Final minutes of 37th BoA Meeting - 15th December, 2009

Minutes of the 37th meeting of the SEZ Board of Approval held on
15th December 2009 to consider proposals for setting up of Special Economic Zones

Minutes of the 37th meeting of the BoA for SEZ held on 15th December 09

The thirty seventh meeting of the SEZ Board of Approval was held on 15.12.2009 under the chairmanship of Shri Rahul Khullar, Secretary, Department of Commerce in Room No. 47, 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 -1).

Addressing the Board of Approval members, the Chairman informed that so far 570 formal approvals have been granted for setting up of SEZs out of which 346 have been notified. He further informed that over Rs. 1,30,341 crore have been invested in the Special Economic Zones during this short span of time and direct employment of the order of 4,18,129 persons has been generated in the Special Economic Zones. During the first half of current financial year, total export of Rs. 89,750.75 crore has been made from SEZs.

ITEM NOs. 37.1& 37.2: Proposals for setting up of SEZs:-

(A)
Decisions for Formal Approvals:
1. Request for setting up of a sector specific Special Economic Zone for Information Technology (IT) at Baprola village, Delhi by M/s. Delhi State Industrial & Infrastructure Development Corporation Ltd. over an area of 10.52 hectares (Item No. 37.1 –Sl. No. iii):

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 at Baprola village, Delhi by M/s. Delhi State Industrial & Infrastructure Development Corporation Ltd. over an area of 10.52 hectares.

Request for setting up of a sector specific Special Economic Zone for Gems & Jewellery at Baprola village, Delhi by M/s. Delhi State Industrial & Infrastructure Development Corporation Ltd. over an area of 16.73 hectares (Item No. 37.1 –Sl. No. iv):

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 & Jewellery at Baprola village, Delhi by M/s. Delhi State Industrial & Infrastructure Development Corporation Ltd. over an area of 16.73 hectares.

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Request for setting up of a sector specific Special Economic Zone for IT/ITES at Nellikode village, Kozhikode, Kerala by M/s. Uralungal Labour Contract Cooperative Society Limited (ULCCS Ltd.) over an area of 10.16 hectares (Item No. 37.1 –Sl. No. v):

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 Nellikode village, Kozhikode, Kerala by M/s. Uralungal Labour Contract Cooperative Society Limited (ULCCS Ltd.) over an area of 10.16 hectares

Request for setting up of a sector specific Special Economic Zone for IT/ITES and Hardware at Ambernath, Thane District, Maharashtra by M/s. Empire Industries Limited (EIL) over an area of 14.16 hectares (Item No. 37.1 –Sl. No. vii):

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 and Hardware at Ambernath, Thane District, Maharashtra by M/s. Empire Industries Limited (EIL) over an area of 14.16 hectares.

Request for conversion of in-principle approval into formal approval for setting up of a sector specific Special Economic Zone for Solar PV at Ramdaspur Cuttack District, Orissa by M/s. Lanco Solar Private Limited over an area of 101 hectares (Item No. 37.2 –Sl. No. i):

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 Solar PV at Ramdaspur Cuttack District, Orissa by M/s. Lanco Solar Private Limited over an area of 101 hectares.

Request for conversion of in-principle approval into formal approval for setting up of a sector specific Special Economic Zone for Biotech at Village Shahbaez, Taluka-Alibaug, District Raigad, Maharashtra by M/s. Veritas Infrastructure Development Limited over an area of 11.54 hectares (Item No. 37.2 – Sl. No. ii):

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 Biotech at Village Shahbaez, Taluka-Alibaug, District Raigad, Maharashtra by M/s. Veritas Infrastructure Development Limited over an area of 11.54 hectares.

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(B) Decisions for in-principle approvals:

Request for setting up of a FTWZ Special Economic Zone at Post Redi, District Sindhudurg, Maharashtra by M/s. Redi Port Ltd. over an area of 40 hectares (Item No. 37.1 –Sl. No. ii):

The Board noted that the Developer was not in possession of land and that the State Government had recommended the proposal for grant of in principle approval. After deliberations, the Board decided to grant in-principle approval for setting up of a FTWZ Special Economic Zone at Post Redi, District Sindhudurg, Maharashtra by M/s. Redi Port Ltd. over an area of 40 hectares subject to the condition that the Port should not be in the processing zone.

Request for setting up of a sector specific Special Economic Zone for Copper SEZ at TV Puram, Tuticorin, Tamil Nadu by M/s. Sterlite Industries (India) Ltd. over an area of 197 hectares (Item No. 37.1 –Sl. No. vi):

The Board noted that the Developer was in possession of land which appear to be in three parcels and not contiguous. It was also noted that the State Government had recommended the proposal for grant of in principle approval.
After deliberations, the Board decided to grant in-principle approval for setting up of a sector specific Special Economic Zone for copper at TV Puram, Tuticorin, Tamil Nadu by M/s. Sterlite Industries (India) Ltd. over an area of 197 hectares.

(C)
Decisions for Deferment:

Request for setting up of a sector specific Special Economic Zone for IT/ITES SEZ at Manjapra, Ernakulam District, Kerala by M/s. Malayalee Realtors India Limited over an area of 13.14 hectares (Item No. 37.1 –Sl. No. i):

It was noted that the land documents are not the name of the developer. Accordingly, the Board decided to defer the proposal, so that the developer is able to comply with the provisions of the SEZ Act/ Rules.

Request for setting up of a sector specific Special Economic Zone for Heavy Engineering SEZ at Village Suvali & Mora, Taluka, Choryasi, District Surat, Gujarat by M/s. Larsen & Toubro Ltd. over an area of 100 hectares (Item No. 37.1 – Sl. No. viii):

The Board noted that the developer has requested for withdrawing the present proposal. Accordingly, the Board decided to defer the proposal.

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Item No.37.3: Requests for co-developers

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. This is applicable for all the cases for co-developers mentioned below:-

(i) Request of M/s. Parsvnath MIDC Pharma SEZ Pvt. Ltd. for co-developer in the Pharma SEZ at Kurshnoor, Nanded, Maharashtra by Maharashtra Industrial Development Corporation

After deliberation the Board approved the proposal.

(ii) Request of M/s. Mahindra Bebanco Developers Limited (MBDL) for
co-developer in the multi product SEZ in Nagpur, Maharashtra, developed by M/s. Maharashtra Airport Development Company Limited (MADC).

DC, SEEPZ indicated that after perusing the agreement, it was noted that there are clauses in the agreement which denote sale envisaging transfer of ownership and not lease. Accordingly, BOA decided to defer the proposal with the direction that the developer must redraw the co-developer agreement in line with the SEZ Act/Rules.

(iii) Request of M/s. ACN Infotech (India) Pvt. Ltd. for co-developer in the sector specific SEZ for IT/ITES at Madhurwada, Andhra Pradesh, being developed by Andhra Pradesh Industrial Infrastructure Corporation (APIIC)

(iv) Request of M/s. Sankhya Technologies Private Limited for co-developer in the sector specific SEZ for IT/ITES at Madhurwada, Andhra Pradesh, being developed by Andhra Pradesh Industrial Infrastructure Corporation (APIIC)

In both these cases it was noted that there are clauses in the agreement which amount to sale of land rather than lease. Accordingly, BOA decided to defer the proposal with the direction that the developer must redraw the co-developer agreement in line with the SEZ Act/Rules.

(v) Request of M/s. Indian Oil Corporation Ltd. for co-developer in the port based SEZ at Puthuvypeen, Kerala developed by Cochin Port Trust

It was noted that there co-developer agreement was not provided by the developer. Accordingly, the BoA decided to defer the proposal.

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(vi) Request of M/s. Indiabulls Realtech Limited for co-developer in the multi product SEZ at villages Musalgaon and Gulvanch, Taluka Sinnar, District Nasik, Maharashtra being developed by M/s. Indiabulls Industrial Infrastructure Limited

After deliberations, the Board decided to grant approval to request of M/s. Indiabulls Realtech Limited for co-developer in the said SEZ for setting up a 1200 MW Power Plant in the multi product SEZ at villages Musalgaon and Gulvanch, Taluka Sinnar, District Nasik, Maharashtra developed by M/s. Indiabulls Industrial Infrastructure Limited.

(vii) Request of M/s. MindTree Limited for co-developer in the sector specific SEZ for IT/ITES at Hoodi village, K.R. Puram, Whitefield, Bangalore, Karnataka being developed by M/s. Gopalan Enterprises (India) Private Limited

After deliberations, the Board decided to grant approval to request of M/s. MindTree Limited for co-developer in the said SEZ for development area admeasuring 1.3658 hectares in the IT/ITES SEZ at Hoodi village, K.R. Puram, Whitefield, Bangalore, Karnataka developed by M/s. Gopalan Enterprises (India) Private Limited.

(viii) Request of M/s UST Global India for co-developer in the sector specific SEZ for IT/ITES at Attipra Village, Thiruvananthapuram, Kerala being developed by M/s Electronics Technology Parks-Kerala

After deliberations, the Board decided to grant approval to request of M/s. UST Global India for co-developer in the said SEZ for setting up an IT/ITES SEZ on area admeasuring 2.4767 hectares in the IT/ITES SEZ at Attipra village, Thiruvananthapuram Kerala developed by M/s. Electronics Technology Parks- Kerala.

Item No. 37.4: Requests for first extension of validity of formal approvals

The Board decided to grant extension of validity of formal approvals in each of the following cases for one year beyond the expiry of the validity period:

(i) M/s. OSE Infrastructure Limited for extension of the validity period of formal approval beyond 5th November 2009 for sector specific SEZ for IT/ITES SEZ at Plot No. C-001, Sector- 67, Noida, Gautam Budh Nagar District, Uttar Pradesh

(ii) Maharashtra Industrial Development Corporation for extension of the validity period of formal approval beyond 4th April 2009 for the sector specific SEZ for Agro processing Industry at Addl. Latur, Dist. Latur, Maharashtra.

(iii) Maharashtra Industrial Development Corporation for extension of the validity period of formal approval beyond 2ndApril 2009 for the sector specific SEZ for IT/ITES at Rajiv Gandhi Info Tech Park Phase – III, Pune, Maharashtra.

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(iv) Maharashtra Industrial Development Corporation for extension of the validity period of formal approval beyond 4th April 2009 for the sector specific SEZ for Textile at Kagal Hat. Kanagale, Dist. Kolhapur, Maharashtra.

(v) Maharashtra Industrial Development Corporation for extension of the validity period of formal approval beyond 21st June 2009 for the sector specific SEZ for Textile Industry at Addl. Yavatmal, Dist. Yavatmal, Maharashtra.

(vi) Maharashtra Industrial Development Corporation for extension of the validity period of formal approval beyond 4th April 2009 for the sector specific SEZ for Pharmaceuticals at Krushnoor, Dist. Nanded, Maharashtra.

(vii) Maharashtra Industrial Development Corporation for extension of the validity period of formal approval beyond 2nd April 2009 of the multi product SEZ at Nandgaon Peth, Dist. Amravati, Maharashtra.

(viii) Maharashtra Industrial Development Corporation for extension of the validity period of formal approval beyond 4th April 2009 for the sector specific SEZ for Engineering & Electronics at Shendre, Dist. Aurangabad, Maharashtra.

(ix) Maharashtra Industrial Development Corporation for extension of the validity period of formal approval beyond 4th April 2009 for the sector specific SEZ for Textile at Butibori, Dist. Nagpur, Maharashtra.

(x) M/s. Ganesh Housing Corporation Limited for extension of the validity period of formal approval beyond 19th December 2009 for sector specific SEZ for IT/ITES SEZ at village Chharodi and Tragad, Tal. Dascroi and City, Dist. Ahmedabad, Gujarat.

(xi) M/s. Emaar Hills Township Pvt. Ltd. for extension of the validity period of formal approval beyond 25th October 2009 for the sector specific SEZ for IT/ITES at Manikonda village, Rajendra Nagar Mandal, Ranga Reddy District, Andhra Pradesh.

(xii) M/s. Luxor Cyber City Private Limited for extension of the validity period of formal approval beyond 6th April 2009 for sector specific SEZ for Electronics/IT/ITES at village Shikohpur, Tehsil Sohna, District Gurgaon, Haryana.

(xiii) M/s. Jindal Stainless Limited for extension of the validity period of formal approval beyond 24th October 2009 for sector specific SEZ for Stainless Steel & Ancillary/downstream industry at Kalinga Nagar, Orissa.

(xiv) M/s. Karanja Infrastructure Pvt. Ltd. for extension of the validity period of formal approval beyond 30th October 2009 for FTWZ SEZ at village Chanje, Taluka Uran, District Raigad, Maharashtra.

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(xv) M/s. Electronics Corporation of Tamil Nadu Limited for extension of the validity period of formal approval beyond 15th June 2009 for sector specific SEZ for IT/ITES at Vilankurichi, Coimbatore North Taluk, Coimbatore, Tamilnadu.

(xvi) M/s. Hetero Infrastructure SEZ Limited for extension of the validity period of formal approval beyond 25th June 2009 for sector specific SEZ for Pharmaceuticals at Nakkapalli Mandal, Visakhapatnam, Andhra Pradesh.

Item No. 37.5: 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. DLF Utilities Limited for authorized operations as co- developer, in the IT/ITES SEZ at DLF Cyber City, Gurgaon, Haryana, developed by M/s. DLF Cyber City Developers Limited

The BoA perused the proposal and after deliberations, the Board decided to approve the authorized activities in the processing area, as captive facility given in the table:

S. No Authorized Operations
Quantum requested for Quantum Approved

Power Generation using Gas Generation Sets The developer intends installing 4x12 MW power plants using natural gas for lighting an area of 4 million sq. feet. 2x12 MW power plant using natural gas for lighting an area of 2 million sq. feet. 2. Air conditioning using Chilled Water The exhaust gases from the power generation plant will be used for chilling water for air conditioning 4 million sq. feet of space The exhaust gas will be used for chilling water for air conditioning 2 million sq. feet of space

(ii) Request of M/s. GHI Finlease and Investments Limited for authorized operations in the IT/ITES SEZ at Sohna Tehsil, Distt. Gurgaon, Haryana

The DC, NSEZ reported that developer has not demarcated the SEZ and has also not started any default operations. Accordingly, BoA decided to defer consideration of the proposal.

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(iii) Request of M/s. Rathinam Arumugam Research & Educational Foundation for authorized operations as co-developer, in the IT/ITES SEZ at Coimbatore, Tamil Nadu, developed by M/s. Span Ventures Private Limited

The Board noted that the current proposal is for implementing the authorized operation already approved, in respect of the developer M/s. Span Ventures Pvt. Ltd., in the BoA meeting held on 23rd February 2009. Accordingly, BoA decided that the co-developer M/s. Rathinam Arumugam Research & Educational Foundation be given approval for the same authorized activities as was approved for the developer. The approval issued in respect of the developer will be withdrawn and in the following authorized operations, in the non-processing area, be approved for the co- developer

S. No Quantum requested for (in sqm ) Quantum Approved (in sqm) I. Living Facilities

1. Service Apartment 50 Nos 4,647 50 units x 120 sqm.

2. Hostel Rooms – 300 Nos 6,970 300 units x20 sqm.

3. Guest Houses – 20 Nos 2,788 20units x200 sqm. II. Health Care Facilities

100 Bedded Hospital 2,323 10 Bedded Hospital

III. Educational Facilities

School, College and Vocational Training 18,587 5000 sqm (Pre-primary / Primary/Secondary school)

IV. Entertainment Facilities

Food Court, Multiplex, Shopping & Gaming Centers 5,111 1000 sqm (except multiplex)

(iv) Request of M/s. Dahej Hospitality Pvt. Ltd. for authorized operations as co- developer, in the Multi Product SEZ at Bharuch, Gujarat developed by M/s. Dahej SEZ Limited

The Board noted that Dahej is already having 42 units and the number of units is only likely to go up. The nearest urban city is Vadodara which is 120 KM away. Therefore, the Board felt that, there is a need to create the infrastructure for catering to the rising demand. The BoA, accordingly, after deliberations, decided to approve the requests of the following co-developers for the authorized operations, in the non-processing area, as given under:

(a) M/s. Dahej Hospitality Pvt. Ltd.

S. No Area
Quantum Approved 1. Convention Centre having the capacity of total 600 persons 25,000 sq. ft. 25,000 sq. ft.

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with conference halls, meeting rooms, break out areas etc.
2. 100 room hotel, 2 restaurants, business centre, swimming pool etc.
61,000 sq. ft. 42000 sq. ft. including 60 hotel rooms

Office space 1,38,400 sq. ft. 1,38,400 sq. ft. 4. 150 service apartments 1,54,200 sq. ft. 99000 sq. ft.
(90 service apartments) 5. Club with Juice Bar, Yoga centre, Spa, Indoor Sports – Billiards, Table-Tennis, Card- room, chess etc 33,300 sq. ft. 33,300 sq. ft.

(b) M/s. Sapthagiri Hospitality Private Limited

S. No Quantum requested for
(in sq. ft.) Quantum Approved (in sq ft.) 1. 75 Guest Rooms Hotel, 25 Studio Apartments & Business Center, etc 1,25,000 1,25,000 (75 hotel rooms, 25 studio apartments, and business center) 2. 24 Hours Coffee Shop & Specialty Restaurants 20,000 20,000 (24 Hours Coffee Shop & Specialty Restaurants) 3. Health Club, Spa, Indoor Recreations, Bar/Lounge, Swimming Pool, Tennis Court, etc. 39,500 39,500 (Health Club, Spa, Indoor Recreations, Bar/Lounge, Swimming Pool, Tennis Court) 4. Commercial Complex/Officer Complex/Retail Outlets/Shopping Arcade 1,25,000 1,25,000 (Commercial Complex/Officer Complex/Retail Outlets/Shopping Arcade) 5. Conference/Banquets/Meeting Rooms, etc. 22,500 22,500 (Conference/Banquets/Meet ing Rooms)

(v) Request of M/s. Suyog Realtors Pvt. Ltd. for authorized operations in the IT/ITES SEZ at Nagpur, Maharashtra

The Board noted that DC, SEEPZ has recommended 50% of the quantum requested for by the developer. It was considered preferable to have a total picture of the requirement and accordingly, the proposal was deferred and DC SEEPZ was requested to submit a comprehensive report.

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(vi) Request of M/s DLF Cyber City Developers Limited for authorized operations in the IT/ITES SEZ at DLF Cyber City District, Gurgaon, Haryana

DC, NSEZ indicated a joint inspection was carried out by DC’s office and Director SPTI’s office. The developer has been already approved 12000 sqm. of commercial complex/office space and 15000 sqm of service apartments. The developer’s request was for enhancing the commercial complex/office space to 32000 sqm from the existing 27000 sqm. (12000 sqm of commercial complex/office space + 15000 sqm. of service apartments). After inspection it was felt that the developer must first develop 15000 sqm of commercial complex/office space before further expansion can be considered. BoA while holding the view that the developer may prefer developing the entire space at one go rather than in phases, however
decided to approve the authorized operations, in the non-processing area, as given in the table:

S. No Quantum requested for (in sqm) Quantum Approved (in sqm) 1. Commercial Complex/Office space 32000 in lieu of 27000 sqm. of space (12000 sqm. of commercial complex/office space+15000 sqm. of service apartments) 15000 sqm. of commercial complex/office space

(vii) Request of M/s. Sunny Vista Realtors Pvt. Limited for authorized operations in the multi services SEZ at Panvel, Maharashtra

The Board noted that DC, SEEPZ has recommended 50% of the quantum requested for by the developer. It was considered preferable to have a total picture of the requirement and accordingly, the proposal was deferred and DC SEEPZ was requested to submit a comprehensive report.

(viii) Request of M/s. Hetero Drugs Limited for authorized operations as co- developer in the sector specific SEZ for Pharmaceutical Formulations at Mahaboobnagar District, Andhra Pradesh developed by APIIC
The BoA perused the proposal and after deliberations, the Board decided to approve the authorized operations, in the non-processing area, as given in the table:

S. No. Authorised operations Quantum requested for Quantum Approved 1.
Generation and distribution of steam 5 Tonnes/10.5 sq. cm/sec. 5 Tonnes/10.5 sq. cm/sec. 2.
Generation and distribution of compressed Air 800 CFM 800 CFM

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Providing solvent storage tanks 120 KL 120 KL 4.
Generation and distribution of Hot water 20000 KW/Hour 20000 KW/Hour 5.
Air Conditioning Facility 1000 TR 1000 TR 6.
Providing Weigh Bridge 40 ton 40 ton 7.
Construction of Common Canteen building 200 sqm. 200 sqm. 8.
Construction of utility block 675 sqm. 675 sqm. 9.
Construction of rest rooms 340 sqm. 340 sqm. 10.
Laundry facility 100 sqm.
100 sqm.

(ix) Request of M/s. Arshiya International Limited for authorized operations in the FTWZ SEZ at village Sai, Taluka Panvel, District Raigad, Maharashtra

The Board noted that there are two distinct groups of approvals sought – 1. for authorized operations and 2. for authorized operations in respect of services rendered. While the Board approvals the authorized operations in the first group as indicated below, in respect of the second group the Unit Approval Committee will have to take decisions.

S. No. Authorised operations Quantum requested for (in the Processing area) (in sqm) Quantum requested for (in the Non- processing area) (in sqm) Quantum Approved (in the processing area) (in sq mtrs) Quantum Approved (in the non- processing area) (in sq mtrs) 1.
Open Storage yards

a. Container yard 15000

15000

b. Over Dimensional Cargo Yard 9500

9500

c. Empty Container Yard 4200

4200

d. Maintenance & Repairs Yard 7000

7000

e. Scrap Yard 5500

5500

Customs Gate Complex 1000

1000

Transport System

a. Bus Shelters, Bus Terminals & Work Shop 3000

3000

b. Helipad – 1 nos 5000

5000

c. Systems for managing traffic

(i) Material Vehicle In/Out 1 nos

1 nos

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Ticketing Systems (ii) Vehicle Decision Systems and Traffic Management System – Software & Hardware 1 nos

1 nos

Maintenance & Repairs Shed 1500

1500

Public Conveniences

a. Food services such as cafeteria, food courts, restaurants, coffee shops, canteens, catering facilities & Kitchens 3000

3000

b. Toilets & Restrooms 1500 150 1500 150 c. Basic amenities store (Groceries, Stationary etc. 150 500 150 500 7.
Administrative Building (to include)

5000

5000 a. FTWZ Management Centre

--

-- b. Development Commissioner’s Office

--

-- c. Courier Office

--

-- d. Bank/ATMs

--

-- e. Internet Cafe

--

-- f. Telephone booths

--

-- g. Post/Telegraph Office

--

-- h. Business Centre

--

-- i. Offices for Clearing Agents, Insurance Cos,

--

-- j. Stationary & Zerox facility

--

-- k. Pantry & Canteen

--

-- l. Data Centre

--

-- m. Poly Clinic & Pharmacy

--

-- 8.
Security, Safety, Access Control & Monitoring System 5000 100 5000 100 a. Security Towers and Network, Surveillance, Intelligent Access Control, Automated 12 nos

12 nos

b. Speed Monitoring and Control – Software and Hardware 1 nos

1 nos

c. Access Control Management 1 nos

1 nos

d. Surveillance and detection system 1 nos

1 nos

Warehouse Management

--

--

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System a. Goods/Container Tracking/Tracing Systems 1 nos

1 nos

b. W M Software 1 nos

1 nos

Product Display Centre 1500 1000 1500 1000 11.
Essential Maintenance Staff Housing and

3000

3000 12.
Fire Station

1000

1000

(x) Request of M/s. Adani Mundra SEZ Infrastructure Pvt. Ltd. for authorized operations as co-developer in the multi product SEZ at Mundra village & Taluka, Kutch – District, Gujarat, developed by Mundra Port and Special Economic Zone Limited.

The BoA perused the proposal and after deliberations, the Board decided to approve the authorized operations, in the non-processing area, as given in the table:

S. No. Authorised operations Quantum requested (in sqm) Quantum Approved (in sq mtrs) 1. Multiplex 25000 25000

(xi) Request of M/s. Footwear Design & Development Institute for authorized operations as co-developer, in the Footwear and Leather Products SEZ at Irungattukottai, Sriperumbudur, Tamil Nadu developed by M/s. SIPCOT

The Board noted that apart from authorized operation there is also a list of imported machinery which requires to be approved by the Board. The Board decided to approve the authorized operations, in the non-processing area, as given in the table and also the list of imported machinery:

S. No Quantum requested for (in sqm) Quantum Approved (in sq mtrs) 1. Construction of Admin Block 3626 3626 2. Construction of work shop and laboratories 7216 7216 3. Construction of classrooms, Training Centers & Lecture Theaters etc 3564 3564 4. Construction of Design Studio, CAD-CAM facilities 600 600 5. Construction of Auditorium 1210.33 1210.33 6. Construction of Library & Computer Center 1300 1300 7. Construction of Hostels 9163 9163 8. Construction of Staff Quarters and 7407 7407

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Residential Blocks 9. STP and other utilities 490 490 10. Installation & Commissioning of Electric Service station, Diesel Generator sets etc.

-- 11. Procurement & Installation of IT equipments, Desk tops, Servers, Switches, Storage Device & other related facilities

-- 12. Procurement, Installation of Machines & Equipments for workshop & Laboratories

-- 13. Furniture, Fixtures and Air conditioning facilities

--

(xii) Request of M/s Jubilant Infrastructure Limited for authorized operations in sector specific SEZ for chemicals in District Bharuch, Gujarat

The Board noted that there are issues which require to be examined to appreciate whether the operations are in the nature of infrastructure or chargeable services. Accordingly, it was decided to defer the proposal and the BoA Secretariat will examine the proposal on file for a decision.

(xiii) Request of M/s. Apollo Hospitals Enterprise Limited for authorized operations as co-developer in the manufacture and assembling of electronics, telecommunication and IT hardware and development of software, R&D services and other services in telecommunication SEZ at Sriperumbudur, Tamil Nadu developed by M/s. Nokia India Private Limited

The BoA perused the proposal and after deliberations, decided to approve the authorized operations in the non-processing area as given in the table subject to the following:

(a) The hospital will provide coverage only to the zone, adjoining SEZ zones and trauma cases arising out of accidents on the highway;
(b) No outside patients will be entertained other than the category specified above; and
(c) Nokia SEZ, the developer must be informed of the decision of the BoA in this regard so that the spirit of the approval is maintained

S. No. Authorised operations Quantum requested for (in sqm) Quantum Approved (in sqm) 1. Hospital 4,010 4,010 (60 bedded) 2. Canteen 49 49 3. Pharmacy 13 13

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(xiv) Request of M/s. Kumar Builders Township Ventures Private Limited for authorized operations in sector specific SEZ for IT/ITES at Hinjewadi, Pune, Maharashtra

The Board noted that the Hinjewadi area is very crowded and sufficient quantities of social infrastructure is already available. Accordingly, the Board deferred the authorized operations proposed by the developer in the non-processing area and requested DC SEEPZ to assess the requirement and report the same to the Board. However, the Board decided to approve the authorized operation, in the processing area, as given in the table:

S. No. Authorised operations Quantum requested for (in sqm) Quantum Approved (in sqm) 1.
Administrative space for developer staff 640 640 2.
Library 611 611 3.
Food services including cafeteria, food court(s), restaurants, coffee shops, canteens and catering facilities 1806 1806 4.
ATM (for use of persons in processing area) 22 22 5.
Business and Convention Centre (in- house) 870 870

(xv) Request of M/s. Kolland Developers Pvt. Ltd. for authorized operations as co-developer, in the multi product SEZ at Mihan Nagpur, Maharashtra, developed by MADC

The BoA perused the proposal and after deliberations, the Board decided to approve the authorized operations, in the processing area, as given in the table:

S. No Quantum requested for
(in sqm) Quantum Approved (in sqm) 1. Air conditioned space 620000 620000

Power and other infrastructure for back up etc for captive use 4,800 (In 4 phases of 1,200 each) 4,800 (In 4 phases of 1,200 each) 3. Food services including restaurants, coffee shops, canteens and catering facilities, cafeteria and food courts 20,000 (in 4 phases of 5,000each) 20,000 (in 4 phases of 5,000each) 4. ATMs 100 (Total 3 ATM) 100 (Total 3 ATM) 5. Club House 6,000 Not approved as there is already one club house approved

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in respect of the developer.

(xvi) Request of M/s. Coimbatore Hitech Infrastructure Pvt. Ltd. for authorized operations in the sector specific SEZ for IT/ITES at Keeranatham village, Coimbatore (N) Taluk, Coimbatore District, Tamil Nadu

The Board noted that the area is away from the main Coimbatore City and accordingly, decided to approve the authorized operations, in the non-processing area, as given in the table:

S. No Quantum requested for
(in sqm) Authorized operations approved Quantum approved (in sqm)

1. Residential/Housing Complex/Guest Houses/ Service Apartments
   75000 Residential/Housing Complex/Guest Houses/ Service Apartments 75000

2. Commercial Complex 50000 Commercial Complex, Business Centre/Convention Centre, Commercial Complex/Office space, Retail/Commercial 20000

3. Business Centre/Convention Centre 5000 As in S. No 2 above

4. Community Hall 1000 Community Hall
   1000

5. Food Court 1000 Food Court 1000

6. Commercial Complex/Office space 15000 As in S. No 2 above

7. Utilities, Guard House 1000 Utilities, Guard House 1000

8. Administrative/Estate Office 1000 Administrative/Estate Office 1000

9. Retail/Commercial 15000 As in S. No 2 above

(xvii) Request of M/s Mayar Infrastructure Development Pvt. Ltd. for authorized operation in the sector specific SEZ for Biotechnology at Gurgaon, Haryana

The Board noted that Gurgaon is already having a number of hotels and hence, another hotel may not be considered. Accordingly, the Board decided to approve the following authorized operation in the non-processing area:

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S. No Quantum requested for (in sqm) Quantum Approved (in sqm) 1. Hotel (100 Rooms + 50 Suites)
37000
Not approved 2. Service Apartments (200 Units) 19000 9500 (100 units) 3. Residential Plots (12) 7 x 600 sqm 5 x 300 sqm DC, NSEZ to inspect and submit a report to be considered by BoA 4. Commercial Space 2800 2800

Item No. 37.6: Request for change of sector/broad-banding the sector

(i) Request of Maharashtra Industrial Development Corporation for change of sector of their sector specific SEZ at Shendre, Maharashtra from Aluminum & Aluminum Related Industries to Engineering & Electronics

The Board ratified the decision for change of sector by MIDC of their sector specific SEZ at Shendre, Maharashtra from Aluminium & Aluminium related Industries to Engineering & Electronics sector.

(ii) Request of M/s. Hyderabad Gems SEZ Limited for change of sector by including Branded Products, Luxury and Lifestyle products in the present sector specific SEZ for Gems & Jewellery sector at Maheshwaram Mandal, Ranga Reddy District, Andhra Pradesh

The BoA, after deliberations decided that the addition of products as requested for by the developer should be considered in the Unit Approval Committee.

(iii) Request of M/s. Ansal Colours Engineering SEZ Limited for change of sector of their sector specific SEZ, at Villages Bhagan and Kurar Ibrahimpur near Murthal Dist. Sonipat, Haryana, from Engineering to Agro and Food Processing Products

After deliberations, the Board decided to approve the request of M/s. Ansal Colours Engineering SEZ Limited for change of sector from “Engineering” to “Agro and Food Processing Products”.

(iv) Request of M/s. Coimbatore Hitech Infrastructure Pvt. Ltd. for change of sector by including Electronic Hardware and Software in the present sector specific SEZ for IT/ITES at Keeranatham village, Coimbatore (N) Taluk, Coimbatore District, Tamil Nadu

After deliberations, the Board decided to approve the request of M/s. Coimbatore Hitech Infrastructure Pvt. Ltd. for change/broad banding of sector from “IT/ITES” to “Electronic Hardware and Software including ITES”.

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(v) Request of M/s. Dishman Infrastructure Pvt. Ltd. for change of sector by including “Fine Chemicals” in the present sector specific SEZ for “Pharmaceuticals” at villages Kalayangadh and Gangad, Taluka Bavla, District Ahmedabad

After deliberations, the Board decided to approve the request of M/s. Dishman Infrastructure Pvt. Ltd. for change/broad banding of sector from “Pharmaceutical” to “Pharmaceutical & Fine Chemicals”.

Item No. 37.7: Requests for change in name/ transfer of approvals in the name of new company

(i) Request of M/s Arun Excello Infrastructure Pvt. Ltd. for change in the name to M/s L&T Arun Excello IT SEZ Private Limited

After deliberations, the Board decided to approve the request of M/s. Arun Excello Infrastructure Pvt. Ltd. for change of name to “M/s. L&T Arun Excello IT SEZ Private Limited”.

(ii) Request of M/s J. Matadee Eco Parks Pvt. Ltd. for change in the name to M/s J. Matadee Free Trade Zone Pvt. Ltd. After deliberations, the Board decided to approve the request of M/s. J. Matadee Eco Parks Pvt. Ltd. for change of name to “M/s. J. Matadee Free Trade Zone Private Limited”.

Item No. 37.8: Request for increasing / decreasing area (i) Request of M/s Flagship Infrastructure Pvt. Ltd. for de-notification of a portion of land in the notified sector specific SEZ for Electronic Hardware and Software including ITES SEZ at Village Hinjewadi, Tal. Mulshi, Dist. Pune, Maharashtra.

The Board noted that the SEZ was notified on 3rd October 2007 over an area of 11.7943 hectares. Subsequently, BoA granted approval for addition of land admeasuring 0.2201 hectares which is yet to be notified. In the present proposal the developer has requested for de-notification of portion of the non-processing area of the SEZ to the extent of 1.8818 hectares, thereby making the total area of the SEZ 10.1326 hectares. After deliberations, the Board decided to approve the request of M/s Flagship Infrastructure Pvt. Ltd. for de-notification of 1.8818 hectares of land from the above mentioned SEZ subject to contiguity being maintained and also subject to DC’s certificate that the developer has refunded the tax/duty benefits, if any, in respect of the land being de-notified which might have been availed under the SEZ Act/Rules.

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(ii) Request of M/s Divi’s Laboratories Ltd. for addition of area in the sector specific SEZ for Pharmaceuticals at Chippada village, Bhimili Mandal, Visakhapatnam, Andhra Pradesh

After deliberations, the Board decided to approve the request of M/s. Divi’s Laboratories Ltd. for increasing the area by adding 9.29 hectares to the already notified SEZ area of 105.496 hectares, thereby making the total area of the SEZ to 114.786 hectares.

(iii) Request of M/s Adarsh Prime Projects Pvt. Ltd. for de-notification of a portion of land in the notified IT/ITES SEZ at Bangalore, Karnataka.

After deliberations, the Board decided to approve the request of M/s Adarsh Prime Projects Pvt. Ltd. for de-notification of 6.435 hectares of land from the above mentioned SEZ, thereby making the total area of SEZ 21.475 hectares, subject to contiguity being maintained and also subject to DC’s certificate that the developer has refunded the tax/duty benefits, if any, in respect of the land being de-notified which might have been availed under the SEZ Act/Rules.

(iv) Request of M/s Infosys Technologies Limited for de-notification of a portion of land in the notified sector specific SEZ for IT/ITES at Hebbal Industrial area, Mysore, Karnataka

While considering the proposal the representative of CBDT indicated that it is preferable that the developer segregates the accounts including the benefits drawn in respect of the area proposed to be de-notified so that the recovery of dues becomes easier. After deliberations, the Board decided to approve the request of M/s Infosys Technologies Limited for de-notification of 3.15 hectares of land from the above mentioned SEZ, thereby making the total area of SEZ 22.30 hectares, subject to contiguity being maintained and also subject to DC’s certificate that the developer has refunded the tax/duty benefits, if any, in respect of the land being de-notified which might have been availed under the SEZ Act/Rules.

(v) Request of M/s Cessna Garden Developers Private Limited for de- notification of portion of land in the notified IT/ITES SEZ at village Kadubeesanahalli, Taluka Varthur Hobli, District Bangalore, Karnataka

After deliberations, the Board decided to approve the request of M/s Cessna Garden Developers Private Limited for de-notification of 0.807773279 hectares of land from the above mentioned SEZ thereby making the total area of SEZ 17.990668037 hectares, subject to contiguity being maintained and also subject to DC’s certificate that the developer has refunded the tax/duty benefits, if any, in respect of the land being de-notified which might have been availed under the SEZ Act/Rules.

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(vi) Request of M/s. Hyderabad Gems SEZ Limited for de-notification of a portion of land in the notified specific SEZ for Gems & Jewellery at Maheshwaram Mandal, Ranga Reddy District, Andhra Pradesh

After deliberations, the Board decided to approve the request of M/s Hyderabad Gems SEZ Limited for de-notification of 11.93 hectares (29.49 acres) of land from the above mentioned SEZ, thereby making the total area of SEZ 69 hectares, subject to contiguity being maintained and also subject to DC’s certificate that the developer has refunded the tax/duty benefits, if any, in respect of the land being de-notified which might have been availed under the SEZ Act/Rules.

(vii) Request of M/s. NSL SEZ (Chennai) Pvt. Ltd. for de-notification as well as addition of a portion of land in the notified specific SEZ for IT/ITES at Sholinganallur, Tambaram Taluk, Kancheepuram District, Tamil Nadu.

DC, MEPZ indicated that there are issues connected with the developer acquiring additional land including some RTI applications and hence, he is not in a position to make a clear recommendation. The Board accordingly, decided to defer the proposal.

(viii) Request of M/s. Sundew Properties Private Limited for de-notification of a portion of land in the notified specific SEZ for IT/ITES at Madhapur, Ranga Reddy District, Hyderabad, Andhra Pradesh

The Board noted that the request for de-notification has been withdrawn by the developer.

(ix) Request of M/s Biocon Limited for de-notification of a portion of land in the notified sector specific SEZ for Biotechnology at Bommasandra-Jigani Link Road Industrial Area, Anekal Taluk, Bangalore, Karnataka

After deliberations, the Board decided to approve the request of M/s Biocon Limited for de-notification of 0.56 hectares of land from the above mentioned SEZ thereby making the total area of SEZ 34.99 hectares, subject to contiguity being maintained and also subject to DC’s certificate that the developer has refunded the tax/duty benefits, if any, in respect of the land being de-notified which might have been availed under the SEZ Act/Rules.

Item No. 37.9: Withdrawal of approval

(i) Withdrawal of formal approval granted to M/s. Helios Constructions Pvt. Ltd. for sector specific SEZ for IT/ITES at Village Navlakhumbre, District Pune, Maharashtra

The Board noted that the developer has requested for withdrawal of the formal approval granted to him as there is a slump in the IT sector. Accordingly, the

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Board agreed for the withdrawal of formal approval granted to the developer, subject to DC’s certificate that the developer has refunded the tax/duty benefits, if any, which might have been availed under the SEZ Act/Rules.

Item No. 37.10: Request for de-notification

(i) Request of M/s. Essar SEZ Hazira Limited for de-notification of the notified sector specific SEZ for Engineering at Hazira, Gujarat

The Board noted that the developer has requested for de-notification of the SEZ as all the four units in the SEZ have decided to opt out of the SEZ. These units have been permitted to exit subject to all the conditions which include the refund of benefits under the SEZ Scheme. Hence it will be difficult for the SEZ to achieve the exports envisaged. The developer has also undertaken to refund all the benefits availed by them under the SEZ Scheme. The representative of the Department of Revenue indicated that there are substantive issues regarding refunds which require deliberations in their Department. Accordingly, they suggested that Department of Revenue would await report from their field formations before they could concur to the proposal. The Board after deliberations, decided that the Development Commissioner and the Revenue Authorities will carry out this exercise and the outcome can be placed before the Board for taking a decision regarding denotification.

(ii) Request of M/s. Royal Palms India Private Limited for de-notification of the notified sector specific SEZ for IT/ITES at Survey number 169, Aarrey Milk Colony, Goregaon (East) Mumbai, Maharashtra

After deliberations, the Board decided to approve the request of M/s. Royal Palms India Private Limited for de-notification of notified sector specific SEZ for IT/ITES sector at Survey number 169, Aarrey Milk Colony, Goregaon (East) subject to DC’s certificate that the developer has refunded all the tax/duty benefits availed of by the developer under the SEZ Act.

(iii) Request of M/s. SNP Infrastructure Private Limited for de-notification of the notified sector specific SEZ for IT/ITES at Zamin Pallavaram Village, Tambaram Taluk, Kancheepuram District, Tamil Nadu

The Board noted that the developer has withdrawn the request for de- notification.

Item No. 37.11: Grant of third extension of in-principle approval.

The Board considered the following 11 proposals and keeping in view the various difficulties expressed by the developers and also keeping in view that under the existing SEZ Rules, there is no provision for grant of third extension in respect of in-principle approvals, though there is a proposal for amending the rules which may take some time. After deliberations, the BoA decided to grant de novo approval

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from the date of expiry of the last extension subject to these developers filing Form ‘A’ and also getting the concerned State Government’s recommendations. The Board however indicated that henceforth the Board Secretariat will not bring these cases for consideration by the BoA and will process them at par with the first and the second in-principle approval extension cases after getting the Form ‘A’ filled in afresh and after obtaining the State Government’s recommendations.

S. No. Name of the Developer Sector and area of the SEZ Location of SEZ 1. M/s. Posco-India Private Limited Multi Product, over an area of 1620.496 hectares Jagatsinghpur District, Orissa 2. M/s. Quippo Infrastructure Equipment Ltd. Engineering sector over an area of 180 hectares Raigarh, Maharashtra 3. Indian Steel Corporation Ltd. Steel products, over an area of 108 Ha.
Bhuj District, Gujarat 4. Indiabulls Infrastructure Development Limited Multi Product, over an area of 2429 Ha. District Raigarh, Maharashtra 5. M/s. Greater Noida Integrated Warehousing Zone Pvt. Ltd. (GNIWPL) FTWZ over an area of 80 Ha. Greater Noida, Uttar Pradesh 6. M/s. Shreeaumji Developers SEZ Pvt. Ltd. Automotive sector over an area of 101 hectares Farukhnagar, Gurgaon, Haryana 7. M/s. Chhattisgarh Infrastructure Development Corporation
Gems & Jewellery, over an area of 29 Ha.
Raipur, Chhattisgarh 8. M/s. Rockman Projects Limited
Textile, over an area of 100 Ha.
Ludhiana, Punjab 9. M/s. Nanded Gems SEZ Limited Gems & Jewellery, over an area of 50 Ha. Nanded, Maharashtra 10. Gandhi City for Advanced Research and Development Limited Services sector, over an area of 404.6873 Ha. Ramangaram Taluk, Bangalore rural District, Karnataka 11 Reliance Haryana SEZ Ltd. (RHSL) Multi product over an area of 5000 Ha. Gurgaon, Haryana

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Item No. 37.12: Request for 1st extension of the validity period of in-principle approval

(i) Request of M/s. Nagpur Multi Product SEZ Limited for extension of the validity of in-principle approval of the multi product SEZ at Nagpur, Maharashtra over an area of 1000 hectares.

(ii) Request of M/s. Aurangabad Gems SEZ Limited for extension of the validity of in-principle approval of the sector specific SEZ for Gems & Jewellery at Aurangabad, Maharashtra over an area of 102 hectares.

The Board noted that in both the above cases, the requests for first extension of the in-principle approval were received after the expiry of the validity of the LoA. Accordingly, the Board decided to accord extensions as requested for by the developers.

Item No. 37.13: Request for additional gates

(i) Request of M/s. Orissa Industrial Infrastructure Development Corporation for approval of one additional Gate in the sector specific SEZ for IT at Bhubaneswar, Orissa

The Board noted that even when the SEZ was approved it was clearly known that there is a golf course in the non-processing area which divides the processing area into two segments. While one segment has a gate, in respect of the second segment, the request is for having a second gate. After deliberations, the Board directed DC FSEZ to inspect the SEZ and make a report for the consideration of the Board regarding provision of an additional gate which can be considered.

Item No. 37.14: Withdrawal of recommendation of BoA for grant of formal approval to M/s. Man Industries (India) Ltd. for setting up sector specific SEZ for IT/ITES at Bada Bangarda, Indore, Madhya Pradesh over an area of 20 hectares

The Board noted that the developer has failed to acquire even the minimum required land for the sector specific SEZ. Further even the proposed land for acquisition appears to be disputed. In view of these the Board decided to withdraw the formal approval granted to M/s. Man Industries (India) Ltd.

Item No. 37.15: Withdrawal of recommendation of BoA for grant of formal approval to M/s. Jafza Chennai Business Parks Private Ltd. for setting up FTWZ at Vallur Village, Ponneri Taluka, Tirvallur District, Tamil Nadu over an area of 136.38 hectares

The Board noted that the developer was given a formal approval on
19th October 2007 under the notion that the land to the tune of 136 acres was in possession of the developer. However, while seeking more specific information, the developer indicated that they had acquired only 23 acres and the balance land was

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being acquired. The Government of Tamil Nadu also could not provide a clear status of land in possession of the developer. The developer made a plea to the Board that they have already acquired substantial amount of land. The Board, thereafter, decided to defer the decision regarding withdrawal of formal approval granted to the developer and indicated that the developer must complete the land procurement process within 3 months failing which the approval granted to him will be withdrawn.

Item No. 37.16: Proposals from Kerala regarding for setting up of SEZ

The Board noted that a reply to a Lok Sabha Unstarred Question No. 2103 regarding SEZs in Kerala was treated as an assurance by the Ministry of Parliamentary Affairs as 15 proposals for SEZs in Kerala are pending due to non receipt of requisite clarification/documents/State Government Recommendations. Hence it was decided to take a view that only those cases be treated as pending which are complete in all respect and on which no clarification/documents is required either from developer are from the State Government and not to treat those cases as pending in which some clarification/documents etc. is required from the developer or the State Government. Such a stand will help fulfill the assurance. The Board agreed with this proposition.

Item No. 37.17: Complaints regarding cancellation of plots by Surat SEZ.

The Board noted that these cases will have to be resolved by the Unit Approval Committee keeping in view the Courts decisions and other relevant inputs.

Item No. 36.18: Request of Mishra Dhatu Nigam Limited (MIDHANI) a defence PSU in DTA for payment to M/s. SE Forge Ltd., an SEZ unit, in Indian Rupees, for the job work undertaken by the unit for MIDHANI

It was agreed that a proposal in this regard would be made out by Department of Commerce in consultation with Department of Revenue.

Item No. 37.19: Requests for extension of validity of LoP

(i) Request of M/s. Pooja Scrap Industries, a unit in VSEZ for extension of validity of LoP

The Board, keeping in view the background of the unit, approved the extension of the LoP for a further period of five years from 31.8.2009. The Board also recommended that the unit must commence physical exports in a phased manner.

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(ii) Request Kandla Special Economic Zone for renewal of validity of LoP of M/s. Flax Apparels Pvt. Ltd., a unit in KASEZ

The Board noted that while renewing the LoP DC KASEZ had approved all items except the item regarding re-processing of old and used garments which are covered under Rules 18(4) of the SEZ Rules 2006. Further the BoA had approved and granted renewal of LoP of all the worn cloth/used cloth units in KASEZ for five years in 2008. However, this unit was not included in that list as it had not cleared the rental dues. Subsequently, the unit has cleared the rental dues and DC has now recommended the case for renewal. The Board accordingly approved the renewal of LoP of M/s. Flax Apparels Pvt. Ltd.

Item No. 37.20: Applicability of guidelines for power generation, transmission and distribution to Developers/Co-developers, approved before issue of power guidelines.

The representative of Department of Revenue indicated that after the coming into force of the power guidelines, which apply retrospectively, the power plants can be only in the processing area as units. In case, the two applicants namely M/s. Reliance Utilities Pvt. Ltd. and M/s. Adani Power Ltd. are permitted to continue as co-developers in the processing area, the other power facilities which are being asked to setup units in the processing area will be at a disadvantage. Hence it may be preferable to revisit the power guidelines so that there can be uniformity of policy application. The Board thereafter decided that it is necessary to revisit the power guidelines, in consultation with the Ministry of Law, to (a) correctly interpret Section 6 of the SEZ Act, (b) the applicability of NFE keeping in view that power is non tradable (c) the tax liability of power utilities.

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