Agenda of 56th BOA, Meeting 18th January, 2013

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Agenda for the 56th meeting of the Board of Approval to be held on
18th January, 2013, in the Room No. 47, Udyog Bhawan

Item No.56.1: Requests for co-developer

(i) Request of M/s. MPSEZ Utilites Pvt. Ltd. (MUPL), for co-developer in the FTWZ at Village Drub, Tal-Mundra, Kutch, Gujarat, being developed by M/s. Adani Port and Special Economic Zone Ltd.

The above mentioned FTWZ was notified on 26.03.2012 over an area of 168.41 hectares. M/s. MPSEZ Utilites Pvt. Ltd. (MUPL), a subsidiary company of APSEZL has submitted a proposal for becoming a co-developer of the said FTWZ to provide infrastructure facilities/utilities like power, gas, water, effluent treatment plant, sewage etc (Annexure -1).

MUPL has entered into an agreement dated 21.06.2012 with APSEZL whereby APSEZL has authorized MUPL to provide certain infrastructure facilities in the said FTWZ as its co-developer. From the agreement it is observed that:-

(i) The development is for the entire area of the SEZ. (ii) The developer shall give and MUPL shall take, on lease/sub-lease, area in the FTWZ area of 168.41 hectares, right of way, right to use existing facilities, if required, for developing the infrastructure facilities, as per terms and conditions and convenants that may be agreed between the developer and MUPL. The developer and MUPL shall enter into a separate agreement(s) for the purpose.

DC KASEZ has recommended the proposal to be placed before BoA.

The request of the co-developer is submitted for consideration of BoA.

(ii) Request of M/s. HBS City Pvt. Ltd., Mumbai (formerly JB SEZ Private Limited) for co-developer in the sector specific SEZ for Pharmaceutical at Panoli near Ankleshwar, Bharuch District, Gujarat, being developed by M/s. HBS Pharma SEZ Private Limited

The above mentioned SEZ notified on 9th January, 2009 over an area of 125.04.94 hectares.

M/s. HBS City Pvt. Ltd. Mumbai has submitted a proposal for becoming a co- developer in the aforesaid SEZ to undertake all the authorized operations which were granted to the developer vide DOC’s letter dated 24th Nov., 2010 i.e. for providing infrastructure facilities, construction of residential and commercial buildings, educational institute, health care, bank, etc in the non-processing area of the SEZ (Annexure -2).

DC KASEZ has recommended the proposal to be placed before BoA.

The request of the co-developer is submitted for consideration of BoA.

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Item No. 56.2: Request for increase/decrease in area

(i) Request of M/s. Reliance Industries Limited for de-notification of a portion of land in the multi product SEZ at Jamnagar, Gujarat

The above mentioned SEZ stands notified over an area of 1764.14 hectares. The developer has requested for partial de-notification of an area of 728.43 hectares, thereby, making the total area of SEZ as 1035.72 hectares and, therefore, would continue to be eligible as multi product SEZ.

The developer has applied for partial de-notification so as to implement a number of new projects in the Domestic Tariff Area (DTA) in Jamnagar, near the SEZ. The proposed projects will mainly cater to the significant existing domestic demand/requirement. The proposed investment in these projects would be Rs. 45,000 crores, after de-notification of the above area.

DC, Reliance SEZ has recommended the request of the developer, subject to refund of all benefits availed.

The request of the developer is placed before the BoA for consideration.

(ii) Request of Kerala State Information Technology Infrastructure Limited (KSITI Ltd) for addition of area in sector specific SEZ for IT/ITES at Nellikode and Panthirankavu village, Kozhikode, Kerala

The above mentioned SEZ was notified on 27th May, 2011 over an area of 10.1210 hectares. The developer has requested for addition of an area of 1.5637 Ha, thereby making the total area as 11.6847 Ha. The reasons for the developer are as under:-

KSITIL now enjoys the possession of additional land measuring 1.5637 hectares, which is contiguous to the already notified SEZ with an area of 10.1210 hectares. Addition of this land would be advantageous to the existing SEZ since more space could be available for developing IT infrastructure and processing area.

The area to be added to the SEZ is more than 10% of the area of the SEZ.

DC, CSEZ has recommended the request of the developer.

The request of the developer for increase in area is submitted for consideration of the Board of Approval.

(iii) Request of M/s. Dell International Services India Pvt. Ltd. (formerly M/s. Perot Systems TSI (India) Private Limited for increase in space allotted to him in sector specific SEZ for IT/ITES at Coimbatore, Tamil Nadu being developed by M/s. Coimbatore Hi-Tech Infrastructure Pvt. Ltd.

M/s. Dell International Services India Pvt. Ltd. (formerly M/s. Perot Systems TSI (India) Private Limited was granted co-developer status in the sector specific SEZ for IT/ITES at Coimbatore, Tamil Nadu, for developing infrastructure facilities in 2.9 hectares area vide LoA dated 12.10.2007.

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The developer has now sought an approval for granting the above mentioned co- developer an additional area of 2 cents, thereby, increasing its area of operations. The co- developer has entered into a lease agreement dated 7th September, 2009 with the developer for taking an additional area of 2 cents. Thus the co-developers area of operation in the SEZ has gone up from 2.91 hectares originally allotted to 2.92 hectares.

DC, MEPZ has given his recommendation after noticing that although approval sought is a belated one, since lease agreement has already been executed between the developer and co-developer for leasing of additional area of 2 cents to the co-developer.

The request is placed before BoA for consideration and ratification.

Item No. 56.3: Requests for de-notification

(i) Request of M/s. Gujarat Hydrocarbons and Power SEZ Limited for de- notification of the sector specific SEZ for Oil and Gas at village Vilayat, Taluka Vagra, District Bharuch, Gujarat, notified over an area of 139-90-46 hectares

The above mentioned SEZ was notified on 23rd March, 2010 over an area of
139-90-46 hectares. Now, the developer has requested for de-notification of the SEZ on the grounds of non-viability of the project due to change in SEZ Policy – withdrawal of promised fiscal benefits viz. imposition of MAT on developer & SEZ units and withdrawal of Income Tax benefit for the units set up after March, 2014, etc.

DC, KASEZ has recommended the request, subject to conditions of refund and taxes and benefits availed under the SEZ Act and Rules.

The request of the developer for de-notification of SEZ is placed before the BoA for consideration.

Item No. 56.4: Requests for withdrawal of formal approval

(i) Withdrawal of formal approval granted to Maharashtra Industrial Development Corporation for setting up of sector specific SEZ for Textile at Kagal, Dist. Kolhapur, Maharashtra

Maharashtra Industrial Development Corporation was granted formal approval for setting up of a sector specific SEZ for Textile at Kagal, Dist. Kolhapur, Maharashtra, over an area of 104 hectares, vide LoA dated 5th April, 2006. The SEZ is yet to be notified. Now, the developer has requested for withdrawal of formal approval. The developer has stated that the SEZ was proposed to be developed through co-developer(s). However, due to implementation of Direct Tax Code Policy, there was no response from the infrastructure developers. MIDC has, therefore, decided to scrap the project.

DC SEEPZ SEZ has recommended the proposal.

The request of the developer for withdrawal of formal approval is placed before the BoA for consideration.

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Item No.56.5: Requests for extension of validity of formal approvals beyond 5th & 6th year

BoA in its meeting held on 14th September, 2012, examining similar cases observed as under: -

“The Board advised the Development Commissioners to recommend the requests for extension of formal approval beyond 5th year and onwards only after satisfying that the developer has taken sufficient steps towards operationalisation of the project and further extension is based on justifiable reasons. Board also observed that extensions may not be granted as a matter of routine unless some progress has been made on ground by the developers. The Board, therefore, after deliberations, extended the validity of the formal approval to the requests for extensions beyond fifth years for a period of one year and those beyond sixth year for a period of 6 months from the date of expiry of last extension”.

(i) Request of M/s. Tata Consultancy Services Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District, Andhra Pradesh, beyond 3rd February, 2013 (beyond 5th year)

The developer was granted formal approval for setting up the above mentioned SEZ, over an area of 30.35 hectares, vide LoA dated 4th February, 2008. The SEZ was notified on
4th February, 2009 over an area of 30.35 hectares. The developer has already been granted two extensions. The validity of the last extension was up to 3rd February, 2013. The developer has requested for further extension of the validity.

The reason given by the developer to apply for extension are due to delay taking place to resolve the issues of certain encumbrances (Annexure - 3).

The developer has informed of starting implementation of the project including construction of boundary wall, two buildings etc.

DC VSEZ has recommended the request of the developer.

The request is placed before BoA for consideration.

(ii) Request of M/s. J.T. Holdings Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Maheshwaram Mandal, District Ranga Reddy, Andhra Pradesh, beyond
25th October 2012 (beyond 6th year)

The developer was granted formal approval for setting up the above mentioned SEZ, over an area of 28.33 hectares, vide LoA dated 26th October 2006. The SEZ was notified on
18th May 2007 over an area of 28.33 hectares. The developer has already been granted three extensions. The validity of the last extension was up to 25th October, 2012. The developer has requested for further extension of the validity.

The reason given by the developer to apply for extension are global recessionary trends in Financial Year 2009-2010, coupled with financial credit crunch, the project

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encountered slow rate of implementation. Besides the infrastructure and project support by the State Government in terms of power & water supply, road & rail connectivity, etc was not offered, leading to delay in project implementation

DC VSEZ has informed that the developer has completed construction work for 1 building as on 30.09.2012. It has constructed Built up area of 1,26,443.52 sq. ft. in the above cited SEZ as on 30.09.2012, the actual expenses incurred for the project aggregate around Rs. 40.08 crores.

DC VSEZ has recommended the request.

The request is placed before BoA for consideration.

(iii) Request of M/s. Bagmane Builders Private Limited for fourth extension of the validity period of formal approval, granted for setting up of IT/ITES SEZ at KR Puram, Bangalore North, Karnataka beyond 25th October 2012 (beyond 6th year)

The developer was granted formal approval for setting up the above mentioned SEZ, over an area of 15.5 hectares, vide LoA dated 26th October, 2006. Subsequently, in the BoA meeting held on 16th September 2010, the developer was granted approval to reduce the area of the SEZ to 10.42 hectares. The SEZ is yet to be notified. As on date the developer has been granted three extensions, the third one being extended up to 25.10.2012. The developer has requested for fourth extension citing economic recession followed by market meltdown and uncertainty on the continuity of fiscal benefits for SEZ developers and SEZ units under the Direct Tax Code regime, as the reasons for the same.

DC, CSEZ has, after taking note of the delay in implementation of the project, called upon the developer for detailed discussions and recorded his conversation (Annexure -4).

DC, CSEZ has recommended the request of the developer for grant of fourth extension of one year, subject to the condition that the process of notification will be completed by the developer within the extended period and that future extension of validity of LoA shall be considered only if the land is notified and implementation of the project is commenced within the extended period.

The request of the developer for grant of fourth extension of the validity of formal approval is placed before the BoA.

(iv) Request of M/s. G.P. Realtors Private Limited for fourth extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at village Behrampur, District Gurgaon, Haryana, beyond 13th November 2012 (beyond
6th year)

The developer was granted formal approval for setting up the above mentioned SEZ, vide LoA dated 14th November 2006. The SEZ was notified on 4th May 2009 over an area of 18.86858 hectares. The developer has already been granted three extensions. The validity of the last extension was up to 13th November, 2012.

The developer, while applying for further extension has informed of taking following steps for implementation of the project (Annexure -5):-

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(i) Complete fencing has been done for 20.2907 hectares (ii) HUDA 60m wide sector road near site under construction (iii) Master Plan approved by UAC on 12.06.2012 (iv) Zoning plan approved by UAC on 14.08.2012 (v) Environment clearance pending from state committee in Haryana; expected to be received by November, 2012 (vi) Building plan submitted for approval plan 12.09.2012

DC NSEZ has recommended grant of further extension for a period of one year from the expiry of last extension.

The request is placed before BoA for consideration.

(v) Request of M/s. Stargaze Properties Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Raviriyal village, District Ranga Reddy, Andhra Pradesh, beyond
25th October 2012 (beyond 6th year)

The developer was granted formal approval for setting up the above mentioned SEZ, over an area of 68.96 hectares, vide LoA dated 26th October 2006. The SEZ was notified on
1st June 2007 over an area of 68.96 hectares. The developer has already been granted three extensions. The validity of the last extension was up to 25th October, 2012. The developer has requested for further extension of the validity.

The developer has submitted the details of developmental work done in the SEZ and has intimated that Rs. 158.50 crores have been invested in the project. He has also informed of constructing built up area of 1,01,736.70 sq. ft in his SEZ and hopes to get some clients by March, 2013.

DC VSEZ has recommended the proposal for consideration of BoA.

The request is placed before BoA for consideration.

(vi) Request of M/s. Parsvnath SEZ Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Aluva Taluk, Ernakulam, beyond 26.10.2012 (beyond 6th year)

The developer was granted formal approval for setting up the above mentioned SEZ, over an area of 30.76 hectares, vide LoA dated 26th October 2006. The SEZ is yet to be notified. The developer has already been granted three extensions. The validity of the last extension was up to 25th October, 2012. The developer has requested for further extension of the validity.

The developer has submitted the details of developmental work done in the SEZ and has intimated that Rs. 22.52 crores has been invested by him in the project till date. He has also informed of submitting its proposal for notification of the SEZ to DoC.

DC, CSEZ has noted the delay in submission of the request for extension of LoA and has requested for condoning the same. Taking into consideration the investments that the

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developer has made in the project and also since the SEZ is already under process of notification. DC CSEZ has recommended the extension of LoA for a further period of one year beyond 25.10.2012.

The proposals for extension of LoA for a period of one year beyond 25.10.2012 and change in name of the developer are placed before BoA for its consideration.

Item No. 56.6: Request for grant of third extension of in-principle approval.

S. No. Name of the Developer Sector and area Location of the SEZ Remarks 1. M/s. Mumbai Futuristic Economic Zone Pvt. Ltd.
(Formerly Quippo Infrastructure Equipment Ltd.) Engineeri ng, over an area of 250 hectares Alibag, Raigad, Maharashtra In-principle approval was granted to the proposal vide LoA dated 15.11.2006. Thereafter, de-novo in-principle approval w.e.f. 15.11.2009 was granted vide LoA dated 29.01.2010. Subsequently, two extensions have also granted, the validity of which has expired on 15.11.2012. The developer has already acquired 120 ha of land out of 250 ha. The developer has requested for extending the validity further submitting the present status of implementation of SEZ project (Annexure-6). DC SEEPZ has recommended grant of further extension of the in-principle approval.

Item No. 56.7: Request for grant of fourth extension of in-principle approval.

S. No. Name of the Developer Sector and area Location of the SEZ Remarks 1. M/s. Taneja Aerospace and Aviation Limited Airport/ Aviation including MRO, 101.1714 hectares Denkarukott ai Taluk, Hosur, Tamil Nadu In-principle approval was granted vide LoA dated 21st November, 2008. The developer has already been granted three extensions. At the time of giving the 3rd extension, BoA was informed that the developer had acquired 74.0859 ha of land and expected to acquire the balance land within 6-9 months. Therefore, BoA granted third extension with directions that no further extension of in-principle approvals for SEZs shall be allowed beyond the third extension.

However, DC MEPZ has again forwarded request from the developer for fourth extension. He has informed that he has acquired 75.7045 ha of land and expects to acquire the balance land within 6-9 months. In view of the above DC has given no comments on the request.

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Item No. 56.8: Request from M/s. Posco-India Private Limited for grant of extension of in-principle approval for 7th year.

M/s. Posco-India Private Limited a Multi Product SEZ, over an area of 1620.496 hectares in Jagatsinghpur District, Orissa, who was granted LoA on 26th October, 2006, has applied for extension of their SEZ project for the 7th year.

The proposal was considered by BoA in its meeting held on 23.11.2012. The Board noted that the State Government’s views on the issue had not been received, so far. After deliberations BoA deferred the matter, to be decided after taking into account the views of the State Govt.

The State Government has now recommended the proposal with a condition that the establishment of SEZ will be subject to necessary clearance under different laws as applicable.

The proposal is accordingly placed before BoA for its consideration.

Item No. 56.9: Requests for extension of LoP of units beyond 1st to 4th year

(i)
Request of M/s. KSK Surya Photovoltaic Venture Private Limited, a unit in the sector specific SEZ for Semiconductors being developed by M/s. FAB City SPV (India) Private Limited at Raviryala village, Maheswaram Mandal, Ranga Reddy District, Andhra Pradesh, for extension of Letter of Permission (LOP) beyond
11th November 2012 (beyond 4th year)

M/s. KSK Surya Photovoltaic Venture Private Limited, was granted LoP for setting up a unit in the above mentioned SEZ, vide LoP dated 12.11.2008 for manufacture of Photovoltaic Cells. The unit has been granted two extensions by the O/o DC, VSEZ and the third extension by BoA up to 11.11.2012. The unit has requested for further extension of the validity of the LoP beyond 11.11.2012.

In terms of Rule 19(4) of SEZ Rules, DC came grant extension of LoP up to three years. The present proposal has, therefore, been forwarded by DC VSEZ to be placed before BoA

DC VSEZ after examining the case has recommended the same for its consideration by BoA (Annexure -7).

In view of the above position the request of the unit for grant of further extension of LoP beyond 11th November, 2012 is placed before the BoA for consideration.

(ii)
Request of M/s. Embedded IT Solutions (India) Private Limited, a unit in the sector specific SEZ for Semiconductors at Raviryala village, Maheswaram Mandal, Ranga Reddy District, Andhra Pradesh being developed by M/s. FAB City SPV (India) Private Limited, SEZ, for extension of Letter of Permission (LOP) beyond
22nd December, 2012 (beyond 4th year)

M/s. Embedded IT Solutions (India) Private Limited, was granted LoP for setting up a unit in the above SEZ, vide LoP dated 23rd December, 2008 for manufacture of Semi

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Conductors and PCT manufacturing unit. Subsequently, on request of the unit, DC had extended LoP of the unit up to 22nd December, 2012. The unit has requested for further extension of the validity of the LoP.

In terms of Rule 19(4) of SEZ Rules, DC came grant extension of LoP up to three years. The present proposal has, therefore, been forwarded by DC VSEZ to be placed before BoA

DC VSEZ has, after noting down the updated activity status of the project
(Annexure -8) has recommended for extension of validity of its LoP for a further period of one year up to 22.12.2013.

The request is placed before the BoA for consideration.
(iii) Request of M/s. Anjani Udhyog Pvt. Ltd., a unit in APSEZ, for extension of LoP beyond 27th March 2012 (beyond 4th year)

M/s. Anjani Udhyog Pvt. Ltd. was granted LoP for setting up a unit in the above mentioned SEZ, vide LoP dated 28.03.2008. Subsequently, on request of the unit, DC had extended LoP of the unit up to 27th March, 2011. The unit has requested for further extension of the validity.

In terms of Rule 19(4) of SEZ Rules, DC came grant extension of LoP up to three years. The present proposal has, therefore, been forwarded by DC APSEZ to be placed before BoA

DC APSEZ has examined the issue in detail and has given its recommendation for extending the LoP up to 27.03.2013 (Annexure -9)

The request is placed before the BoA for consideration.

(iv) Request of M/s. Dynamic Powertech Pvt. Ltd. a unit in M/s. Mahindra World City (Jaipur) Ltd. SEZ, sector specific SEZ on Engineering, for extension of LoP beyond 22.06.2012 (beyond 4th year)

M/s. Dynamic Powertech Pvt. Ltd. was granted LoP for setting up a unit in the above mentioned SEZ, vide LoP dated 22.06.2009. Subsequently, on request of the unit, DC had extended LoP of the unit up to 22.06.2011. The unit has requested for further extension of the validity.

In terms of Rule 19(4) of SEZ Rules, DC came grant extension of LoP up to three years. The present proposal has, therefore, been forwarded by DC NSEZ to be placed before BoA

DC NSEZ has examined the issue in detail and has given its recommendation for extending the LoP up to 27.03.2013 (Annexure -10)

The request is placed before the BoA for consideration.

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(v) Request of M/s. Torrent Pharmaceuticals (Dahej), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 2nd December, 2012 (beyond 4th year)

M/s. Torrent Pharmaceuticals (Dahej) was granted LoP for setting up a unit in the above mentioned SEZ, vide LoP dated 3rd December, 2008. Subsequently, on request of the unit, DC had extended LoP of the unit up to 2nd December, 2012 in respect of manufacturing activity. Now the unit has requested for further extension of the LoP for a period of one year.

DC Dahej SEZ, while recommending the proposal has informed that the unit has completed infrastructural facilities over there plot (site photographs attached)
(Annexure-11).

In terms of Rule 19(4) of SEZ Rules, DC came grant extension of LoP up to three years. The present proposal has, therefore, been forwarded by DC Dahej to be placed before BoA

The request is placed before the BoA for consideration.
(vi) Proposal of DC MEPZ for seeking extension of validity of LoP of M/s Trishiraya recycling Pvt. Ltd. a unit in MEPZ and approval for its capacity enhancement

M/s Trishiraya recycling Pvt. Ltd. was granted approval for setting up of a unit vide, LoP dated 4th April, 2000 for recycling of ferrous/non ferrous/electrical and other scrap and converted into SEZ scheme w.e.f. 22.03.2003. Their 2nd five year period has expired on 31.12.2012. The unit has now requested for renewal of its SEZ status for the next five year period i.e. from 01.01.2013 to 31.12.2017.

The unit has also requested for capacity enhancement from the present 1500 M.T. to 4500 M.T. for the item of exports recommended by the Tamilnadu Pollution Control Board.

The present proposal has been forwarded by DC MEPZ to be placed before BoA in terms of Rule 18(4) of SEZ Rules.

DC MEPZ has furnished the performance of the unit (Annexure -12). It has been recommended that as the unit is undertaking recycling activity, both the requests of the unit be placed before BoA for its consideration.

The request of extension is placed before BoA for its consideration

(vii) Proposal of DC FSEZ for extension of validity of LoP of M/s Gujarat Textiles a unit in FALTA SEZ

M/s Gujarat Textiles was granted approval for setting up of a unit vide, LoP dated
25th March, 2000 for manufacture of processed garments/all kind of rags etc. The unit became operational on 17th July, 2000. The first block of five years ended on 16th July, 2005. The LoP of the unit was further extended up to 31st December, 2007. BoA in its meeting held on 28.11.2011 ratified the decision of UAC, FSEZ to extend the LoP of the unit w.e.f. 01.01.2008 to 31.12.2012 subject to the condition that no DTA transaction shall be allowed.

The present proposal has been forwarded by DC FSEZ to be placed before BoA in terms of Rule 18(4) of SEZ Rules.

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DC FSEZ has now furnished the performance of the unit during the last five years (Annexure -13). It has been recommended that as the unit has just taken export activities, their LoP may be extended subject to the condition that rental dues to be cleared for which letters have been issued to the unit by DC’s office.

The request of extension is placed before BoA for its consideration

Item No. 56.10: Request for relocation/transfer of a SEZ unit in respect of M/s. Maveric Systems Ltd. , Chennai from L&T Arun Excello IT SEZ (Now L&T Chennai Projects Pvt. Ltd.), Vallancheri village, Chengalpattu Taluk, Kancheepuram District, Tamil Nadu to sector specific IT/ITES SEZ of DLF Info City Developers (Chennai) Limited, Manapakkam, Chennai, Tamil Nadu

M/s. Maveric Systems Ltd., Chennai, a unit in L&T Arun Excello IT SEZ (Now L&T Chennai Projects Pvt. Ltd.), Vallancheri village, Chengalpattu Taluk, Kancheepuram District, Tamil Nadu was granted LoP on 01.04.2009 by the O/o DC, STPI, Chennai. The unit has now applied for its relocation/transfer to sector specific IT/ITES SEZ of DLF Info City Developers (Chennai) Ltd., Manapakkam, Chennai.

The request of the unit has been examined by DC, MEPZ, in detail and in its conclusion DC, MEPZ has recommended the proposal (Annexure-14).

The request is accordingly placed before BoA for its consideration.

Item No. 56.11: Request from M/s. Meghmani Industries Limited for establishment as a unit in Dahej SEZ for trading in Chemical and Agro-Chemical products

The above mentioned firm applied for establishment of a unit in Dahej SEZ for trading in “all kind of chemical products falling under ITC (HS) Chapter 28, 29, 32, 34 & 38 including but not limited to & more particularly deal in Agro Chemicals such as Posticides, Insecticides. Herbicides and Fungicides falling under ITC (HS) Code 3808” (Annexure -15).

The project proposal was discussed in the 41st meeting of the UAC of Dahej SEZ on 27.07.2012. It was observed by the committee that apart from other permissions from local bodies, the import of the Agro Chemical products requires the import license from Central Insecticides Board (CIB) under the Insecticides Act, 1968. As per the proviso of Rule 26 of SEZ Rules, 2006 if any permission is required for import under any other law, the same shall be allowed with the approval of the BoA.

The request is accordingly placed before BoA for its consideration.

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Item No. 56.12: Appeals before BoA

(i) Appeal of M/s. Flextronics Technologies (India) Private Limited, against permission/denial for undertaking reengineering/remanufacturing of used cartridges for multi-functional printer and devices and supply in DTA

M/s. Flextronics Technologies (India) Private Limited, a developer of sector specific SEZ for Electronic Hardware and related support services at Sriperumbudur, Tamil Nadu (M/s. Flextronics Technologies (India) Pvt. Ltd. which also operates a unit in the same SEZ, sought permission for undertaking reengineering/remanufacturing of used cartridges for multi functional printer and devices and supply in DTA.

The above permission was rejected by UAC (in MEPZ zone) in its meeting held on 26.03.2012 as supply of such products in DTA is in contravention of provision 18(4) of SEZ Rules stipulating that all repaired, reconditioned, re-engineered goods including waste/scrap/remnants shall be exported and nothing shall be sold in DTA.

The appellant has filed the instant appeal (Annexure -16) against the above rejection on the grounds that the overseas customer has established and invested in the infrastructure to repair in the existing SEZ unit for the export market, the idle capacity in their setup will be used by the same customer for their Indian demand.

The appeal is placed before the BoA for consideration.

(ii) Appeal of M/s. E.I. Dupont Services Centre India Private Limited, a unit in VSEZZ being developed by M/s. DLF Commercial Developers Limited, IT/ITES SEZ at Gachibowli, Village, Serilingampally Mandal, Ranga Reddy District, Andhra Pradesh against rejection of its request to ‘Rent a Cab Services’ services’.

M/s. E.I. Dupont Services Centre India Private Limited had requested approval for ‘Rent a Cab Services’ services’. The proposal of the unit was placed in the meeting of the Approval Committee held on 31.05.2012, whereupon, the same was rejected by its members

The unit vide its letter dated 04.10.2012 has appealed against the decision of the UAC in prescribed format (Annexure -17).

The appeal was placed before BoA in its meeting held on 23rd November, 2012 but was deferred due to non appearance of the appellant.

The appeal is again placed before the BoA for consideration.

(iii) Appeal of M/s. Mayar Infrastructure Development Pvt. Ltd. (MIDPL), against the decision made in UAC NSEZ dated 25.10.2012.

M/s. Mayar Infrastructure Development Pvt. Ltd. (MIDPL), a developer of sector specific SEZ for Biotech at Village Rakha and Nimoth, Tehsil Sohna, District Gurgaon, Haryana sought the approval from UAC of NSEZ for purchase of 4 Toyota Innova 2.5 E Diesel, estimated value of which is Rs. 38,12,360.00 and 4 Hero Honda Passion Plus Motor Cycle (estimated value Rs. 1,97888.00) under the default authorized operation security office police post etc. and entry, exit and other points within and along the periphery of the SEZ and

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a Tractor for carrying out biotechnology waste as well as disposal of waste material and for landscaping, under the authorized operation of landscaping and water bodies.

The UAC NSEZ in its meeting held on 25.10.2012 rejected the request of the developer on the ground that such requirement is not necessary at the site.

The appellant has filed the instant appeal (Annexure -18) against the decision of the UAC.

The appeal is placed before the BoA for consideration.

(iv) Appeal of M/s. Raheja SEZs Limited against rejection of its LoA extension, for a period of one year w.r.t setting up of sector specific SEZ for Engineering at Village Hamipur, Khetawas, Saidpur & Wazirpur, District, Gurgaon, Haryana

The developer was granted formal approval for setting up the above mentioned SEZ, vide LoA dated 18.08.2007, over an area of 102 hectares. The SEZ was notified on 10th March, 2008 over an area of 103.0154 hectares. The developer was granted extension of two years. The validity of the last extension was up to 09.08.2012. The developer requested for further extension of validity till 09.08.2013. The request was made after the expiry of the validity. The request was considered by the BoA in its meeting held on 23rd November, 2012 and after deliberations was rejected.

The appellant has filed the instant appeal (Annexure -19) against the aforementioned decision of the BoA.

The appeal is placed before the BoA for consideration.

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