IN FORCE Agenda SEZ / EOU / FTWZ 2014-09-18

Agenda for 63rd Meeting of the BoA for SEZ to be held on 18th September, 2014

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Agenda for the 63rd meeting of the Board of Approval to be held on
18th September, 2014, in the Room No. 47, Udyog Bhawan

Item No. 63.1: Requests for extension of validity of formal approvals

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. 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 Chokkanahalli Village, Bangalore, Karnataka, beyond 29th October 2014

Formal approval to the developer was granted on 30th October, 2008. The SEZ stands notified as on date. The developer has been granted three extensions validity period of which is upto 29th October, 2014.

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

The developer has made following investments/plans.

(i) Building 1 for 5.6 lakh Sq. ft as part of phase 1 of project has been completed and utility building & other finishes work including glazing work is in progress. They are in the process of commencing their Phase 2 construction. (ii) The developer is hopeful of completing 0.60 million sq. feet area by August, 2014 under phase 1 and completion of 50% of minimum built up area within the stipulated time frame of 5 years from the date of notification. (iii) Investment of Rs. 127.42 crores has been made in the project since inception and an amount of Rs. 13.58 crore is proposed to be invested by August 2014.
(iv) The developer proposes to invest an amount of Rs. 916.50 in their entire project.

DC CSEZ has recommended the proposal for extension by one year.

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

(ii) Request of M/s. Kerala State IT Infrastructure Ltd. (KSITIL) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Eramam Village, Kannur District, Kerala, beyond
18th September 2014

Formal approval to the developer was granted on 19th September, 2008. The SEZ stands notified as on date. The developer has been granted three extensions validity period of which is upto 18th September, 2014.

(i) Master Plan proposal has been prepared by the architect (ii) Rs. 73 lakhs have been invested for Electricity supply. (iii) The entire SEZ area was fenced in 2011 and now, the contract has been issued for construction of compound wall and access road. The cost estimated to be Rs. 2.34 crores. (iv) 14 lakhs deposited to PWD for road improvisation (v) Empanelled list of Architects including PMC in various categories are ready (vi) RFP from empanelled architects for 1st IT Building was released and selection will be done in a month’s time (vii) Kerala State Govt. plan fund and NABARD fund are available.
(viii) Preliminary works for construction of first IT Building of 50,000 sq. ft. area is in progress and it is expected to complete within one year of award of the work.
(ix) The developer proposes to complete implementation of phase – I of the SEZ by August, 2016.

DC CSEZ has recommended the proposal for extension by one year.

(iii) Request of M/s. Kerala State IT Infrastructure Ltd. (KSITIL) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Cheemeni Village, Kasargod District, Kerala, beyond
18th September 2014

(i) Master Plan proposal has been prepared by the architect (ii) A fencing work has been done for the entire area (iii) Selected Contractor for the construction of compound wall and access road work. The cost estimated to be Rs. 3.5 crores

(iv) Rs. 25 crores already invested in land (v) Empanelled list of Architects including PMC in various categories. (vi) Infrastructure fund available through state plan fund and NABARD Assistance (vii) RFP from empanelled architects for 1st IT Building was released and selection will be done in a month time (viii) Preliminary works for construction of first IT Building of 50,000 sq. ft. area is in progress and it is expected to complete within one year of award of the work.
(ix) The developer proposes to complete implementation of phase – I of the SEZ by August, 2016.

DC CSEZ has recommended the proposal for extension by one year.

(iv) Request of M/s. Karnataka Industrial Areas Development Board (KIADB) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Mangalore, Karnataka, beyond 26th June 2014

Formal approval to the developer was granted on 26th June, 2006. The SEZ stands notified as on date. The developer has been granted five extensions validity period of which was upto 26th June, 2014.

(i) The power infrastructure works in the SEZ area are fully completed (ii) 94.35% road works are completed and balance 5.65% of road works are under progress (iii) Construction of compound wall is almost completed except 2.27% which is expected to be completed shortly. (iv) 90% of water supply works are completed and balance 10% work is under brisk progress. (v) An investment of Rs. 28.13 crores has been made on developmental works by May, 2014. (vi) The co-developer has completed six floors of IT park building. The balance work is expected to be completed by August, 2014.

DC CSEZ has recommended the proposal for extension by one year.

(v) Request of Electronics Corporation of Tamil Nadu (ELCOT) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Gangaikondan village, Tirunelveli, Tamil Nadu, beyond
8th May 2014

Formal approval to the developer was granted on 26th July, 2007. The SEZ stands notified as on date. The developer has been granted four extensions validity period of which has expired on 8th May, 2014.

(i) The common infrastructure works such as Road, compound wall, culverts, storm water drainage, data cable ducts. Electrical cable ducts, STP and street light have been completed for 100 acres. (ii) The construction of 50000 sq. ft. IT building is completed. (iii) The water sump, water pipeline works are under progress. The development of basic infrastructure for the extended portion of 190 acres is being undertaken. (iv) 100 acres of land was allotted to M/s. Syntel International Pvt. Ltd. and they have obtained co-developer status on 27.12.2011 and started their construction work. (v) A unit namely M/s. Kompos Media Pvt. Ltd. was allotted 9308 sq. ft. built up space in the 50000 sq. ft. IT building.

DC MEPZ has recommended the proposal for consideration by BoA.

(vi) Request of Electronics Corporation of Tamil Nadu (ELCOT) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Vadapalanji, Madurai, Tamil Nadu, beyond 8th May, 2014

(i) The developer has obtained SEZ approval for 245.17 acres of land in which the creation of Common Infrastructure work has been completed. (ii) Drawing for construction of Rail Over Bridge at an estimated cost of Rs. 18.75 crores has been sent to Govt. for approval. (iii) The common infrastructure works such as Road, compound wall, culverts, storm water drainage, data cable ducts. Electrical cable ducts, STP and street light are completed. (iv) The tender for construction of 50000 sq. ft. IT Building is being processed, which was delayed due to Election Code of Conduct. (v) The water sump, water pipeline works are being developed
(vi) The work is the SEZ was delayed due to recession in the Industry. The major IT companies, who have shown interest, have withdrawn their expansion in Tier – II cities.

DC MEPZ has recommended the proposal for consideration by BoA.

(vii) Request of Electronics Corporation of Tamil Nadu (ELCOT) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Salem, Tamil Nadu, beyond 7th May, 2014

(i) The common infrastructure works such as internal road, service ducts & drains, entrance arch and main gate, erection of compound wall, is nearing completion and all other works including commissioning of overhead tank is also under way. (ii) An expenditure of Rs. 2.06 crores has been incurred during July, 2013 to May, 2014
(iii) Allotment of land was made to two units.
(iv) The tender for construction of 50000 sq. ft. IT Building is being processed. The building will be completed by 31st March, 2016.

DC MEPZ has recommended the proposal for consideration by BoA.

(viii) Request of M/s. Mayar Infrastructure Development Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Biotechnology at village Rahaka & Nimoth District Gurgaon, Haryana beyond 13th July, 2014

Formal approval to the developer was granted on 14th July, 2008. The SEZ stands notified as on date. The developer has been granted three extensions validity of which was upto 13th July, 2014.

(i) The developer has invested Rs. 28.82 crores from July, 2013 till date. (ii) Integrated STP/ETP system has been installed & is ready for commissioning (iii) Glazing work has been completed. (iv) Recharge Pits completed (v) Installation of lifts (11 Nos) have been completed & will be operative shortly (vi) The landscaping work around the Bio Port building is at the finishing stage (vii) Interior work of common areas is in progress (viii) Bio Port building constructed in SEZ is ready for occupation and the Developer has applied for issuance of occupation certificate for the said building. The developer is in advance stage of negotiation with some of the clients for taking space in the Bio Port building on lease as well as for taking land on lease for setting up units related to biotechnology.

DC NSEZ has recommended the proposal for consideration by BoA.

(ix) 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, 2014

Formal approval to the developer was granted on 17th March, 2008. The SEZ is yet to be notified. The developer has been granted three extensions validity period of which has expired on 16th March, 2014.

(i) Environmental clearance has been issued on 20.04.2009 (ii) NoC from Airports Authority of India received on 14th January, 2009 (iii) NoC from Ministry of Defence received on 24th July, 2009 (iv) The developer has invested Rs. 86.40 crores till 31st January, 2014, including cost of land. (v) Detailed Building plan submitted to GNIDA and the approval is awaited.

DC has informed that the site inspection in the case has been carried out by the officers of this office in presence of rep. of M/s. Uppals IT Projects Pvt. Ltd. during which it was observed that the proposed SEZ land is presently being used for cultivation by the farmers. The developer has constructed boundary wall around some parts (approx. 800 mtrs.) of SEZ land. The developer has made a temporary site office. Labourers engaged in construction of boundary wall are staying in temporary huts. A bitumen road intersecting the SEZ land was found. The developer has informed that the villagers are using the said road for access from village to a temple which exists near adjoining plot.

Since the developer has not taken effective steps for implementation of the project, DC NSEZ has not recommended the proposal for extension.

(x) Request of M/s. G.P. Realtors Private Limited for further 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 2014

The developer was granted formal approval for setting up the above mentioned SEZ, vide LoA dated 14th November 2006. The SEZ stands notified as on date. The developer has already been granted five extensions. The validity of the last extension is up to
13th November, 2014.

(i) Mining permission received from Deptt. of Mines & Geology on 06.06.2014.

(ii) Excavation of foundation of administrative block and block 1A underway since 07.06.2014. (iii) Complete G.I. fencing has been done for 25.12123 hectares (iv) State Notification of SEZ on recommendation of Project Evaluation Committee held on 31.07.2014 on 14.08.2014. (v) The developer has invested Rs. 172.22 crores till date including cost of land.

DC NSEZ has recommended the proposal for extension by one year.

(xi) Request of M/s. Navi Mumbai SEZ Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES-A at Ulwe, Navi Mumbai, Maharashtra, beyond 24th October 2014

Formal approval to the developer was granted on 25th October 2007. The SEZ stands notified as on date. The developer has already been granted four extensions, validity of which is up to 22nd October 2014.

(i) Investment in land Rs. 16.43 crores (ii) Investment in development of infrastructure Rs. 73.67 crores (iii) Boundary wall of 1.95 kms completed (iv) Internal road work of 1854 mtrs completed (v) Storm water drains of 2919 mtrs completed (vi) Internal water lines laid for 993 mtrs (vii) IT ducts laid for 1047 mtrs (viii) IT/ITES building of 1.95 lakh sq. ft. super built up area completed (ix) SEZ is developed and premises are ready for prospective units

DC SEEPZ has recommended the proposal for consideration by BoA.

(xii) Request of M/s. Navi Mumbai SEZ Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES-B at Ulwe, Navi Mumbai, Maharashtra, beyond 24th October 2014

(i) Investment in land Rs. 29.76 crores

(ii) Investment in development of infrastructure Rs. 122.44 crores (iii) Boundary wall of 3.28 kms completed (iv) Internal road work of 2435 mtrs completed (v) Storm water drains of 2611 mtrs completed (vi) Internal water lines laid for 1112 mtrs (vii) IT ducts laid for 1097 mtrs (viii) Bride across the water channel completed upto slab for upstream & downstream sides. (ix) IT/ITES building of 1.95 lakh sq. ft. super built up area completed (x) SEZ is developed and premises are ready for prospective units

DC SEEPZ has recommended the proposal for consideration by BoA.

(xiii) Request of M/s. Navi Mumbai SEZ Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES-C at Ulwe, Navi Mumbai, Maharashtra, beyond 21st November 2014

Formal approval to the developer was granted on 21st November, 2007. The SEZ stands notified as on date. The developer has already been granted four extensions, validity of which is up to 21st November, 2014.

(i) Investment in land Rs. 8.37 crores (ii) Investment in development of infrastructure Rs. 33.84 crores (iii) Boundary wall of 1.40 kms completed (iv) Internal road work of 750 mtrs completed (v) Storm water drains of 804 mtrs completed (vi) Internal water lines laid for 869 mtrs (vii) IT ducts laid for 842 mtrs (viii) Utility crossing pipe laying 70 mtrs. (ix) SEZ is developed and premises are ready for prospective units

DC SEEPZ has recommended the proposal for consideration by BoA.

Item No. 63.2: Requests for extension of validity of in-principle approval

(i) Request of M/s. Chhindwara Plus Developers Limited for extension of the validity of in-principle approval, granted for setting up of Multi Product SEZ at Saurar Tehsil, Chhindwara District, Madhya Pradesh, beyond 29th July, 2011.

In-principle approval was granted to the developer on 30th July, 2007 over an area of 2000 hectares. Subsequently, in the BoA meeting held on 22nd September 2008 the developer was granted approval for inclusion of additional area to the extent of 1487.076 hectares to the

in-principally approved area, thereby making the total area of the SEZ as 3487.076 hectares. The developer has already been granted three extensions. The validity of last extension was up to 29th July 2011.

The request for fourth and fifth extension was considered in the 54th meeting of the BoA held on 14th September, 2012 wherein the Board observed that the developer has already acquired 1898 ha of land, which is more than the minimum land required for setting up of the SEZ. The Board deferred the matter and sought a report from DC Indore SEZ on the contiguity of the land acquired so far before taking a final decision in the matter.

Subsequently, DC ISEZ had protracted correspondences with the developer regarding the status of land. Finally, the developer vide letter dated 10th June, 2014 intimated the status of the land. Subsequently, the site inspection of the SEZ was carried out by DC and the developer was advised to intimate the timeline regarding acquisition of land. The developer vide letter dated 5th August, 2014 has informed the following:-

(i) 18.865 ha of land pertaining to ‘sadak’ projected in possession by 15.10.2014. (ii) 430 ha of ‘bhumi swami land’ under acquisition (section 9) projected in possession by 30.11.2014. (iii) 40 ha of Revenue forest land projected in possession by 30.04.2015. (iv) 207.584 ha ‘bhumiswami land’ under acquisition (section 7) projected in possession by 30.09.2015.

The developer has requested for further extension of one year from the date of approval in order to acquire balance land.

DC ISEZ has recommended the proposal for extension of in-principle approval by one year from the date of approval.

Item No. 63.3 : Requests for extension of LoP beyond 3rd Year onwards

(i) Request of M/s Anjani Udyog Pvt. Limited, a unit in multi-product SEZ developed by M/s Adani Port & SEZ at Mundra, Gujarat for extension of validity period of its LoP beyond 30th September, 2014

The above mentioned unit was granted LoP on 28th March, 2008 for manufacture of
“Rolled Goods for Cotton Pads, Rolled Goods for Wipes, 100 GSM Rolled Goods”. The unit has been granted five extensions, validity of which is upto 30th September, 2014.

The unit has sought further extension of its validity period by one year as the High Court of Gujarat has ordered not to carry out any development work in the SEZ till Environment Clearance is granted by the M/o Environment and Forest to the developer. Therefore, the project could not be completed.

DC APSEZ has requested for consideration of the request of the unit for extension by one year.

The request is placed before BoA for its consideration.

(ii) Request of M/s Pidilite Industries, a unit in multi-product SEZ developed by Dahej at Bharuch Gujarat for extension of validity period of its LoP beyond
15th August, 2014

The above mentioned unit was granted LoP 16th August, 2007. Thereafter the unit has been granted six extensions, the validity of which was upto 15th August, 2014.

The unit has applied for further extension of its validity period till March 2017 giving various reasons and justifications for the same including revision of minimum plant size thereby increasing the capital cost from Rs. 500 crores to Rs. 750 crores, economic slowdown, imposition of MAT by the Government and decision on strategic partner.

The unit has invested Rs. 361.59 crores on the project.

DC Dahej SEZ has recommended the proposal for extension by one year.

The request is placed before BoA for its consideration.

(iii) Request of M/s Air India Limited, a unit in MIHAN SEZ for extension of validity period of its LoP beyond 31st August 2014

The above mentioned unit was granted LoP on 1st September, 2010 for Maintenance, Repair and Overhauling (MRO) of Aircraft and Ancillary services. The unit has been granted three extensions, validity of which was upto 31st August, 2014.

The Unit has made an investment of Rs 426 crores in the project so far. They have competed 94% of the construction of MRO and 33% of Engine MRO. The unit expects to complete the entire construction of MRO facility by September, 2014. In respect of Engine Test Facility, the final drawings, preparatory work and foundation work at the site has been completed and plinth beam and Tie beam work is in progress. In respect of Engine Overhaul Workshop, the site has been identified and the process of appointing a project management consultant is in process.

DC MIHAN SEZ has recommended the proposal for extension by one year.

The request is placed before BoA for its consideration.

(iv)
Request of M/s. Cura Technologies Limited, a unit in APIIC SEZ for extension of Letter of Permission (LOP) beyond 16th December 2013

M/s. Cura Technologies Limited was granted LoP for setting up a unit in APIIC SEZ on 17th December, 2008. The unit was granted four extensions, the validity of which is up to 16th December, 2013.

The unit has requested for further extension of the validity of the LoP beyond
16th December, 2013 for one year.

The unit has stated that they have completed civil works and constructed a built up area of one lakh sq. ft. with an investment of Rs. 9 crores. The unit expects to commence their operations by October/November, 2014

DC VSEZ has requested for consideration of the request of the unit for extension upto 16th December, 2014.

The request is placed before the BoA for consideration.

(v)
Request of M/s. ACN Infotech (India) Private Limited, a unit in the sector specific SEZ for IT/ITES being developed by M/s. APIIC at Hill No. 2, Madhurawada, Visakhapatnam, Andhra Pradesh for extension of Letter of Permission (LOP) beyond 22nd July, 2013

The above mentioned unit was granted LoP for setting up a unit in the above mentioned SEZ on 22nd July, 2009. The unit has been granted three extensions, validity of which was up to 22nd July, 2013.

The unit has requested for further extension of the validity of the LoP upto
21st January, 2015.

The unit has stated that they could not commence live production due to various issues like power, water, transportation, IT recession, Bank financing etc. The unit has invested Rs. 8 crores till date. The unit expects to commence the operations from October, 2014 onwards.

DC VSEZ has recommended that in view of assurance given by the unit to implement the project, the proposal for extension of LoP upto 21st January, 2015 may be considered by the BoA.

The request is placed before BoA for its consideration.

(vi) Request of M/s Colour Chips New Media Limited, a unit in APIIC IT SEZ at Madhurvada, Visakhapatnam, Andhra Pradesh for extension of validity period of its LoP beyond 4th March, 2014

The above mentioned unit was granted LoP on 5th March, 2009 for undertaking operations of Software Enabled Service Development. The unit has been granted four extensions, the validity of which was upto 4th March, 2014.

The unit has applied for further extension of its validity period by one year.
The unit has completed civil work and constructed a built up area of 40000 sq. ft. with an investment of Rs. 7 crores so far. The unit has constructed four floors of building, each floor consisting of 10,000 sft. and remaining civil works will be completed immediately. The unit expects to implement the project within 6 months.

DC VSEZ has recommended that in view of assurance given by the unit to implement the project, the proposal for extension by one year may be considered by the BoA.

The request is placed before BoA for its consideration.

(vii) Request of M/s Shantha Biotechnics Limited, Unit-1 in M/s Shantha Biotechnics Ltd. SEZ at Muppireddypalli Village, Toopran Mandal, Medak District, Andhra Pradesh for extension of validity period of its LoP beyond 28th September, 2014

The above mentioned unit was granted LoP on 29th September, 2010. The unit has been granted three extensions, the validity of which is upto 28th September, 2014.

The unit has applied for further extension of its validity period by one year.

The unit has completed all construction activities. The civil constructon is 100% completed. The installation of plant and machinery and mechanical commissioning completed. The equipments and facility qualifications are expected to be completed by 30.09.2014. The unit is expected to be ready for manufacturing by 30.11.2015 and commercialization by 31.12.2015. The unit has invested Rs. 72.35 crores till 30.06.2014.

DC VSEZ has recommended the proposal for extension of LoP by one year.

The request is placed before BoA for its consideration.

Item No. 63.4 : Requests for co-developer

(i) Request of M/s. T&V Holdings Private Limited for co-developer in the sector specific SEZ for IT/ITES at Vallancherry village, Guduvanchery, Chengalpattu Taluk, Kancheepuram District, Tamil Nadu, being developed by M/s. Estancia IT Park Pvt. Ltd.

The above mentioned SEZ stands notified over an area of 11.09 hectares.

M/s. T&V Holdings Private Limited has submitted a proposal for becoming a co- developer in the aforesaid SEZ for setting up, operations and maintenance of the area, over an area of 5.27 hectares.

Co-developer agreement dated 22nd August, 2014 entered into with the developer has been provided. Lease Deed dated 22nd August, 2014 has also been provided. Lease period is 30 years. The lease premium payable is Rs. 3 per sq. ft. per month.

DC MEPZ has recommended the proposal.

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

(ii) Request of M/s. Elephant Developers Pvt. Ltd. for co-developer in the sector specific SEZ for IT/ITES including Electronic Hardware and Software at Plot No. 21, Tech Zone-IV, Greater Noida, being developed by M/s. Artha Infratech Pvt. Ltd.

The above mentioned SEZ stands notified over an area of 10.006754 hectares.

M/s. Elephant Developers Pvt. Ltd. has submitted a proposal for becoming a co- developer in the aforesaid SEZ for one tower of approximately 30600 sqmt. super area including basement in the processing area, over an area of 4428 sqm.

Co-developer agreement dated 22nd July, 2014 entered into with the developer has been provided. Draft Lease Deed has also been provided. Lease period is 90 years. The one time lease premium if Rs. 4.80 crore out of which Rs. 10 lakh has already been paid and the remaining amount of Rs. 4.70 crores shall be paid at the time of execution of the lease deed.
In addition, the co-developer shall pay an annual lease rend of Rs. 10 lakh per year during the lease period.

DC NSEZ has recommended the proposal.

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

(iii) Request of M/s. East Godavari Power Distribution Company Pvt. Ltd. for co- developer in the multi product SEZ at Villages Ponnada, Mulapeta and Ramnakkapeta, Kakinada, East Godavari District, Andhra Pradesh, being developed by M/s. Kakinada SEZ Pvt. Ltd.

The above mentioned SEZ stands notified over an area of 1013.64 hectares.

M/s. East Godavari Power Distribution Company Pvt. Ltd. has submitted a proposal for becoming a co-developer in the aforesaid SEZ for undertaking the following operations, over an area of 1013.64 hectares:-

(i) Electrical Distribution Network including necessary sub-stations of appropriate capacity, pipeline network, power back up facilities etc. (ii) Procurement and setting up of infrastructural facilities and equipment required for distribution of power. (iii) Undertake operation and maintenance of the infrastructure facilities and equipment procured and setup for undertaking power distribution function (iv) Undertake power distribution function.

Co-developer agreement dated 17th July, 2014 entered into with the developer has been provided. Draft Lease Deed has also been provided. Lease period is 25 years. The lease rental payable is Rs. 10 per acre per month. In addition, non-refundable, non-interest bearing security deposit of 6 months lease rental, to be adjusted towards rental at the end of the Agreement and Land Development Deposit of Rs. 8 lakhs is payable.

DC VSEZ has recommended the proposal.

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

Item No. 63.5 : 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. Mumbai Futuristic Economic Zone Pvt. Ltd. (Formally M/s. Quippo Infrastructure Equipment Ltd.) Village Shahabaj and Dehenkoni, Dist. Raigad, Maharashtra (i) Biotech and
(ii) IT/ITES (including 3D Animation, E-learning, Visual Effect and related Services etc.)# 24.04 (Biotech) 10.47 (IT/ITES) Yes Yes (27.08.14) Conversion of In- principle approval to formal approval

In-principle approval was granted to the developer on 15.11.2006 for setting up sector specific

SEZ for Engineering which has expired on 15.09.2013. Now the developer has requested for conversion of the In-principle approval into formal approval by creating two new sector specific SEZs viz. Biotech and IT/ITES. The developer has submitted two separate applications for the same. The developer has also requested for change of name of the SEZ from Mumbai Futuristic Economic Zone Pvt. Ltd. to M/s. Attivo Economic Zone (Mumbai) Pvt. Ltd.

The State Govt. has recommended the proposal subject to confirmation from the Competent Authority that the subject land is not reserved for forest.

DC SEEPZ SEZ has recommended the proposal.

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

S. No Name of the Developer Location
Sector Area (in ha) Land Possession
SGR* Status of application (ii) M/s. Wipro Limited Resapuvanipalem Village, Visakhapatnam, Andhra Pradesh
IT/ITES 1.22 Yes Yes (12.08.14) New

The State Govt. has recommended the proposal subject to employment generation of 6400 nos. as promised by the company and renewal of MoU with the Government suitably, specifying timelines for implementation.

DC VSEZ has recommended the proposal.

The proposal of the developer is submitted for consideration of BoA.

S. No Name of the Developer Location
Sector Area (in ha) Land Possession
SGR* Status of application (iii) M/s. Adani Ports and Special Economic Zone Ltd. (APSEZL) Mundra Taluka, District Kutch, Gujarat Multi Product 1856.5335 Yes Yes *

     The proposal for grant of formal approval to the developer was considered in the 59th

meeting of BoA on SEZ held on 30th August, 2013 and it was decided as under:

“The Board noted that the developer was in possession of the land. The Government of Gujarat had also recommended the proposal for approval. However, DC KASEZ/APSEZ had raised certain issues relating to independent access to the proposed SEZ etc. Board noted that MHA had yet to offer its comments and asked that comments be sent within the next 30 days. Board after deliberations, decided to grant in-principle approval to the proposal of M/s. Adani Ports and Special Economic Zone Ltd. (APSEZL) for setting up of Multi Product Special Economic Zone at Mundra Taluka, District Kutch, Gujarat, over an area of 1856.5335 hectares. Before grant of formal approval BoA directed DoC to constitute a committee to examine the outstanding issues and furnish its report to BoA.”

In compliance with the above directions of BoA, a committee under the chairmanship of DC KASEZ was constituted and directed to submit its report to DoC. Since there was no clear recommendation in the Report of the Committee dated 15.10.2013, DC KASEZ was asked to furnish clear recommendations of the committee. The recommendations of the Committee have since been received (Minutes dated 22.11.2013). The Committee decided to
submit the proposal of the developer for grant of formal approval for the proposed new SEZ of Adani Port and SEZ Ltd. (APSEZL) subject to the following conditions:-

(i) The Specified Officer of the existing SEZ shall, in consultation with DC, APSEZL and Commissioner of Customs, Kandla, devise a fool-proof system to avoid any revenue leakage and confirm whether the mechanism proposed by the developer will be adequate to ensure that diversion of material or leakage or revenue is eliminated/ minimized. (ii) The developer shall build proposed fly over within a period of 5 years. In the meantime, the developer should furnish evidence to show that they will have the necessary land/permission to build the flyover. (iii) The developer shall complete the boundary wall in left out parts, all around the Processing and Non-processing areas of existing SEZ before commencing any other work in the proposed SEZ. No LOP for any units should be given until the area is fully securitized by a boundary wall and proper connectivity between the three pockets of proposed SEZ is established by construction of roads/corridor and boundary wall. (iv) The area abetting the creek/sea where it is not feasible to build boundary wall should be provided with adequate marine security by dedicated patrolling vessels with sufficient security and regulatory manpower to ensure that the area is securitized in a fool-proof manner. (v) The proposed SEZ should be used not as an extension of the existing port-based SEZ but as a stand-alone SEZ for exporting units and activities. The infrastructure or activities to be undertaken in the proposed SEZ should not be allowed for port related services. (vi) Prior approval of CRZ & environment clearance shall be obtained by the developer before commencing any commercial operations. (vii) The land-locked pocket of land bounded on all sides by the proposed SEZ and also the places wherever access has been presently provided to the local fishermen/villagers to go through the SEZ shall be manned by security as well as Customs personnel.

The report of the Committee was placed before the BoA in its 61st meeting held on 03rd April, 2014. The decision of the BoA taken in its 61st meeting held on 03.04.2014 is reproduced as under:-

“The Board noted that the Developer is in possession of the land, which is contiguous and vacant. The State Government has also recommended the proposal. However, the Board noted that there are certain issues relating to independent access to the proposed SEZ and security, which were raised by a Committee headed by DC KASEZ. After deliberation, the Board directed DC KASEZ to seek views of the developer on the findings of the Committee by way of a structured questionnaire. The DC shall furnish a report to the DoC considering the reply of the Developer on the questionnaire which shall thereafter be submitted to BoA for consideration.”

Pursuant to the directions of the BoA in 61st meeting dated 3rd April, 2014, the reply of the Developer on the structured questionnaire and report of the DC on the reply of the Developer had been received, which was considered by the BoA in its 62nd meeting held on 24th July, 2007. The minutes of the meeting are reproduced as under:-

“The Board noted that the Developer is in possession of the land, which is contiguous and vacant. The State Government has also recommended the proposal. Representative of MHA informed to the Board that they have accorded security clearance to the proposal. However, the Board noted that there are certain issues relating to independent access to the proposed SEZ and security, which needed to be further clarified. Therefore, the Board, after deliberations, decided to defer the proposal.”

The proposal is, accordingly, submitted for consideration by the BoA.

Item No. 63.6 : Miscellaneous Cases

(i) Request of M/s. Southern Online Bio Technologies Ltd., a unit of APSEZ, Atchutapura, Visakhapatnam District, Andhra Pradesh for sale of biodiesl derived from used cooking oil in DTA

M/s. Southern Online Bio Technologies Ltd., a unit of APSEZ was given approval for import of used cooking oils (restricted Item) exclusively to be used for manufacturing of Biodiesel and export thereof and No DTA sale was allowed by the BoA in its 46th meeting held on 31st May 2011.

The Unit now requested for permission of 25% DTA sale of Bio diesel derived from used cooking oils and other waste raw materials. The Unit further stated the following reasons for their request of Bio diesel sale in DTA:-

(i) The market fluctuations in the European countries is directly Influencing the continuous operation of Unit. (ii) The final product is bio diesel irrespective of the raw material used and hence it is not possible to make DTA sale of raw material i.e. used cooking Oil. (iii) Giving flexibility to SEZ manufacturing Unit to sell in DTA and ensure cash flows. (iv) Increasing demand for Bio diesel from Government agencies like APSRIC, KSRTC and RDSO, Lucknow.

DC Andhra Pradesh SEZ has recommended the proposal.

The proposal of the developer is submitted for consideration of BoA.

(ii) Request of Bhabha Atomic Research Centre (BARC) for permission for transportation of construction material through APSEZ road at Atchutapuram, Visakhapatnam District, Andhra Pradesh

Bhabha Automic Research Centre is establishing a Research and Development centre at Atchutapuram, Mandal, Visakhapatnam in the land provided by the Govt. of Andhra Pradesh through APIIC. The road connecting to State High way to their main campus work is going slowly due to land disputes and it may take about 2 years for completion.

In the meantime, the BARC authorities have requested to use the other road existing through APSEZ connecting to their main campus for transportation of construction material duly practicing the following operation procedure:

(i) Prior intimation in writing will be given to the concerned Authority indicating details of material and time
(ii) The vehicle will be escorted by their employee
(iii) The BARC gate for entry and exit of vehicle transported through APSEZ will be kept locked and shall be guarded by Security personnel under supervision by BARC Security Officers. This gate shall be opened only during transportation of material.

DC Andhra Pradesh SEZ has recommended the proposal.

The proposal of the developer is submitted for consideration of BoA.

(iii) Request of M/s. Anjaney Alloys Ltd., a Unit in APSEZ, Atchutapurma, Visakhapanam District, Andhra Pradesh for permission for import of 60,000 MT Ferro Manganese Slag

M/s. Anjaney alloys Ltd., a Unit in the above mentioned SEZ is using Ferro Manganese Slag (Restricted item) for manufacture of Ferro Manganese and Silico Manganese. The Unit has proposed to Import 60,000 MT of Ferro Manganese Slag and applied for clearance from the MOEF, Delhi.

Earlier, in the 53rd BOA meeting held on 06.07.2012, import of 40,000 MT of Ferro Manganese Slag by the Unit was approved subject to the condition that there shall be no DTA transactions and DC to ensure implementation of MoEF conditions/guidelines in the matter.
After completion of material, the Unit is again requesting to import 60,000 MT Ferro Manganese Slag for its manufacturing process.

DC Andhra Pradesh SEZ has recommended the proposal.

The proposal of the developer is submitted for consideration of BoA.

(iv) Request of M/s Manipal ETA Infotech Limited for amendment to the area given in the formal approval dated 4.1.2012 by increasing the same from 11.20 hectares to 17 hectares

The developer was granted formal approval on 4.1.2012 over an area of 11.20 hectares. The SEZ is yet to be notified.

The developer has submitted the proposal for amendment to the area given in the formal approval dated 4.1.2012 by increasing the same from 11.20 hectares to 17 hectares.

The DC has informed that the additional area is vacant, contiguous and there is no thoroughfare. The land is in possession of the developer.

DC CSEZ has recommended the proposal.

The proposal of the developer is submitted for consideration of BoA.

(v) Request of M/s Stylus Commercial Services Pvt. Ltd., co-developer in M/s. Manyata Embassy Business Park SEZ, a sector specific SEZ for IT/ITES at Bangalore, Karnataka for shifting of operations from C2 Tower to increased office space in H2 Tower

M/s. Stylus Commercial Services Pvt. Ltd. was granted approval as co-developer in the above mentioned SEZ on 28.09.2011 for providing infrastructure facilities. The approval given for undertaking development of about 21696 sq. ft. of built up space in C2 Tower. The co-developer had executed a lease agreement dated 19.04.2011 valid for five years extendable for a further period of five years. The aforesaid built up area was developed and sub-leased to four SEZ units.

The co-developer has submitted the following proposal:-

(i) The co-developer shall provide business centre facilities and services in new building constructed by the developer having a built up area of 37,605 sq. ft. (ii) The developer shall take back the already built up space of 21,696 sq. ft. developed by the co-developer. (iii) All the units in the existing building C2 Tower shall be shifted to new building built by the developer and business centre facilities and services provided by the co-developer.

Lease agreement dated 9.05.2014 for the new built up space of 37,605 sq. ft. in H2 Tower between developer and co-developer valid for five years, extendable for another five years has been provided. Notorised copy of amendment to the agreement between developer and co-developer has also been provided. NOC from the existing SEZ units for shifting operations from C2 Tower to H2 Tower has also been provided.

DC CSEZ has recommended the proposal for amending the existing Letter of Approval in respect of details of facilities proposed to be provided as “providing business centre facilities and services in 37,605 sq. ft of built up space” instead of “for undertaking development of about 21,696 sq. ft. of built up space”.

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

(vi)
Request from M/s. Vedanta Aluminium Ltd., developer of sector specific SEZ for Manufacture and Export of Aluminium at Jharsuguda, Orissa for change of name of the SEZ to M/s. Sesa Sterlite Ltd. SEZ

Consequent upon de-merger of aluminium business of M/s Vedanta Aluminium Ltd. into M/s Sesa Goa Ltd., M/s Vedanta Aluminium Ltd. (both SEZ developer and unit) have also demerged with its Group Company M/s Sesa Goa Ltd. in view of the order passed by the Hon’ble High Court of Madras on 25th July, 2013. Subsequently, the name of M/s Sesa Goa Ltd. has been changed to M/s Sesa Sterlite Ltd. vide Certificate of Incorporation issued by Registrar of Companies on 18th September, 2013.

Earlier, the unit and the Developer wanted to retain their name as Vedanta Aluminium Ltd. The proposal was placed in the BoA in the 60th meeting held on 8th November, 2013, wherein it was decided to refer the matter to Department of Legal Affairs for their opinion on the issue of retaining the name of the SEZ as “Vedanta Aluminium SEZ” for both their entities of ‘Developer’ and ‘Unit’.

Subsequently, they found it difficult on their part to make transactions in the name of “Vedanta Aluminium Ltd.” as the same no more exists. They faced difficulties in getting goods cleared from the port from customs authorities, as IEC of the company has already been amended to “Sesa Sterlite Limited”.

Accordingly, they have requested for change of the name of the Developer from “Vedanta Aluminium Ltd. SEZ” to “Sesa Sterlite Ltd. SEZ” w.e.f. 18th September, 2013.

DC FSEZ has recommended the proposal for consideration by the BoA.

The proposal is placed before BoA for its consideration.

(vii) Request of M/s Unitech Hi-tech Structures Developers Ltd., a developer in sector specific SEZ for IT/ITES at Rajarhat Dist. North 24 Parganas, Kolkata, West Bengal for change in shareholding pattern

The above mentioned SEZ was granted formal approval on 9th August, 2007. The SEZ was notified on 28th November, 2007 over an area of 19.58 hectares. The SEZ is operational as on date.

The Developer has submitted a proposal for change in its shareholding pattern (Annexure-1)

DC FSEZ has requested to place the proposal before BoA for consideration. DC has also requested to take advice of the Legal Wing as they do not have the expertise.

The proposal of the developer is submitted for consideration of BoA.

(viii) Request of M/s OPGS Power Gujarat Pvt. Ltd., a co-developer in M/s. OPGS Infrastructure Pvt. Ltd., a sector specific SEZ for Engineering at Bhadreshwar, Mundra, Kutch, Gujarat for change of nature of power plant from Captive to Group Captive

M/s. OPGS Power Gujarat Pvt. Ltd. was granted co-developer status for generation of power, over an area of 20 hectares in the non-processing area based on decision taken by BoA in its meeting held on 3rd April, 2014. The power plant will be having power generation capacity for 2x150 MW with an aim to fulfill the power requirement at SEZ.

The co-developer has applied for change of nature of their power plant from captive to group captive. The co-developer has stated that when the SEZ units commenced their production in the SEZ, they would be able to consume the electricity produced from their power plant for production process. Meanwhile, many SEZ developer/units and EoUs all over India have approached them to supply reliable an uninterrupted power from their upcoming plant under Group Captive Model.

The co-developer has started setting up of the power plant in the non-processing area and 1st Phase of 1x150 MW plant would start trial production by August, 2014 and their 2nd Phase of 1x150 MW would also commence trial production by January, 2015 which will go in final production by April, 2015.

DC KASEZ has stated that the proposal does not violate any condition of the “Guidelines for power generation in SEZs”, issued by the Department of Commerce on 21.03.2012.

DC KASEZ has recommended the proposal.

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

(ix) Proposal of M/s. MMG Impex, a unit in MEPZ for production of machine finished Sandalwood Products and finished handicraft products of Sandalwood

The above mentioned unit was granted LoP on 6th June, 2012 for manufacture and export of processed human hair.

The unit had applied for inclusion of manufacturing following items in its LoP:-

(i) Sandalwood handicraft products (ii) Sandalwood machine made products (iii) Sandalwood chips (upto 50 grams per piece) (iv) Sandalwood power/dust
(v) Sandalwood flakes/scrap/waste

The above request was placed before the BoA in its 60th Meeting held on 8th November, 2013, wherein the proposal was rejected as the representative of MoEF expressed his reservations on the proposal.

The unit subsequently approached DoC and DC MEPZ on 30th December, 2013 for reconsideration of the decision of the BoA. Accordingly, a reference was made to MoEF on 17th January, 2014 to furnish their views in the matter. The MoEF vide letter dated 26th

August, 2014 has furnished its NOC to the proposal for setting up export unit in respect of machine finished sandalwood products & finished handicraft products of sandalwood subject to approval by the BoA.

(x) Request of M/s Unitech Developers & Projects Ltd., co-developer in sector specific SEZ for IT/ITES being developed by M/s Gurgaon Infospace Ltd. at Dundahera, Gurgaon, Haryana for change in shareholding pattern

The above mentioned SEZ was granted formal approval on 19.06.2007. The SEZ was notified on 03.12.2007 over an area of 11.2021 hectares. The SEZ is operational as on date.

M/s Unitech Developers & Projects Ltd. was granted approval as Co-developer in the above mentioned SEZ on 21.01.2008.

The Co-developer has submitted a proposal (Annexure-2) for change in its shareholding pattern as under:-

Existing shareholding pattern as on 14.05.2014 S. No. Name of shareholder No. of shares % Shareholding (approx)

Unitech Holdings Ltd. jointly with Unitech Builders Ltd. 10 0.01
Unitech Holdings Ltd., jointly with Unitech Business Parks Ltd.
10 0.01
Unitech Holdings Ltd., jointly with Unitech Industries Ltd. 10 0.01
Unitech Holdings Ltd., jointly with New India Construction Company Ltd. 10 0.01
Unitech Holdings Ltd., jointly with Ruhi Construction Company Ltd. 10 0.01
Unitech Holdings Ltd., jointly with Supernal Corrugation India Ltd. 10 0.01
IDFC Limited* 30429 39.94
Gladiolys Realty Inc. Mauritius (an indirect wholly owned subsidiary of Unitech Corporate Parks PLC) 45733 60.00 Total 76222 100.00

These shares have been stated to be pledged in favour of IDFC Ltd. by Unitech Holdings Ltd. and the said pledge was invoked by IDFC Ltd. on 14.05.2014.

Proposed shareholding pattern S. No. Name of shareholder No. of shares % Shareholding (approx)

Gladiolys Realty Inc. Mauritius (an indirect wholly owned subsidiary of Brookfield) 45733 60
BSREP India Office Holdings Pte. Ltd., Singapore, an affiliate of Brookfield Property Group, New York 30489 40 Total 76222 100

As per agreement dated 10.06.2014 between Unitech Corporation Parks PLC (UCP) and BSREP India Office Holdings Pte. Ltd., the base consideration is
£205,000,000, whereas as per agreement dated 10.06.2014 between IDFC Ltd. and BSREP India Office Holdings Pte. Ltd., the base consideration is Rs. 10,91,23,00,000. These agreement provide that BSREP India Office Holdings Pte. Ltd. shall acquire 100% share holding in phased manner by October, 2015.

DC NSEZ has recommended the proposal.

(xi) Request of M/s Unitech Infra-con Ltd., developer of sector specific SEZ for IT/ITES at Plot No. TZ-04, Greater Noida (U.P.) for change in shareholding pattern

The above mentioned SEZ was granted formal approval on 23.05.2007. The validity of formal approval has expired on 8th May, 2014. The SEZ was notified on 15th January, 2008 over an area of 20.23 hectares. The SEZ has not become operational yet.

The developer has submitted a proposal (Annexure-3) for change in its shareholding pattern as under:-

Existing shareholding pattern as on 14.05.2014 S. No. Name of shareholder No. of shares % Shareholding (approx)

Unitech Holdings Ltd.
25271 39.94
Unitech Builders Ltd. on behalf of Unitech Holdings Ltd. 10 0.01
Unitech Business Parks Ltd. on Behalf of Unitech Holdings Ltd. 10 0.01
Unitech Industries Ltd. on behalf of Unitech Holdings Ltd. 10 0.01
Supernal Corrugation India Ltd. on behalf of Unitech Holdings Ltd. 10 0.01
Ruhi Construction Ltd. on behalf of Unitech Holdings Ltd. 10 0.01
New India construction Co. Ltd. on behalf of Unitech Holdings Ltd. 10 0.01
Sparrow Properties Ltd., Mauritius (an indirect wholly owned subsidiary of Unitech Corporate Park PLC)
37980 60.00 Total 63311 100.00

(21100 equity shares of Rs. 10 each were brought back and resultantly numbers of shares of paid up capital reduced from 84411 as on 23.05.2007 to 63311 shares as on 14.02.2013)

Proposed shareholding pattern S. No. Name of shareholder No. of shares % Shareholding (approx)

Unitech Holdings Ltd.
25271 39.94
Unitech Builders Ltd. on behalf of Unitech Holdings Ltd. 10 0.01

Unitech Business Parks Ltd. on Behalf of Unitech Holdings Ltd. 10 0.01
Unitech Industries Ltd. on behalf of Unitech Holdings Ltd. 10 0.01
Supernal Corrugation India Ltd. on behalf of Unitech Holdings Ltd. 10 0.01
Ruhi Construction Ltd. on behalf of Unitech Holdings Ltd. 10 0.01
New India construction Co. Ltd. on behalf of Unitech Holdings Ltd. 10 0.01
Sparrow Properties Ltd., Mauritius (an indirect wholly owned subsidiary of BSREP India Office Holdings Pte. Ltd. Singapore, an affiliate of Brookfield Property Group, New York)
37980 60.00 Total 63311 100.00

As per agreement dated 10.06.2014 between Unitech Corporation Parks PLC (UCP) and BSREP India Office Holdings Pte. Ltd., the base consideration is £205,000,000. This agreement provide that BSREP India Office Holdings Pte. Ltd. shall acquire 60% shareholding being held by M/s. Sparrow Properties Ltd. in phased manner by October, 2015.

DC NSEZ has recommended the proposal.

(xii) Request of M/s Unitech Realty Projects Ltd., developer of sector specific SEZ for IT/ITES at Village Tikri, Gurgaon (Haryana) for change in shareholding pattern

The above mentioned SEZ was granted formal approval on 30.07.2007. The SEZ was notified on 09.01.2008 over an area of 10.041 hectares. The SEZ is operational as on date.

The developer has submitted a proposal (Annexure-4) for change in its shareholding pattern as under:-

Existing shareholding pattern as on 14.05.2014 S. No. Name of shareholder No. of shares % Shareholding (approx)

Unitech Holdings Ltd. jointly with Unitech Builders Ltd. 10 0.02
Unitech Holdings Ltd., jointly with Unitech Business Parks Ltd.
10 0.02
Unitech Holdings Ltd., jointly with Unitech Industries Ltd. 10 0.02
Unitech Holdings Ltd., jointly with New India Construction Company Ltd. 10 0.02
Unitech Holdings Ltd., jointly with Ruhi Construction Company Ltd. 10 0.02
Unitech Holdings Ltd., jointly with Supernal Corrugation India Ltd. 10 0.02

IDFC Limited* 23340 39.88
Tulipa Investments Inc. Mauritius (an indirect wholly owned subsidiary of Unitech Corporate Parks PLC) 35102 60.00 Total 58502 100.00

These shares have been stated to be pledged in favour of IDFC Ltd. by Unitech Holdings Ltd. and said pledge was invoked by IDFC Ltd. on 14.05.2014.

Proposed shareholding pattern S. No. Name of shareholder No. of shares % Shareholding (approx)

Tulipa Investments Inc., Mauritius (an indirect wholly owned subsidiary of Brookfield) 35102 60
BSREP India Office Holdings Pte. Ltd., Singapore, an affiliate of Brookfield Property Group, New York 23400 40 Total 58502 100

As per agreement dated 10.06.2014 between Unitech Corporation Parks PLC (UCP) and BSREP India Office Holdings Pte. Ltd., the base consideration is
£205,000,000, whereas agreement dated 10.06.2014 between IDFC Ltd. and BSREP India Office Holdings Pte. Ltd. base consideration is Rs. 10,91,23,00,000. These agreement provide that BSREP India Office Holdings Pte. Ltd. shall acquire 100% share holding in phased manner by October, 2015.

DC NSEZ has recommended the proposal.

(xiii) Request of M/s Seaview Developers Ltd., developer of sector specific SEZ for IT/ITES at Plot No. 20 & 21, Sector – 135, Noida, U.P. for change in shareholding pattern

The above mentioned SEZ was granted formal approval on 21.06.2006. The SEZ was notified on 12th December, 2007 over an area of 12 hectares. The SEZ is operational as on date.

The developer has submitted a proposal (Annexure-5) for change in its shareholding pattern as under:-

Existing shareholding pattern as on 14.05.2014 S. No. Name of shareholder No. of shares % Shareholding (approx)

Unitech Builders Ltd. on behalf of Aditya Properties Pvt. Ltd. 10 0.01
Unitech Industries Ltd. on behalf of Aditya Properties Pvt. Ltd. 10 0.01
Unitech Business Parks Ltd. on behalf of Aditya Properties Pvt. Ltd. 10 0.01
Supernal Corrugation India Ltd. on behalf of Aditya Properties Pvt. Ltd. 10 0.01

Ruhi Construction Co. Ltd. on behalf of Aditya Properties Pvt. Ltd. 10 0.01
New India Construction Co. Ltd. on behalf of Aditya Properties Pvt. Ltd. 10 0.01
IDFC Limited* 27339 39.94
Dotterel Estates Ltd., Mauritius (an indirect wholly owned subsidiary of Unitech Corporate Parks PLC) 41090 60.00 Total 68489 100

These shares have been stated to be pledged in favour of IDFC Ltd. on 29.06.2012 by Aditya Properties Private Ltd. and said pledge was invoked by IDFC Ltd. on 14.05.2014.

Proposed shareholding pattern S. No. Name of shareholder No. of shares % Shareholding (approx)

Dotteral Estates Ltd., Mauritius (an indirect wholly owned subsidiary of Brookfield) 41090 60
BSREP India Office Holdings Pte. Ltd., Singapore, an affiliate of Brookfield Property Group, New York 27399 40 Total 68489 100

DC NSEZ has recommended the proposal.

(xiv) Request of M/s Neopro Technologies Private Limited (NTPL), developer of sector specific SEZ for IT/ITES at Rajiv Gandhi Info Tech Park, Phase-I, Hinjewadi, Pune, Maharashtra for sale/transfer of equity shareholding of the Company

The above mentioned SEZ was granted formal approval on 27th March, 2012. The SEZ stands notified as on date.

The request of the Developer for 100% sale of shares of the company to M/s Infrastructure Development Finance Company (IDFC) was approved by the BoA in its 57th meeting held on 15th March, 2013. Accordingly, all the shares of M/s NTPL are currently being held by IDFC.

In April, 2014, RBI has granted permission to IDFC to set up banks. The in-principle approval granted by the RBI is valid for 18 months during which IDFC Limited has to comply with the guidelines and other conditions stipulated by the RBI, stated as: “the objective is that the holding company should ring fence the regulated financial services

entities of the Group, including the bank from other activities of the Group i.e., commercial, industrial and financial activities not regulated by financial sector regulators and also that the bank should be ring fenced from other regulated financial activities of the Group.”

Accordingly, IDFC Limited has proposed to divest its entire equity shareholding in NTPL and sell / transfer its 100% shareholding to affiliates of Blackstone. For this, IDFC Ltd., NTPL and Blackstone have entered into a Share Purchases Agreement (SPA) dated August 11, 2014 for sale / transfer of 100% equity shares of NTPL.

DC SEEPZ SEZ has recommended the proposal (Annexure-6).

(xv) Request of M/s Kenexa Technologies Private Limited, co-developer in sector specific SEZ for IT/ITES being developed by M/s APIIC at Madhurawada Village, hill No. 3, Visakhapatnam, Andhra Pradesh for transfer of ownership to M/s IBM India Private Limited and change of name of the co-developer to M/s IBM India Private Limited

M/s Kenexa Technologies Private Limited was granted co-developer status in the above mentioned SEZ on 29.05.2008 for developing infrastructure facilities over an area of 10.17 hectares. The co-developer has submitted a proposal for transfer of ownership from M/s. Kenexa Technologies Private Limited to M/s. IBM India Private Limited. In the present case, the co-developer and the unit are same and accordingly they have requested for transfer the ownership both for co-developer as well as unit.

DC VSEZ has recommended the proposal.

(xvi) Request of M/s Pooja Scrap Industries (Partnership), a unit in VSEZ for extension of validity of LoP for the next block of five years from 31.08.2014

M/s. Pooja Scrap Industries (Partnership), a unit in VSEZ was granted LoP on 15.12.1997 for recycling of imported scrap (ferrous and non ferrous). The unit commenced production on 31.08.1999. The unit is effecting sale of goods (recycled materials) in DTA against payment in foreign exchange from EEFC account to the tune of Rs. 472.68 lakhs during the period from 31.08.2009 to 31.07.2014.

The unit was earlier granted extension of LoP for block of five years from 31.08.2009 to 30.08.2014 by the BoA in its 37th meeting held on 15.12.2009. The Board also recommended that the unit must commence physical exports in a phased manner. Accordingly, LoP was extended by the DC prescribing the condition that the unless the unit achieve annual physical export of atleast 50% of total annual production value by 2013-2014, further renewal of the LoA may not be considered.

The unit is NFE negative of Rs. 668.33 lakhs during the period for which Show Cause Notice has been issued to the unit on 14.08.2014. The Adjudication is under process.

The unit has invested Rs. 22 lakhs so far and provided direct employment to 19 people. The activity undertaken by the unit is covered under Rule 18(4)(d) of SEZ Rules, 2006, which requires approval of BoA.

DC VSEZ has submitted the request of the unit for consideration by BoA

(xvii) Request of M/s. Aricent Technologies (Holdings) Ltd., a unit in M/s. Unitech Realty Project Ltd., IT/ITES SEZ, Gurgaon for undertaking ITES

M/s. Aricent Technologies (Holdings) Ltd. (unit) applied on 9.04.2014 to DC NSEZ for setting up a unit for rendering IT/IT Enabled Services including computer software services, content development and research & development services over an area of 43,061.50 sq. mts. The unit has projected an investment of Rs. 332.80 crores, employment capacity of 3,900 persons and export earnings of approx. Rs. 3,765 crores over a period of next 5 years.

The application was filled by the unit proposing that the unit would be consolidating its certain identified EoU established under the Software Technology Parks Scheme (STPS) as per Instruction No. 70 issued by DoC. The proposal was considered by the UAC on 3 separate occasions. In the UAC meeting dated 21.04.2014, the proposal was deferred and the company was asked to submit additional information along with status of disputes with the Income Tax, Service Tax, Customs, Sales Tax and other departments in respect of its existing STPI units. The details were provided by the unit vide letter dated 2nd June, 2014 and 5th June, 2014. The proposal was again considered in the UAC meeting held on 12th June, 2014, wherein the proposal was deferred and the unit was asked to submit details of fresh investment and employment, which was provided on 4th July, 2014. Subsequently, the proposal was considered in the UAC meeting held on 12th August, 2014 wherein the applicant was informed that the application is being referred to the BoA for directions.

The unit has approached BoA to approve and provide appropriate direction to the DC to grant approval to the unit for setting up a SEZ unit over an area of 43,061.50 sq. mts for IT/ITES. They have also requested to grant a personal hearing in the matter.

DC NSEZ has informed (Annexure–7) that M/s. Durga Softelecom Pvt. Ltd., lessor of STPI unit of M/s. Aricent Technologies Ltd. at Plot No. 418-419, Phase-IV, Udyog Vihar, Gurgaon has served a legal notice dated 21.08.2014 stating that n o permission to shift of SEZ should be granted without taking NOC from M/s. Durga Softelecom Pvt. Ltd. or satisfying the other conditions of legal notice.

DC NSEZ has further informed that the matter was discussed at length by the UAC on 25.08.2014, wherein it was decided to refer the case to BoA for consideration, as the members could not arrive at the consensus. Accordingly, DC NSEZ has forwarded the proposal for consideration by the BoA.

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

Item No. 63.7 : Cancellation of Formal Approvals

In terms of Rule 6(2)(a) of SEZ Rules, Formal Approval is valid for a period of three years by which time at least one unit has to commence production and the SEZ becomes operational from the date of commencement of such production. Proviso to this rule provides for extension of this Formal Approval by Board of Approval, for which the Developer will submit his application in Form C1 to the concerned DC, who shall, within 15 days forward it to the Board with his recommendations.

In the following cases, formal approval has been granted by the DoC. However, since there is no significant progress made by the Developer/co-developer, the concerned DC has proposed for cancellation of formal approval granted to the Developer. The details of cases are as under:-

Sr. No. Name of the Developer/co- developer Sector Date of formal approval Zone Remarks 1. M/s. Hindalco Industries Ltd. (Sambalpur, Odisha) Aluminium product 30.07.2007 FSEZ The formal approval was granted to the developer on 30.07.2007, which was valid till 29.07.2010. The developer was granted extension of formal approval from time to time, the last extension granted has expired on 31.12.2013. The developer did not make any request for extension. DC FSEZ had taken up the matter with the developer, the last reminder was sent on 13.08.2014 giving 10 days time. Since no communication has been received, DC has recommended for cancellation of formal approval of 115 ha and in-principle approval for 740 ha.
2. M/s. Essar Jamnagar SEZ Ltd.
(Jamnagar, Gujarat) Multi Product 21.08.2006 KASEZ The formal approval expired on 20.08.2009. The developer did not make any request for extension. DC KASEZ had taken up the matter with the developer, the last reminder was sent on 15.02.2013. Since no communication has been received, DC has recommended for cancellation of formal approval.
3. M/s. Asia Pacific Corporation Ltd. (Village Bhimsar, Taluka Anjar, Dist. Kutch Gujarat) Polymer based 07.01.2008 KASEZ The formal approval expired on 06.01.2011. The developer did not make any request for extension. DC KASEZ had taken up the matter with the developer. Since no communication has been received, DC has recommended for cancellation of formal approval. 4. M/s. Adani Townships & Real Estate Company Pvt. Ltd. (Village Dantali, SG Highway, Ahmedabad, Gujarat) IT/ITES 12.06.2007 KASEZ The formal approval expired on 11.06.2010. The developer vide letter dated 13.03.2013 has reported that they could not proceed with the SEZ project due to adverse demand scenario from IT sector. Accordingly they are not interested in perusing the project. DC KASEZ has recommended that the formal approval may be withdrawn. 5. M/s. Gaurinandan Property Holders Pvt. Ltd. (Village Badarabad Taluka
IT/ITES 21.11.2008 KASEZ The formal approval expired on 20.11.2011. Since the developer did not take any action for implementation of the Project, DC KASEZ has recommended for

Daskaroi, Dist.
Ahmedabad, Gujarat) cancellation of formal approval. 6. M/s. Gujarat Industrial Development Corporation (Jhagadia Bharuch, Gujarat)
Ceramic and Glass Industry 21.08.2006 KASEZ The formal approval expired on 20.08.2009. The developer vide letter dated 31.01.2009 has reported that they have decided not to pursue with the proposed SEZ. Thereafter, in the review meeting on 25.09.2009 between DC KASEZ and the developer, it was decided to drop the formal approval accorded to the Developer.

DC KASEZ has recommended that the formal approval may be withdrawn. 7. M/s. Integrated Warehousing Kandla Project Development Pvt. Ltd.

Co-developer in Kandla SEZ FTWZ 15.02.2007 KASEZ The co-developer has not taken up any development work so far. The co- developer has not submitted any periodical returns as per SEZ Rules. They have not furnished bond-cum-legal undertaking. The co-developer also has outstanding lease rentals and user charges.

DC has recommended for cancellation of co-developer status.
8. M/s. Chennai Business Park Pvt. Ltd. (Madhuranthagam
Taluka,
Kanchipuram
District, Tamil Nadu) IT/ITES 19.06.2007 MEPZ The SEZ stands notified.

The formal approval expired on 19.06.2010. Since the developer did not take any action for implementation of the Project, DC MEPZ has recommended for cancellation of formal approval/de- notification of the SEZ. 9. M/s. Viraj Profiles Ltd. (Village Amgaon, Taluka Wada, Dist. Thane, Maharashtra Stainless Steel Engineering Products 21.08.2006 SEEPZ The formal approval expired on 20.08.2009. Since the developer did not take any action for implementation of the Project, DC SEEPZ SEZ has recommended for cancellation of formal approval.

The above mentioned proposals for cancellation/withdrawal of formal approval / de- notification / co-developer status of the above mentioned SEZs is placed before BoA for consideration.

Item No. 63.8 : Applications for grant of Industrial Licence

The subject of issue of Industrial License for Defence related items for SEZs was earlier being handled by the Department of Industrial Policy and Promotion. However, the subject has now been transferred to Department of Commerce. The matter was examined in the Department of Commerce and it was decided to place all such proposals / requests before BoA for its consideration.

(i) Application of M/s L&T Shipbuilding Ltd., Chennai for issue of industrial licence for Defence Equipments

The matter under consideration is the issue of industrial license to M/s L&T Shipbuilding Ltd., Chennai for Manufacture of Defence Equipments viz. design and construction of Warships, submarines, weapon platforms (offshore, floating & submerged) including Auxiliary Vessels, High Speed Boats & Crafts, Barges, etc.; Conversion, alteration,

refit, repairs of Defence Ships and Submarines, Manufacture of parts and accessories of ships and boats in SEZ. M/s. L&T Shipbuilding Ltd. is an SEZ unit being developed by M/s L&T Shipbuilding Ltd.

The subject of issue of Industrial License for Defence related items for SEZs and EOUs was earlier being handled by the Department of Industrial Policy and Promotion. However, the subject has now been transferred to Department of Commerce and all the pending cases have been sent to Department of Commerce for issue of Industrial License.

In the subject case, comments of various Departments were sought. The comments from the following Departments have been received:-

(1) Department of Defence Production (2) Ministry of Home Affairs (MHA) (3) Department of Civil Aviation (4) State Government of Tamil Nadu

The comments of MHA and Department of Defence Production are enclosed (Annexure-8).

DC MEPZ has recommended the proposal for issue of industrial licence to the unit.

The proposal for grant of Industrial Licence to M/s L&T Shipbuilding for manufacture of defence equipments is placed before BOA for consideration.

(ii) Request of M/s L&T Shipbuilding Ltd. a unit in L&T Shipbuilding Ltd. at Katupalli, Tamil Nadu requesting for permission for delivery of interceptor boats to Indian Coast Guard

M/s. L&T Shipbuilding Ltd. is a unit in the above mentioned SEZ. The unit has informed that two Interceptor Boats (IBs) are fully ready for delivery to Indian Coast Guard (ICG), one of their client. The ICG has expressed their urgency to deploy these boats for national security duties. The unit has requested to permit them to deliver these boats to the ICG.

The BoA had granted them permission to build various types of strategic vessels subject to grant of Industrial License (IL) by Department of Industrial Policy and Promotion (DIPP) vide letter dated 29.09.2011 subject to the following conditions:-

(i) Each of the consignment of supply to DTA must be thoroughly examined by DC; (ii) While selling in the domestic area, only Government Agencies would be allowed to procure the equipments; (iii) All consignment will be accompanied by an authorized person of the Government procuring agency. Their application submitted to DIPP for grant of IL has since been transferred to DoC.
Subsequently, the unit applied on 21.06.2013 for issue of IL for manufacturing of various items as detailed below:-

(i) Design & construction of warships, submarines, weapon platforms (offshore, floating and submerged) including Auxiliary vessels, high speed boats and crafts, barges, etc. (ii) Conversion, alteration, refit, repairs of defence ships and submarines

(iii) Manufacture of parts and accessories for ships and boats

DoC had sought comments from all the concerned Departments including State Government of Tamil Nadu. The comments of all the Departments have since been received and the proposal for grant of IL to the unit has been separately included as an agenda item in the current BoA.

DC has requested for grant of permission to supply two IBs by the unit to ICG pending issue of IL to the unit. The DC has stated that permission for supply of three IBs has already been granted to the unit by the Zone pending issue of IL.

The proposal for grant of permission to supply interceptor boats is placed before BoA for consideration.

Item No. 63.9 : Appeals before BoA

(i) Appeal of M/s. Stable Packaging Private Limited, a unit in NSEZ against order dated 19.06.2014 based on decision of the UAC

M/s. Stable Packaging Private Limited, a unit in NSEZ was granted LoP on 09.12.2013 for setting up a unit in NSEZ for manufacture and export of items i.e. polyester and polyethylene bags, courier bags, printed/plain zipper bags, ultra clear LD shrink bags/rolls anti-fog bags for vegetables and fruits, moisture sealing films etc. The approval was subject to condition that the unit will achieve the export projections through physical exports of the manufactured products from the unit. Subsequently, upon representation by the unit, the condition was changed as under:-

“This approval is subject to condition that the unit will be allowed to sell its products to SEZs & EoUs in terms of Rule 53 A(m) of SEZ Rules, 2006, in addition to physical exports.”

The unit again represented against the decision. However, DC NSEZ vide letter dated 19.06.2014 inform that their request has not been accepted. The appellant has filed the instant appeal (Annexure-9) against the above rejection.

The appeal is placed before the BoA for consideration.

(ii) Appeal of M/s. Silvershine Corporation, a unit in Dahej SEZ against order dated 03.07.2014 of the UAC

M/s. Silvershine Corporation, a unit in Dahej SEZ had applied for setting up of a unit for manufacture of Paper Disposable Products and Aluminium Granules. The unit was granted LoP dated 16.07.2014 for Paper Disposable Products but their second product i.e. Aluminium Granules was rejected by the UAC on 03.07.2014.

The appellant has filed the instant appeal (Annexure-10) against the above rejection.

The appeal is placed before the BoA for consideration.

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