. Further, there are legal problems as it is not clear as to under which scheme he has claimed exemptions and under which scheme he has paid a duty. Duty aspect has to be seen from both SEZ and Customs Act. To their understanding, the setting up of the SEZ is an artificial delineation as the developer wants to get ex-post facto approval for the duties not paid and exemptions sought.

BOA noted that whatever the equipment, the developer brought in before the Notification, duties have to be paid and after the issue of the Notification, the exemptions come into play. DC, KASEZ indicated that the areas proposed to be deleted is distinct and is in the DTA area and was already fenced off at the time of the Notification. The utilities in this area were in existence and no duty benefits have been claimed. It merely happened that when the DDC conducted the survey, the survey numbers were the same for the DTA area and the SEZ area.

BOA held the opinion that the entire matter has been considered by EGoM and the issue has been settled. The addition/deletion/correction is being approved subject to the custom duty/excise being refunded in case incorrectly claimed by the developer. For this purpose, DC KASEZ and the customs authorities will jointly examine the issues and make a proper assessment for settlement by the developer. A copy of the map of the SEZ before and after the addition/deletion is at Annexure II. With these observations, the BOA approved the additions/deletions indicated above, with the total notified area of the SEZ being 218.4258 hectares.

B) Belt Conveyor System

The Belt Conveyor System requested for is for transporting Hot Briquetted Iron (HBI) from the SEZ unit to the adjacent DTA unit. The transfer of HBI to DTA unit shall also be for movement of HBI for sub-contracting part of their production process of one of the SEZ units i.e. M/s Essar Steel Ltd. The quantity so transferred to DTA would be further processed and exported from DTA unit itself. For using the belt conveyor system, the reasons provided are:

(a) The daily production capacity of the SEZ unit is approx. 4500 MT out of which 2500 MT of HBI will be transferred through the conveyor system.
Currently, the movement of HBI is done through dumpers / trucks and for moving 2500 MT per day, 100 round trips of dumpers / trucks are being carried out which is not only a safety hazard but also a difficult logistic operation.
(b) In the electric arc furnace in the DTA unit, a batch of 150 MT of HBI is taken currently. For a better batch-mix and to save loss of production, there is a requirement of continuous feed of the material.
(c) Direct feed of HBI through the conveyor system would avoid trucking, dumping, reclaiming and re-feeding of HBI into the furnace.
(d) The cost of operation for the transfer of material through the conveyor is approx. 40% cheaper than movement of material through dumpers/trucks. (e) The developer has installed a load cell paying mechanism in the conveyor system which helps in the weighment of material transfer digitally and the weighment can be provided to Customs. Further, the cross reference for weighment done on the conveyor is available and can be done at the silo level and with the bin level indicator system. The materials shall be transferred to the conveyor only through the silo and in case of sudden stoppage or break down of the conveyor system, the reference of weight transferred can be done at silo level or weigh scale at production level.
(f) The conveyor is single directional irreversible type of system and hence reverse flow of material is not possible. The conveyor does not have any

branches attached to it and all the material can leave only through single outlet.

DC KASEZ said that after consultations and verification of the system along with the zone customs officials, the following safeguards can be taken:

(i) Calibrations and the periodic certification of the load cell can be carried out as provided by Weights and Measurement Act in the presence of zone customs officers. (ii) The remote access showing the readings of the load cell representing the weight of the goods transferred would also be provided at the zone customs office. The goods moving through the conveyor for DTA sale would be allowed only after duty payment by the unit. (iii) In case of any break down of the load cell, the alternate weighment of reading at silo would be available for verification and assessment of quantity transferred. (iv) The developer has certified that he has not availed any duty benefit for erection of the Conveyor Belt System.

In the discussions that followed, the representative from the Department of Customs reiterated that the entire steel mill facility operated by Essar is an integrated facility and it has been sought to divide the same into SEZ/DTA on an artificial basis.
Conveyor Belt System universally is for a integrated steel plant for captive consumption purpose whereas in the present case it has sought to be shown as non- captive. On a query from Chairman, BOA, the customs authorities indicated that the sale to the DTA unit is only on paper. DC KASEZ pointed out that bills are made for every consignment as sale at the SEZ gate. Even presently, for all the material moved through the trucks, billing is done for every truck. Hence, by using the conveyor, only the mode of transport changes without affecting the valuation of the goods transported.

Customs authorities pointed out that the movement of goods is undertaken under Rule 41 and 42 of the SEZ Rules for job work processing. According to their appreciation, the sub-contracts will count towards the export obligation. The representative of the developer, who was called in, provided the following clarifications:-

(a) The Conveyor Belt System, including the calibrations, will be independently evaluated once in three months to ensure that the weighment is accurate; (b) The Conveyor Belt does not have any diversions at the exit point, it is unidirectional without any provision for reversal of material. The material will move from the SEZ unit to the DTA;

(c) The SEZ unit has been following essentially two methods of supply – either against payment of duty or against advance licences of the DTA. Supplies against advance licences are treated as NFE. The unit did some sub- contracting last year under Rule 41 and 42 of the SEZ Rules. However, in this case, the SEZ unit exported directly.

The customs authorities indicated that they would prefer continuing with the existing arrangement of movement through trucks as they are more amenable to monitoring. In conveyor system, monitoring on a close basis is not possible and accordingly, there are possibilities of leakages. In any case, they would prefer to come back with a more detailed proposal after due consultations in the Department of Revenue.

In view of the discussions, clarifications provided by the Developer and the reports of the Development Commissioner, BOA decided to approve the operation of Belt Conveyor System subject to third party verification of the weighments and continuing with the existing arrangement of attaining NFE through advance licence system. Department of Revenue, in case required, can come up with additional safeguards which can be incorporated in the approval.

C) Multiple Entry Gates to the SEZ

The developer has requested for a number of gates. Currently, there are three gates namely:

(a) SEZ main gate – giving access to the entry and exit of various goods like capital goods, space, contractor’s material as well as movement of persons associated with the SEZ. A full fledged office with all amenities for SEZ officers is provided at the gate. An access to CCTV cameras installed at other gates is also provided at this office. (b) Inter-carting gate – which is allowed to be operated for specific purpose of movement of goods from jetty and SEZ. This gate shall be only for movement of bulk material / project cargo from jetty to SEZ area.
(c) Product gate – This gate is allowed to be operated for specific purpose of hot DRI from SEZ to DTA in a specialized vehicle which is designed to store the said product at a temperature of 700-800 degree Celsius and its transportation. Here the movement shall be only from SEZ to DTA. Hot DRI is at present cleared to the DTA unit on payment of applicable custom duty.

The representative of the Department of Customs indicated that if a number of gates are provided, then monitoring will become a problem. It is preferable to keep the number of gates at the minimum.

BOA accordingly decided to approve two gates – one for inter-carting and transporting DRI and the second gate for personnel and other movements.

Item No.2: Pending proposals relating to Mundra SEZ

BOA took note of the decision of EGoM held on 24th October 2008 which reads as under:

“Keeping in view the specific facts and circumstances of this case, it was decided that the built up area of the port excluding the vacant areas, that existed on the date of notification under the SEZ Act and Rules, will be delineated by the DoC, and it will not be entitled to any direct or indirect tax benefits presently or in future on any additional investment. The remaining area of port along with the remaining area in the SEZ would be entitled for all duty and direct and indirect tax benefits as admissible under the SEZ Act and Rules. The customs operation of the port will continue to be handled by Department of Revenue (DoR). Subject to the above, the existing notification will remain in force. The DoC will issue appropriate amendments to the approval order for Mundra SEZ incorporating the above changes.”

Following the EGoM decision, the DC Mundra SEZ was requested to inspect the area and submit a report regarding the clubbing of three SEZs. The DC Mundra SEZ submitted a report (a) delineating the area which will not be entitled to any direct and indirect tax benefits presently or in future on any additional investment. (b) the list of land survey numbers notified under various notifications (c) the details of co- developers and authorized operations under the various SEZs. The reports are annexed to the Minutes along with a copy of the Coloured Map indicating the position post merger of the SEZs (Annexure III). BOA also noted that the orders delineating the area in terms of EGoM decision have already been issued.

The BOA considered the following proposals:

(i) Relaxation of contiguity while merging the three SEZs – It was brought to the attention of the BOA that there is a existing road between the existing Mundra SEZ-I and Mundra SEZ-II which connects Mundra Village to the old Mundra Port. The representative of Department of Customs pointed out that the BOA must approve establishment of contiguity between the SEZs by construction of flyover between the two SEZs. BOA accordingly approved the notification of the merger of the existing three SEZs, subject to establishment of contiguity by construction of a flyover over the existing public road. However, the movement shall be restricted between the two SEZs till contiguity is established and the present systems will continue. In addition, the following conditions will also be applicable:-

(i) Developers would establish contiguity by dedicated security gates/over bridges/under pass thereby ensuring that no unauthorized entry would be possible into the SEZ through these thoroughfares and also fence both sides of road with 2.4 meter high wall/chain link fencing and 0.6 meters barbed wire fencing as per the provisions of the SEZ Rules prior to amendment dated 16th March 2007.
(ii) No tax benefits would be available for the measures taken to establish contiguity. (iii) The formal approval from authorities concerned like NHAI and others would be submitted to the department of commerce and work for establishing contiguity would be started only after obtaining the requisite approvals.

(ii) Increase in area of the SEZ – BOA noted that the developer has requested for addition of 258 ha land to the merged SEZ. Principal Secretary, Government of Gujarat said that this additional land is not yet in their possession as Government of Gujarat has not yet taken a decision to hand over this land to the developer. BOA thereafter decided that the land in the possession of the developer, in the merged form, will be notified. As and when Government of Gujarat hands over the possession of additional land, as long as it meets the requirements under the SEZ Act and Rules including contiguity, the same can be considered for notification.

(iii) For increase in power generation capacity by M/s Adani Power Ltd. – BOA noted that M/s Adani Power intends to increase their power generation capacity from 2640 MW to 5040 MW. Principal Secretary, Govt. of Gujarat indicated that in terms of the power generation policy of Govt. of Gujarat, the Energy Department has signed an MoU with M/s Adani Power for generating 5000 MW of power. This projection is based on the requirement of power for the next 10 years. One of the principal factors taken into account is the acreage with the developer. BOA indicated that the current utilization of power is very low and it is preferable that the developer comes back with a clear plan for power utilization based on which BOA can take a decision. BOA then decided to defer the decision on this proposal.

(iv) Approval for additional entry / exit gates – BOA deliberated on the issue and considering the size of the merged SEZ decided to permit six gates in all including the existing gates. The position of the gates can be decided by the DC in consultation with Customs Authorities.

PENDING PROPOSALS OF CO-DEVELOPERS IN MUNDRA SEZ:-

The Representative of the Department of Revenue was of the view that, in the past, BoA has approved social infrastructure facilities for each of the three SEZs and it would be necessary to take stock of what has been permitted so far so that it would be clear whether the infrastructural facilities now sought, can be justified in terms of the requirements of the combined SEZ.

Keeping in view the already approved social infrastructure and co-developers, the Board approved five proposals of co-developers in MUNDRA SEZ. It was further noted that the Board had already allowed setting up of Hotel and Hospital to M/s. ADICORP Mundra SEZ Infrastructure Private Limited, an approved co-developer in Mundra SEZ. Further proposals for such facilities were again received. The representative of the developer was present in the meeting. He desired that the earlier approval for setting up of Hotel and Hospital to M/s. ADICORP Mundra SEZ Infrastructure Private Limited may be cancelled and the hotel will now be set up by their proposed co-developer, M/s. D.B. Hospitality Pvt. Ltd. Similarly, the hospital which was to be set up by M/s. ADICORP Mundra SEZ Infrastructure Private Limited is now proposed to be set up M/s. Sterling Addlife Mundra Hospital Pvt. Ltd. (SAMHPL). The proposal of M/s. Azure Lifestyle Private Limited for constructing 120 room hotel alongwith other entertainment facilities as co-developer was also withdrawn by the Developer.

BoA sanctioned approvals to the co-developers subject to the condition that particular terms and conditions of lease agreement will not have any bearing on the treatment of the income by way of lease rentals/down payment/premium etc., for the purposes of assessment under the prevalent Income Tax Act and Rules. The Assessing Officer, will have the right to examine the taxability of these amounts under the Income Tax Act.

Based on these, following decisions in respect of co-developer proposals in Mundra SEZ were taken:

(i) Request of M/s. Azure Lifestyle Private Limited for co-developer in the multi product SEZ at Mundra, District Kutch, Gujarat, developed by M/s. Mundra Port and Special Economic Zone Limited (MPSEZL)

The proposal was withdrawn by the Developer.

(ii) Request of M/s. D.B. Hospitality Pvt. Ltd. for co-developer in the multi product SEZ at Mundra, District Kutch, Gujarat, developed by M/s. Mundra Port and Special Economic Zone Limited

After deliberations, the Board decided to grant approval to the request of M/s. D.B. Hospitality Pvt. Ltd. for co-developer for setting up of 100 bed hotel infrastructure facilities in the above SEZ over an area of 0.8032 hectare in the multi product SEZ at Mundra, District Kutch, Gujarat, developed by M/s. Mundra Port and Special Economic Zone Limited

(iii) Request of M/s. Hind Terminals (Mundra) Private Limited for co-developer in the multi product SEZ at Mundra, Kutch, Gujarat, developed by M/s. Mundra Port and Special Economic Zone Limited

The Board noted that M/s. Hind Terminals (Mundra) Private Limited has submitted a request to develop and operate a Container Freight Station and warehousing facilities. The representative of the Department of Revenue drew attention to the already existing 9 CFSs operational at MPSEZ. Justification for an additional CFS needs further examination as CFS mainly caters to the DTA importers/exporters. It was felt that the requirement of additional CFS may be examined after fresh notification of the merged SEZ has been done. Accordingly, the Board decided to defer the proposal.

(iv) Request of M/s. Sterling Addlife Mundra Hospital Pvt. Ltd. (SAMHPL) Limited for co-developer in the Multi Product SEZ at Dist. Kutch, Gujarat by M/s. Mundra Port and Special Economic Zone Limited (Phase II).

The representative of the developer informed the Board that the building of the hospital has already been erected. M/s. Sterling Addlife Mundra Hospital Pvt. Ltd. (SAMHPL) Limited, as co-developer, will provide facilities and maintenance and other requirements to run the hospital. After deliberations, the Board decided to grant approval to the request of M/s. Sterling Addlife Mundra Hospital Pvt. Ltd. (SAMHPL) as co-developer for developing, operating, maintaining and providing IPD/OPD services to patients at the 100 bed hospital building at MPSEZ on O&M basis over an area of 2.5 hectares in non-processing area.

(v) Request of M/s. Calorx Education Company Private Limited and Calorx Education and Research Foundation (CEC and CERF) for co-developer in the multi product SEZ at Dist. Kutch, Gujarat, developed by M/s. Mundra Port Special Economic Zone Limited (Phase II).

After deliberations, the Board decided to grant approval to the request of M/s. Calorx Education Company Private Limited and Calorx Education and

Research Foundation for joint co-developers for setting up a school up to 12th standard in an area of 2.02 hectares of the SEZ.

(vi) Request of M/s. Adani Power Limited for co-developer in the multi product SEZ at Dist. Kutch, Gujarat, developed by M/s. Mundra Port Special Economic Zone Limited.

After deliberations, the Board decided to grant approval to the request of M/s. Adani Power Limited for co-developer for setting up of generation, transmission, distribution of power and related infrastructure facilities on an area of 293.8810 hectares of the SEZ.

(vii) Request of M/s Eon Hinjewadi Infrastructure Private Limited for co- developer in the multi product SEZ at Mundra village & Taluka, Kutch – District, Gujarat set up by M/s. Mundra Port and Special Economic Zone Limited

After deliberations, the Board decided to grant approval to the request of M/s. Eon Hinjewadi Infrastructure Private Limited for co-developer for developing, operating and maintaining service apartment/hotel with restaurant, business centre and other guests support facilities over an area of 2.14 hectares of the SEZ.

Item No.3: Proposals for setting up of SEZs
(A) Decisions for Formal Approvals:
1. Request for setting up of a sector specific Special Economic Zone for Biotech Services at Kolthur village, Shamirpet Mandal, R.R. District, Andhra Pradesh by M/s. Sundari Theme Ventures Private Limited – 10.12 hectares (Item No. 3 –Sl. No. 2):

The Board noted that the Developer was in possession of land. It was noted by the Board that the developer has submitted the proposal for setting up of a sector specific Special Economic Zone for Biotech Services. However, the State Government had recommended the proposal for setting up of a sector specific Special Economic Zone for Biotechnology sector only. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Biotechnology sector at Kolthur village, Shamirpet Mandal, R.R. District, Andhra Pradesh by M/s. Sundari Theme Ventures Private Limited over an area of 10.12 hectares.

Request for setting up of a sector specific Special Economic Zone for Gems and Jewellery at Village Ulwe, Navi Mumbai, Maharashtra by M/s. Navi Mumbai SEZ Pvt. Ltd. – 33.5403 hectares (Item No. 3 –Sl. No. 4):

The Board noted that the Developer was in possession of land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Gems and Jewellery at Village Ulwe, Navi Mumbai, Maharashtra by M/s. Navi Mumbai SEZ Pvt. Ltd. over an area of 33.5403 hectares.

Request for setting up of a FTWZ Special Economic Zone at Village Ibrahimpur, Junaidpur Urf, Moujpur, Bulandshar by M/s. Arshiya International Ltd. – 54.66 hectares (Item No. 3 –Sl. No. 5):

The Board noted that out of 54.66 hectares of land applied for, the Developer was in possession of 40.076 hectares of land only. The State Government has also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a FTWZ Special Economic Zone at village Ibrahimpur, Junaidpur Urf, Moujpur, Bulandshar by M/s. Arshiya International Ltd. over an area of 40.076 hectares.

IT/ITES at Plot No. 1, Sector 143, Greater Noida Express Way, Uttar Pradesh by M/s. Anand Infoedge Pvt. Ltd. – 10 hectares (Item No. 3 –Sl. No. 6):

The Board noted that the Developer was in possession of land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at Plot No. 1, Sector 143, Greater Noida Express Way, Uttar Pradesh by M/s. Anand Infoedge Pvt. Ltd. over an area of 10 hectares.

Manufacturing products required by Manufacturing products required by Solar Photovolatic industry at Electro Mineral Division, Kalamassery Development Plot, Ernakulam District, Kerala by M/s. Carborundum Universal Limited – 10 hectares (Item No. 3 –Sl. No. 7):

The Board noted that the Developer was in possession of land. The State Government also recommended the proposal. However, it was pointed out by the Representative of the Department of Revenue that the sector applied is for manufacture of solar panels and the description given in the agenda is for manufacture of components/ingredients for the solar panels. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Manufacturing products required by Solar Photovolatic industry at Electro Mineral Division, Kalamassery Development Plot, Ernakulam District, Kerala by M/s. Carborundum Universal Limited over an area of 10 hectares.

IT/ITES at District Pune, Maharashtra by M/s. Helios Constructions Pvt. Ltd. – 14.06 hectares (Item No. 3 –Sl. No. 8):

The Board noted that the Developer was in possession of land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at District Pune, Maharashtra by M/s. Helios Constructions Pvt. Ltd. over an area of 14.06 hectares.

Biotech at Gurgaon, Haryana by M/s. Best on Health Limited – 40.78 hectares

The Board noted that the Developer was in possession of land. The State Government also recommended the proposal. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Biotech at Gurgaon, Haryana by M/s. Best on Health Limited over an area of 40.78 hectares.

Request for setting up of a sector specific Special Economic Zone for Food Processing at Village Agol Taluka Kadi, District, Mehsana, Gujarat by M/s. Akshaypatra Infrastructure Pvt. Ltd. –108.3 hectares

The Board noted that the Developer was in possession of land. The representative of the State Government also gave verbal recommendation to the proposal during the meeting. Accordingly, the Board decided to grant formal approval for setting up of a sector specific Special Economic Zone for Food Processing at Village Agol Taluka Kadi, District, Mehsana, Gujarat by M/s. Akshaypatra Infrastructure Pvt. Ltd. over an area of 108.3 hectares subject to Letter of Approval being issued only after receipt of written recommendation of Government of Gujarat.

Request for conversion of in-principle approval into formal approval for setting up of a sector specific Special Economic Zone for Heavy Engineering at Kattupalli village, near Ennor, Tiruvallur District, Tamil Nadu by M/s. L&T Shipbuilding Limited – 317.9497 hectares (Item No. 4 –Sl. No. 1):

The Board noted that the Developer was in possession of the land. The State Government also recommended the proposal. Accordingly, the Board decided to approve the request of the developer for conversion of in-principle approval to formal approval and granted formal approval for setting up of a sector specific Special Economic Zone for Heavy Engineering at Kattupalli village, near Ennor,

Tiruvallur District, Tamil Nadu by M/s. L&T Shipbuilding Limited over an area of 317.9497 hectares.

(B) Decisions for in-principle approvals: 1. Request for setting up of a sector specific Special Economic Zone for Power at Nagpur, Maharashtra by M/s. Maharashtra Airport Development Company Limited – 109.54 hectares (Item No. 3 –Sl. No. 11):

The Board noted that the Developer was not in possession of land. The State Government has recommended the proposal for in-principle approval. Accordingly, the Board decided to grant In-principle approval for setting up of a sector specific Special Economic Zone for Power at Nagpur, Maharashtra by M/s. Maharashtra Airport Development Company Limited over an area of 109.54 hectares subject to the condition that the Developer will submit a written undertaking to comply with the norms, in regard to tariff, refund of customs/excise duties etc. for DTA sale in the power sector, which are being finalized by the Government. The Developer will also undertake to comply with the final guidelines on Stand-alone Power SEZs, as and when decided by the Government of India.

(C) Decisions for Deferment:
1. Request for setting up of a sector specific Special Economic Zone for ITES at Chengamanadu village, Alwye, Kerala by M/s. M.M. Tech Towers – 11.15 hectares (Item No. 3 –Sl. No. 1):

The Board observed that the land documents submitted by the developer were furnished in regional language. It was further noted by the Board that the land on which SEZ is proposed to be set up is in possession/ownership of promoters. As per SEZ Act and Rules, land on which SEZ is proposed to be set up should be in the name of the developer company. Accordingly, the Board decided to defer the proposal.

Request for setting up of a sector specific Special Economic Zone for Multi services at Village Kapdekhurd Polapur Taluka, District Raigad, Maharashtra by M/s. Sigrun Constructions Pvt. Ltd. – 100 hectares (Item No. 3 –Sl. No. 3):

The Board observed that land identified is marginally less than the minimum area required for setting up of a sector specific Special Economic Zone for Multi services sector. Accordingly, the Board decided to defer the proposal.

Request for setting up of a sector specific Special Economic Zone for Multi services at Village Taloshi, Taluka Igatpuri, District Nashik, Maharashtra by M/s. Maharaja Multitrade Pvt. Ltd. – 106.755 hectares (Item No. 3 –Sl. No. 9):

The Board observed that the land on which SEZ is proposed to be set up is not in possession/ownership of the applicant Developer. Accordingly, the Board decided to defer the proposal.

IT/ITES at Village Dhanori, Tal. Haveli, District Pune, Maharashtra by M/s. Sky Zone Infrastructure Pvt. Ltd. – 10.88 hectares (Item No. 3 –Sl. No. 10):

The Board noted that more clarity is required on the status of land possession/ownership. Accordingly, the Board decided to defer the proposal.

Request for setting up of a sector specific Special Economic Zone for Multi Services at Tuticorin District, Tamil Nadu by M/s. Limitless Properties Limited – 592 hectares (Item No. 3 –Sl. No. 12):

The Board noted that the developer had originally applied for multi product SEZ over an area of 1010 hectares and subsequently, they had applied for multi services sector over an area of 592 hectares. The State Government recommendation was received for multi product SEZ. The proposal was deferred in the meeting of BoA held on 08-12-08 as the representative of the State Government apprised the Board that they had not received the revised proposal. The Board further noted that that position still continues, accordingly, the Board decided to defer the proposal.

Electronic Hardware & Software including IT/ITES at District Gautam Budh Nagar, Uttar Pradesh by M/s. Udaan Infotech Pvt. Ltd.– 10.02 hectares

The Board noted that the developer company is yet to receive the possession of the land. Accordingly, the Board decided to defer the proposal.

Electronic Hardware & Software including IT/ITES at District Gautam Budh Nagar, Uttar Pradesh by M/s. V.C. Infosoft Pvt. Ltd.– 10 hectares

The Board noted that the developer company is yet to receive the possession of the land. Accordingly, the Board decided to defer the proposal.

Request for setting up of a sector specific Special Economic Zone for Food Processing at Amritsar, Punjab by M/s. Bullion Infrastructure Pvt. Ltd.– 100 hectares

Polutry at Chhindwara District, Madhya Pradesh by M/s. VKS Farms Pvt. Ltd.– 171 hectares

Poultry including Agri Food Processing at Athimarathy Valasu village, Rajamapatti PO, Palani Taluk, Dindukal, District, Tamil Nadu by M/s. VKS Farms Pvt. Ltd.– 171.99 hectares
11. Request for setting up of a sector specific Special Economic Zone for Rice Food Processing sector at Mandideep, Raisen District, Madhya Pradesh by M/s. Daawat Foods Pvt. Ltd. – 10 hectares

Request for setting up of a sector specific Special Economic Zone for Rice Food Processing sector at Rajpura, Amritsar, Punjab by M/s. Raghunath Agro Industries – 10 hectares

8 to 12 - The Board noted that these proposals are for establishing sector specific SEZs over areas which are less than the minimum requirement for sector specific SEZ. It was further noted that due to bio-security aspects, the entire land is not being acquired and held in one particular place and hence, contiguity relaxation was sought. The concerned State Governments have, however, recommended the proposals. It was found preferable to defer the decisions in these regards and then frame appropriate regulations after due examination, before they can be considered again. Accordingly, the Board decided to defer the proposals till such time.

IT/ITES at Tidel – II, Taramani, Chennai by M/s. DLF Info Park Developers (Chennai) Ltd. – 10.68 hectares

The Board noted that an elevated railway line passes through the SEZ which disturbs the contiguity and divides the SEZ into two parts. It was further noted that the land under the elevated railway line is yet to be transferred by the Government of Tamil Nadu to the developer. The Board directed that the proposal can only be approved if it fulfils the criteria of minimum contiguous area required for setting up of a sector specific Special Economic Zone for IT/ITES. After deliberations, the Board decided to defer the proposal.

Electronic Hardware & Software including IT/ITES at Village Behrampur District Gurgaon, Haryana by M/s. Winsome Propbuild Pvt. Ltd. – 10.074 hectares

Electronic Hardware & Software including IT/ITES at Village Behrampur & Balola District Gurgaon, Haryana by M/s. Mikado Realtors Pvt. Ltd. – 10.68 hectares

Request for setting up of a sector specific Special Economic Zone for Rice Food processing sector at Sonepat, Haryana by M/s. LT Foods Limited – 10 hectares

to 17. The representative of the State Government of Haryana informed the Board that they are not ready with their comments on these proposals. Accordingly, the Board decided to defer these proposals.

Request for conversion of in-principle approval into formal approval for setting up of a sector specific Special Economic Zone for Handicraft at Panipat, Gharonda, Karnal, Haryana by M/s. Natasha Housing and Urban Development Limited – 10.522 hectares (Item No. 4 –Sl. No. 2):

The Board noted that In-principle approval was granted for setting up of a multi product SEZ over an area of 1000 hectares and now the developer has requested for conversion of in-principle approval to formal approval over an area of 10.522 hectares thereby changing the sector from Multi product to Handicrafts. The representative of the State Government of Haryana said that they are yet to frame their views on the revised proposal. Accordingly, the Board decided to defer the proposal.

Request for conversion of in-principle approval into formal approval for setting up of a sector specific Special Economic Zone for Biotech SEZ at Village Shahbaez, Taluka-Alibaug, District Raigad, Maharashtra by M/s. Veritas Infrastructure Development Limited – 11.54 hectares (Item No. 4 –Sl. No. 3):

The Board noted that the developer has submitted english translation of registered Agreement for Sale, which is not a valid document to establish possession/ownership. Accordingly, the Board decided to defer the proposal.

Item No.5: Requests for co-developers

under the Income Tax Act. This is applicable for all the cases for co-developers mentioned below:-

(i) Request of M/s. Rathinam Arumugam Research and Educational Foundation (RARE) for co-developer in the IT/ITES SEZ at Coimbatore, Tamil Nadu set up by M/s. Span Ventures Private Limited.

The representative of DoR pointed out that in the agreement, a Commercial Agreement has been referred to, which has not been finalised. The proposal can be considered only after the Commercial Agreement is finalised and provided. Accordingly, the Board decided to defer the proposal.

(ii) Request of M/s. M.R.S. Tech Park for co-developer in the IT/ITES SEZ at Kundalahalli Village, Bangalore District, Karnataka by M/s. Shyamaraju & Company (India) Private Limited (SRIPL)

After deliberations, the Board decided to grant approval to request of M/s. M.R.S. Tech Park for co-developer for undertaking the development of infrastructure and facilities over an area of 2.02 hectares in the IT/ITES SEZ at Kundalahalli Village, Bangalore District, Karnataka proposed to be developed by M/s. Shyamaraju & Company (India) Private Limited (SRIPL).

(iii) Request of M/s. Sri Channakeshava Tech Park for co-developer in the IT/ITES SEZ at Kundalahalli village, Bangalore District, Karnataka by M/s. Shyamaraju & Company (India) Private Limited (SRIPL)

After deliberations, the Board decided to grant approval to request of M/s. Sri Channakeshava Tech Park for co-developer for undertaking the development of 4.76 hectares in order to construct and other infrastructure facilities for IT/ITES related services only in the IT/ITES SEZ at Kundalahalli village, Bangalore District, Karnataka proposed to be developed by M/s. Shyamaraju & Company (India) Private Limited (SRIPL).

(iv) Request of M/s. DLF Utilities Limited for co-developer in the IT/ITES SEZ at DLF City, Gurgaon, Haryana developed by M/s. DLF Cyber City Developers Limited

The representative of the DoR pointed out that the activities are such that it should be taken up by a unit in the processing area in terms of Section 6 (a) of SEZ Act, 2005 and seeking co-developer status is not required and it has to achieve positive NFE. However, if it is in the non-processing area, it would not be entitled for consumables and raw materials for its operation. After deliberations, the Board decided to defer the proposal.

(v) Request of M/s. Bharat Petroleum Corporation Limited for co-developer in the Port based SEZ at Puthuvypeen, Ernakulam District, Kerala, developed by Cochin Port Trust

The Board considered the issue and directed that only those operations which are to be carried out within the notified SEZ would be eligible for tax concessions and those carried out in the area outside the SEZ would not be eligible for any tax concessions. Accordingly, the Board approved the request of BPCL as co- developer in the port based SEZ at Cochin to be developed by Cochin Port Trust.
(vi) Request of M/s. Cian Builders and Developers Private Limited (CBDPL) for co-developer in the IT/ITES SEZ at Silokhera, DLF City, Gurgaon, Haryana developed by M/s. DLF Cyber City Developers Limited

(vii) Request of M/s. Cian Builders and Developers Private Limited (CBDPL) for co-developer in the IT/ITES SEZ at Hyderabad, Andhra Pradesh developed by M/s. DLF Commercial Developers Limited (viii) Request of M/s. Cian Builders and Developers Private Limited (CBDPL) for co-developer in the IT/ITES SEZ at Sector 24 & 25-A, DLF Cyber City, DLF City, Gurgaon developed by M/s. DLF Cyber City Developers Limited

(ix) Request of M/s. Cian Builders and Developers Private Limited (CBDPL) for co-developer in the IT/ITES SEZ at Ramapuram, Chennai, Tamil Nadu developed by M/s. DLF Info City Developers (Chennai) Limited

(vi) to (ix)- The representative of the DoR pointed out that the co-development agreement refers to transfer and hand over deeds which states that co-developer shall be the owner o the SEZ buildings on payment of development consideration, which is against the spirit of SEZ Act and Rules. After deliberations, the Board decided to defer the proposals.

(x) Request of M/s. MTB Estates and Properties for co-developer in the IT/ITES SEZ at Bangalore, Karnataka developed by M/s. Bagmane Construction Private Limited

After deliberations, the Board decided to grant approval to request of M/s. MTB Estates and Properties for co-developer for the development of such infrastructure and facilities on an area of 6.24 acres in the IT/ITES SEZ at Bangalore, Karnataka proposed to be developed by M/s. Bagmane Construction Private Limited

(xi) Request of M/s. Karle Tech Park Pvt. Ltd., for co-developer in the IT/ ITES SEZ at Nagawara Village, North Bangalore Taluk, Karnataka to be developed by M/s. Karle Infra Projects.

After deliberations, the Board decided to grant approval to request of M/s. Karle Tech Park Pvt. Ltd., for co-developer for undertaking the development of infrastructure in the processing area in the IT/ ITES SEZ at Nagawara Village, North Bangalore Taluk, Karnataka proposed to be developed by M/s. Karle Infra Projects.

(xii) Request of M/s. Karle Business Park Pvt. Ltd., for co-developer in the IT/ ITES SEZ at Nagawara Village, North Bangalore Taluk, Karnataka to be developed by M/s. Karle Infra Projects.

After deliberations, the Board decided to grant approval to request of M/s. Karle Business Park Pvt. Ltd., for co-developer for undertaking the development of the infrastructure in the Non-processing area in the IT/ ITES SEZ at Nagawara Village, North Bangalore Taluk, Karnataka proposed to be developed by M/s. Karle Infra Projects.

(xiii) Request of M/s. Karle O&M Services for co-developer in the IT/ ITES SEZ at Nagawara Village, North Bangalore Taluk, Karnataka to be developed by M/s. Karle Infra Projects.

The representative of the DoR pointed out that the proposed co-developer is not developing any infrastructure but would only be providing O&M services for the entire SEZ. Instead of coming as co-developer, the applicant should come as a unit.
After deliberations, the Board decided to defer the proposal.

Item No: 6: Submission of Co-Developer Agreement in respect of already approved proposals of Co-developer

(i) Request of DLF Assets Private Limited for co-developer in the IT/ITES SEZ at Silokhera, Gurgaon, Haryana proposed to be developed by DLF Limited (ii) Request of DLF Assets Private Limited for co-developer in the IT/ITES SEZ in Ramapuram, Chennai by DLF Info City Developers (Chennai) Limited.

(iii) Request of M/s DLF Assets Private Limited for co-developer in the IT/ITES SEZ in Gurgaon, Haryana by M/s DLF Cyber City Developer Limited (iv) Request of M/s. DLF Assets Private Limited for co-developer in the IT/ITES SEZ in Hyderabad, Andhra Pradesh, by M/s. DLF Commercial Developers Ltd. (DCDL)

The representative of DoR pointed out that these proposals have already been approved and amendments in the earlier approvals are now being filed after a gap of considerable time. The fresh approvals may be sought if any material changes are made in the agreements. Accordingly, the Board decided to defer the proposals and decided that these cases can be examined on file.

Item No.7: Requests for Authorized Operations

BoA considered the proposals for authorized operations and while sanctioning the approvals, they were subject to the development guidelines approved by EGoM in its meeting dated 24th October 2008, which was noted by the members of the BoA, and State Government Representatives in its meeting held on 8th December 2008.
Accordingly, the DCs will ensure that the authorized operations are in line with the guidelines.

(i) Request of M/s. Zeus Infrastructure Private Limited for authorized operations in the IT/ITES SEZ at Mulund and Kopri, Mumbai

After deliberations, the Board decided to approve the authorized activities in the Processing area as listed below:

S. No Authorized Operations
Area (in sq mtrs) 1. Security offices, police posts, etc, at entry, exit and other points within and along the periphery of the site. 800.00
2. Effluent treatment plant and pipelines and other infrastructure for Effluent treatment

Office space 54,8137.00 4. Parking including multi level car [parking (automated or manual) (for 2200 cars) 4,40,000
5. Power (including power back up facilities) Total power – 100760 KVA Diversity 85% - 85650 KVA Backup power – 85650 KVA 6. Swimming pools

Recreational facilities including club house, indoor or outdoor games, gymnasium
10,000.00 8. Employee welfare facilities like Automated Teller Machines, Creche, Medical Center and other such facilities

The Board also decided to approve the authorized activities in the Non- processing, as listed below: 9. Common data center with inter-connectivity

Playground

Bus bay

Food services including cafeteria, food courts(s), Restaurants, coffee shops, canteens and catering facilities. 12,040.00 13. Wi Fi and/or Wi Max services

S. No

Name of Authorized Operations
Quantum sought (in sq mtrs) Quantum Approved (in sq mtrs) 1. Security offices, police posts, etc, at entry, exit and other points within and along the periphery of the site. 5,114.00
5,114.00
2. Effluent treatment plant and pipelines and other infrastructure for Effluent treatment

-- 3. Parking including multi level car [parking (automated or manual) (for 10,000 cars) 20,000.00

20,00 (for 1,000 cars) 4. Power (including power back up facilities) Total power: 47,800 KVA
85% Diversity – 40,600 KVA
Power backup: 21000 KVA Total power: 47,800 KVA
85% Diversity – 40,600 KVA
Power backup: 21000 KVA 5. Air conditioning

Swimming pools

Recreational facilities including club house, indoor or outdoor games, gymnasium
11,255.00
11,255.00
8. Employee welfare facilities like ATMs, Creche, Medical Center and other such facilities

Space for ATMs 9. Shopping Arcade and/or retail space 21224.00
21224.00
10. Business and/or convention center 28044.00
Not approved 11. Common data center with inter-connectivity

12 Housing

1 BHK

70,000.00
1120 units X 55 sqm.

2 BHK
94,080.00
1120 units X 84 sqm.

(ii) Request of M/s Span Ventures Private Limited for authorized operations in the IT/ITES SEZ at Coimbatore, Tamil Nadu.
the Non-processing area, as listed below:-

S. No. Authorised Activity Quantum sought (in sq. meters) Approved quantum (in sq. meters) I Living Facilities

a Service Apartments – 50 Nos 50 units X 120 sqm. B Hostel Rooms – 300 Nos 300 units X 20 sqm. C Guest Houses – 20 Nos 20 units X 200 sqm. II Health Care Facilities

a 100 Bedded Hospital 10 bedded hospital only III Educational Facilities

a School College and Vocational Training 5000 sqm. (pre- primary/primary/second ary school IV Entertainment Facilities

A Food Court, Multiplex, Shopping & Gaming Centers

In 41, 000 square meters land 40,465 square meters of building 1000 sqm. (except multiplex)

2 ½ BHK 85,680.00
840 units X 102 sqm. 3 BHK

1,00,800.00(840 units X 120) 250 units X 120 sqm.

4 BHK
88,200.00 (630 units X 140 sqm.) 250 units X 140 sqm. 13. Service Apartments 46480.00
1120 X 41.5 sqm. 14. Playground

Bus bay

Food services including cafeteria, food courts(s), Restaurants, coffee shops, canteens and catering facilities. 6000.00
6000.00
17. Clinic & Medical Centers 3,030.00
3,030.00
18. Wi Fi and/or Wi Max services

Pre-primary, primary high School
11070.00
6000 sqm.

Note: - the Board decided to approve 10 bedded hospital instead of 100 bedded hospital. The Board approved entertainment facilities over an area of 1000 sqm. In this category, multiplex was not approved.

(iii)
Request of M/s. Umang Noida SEZ Private Limited for authorized operations as co-developer in the IT/ITES SEZ at Plot No. 01, Sector 140A, Noida, District Gautam Budh Nagar, Uttar Pradesh developed by M/s. Sarv Mangal Realtech Private Limited.

the Non-processing area as listed below:

S.No. Authorized Activity Units Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1. Residential units 60 units 120 sq. meters per unit

60 units X 120 sq. meters per unit

Service Apartments 70 units 100 sq. meters per unit 140 units X 100 sq. meters per unit
3. Budget Hotel rooms 70 units 100 sq. meters per room Not approved

Retail cum commercial area

a. Hardware and software vendors

1,000 sq. meters 1,000 sq. meters b. Professional offices

2,000 sq. meters 2,000 sq. meters c. Commercial

6,000 sq. meters 6,000 sq. meters d. Retail

2,000 sq. meters 2,000 sq. meters

Essential Facilities

a. Space for Banking Services and ATMs

1,500 sq. meters 1,500 sq. meters b. Health care facilities

1,500 sq. meters 1,500 sq. meters c. Grocery Store

1,000 sq. meters 1,000 sq. meters d. Entertainment facilities

1,000 sq. meters 1,000 sq. meters e. Food courts and

1,000 sq. meters 1,000 sq. meters

Restaurants f. Convention Hall

1,000 sq. meters 1,000 sq. meters

Note: - The Board decided not to approve budget hotel rooms. The Board allowed the developer to change the quantum in respect of service apartments by adding 70 units more in this category.

(iv) Request of M/s. Golden Tower Infratech (P) Ltd. for authorized operations in the sector specific IT/ITES SEZ at Plot No. 8, Sector 144, Noida, Uttar Pradesh

the Non-processing area, as listed below:-

S. No. Authorized activities Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1. Commercial Space 20,810 20,810 2. Service apartment (about 160 units) 18,417 18,417

The various constituents for (1) above are listed hereunder:- • Food court
• Office space • Retail outlets • School (v) Request of M/s. Karle Tech Park Pvt Ltd for authorized operations as co- developer in the IT/ITES SEZ at Nagawara Village, North Bangalore Taluk, Karnataka to be developed by M/s. Karle Infra Projects.

the Processing area, as listed below:-

S. No. Authorized activities Quantum sought (in Square Meter) Quantum Approved (in Square Meter) 1. Built-up office buildings 1,85,806 1,85,806

(vi) Request of M/s. Karle Business Park Pvt. Ltd for authorized operations as
co-developer in the IT/ITES SEZ at Nagawara Village, North Bangalore Taluk, Karnataka to be developed by M/s. Karle Infra Projects.

the Non-processing area, as listed below:-

S. No. Authorized activities Area (in Square Meter) Approved quantum 1. Hotel 18,580 Not approved 2. Retail including the entertainment zone with multiplex 111,483 25000 sqm. (except multiplex 3. Commercial space 37,161 10,000 sqm.

Note: - the Board decided not to approve hotel and multiplex.

(vii) Request of M/s. Karle O&M Services for authorized operations as co- developer in the IT/ITES SEZ at Nagawara Village, North Bangalore Taluk, Karnataka to be developed by M/s. Karle Infra Projects.

The Board noted that the proposal of M/s. Karle O&M Services for co- developer was not approved. Accordingly, the Board decided to defer the request of M/s. Karle O&M Services for authorized operations as co-developer in the IT/ITES SEZ at Nagawara Village, North Bangalore Taluk, Karnataka to be developed by M/s. Karle Infra Projects.

(viii) Request of M/s. Arun Excello Infrastructure Pvt. Ltd. for authorized operations in the sector specific IT/ITES SEZ at Vallancherry, Chennai, Tamil Nadu

the Non-processing area, as listed below:-

S. No. Authorized activities Area/UoM Area (in sq. Meters) Approved quantum 1. Service apartments 200 rooms of 50 sq. Mts. each
10,000 10,000 2. Residential 820 flats of 90,200 90,200

apartments 110 sq. Mts. Each 3. Shopping arcade/retail services

1,000 1,000

(ix) Request of M/s. NSL SEZ (Chennai) Pvt. Ltd. for authorized operations in the sector specific IT/ITES SEZ at Sholinganallur, Kancheepuram District, Tamil Nadu.

After deliberations, the Board decided to approve the authorized activities in the Non-processing area, as listed below: S. No. Authorized activities Area (in Square Meter) Approved quantum 1. Housing/Residential (about 1250 units of 160 sq. meters each) 2,00,000 2,00,000 2. Retail Space • Business Centre • Multiplex • Retail • Club, Gym etc. • Banquets • Food courts • Commercial • Restaurant/pubs • Entertainment (parks etc.) 14608 14608 (expect multiplex)

Note: - the Board decided not to approve multiplex.

(x) Request of M/s. Bagmane Construction Private Limited for authorized operations in the IT/ITES SEZ at Bangalore, Karnataka

the Processing area, as listed below:

S. No Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1 Security post – 10 nos 150 150 2. Police post along the periphery of site – 2 nos 30 30 3. Parking including multi level car parking (Automated or manual) 271814 271814

(xi) Request of M/s. DLF Limited for authorized operations in the IT/ITES SEZ in Sector 30, Village Silokhera, Gurgaon.

The Board decided to defer the request.

(xii) Request of M/s. Abhijeet MADC Nagpur Energy Pvt. Ltd. for authorized operations in the multi product SEZ in Nagpur, Maharashtra, developed by M/s. Maharashtra Airport Development Company Limited (MADC).

the Processing area, as listed below:

Recreational facilities

a. Club house – 1 nos 500 500 b. Indoor games (Badminton court) – 2 nos 600 600 c. Outdoor games (Tennis court) – 2 nos 1000 1000 d. Gymnasium 600 600 5. Employee welfare facilities

a. Automated teller machines – 15 nos 150 150 (space for ATMs only) b. Creche – 1 no 300 300 c. Medical centre – 1 no 300 300 6. Shopping arcade and retail space – 1 no 600 600 7. Business and conventional centre 300 300 8. Common data centre with inter connectivity including Wi Fi and Wi Max Services 300 300 9. Bus bay 1000 1000 10. Cafeteria – 1 no 2500 2500 11. Drip and micro irrigation systems 9407 9407 12. Bank Extension Counter – 1 no 200 200 S. No Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1 Setting up of a Diesel Generator Set (DG Set) for providing power back up facilities 25 MW (1.6 MW X 16) 25 MW (1.6 MW X 16)

(xiii) Request of M/s. Ascendant Estates Private Limited for authorized operations in the sector specific IT/ITES SEZ at Bhondsi Tehsil Sohna, Gurgaon District, Haryana

After deliberations, the Board decided to approve the authorized activities in the Non-processing area as listed below:

S. No. Authorized activities Area (in Square Meter) Approved quantum 1. Housing/Residential (about 650 units of 125 sq. meters each) 80,000 80,000 2. Business Centre 5,000 5,000 3. Retail space 5,000 5,000 4. Restaurants & Food Courts 5000 5000 5. Club & Gym 2000 2000 6. Commercial 2,000 2,000 7. Entertainment 3,500 3,500 8. School 3,357 3,357

(xiv) Request of M/s. Cian Builders and Developers Private Limited (CBDPL) for authorized operations as co-developer in the IT/ITES SEZ at Hyderabad, Andhra Pradesh developed by M/s. DLF Commercial Developers Limited

(xv) Request of M/s. Cian Builders and Developers Private Limited (CBDPL) for authorized operations as co-developer in the IT/ITES SEZ at Silokhera, DLF City, Gurgaon, Haryana developed by M/s. DLF Cyber City Developers Limited

(xvi) Request of M/s. Cian Builders and Developers Private Limited (CBDPL) for authorized operations as co-developer in the IT/ITES SEZ at Sector 24 & 25-A, DLF Cyber City, DLF City, Gurgaon developed by M/s. DLF Cyber City Developers Limited

(xvii) Request of M/s. Cian Builders and Developers Private Limited (CBDPL) for authorized operations as co-developer in the IT/ITES SEZ at Ramapuram, Chennai, Tamil Nadu developed by M/s. DLF Info City Developers (Chennai) Limited 2. Operation & maintenance of DG Set 62654 sq. meters
62654 sq. meters
3. Transmission and distribution of power

Within the SEZ only 4. Operation and maintenance of the transmission and distribution facilities

The Board noted that the requests of M/s. Cian Builders and Developers Private Limited (CBDPL) for co-developer in the four IT/ITES SEZs developed by DLF Group at Andhra Pradesh; Silokhera, Haryana; Gurgaon, Haryana; and Tamil Nadu were not approved. Accordingly, the Board decided to defer the above four requests for authorized operations as co-developer.

(xviii) Request of M/s. TRIL Infopark Limited for authorized operations in the IT/ITES SEZ at Taramani, Chennai, Tamil Nadu

the processing area, as listed below:

After deliberations, the Board also approved the authorized activities in the non-processing area, as listed below:

Note: - The Board decided that multiplex should not come up in the entertainment zone.

S. No Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1 Built-up office buildings 1,95,095 1,95,095 2. Multi-level parking facilities (Apart from the Basement car park) 29,000 29,000 S. No Authorized Operations Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1. Integrated convention centre (1500 seater) including hotel (300 rooms) 28,126 Not approved 2. Retail including the entertainment zone with theatre and screening facilities 45,290 25000 sqm. (expect multiplex) 3. Residential/service apartments (total units 400) 52,185 52,185

(xix) Request of M/s Eon Kharadi Infrastructure Private Limited for authorized operations in the IT/ITES SEZ at Kharadi village, Mulshi Taluka, Pune District, Maharashtra
the non-processing, as listed below:

(xx) Request of M/s. True Developers Private Limited for authorized operations in the Electronic Hardware including IT/ITES SEZ at Arasur Village, Palladam Taluk, Coimbatore District, Tamil Nadu

the Processing area, as listed below:

S. No Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1. Housing/Residential 148960 (1330 units X 112 sq. meters) 148960 (1330 units X 112 sq. meters) S. No Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1 Office space for IT/ITES/Electronic Hardware 1,42,000 1,42,000 2. Food court with food stalls, fruit stalls, restaurants etc. 5,000 5,000 3. Health center & Gym, etc. 1,000 1,000 4. Utilities like-Electrical room, DG room, AC plant room, AHU, Lifts, Sewage treatment plant, Solid waste treatment plant, water treatment plant, Underground water tank, RO plant, Storm water pump room, Building management system room, Security system room, rain water harvesting etc. 10,000 10,000 5. Guard Houses/Security rooms 500 500 6. SEZ office for providing administrative infrastructure, customs 500 500

The Board also decided to approve the authorized activities in the Non- processing, as listed below: (xxi) Request of M/s. Frontier Lifeline for authorized operations in the Biotechnology sector SEZ at Edur/Elavur village, Gummudipundi, Chennai, Tamil Nadu

the Processing area, as listed below:

The Board also decided to approve the authorized activities in the Non- processing as listed below:

facilities etc. 7. Retail space for accommodating facility such as Daily needs shop, ATM, Computer centre, Mobile phone shop, travel desk, global concierge, Coffee shop, snacks centres, massage parlour, medical centre, medical shop, parlours etc.
1,000 1,000 5. Parking of 2 wheelers, 4 wheelers and other vehicles As per local bye laws As per local bye laws

Total 1,60,000 1,60,000 S. No Authorized Operations
Units Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1. Residential apartments 1067 of 150 sq. meters
1,60,000 1,60,000 S. No Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1. Administrative Block including, reception, waiting area & other facilities 5225 5225 2. Convention Center 2100 2100 3. Central Sterilization Supply Department 600 600 4. Cafeteria 150 150 5. Effluent Treatment Plant 200 200 S. No Quantum sought (in sq. meters) Quantum Approved (in sq. meters)

(xxii) Request of M/s Shriram Properties & Infrastructure Pvt. Ltd. for authorized operations of the IT/ITES SEZ at Perungalathur, Chennai, Tamil Nadu
BOA pointed out that for installing ATMs in processing area, the number of ATMs proposed can be reviewed by the DC and then a view can be taken.

(xxiii) Request of M/s Mantri Technology Parks Private Limited (“MTPL”) for authorized operations as co-developer of the IT/ITES SEZ at Mamidipalli village, Sarrornagar Mandal, Ranga Reddy District, Andhra Pradesh developed by M/s. Brahmani Infratech Pvt. Ltd. the Processing area, as listed below:-

1 Accommodation for staff with family and bachelor accommodation for men and women separately 6150 6150 2. Mess 150 150 3. School 3000 3000 4. Recreation Center/Indoor Stadium 200 200 S. No Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1 Space for installing automated teller machines
420

Wi-Fi and Max Services 300 Nos.

S. No Quantum sought (in sq feet) Approved quantum 1. Effluent treatment plant and pipelines and other infrastructure for effluent treatment.

--

Office space within processing area

--

Parking including multi-level car parking (Automated/manual) & bus shelters 1.8 million sq. feet 1.8 million sq. feet

(xxiv) Request of M/s Ittina Projects Pvt. Ltd. for authorized operations of the Electronic Hardware and Software including IT/ITES SEZ at Bangalore Rural District, Karnataka
the Processing area, as listed below:

Note: - the Board decided not to approve multiplex. The request for service apartments was approved in the non-processing area.

(xxv) Request of M/s. Eon Hinjewadi Infrastructure Private Limited for co- developer in the multi product SEZ at Mundra village & Taluka, Kutch – District, Gujarat, set up by M/s. Mundra Port and Special Economic Zone Limited the processing area as listed below:

Power (including power back up facilities) except generation

Space for cafeteria, food courts, coffee shops, canteens and other catering facilities

10,000 10,000 6. Space for Library 7,500 7,500 S. No Quantum sought (in sq mtrs) Approved quantum 1. Essential services

a. Bank/Creche/Convention Center/ Health Club/Recreation club 10000 10000 2. Supporting Facilities

a. Shopping Mall/Multiplex/ Restaurants 10000 10000 (expect multiplex) 3. Service Apartments 50000 50000 4. Electronic Hardware IT/ITES

a. IT& ITES 280000 280000 5.
Engineering services 56000 56000

(xxvi) Request of M/s G.P. Realtors Private Limited for authorized operations in the IT/ITES SEZ at Gurgaon, Haryana
The Board noted that the above mentioned SEZ is yet to be notified. Accordingly, the Board decided defer the proposal.

(xxvii) Request of M/s Sanmina-SCI Technology India Private Limited (STIPL) for authorized operations as co-developer in the sector specific SEZ for Electronic Hardware and related support services including trading and logistics operations at Orgadam, Sriperumbudur Kanchipuram District, Tamil Nadu by State Industries Promotion Corporation Tamil Nadu Ltd.
After deliberations, the Board decided to defer the proposal. (xxviii) Request of M/s Quest SEZ Development Private Limited for authorized operations in the sector specific SEZ for Precision Engineering Products at Belgaum, Karnataka the Non-processing area, as listed below:

S. No Quantum sought (in sq mtrs) Approved quantum (in sq mtrs) 1. Service apartment/hotel 15000 (150 rooms with an average built up space of 100 sq. meters 15000 (150 rooms with an average built up space of 100 sq. meters

The service apartment will have the following support facilities :-

a. Swimming pool 150 150 b. Recreation club 500 500 c. Gym 150 150 d. Convention hall 500 500 e. Executive Business Center 500 500 f. Food court 300 300 S. No Quantum sought (in sq. meters) Quantum Approved (in sq. meters)

(xxix) Request of M/s Metro Valley Business Parks Private Limited for authorized operations in the sector specific SEZ for IT/ITES SEZ in Gurgaon, Haryana.

The Board noted that the representative of the developer company was not available make a detailed representation of the case. Accordingly, the Board decided defer the proposal.

(xxx) Request of M/s. L&T Tech Park Limited for authorized operations, as co- developer, in the IT/ITES SEZ at Kakkanad, Ernakulam, Kerala, proposed to be developed by Infopark.

the Processing area, as listed below:

S. No. Quantum sought (in sq. meters) Quantum Approved (in sq. meters) 1. Air conditioning 68000 68000 2. Bank and ATM 330 330 3. Built-up office 52890 52890 4. Business and/or convention center – Institutional/convention hall, training center etc, convention area 1000 1000 5. Business and/or Convention centre 1000 1000 6. Business/training center 1000 1000 7. Canteen 2000 2000 8. Common data center with inter-connectivity 1000 1000 9. Employee welfare facilities like Automated Teller Machines, crèche, Medical center and other such facilities 100 100
1. Cafeteria, food courts, Restaurants, Coffee shops and catering facilities (4 Nos.) 1000 1000 2. Training room/Conference Hall/Auditorium (4 Nos.) 2000 2000

Facility Management office/Developer office 150 150 11. Food Court 500 sq. feet 500 sq. feet 12. Food Services including cafeteria food courts(s), Restaurants, coffee shops, canteens and catering facilities 500 500 13. Gym/Indoor facility 500 sq. feet 500 sq. feet 14. Helipad 2000

Parking including Multi-level car parking (automated or manual) 30400 30400 16. Power (including power back up facilities) 7 MW 7 MW 17. Security offices 100 100 18. Wi Fi and/or Wi Max services 100 100 19. Effluent treatment plant and pipelines and other infrastructure for effluent treatment

-- 20. Shopping arcade and/or retail space

-- 21. Building management system

Note:- In respect of ATMs, only space for ATMs (and not ATMs) was allowed.

Item No.8: Request for change of sector (i) Request of State Industries Promotion Corporation of Tamil Nadu Limited for change of sector from Leather sector to Engineering goods at SIPCOT Industrial Complex, Ranipet, Tamil Nadu.

After deliberations, the Board decided to approve the request of State Industries Promotion Corporation of Tamil Nadu Limited for change of sector from Leather sector to Engineering goods at SIPCOT Industrial Complex, Ranipet, Tamil Nadu

(ii) Request of M/s. Vikas Telecom Limited for change of sector from IT/ITES to Electronic Hardware and Software including IT/ITES at Bangalore, Karnataka

After deliberations, the Board decided to approve the request of M/s. Vikas Telecom Limited for change of sector from IT/ITES to Electronic Hardware and Software including IT/ITES at Bangalore, Karnataka.

Item No. 9: Requests for change in name

(i) Request of M/s. Intelli City Software Park Pvt. Ltd. for changing the name to M/s. Sohna Buildcon Pvt. Ltd.

The Board decided to approve the request.

Item No. 10: Request for extension of validity of formal approvals (i) Request of M/s. Ansal IT City & Parks Limited for extension of the validity period of formal approval beyond 2 years (ii) Request of M/s. Kakinada SEZ Private Limited for extension of the validity period of formal approval beyond 3 years

(iii) Request of M/s. Vatika Jaipur SEZ Developers Limited for extension of the validity period of formal approval beyond 3 years

(iv) Request of M/s. Zeus Infrastructure Private Limited for extension of the validity period of formal approval beyond 3 years

(v) Request of M/s. Mahindra Lifespace Developers Limited for extension of the validity period of formal approval beyond 3 years (vi)
Request of M/s. Syntel International Pvt. Ltd. for extension of the validity period of formal approval beyond 3 years (Item No. 7(i)of Supplementary Agenda)
(vii) Request of M/s. Metro Valley Business Parks Private Limited for extension of the validity period of formal approval beyond 2-3 years (Item No. 1 of Table Agenda)

(i) to (vii): The above requests of the developers for extension of validity of the formal approval was noted by the Board. After deliberations, the Board decided to grant extension of the validity period of formal approval by one year in each case. The Board directed that the developer may come up with request for further extension of the

validity period of formal approval with details of the physical progress after one year.

Item No. 11: Request for increasing / decreasing area (i) Request of M/s Diamond & Gem Development Corporation Limited for addition of area in the notified multi product SEZ at Sachin Surat, Gujarat

The representative of the Government of Gujarat was present in the meeting.
He apprised the Board that the land parcel to be added in the notified Zone is GIDC land and the requisite land will be allotted to the developer in due course. After deliberations, the Board decided to grant approval to the request of M/s Diamond & Gem Development Corporation Limited for inclusion of additional area to the extent of 50-07-08 hectares in their multi product SEZ at Sachin Surat, Gujarat to the already approved area subject to receipt of report on possession/ownership, non- encumbrance, contiguity and vacancy from the concerned Development Commissioner. The Board also directed the State Government to expedite the allotment process.

(ii) Request of M/s Span Ventures Private Limited for change in area sector specific SEZ for IT/ITES at Coimbatore, Tamil Nadu.
After deliberations, the Board decided to grant approval to the request of M/s Span Ventures Private Limited for inclusion of additional area to the extent of 4.36 hectares in their IT/ITES SEZ at Coimbatore, Tamil Nadu to the already approved area subject to contiguity being maintained and also subject to receipt of report on possession/ownership, non-encumbrance, contiguity and vacancy from the concerned Development Commissioner. The Board also decided to approve reduction in the area of IT/ITES SEZ to an extent of 1.38 hectares subject to the condition that no tax benefits/concessions have been availed of by the developer in the area to be de-notified. If any benefits have been taken, these would have to be refunded. After addition/deletion, the total area of the SEZ will be 13.47 hectares.

(iii) Request of M/s Metro Valley Business Parks Private Limited for increase in area of the IT/ITES SEZ in Gurgaon, Haryana.
After deliberations, the Board decided to grant approval to the request of M/s Metro Valley Business Parks Private Limited for inclusion of additional area to the extent of 2.0375 acres (0.8245 hectares) in their sector specific SEZ for IT/ITES at Gurgaon, Haryana to the already approved area, thereby making the total area of the

SEZ as 11.2175 hectares subject to contiguity being maintained and also subject to receipt of report on possession/ownership, non-encumbrance, contiguity and vacancy from the concerned Development Commissioner.
(iv)
Request of M/s DLF Cyber City Developers Limited for increase in area of the IT/ITES SEZ at Cyber City, Gurgaon, Haryana
After deliberations, the Board decided to grant approval to the request of M/s DLF Cyber City Developers Limited for inclusion of additional area to the extent of 2.594 hectares in their sector specific SEZ for IT/ITES at Cyber City, Gurgaon, Haryana to the already approved area, thereby making the total area of the SEZ as 13.324 hectares subject to contiguity being maintained and also subject to receipt of report on possession/ownership, non-encumbrance, contiguity and vacancy from the concerned Development Commissioner.
(v) Request of M/s Canton Buildwell Pvt. Ltd. for addition of land in the IT/IES SEZ at village Gwal Pahari, Tehsil Sohna, dist. Gurgaon, Haryana

After deliberations, the Board decided to grant approval to the request of M/s Canton Buildwell Pvt. Ltd. for inclusion of additional area to the extent of 12.1407 hectares in their sector specific SEZ for IT/ITES at village Gwal Pahari, Tehsil Sohna, dist. Gurgaon, Haryana to the already approved area, thereby making the total area of the SEZ as 22.3034 hectares subject to contiguity being maintained and also subject to receipt of report on possession/ownership, non-encumbrance, contiguity and vacancy from the concerned Development Commissioner.
(vi) Request of Gujarat Industrial Development Corporation for de-notification of some survey numbers from the sector specific SEZ for IT/ITES at Ahmedabad, Gujarat

The Board noted that the above mentioned SEZ was notified under Rule 5 (3) of SEZ Rules, 2006, after due confirmation from the State Government regarding the contiguity of the land. In the present proposal, the State Government of Gujarat has indicated that there is an existing road and hence it will be easy to denotify the areas identified by them. BoA held the opinion that in the first place the Government of Gujarat should have indicated clearly whether the contiguity of the SEZ is available.
The issue of de-notification is being raised after a lapse of 3 years and after Government of Gujarat had indicated that there is a existing road. It may be pointed out that this SEZ was notified under Rule 5 (3) of the SEZ Rules, which prescribes the requirement of minimum area of land. As per Annexure II to Rule 5 (3) of SEZ Rules, 2006, the requirement of minimum area of land in this particular case is 38 hectares. This was done to ensure that these SEZs which do not fulfil the criteria of minimum land requirement continue to function. Hence, further reduction of land in this case is not advisable. It is preferable that Gujarat Government re-considers its

decision on this issue. Accordingly, BoA decided to refer the matter back to Government of Gujarat. In case Gujarat Government reiterates its position, the matter will have to be placed before EGoM for a decision.

Item No. 12: Requests for merging of more than one SEZs (i) Request of M/s Infosys Technologies Limited for merging of their two IT/ITES SEZs at Pocharam village, Ghatkesar Mandal, Ranga Reddy District, Andhra Pradesh
After deliberations, the Board decided to grant approval to the request of M/s Infosys Technologies Limited for merging of their two IT/ITES SEZs at Pocharam village, Ghatkesar Mandal, Ranga Reddy District, Andhra Pradesh. The Board also decided to grant approval for inclusion of additional area to the extent of 8.48 hectares in the merged SEZ, thereby making the area of the merged SEZ as 181.03 hectares subject to contiguity being maintained and also subject to receipt of report on possession/ownership, non-encumbrance, contiguity and vacancy from the concerned Development Commissioner. After merger, the count of SEZs will be reduced from 2 to 1. The formal approval granted in the meeting of BoA held on 8th August 2007 over an area of 119.87 hectares for which LoA was issued on 16th August 2007 stands cancelled.

(ii) Request of M/s G.P. Realtors Private Limited for merging of their two Electronic Hardware and IT/ITES SEZs at Ghata, Behrampur and Balola villages, Gurgaon District, Haryana

After deliberations, the Board decided to grant approval to the request of M/s G.P. Realtors Private Limited for merging of their two Electronic Hardware and IT/ITES SEZs at Ghata, Behrampur and Balola villages, Gurgaon District, Haryana.
The Board also decided to grant approval for inclusion of additional area to the extent of 10.24 hectares in the merged SEZ, thereby making the area of the merged SEZ as 38.45 hectares subject to contiguity being maintained. After merger, the count of SEZs will be reduced from 2 to 1.

(iii) Request of Cochin Special Economic Zone for expansion of the zone

The Board noted that Cochin Special Economic Zone is a government Zone and the proposal is for expansion of the zone by adding a land parcel of 150-180 acres of land situated 25 KMs away from the existing Zone. BoA noted that it is important that Cochin SEZ requires to be expanded keeping in view the increasing demand in the manufacturing sector, Kerala Government will also favourably

consider allotting land to a Central Government SEZ. It was accordingly, decided that Department of Commerce would examine the issue on file, take the approval of the competent authority and communicate the decision to DC, CSEZ for appropriate decision. BoA will be kept informed of the developments in this matter.

Item No. 13: Ex-post facto approval of activities/utilities in relation to authorised operations approved by Board of Approval in processing area by M/s. SEZ Bio- tech Services Pvt. Ltd.

It was observed that the the Ministry had already advised the office of the Development Commissioner, SEEPZ SEZ to consider the list of activities in the Unit Approval Committee meeting and it was noted that UAC has already approved the activities. Accordingly, the Board decided not to consider the proposal ex-post-facto as it falls within the competence of UAC.

Item No. 14: Appeal of M/s. Ambey Exports against cancellation of LoA by the Development Commissioner, Noida SEZ The Board noted that the unit has deliberately violated the norms of import by resorting to illegal import of goods by way of mis-declaration and misuse of import documents. Further, the unit deliberately tampered the name and address of the importer and imported the goods in question from ICD TKD issued of CFS, Patparganj for which Bill of Entry was not assessed. Further, the unit has mis- declared the description of the goods as “Rubber Tapes” in place of “Tailoring Tapes”. The unit has also stored the imported goods in Plot No. 19, NSEZ which is not in possession of the unit and violated conditions No. 3 & 13 of Bond cum legal undertaking. Accordingly, the Board upheld the decision taken by Unit Approval Committee in this case.

Item No. 15: Appeal of M/s. Hansen Drives Ltd. against the order of
Development Commissioner, MPEZ SEZ in relation to amendment of LoA to include Repairs/Re-Engineering/Re-making of defective Gear Box Units

The Board noted that the unit had been issued and LoA in the Suzlon Infrastructure Ltd SEZ for manufacture of Gear units for Wind Turbines. This activity is a highly specialized one and M/s. Hansen Drives had started their manufacturing operations for their Gear Box Units in September 2008. In the present proposal, they intend to carry out repairs/re-engineering/re-making of defective Gear Box Units at their SEZ units for which they intend earmarking a separate area within their SEZ Unit. The firm will service Gear Box Units both within or after the warranty period originally offered to the customers and also those Gear Boxes

originally manufactured by Hansen Drives, Hansen Transmissions International Belgium, Overseas Third parties and Gear Boxes manufactured by third parties in India. During the course of the discussions, the representative of the Department of Revenue indicated that such an arrangement will pose problems in terms of duties leviable and collected. After deliberations, the Board decided to include repair and re-engineering activities only in respect of items manufactured either by M/s. Hansen Drives Ltd. or by its parent company and not by any other third party - Indian or overseas. The Board further observed that while repair/re- engineering/re-making of Gear Boxes imported directly and exported back will not be a difficult proposal to consider, in respect of Gear Boxes coming in from the DTA area, customs and DC will have to ensure that all necessary regulations are adhered to. Subject to this, the Board decided to grant approval to the proposal.

Item No.16: Request of M/s. Taneja Aerospace and Aviation Limited for including airfield/airstrip as an infrastructure within the Aviation SEZ at Hosur, Tamil Nadu The Board noted that in-principle approval was granted to the above mentioned proposal subject to the condition that the existing airstrip/hangers should be excluded from the proposed SEZ. M/s. Taneja Aerospace and Aviation Limited had requested for including airfield/airstrip as an infrastructure within the Aviation SEZ. The request was listed in the meeting of BoA held on 08-12-08 and it was decided by the Board to defer the proposal with the directions to get a report of DC, MPEZ on the issue. JDC, MEPZ SEZ pointed out that for the proposed SEZ, a run way is an essential requirement. In order to enable large Aircraft to reach the hanger for taking up MRO activities, it is necessary to have a full fledged run way.
In the present case, there is a run way about 2.3 KMs long which has been strengthened and improved over the existing old run way and the same has been done to enable the run way to handle larger aircrafts. JDC further pointed out that the developer is presently in possession of around 220 acres of land and 80% of this is taken up by the run way, apron and ATC which are all covered by statutory requirements and such lands cannot be used for any other purposes and the SEZ would be able to commence any MRO activity only if the run way is also included as part of the SEZ. The representative of Department of Revenue said that the main issue for consideration is regarding vacancy. The run way is in existence and integrating it as a part of the SEZ presently may pose difficulties in terms of the extant SEZ Rules. BoA discussed the issue and the opinion was that run ways are at par with roads which are not counted towards ‘structures’. Hence, the issue of vacancy is not a major one. In any case, it was noted that since M/s. Taneja Aerospace is a dedicated aviation SEZ, there can be no reservations regarding inclusion of run way. Accordingly, the Board decided to include the existing run way as a part of the SEZ excluding hangars and other structures etc.

Item No. 17: Cancellation of formal approval granted to Maharashtra Industrial Development Corporation for setting up of IT/ITES SEZ at Airoli Knowledge Park, Thane, Maharashtra

The Board decided to approve the cancellation of formal approval granted to Maharashtra Industrial Development Corporation for setting up of IT/ITES SEZ at Airoli Knowledge Park, Thane, Maharashtra on the request of the State Government of Maharashtra.

Item No. 18: Delineation of port area in respect of port based multi product Special Economic Zone at Vanjore Village, Thirupattinam Commune, Karaikal District, Pondicherry by M/s. Karaikal Port Private Limited over an area of 243.503 hectares

BoA noted that the present proposal precedes the declaration of the policy of port-based SEZs. In this case, even the in principle approval is yet to be given. The developer can seek changes in the approval only after a decision on its earlier proposal is taken. BoA, accordingly, decided to defer its decision on the proposal.

Supplementary Agenda
Item No.1: Proposals for setting up of SEZs
The proposals could not be discussed and were deferred. Item No.2: Requests for co-developers (i) Request of M/s. Hiranandani IT Panvel SEZ Co-developer Pvt. Ltd. for co- developer in the multi services SEZ at Bhokarpada, Taluka Panvel District Raigad, Maharashtra set up by M/s. Sunny Vista Realtors Private Limited

The proposal could not be discussed and accordingly, the Board decided to defer the request.

Item No. 3: Request for change of sector

(i) Request of M/s. Gujarat Hydrocarbons and Power SEZ Limited for change of sector from Oil & Gas to Hydrocarbon including petrochemicals at Vilayat, Taluka Vagra, District Bharuch, Gujarat

After deliberations, the Board decided to approve the request for change of sector as per the following details:-

S. No. Name of the Developer Location Area (In Hectares) Earlier Sector
Approved Sector
A. Gujarat Hydrocarbons and Power SEZ Ltd. Vilayat Industrial Estate, District Bharuch Gujarat 108 Oil and Gas
Energy including New and
Renewable Energy B Gujarat Hydrocarbons and Power SEZ Ltd. Vilayat Industrial Estate, District Bharuch Gujarat 140 Oil and Gas Oil and Gas including its derivatives (Petrochemical s)

Item No. 4: Renewal of LoA for next 5 years in terms of Rule 18(4) (a) of SEZ Rules, the proposal for extension of LoA of the unit engaged in recycling of
scrap/waste.

(i) Renewal of LoA for next 5 years in respect of M/s. Plastic Processers & Exporter Pvt. Ltd., a unit in Noida SEZ

The proposal could not be discussed and accordingly, the Board decided to defer the request.

(ii) Renewal of LoP for next 5 years in respect of M/s. Nara Exim Pvt. Ltd., (formerly known as Anita International), a unit in Falta SEZ

After deliberations, the Board decided to approve the request of M/s. Nara Exim Pvt. Ltd., (formerly known as Anita International), a unit in Falta SEZ to renew its LoP for a further period of one year only.

Item No. 5: Request of M/s. Topnotch Infrastructure Pvt. Ltd. for change in name to M/s. NSL SEZ (Hyderabad) Pvt. Ltd.

The Board took note of it.

Item No. 6: Request for Authorized Operations. (i) Request of M/s. Gujarat Hera Bourse for authorized operations in the Gem & jewellery Park SEZ at Ichchhapore, District, Surat

the Non-processing area as listed below:

S. No. Authorized Operations Quantum sought Quantum approved 1. Custom house building (Consisting of ground floor plus 3 floors) 955.83 sq. meters 955.83 sq. meters for administrative office

(ii) Request of M/s. Gopalan Enterprises (India) Private Limited for authorized operations in the IT/ITES SEZ at Hoodi village, K.R. Puram, Bangalore
BoA decided to defer the request.

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S. No Authorized Operations Area (in sq mtrs) 1. Security offices, police posts, etc, at entry, exit and other points within and along the periphery of the site. 800.00 2. Effluent treatment plant and pipelines and other infrastructure for Effluent treatment

a. Hardware and software vendors

1,000 sq. meters 1,000 sq. meters b. Professional offices

2,000 sq. meters 2,000 sq. meters c. Commercial

6,000 sq. meters 6,000 sq. meters d. Retail

a. Space for Banking Services and ATMs

1,500 sq. meters 1,500 sq. meters b. Health care facilities

1,500 sq. meters 1,500 sq. meters c. Grocery Store

1,000 sq. meters 1,000 sq. meters d. Entertainment facilities

1,000 sq. meters 1,000 sq. meters e. Food courts and

Restaurants f. Convention Hall

apartments 110 sq. Mts. Each 3. Shopping arcade/retail services

Within the SEZ only 4. Operation and maintenance of the transmission and distribution facilities

Wi-Fi and Max Services 300 Nos.

--

--

Parking including Multi-level car parking (automated or manual) 30400 30400 16. Power (including power back up facilities) 7 MW 7 MW 17. Security offices 100 100 18. Wi Fi and/or Wi Max services 100 100 19. Effluent treatment plant and pipelines and other infrastructure for effluent treatment

-- 20. Shopping arcade and/or retail space

S. No Authorized Operations
Area (in sq mtrs) 1. Security offices, police posts, etc, at entry, exit and other points within and along the periphery of the site. 800.00
2. Effluent treatment plant and pipelines and other infrastructure for Effluent treatment