No Deviation from SEZ Act and Rules for Partial De-notification in SEZs

·     Procedure and check List for Ministry Approval in SEZ Cases

[SEZ Addendum dated 28th October 2016]

Subject: - Instruction regarding documents to be forwarded for partial de-notification.

In continuation of this Department’s O.M. of even number dated 14th July, 2016 (copy enclosed), the undersigned is directed to say that while forwarding cases of partial de-notification it may also be certified that the ratio of Processing Area and Non-Processing Area after de-notification will adhere to the SEZ Act 2005 & Rules, 2006.

[SEZ Office Memorandum dated 14th July 2016]

Subject: Instruction regarding documents to be forwarded for full notification/addition area notification/partial de-notification/fu11 de-notification/change of name of developer or co-developer and shifting of unit from one SEZ to another SEZ.
The undersigned is directed to say that of late it has been noted in number of instances the documents forwarded by the office of DCs for full notification/additional area notification/ partial de-notification/full de-notification/change of name of developer or co-deve1oper and shifting of unit from one SEZ to another SEZ are not complete in all respect thereby leading to avoidable delay. A checklist for each of the aforesaid item of work is hereby circulated to ensure that complete documents are forwarded along with DC’s recommendation to this Department.
Checklist for Full Area Notification
(i)     State Government’s Recommendation.
(ii)     Inspection Report in prescribed format (copy enclosed).
(iii)    Developer’s Certificate countersigned by DC.
(iv)    Legal Possession Certificate from revenue authorities.
(v)     Non-encumbrance Certificate from revenue authorities. 
(vi)    Land details of area to be notified duly certified by revenue authorities.
(vii)   Colored Map clearly indicating survey numbers and duly certified by revenue authorities.
(viii)  Copy of Registered Lease /sale Deed.
Checklist for Additional Area Notification
(i)     Certificate from concerned State Government or its authorized agency stating that the developer has irrevocable rights to develop the said area as SEZ.
(ii)     Form-C4 for increase in area along with DC’s recommendation.
(iii)    Inspection Report in prescribed format (copy enclosed).
(iv)    Developer’s Certificate countersigned by DC.
(v)     Legal Possession Certificate from revenue authorities.
(vi)    Non-encumbrance Certificate from revenue authorities.
(vii)   Land details of the area to be notified duly certified by revenue authorities.
(viii)  Colored Map clearly indicating survey numbers and duly certified by revenue authorities.
(ix)    Copy of Registered Lease /sale Deed.
Checklist for Partial De-notification
(i)     Forrn-C5 for decrease in area along with DC’s recommendation.
(ii)     DC certificate in prescribed format (copy enclosed).
(iii)    Developer’s Certificate countersigned by DC.
(iv)    Land details of the area to be de-notified countersigned by DC.
(v)     Coloured Map of the SEZ clearly indicating area to be de-notified and left over area duly countersigned by DC.
(vi)    “No Objection Certificate” from the state government w.r.t instructions issued by DoC vide its instruction No.D.12/45/2009-SEZ dated 13.09.2013 for partial de-notification shall be complied with (copy enclosed).
(vii)   ‘No Dues Certificate’ from specified officer.
Checklist for Full De-notification
(i)     Form-C6 for full de-notification along with DC’s recommendation.
(ii)     DC Certificate in prescribed format (copy enclosed).
(iii)    “No Objection Certificate” from the state government w.r.t instructions issued by DoC vide its instruction No.D.12/45/2009-SEZ dated 13.09.2013 for full de-notification shall be complied with (copy enclosed).
(iv)    ‘No Dues Certificate’ from specified officer. .
Checklist for Change of Name of Developer/Co-Developer
(i)     Copy of Fresh Certificate of Incorporation, consequent on change of name issued by Registrar of Companies.
(ii)     The details of Board of Directors and their shareholding pattern before and after name change duly certified by Chartered Accountant.
(iii)    ‘No Objection Certificate’ from the developer, in case proposal is for change in name of co-developer.
Checklist for Shifting of Unit From One SEZ to Another
(i)     ‘No Dues Certificate’ from the existing developer/co-developer.
(ii)     Consent Letter/Offer of space from the developer/co-developer where unit wants to shift.
2.  Such proposals should not henceforth be sent to the Department by post/courier. A responsible officer not below the level of DDC should deliver the proposals to this Department. In case the proposals do not fulfill the above requirement, the proposals shall not be accepted and shall be returned to the DDC for completion.