Agenda of 35th BOA meeting 11th August, 2009
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Agenda for the 35th meeting of the Board of Approval
to be held on 11th August 2009
Item No. 35.1: Delegation of powers to a sub-committee of BOA for considering matters such as authorised activities etc.
Delegation of powers to a sub-committee of BOA for considering matters such
as authorised activities etc. was discussed in the meeting of BoA held on 19th June
2009 and was deferred on the request of Department of Revenue as they have
indicated that they could not examine the proposal as the time given was very short.
The Board decided that this issue could be considered in a meeting to be convened
by Department of Commerce. The matter will now be discussed with DoR on
04.08.2009. The outcome of the discussions along with suggestions of other members
will be considered by the BoA in the meeting.
Item No. 35. 2: Proposed additions in the list of authorized operations
The issue relating to authorized operations in the notified SEZs was discussed in the meeting of the Board of Approval held on 22nd June 2007. At that time, it was felt that a time gap exists between the date of notification and actual approval of the authorized operations by the Board of Approval. Accordingly, to avoid delays in the project implementation, the authorized activities, as per the list enclosed at Annexure – 1, were approved by the Board of Approval in the said meeting as default operations which may be carried out by the Developer or Co-Developer, as the case may be, after the SEZ is notified.
Development Commissioners/ Unit Approval Committee were advised to allow the Developers/approved Co-Developers duty free material for these default authorized activities from the date of notification of the SEZ.
It is further felt that some more authorized activities may be added in the list of default operations as mentioned above. The additions in the earlier list are highlighted in bold and italics and are placed at Annexure – 2 for consideration of BoA.
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Item No. 35.3: Introduction of new category in the already approved categories in respect of “Transfer of In-principle or Formal approval issued to a SEZ Developer to its subsidiary or SPV”.
The Board, in its meeting held on 15-01-2009, approved certain guidelines for change of name/transfer of approvals in the following categories:-
(i) Category I – Where there is mere change in name and no change in share holding pattern of the original developer.
(ii) Category II – Where approval is transferred to a 100% SPV or a wholly owned subsidiary (WOS) of the developer company,
(iii) Category III- De-merger in terms of a Court decision in respect of M/s. Bajaj Holdings Pvt. Ltd.
(iv) Category IV- Where partly the equity is held by State Government or one of its organisations by virtue of the State Government’s requirement
BOA further indicated that these guidelines will be valid henceforth with respect to change of name/ transfer of approval cases.
It was further decided that in regard to the rest of the cases the Department of Commerce would separately examine the matter in consultation with the Department of Revenue and come up with separate policy guidelines.
DoC has suggested one more new category, which is reproduced as below:-
(v) Category V- Where at least 51% equity is held by the original developer, i.e., where the controlling interest of the original developer continue to be there.
The above proposed category is submitted for consideration of BoA.
Item No. 35. 4: Approval of authorized operations in processing area of the SEZ
BoA can delegate its powers to Development Commissioner for effective and proper discharge of the functions of the Board under sub-section (4) of section 9 of the SEZ Act. It is proposed to delegate the powers of Board under clause (b) sub- section (2) of section 9 of the SEZ Act in respect of operations in the processing area of Special Economic Zones to the Development Commissioners to be exercised in consultation with the Approval Committee. Once BoA approves it, relevant Rule will be amended suitably. The matter is placed for consideration of BoA.
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Item No. 35.5: Applicability of Guidelines for Power Generation, Transmission and Distribution in Special Economic Zones
Guidelines for Power Generation, Transmission and Distribution in Special Economic Zones were issued by Department of Commerce on 27th February 2009. There are a few cases where approval has already been granted to the developers/co-developers for Power Generation and Distribution in the processing area as one of the authorized operations for their SEZs.
Two such cases are enumerated below:-
(i) M/s. Moser Baer India Limited (MBIL) was granted approval for Power Generation and Distribution in the processing area as one of the authorized operations for their SEZs. Accordingly, MBIL has set up a power plant of 15 MW capacity in the processing area of the SEZ in the year 2008 and has started generating power from June 2008 by procuring duty free raw materials, consumables etc. for operation and maintenance of the Power plants as authorized operation. Power generated is distributed to SEZ units set up within the SEZ. Since the SEZ units have not started full-fledged production and exports on account of recession, the present requirement of power is only around 5 to 6 MW. Hence, MBIL is transferring surplus power (based on the approval given by the NSEZ) to the adjacent EOU unit of MBIL which manufactures and sells optical medical products. MBIL has applied to DC NSEZ for fresh permission for transfer of power to its adjacent EOUs as the permission already granted expired on 26th June 2009. They have also applied for permission to procure duty free furnace oil for generation of power as authorized operation. They have sought following clarifications:-
a. Applicability of power guidelines issued by Department of Commerce on 27th February 2009 to MBIL power plant which has been set up in the processing area of the SEZ as a part of “authorized operations”. b. If yes, rules/guidance on computation of NFE for the power plant as a unit including treatment of past purchases of capital items, inputs consumables. c. Issue of suitable instructions to the extent that until the unit is granted the LOA on duty benefits to be denied on the consumables, inputs etc. for the power plant.
(ii) M/s. Reliance Utilities Ltd. (RUL) is an approved co-developer in Reliance SEZ, Jamnagar to set up a co-generation power plant in the processing area of the SEZ to generate and distribute power. M/s. RUL has set up 720 MW power plant in the processing area of the SEZ after availing all the fiscal benefits available under SEZ Act. M/s. RUL has already started production in the co-generation power plant. This has been done prior to the issuance of power guidelines. It is also not covered under any of the categories in the present Power Guidelines.
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DC, KASEZ is of the opinion that in case, it is categorized as category (i) of power guidelines, to be located in non-processing area, it would not be feasible as the unit is already set up, declaring this area to be a non-processing area would affect the compactness/contiguity of the whole processing area or in case of “category (ii) of power guidelines, a unit set up within SEZ” similar to cases of IT/ITES, Gem and Jewellery, Biotech, etc. in respect of which generation of power has already been approved by the BoA to developer/co-developer and the said power plant may be treated as an SEZ unit with obligation to achieve NFE under Rule 53 of SEZ Rules, 2006.
If the above position is accepted then following issues also requires to be clarified:-
(a) Whether developer/co-developer is required to be issued an LoA under rule 17? (b) If so, what would the date of such LoA. (c) Validity of such LoA would be five years from the date of start of generation of power.
The matter is placed before BoA for deliberation and for taking a view
Item No. 35.6: Proposals for setting up of SEZs
S.
No
Name of the
Developer
Location
State
code
Sector
Area
(in ha)
Land
Posse
ssion
State
Govt
Recomm
endation
Status of application i. Lanco Solar Pvt. Ltd.
Village
Ramdaspur,
Cuttack
District, Orissa
OR
Solar
101.17
No
Yes, for in-
principle
approval
Deferred
in
23.02.09
BoA
due
to
non
receipt of SGR
ii.
Cochin
International
Airport Ltd.
Angamali
villages,
Ernakulam,
Kerala
KL
Airport Based
SEZ
100
Yes
Yes
New
iii.
Deccan
Infrastructure &
Land Holdings
Limited
(DILHL)
Bachupally
Village, R.R.
District,
Andhra
Pradesh
AP
IT/ITES
12.14
Yes
Yes
Deferred in
8.12.08 BoA
iv.
Deccan
Infrastructure &
Land Holdings
Limited
(DILHL)
Medak
District,
Andhra
Pradesh
AP
IT/ITES
35.95
Yes
Yes
Deferred in
8.12.08 BoA
v.
Brooke Bond
Real Estates
Private Limited
Bangalore,
Karnataka
KN
IT/ITES/BPO
/EH
11.39
Yes
Yes
New
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Item No. 35. 7:
Requests for co-developers
(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 said SEZ was notified on an area of 10.49 hectares on 10th July 2007 at
Coimbatore, Tamil Nadu. M/s. Rathinam Arumugam Research and Educational
Foundation (RARE) have submitted a proposal to develop and maintain residential,
Educational, Healthcare and Entertainment facility in 4.10 ha of the said SEZ. An
Agreement between the developer and co-developer has been provided. The
proposal was listed in the meeting of BoA held on 23-2-09. The same was deferred as
a commercial agreement referred to in the agreement was not finalized. The co-
developer submitted the revised co-developer agreement dated 6th May 2009 and an
addendum to the co-developer agreement made on 1st June 2009. The proposal was
again listed in the meeting of BoA held on 2nd June 2009 and was deferred on the
request of the representative of DoR as they required some more time to study the
proposal. The request of the co-developer is re-submitted for consideration of BoA.
(ii)
Request of M/s. Sapthagiri Hospitality Private Limited (SHPL) for co-
developer in the multi product SEZ at Bharuch, Gujarat developed by M/s. Dahej
SEZ Limited.
Multi product SEZ at Bharuch, Gujarat by M/s. Dahej SEZ Limited was notified on 20th December 2006 over an area of 1718-93-87 Ha. M/s. Sapthagiri Hospitality Private Limited (SHPL) has submitted a proposal for co-developer for establishing a hospitality project in the said SEZ and to provide services in the hospitality sector to the units/residents/other establishment in the SEZ over 4 hectares of land. The co-developer will develop, operate and maintain the complete infrastructure facilities for the hospitality unit and to carry out authorized operations related to the said hospitality infrastructure project. A co-developer agreement dated 7th March 2009 between the developer and co-developer has been provided. The request of the co-developer is submitted for consideration.
(iii) Request of M/s. Dahej Hospitality Private Limited (DHPL) for co-developer in the multi product SEZ at Bharuch, Gujarat developed by M/s. Dahej SEZ Limited.
Multi product SEZ at Bharuch, Gujarat by M/s. Dahej SEZ Limited was notified on 20th December 2006 over an area of 1718-93-87 Ha. M/s. Dahej Hospitality Private Limited (DHPL) has submitted a proposal for co-developer for establishing a hospitality project in the said SEZ and provides services in the hospitality sector to the units/residents/other establishment in the SEZ over 8 hectares of land. The co-developer will develop, operate, manage and maintain the hospitality project in the said SEZ and maintain the hospitality project in the SEZ and provide services in the hospitality sector to the units/residents/other establishments in the SEZ. A co-developer agreement dated 19th March 2009 between the developer and co-developer has been provided. The request of the co-developer is submitted for consideration.
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(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
IT/ITES SEZ at DLF City, Gurgaon, Haryana developed by M/s. DLF Cyber City Developer Limited was notified on 13th April 2007 on an area of 10.73 hectares. M/s. DLF Utilities Limited has submitted a proposal for co-developer in the said SEZ for setting up of co-generation plant to install and commission gas turbine based power generating sets. An agreement dated 16th April 2008 between the developer and co- developer was provided. The proposal was listed in the meeting of 4th June 2008. The same was deferred on the request of State Government. This was again listed in the meeting of BoA held on 23rd February 2009 and was deferred as 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. The other three proposals of M/s. DLF Utilities Limited for co-developer in the IT/ITES SEZ at Andhra Pradesh, Tamil Nadu and Silokhera, Gurgaon, Haryana developed by M/s. DLF Cyber City Developers Limited have been approved by BoA in its meeting held on 4th June 2008. The co-developer has requested for consideration of their fourth proposal of co-developer which is identical to earlier three approved proposals of co-developer. The proposal of the co- developer is submitted for re-consideration of the Board of Approval.
(v) 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).
The above mentioned SEZ was notified on 29.05.2007 on an area of 1511.51 hectares. Subsequently, an additional area of 66.90 hectares was notified, thereby making the total area of the SEZ as 1578.41 hectares. M/s. Mahindra Bebanco Developers Limited (MBDL) has submitted a proposal for co-developer in the aforesaid SEZ for developing a residential township on an area of 10.2 hectares (25.252 acres) in the non-processing area and erecting therein building units together with all necessary infrastructures. Co-development agreement dated 27th August 2008 between the developer and co-developer has been provided. The request of the co-developer is submitted for consideration of BoA.
(vi) Request of M/s. Ixora Constructions Pvt. Limited for co-developer in the multi services SEZ at Panvel, Maharashtra, developed by M/s. Sunny Vista Realtors Pvt. Limited.
Sector specific SEZ for Services SEZ at Raigad, Maharashtra developed by M/s. Sunny Vista Realtors Pvt. Ltd. notified on 19th February 2009 over an area of 139.83 hectares. M/s. Ixora Constructions Pvt. Limited has submitted a proposal for co-developer in the aforesaid SEZ for providing the power distribution infrastructure. Co-development agreement dated 25th June 2009 between the developer and co-developer has been provided. The request of the co-developer is submitted for consideration of BoA.
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(vii) Request of M/s. Great Indian Linen and Infrastructure Co. Pvt. Limited for co-developer in the Textile SEZ at Uthukuli, Perundurai District, Tamil Nadu by M/s. ETL Infrastructure Services Limited
Textile SEZ at Uthukuli, Perundurai District, Tamil Nadu by M/s. ETL Infrastructure Services Limited was notified on an area of 103.64.57 hectares, on 9th June 2008. M/s. Great Indian Linen and Infrastructure Co. Pvt. Limited had submitted a proposal for co-developer in the said SEZ. The proposal was deferred in the meetings of the BoA held on 22-09-2008 and 15.01.2009 as the co-developer agreement provided between the developer and co-developer was not very clear. The co-developer again submitted a revised co-development agreement and the same was considered by BoA in its meeting held on 2nd June 2009. The minutes of the meeting are reproduced below:
“The Representative of Department of Revenue pointed out that the co- developer agreement submitted initially did not contain a clause regarding consideration. While the co-developer has modified the agreement by way of incorporation of an appropriate clause, it has been noted that the date of the agreement has remained the same, i.e, 24th March 2008. It was also seen that the same date has been maintained even when the agreement has been modified a couple of times. The representative of the Department of Revenue wanted to be sure that non-changing of the date does not have any legal implications. The representative of Ministry of Law was of the opinion that there may not be any objection to it provided there is a clause in the original agreement that the further amendments will also be with effect from the original date of the agreement. It was decided to defer the item and request the developer to submit a fresh amended agreement.”
Now the co-developer has submitted that the original agreement was entered into on 24th March 2008 and the addendum on 23rd June 2009. The addendum refers to the original agreement dated 24th March 2008 and the same forms part of the original agreement. In view of this, the co-developer has requested for grant of approval to their proposal of co-developer. The request of the co-developer is submitted for re-consideration.
(viii) 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
M/s. Hind Terminals (Mundra) Private Limited submitted a request for co- developer status in the aforesaid SEZ, for providing infrastructure facilities on an area of 16.19 hectares. A Co-developer Agreement dated 29th February, 2008 and addendum dated 10th November 2008 between the developer and co-developer have been provided. The proposal was considered in the meeting of BoA held on 23rd February 2009. The minutes of the meeting are reproduced below:
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“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.”
Fresh notification of the merged SEZ has been done on 27th May 2009. The co- developer has given a brief on the requirement of additional CFS which may be seen at Annexure - 3. A report on the requirement of additional CFS has been called for from DC, Mundra. The request of the co-developer is submitted for re-consideration.
(ix) Request of M/s. Adhishtan Investments India Pvt. Ltd. for co-developer in the Textile SEZ at Atchutapuram Mandal, Vishakapatnam District, Andhra Pradesh, developed by M/s. Brandix India Apparel City (Private) Limited
Sector specific SEZ for Textile sector at Atchutapuram Mandal, Vishakapatnam District, Andhra Pradesh developed by M/s. Brandix India Apparel City (Private) Limited was notified on 10th April 2007 over an area of 404.7 hectares. M/s. Adhisthan Investments India Pvt. Ltd. has submitted a proposal for co- developer in the aforesaid SEZ for construction and sub-leasing of residential housing together with the construction and management of recreational facilities. Authorization Agreement dated 9th July 2009 between the developer and co- developer for co-development of 99.62 hectares of land in the non-processing area of the said SEZ has been provided. The request of the co-developer is submitted for consideration of BoA.
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Item No. 35.8: Requests for Authorized Operations
(i) Request of M/s. Navi Mumbai SEZ Private Limited for authorized operations in the IT/ITES-A SEZ at Ulwe, Navi Mumbai
Sector specific SEZ for IT/ITES-A at Ulwe, Navi Mumbai by M/s. Navi Mumbai SEZ Private Limited was notified on 27.05.2008 over an area of 21.13 hectares. The developer has requested for the following authorized operations:-
S.
No.
Authorised Operations
Processing
area
(qty in sq.
mtr. / nos.)
Non
processing
area
(qty in sq. mtr.
/ nos.)
1
Transport Infrastructure
A
Truck Terminal
2500 Sq. Mtr.
B Bus Shelters, Bus Terminal & Work Shop 500 Sq. Mtr. 500 Sq. Mtr. C Parking facilities (Open & Multi storied, manual or automated) 2000 Sq. Mtr. 2000 Sq. Mtr. D Custom Gate Complex (beyond 500 sqm) 1000 Sq. Mtr.
E Helipad - 1 no.
15000 Sq. Mtr.
F
Material Vehicle in/Out Ticketing system
1 No.
1 No.
G
Vehicle Decision Systems and Traffic
Management System- Software &
Hardware
1 No.
1 No.
2
A
Power Generation And Districution
System:
DG Power Genset / Back-up / UPS
20 MW
10MW
3
A
Fuel Systems:
Fuel Stations including Storage and
distribution of liquid and gaseous fuels for
captive consumption
(each Fuel station having area of 2500 sq.m)
1 No. 4 Buildings, Office And Other Related Facilities A Logistics Center comprising: Truck parking Material storage and Warehouses Material handling systems Loading/unloading facilities Weighing and volume metering facilities Warehouse, Laboratory, Carpentry, Fabrication etc. workshops 15000 Sq. Mtr.
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B Workers/labour housing with social/sanitation facilities
8000 Sq. Mtr. C Business/Convention/Exhibition Centre
25000 Sq. Mtr D R & D / Training Facilities 4000 Sq. Mtr.
E
Public convenience facilities such as public
toilets, Telephone booth, Internet Cafe etc.
300 Sq. Mtr.
200 Sq. Mtr.
F
Skywalks
1300 Sq. Mtr.
1200 Sq. Mtr.
G
Police Station / Police Posts
500 Sq. Mtr. H Post, Telegraph offices
500 Sq. Mtr. I Banks / ATMs
500 Sq. Mtr. J Telephone booth, Internet Cafe etc.
500 Sq. Mtr. K Food services such as cafeteria, food courts, restaurants, coffee shops, canteens, catering facilities
2500 Sq. Mtr. 5 Security, Safety Systems, Access control and Monitoring system A Security Towers and Network, Surveillance, Intelligent Access Control, Automated Security Management 105600 Sq. Mtr. 105600 Sq. Mtr. B Speed Monitoring and Control- Software and Hardware
3 NOS.
3 NOS. C Access Control Management 1 No. 1 No. D Surveillance and detection system 1 No. 1 No. 6 A Common Data Center with Internet Connectivity: Internet Data Center - (includes Civil, IT Hardware, Software etc. items to provide Data Center services) 12043 Sq. Mtr. 12043 Sq. Mtr.
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(ii) Request of M/s. Navi Mumbai SEZ Private Limited for authorized operations in the IT/ITES-B SEZ at Ulwe, Navi Mumbai
Sector specific SEZ for IT/ITES-B at Ulwe, Navi Mumbai by M/s. Navi Mumbai SEZ Private Limited was notified on 08.05.2008 over an area of 38.28 hectares. The developer has requested for the following authorized operations
S.
No.
Authorised Operations
Processing
area
(qty in sq.
mtr. / nos.)
Non
processing
area
(qty in sq. mtr.
/ nos.)
1
Transport Infrastructure
A Truck Terminal
2500 Sq. Mtr.
1500 Sq. Mtr.
B
Bus Shelters, Bus Terminal & Work Shop
900 Sq. Mtr.
600 Sq. Mtr.
C Parking facilities (Open & Multi storied,
manual or automated)
3500 Sq. Mtr.
2500 Sq. Mtr.
D Custom Gate Complex (beyond 500 sqm)
1500 Sq. Mtr.
E Helipad - 1 no.
15000 Sq. Mtr.
F
Material Vehicle in/Out Ticketing system
1 No.
1 No.
G Vehicle Decision Systems and Traffic
Management System- Software & Hardware
1 No.
1 No.
2
A Power Generation And Distribution System:
DG Power Genset / Back-up / UPS
30 MW
20MW
3
A Fuel Systems:
Fuel Stations including Storage and
distribution of liquid and gaseous fuels for
captive consumption
(each Fuel station having area of 2500 sq.m)
1 No. 4 Buildings, Office And Other Related Facilities A Logistics Center comprising: Truck parking Material storage and Warehouses Material handling systems Loading/unloading facilities Weighing and volume metering facilities Warehouse, Laboratory, Carpentry, Fabrication etc. workshops 30000 Sq. Mtr.
B Workers/labour housing with social/sanitation facilities
10000 Sq. Mtr.
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C Security office and posts at entry/exit and other points within and along the periphery of the site 1000 Sq. Mtr. 1000 Sq. Mtr. D Business/Convention/Exhibition Centre
30000 Sq. Mtr. E R & D / Training Facilities 8000 Sq. Mtr.
F Public convenience facilities such as public toilets, Telephone booth, Internet Cafe etc. 600 Sq. Mtr. 400 Sq. Mtr. G Skywalks 2600 Sq. Mtr. 2400 Sq. Mtr. H Police Station / Police Posts
1000 Sq. Mtr. I Post, Telegraph offices
1000 Sq. Mtr. J Banks / ATMs
1000 Sq. Mtr. K Telephone booth, Internet Cafe etc.
1000 Sq. Mtr. L Food services such as cafeteria, food courts, restaurants, coffee shops, canteens, catering facilities
5000 Sq. Mtr. 5 Security, Safety Systems, Access control and Monitoring system A Security Towers and Network, Surveillance, Intelligent Access Control, Automated Security Management 200150 Sq. Mtr. 182650 Sq. Mtr. B Speed Monitoring and Control- Software and Hardware 3 NOS. 3 NOS. C Access Control Management 1 No. 1 No. D Surveillance and detection system 1 No. 1 No. 6 A Common Data Center with Internet Connectivity: Internet Data Center - (includes Civil, IT Hardware, Software etc. items to provide Data Center services) 22816 Sq. ft 20821 sq. ft.
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(iii) Request of M/s. Navi Mumbai SEZ Private Limited for authorized operations in the IT/ITES-C SEZ at Ulwe, Navi Mumbai
Sector specific SEZ for IT/ITES-C at Ulwe, Navi Mumbai by M/s. Navi Mumbai SEZ Private Limited was notified on 12.03.2009 over an area of 10.77 hectares. The developer has requested for the following authorized operations.
S. No. Authorised Operations Processing area (qty in sq. mtr. / nos.) Non processing area (qty in sq. mtr. / nos.) 1 Transport Infrastructure A Truck Terminal 1250 Sq. Mtr. 750 Sq. Mtr. B Bus Shelters, Bus Terminal & Work Shop 350 Sq. Mtr. 250 Sq. Mtr. C Parking facilities (Open & Multi storied, manual or automated) 1200 Sq. Mtr. 800 Sq. Mtr. D Custom Gate Complex (beyond 500 sqm) 1000 Sq. Mtr.
E Helipad - 1 no.
15000 Sq. Mtr.
F
Material Vehicle in/Out Ticketing system
1 No.
1 No.
G Vehicle Decision Systems and Traffic
Management System- Software &
Hardware
1 No.
1 No.
2
A Power Generation And Distribution
System:
DG Power Genset / Back-up / UPS
20 MW
10 MW
3
A Fuel Systems:
Fuel Stations including Storage and
distribution of liquid and gaseous fuels
for captive consumption
(each Fuel station having area of 2500
sq.m)
1 No. 4 Buildings, Office And Other Related Facilities A Logistics Center comprising: Truck parking Material storage and Warehouses Material handling systems Loading/unloading facilities Weighing and volume metering facilities Warehouse, Laboratory, Carpentry, Fabrication etc. workshops 8000 Sq. Mtr.
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B Workers/labour housing with social/sanitation facilities
4000 Sq. Mtr. C Security office and posts at entry/exit and other points within and along the periphery of the site 300 Sq. Mtr. 200 Sq. Mtr. D Business/Convention/Exhibition Centre
10000 Sq. Mtr. E R & D / Training Facilities 2000 Sq. Mtr.
F Public convenience facilities such as public toilets, Telephone booth, Internet Cafe etc. 150 Sq. Mtr. 100 Sq. Mtr. G Skywalks 900 Sq. Mtr. 400 Sq. Mtr. H Police Station / Police Posts
300 Sq. Mtr. I Post, Telegraph offices
300 Sq. Mtr. J Banks / ATMs
300 Sq. Mtr. K Telephone booth, Internet Cafe etc.
300 Sq. Mtr. L Food services such as cafeteria, food courts, restaurants, coffee shops, canteens, catering facilities
1200 Sq. Mtr. 5 Security, Safety Systems, Access control and Monitoring system A Security Towers and Network, Surveillance, Intelligent Access Control, Automated Security Management 60200 Sq. Mtr. 47500 Sq. Mtr. B Speed Monitoring and Control- Software and Hardware 3 NOS. 3 NOS. C Access Control Management 1 No. 1 No. D Surveillance and detection system 1 No. 1 No. 6 A Common Data Center with Internet Connectivity: Internet Data Center - (includes Civil, IT Hardware, Software etc. items to provide Data Center services) 6862 Sq. Mtr. 5415 Sq. Mtr.
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(iv) Request of M/s. Navi Mumbai SEZ Private Limited for authorized operations in the IT/ITES SEZ-A at Kalamboli, Navi Mumbai
Sector specific SEZ for IT/ITES at Kalamboli, Navi Mumbai by M/s. Navi Mumbai SEZ Private Limited was notified on 11.08.2008 over an area of 103.0727 hectares. Subsequently, 30.5488 hectares was notified on 19.05.2009 as an additional area. The developer has requested for the following authorized operations:-
S.
No.
Authorised Operations
Processing
area
(qty in sq. mtr.
/ nos.)
Non
processing
area
(qty in sq. mtr.
/ nos.)
1
Transport Infrastructure
A
Truck Terminal
9000 Sq. Mtr.
1000 Sq. Mtr.
B
Bus Shelters, Bus Terminal & Work Shop
11500 Sq. Mtr.
3500 Sq. Mtr.
C
Parking facilities (Open & Multi storied,
manual or automated)
60000 Sq. Mtr.
20000 Sq. Mtr.
D
Custom Gate Complex (beyond 500 sqm)
3000 Sq. Mtr.
E Helipad - 1 no.
15000 Sq. Mtr. F Material Vehicle in/Out Ticketing system 1 No. 1 No. G Vehicle Decision Systems and Traffic Management System- Software & Hardware 4 No. 1 No. 2 Effluent/ Waste Water Management System A Recycle Ground Water Tank
10000 Cum
B
Pumping Stations for Recycled ground water
1 No.
2 No.
C
Pumping stations for above pump house &
disposal pipe lines
1 No.
2 No.
3
A
Power Generation And Distribution System:
DG Power Genset / Back-up / UPS
50 MW
10 MW
4
A
Fuel Systems:
Fuel Stations including Storage and
distribution of liquid and gaseous fuels for
captive consumption
(each Fuel station having area of 2500 sq.m)
3 No. 5 Buildings, Office And Other Related Facilities
16
A Logistics Center comprising: Truck parking Material storage and Warehouses Material handling systems Loading/unloading facilities Weighing and volume metering facilities Warehouse, Laboratory, Carpentry, Fabrication etc. workshops 75000 Sq. Mtr.
B Workers/labour housing with social/sanitation facilities 16000 Sq. Mtr. 4000 Sq. Mtr. C Security office and posts at entry/exit and other points within and along the periphery of the site 1600 Sq. Mtr. 400 Sq. Mtr. D Business/Convention/Exhibition Centre 50000 Sq. Mtr.
E R & D / Training Facilities 15000 Sq. Mtr.
F Public convenience facilities such as public toilets, Telephone booth, Internet Cafe etc. 1500 Sq. Mtr. 500 Sq. Mtr. G Skywalks 37500 Sq. Mtr. 12500 Sq. Mtr. H Police Station / Police Posts 1500 Sq. Mtr. 1500 Sq. Mtr. I Post, Telegraph offices
5000 Sq. Mtr. J Banks / ATMs 1500 Sq. Mtr. 1000 Sq. Mtr. K Telephone booth, Internet Cafe etc. 1000 Sq. Mtr. 1000 Sq. Mtr. l Food services such as cafeteria, food courts, restaurants, coffee shops, canteens, catering facilities 7500 Sq. Mtr. 2500 Sq. Mtr. 6 Security, Safety Systems, Access control and Monitoring system A Security Towers and Network, Surveillance, Intelligent Access Control, Automated Security Management 1010000 Sq. Mtr. 326200 Sq. Mtr. B Speed Monitoring and Control- Software and Hardware 14 No. 3 No. C Access Control Management 1 No. 1 No. D Surveillance and detection system 1 No. 1 No. 7 A Common Data Center with Internet Connectivity: Internet Data Center - (includes Civil, IT Hardware, Software etc. items to provide Data Center services) 74500 Sq. ft.
17
(v) Request of M/s. Navi Mumbai SEZ Private Limited for authorized operations in the Multi Services SEZ at Kalamboli, Navi Mumbai
Sector specific SEZ for Multi Services at Kalamboli, Navi Mumbai by M/s. Navi Mumbai SEZ Private Limited was notified on 28.08.2008 over an area of 176.7080 hectares. The developer has requested for the following authorized operations:-
S. No. Authorised Operations Processing area (qty in sq. mtr. / nos.) Non processing area (qty in sq. mtr. / nos.) 1 Transport Infrastructure A Truck Terminal 10000 Sq. Mtr.
B Bus Shelters, Bus Terminal & Work Shop 10000 Sq. Mtr. 5000 Sq. Mtr. C Parking facilities (Open & Multi storied, manual or automated) 60000 Sq. Mtr. 20000 Sq. Mtr. D Custom Gate Complex (beyond 500 sqm) 3000 Sq. Mtr.
E Helipad - 1 no.
15000 Sq. Mtr.
F
Material Vehicle in/Out Ticketing system
1 No.
1 No.
G
Vehicle Decision Systems and Traffic
Management System- Software & Hardware
3 No.
2 No.
2
A
Power Generation &Distribution System:
DG Power Genset / Back-up / UPS
50 MW
10 MW
3
A
Fuel Systems:
Fuel Stations including Storage and
distribution of liquid and gaseous fuels for
captive consumption
(each Fuel station having area of 2500 sq.m)
3 No. 4 Buildings, Office And Other Related Facilities A Logistics Center comprising: Truck parking Material storage and Warehouses Material handling systems Loading/unloading facilities Weighing and volume metering facilities Warehouse, Laboratory, Carpentry, Fabrication etc. workshops 75000 Sq. Mtr.
B Workers/labour housing with social/sanitation facilities 16000 Sq. Mtr. 4000 Sq. Mtr. C Security office and posts at entry/exit and other points within and along the periphery of the site 1700 Sq. Mtr. 300 Sq. Mtr.
18
D Business/Convention/Exhibition Centre 50000 Sq. Mtr.
E R & D / Training Facilities 15000 Sq. Mtr.
F Public convenience facilities such as public toilets, Telephone booth, Internet Cafe etc. 1500 Sq. Mtr. 500 Sq. Mtr. G Skywalks 37500 Sq. Mtr. 12500 Sq. Mtr. H Police Station / Police Posts 1500 Sq. Mtr. 1500 Sq. Mtr. I Post, Telegraph offices
5000 Sq. Mtr. J Banks / ATMs 1500 Sq. Mtr. 1000 Sq. Mtr. K Telephone booth, Internet Cafe etc. 1000 Sq. Mtr. 1000 Sq. Mtr. L Food services such as cafeteria, food courts, restaurants, coffee shops, canteens, catering facilities 7500 Sq. Mtr. 2500 Sq. Mtr. 5 Security, Safety Systems, Access control and Monitoring system A Security Towers and Network, Surveillance, Intelligent Access Control, Automated Security Management 1195900 Sq. Mtr. 571200 Sq. Mtr. B Speed Monitoring and Control- Software and Hardware 14 No. 3 No. C Access Control Management 1 No. 1 No. D Surveillance and detection system 1 No. 1 No. 6 A Common Data Center with Internet Connectivity: Internet Data Centre - (includes Civil, IT Hardware, Software etc. items to provide Data Centre services) 74500 sq. ft.
19
(vi) Request of M/s. Navi Mumbai SEZ Private Limited for authorized operations in the Multi Product SEZ at Dronagiri, Navi Mumbai
Sector specific SEZ for Multi Product at Dronagiri, Navi Mumbai by M/s. Navi Mumbai SEZ Private Limited was notified on 21-11-2007 over an area of 1223.6767 hectares. The developer has requested for the following authorized operations
S. No. Authorized operations Processing area Non- processing area 1.
Telecom and other Communication facilities including internet
A.
Ducts
2591 KM
2209 KM
B.
Optic Fibre Cable
49 KM
41 KM
C.
Telecom, Communication Meet-Me-
Room, Point of Presence (PoP)
5398 sq. ft
4602 sq. ft.
D.
Software and Hardware (Operations,
Networking, Presentation Tools) for
SEZ development (e.g. Construction,
Engineering
and
Geographical
Information system etc.
1 Lot
1 Lot
E.
Office
Automation
systems
(e.g.
Networking,
LAN,
WAN,
PCs,
Servers, Scanners, Plotters etc)
648 users
552 users
F.
Consultancy Services for Information
Technology and communication setup
108 Man Months
92 Man Months
G.
Internet Data Centre – (includes Civil,
IT Hardware, Software etc. items to
provide Data Centre Services)
260000 sq. ft.
H.
Consultancy Services for Information
Technology and communication setup
108 Man Months
92 Man Months
2.
Access Control and Monitoring System
A.
Vehicle Decision Systems and Traffic
Management
System-Software
&
Hardware
3 Nos.
2 Nos.
B.
Speed
Monitoring
and
Control-
Software and Hardware
8 Nos.
7 Nos.
C.
Access Control Management
1 Lot
1 Lot
D.
Surveillance and detection system
1 Lot
1 Lot
E.
Material Vehicle in/Out Ticketing
system
1 Lot
1 Lot
20
(vii) Request of M/s. Larsen & Toubro Limited for authorized operations in the IT/ITES SEZ at Vadodra, Gujarat
IT/ITES SEZ at Vadodra, Gujarat by M/s. Larsen & Toubro Limited was notified on 18.11.2008 over an area of 10 hectares. The developer has requested for the following authorized operations in the non-processing area:-
S.
No
Authorized Operations
Area (in sq mtrs)
1.
Parking including Multi Level car parking
13500
2.
Power (including 100% D.G. back up facilities)
Total Power – 66
KVA (GEB Sub-
station
3.
Recreational facilities club house, indoor games and
gymnasium
100
4.
Food services including cafeteria, food courts
restaurant, coffee shops, canteen and catering fatalities
3000
5.
Effluent treatment plant and pipelines and other
infrastructure for effluent treatment
Employee welfare facilities like Automated Teller Machine, Creche, Medical Centre and other such facilities
Common data centre with inter connectivity
Wi Fi and/or Wi Max services
(viii) Request of M/s. Dr. Reddy’s Laboratories Ltd. for authorized operations in the Pharmaceuticals SEZ at Medak District, Andhra Pradesh
Sector specific SEZ for Pharmaceuticals at Medak District, Andhra Pradesh by M/s. Dr. Reddy’s Laboratories Ltd. was notified on 24th April 2009 over an area of 103 hectares. The developer has requested for the following authorized operations
Approval of authorized operations in processing and non-processing areas (other than default operations) in terms of Rule 9 of SEZ Rules, 2006
Processing area
S. No Area (in sq mtrs) 1. Administration Building 2372 2. Central Warehouse 4800 3. Creche 200
21
Non-processing area
Items/Goods for facilities in processing and non-processing areas for approval in terms of Rule 27(3) of SEZ Rules, 2006
Non-processing area
S. No Area (in sq mtrs) 1. Common canteen (kitchen and Dining for 500 Nos) 750 2. Laundry 400 3. OHC/First aid centre 300 4. Electronic weigh bridge 40 ton 5. Commercial & Shopping complex 2415 6. Health care/50 bedded hospital 1800 7. Gust House 1400 8. Creche 250 9. Housing (Residential furnished bachelor and family accommodation) 3400 10. Auditorium 250 11. Open Air theatre 405 12. Recreational cum club house 1550 14. Parking area (multi level) 400 15. Helipad Lumpsum
Processing and Non-processing area
Security towers 5 meter height & flood lights, walky
talkies, cabin
8
S. No
Requirement of
goods/items in the
facility
Area (in sq mtrs)
1.
Common canteen (Kitchen and
dining for 500 Nos)
Canteen furniture
(125 sets)
Kitchen equipment
(1 lot)
750
2.
Laundry
Laundry Eqpt (1
lot)
400
3.
OHC/First aid centre
Furniture for first
Aid/OHC
(1 lot)
300
22
(ix) Request of M/s. Suyog Realtors Pvt. Ltd. for authorized operations in the IT/ITES SEZ at Nagpur, Maharashtra
IT/ITES SEZ at Nagpur, Maharashtra by M/s. Suyog Realtors Pvt. Ltd. was notified on 27.10.2008 over an area of 17.189 hectares. The developer has requested for the following authorized operations in the non-processing area:-
S. No
Area
1.
Creche
2750 sq. feet
2.
Employee welfare facilities like Automated Teller
Machines, Creche, Medical center and other such facilities
250 sq. meter
3.
Food Court
2000 sq. feet
4.
Food Services including cafeteria, food court(s)
Restaurants, coffee shops, canteens and catering facilities
1000 sq. meter
5.
Housing or service apartments – Residential – Service
Apartment, Residential areas
200000 sq.
meters
6.
Recreational facilities – Commercial/Shopping Mall incl.
Food court etc facilities, Entertainment and recreational
areas, Banking, Library, Commercial cum shopping areas
400 sq. meters
7.
Recreational facilities including club house, Indoor or
Outdoor games, gymnasium
2000 sq. meters
8.
Shopping arcade and/or Retail space
5000 sq. meters
(x) Request of M/s. Kolland Developers Pvt. Ltd. for authorized operations as co-developer, in the IT/ITES SEZ at Mihan Nagpur, Maharashtra, developed by MADC.
The above mentioned SEZ was notified on 29.05.2007 on an area of 1511.51 hectares. Subsequently, an additional area of 66.90 hectares was notified, thereby making the total area of the SEZ as 1578.41 hectares. M/s. Kolland Developers Pvt. Ltd. has been approved as co-developer over an area of 40.46 hectares in the aforesaid SEZ, in the meeting of the BoA held on 8th August 2007. The co-developer has requested for the following authorized operations in the processing area:-
S.
No.
Area
1.
Service apartments within processing area
9090 Sqm. (90 units of 101 sqm.
each)
2.
Food services including restaurants, coffee
shops, canteens and catering facilities,
cafeteria and food courts.
5,000 sqm. for each phase. Total 4
phases. The total area 20,000 sqm.
(The total built up area is 9,00,000
sqm.
3.
Business centers, convention halls.
5,000 sqm.
23
Employee welfare facilities like ATMs, crèche.
- ATM – 100 sqm. (total 3 ATMs)
- Creche – 500 sqm.
Recreational facilities including club house, indoor or outdoor games, Gymnasium 6,000 sqm. 6. Power and other infrastructure for back-up etc. 75 MW 7. Parking including multi level parking blocks Total parking area 2,80,000 sqm. for all 4 phases. The total built up area is 9, 00,000 sqm. 8. Clinical and medical centres 500 sqm.
(xi) Request of M/s Quest SEZ Development Private Limited for authorized operations in the sector specific SEZ for Precision Engineering Products at Belgaum, Karnataka Sector specific SEZ for Precision Engineering Products at Belgaum, Karnataka by M/s Quest SEZ Development Private Limited was notified on 4th August 2008 over an area of 106.33 hectares. The request of the developer for the following authorized operations in the processing area of the said SEZ is submitted for consideration of BoA:
(xii) Request of M/s. Sunny Vista Realtors Pvt. Limited for authorized operations in the multi services SEZ at Panvel, Maharashtra
Sector specific SEZ for multi services SEZ at Raigad, Maharashtra developed by M/s. Sunny Vista Realtors Pvt. Ltd. was notified on 19th February 2009 over an area of 139.83 hectares. The request of the developer for the following authorized operations in the said SEZ is submitted for consideration of BoA:
S. No. Authorised operations Processing area Non-processing area 1. Residential Housing
200, 790 sqm (about 1500 units) 2. Parking including Multi-level vehicle parking (automated/manual) 57,595 sqm. 55,813 sqm. 3. Power (including power back up facilities) 40 MW (10000 KVA) 40 MW (4000 KVA) 4. Common Data Centre with inter- 9
S. No Area (in sq mtrs) 1. Guest House 1000
24
connectivity
5.
Fire Tenders, Fire protection system
with sprinklers, fire and smoke
detectors provide in all high rise
buildings
9
9
Access control and monitoring system 9
-- 7. Swimming Pool
800 sqm. 8. Recreational facilities including club house, indoor/outdoor games and gymnasium, entertainment space etc.
17,053 sqm 9. Play grounds 14.574 sqm. 44,985 sqm 10. Food services including cafeteria, food court(s), Restaurants, coffee shops, canteens and catering facilities 9,232 sqm.
Bus bays, Transportation, Transportation stands 9
9
First Aid centre/Dispensary with tools and equipments 100 sqm.
Facilities Management Office 25 sqm. 25 sqm. 14. Power Station
6,900 sqm 15. Telephone Exchange 360 sqm.
Workers Canteen 500 sqm. 500 sqm 17. Project Office
2000 sqm.
(xiii) Request of M/s. Infosys Technologies Limited for authorized operations as co-developer in the IT/ITES SEZ at Jaipur, Rajasthan, developed by M/s. Mahindra World City (Jaipur) Ltd.
IT/ITES SEZ at Jaipur, Rajasthan, developed by M/s. Mahindra World City (Jaipur) Ltd., was notified on 10th April 2007 over an area of 76.10 hectares. Subsequently, an area of 78.92 hectares was added in the already notified area on 27th March 2008 thereby making the total notified area of the SEZ as 155.02 hectares. M/s. Infosys Technologies Limited has been approved as a co-developer in the aforesaid SEZ, in the meeting of the BoA held on 1st August 2008. The approval letter was issued on 14th August 2008. The request for authorized operations in the processing area as co-developer in the above mentioned SEZ is submitted for consideration of the BoA.
S. No
Area (in sq mtrs)
1.
Effluent Treatment Plant/Room
2,000
25
(xiv) Request of M/s Infosys Technologies Limited for authorized operations in the sector specific SEZ for IT/ITES at Rajiv Gandhi Infotech Park, District Pune, Maharashtra The above mentioned SEZ was notified on 26th April 2007 over an area of 31.49 hectares. The developer has requested for the following authorized operations in the processing area:-
(xv) Request of M/s. Infosys Technologies Limited for authorized operations as co-developer, in the IT SEZ at Mahindra City, Chennai developed by M/s. Mahindra World City, Chennai.
The above mentioned SEZ has been notified over a total area of 265.6 hectares. M/s. Infosys Technologies Limited has been approved as co-developer over an area of 52.21 hectares in the aforesaid SEZ, in the meeting of the BoA held on 8th August 2007. The co-developer has requested for the following authorized operations in the processing area:-
Item No. 35.9 : Request of M/s. SE Forge Ltd., a unit in sector specific SEZ for Engineering by M/s. Suzlon Engineering SEZ at Vadodara, Gujarat for granting special permission for carrying out job work processing from DTA unit of Government/Defence undertaking
M/s. SE Forge Ltd. was approved as unit in sector specific SEZ for Engineering by M/s. Suzlon Engineering SEZ at Vadodara, Gujarat for manufacture and export of Forging Rigns. DC, Kandla SEZ has informed that the unit has received an order from a Government undertaking namely Mishra Dhatu Ltd. (MIDHANI), (a Government of India Enterprises) a DTA unit as they want to do job work for DTA unit in SEZ and subsequent clearance to DTA. DC, KASEZ has further stated that by virtue of Rule 43 of the SEZ Rules, 2006 a SEZ unit can undertake the Sub-contracting (Job-Work) on behalf of a DTA unit/exporter but the said goods shall be exported directly from the SEZ.
There is no provision in the SEZ Rules that a SEZ unit can undertake a job
work on behalf of the DTA unit in the SEZ and subsequent return to the DTA unit
after processing even on payment of duty on such portion of value added on account
of processing done in the SEZ. Suggestions of DC, KASEZ along with the request is
placed at Annexure – 4. DC, KASEZ has requested for granting special permission to
carry out job work, considering the job work to be done is for Government/Defense
undertaking, for critical application, in relaxation of Rule 43 and 47 of SEZ Rules
2006.
S. No
Area (in sq mtrs)
1.
Multipurpose Hall/Auditorium
37,400
S. No
Area (in sq mtrs)
1.
Effluent Treatment Plant/Room
500
2.
Amphitheatre
2,500
26
Item No. 35.10: Requests for extension of validity of formal approvals
Following 25 cases have been received for grant of extension of validity of formal approval. In earlier meetings of BoA, 53 cases have already been granted extension for one year. These cases are also placed for consideration of BoA for grant of extension for one year.
(i) Request of M/s. Information Technology Park Ltd. for extension of the validity period of formal approval beyond 26th June 2009 for IT/ITES SEZ at Bangalore, Karnataka.
(ii) Request of M/s. Indu Techzone Pvt. Ltd. for extension of the validity period of formal approval beyond 25th October 2009 for IT/ITES SEZ at Saroornagar Mandal, Ranga Reddy District, Andhra Pradesh.
(iii) Request of M/s. Brahmani Infratech Pvt. Ltd. for extension of the validity period of formal approval beyond 24th October 2009 for IT/ITES SEZ at Saroornagar Mandal, Ranga Reddy District, Andhra Pradesh.
(iv) Request of M/s. Neogen Properties Pvt. Ltd. for extension of the validity period of formal approval beyond 25.10.09 for Apparel SEZ at Andhra Pradesh.
(v) Request of M/s. Flagship Infrastructure (P) Ltd. for extension of the validity period of formal approval beyond 22nd August 2009 for IT SEZ at Hinjewadi, Pune, Maharashtra.
(vi) Request of M/s. Inox Mercantile Company Pvt. Ltd. for extension of the validity period of formal approval beyond 18th June 2010 for Biotechnology SEZ at Verna, Goa.
(vii) Request of M/s. Planetview Mercantile Company Pvt. Ltd. for extension of the validity period of formal approval beyond 26th June 2010 for Gems & Jewellery SEZ at Verna, Goa.
(viii) Request of M/s. Peninsula Pharma Research Centre Pvt. Ltd. for extension of the validity period of formal approval beyond 24th October 2009 for Biotech at Goa.
(ix) Request of M/s. White Field Paper Mills Ltd. for extension of the validity period of formal approval beyond 20th August 2009 for Printing Paper Mill at Tadipudi village, Tallapudi Mandal, West Godavari District, Near Kovvur, Andhra Pradesh.
(x) Request of M/s. Ansal SEZ Projects Limited for extension of the validity period of formal approval beyond 5th November 2009 for IT/ITES at village Badshahpur, Gurgaon, Haryana.
(xi) Request of M/s. Aqualine Properties Pvt. Ltd. for extension of the validity period of formal approval beyond 30th November 2009 for IT/ITES at Mouje Koba, Gandhinagar, Gujarat.
27
(xii) Request of M/s. Concord Investments for extension of the validity period of formal approval beyond 12th November 2009 for IT/ITES at Bangalore, Karnataka.
(xiii) Request of M/s. Ranbaxy Laboratories for extension of the validity period of formal approval beyond 18th June 2009 for Pharmaceutical sector at Mohali, Punjab.
(xiv) Request of M/s. Pondicherry Special Economic Zone Company Ltd. for extension of the validity period of formal approval beyond 20th August 2009 for multi product SEZ at Sedarapet, Karasur, Pondicherry.
(xv) Request of KIADB for extension of the validity period of formal approval beyond 20th August 2009 for Textile industry SEZ at Hassan, Karnataka.
(xvi) Request of KIADB for extension of the validity period of formal approval beyond 26th October 2009 for Food processing SEZ at Hassan, Karnataka.
(xvii) Request of KIADB for extension of the validity period of formal approval beyond 25th October 2009 for Pharmaceutical industry SEZ at Hassan, Karnataka.
(xviii) Request of KIADB for extension of the validity period of formal approval beyond 10th July 2009 for Automotive and Auto Components at Shimoga, Karnataka.
(xix) Request of KIADB for extension of the validity period of formal approval beyond 25th June 2009 for IT/ITES SEZ at Mangalore, Karnataka.
(xx) Request of M/s. Brigade Enterprises Limited for extension of validity period of formal approval beyond 4.09.09 for IT/ITES SEZ at Mangalore, Karnataka.
(xxi) Request of M/s. GHI Finlease and Investment Ltd. for extension of the validity period of formal approval beyond 24th August 2009 for IT/ITES SEZ at village Bhondsi, Tehsil-Sohna, Gurgaon, Haryana.
(xxii) Request of M/s. Quarkcity India Pvt. Ltd. for extension of the validity period of formal approval beyond 30th August 2009 for IT/ITES SEZ at Mohali, Punjab.
(xxiii) Request of Andhra Pradesh Industrial Infrastructure Corporation Ltd. for extension of the validity period of formal approval beyond 25th October 2009 for Bio- tech SEZ at Mulugu Mandal, Medak Dist., Andhra Pradesh.
(xxiv) Request of M/s. Maytas Enterprises SEZ Pvt. Ltd. for extension of the validity period of formal approval beyond 25th October 2009 for IT/ITES SEZ at Gopanpally village, Ranga Reddy District, Andhra Pradesh.
(xxv) Request of IDCO for extension of the validity period of formal approval beyond 24th October 2009 for IT SEZ at Khurda, Orissa.
28
Item No. 35.11: Request for increasing / decreasing area
(i) Request of M/s Sunny Vista Realtors Pvt. Ltd. for addition of area in the Services SEZ at District Raigad, Maharashtra
Sector specific SEZ for Services SEZ at Raigad, Maharashtra developed by M/s. Sunny Vista Realtors Pvt. Ltd. was notified on 19th February 2009 over an area of 139.83 hectares. The developer had requested to include 63.70 hectares in the said SEZ. The said proposal was listed in the BoA meeting held on 19th June 2009. It was noted that part of the land proposed to be added is under the Mumbai-Pune Expressway and some part is scattered. The Board preferred that the land is inspected again and a report filed by DC. However, at the request of DC SEEPZ, it was decided to first examine the proposal on file and subsequently consider the proposal. As per the earlier Inspection Report, certain portion of the additional area was on either side of the Mumbai Pune Expressway and there was an underpass connecting the two areas of the SEZ. It was further mentioned that some survey numbers not in possession of the developer and hence were excluded by the developer from the proposed additional land. However, separate access i.e. right of the way, to these areas would be necessary, which would result in reduction of area to that extent.
The developer submitted a revised proposal for inclusion of 60.41 hectares instead of 63.70 hectares. The developer had submitted that they have excluded the area of land on the other side of the Mumbai Pune Expressway. They have submitted the revised map of the proposal.
The matter is being examined on file and findings will be placed in the meeting for consideration of BoA.
(ii) Request of M/s Shriram Properties & Infrastructure Pvt. Ltd. for de- notification of a portion of area in the sector specific SEZ for IT/ITES at Kancheepuram District, Tamil Nadu
Sector specific SEZ for IT/ITES SEZ at Kancheepuram District, Tamil Nadu developed by M/s. Shriram Properties & Infrastructure Pvt. Ltd. was notified on 28.09.2006 over an area of 10 hectares. Subsequently, 13.40.88 hectares was notified as an additional area in the said SEZ on 24.09.2007, thereby making the total area of the said SEZ as 23.40.88 hectares. The developer had requested to de-notify a part of land falling under survey no. 367/1A2 (part) to the extent of 07.75.78 hectares in the said SEZ. The developer has stated that a slump in demand for IT/ITES space, especially in SEZ format and current global economic slowdown especially in IT/ITES industry has aggravated the mismatch in demand-supply situation. They are not in a position to lease out any big space due to negligible demand from IT sector. The developer has stated that banks are not providing funds in case the property is not pre-leased before construction. Hence, they have requested to de- notify 7.75.78 hectares of land to accommodate the rise in demand for residential
29
space from buyers so as to enhance their cash flow which, in turn, can be further deployed in execution of the SEZ project. After de-notification, the total area of the SEZ will remain as 15.65.10 hectares. The developer has submitted the map showing the area to be de-notified. They have undertaken that the proposed area for de-notification is vacant and the de-notification will not affect the contiguity of the existing SEZ. They have also undertaken that they have not availed any tax/duty benefits and have further committed that they will repay tax/duty benefits, if any, availed for development activity in the proposed de-notification area. However, they have mentioned that there is a mortgage against the land sought to be de-notified by way of Deposit of Title Deeds to the Debenture holder. The developer has requested for a personal hearing in the BoA the request of the developer is placed for consideration of BoA.
(iii) Request of M/s MADC for increase in area of the notified multi product SEZ at Mihan, Nagpur, Maharashtra.
Formal approval for setting up of multi product SEZ at Mihan, Nagpur, Maharashtra over an area of 2086 hectares by M/s. Maharashtra Airport Development Company was granted vide LoA of 6.11.2006 out of which 1578.41 hectares has been notified.
Subsequently, the request of M/s Maharashtra Airport Development Corporation for denotification of an area of 338.28 hectares (non-processing area) in the notified multi product SEZ at Mihan, Nagpur, Maharashtra was approved in the meeting of BoA held on 08.12.08.
Thereafter, a proposal for notification of a part of remaining area to an extent of 18.75 hectares was received for which notification is under issue.
Now, the developer has stated that they want to add an area of 25.96 hectares in the non-processing area of the SEZ. Out of 25.96 hectares of land, MADC has allotted 10.218 hectares (25.25 acres) of land to M/s. Mahindra Bebanco Developers Ltd. (MBDL), a proposed co-developer for developing residential project for which the authorized operations have been approved by the Board vide letter of 16.8.07 for constructing 10,000 houses in Phase – II (total built up area not exceeding 17,00000 sqm.). Rest of the area they wish to include is the area of an existing internal road which they had got de-notified in the meeting of BoA held on 08.12.08. To maintain contiguity, the developer now wants to retain in the said SEZ.
The request of the Developer for addition of an area of 25.96 hectares is submitted for consideration of the Board.
30
Item No. 35.12: Request for de-notification
(i) Request of M/s. Sanvo Resorts Pvt. Ltd. for de-notification of notified IT/ITES SEZ at Panvel Maharashtra
Sector specific SEZ for IT/ITES at Panvel, Maharashtra developed by M/s. Sanvo Resorts Pvt. Ltd. was notified on 10.07.2008 over an area of 10.69 hectares. The developer has submitted that due to continuing slow down of the economy leading to no response from IT companies for new space additions, they have decided to get their SEZ de-notified. They have further stated that economic slowdown has laid to high overhead costs and may lead to an issue of debt servicing. They have confirmed that they have neither been granted approval for carrying out authorized operations nor they have undertaken any construction activity in the said SEZ. They have also not taken any duty benefits or exemptions in any form for the said SEZ. The request of the developer is placed before BoA for consideration.
(ii) Request of M/s. Maytas Ventures SEZ Pvt. Ltd. for de-notification of notified sector specific SEZ for Biotech sectorat Gundla Pochampalli village, Ranga Reddy District, Andhra Pradesh.
Sector specific SEZ for Biotech sector at Gundla Pochampalli village, Ranga Reddy District, Andhra Pradesh developed by M/s. Maytas Ventures SEZ Pvt. Ltd. was notified on 13th June 2007 over an area of 14.15 hectares. The developer has submitted that due to financial recession they have decided to get their SEZ de- notified. They have confirmed that they have not availed any exemptions towards Custom Duty, Excise Duty and Sales Tax for the said SEZ. However, they have availed service tax exemption for Rs. 31, 46,550/-. They have requested to waive of to refund the said service tax keeping in view of their poor financial position. The request of the developer is placed before BoA for consideration.
Item No. 35.13: Request for change of sector/broad-banding the sector
(i) Request of Karnataka Industrial Areas Development Board for change of sector from Automotive & Auto Components to Engineering Industries at Shimoga, Karnataka
Formal approval was granted for setting up of a sector specific SEZ for Automotive & Auto Components SEZ at Shimoga, Karnataka was granted on 11.07.2006 over an area of 169.6 hectares. On the request of the developer, the area was reduced from 169.60 hectares to 101.20 hectares and the same was conveyed on 25.01.2008. Now, the developer has submitted that units are not coming forward to set up their projects in Automotive and Auto Component industries. They have further stated that they are receiving enquiries about engineering industries. The developer has submitted that engineering industries sector is a broad based category and any type of engineering industries, along with Automotive and Auto Component industries can be established in an engineering industries sector. Hence, the developer has requested for change of sector from Automotive & Auto Components to Engineering Industries. The request of the developer is submitted for consideration.
31
(ii) Request of M/s. Flagship Infrastructure (P) Ltd. for broad banding of sector
M/s. Flagship Infrastructure (P) Ltd had applied for setting up of a sector specific SEZ for Electronic Hardware and Software including ITES. The proposal was considered in the meeting of BoA held on 8th August 2006. The Board granted formal approval for setting up of a sector specific SEZ for IT only. LoA was issued on 23rd August 2006. The notification was issued for setting up of a sector specific SEZ for IT/ITES and the approval for additional area was also conveyed for IT/ITES. Now, the developer has sought clarification whether the words IT and ITES used in the approvals and notification being generic and of common usage would mean - Electronic Hardware and Software including ITES and whether they are eligible for Electronic Hardware & Software besides IT/ITES. The request of the developer is submitted for consideration.
Item No. 35.14: Request of M/s. Pondicherry Special Economic Zone Company Ltd. for contiguity relaxation
Proposal for setting up of multi product SEZ at Sedarapet, Karasur, Pondicherry by M/s. Pondicherry Special Economic Zone Company Ltd. was considered in the meeting of BoA held on 8th August 2006. Letter of approval was issued on 21-08-2006. Report of ADC MEPZ was received wherein it was mentioned that a public road is bifurcating the said SEZ and the same is meant to connect two villages of Sadarapet-Karasur. Now, Chief Secretary, Government of Puducherry has informed that the SPV set up for the establishment of the said SEZ has undertaken to establish the contiguity between the parcels of land. The developer has also requested for relaxation of contiguity as per Sub-Rule (2) of Rule 7 of the SEZ Rules 2006. The request of the developer for relaxation of contiguity in respect of the above-mentioned SEZ is placed before BoA for consideration.
Item No. 35.15: Request for emergency exit gate
(i) Request of M/s. Jubilant Infrastructure Limited for emergency exit gate exclusively for Coal Receipts (incoming) and Fly Ash disposal (outgoing) from captive power plant in sector specific SEZ for Chemicals at Vilayat, GIDC, Bharuch, Gujarat
Sector specific SEZ for Chemicals at Vilayat, GIDC, Bharuch, Gujarat by M/s. Jubilant Infrastructure Limited was notified on 11th February 2008 over an area of 107.16.50 hectares. The Board approved 50 MW power generation (for captive use only) as authorized operations in the meeting of BoA held on 16th May 2008. The developer had submitted a proposal for emergency exit gate in the aforesaid SEZ. The matter was discussed in the meeting of BoA held on 2nd June 2009 and was deferred with the directions that the developer will submit a clear proposal for the consideration of the Board.
Now, the developer has informed that they have decided to put up a coal based CPP of 30 MW during 1st Phase. Initially, they expect movement of 75 to 100 trucks of coal including disposal off fly ash every day. The developer has
32
submitted a revised proposal along with drawings of master plan showing comparative movement of coal/fly ash from south and north of the SEZ. They have further submitted that if they use the main entry route for handling coal/fly ash from south, the distance of approximately 1.2 KMs. will be required to travel through entire SEZ by trucks carrying coal/fly ash which will lead to soiling of roads, interruptions in day to day operations of other chemical units. This will also create unsafe conditions and obstruction throughout SEZ and will create nuisance. A detailed proposal is placed at Annexure - 5. The request of the developer is placed for consideration of Board of Approval.
Item No. 35.16: Grant of second extension of in-principle approval.
Following guidelines/norms for grant of second extension of in-principle approval were approved in the meeting of BoA held on 15th January 2009:
Type of SEZ
Conditions
for
grant
of
1st
extension
(1)
Conditions
for
grant
of
2nd
extension
(2)
IT/ITES/G&J/Biotech/N
on-conventional
Energy
SEZ etc. with min. Area
requirement of 10 Ha and
Stand alone FTWZ
Conditions laid by
BoA in its 12th
meeting
No second extension to be granted
in such cases.
Sector Specific SEZs other
than mentioned above
Conditions laid by
BoA in its 12th
meeting
Conditions
for
grant
of
first
extension will be applicable. Apart
from this, the developer must have
60% land acquisition/possession
Multi-product
Conditions laid by
BoA in its 12th
meeting
Conditions
for
grant
of
first
extension will be applicable. Apart
from this, the developer must have
50% land acquisition/possession
It was further decided that the cases which do not fulfil the above criteria will
be placed before BoA for consideration.
3.
The Board noted that as per SEZ Rules 2006, the in-principle approval is valid
for one year and extension of validity of in-principle approval may be granted for
another two years. In the light of EGoM decision prohibiting compulsory
acquisition, it may be difficult to acquire 1000 hectares of contiguous land within a
period of 3 years. To allow extension of validity of in-principle approval beyond 3
years in case of multi product SEZs, the Board directed to take steps to amend the
relevant Rule to add such provision.
(i) Category I - Cases which do not fulfil the above criteria
Following 4 cases, as mentioned below, do not fulfil the above criteria and are
placed below for consideration of BoA for grant of second extension:-
33
S.
N
o.
Name of the
Developer
Sector
and area
Location of the
SEZ
Percentage of land in possession of
developer as on expiry of validity
of in-principle approval
i.
M/s.
Greater
Noida
Integrated
Warehousing
Zone Pvt. Ltd.
(GNIWZ)
FTWZ
over
an
area of 80
Ha.
Greater
Noida,
Uttar Pradesh
Greater
Noida
Industrial
Development Authority (GNIDA)
has made in-principle allotment of
44.5
hectares
of
land
to
the
developer. The developer has made
a payment of Rs. 5 crores to GNIDA.
Lease deed with GNIDA is under
finalization.
As
per
approved
norms, no second extension will be
granted to sector specific SEZ with
minimum area requirement of 10
hectares and Stand alone FTWZ
SEZs.
Since
the
said
SEZ
is
proposed over an area of 80 hectares
(double the area of FTWZ SEZ) and
GNIDA
has
made
in-principle
allotment of 44.5 hectares of land to
the developer. Only finalization of
lease deed is left, the proposal for
grant
of
second
extension
in
relaxation of prescribed norms is
submitted for consideration.
ii.
M/s.
Uttam
Galva
Steels
Limited
Integrate
d
Steel
SEZ over
an area of
100 Ha.
Khopoli,
Taluka
Khalapur, Raigad
District,
Maharashtra
In-principle approval was granted
on 26.6.07 and was extended up to
25.6.09. The developer is in the
possession of 41.7% of land. They
are further negotiated for 9.3% of
adivasi land by providing them the
alternate land. The request of the
developer for grant of second
extension in relaxation of prescribed
norms
is
submitted
for
consideration.
iii. M/s. Bengal
Srei
Infrastructure
Development
Ltd.
Auto
Compone
nts, over
an area of
100 Ha.
Kharagpur, West
Bengal
WBIIDC has informed that Bengal
Integrated Auto Industrial Park Pvt.
Ltd. (BIAIPPL), the JV Company of
the developer has purchased 33.47
Ha. of land and proposes to
purchase 25.04 Ha. in the next
couple of months (Totalling to 58.5
Ha. after purchase). The request of the
developer for granting second extension
34
of their Auto Components SEZ is placed for consideration. iv. Indiabulls Builders Ltd. Multi product over an area of 2429 Ha. Thane District, Maharashtra Developer has mentioned that acquisition of 1000 Ha. of contiguous non-agricultural land is taking longer time than expected for complete acquisition. As per para 3 above, BoA has decided to allow extension of validity of in-principle approval beyond 3 years in case of multi product SEZs and has directed to take steps to amend the relevant Rule to add such provision. Amendment to relevant Rules has already been proposed and will be issued shortly. It may be noted that the developer has been granted only one extension so far. For multi product SEZs, as per proposed amendment, extension can be granted for three years. In the light of the decision of BoA and proposed amendment, the request of the developer for granting second extension of their multi product SEZ is placed for consideration.
(ii) Category II - Cases for grant of third Extension
In the following 5 requests, as mentioned below, two extensions have already been granted. Out of these, one request is in respect of multi product SEZ for which our guidelines provides for allowing extension of validity of in-principle approval beyond 3 years in case of multi product SEZs. For this, the Board had directed to take steps to amend the relevant Rule to add such provision.
Following amendment has been proposed:-
For the proviso in clause (b), the following proviso shall be substituted:
“Provided that the Board may, on an application in Form M by the developer, for reasons to be recorded in writing, extend the validity period. The application is to be submitted to the Zonal Development Commissioner who would forward it to the Board with his recommendations”
In the light of proposed amendment, following requests are placed before BoA for consideration for grant of third extension:-
35
S.
No.
Name
of
Developer
Sector
and
area
Location of SEZ
Percentage of land in
possession
of
developer as on expiry
of
validity
of
in-
principle approval
i.
M/s. Chhattisgarh
Infrastructure
Development
Corporation Ltd.
Gems
&
Jewellery
over an area
of
29
hectares
Raipur,
Chhattisgarh
In-principle
approval
was granted on 21.6.06
and
two
extensions
were also granted up to
20.06.09.
Chhattisgarh
State
Industrial
Development
Corporation
Ltd.
(A
Govt. of Chhattisgarh
undertaking)
has
informed that they have
taken
advanced
possession of 28 Ha. of
land for the said SEZ.
They have submitted
copy of the letter of
Naya
Raipur
Development Authority
giving details of land
and
confirmation
of
payment.
ii.
Reliance Haryana
SEZ Ltd. (RHSL)
Multi
product
over an area
of 5000 Ha.
Gurgaon, Haryana
In-principle approval for
setting up of a multi
product SEZ over an area
of 10000 Ha. was granted
on 31.3.2006. Validity of
in-principle approval was
extended for one year and
a cap was imposed on the
maximum size of SEZ, by
reducing to 5000 Hectares
as
against
original
approval
of
10000
hectares.
Request for conversion of in-principle approval to formal for setting up of a multi services SEZ at Gurgaon, Haryana over an area of 440 hectares was approved in the meeting of BoA held on 5th June 2007. Afterwards the SEZ for multi services sector
36
was notified over an area
of
440.71
Ha.
Subsequently,
second
extension up to 30.3.2009
was
granted
to
the
developer.
Since
the
developer
will
be
developing multi product
SEZ, they have sought
third extension. HSIIDC
has transferred 133 Ha. of
land to the developer. In
addition the developer has
also purchased 486 Ha. of
land,
which
is
non-
contiguous.
They
are
seeking the support of
Govt. of Haryana to make
the land contiguous. The
request for third extension
for multi product SEZ by
RHSL is submitted for
consideration.
iii.
Suzlon
Infrastructure Ltd.
Hi-tech
Engineering
products
and related
services
over an area
of
202
hectares
Udupi, Karnataka
In-principle
approval for setting up of
a Hi-tech Engineering
products
and
related
services over an area of
202
was
granted
on
22.8.06
Validity
of
in-
principle
approval
was
extended for two years i.e.
up
to
21.8.09.
The
developer
is
in
the
possession
of
81.74
hectares.
They
have
mentioned
that
they
require one more year to
acquire the balance land.
The
request
for
third
extension
to
acquire
minimum 18.26 hectares
of land. The request is
submitted
for
consideration.
iv.
RNB Infrastructure
Pvt. Ltd.
Textile
sector
over
an area of
107.24
hectares
Coimbatore District,
Tamil Nadu
In-principle approval for
setting up of a Textile
sector over an area of
107.24
hectares
was
granted on 26.06.06 and
37
was
granted
two
extensions
i.e.
up
to
25.06.09. The developer
has identified the land and
is in talks with various
land owners. The request
of the developer for third
extension is submitted for
consideration.
v
SPL
Industrial
Park Ltd.
Plastic
processing
over an area
of
100
hectares
Raigad,
Maharashtra
In-principle approval for
setting up of a Plastic
processing over an area
of
100
hectares
was
granted on 23.08.06 and
was
granted
two
extensions
i.e.
up
to
22.08.09. The developer
has stated that MIDC has
sent
a
proposal
for
approval for issuing notice
under Section 32 (1) to
Industry Department on
02.01.09 in respect of 119
hectares to be acquired.
The developer has spent
Rs. 5 crores on the project.
Item No. 33.17: Withdrawal of approval
(i) Withdrawal of In-principle approval granted to M/s. SPG Infrastructure Limited for setting up of a sector specific SEZ for “transport Engineering goods including manufacture of tyres and tubes for all purpose and for transport industry” at Village Paddhar, Tal. Bhuj, Kutch District, Gujarat.
The proposal for setting up of sector specific SEZ for auto components and ancillaries at Village Paddhar, Tal. Bhuj, Kutch District, Gujarat was granted In- principle approval in the meeting of BoA held on 22nd September 2008. In the meantime, before issue of LoA, the developer requested for changing the sector from auto components and ancillaries to “transport Engineering goods including manufacture of tyres and tubes for all purpose and for transport industry”. Letter of approval was issued on 19th November 2008 in the changed sector. Now, the developer has submitted that due to recent economic recession and slow down, their growth and plan to proceed further for setting up of SEZ has been adversely affected. Due to this they have decided not to continue with the proposed project of development of SEZ and have requested for withdrawal of in-principle approval. The request of the developer is placed for consideration of BoA.
38
(ii) Withdrawal of formal approval granted to Gujarat Growth Centre Development Corporation Ltd. for sector specific SEZ for handicraft and artisan sector at Moti Chirai GGDCL Estate, village Moti Chirai, Dist. Kutch.
The proposal for setting up of sector specific SEZ for handicraft and artisan sector at Moti Chirai GGDCL Estate, village Moti Chirai, Dist. Kutch by Gujarat Growth Centre Development Corporation Ltd. was granted formal approval on 25.6.2007 over an area of 131-59-62 hectares. Now, the developer has submitted that they have decided not to go ahead with the proposed SEZ. Since it is a case of formal approval only, they must not have availed any duty free benefits/exemptions. The request of the developer for withdrawal of formal approval is placed for consideration of BoA.
(iii) Withdrawal of formal approval granted to M/s. T. Holdings Electronics Pvt. Ltd. for sector specific SEZ for IT/ITES at Mysore, Karnataka
The proposal for setting up of sector specific SEZ for IT/ITES at Mysore, Karnataka by M/s. T. Holdings Electronics Pvt. Ltd. was granted formal approval on 26.6.2007 over an area of 12.15 hectares. Now, the developer has submitted that due to collapse of international financial institutions coupled with global recession, where has been an adverse impact on the revenue streams of IT companies. This has resulted in severe contraction in demand of office space, thereby rendering the project unviable. The developer has further submitted that absence of adequate funding for infrastructure development within the project has further compounded the financial crisis. In view of this, they have surrendered the land back to KIADB which was also accepted by KIADB on 16.6.2009. In view of this the developer has requested for cancellation of letter of formal approval. It may be noted that since it is a case of formal approval only, they must not have availed any duty free benefits/exemptions. The request of the developer for withdrawal of formal approval is placed for consideration of BoA.
Item No. 35.18: Appeal of M/s. SE Electricals Ltd. against the order of
Development Commissioner, MPEZ SEZ in relation to amendment of LoA to
include Repairs/Re-Engineering/Re-making of defective generator/control panel.
M/s. SE Electricals Ltd. was initially issued an LoA on 18th September 2007 for setting up a unit in sector specific SEZ for Hi-tech Engineering sector developed by M/s. Suzlon Infrastructure Ltd. The unit started its manufacturing operations for manufacture of generator/control panels, units for wind turbines. The company applied to DC MEPZ SEZ for approval to undertake Repairs/Re-Engineering/Re- making for the various categories of generator/control panels. Out of the requested activities, DC, MEPZ SEZ granted approval to carry out a part of the activities and agreed to include certain activities as part of the “Authorized Operations” and rejected approval for certain other activities. The unit has given a list of activities which has not been approved by the DC (Annexure - 6). The unit has filed an appeal against the order of DC which is placed before BoA for consideration.
39
Item No. 35.19: Request of M/s. Gujarat Textiles for transfer of unit from Falta SEZ to Kandla SEZ
M/s. Gujarat Textiles is a unit in Falta SEZ with letter of permission for manufacture of processed garments/all kinds of rags. The LoP is valid upto 31st December 2012. The said request was listed in the meetings of BoA held on 8th August 2007 and 19th August 2007 and was rejected on the following grounds:-
(i) As per the SEZ Rules 2006, fresh Letters of Approval for this sector cannot be issued; (ii) The validity of this LoA is only till 31st December 2007; (iii) Transfer of existing unit from Falta to Kandla when the validity extension is in question would not be feasible; (iv) There are no explicit provisions for shifting old units to another SEZ.
Now, the unit has again approached the BoA and has informed that their request for transfer from Falta SEZ to Kandla SEZ may be considered, as their unit is not viable at Falta SEZ for the following reasons:
(i)
FSEZ is 60 kms far away from port but KASEZ is only 6 kms away from port.
(ii)
FSEZ is situated in eastern Region from Eastern Region to ship at Africa and
Middle East is much costlier then Western Region of our country.
(iii)
The product is low in value but having large volumes. Therefore, shipping
freight cost becomes higher.
(iv)
There is a large scope of marketing of product at Kandla SEZ as similar 10
units are functioning there, so overseas buyers are visiting KASEZ regularly.
So there is no problem of marketing at KASEZ. Raw material suppliers area
also visiting from USA to KASEZ time to time
(v)
Technical staff is available in Kandla SEZ on account of existence of similar
units there.
(vi)
Skilled labours are also easily available at Kandla SEZ.
(vii)
Owner of the company is also from Gujarat
(viii) Due to non-viability, the unit has failed to export from last 72 months.
The unit has further informed that their LOP is valid upto 31-12-2012 and they had maintained positive NFE till date with a figure of INR 250 lakhs.
The unit has submitted a request for reconsideration of the decision of the Board of Approval. The same is submitted for reconsideration.
40
Item No. 35.20: Requests for extension of validity of LoP
(i) Request of M/s. Goldstar Jewellery International Pvt. Ltd., a unit in SEEPZ SEZ for extension of validity of LoP
M/s. Goldstar Jewellery International Pvt. Ltd. was granted LoA on 30.09.2004 for setting up of a gem and jewellery unit in SEEPZ SEZ. Since LoA was valid for one year, the validity was extended three times for one year each.
Due to recession in the international market and other problems being faced by the industry, M/s. Goldstar Jewellery International Pvt. Ltd., vide their letter dated 19.08.2008 requested for surrender of their LOA dated 3.09.2007 to DC, SEEPZ and further requested for issuance of new LOA to establish a new unit for undertaking IT related services.
M/s. Goldstar Jewellery International Pvt. Ltd., vide letter dated 3.10.2008 requested Preventive Superintendent of Customs for permission to re-export the capital goods, imported duty free during the validity of LOA. M/s. Goldstar Jewellery International Pvt. Ltd. was directed to pay the duty on various capital goods and the request for re-export without payment of duty was declined.
M/s. Goldstar Jewellery International Pvt. Ltd. made representations detailing difficulties faced by the unit and requested for permission to re-export the capital goods without payment of duty or grant extension of LOA for a period of six months to enable them to re-export the capital goods or permit transfer of the capital goods to another SEZ unit.
Office of DC, while declining to extend the validity period of the LOA, directed the company to pay the duty on the capital goods. Therefore, the unit has made a representation before BoA for extension of LoA for a period of six months so that the capital goods imported duty free during the validity of LOA can be re- exported. The comments of DC were sought. As per DC, SEEPZ, the unit was from time to time granted approval for extension of validity of LOA for implementation of approved project. However, they failed to implement the project within the extended validity period of LOA. The request of the unit for re-export of the imported Capital Goods could not be granted by the zone Administration as SEZ Rules do not permit the same. It can be permitted only when there is a valid LOA. In the instant case, validity of LOA has already lapsed & there is no provision in the SEZ Act/Rules for extension of lapsed LOA. The detailed comments of DC SEEPZ are placed at Annexure - 7.
(ii) Request of M/s. Sukhi India Pvt. Ltd., a unit in FALTA SEZ for extension of validity of LoP
M/s. Sukhi India Pvt. Ltd., a unit in FALTA SEZ was granted LoA on 18-10-96 for manufacture and export of Plastic Granules and Reprocessed Plastic Agglomerates and Lay Flat Tubes. The Unit commenced production on 14-07-99. The unit
41
completed the 2nd block of operations of five years on 13th July 2009 and has requested for renewal of its LOP to Falta SEZ for a further period of five years.
In terms of Rule 18(4) (a) of the SEZ Rules, the proposal for extension of the LOA of the units engaged in recycling of plastic scrap/waste has to be placed before Board of Approval. The projections of foreign trade performance for the last five years are as follows:- (Figures in Rs. Lakh) Year Export Import (total outflow) NFE 2004-05 (14.7.04 to 31.3.2005) 484.97 33.92 +451.05 2005-06 509.60 153.19 +356.41 2006-07 641.02 786.93 -145.91 2007-08 517.60 773.98 -256.38 2008-09 218.77 226.60 -7.83 Total 2371.93 1974.62 +3973.34
As per DC, Falta SEZ’s report, Unit had achieved positive NFE during the first two consecutive years viz. 2004-05 and 2005-06. In the subsequent years, this was negative but, cumulatively, over a period of five years, this stands positive.
The request for extension of LoP for a further period of five years is placed before Board of Approval for consideration.
Item No. 35.21: Request of SEEPZ SEZ for clarification in the matter of M/s. Yash Jewellery Pvt. Ltd., a unit in SEEPZ SEZ for grant of permission to import jewellery from overseas associates for repair and re-export
M/s. Yash Jewellery Pvt. Ltd., a unit in SEEPZ SEZ was issued an LoA for manufacture and export of Plain & Studded Gold/Platinum/Silver/Palladium Jewellery. The unit started production on 1.6.2007. The unit has sought permission to import jewellery from overseas associates for repair and re-export. The detailed proposal is at Annexure - 8. The matter was placed before the Unit Approval Committee (UAC). Since a consensus was not reached amongst all the members on the issue as to whether repair can be considered as covered under ‘Manufacture’ in term of Section 29(r) of the SEZ Act, & whether import of ‘repair’ of finished products manufactured elsewhere is allowed in the SEZ Act & Rules, SEEPZ SEZ has requested for a clarification. As per Section 13 (5) of SEZ Act, in case the UAC is unable to decide any matter by a general consensus, such matter shall stand referred to the Board of Approval. The matter is placed before BoA for consideration.
42
Annexure – 1
F.No. F. 1/153/2007-SEZ Government of India Ministry of Commerce and Industry Department of Commerce (SEZ Section) Dated 22.08.08 To
All the DCs/ Developers/ approved Co-developers of the notified SEZs,
Dear Sir/Madam,
This is to reiterate the concept of default operations as earlier communicated vide letter no. F.2/1/2007-SEZ dated 26.06.2007. The issue relating to authorized operations in the notified SEZs was discussed in the meeting of the Board of Approval held on 22nd June 2007. Since a time gap exists between the date of notification and actual approval of the authorized operations by the Board of Approval, to avoid delays in the project implementation, the authorized activities, as per the list enclosed at Annexure were approved by the Board of Approval as default operations which may be carried out by the Developer or Co-Developer, as the case may be, after the SEZ is notified. 2. The Development Commissioners/ Unit Approval Committee may allow the Developers/approved Co-Developers duty free material for these default authorized activities from the date of notification of the SEZ. 3. For other authorised activities, the Developer/Co-Developer may make a separate detailed application, indicating the size and quantum of the activities, to the Board of Approval.
Sd/- (Vijay Kumar) Director Tel: 2306 3434 Email: vkumar167@nic.in
Copy for information to DG EPC for EOU & SEZs
43
AUTHORIZED ACTIVITIES WHICH CAN BE UNDERTAKEN BY THE DEVELOPER/APPROVED CO-DEVELOER BY DEFAULT FROM THE DATE OF NOTIFICATION
(A)
Information Technology/Information Technology Enabled
Services, Biotechnology and Gems and Jewellery Special
Economic Zone:
- Roads with Street lighting, Signals and Signage
- Water treatment plant, water supply lines (dedicated lines up to source), sewage lines, storm water drains and water channels of appropriate capacity.
- Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal, Sewage treatment plants
- Electrical, Gas and Petroleum Natural Gas Distribution Network including necessary sub-stations of appropriate capacity, pipeline network etc.
- Telecom and other communications facilities including internet connectivity
- Rain water harvesting plant
- Air conditioning of processing area
- Fire protection system with sprinklers, fire and smoke detectors
- Landscaping and water bodies
- Boundary wall
- Built up processing area not less than minimum prescribed 1 lakh sq. m.
- Office space for Customs and Security staff not exceeding 500 sq.m.
(B) Sector Specific Special Economic Zones
- Roads with Street lighting, Signals and Signage
- Water treatment plant, water supply lines (dedicated lines up to source), sewage lines, storm water drains and water channels of appropriate capacity.
- Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal, Sewage treatment plants
- Electrical, Gas and Petroleum Natural Gas Distribution Network including necessary sub-stations of appropriate capacity, pipeline network etc.
- Effluent treatment plant and pipelines and other infrastructure for Effluent treatment.
- Telecom and other communications facilities including internet connectivity
- Rain water harvesting plant
- Landscaping and water bodies
- Wi Fi and / or Wi max Services
- Drip and Micro irrigation systems.
- Boundary wall
- Factory sheds in processing area
- Office space for Customs and Security staff not exceeding 500 sq.m.
44
AUTHORIZED ACTIVITIES WHICH CAN BE UNDERTAKEN BY THE DEVELOPER/APPROVED CO-DEVELOER BY DEFAULT FROM THE DATE OF NOTIFICATION
(C) Multi Product Special Economic Zones
Roads with Street lighting, Signals and Signage 2. Water treatment plant, water supply lines (dedicated lines up to source), sewage lines, storm water drains and water channels of appropriate capacity. 3. Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal, Sewage treatment plants 4. Electrical, Gas and Petroleum Natural Gas Distribution Network including necessary sub-stations of appropriate capacity, pipeline network etc. 5. Effluent treatment plant and pipelines and other infrastructure for Effluent treatment. 6. Play ground 7. Landscaping and water bodies 8. Wi Fi and / or Wi max Services 9. Drip and Micro irrigation systems. 10. Boundary wall 11. Factory sheds 12. Office space for Customs and Security staff not exceeding 500 sq.m.
45
Annexure – 2
Proposed additions in the list of authorized operations
AUTHORIZED ACTIVITIES WHICH CAN BE UNDERTAKEN BY THE DEVELOPER/APPROVED CO-DEVELOER BY DEFAULT FROM THE DATE OF NOTIFICATION
(A) Information Technology/Information Technology Enabled Services/EH & SW, Biotechnology and Gems and Jewellery Special Economic Zone/Handicrafts/Non-conventional Energy including solar energy equipments/cell/stand alone FTWZs:
- Roads with Street lighting, Signals and Signage
- Water treatment plant, water supply lines (dedicated lines up to source), sewage lines, storm water drains and water channels of appropriate capacity.
- Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal, Sewage treatment plants
- Electrical, Gas and Petroleum Natural Gas Distribution Network including necessary sub-stations of appropriate capacity, pipeline network etc.
- Telecom and other communications facilities including internet connectivity
- Rain water harvesting plant
- Air conditioning of processing area
- Fire protection system with sprinklers, fire and smoke detectors
- Landscaping and water bodies
- Boundary wall
- Built up processing area not less than minimum prescribed 1 lakh sq. m.
Office space for staff deployed for DC’s office, customs and
Security staff upto 1000 sq.m.
13. Security offices, police posts, etc, at entry, exit and
other points within and along the periphery of the
site.
14.
Effluent treatment plant and pipelines and other
Infrastructure for Effluent treatment
15.
Common Data centre with inter-connectivity
16.
Play ground
17.
Bus bays
18.
Wi Fi/Wi Max Services
19.
Drip and Micro irrigation systems
46
(B) Sector Specific Special Economic Zones or one or more Services or in a port or airport
Roads with Street lighting, Signals and Signage
2.
Water treatment plant, water supply lines (dedicated lines up to source), sewage
lines, storm water drains and water channels of appropriate capacity.
3.
Sewage and garbage disposal plant, pipelines and other necessary infrastructure
for sewage and garbage disposal, Sewage treatment plants
4.
Electrical, Gas and Petroleum Natural Gas Distribution Network including
necessary sub-stations of appropriate capacity, pipeline network etc.
5.
Effluent treatment plant and pipelines and other infrastructure for Effluent
treatment.
6.
Telecom and other communications facilities including internet connectivity
7.
Rain water harvesting plant
8.
Landscaping and water bodies
9.
Wi Fi and / or Wi max Services
10.
Drip and Micro irrigation systems.
11.
Boundary wall
12.
Factory sheds in processing area
13.
Office space for staff deployed for DC’s office, customs and
Security staff upto 1000 sqm.
14. Security offices, police posts, etc, at entry, exit and
other points within and along the periphery of the site.
15. Common Data centre with inter-connectivity
16. Play ground
17. Bus bays
18. Fire Station, Fire protection system with sprinklers, fire
and smoke detectors
19. Access control and Monitoring system
20. Rail head within the SEZ(only in respect of specialized
SEZs such as steel plants, power SEZs)
Note: “For IT/ITES/EHS, Bio-technology, Gems & Jewellery, Handicrafts sector, Non-Conventional Energy including solar energy equipments/cell and Stand alone FTWZs SEZs of 100 Hectares or more also, the above guidelines shall be applicable”.
47
AUTHORIZED ACTIVITIES WHICH CAN BE UNDERTAKEN BY THE DEVELOPER/APPROVED CO-DEVELOER BY DEFAULT FROM THE DATE OF NOTIFICATION
(C)
Multi Product Special Economic Zones
1.
Roads with Street lighting, Signals and Signage
2.
Water treatment plant, water supply lines (dedicated lines up to source),
sewage lines, storm water drains and water channels of appropriate
capacity.
3.
Sewage and garbage disposal plant, pipelines and other necessary
infrastructure for sewage and garbage disposal, Sewage treatment plants
4.
Electrical, Gas and Petroleum Natural Gas Distribution Network including
necessary sub-stations of appropriate capacity, pipeline network etc.
5.
Effluent treatment plant and pipelines and other infrastructure for Effluent
treatment.
6.
Play ground
7.
Landscaping and water bodies
8.
Wi Fi and / or Wi max Services
9.
Drip and Micro irrigation systems.
10.
Boundary wall
11.
Factory sheds
12.
Office space for staff deployed for DC’s office, customs and
Security staff upto 1000 sqm.
13. Security offices, police posts, etc, at entry, exit and
other points within and along the periphery of the site.
14. Common Data centre with inter-connectivity
15. Bus bays
16. Fire Station, Fire protection system with sprinklers, fire
and smoke detectors
17. Access control and Monitoring system
18. Banks
19. Rail head within the SEZ
20. Telecom and other communication facilities including
internet connectivity
Note: - (i) Suggested changes/additions have been indicated in bigger font which have also been made bold and italicized.
(ii) Suggestions may be made for allowing these activities in processing area or non-processing area or both
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