IN FORCE Agenda SEZ / EOU / FTWZ 2013-08-30

Agenda of 59th BoA SEZ Meeting 30th August, 2013

Document text

Agenda for the 59th meeting of the Board of Approval to be held on
30th August, 2013, in the Room No. 47, Udyog Bhawan

Item No. 59.1: Proposals for setting up of SEZs

S. No Name of the Developer Location
Sector Area (in ha) Land Possession SGR* Status of application (i) M/s. Transcendent Developers Pvt. Ltd. Wagholi & Bhavadi, Taluka Haveli, Dist. Pune, Maharashtra IT/ITES 13.01 Yes Yes New (ii) M/s. iGate Global Solutions Ltd. Plot No. IT-3, IT-4, Airoli Knowledge Park, TTC Industrial Area, MIDC, Navi Mumbai
Electronic Hardware & Software including ITES 14.17 Yes Yes New (iii) M/s. Adani Ports and Special Economic Zone Ltd. (APSEZL) Mundra Taluka, District Kutch, Gujarat Multi Product 1856.5335 Yes No New *State Government Recommendation

Item No. 59.2: Proposal for conversion of in-principle to formal approval

S. No. Developer
Location
Sector
Area
(in ha.) Remarks (i) M/s. OPGS Power Gujarat Pvt. Ltd. Bhadreshwar, Mundra, Kutch, Gujarat Engineering 55.2495 65

In-principle approval was granted in the meeting of BoA held on 6th July, 2012. LoA was issued on 5th December, 2012 over 104.72.24 hectares. The developer has now requested for conversion of in- principle approval to formal approval over an area of 55.249565 hectares. The land is in possession of the developer [site inspection carried out in the presence of representative of State Govt. (Revenue)]. State Government of Gujarat’s recommendation on formal approval is awaited.

Item No.59.3: Request for co-developer

(i) Request of M/s. DLF Utilities Ltd. for co-developer in the sector specific SEZ for IT/ITES at New Town, Rajarhat, Kolkata, West Bengal, being developed by M/s. DLF Limited

The above mentioned SEZ is notified over an area of 10.4813 hectares.

M/s. DLF Utilities Limited has submitted a proposal for becoming a co-developer in the aforesaid SEZ to carry out infrastructure facilities/authorized operations over an area of 10.4813 hectares as under:

(a) Development and/or operation and maintenance of SEZ buildings. (b) Engineering Maintenance including electrical and mechanical works; heating, ventilation and air conditioning (HVAC) systems; fire detection & Alarm Systems, water supply, storm drainage and sewage disposal, building upkeep services including maintenance of lift, lobby, conference hall, parking area utility area, garbage and scrap disposal, horticulture, pest control, façade cleaning services. (c) Security services (d) Fire & life safety measures (e) Generation of Electricity & for Chilled water

Co-developer agreement dated 19th February, 2013 entered into with the developer has also been provided. Provisional lease agreement proposed to be executed has also been provided. Lease period is 30 years. Lease Rent is an annual amount of Rs. 24,00,000 per acre as rent computed on the basis of 10% of either the prevailing circle rate prescribed by the relevant state authorities or the book value of the Leased Land, whichever is lower, duly certified by independent CA or Rs. 25 Per Sq. Ft. of built up space.

DC FSEZ has recommended the proposal.

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

Item No. 59.4: Requests for Authorized Operations

(i) Proposal of M/s. DLF Utilities Limited, a co-developer in sector specific SEZ for IT/ITES at Chennai, Tamil Nadu developed by M/s. DLF Info City Developers (Chennai) Limited for inclusion of additional authorized operation in the processing area of the SEZ

The above mentioned SEZ stands notified over an area of 17.43 hectares.

The co-developer, M/s. DLF Utilities Ltd was originally issued LoA dated 17.06.2008 for the following authorized operations in the processing area of its SEZ:-

“Setting up a co-generation plant to install and commission gas turbine based power generating sets by setting up energy centres to provide electricity at a single source and generate chilled water using vapour absorption machines”

The above authorized operations were modified by DoC on 7th October, 2008 with prior approval from BoA, with the quantum of power capacity being increased from 48 MW to 84 MW.

The co-developer has now requested for including following additional authorized operations in the processing area of the SEZ:-

services including maintenance of lift, lobby, conference hall, parking area utility area, garbage and scrap disposal, horticulture, pest control, façade cleaning services. (iii) Security services (iv) Fire & life safety measures

The present request for additional operations is on the basis of addendum dated 19.03.2013 to the original agreement dated 01.05.2008.

DC MEPZ, after examining the proposal has recommended the same for approval

The request is placed before the BoA for consideration.

(ii) Proposal of M/s. DLF Utilities Limited, a co-developer in sector specific SEZ for IT/ITES at Sector 30, Village Silokhera, Gurgaon, Haryana developed by M/s. DLF Limited for inclusion of additional authorized operation in the processing area of the SEZ

The above mentioned SEZ stands notified over an area of 14.97 hectares.

The co-developer, M/s. DLF Utilities Ltd was originally issued LoA dated 17.06.2008 for the following authorized operations in the processing area of its SEZ:-

The above authorized operations were modified by DoC on 7th October, 2008 with prior approval from BoA, with the quantum of power capacity being increased from 48 MW to 84 MW.

The co-developer has now requested for including following additional authorized operations in the processing area of the SEZ:-

(i) Development and/or Operation and maintenance of SEZ buildings (ii) Engineering Maintenance including electrical and mechanical works; heating, ventilation and air conditioning (HVAC) systems; fire detection & Alarm Systems, water supply, storm drainage and sewage disposal, building upkeep services including maintenance of lift, lobby, conference hall, parking area utility area, garbage and scrap disposal, horticulture, pest control, façade cleaning services. (iii) Security services (iv) Fire & life safety measures

The present request for additional operations is on the basis of addendum dated 19.03.2013 to the original agreement dated 16.04.2008.

DC NSEZ, after examining the proposal has recommended the same for approval.

The request is placed before the BoA for consideration.

(iii) Proposal of M/s. DLF Utilities Limited, a co-developer in sector specific SEZ for IT/ITES at Sector 24&25 A, DLF Cyber City, Gurgaon, Haryana developed by M/s. DLF Cyber City Limited for inclusion of additional authorized operation in the processing area of the SEZ

The above mentioned SEZ stands notified over an area of 10.30 hectares.

The co-developer, M/s. DLF Utilities Ltd was originally issued LoA dated 20.08.2008 for the following authorized operations in the processing area of its SEZ:-

“Setting up a co-generation plant to install and commission gas turbine based power generating sets in the above mentioned SEZ”

The above authorized operations were modified by DoC on 22nd December, 2009 with prior approval from BoA, by approving 2x12 MW power plant and 2 million sq ft. of air conditioning space.

The co-developer has now requested for including following additional authorized operations in the processing area of the SEZ:-

The present request for additional operations is on the basis of addendum dated 19.03.2013 to the original agreement dated 16.04.2008.

DC NSEZ, after examining the proposal has recommended the same for approval

The request is placed before the BoA for consideration.

(iv) Proposal of M/s. DLF Utilities Limited, a co-developer in sector specific SEZ for IT/ITES at Gachibowli Village, Ranga Reddy Mandal, Ranga Reddy District, Andhra Pradesh developed by M/s. DLF Commercial Developers Limited for inclusion of additional authorized operation in the processing area of the SEZ

The above mentioned SEZ stands notified over an area of 10.617 hectares.

The co-developer, M/s. DLF Utilities Ltd was originally issued LoA dated 17.06.2008 for the following authorized operations in the processing area of its SEZ:-

The above authorized operations were modified by DoC on 7th October, 2008 with prior approval from BoA, with the quantum of power capacity being increased from 48 MW to 84 MW.

The co-developer has now requested for following Additional Authorized operations in the processing area of the SEZ:-

The present request for additional operations is on the basis of addendum dated 19.03.2013 to the original agreement dated 16.04.2008.

DC VSEZ, has recommended the proposal subject to the condition that the developers/co-developers submit list of assets held by them and revised bond cum LUT for change in projections which would then be placed before the BoA.

The request is placed before the BoA for consideration.

Item No. 59.5: Request for withdrawal of formal approval

(i) Withdrawal of formal approval granted to M/s. Claridges SEZ Developers Pvt. Ltd. for setting up of sector specific SEZ for Multi Services at Village Sarang, Taluka Khalapur, district Raigad, Maharashtra

The above mentioned SEZ was granted formal approval over an area of 108 hectares, vide LoA dated 27th June, 2006. The SEZ is yet to be notified. Now, the developer has requested for withdrawal of formal approval due to changed economic scenario and imposition of MAT/DTC etc.

DC SEEPZ has recommended the proposal.

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

Item No. 59.6: Requests for de-notification

(i) Request from M/ Khed Economic Infrastructure Pvt. Limited, developer of Multi-product SEZ at Taluka Shirur and Khed District, Pune, Maharashtra for:

(a) Decrease in the notified area of 1000 ha to 100 ha and; (b) Retention of balance 100 ha as Sector Specific SEZ i.e. Engineering & Electronics.

The developer has submitted:

(a) Form C-5 for decrease in area and; (b) Form C-3 for seeking change in Sector from Multi-product SEZ to Sector Specific SEZ i.e. Engineering & Electronics.

due to poor demand for plots in SEZ, adverse impact of MAT and DDT

DC SEEPZ has recommended the proposals for consideration by BoA.

The proposals are placed before BoA for its consideration.

(ii) Request from M/s. Orient Craft Infrastructure Ltd., a sector specific SEZ for Textile at Village Jhund Sarai, Bhangrola & Bans Hariya, Distt. Gurgaon, Haryana, for de-notification of its SEZ notified over an area of 142.1024 hectares.

The above mentioned SEZ stands notified on 13th April, 2007 over an area of
142.1024 hectares.

Now, the developer, has requested for de-notification of the SEZ on the grounds of its non viability

DC, NSEZ has recommended the request, with following remarks:

(i) There is no unit in the zone (ii) An amount equivalent to the tax/duty exemption availed has been deposited to the Government account.

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

(iii) Request from M/s. Orient Craft Infrastructure Ltd., a sector specific SEZ for IT/ITES at Village Bans Hariya, Distt. Gurgaon, Haryana, for de-notification of its SEZ notified over an area of 26.56019 hectares.

The above mentioned SEZ stands notified on 1st March, 2011 over an area of
26.56019 hectares.

Now, the developer, has requested for de-notification of the SEZ on the grounds of its non viability

DC, NSEZ has recommended the request for de-notification.

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

(iv) Request from M/s. Uttam Galva Steel Ltd., a sector specific SEZ for IT/ITES at Village Dahivali, Taluka Khalapur, Dist. Raigad, Maharashtra, for de-notification of its SEZ notified over an area of 14-43-2 hectares.

The above mentioned SEZ stands notified on 12th March, 2009 over an area of
14-43-2 hectares.

Now, the developer has requested for de-notification of the SEZ due to general recession in biotechnology sector and local disadvantage.

DC, SEEPZ has recommended the request for de-notification.

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

(v) Request from M/s. Uttam Galva Steel Ltd., a sector specific SEZ for IT/ITES at Village Devnave, Taluka Khalapur, Dist. Raigad, Maharashtra, for de-notification of its SEZ notified over an area of 10-71-9 hectares.

The above mentioned SEZ stands notified on 19th June, 2009 over an area of
10-71-9 hectares.

Now, the developer has requested for de-notification of the SEZ due to general recession in biotechnology sector and local disadvantage.

DC, SEEPZ has recommended the request for de-notification.

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

(vi) Request from M/s. Vatika Jaipur SEZ Developers Ltd., a sector specific SEZ for IT/ITES at Jaipur, Ajmer Expressway, Jaipur, Rajasthan, for de-notification of its SEZ notified over an area of 20.1366 hectares.

The above mentioned SEZ stands notified on 12th December, 2007 over an area of
20.1366 hectares.

Now, the developer, has requested for de-notification of the SEZ due to global economic and market uncertainties.

DC, NSEZ has recommended the request.

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

(vii) Request from M/s. Suncity Haryana SEZ Developers Pvt. Ltd., a sector specific SEZ for IT at Village Jhund Sarai and Bhangrola, Distt. Gurgaon, Haryana, for de- notification of its SEZ notified over an area of 67.64 hectares.

The above mentioned SEZ stands notified on 18th October, 2007 over an area of
67.64 hectares.

Now, the developer, has requested for de-notification of the SEZ as they are not able to make the project economically viable.

DC, NSEZ has recommended the request.

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

Item No. 59.7: Requests for extension of validity of formal approvals from 5th to 7th 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. DLF Info Parks (Pune) Limited (formally known as M/s. DLF Ackruti Info Parks (Pune) Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Rajiv Gandhi Infotech Park, Phase – II, Village Hinjewadi & Mann. Taluka Mulshi, Pune, beyond 26th June, 2013 (beyond 5th year)

Formal approval to the developer was granted on 27th June, 2008. The SEZ is yet to be notified. The developer has been granted two extensions validity period of which has expired on 26th June, 2013

The developer has requested for further extension so as to implement the project.

The developer has made following investments/plans.

(i) Investment on land

Rs. 6.57 crores (ii) Investment on infrastructural development Rs. 173.43 crores (as on 30.6.13) (iii) Developed 15% of proposed buildings of zone (plinth level) without availing any tax benefits.

(iv) Plans to implement and operationalise the SEZ within 15-18 months of its notification.

DC SEEPZ has recommended the request for its consideration by BoA.

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

(ii) Request of M/s. Uppal IT Projects Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Plot No. TZ – 07, Sector IT Park, Tech Zone, Greater Noida, beyond 16th March, 2013 (beyond 5th year)

Formal approval to the developer was granted on 17th March, 2008. The SEZ stands notified as on date. The developer has been granted two extensions validity period of which has expired on 16th March, 2013.

The developer, has applied for further extension due to lack of requisite approvals from GNIDA. The developer has invested Rs. 86.34 crores in the project as under:

Land

Rs. 38,88,65,070/- 2. Development Related Expenses
Rs. 37,25,99,775/-
3. Asset Management Services

Rs. 7,07,17,807/- 4. Corporate Social Responsibility etc Rs. 3,12,37,078/-

DC NSEZ has forwarded the request for its consideration by BoA.

(iii) Request of M/s. Golden Tower Infratech Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Plot No. 8, Sector 144, Noida, Uttar Pradesh, beyond 2nd September, 2013 (beyond 5th year)

Formal approval to the developer was granted on 3rd September, 2008. The SEZ stands notified as on date. The developer has been granted two extensions validity period of which has expired on 2nd September, 2013.

The developer, has requested for further extension due to obtaining various approvals to be required to start the project as well as various reasons like climatic conditions, execution related issues. Now the construction work is in progress and they have already invested of Rs. 82.29 crores so far in the project.

DC NSEZ has recommended the request for its consideration by BoA.

(iv) Request of Andhra Pradesh Industrial Infrastructure Corporation Ltd. (APIIC) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Gambheeram Village, Anandapuram Mandal, Visakhapatnam District, Andhra Pradesh, beyond 24th June 2013 (beyond 5th year)

Formal approval to the developer was granted on 25th June, 2008. The SEZ stands notified as on date. The developer has been granted two extensions validity period of which expired on 24th June, 2013.

The developer, i.e. State Government has applied for further extension for completing the construction of approved facilities.

DC VSEZ has recommended the request of further extension for one year.

(v) Request of M/s. Milestone Buildcon Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Chikkanahalli Village, Bangalore, Karnataka, beyond 29th October 2013 (beyond 5th year)

Formal approval to the developer was granted on 30th October, 2008. The SEZ stands notified as on date. The developer has been granted two extensions validity of which is going to expire on 29th October, 2013.

The developer has applied for further extension for completing the construction of approved facilities.

The developer has since previous extension made an investment of Rs. 53.66 crores in phase – I of the project and proposes to invest Rs. 87.3 crores by March, 2014. Total project investment is proposed at 961.50 crores. The developer is hopeful to lease out built up area to prospective IT/ITES entrepreneurs by the end of this year.

DC CSEZ has recommended the request of further extension for one year.

(vi) Request of M/s. Ansal Colours Engineering SEZ Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Agro and Food processing Products at Village Bhagan, Tehsil Ganaur, Sonepat and Village Kurar Ibrahimpur, Tehsil Sonepat, Haryana, beyond 17th June 2013 (beyond 5th Year)

The developer was granted formal approval for setting up the above mentioned SEZ, vide LoA dated 18th June, 2008. The SEZ stands notified as on date. The developer has been granted two extensions. The validity of the last extension was up to 17th June, 2013.

The developer has requested for further extension of validity up to 17th June, 2014 on the grounds of pending exchange of land issue under the functional rastas/paths/water

recourses/nala with the State Government and initiation of frivolous litigation against the company by erstwhile JV partners to delay the time bound process of law.

The developer has incurred direct investment of Rs. 115 crores and indirect investment of Rs. 90 crores on the project. One co-developer namely M/s. Shakti Bhog Foods Ltd. and two SEZ units have been approved. It has also started the development of basic infrastructure like road, sewerage, main gate, street pole, storm water drainage etc along with boundary wall in the processing area.

With regard to the issue of exchange of land lying pending, the developer has filed a CWP in the Hon’ble High Court of Haryana and Punjab at Chandigarh against State Government and others. The date of next hearing is 17th September, 2013.

An FIR No. 511/10 dated 31.12.2010 u/s 409/420/464/465/468/471/120B/34 IPC PS Model Town, Delhi against M/s. Ansal Properties and Infrastructure Ltd at Village Bhigan and Kurad Ibrahimpur, near Murthal, Distt. Sonipat, Haryana being investigated into by Anti Land & Building Racket Section of Economic Offences Wing of Crime Branch, New Delhi is also pending

DC NSEZ has recommended further extension by one year up to 17th June, 2014.

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

(vii) Request of M/s. GMR Hyderabad International Airport Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Multi Services with International Financial Services Centre at GMR Hyderabad International Airport, Shamshabad, Hyderabad, beyond 24th June 2013 (beyond 6th year)

The developer was granted formal approval for setting up the above mentioned SEZ, over an area of 101.20 hectares, vide LoA dated 25th June 2007. The SEZ is yet to be notified. The developer has already been granted three extensions. The validity of the last extension is up to 24th June 2013.

The developer has requested for further extension of the validity period by one year on the grounds of time lack in seeking GHIAL lenders clearance on the land earmarked for SEZ, lack of demand etc.

The developer has post the conversion from multi product to multi services SEZ have made significant progress towards completing development planning for the SEZ such as master plan physical survey, multi model transport alignment involving metro etc.

DC, VSEZ has recommended the extension of LoA by one year.

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

(viii) Request of Andhra Pradesh Industrial Infrastructure Corporation Ltd. (APIIC) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Madikonda Village, Hanamkonda Mandal, Warangal District, Andhra Pradesh, beyond 25th June 2013 (beyond 6th year)

Formal approval to the developer was granted on 26th June, 2007. The SEZ stands notified as on date. The developer has been granted three extensions validity period of which is going to expire on 25th June, 2013.

The developer, i.e. State Government has applied for further extension for completing the construction of approved facilities.

DC VSEZ has recommended the request of further extension for one year.

(ix) Request of M/s. Velankani Technology Park (P) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Electronic Hardware and Software including ITES at Sriperumbudure, Chennai, Tamil Nadu, beyond 22nd May 2013 (beyond 6th year)

Formal approval to the developer was granted on 23rd May, 2007. The SEZ stands notified as on date. The developer has been granted three extensions validity period of which has expired on 22nd May, 2013.

The developer, has applied for further extension due to global recession.

The developer has completed installation of support of infrastructure. It has invested Rs. 153.7 crores so far and assured that within that extended period they will implement their project.

DC MSEZ has recommended the request of further extension for one year.

(x) Request of M/s. Rudradev Township (P) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Cholankurini village, Madurai, Tamil Nadu, beyond 25th July, 2013 (beyond 6th year)

Formal approval to the developer was granted on 26th July, 2007. The SEZ stands notified as on date. The developer has been granted three extensions validity period of which has expired on 25th July, 2013

The developer, has requested for further extension due to global recession.

The developer has invested Rs. 80 crores in their projects on land, construction of building and purchase of some of the plant and machineries. They have made support infrastructure such as foundation work, parking place in the basement and office space in first second and third floors, completed approach roads to SEZ etc. The developer has proposed to make the SEZ fully operational by end of 2014.

DC MEPZ has recommended the request for its consideration by BoA.

(xi) Request of M/s. Parsvnath Infra 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 30th June, 2013 (beyond 7th 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 was notified on 8th April, 2013. The developer has already been granted four extensions. The validity of the last extension was up to 30th June, 2013.

The developer has requested for further extension of the validity period by one year on the grounds that post notification ( 8th April, 2013 )only three months time period was available to him to seek various statutory report from respective authorities to commence the construction activity.

The developer has incurred an expenditure of Rs. 7.88 crores for purchase of land, arrangement of materials for barricade, preparation of Container for site office of the Customs Department etc.

DC, CSEZ has recommended the extension of LoA by one year.

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

(xii) Request of M/s. Stargaze Properties Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Kancha Imarat, Raviryala Village, Maheswaram Mandal, Ranga reddy District, Andhra Pradesh, beyond 30th June 2013 (beyond 7th year)

Formal approval to the developer was granted on 26th October, 2006. The SEZ stands notified as on date. The developer has been granted four extensions validity of which expired on 30th June, 2013.

The developer has applied for further extension due to slow project implementation because of infrastructure and project support by the State Govt.

The developer has completed construction of one building, internal roads and site office. Construction of two office buildings, boundary wall and gate are partially completed. As on 30th March, 2013 the actual expenses incurred for the project aggregate around 185.56 crores

DC VSEZ has recommended the request of further extension for one year.

Item No. 59.8: Request for extension of In-Principal Approval/Formal Approval

Request for grant of extension of in-principle and formal approval to M/s. Hindalco Industries Limited for setting up of a sector specific SEZ for Aluminium and Aluminium Products at Sambalpur, Odisha

The above mentioned developer was granted in-principle approval on 22nd August, 2006 over an area of 855 hectares. Out of this area, formal approval was granted over 115.70 hectares vide LoA dated 30th July, 2007 and the same was notified on 13th March, 2008. In terms of SEZ Rules:

(i) The validity of formal approval (for 115.70 Ha) expired on 29th July, 2010; and (ii) The validity of in-principle approval for 739.30 Ha (i.e. the remaining part of 855 Ha) expired on 21st August, 2007.

DC FSEZ has informed that the non submission of the desired requests from the developer was due to the constraints of the unit in acquisition of the land including acquiring forest land and rehabilitation of the affected people.

However, after considering the advance status of the project, DC FSEZ has recommended for extension of both in-principle and formal approvals upto 31st December, 2013.

The proposal is placed before BoA for its consideration.

Item No. 59.9: Requests for extension of LoP beyond 3rd Year onwards

(i) Request of M/s Kusum Healthcare Pvt. Ltd., a unit in Indore SEZ for extension of validity period of its LoP beyond 13th June 2013

The above mentioned unit was granted LoP on 14th June, 2010 for manufacturing of tablets, capsules, ointments, dry syrups & injections. Thereafter the developer has been granted 2 extensions by DC Indore SEZ validity of which is upto 13th June, 2013.

Against the projected cost of land and civil construction including site development being 636.70 lacs the Unit has invested Rs. 314.50 lacs on the project as on date including completion of boundary wall on 5 acres plot, construction of 25000 lts. storage tank, construction of internal roads and readymade container site office.

The unit has applied for further extension of its validity period by one year due to pendency of various permission/licences from concerned Departments.

DC Indore SEZ has recommended the request of extension for one year

The request is placed before BoA for its consideration.

(ii) Request of M/s Lupin Ltd., a unit in Indore SEZ for extension of validity period of its LoP beyond 12th June 2013

The above mentioned unit was granted LoP on 13th June, 2010 for manufacturing of Anti-asthama, Dermatology and other therapeutic formulations in the form of Cream/Ointment/Gel/Lotion, Metered Drug Inhaler and Dry Powder Inhaler. Thereafter the developer has been granted 2 extensions by DC Indore SEZ validity of which is upto
12th June, 2013.

Against the project cost of Rs. 135.38 crores the Unit has invested Rs. 66.7 crores on construction of building, plant machinery, electricals, process equipments including advanced to machine and other supplies.

The unit has applied for further extension of its validity period by one year due to pendency of regulatory approvals from FDA of respective countries.

DC Indore SEZ has recommended the request of extension for one year

The request is placed before BoA for its consideration.

(iii) Request of M/s BioGenex Life Sciences Pvt. Limited, a unit in M/s. APIIC Limited, SEZ for Precision Engineering at Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District, Andhra Pradesh for extension of validity period of its LoP beyond 2nd August 2013

The above mentioned unit was granted LoP on 3rd August, 2010 for manufacturing and export of precision engineering equipments and discovery tools in molecular diagnostics. Thereafter the developer has been granted 2 extensions by DC VSEZ validity of which is upto 2nd August, 2013.

The Unit has invested Rs. 14.50 crores on civil works, electrical works, structural glazing works, external electrification, HVAC works and STP works as on date.

The unit has applied for further extension of its validity period by one year due to power problems with APIIC.

DC VSEZ has recommended the request of extension for one year

The request is placed before BoA for its consideration.

(iv) Request of M/s Air India Limited, a unit in MIHAN SEZ for extension of validity period of its LoP beyond 31st August 2013

The above mentioned unit was granted LoP on 1st September, 2010 for MRO of Aircraft and Ancillary services. Thereafter the developer has been granted 2 extensions by DC MIHAN SEZ validity of which is upto 31st August, 2013.

The Unit has invested approx. Rs 265 crores so far. One part of project viz MRO facility for aircraft is in advanced stage of implementation and is likely to become operational

by December, 2013. Construction for other part of authorized operationals viz MRO and testing facility for aircraft engine has also been started recently.

The unit has applied for further extension of its validity period as construction is not complete.

DC MIHAN SEZ has recommended the request of extension for one year

The request is placed before BoA for its consideration.

Item No. 59.10: Cases for ratification of Miscellaneous cases for LoA extensions

(i) Request of M/s. Gopalpur SEZ for fourth extension of validity period of its formal approval for setting up a multi product SEZ at Gopalpur, District Gangam Orissa beyond 17th June, 2013

The above mentioned SEZ was granted formal approval on 18th June, 2007. The developer has been granted three extension validity is up to 18th June, 2013. The matter was examined in this Department and it was observed that this being a multi product SEZ Rs. 235 cores have already been invested so far an approval for investing Rs. 1000 crores has already been granted by Board of Directors of Tata Steel. It was decided to grant fourth extension of LoA up to 30th August, 2014 and then to get it ratified before BoA.

The matter is placed before BoA for ratification.

(ii) Request of M/s. Metro Valley Corporation for seeking extension of validity period of its formal approval for setting up of a sector specific SEZ for IT/ITES SEZ at 5th Milestone, Village Gwal Pahari, Gurgaon, Haryana beyond 5th May 2013

The above mentioned SEZ was granted formal approval on 6th November, 2006. The developer has been granted extension six and half (validity is up to 5th May, 2013). The matter was examined in this Department and it was decided to give six months extensions of his LoA up to 5th November, 2013 subject to the condition that the case will be placed before the next BoA for its ratification.

DC NSEZ has now informed that the developer is awaiting the final order from Commissioner Gurgaon to set aside order dated 27th July, 2010 by the then Collector Gurgaon.

The developer have invested around Rs. 149.5 crores so far in the project of which around Rs. 30.5 crores is FDI in order to create a globally competitive infrastructure.

The matter is placed before BoA for ratification.

(iii) Request of M/s. Crystal City Developers Pvt. Ltd. (formally known as M/s. Uppal Developers Pvt. Ltd.) for re-consideration of their proposal for extension of formal approval for developing multi services SEZ at Gurgaon

The above mentioned SEZ was granted formal approval on 3rd April, 2006. The developer has been granted two extension the validity of which was up to 2nd April, 2011 his

case for third extension was rejected by BoA on the grounds that he had not taken sufficient steps towards implementation of the project.

The developer again requested for further extension of his LoA stating that the reason for non commencement of his SEZ was due to difficulties of water and power connection from the State Govt. and also the adverse market conditions.

Keeping in view of the developer’s consistent request, the matter was examined in this Department and it was decided to grant extension till 30th September, 2013 within which he must undertake physical development of land and send physical progress in a fixed time frame.

The matter is placed before BoA for ratification.

Item No. 59.11: Cases for ratification of Miscellaneous cases for LoP extension of units

(i) Request of M/s. ONGC C2-C3 plants, a unit in Dahej SEZ beyond 5th August, 2013

The above unit is in Dahej SEZ. LoP granted on 6th March, 2007.

The unit was granted three extensions the last one up to 5th August, 2013

The unit applied for further extension due to incidence of double customs duty and due to pending approval of MoPNG for utilization of gas against shrinkage.

The unit has made investments of Rs. 903.7 crores. It has stated that materials/spares required for pre-commissioning/commissioning activities are ready for dispatch. With its LoP expired on 5th August, 2013, due to application of SEZ transaction online, it will be facing transaction related problems.

The matter was examined in this Department and it was decided to grant extension of validity of LoP till 5th August, 2013 subject to ratification by the BoA.

DC Dahej SEZ has recommended the proposal for extension.

The matter is placed before BoA for ex-post-facto approval of extension of LoP for one year up to 5th August, 2014.

59.12: Miscellaneous cases

(i) Request of M/s Adani International Container Terminal Private Limited (AICTPL), Co-developer of Multi product SEZ at Kutch, Gujarat, being developed by M/s Adani Port and Special Economic Zone Limited (APSEZL) for approval for allotment of 50% equity to JV partner

The above mentioned co-developer a wholly owned subsidiary of APSEZL was granted co-developer status to develop, operate and maintain container Terminal and related infrastructure facilities and services within the processing area.

The developer and co-developer in December, 2012 have entered into a Joint Venture partnership with Mundi Ltd., a subsidiary of Mediterranean Shipping Company SA (MSC), Switzerland and allotted 49% of the equity of AICTPL to their Joint Venture partner.

The developer and co-developer have informed, that to facilitate smooth functioning of the container terminal, AICTPL proposes to allot 50% equity to their JV Partner M/s. Mundi Ltd. (Annexure -1)

After allotting 50% equity to the JV Partner, the share holding of AICTPL will decrease below 51%.

In terms of DoC’s instruction No. 23 dated 16th July, 2009 if the shareholding of an SEZ entity decreases below 51% prior approval of BoA is required.

DC KASEZ has forwarded the request for its suitable consideration by BoA.

(ii) Request of M/s DLF Info Parks (Pune) Ltd. for transfer of formal approval granted to M/s. DLF Ackruti Info Parks (Pune) Ltd. for development of sector specific SEZ for IT/ITES at Rajiv Infotech Park Phase II, Village Hinjewadi and Mann, Taluka Mulshi, Pune, Maharashtra

The above mentioned SEZ was granted formal approval on 27th June, 2008 to M/s. DLF Ackruti Info Parks (Pune) Ltd. In this company M/s. DLF Ltd. had a shareholding of 67% and M/s. Ackruti Nirman Ltd. had the remaining 33%. Subsequently, M/s. DLF Ltd. acquired the remaining 33% shares and became 100% share holder of the above mentioned SEZ.
The developer now desires to transfer the formal approval granted in the name of M/s. DLF Ackruti Info Parks (Pune) Ltd. to M/s DLF Info Parks (Pune) Ltd. (Annexure -2)

The developer has submitted copy of certificate of incorporation from ROC dated 20th July, 2012 regarding change of name and NOC from State Government for developing the area of the SEZ under the changed name. The developer has also given an undertaking that there is no change in either its shareholding pattern or composition of Board of Directors of the developer before and after the present request (which has remained the same i.e. 100%).

DC SEEPZ SEZ has recommended the proposal.

The proposal is placed before BoA for its consideration.

(iii) Request of M/s. Tech Mahindra Ltd., Mumbai for transfer of co-developer status granted to M/s. Satyam Computer Services Limited, operating as co-developer in ELCOT IT/ITES SEZ at Sholinganallur, Kancheepuram District, Chennai, Tamil Nadu consequent upon their merger

M/s. Satyam Computer Services Limited was granted co-developer status in the above mentioned SEZ vide LoA dated 23rd April, 2007. The co-developer has since merged with M/s. Tech Mahindra Ltd. as per the orders of Hon’ble High Court at Mumbai and Andhra Pradesh.

Consequently M/s. Tech Mahindra Ltd. has now applied for transfer of co-developer status granted to M/s. Satyam Computer Services Ltd. in its name (Annexure -3). The acquirer company has given an undertaking to abide with all the assets and liabilities on a going concern basis and also to abide by all rules and regulations prescribed under SEZ Act and Rules.

DC MEPZ has recommended the proposal to be placed before BoA for its consideration.

The request is placed before the BoA for its consideration.

(iv) Request of M/s. Tech Mahindra Ltd., for transfer of formal approval granted to M/s. Satyam Computer Services Limited, developer of sector specific SEZ for IT/ITES SEZ at Bahadupally village, Qutubullapur Mandal, Ranga Reddy District, Andhra Pradesh consequent upon their merger

M/s. Satyam Computer Services Limited was granted developer status in the above mentioned SEZ vide LoA dated 20th June, 2006. The developer has since merged with M/s. Tech Mahindra Ltd. as per the orders of Hon’ble High Court at Mumbai and Andhra Pradesh.

Consequently M/s. Tech Mahindra Ltd. has now applied for transfer of developer status granted to M/s. Satyam Computer Services Ltd. in its name (Annexure -4). The acquirer company has given an undertaking to abide with all the assets and liabilities on a going concern basis and also to abide by all rules and regulations prescribed under SEZ Act and Rules.

DC VSEZ has recommended the proposal to be placed before BoA for its consideration.

The request is placed before the BoA for its consideration.

(v) Request of M/s. Tech Mahindra Ltd., for transfer of formal approval granted to M/s. Satyam Computer Services Limited, developer of sector specific SEZ for IT/ITES SEZ at Plot No. 23-34, Hi-tech City, Madhapur, Serilingampally Mandal, RR. Dist. Hyderabad consequent upon their merger

M/s. Satyam Computer Services Limited was granted developer status in the above mentioned SEZ vide LoA dated 21st June, 2006. The developer has since merged with M/s. Tech Mahindra Ltd. as per the orders of Hon’ble High Court at Mumbai and Andhra Pradesh.

Consequently M/s. Tech Mahindra Ltd. has now applied for transfer of developer status granted to M/s. Satyam Computer Services Ltd. in its name (Annexure -5). The acquirer company has given an undertaking to abide with all the assets and liabilities on a going concern basis and also to abide by all rules and regulations prescribed under SEZ Act and Rules.

DC VSEZ has recommended the proposal to be placed before BoA for its consideration.

The request is placed before the BoA for its consideration.

(vi) Proposal of M/s L&T Chennai Projects Private Limited, Chennai, developer of sector specific SEZ for IT/ITES at Vallancheri Village, Chengalpattu Taluk, Kancheepuram District, Tamil Nadu for transfer of their entire equity to M/s. Zoho Corporation Private Limited, Chennai

The above mentioned developer (formally known as L&T Arun Excello IT SEZ Private Ltd.) has submitted its request for transferring its entire equity (100%) to M/s Zoho Corporation Private Limited, Chennai (Annexure -6). The developer company, the stakeholders of the developer company and the purchaser have executed a share purchase agreement on 9th May, 2013 to this effect. Both the developer company and the purchaser have submitted undertakings for seamless continuity of the SEZ and their compliance to SEZ Acts and Rules. The purchaser has also submitted a certificate of incorporation issued by ROC, Tamil Nadu, Chennai on 2nd June, 2010 for M/s Zoho Corporation Private Ltd.

DC, MEPZ has recommended the request to be placed before BoA for its consideration of approval as both the developer company and the purchaser have submitted undertakings for seamless continuity of the SEZ along with requisite documents.

The request is placed before BoA for its consideration.

(vii) Request of M/s. OPGS Power Gujarat Private Limited, developer of sector specific SEZ for Power at Bhadreshwar, Mundra, Kutch, Gujarat for change in sector of SEZ from ‘Power’ to ‘Engineering’

The above mentioned SEZ was given in-principle approval on 5th December, 2012. As on date they have completed 30-35% of the project work and invested Rs. 500 crores as works and placing order with BHEL for power plant.

The developer has requested for change in sector considering strong potential for engineering sector in the area (details as per Annexure -7):

DC KASEZ has recommended the proposals to be placed before BoA for its consideration.

The proposals are placed before BoA for its consideration.

(viii) Request for change in sector in respect of sector specific Petrochemicals and Petroleum SEZ at Baikampady, Mangalore, developed by M/s Mangalore SEZ, Mangalore,

The above mentioned SEZ was granted formal LoA on 30th July, 2007. The SEZ stands notified as on date.

The developer has already notified SEZ land area of 624.786 ha.

The developer has applied for sector change as it has more than the minimum land requirement for Multi-product SEZ i.e 500 hectares as per the announcement of MOCI dated April, 18, 2013 (Annexure -8).

The developer, therefore, seeks up-gradation of Sector Specific SEZ status to Multi- product SEZ status.

DC CSEZ, has recommended for up-gradation of sector specific SEZ status to Multi- product SEZ status based upon the latest amendment to SEZ Rules, dated 12th August, 2013.

The request is placed before BoA for its consideration.

Item No. 59.13: Appeals before BoA

(i) Appeal of M/s. Tata Consultancy Services Limited, a unit (1) in IT/ITES SEZ set up by M/s. CMC Limited at Gachibowli, Hyderabad against order dated 28th June 2013 of the UAC

M/s. Tata Consultancy Limited, a unit in the above mentioned SEZ applied for request to include following services as services required for authorized operations:

(i) Air Travel Agent Services (ii) Convention Services (iii) Rail Travel Agent’s Services (iv) Rent-a-cab Scheme operator’s services (v) Travel Agent’s Services

The above request was rejected by the UAC in its meeting held on 28th June, 2013.

The appellant has filed the instant appeal (Annexure -9) against the above rejection on the following grounds:

(i) UAC erred in not approving the above services as services required for authorised operation of SEZ. The UAC failed to appreciate the services are essential for export of services from the SEZ unit and which are fully used for authorised operations of the SEZ units. (ii) Rejection of services is against the Scheme of SEZ which amounts to export of tax which is against the policy of the Government.

The appeal is placed before the BoA for consideration.

(ii) Appeal of M/s. Tata Consultancy Services Limited, a unit (3) in IT/ITES SEZ set up by M/s. CMC Limited at Gachibowli, Hyderabad against order dated 28th June 2013 of the UAC

M/s. Tata Consultancy Limited, a unit in the above mentioned SEZ applied for request to include following services as services required for authorized operations:

(i) Air Travel Agent Services (ii) Convention Services (iii) Rail Travel Agent’s Services (iv) Rent-a-cab Scheme operator’s services (v) Travel Agent’s Services

The above request was rejected by the UAC in its meeting held on 28th June, 2013.

The appellant has filed the instant appeal (Annexure -10) against the above rejection on the following grounds:

The appeal is placed before the BoA for consideration.

(iii) Appeal of M/s. Tata Consultancy Services Limited, a unit (4) in IT/ITES SEZ set up by M/s. CMC Limited at Gachibowli, Hyderabad against order dated 28th June 2013 of the UAC

M/s. Tata Consultancy Limited, a unit in the above mentioned SEZ applied for request to include following services as services required for authorized operations:

(i) Air Travel Agent Services (ii) Convention Services (iii) Rail Travel Agent’s Services (iv) Rent-a-cab Scheme operator’s services (v) Travel Agent’s Services

The above request was rejected by the UAC in its meeting held on 28th June, 2013.

The appellant has filed the instant appeal (Annexure -11) against the above rejection on the following grounds:

The appeal is placed before the BoA for consideration.

(iv) Appeal of M/s. Tata Consultancy Services Limited, being operated in the IT/ITES SEZ co-developed by M/s. TSI Business Parks (Hyd) Pvt. Ltd. at Nanakramguda village, Serilingampally Mandal, Hyderabad against order dated
28th June 2013 of the UAC

M/s. Tata Consultancy Limited, a unit in the above mentioned SEZ applied for request to include following services as services required for authorized operations:

(i) Air Travel Agent Services

(ii) Convention Services (iii) Rail Travel Agent’s Services (iv) Rent-a-cab Scheme operator’s services (v) Travel Agent’s Services

The above request was rejected by the UAC in its meeting held on 28th June, 2013.

The appellant has filed the instant appeal (Annexure -12) against the above rejection on the following grounds:

The appeal is placed before the BoA for consideration.

(v) Appeal of M/s. Ipca Laboratories Limited, being operated under the Indore SEZ at Plot No. 1, Phase – II, Pithampur, District Dhar, Madhya Pradesh against order dated 23rd July, 2013 of the UAC

M/s. Ipca Laboratories Limited, a unit under the above mentioned SEZ applied for ex- post approval for extension of their LoA dated 9.11.2004 for further extension of 2 years 6 months beyond the earlier declared date of “Commencement of Commercial production” under sub rule 4 of Rule 19 of SEZ Rules, 2006 including re-consideration of date of commencement of commercial production.

The appellant has filed the instant appeal (Annexure -13) against the decision of UAC taken in its meeting held on 28th May, 2013 above rejection, whereby, the UAC opined that there appeared to be no provision in the SEZ Act and Rules under which the request made by the unit can be dealt and further that the purpose of filing such request after passage of considerable amount of time is not clear.

The appeal is placed before the BoA for consideration.

(vi) Appeal of M/s. India Sales Corporation, a unit in MEPZ against order dated
10th June, 2013 of the UAC

M/s. India Sales Corporation, a unit MEPZ applied for manufacturing & export of pan Masala perfumed pan masala & scented tobacco under broad banding/diversification was not acceded to, since the Govt. of Tamilnadu have banned the manufacturing of these items.

The appellant has filed the instant appeal (Annexure -14) against the above rejection.

The appeal is placed before the BoA for consideration.

(vii) Appeal of M/s. Satguru Polyfab Pvt. Ltd., a unit under KASEZ against order dated 21st May 2013 of the UAC

M/s. Satguru Polyfab Pvt. Ltd., a unit under KASEZ applied for change of Directors and the same was approved in the 55th meeting of UAC of KASEZ held on 4th March, 2013 with the condition of enhanced lease rental charges.

The appellant has filed the instant appeal (Annexure -15) against the above decision to charge higher lease rental upon change of directors.

The appeal is placed before the BoA for consideration.

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