Minutes of the 80th meeting of the. Board of Approval for SEZ held on 17 November 2017 to consider setting up of Special Economic Zones and other miscellaneous proposals - SEZ - Minutes of the 80th meeting of the SEZ

Minutes of the 80th meeting of the Board of Approval for SEZ held on 17th November, 2017 The Eighth (80th) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 17th November, 2017 under the Chairpersonship of Ms. Rita Teaotia, Secretary, Department of Commerce, at 11.00 A.M. in Room No. 47, Udyog Bhawan, New Delhi. The list of participants is Annexed (Annexure-I). Item No. 80.1: Requests for extension of validity of formal approvals (5 proposals) 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 5t 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. Nagaland Industrial Development Corporation Ltd. SEZ for further extension of the validity of the Formal Approval for setting up a sector specific SEZ for Agro and Food Processing at Ganeshnagar, Dimapur, Nagaland beyond 11.10.2016 over an area of 50 hectares. The Board, after deliberations, approved extension of the validity of the formal approval up to 11 th October, 2018. Board also directed the DC, FSEZ to take up the matter of early operationalising the SEZ with the Assistance of APEDA and Ministry of Food Processing Industry. (ii) Request of M/s. G.P. Realtors Pvt. Ltd. for further extension of the validity of formal approval, granted for setting up of Electronic Hardware ITATES SEZ at Village Behrampur, Gurgaon (Haryana) beyond 13.11.2017. The Board, after deliberations, approved extension of the validity of the formal approval up to 13th November, 2018. (iii) Request of M/s. Mikado Realtors Pvt. Ltd. for further extension of the validity of formal approval, granted for setting up of IT/ITES SEZ at Village Behrampur, Gurgaon (Haryana) beyond 29.10.2017. The Board, after deliberations, approved extension of the validity of the formal approval up to 29th October, 2019. (iv) Request of M/s. Golden Tower Infratech Pvt. Ltd. for further extension of the validity of formal approval, granted for setting up of IT/ITES SEZ at Plot No. 8, Sector-144, Noida (U.P.) beyond 02.09.2017. The Board, after deliberations, approved extension of the validity of the formal approval up to 2nd September, 2018. (v) Request of M/s. Tata Steel Ltd. SEZ Ltd, Gopalpur, Odisha for further extension of the validity of the Formal Approval for setting up a Multi Product SEZ beyond 17th December, 2017. The Board, after deliberations, approved extension of the validity of the formal approval up to 17th December, 2018. Item No. 80.2 Requests for extension of LOA beyond 3rd Year onward (7 proposals) (i) Extension in validity of Letter of Approval dated 02-09-2014, issued to M/s. DorfKetal Chemicals (I) Pvt. Ltd., Dahej-SEZ, Bharuch, Gujarat. The Board, after deliberations, approved extension of the validity of the LoP up to 1 st September, 2018. (ii) Extension in validity of Letter of Approval dated 08-09-2011, issued to M/s. Benzo Chem Industries Pvt. Ltd., Dahej-SEZ, Bharuch, Gujarat. The Board, after deliberations, approved extension of the validity of the LoP up to 7th September, 2018. (iii) Request of M/s. Tech Mahindra Ltd. (Unit-IV) in the Noida SEZ for extension of Letter of Permission (LoP) beyond 22/04/2017 upto 22/04/2018 The Board, after deliberations, approved extension of the validity of the LoP up to 22nd April, 2018. (iv) Request of M/s. HAAAS Corporation Pvt. Ltd., in the MIHAN - SEZ for extension of letter of Permission (LOP) beyond 15.09.2017 for 4th Extension upto 14.09.2018. The Board, after deliberations, approved extension of the validity of the LoP up to 14th September, 2018. (v) Request of M/s. Rajdhani Craft in Mahindra World City (Jaipur) Ltd., Handicraft SEZ at Village- Kalwara, Jaipur for extension of Letter of Permission (LoP) for a further period of one year i.e. upto 12/08/2018. The Board, after deliberations, approved extension of the validity of the LoP up to 12th August, 2018. (vi) Request of M/s. Escientia Advanced Sciences Private Limited a Unit in M/S. APIIC developed multi product SEZ at Visakhapatnam (APSEZ) for extension of validity period of LoP beyond 20.10.2017 i.e. for fourth extension upto 20.10.2018. The Board, after deliberations, approved extension of the validity of the LoP up to 20th October, 2018. (vii) Request of M/s. Fibrofilt Industries a unit in AMRL SEZ for extension of Letter of Approval (LoA) from 24.05.2013 to 10.08.2019 The Board, after deliberations, approved extension of the validity of the LoP up to 16.11.2018. DC, MEPZ to monitor progress and intimate same to DOC from time to time. Item No. 80.3 Requests for co-developer (7 proposals) (i) Request of M/s ANSR Global Corporation Pvt. Ltd. (formerly known as Network Information Global Services India Pvt. Ltd.), Bangalore for Co-Developer status in Manyata Embassy Business Park SEZ, Bangalore for development of the SEZ area specifically to undertake the authorized operations of conversion of bare shell buildings into warm shell buildings and to lease the built-up space in the above IT/ITeS SEZ. The Board, after deliberations, approved the proposal of M/s. ANSR Global Corporation Pvt. Ltd for undertaking the authorized operations of conversion of bare shell buildings into warm shell buildings and to lease the built-up space (52,301 Sq.ft. comprising of (a) 33,498 sq.ft. in Block Teak [G3], Wing A and (b) 18,803 sq.ft. in Block Mountain Ash[H2] in Wing A in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). (ii) Request of M/s. Biocon Ltd. for Co-Developer status in M/s. Ramky Pharma City (India) Pvt. Ltd. SEZ for the purpose of:- The Board, after deliberations, approved the proposal of M/s. Biocon Ltd. for development and maintenance of the infrastructure including the buildings in the SEZ, Effluent treatment plant, waste yard, WTP tanks etc and other day to day routine activities required to be carried out in the SEZ like Security and house-keeping as agreed in the co-development agreement. (authorized operations proposed by the co-developer) in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). (iii) Request of M/s. Capgemini Technology Services India Limited for co-developer status in the Mahindra World City IT SEZ, Tamil Nadu for granting Co-Developer status. The Board, after deliberations, approved the proposal of M/s. Capgemini Technology Services India Limited to develop the infrastructural requirement in the proposed area in the capacity of a Co-Developer in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). (iv) Request of M/s. ATS Savvy Developers LLP for co-developer in the sector specific SEZ for multi services at Ratanpur, District Gandhinagar, Gujarat, being developed by M/s. GIFT SEZ Ltd. for additional built up area admeasuring 16370 sqft. (1520.8228 sqm.) DC, KASEZ informed that Co-developer agreement had been received and furnished to Department of Commerce on 11.11.2017. After deliberations, the Board approved the proposal of M/s. ATS Savvy Developers LLP for additional built up area of 16370 sqft. (1520.8228 sqm.), in accordance with the supplemental agreement to co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable). (v) Request of M/s. Divyasree Tech Park Contractors Pvt. Ltd for co-developer status in M/s. Lanco Hills Technology Park Pvt. Ltd SEZ for providing infrastructure facilities and other operations including IT/ITES buildings The Board, after deliberations, approved the proposal of M/s. Divyasree Tech Park Contractors Pvt. Ltd. for providing infrastructure facilities and other operations including IT/ITES buildings in an area of 11.15 Hectares (27.55 Acres) in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). (vi) Request of M/s. Glomed Developers Pvt. Ltd. for Co-developer status in MIDC IT/ITES SEZ, Rajiv Gandhi Infotech Park, Phase-III, Hinjewadi, Pune for construction of buildings and related infrastructure for IT/ITES Units, Development of space of IT/ITES Unit and all default authorized operations for area admeasuring 21,539 Sq. Mtrs. The Board, after deliberations, approved the proposal of M/s. Glomed Developers Pvt. Ltd. for construction of buildings and related infrastructure for IT/ITES Units, Development of space of IT/ITES Unit and all default authorized operations for area admeasuring 21,539 Sq. Mtrs in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). (vii) Request of M/s. Nxtra Data Ltd. for Co-developer status in MIDC IT/ITES SEZ, Rajiv Gandhi Infotech Park, Phase-III, Hinjewadi, Pune for construction of buildings and related infrastructure for IT/ITES Units, Development of space of IT/ITES Unit and all default authorized operations for approx area admeasuring 1.90 hectares. The Board, after deliberations, approved the proposal of M/s. Nxtra Data Ltd. for construction of buildings and related infrastructure for IT/ITES Units, Development of space of IT/ITES Unit and all default authorized operations for approx area admeasuring 1.90 hectares in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). Item No. 80.4 : Proposals for setting up of SEZs (One proposal) (i) Request of M/s. Deccan Fine Chemicals (India) Pvt. Ltd. for setting up of a sector specific SEZ for Chemical and Pharmaceutical Sector at Sy. No. 84-93 108, Kesavaram village, Sy. No. 146, 149 150, Rajavaram Village, Payakaraopeta Mandal, Visakhapatnam Dist. Andhra Pradesh, over an area of 53.21 hectares. The Board, after deliberations, approved the proposal for setting up of a sector specific Special Economic Zone for Chemical and Pharmaceutical Sector at Sy. No. 84-93 108, Kesavaram village, Sy. No. 146, 149 150, Rajavaram Village, Payakaraopeta Mandal, Visakhapatnam Dist. Andhra Pradesh, over an area of 53.21 hectares. Item No. 80.5 : Miscellaneous Cases (4 proposals) (i) Request for granting permission to import restricted raw material used cooking oil falling under ITC Chapter Heading 29037100 The DGFT informed that Used Cooking Oil was under Prohibited category and not Restricted category. The Board, after deliberations, deferred the proposal with observation that DC, Dahej may examine the proposal after getting complete details and the views of the Ministry of New and Renewable Energy (MNRE). (ii) Request of Gujarat State Petronet Ltd., (GSPL) for approval as a co-developer for laying about sixteen kilometer gas pipeline in the APSEZ, Mundra. Representatives of DGEP stated that the proposal was not covered as a Co-developer in its strict sense. However, GSPL would not be availing any tax benefit. Further, there is no provision in the SEZ Act, 2005 or SEZ Rules, 2006 for free in and out movement of the goods. Supplying gas in and out of SEZ is not an authorized operation in SEZ as per SEZ Act, 2005. The Board noted that since no tax or duty benefit will be availed by M/s GSPL and that similar permission had been given under Cochin SEZ earlier, approved the proposal subject to the condition that GSPL will not be eligible for any tax or duty benefit for the laying of the pipeline. (iii) Request of M/s. Platinum Holdings Pvt. Ltd. (Chennai) Developer of Sector Specific SEZ for IT/ITES at Abu Garden, OMR Road, Navalur, Chennai, Thiruvallur District, Tamil Nadu for Revocation of cancellation of formal approval. The Board, after deliberations, approved the proposal for revocation of cancellation of formal approval (b) Request of M/s. Platinum Holding Pvt. Ltd for further extension of the validity period of formal approval, granted for setting up of IT/ITES,SEZ at Navalur, Chennai beyond 05.05.2016. The Board, after deliberations, approved extension of the validity of the formal approval up to 30th September, 2018. (iv) Request of M/s. Estancia IT Park SEZ, developer of sector specific SEZ for IT/ITES at Vallancheri Village, Chenglepet Taluk, Kancheepuram district, Tamil Nadu for increase in area of its SEZ The Board, after deliberations, deferred the proposal as it was not clear whether the existing notified SEZ was operational or not. Item no. 80.6 Appeals before BoA (2 Appeal). (i) Appeal of M/s. Reyan Impex requesting for setting up of new unit in NSEZ against order dated 19.09.2017 passed by UAC, NSEZ. The Appellant and Shri Sandeep Aggarwal appeared before the Board on 17.11.2017 and stated that decision of the UAC to reject the application was against the principles of Stan Up and promotion of Women Entrepreneurs and therefore insistence of experience was not correct. She stated that she had done course from Gemological Institute of America. Further, she has requested to give a chance for doing business as a statt up. The Board, noted that though M/s. Reyan Impex qualified to be considered a Stalt Up as per DIPP Notification No. 501 (E) dated 23.05.2017, it had not produced any documentary support of exports, prospective clients, domain knowledge (the Appellant has only done a 7 day course in Gemology) and therefore, rejected the Appeal. (ii) Appeal of M/s. Robinson International Pvt. Ltd. a unit in FSEZ against order dated 17.02.2017 passed by UAC, FSEZ. The BoA, after deliberations, rejected the appeal as it had been preferred after the time limit prescribed in Rule 56(2) of the SEZ Rules, 2006. Decision on supplementary Agenda Item No. 80.7: Change of Shareholding Pattern Cases (14 proposals) Decision of the Board will be circulated separately. Item No. 80.8 - Miscellaneous items (2 proposals) (i) Appeal of M/s. Fast Track CFS Private Ltd., a unit in APSEZL against order dated 07.04.2017 passed by UAC, APSEZL Representatives of DGEP informed that the appeal relates to allowing the Unit to act as a normal Import and Export Port which is not allowed as per the provisions of SEZ Act, 2005 or SEZ Rules, 2006 and therefore opined that it did not agree to allow such warehousing on behalf of the DTA supplier or DTA buyer. The Board, after deliberations, decided to reject the appeal. (ii) Reiteration of Uniform list of default authorized services. The Board, after deliberations, approved the reiteration of the default authorized operations as approved, earlier. Annexure - I List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 17th November, 2017 under the Chairpersonship of Commerce Secretary, Department of Commerce. 1 . Ms. Rita Teaotia, Chairperson, BoA Commerce Secretary, Department of Commerce 2. Shri Alok Vardhan Chaturvedi, DG, DGFT 3. Shri Sunil Kumar, Additional Secretary, Department of Commerce 4. Dr. Prem Verma, Additional DG, DGEP, Department of Revenue, Ministry of Finance 5. Smt. Deepshikha Sharma, Director, CBDT, Department of Revenue, Ministry of Finance 6. Shri Saroj Kumar Behera, Joint Director, DGEP, CBEC 7. Dr. Rakesh. A.R., Research Assistant TCPO, Ministry of Housing Urban Affairs. 8. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi 9. Dr. Krishna Kanth Pulichula, Scientist-C, TDT Division, M/o Science Technology, Dept. of Science Technology, Technology Bhawan, New Delhi. 10. Shri Kumar Arvind, Liaision Officer, Odisha Niwas 11 . Shri Rajiv Malik, Assistant Resident Commissioner, Govt. of Maharashtra, Maha Sadan. 12. Shri Rajiv Nayan, Under Secretary, Ministry of Shipping LIST OF DEVELOPMENT COMMISSIONERS 13. Dr. L.B. Singhal, Development Commissioner, Noida SEZ 14. Shri Baldev Singh, Development Commissioner, SEEPZ-SEZ 15. Dr. Safeena AN, Development Commissioner, CSEZ 16. Shri M.K.S. Sundram, Development Commissioner, MEPZ-SEZ 17. Shri Upendra Vashisht, Development Commissioner, KASEZ 18. Ms. Sobhana K.S. Rao, Development Commissioner, VSEZ 19. Shri J.M. Gupta, Development Commissioner, FSEZ/ISEZ 20. Shri R.P. Goyal, Development Commissioner, APSEZ, Mundra 21. S.K. Sharma, Development Commissioner, Dahej SEZ 22. Shri K.L. Sharma, Development Commissioner, Surat SEZ 23. Shri A.K. Singh, Development Commissioner, Mangalore SEZ LIST OF PARTICIPANTS FROM DEPARTMENT OF COMMERCE 24. Shri T.V. Ravi, Director, Department of Commerce 25. Shri G. Srinivasan, Under Secretary, Department of Commerce 26. Shri Aditya Narayan, Under Secretary, Department of Commerce 27. Shri K.C. Biswal, Section Officer, Department of Commerce