Request for Change in Area of SEZs

[Ref: SEZ Circular No. 24 dated 16 July 2009]

Subject: Guidelines for dealing with Requests for change in area of SEZs.

F.No. C.8/3/2009-SEZ dated 16 July 2009

It has been decided that the requests for change in area of SEZs should be routed through the concerned Development Commissioner. All the Developers of notified SEZs who wish to change the area of their SEZs may make an application to the Department of Commerce with a copy to the concerned Development Commissioner. For increase in area, the developer may apply in Form Q and for denotification of a portion of area, the developer may apply in Form R alongwith the requisite documents.

2. The Development Commissioner, while recommending the proposal to the Board of approval will follow the guidelines prescribed in Annexure A.

(Annexure to Instruction No. 24)

Annexure A

i) The minimum area requirements as provided under Rule 5 of the SEZ Rules 2006 should be met.

ii) The approval to various requests for changing the area of the SEZs may be approved on file provided the proposal is for modification of the non-notified SEZs.

iii) Once the proposal is notified, proposals for expansion/reduction in the area may be placed before the BoA.

iv) No further reduction of land is allowed for SEZs notified under Rule 5 (3) of the SEZ Rules, which prescribes the requirement of minimum area of land. In case such requests are received, the same will have to be placed before EGoM for a decision.

v) On the requests received for addition of area, the concerned Development Commissioner should submit his report on possession/ownership, nonencumbrance, contiguity and vacancy

vi) On the requests received for de-notification of a portion of area, the concerned Development Commissioner should submit his report on contiguity and vacancy. The concerned Development Commissioner will also submit details of duty free benefits/exemptions availed by the developer under SEZ Act and Rules in respect of the area to be de-notified.

vii) The concerned Development Commissioner will also furnish details of units functioning in the area to be de-notified. If there are any units functioning in the area to be de-notified, the NOC from such units be furnished.

Form Q

Application Form for Increase in Area

[Rule 6A (ii) of SEZ Rules, 2006]

S. No.

Name of the developer

Location

Sector

 

1.

Details of formal approval

 

 

(i) Approval No.

 

 

(ii) Date

 

 

(iii) Area

 

2.

Details of notification

 

 

(i) Date

 

 

(ii) Area

 

3.

Details of notification of additional area, if any

 

 

(i) Date

 

 

(ii) Area

 

4.

Details of additional area sought

 

5.

Total area after addition

 

6.

Whether additional area to be included contiguous to the already notified area

 

7.

Details of documents furnished with the application in support of possession/ownership of additional parcel of land

 

8.

Whether combined coloured map (with proper legends) of the area notified and proposed additional area furnished

 

9.

List of other documents enclosed

 

 

i. Non-encumbrance certificate

i. Not enclosed/Enclosed at Annexure____

 

ii. Development Rights certificate

ii. Not enclosed/Enclosed at Annexure____

 

iii. Certificate of the Developer regarding contiguity and vacancy

iii. Not enclosed/Enclosed at Annexure____

 

iv. Certificate of the Revenue Authority regarding contiguity and vacancy

iv. Not enclosed/Enclosed at Annexure____

 

10. Whether contiguity relaxation sought, if yes, details thereof (In case of Multi Product SEZs only)

 

I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief. I/We will abide by any other condition, which may be stipulated by the Government of India. I/We fully understand that any Letter of Approval granted to me/us on the basis of the statement furnished is liable to cancellation or any other action that may be taken having regard to the circumstances of the case if it is found that any of the statements or facts therein are incorrect or false.

Place: Signature of the Applicant

Date: name in Block Letters

Designation

Official Seal/Stamp

Tel. No. (i)

(ii)

Mobile No.

E-mail

Web-site, if any

Full Residential Address

For the use of the Office of Development Commissioner

I have verified the above mentioned details. I have carried out site inspection on _______ alongwith ______. The proposal is recommended/not recommended for consideration by the Board of Approval in the forthcoming meeting. The reasons for recommending/not recommending are detailed in enclosed report. The certificate of the developer has/has not been countersigned.

Place: Signature of the Development Commissioner

Date: Name in Block Letters

Designation

Official Seal/Stamp

Form R

Application Form for Denotification of Area

[Rule 6A (ii) OF SEZ Rules, 2006]

S. No.

Name of the developer

Location

Sector

 

11

Details of formal approval

 

 

(iv) Approval No.

 

 

(v) Date

 

 

(vi) Area

 

12.

Details of notification

 

 

(iii) Date

 

 

(iv) Area

 

 

(v) additional area, if any

 

13.

Details of area to be de-notified

 

14.

Total area after de-notification

 

15.

Whether SEZ area will be contiguous after denotification

 

16.

Reasons for de-notification of proposed area

 

17.

Whether combined coloured map (with proper legends) of the area already notified and proposed denotification area furnished

 

18.

List of other documents enclosed

 

 

v. Certificate of the Developer regarding contiguity

v. Not enclosed/Enclosed at Annexure____

 

vi. Details of duty free benefits/concessions availed under SEZ Act and Rules

vi. Not enclosed/Enclosed at Annexure____

 

vii. Undertaking to refund the duty free benefits/concessions availed under SEZ Act and Rules

vii. Not enclosed/Enclosed at Annexure____

 

viii. Details of Units functioning in the area to be de-notified

viii. Not enclosed/Enclosed at Annexure____

 

ix. NOC from the Units functioning in the area to be de-notified

ix. Not enclosed/Enclosed at Annexure____

I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief. I/We will abide by any other condition, which may be stipulated by the Government of India. I/We fully understand that any Letter of Approval granted to me/us on the basis of the statement furnished is liable to cancellation or any other action that may be taken having regard to the circumstances of the case if it is found that any of the statements or facts therein are incorrect or false.

Place: Signature of the Applicant

Date: name in Block Letters

Designation

Official Seal/Stamp

Tel. No. (i)

(ii)

Mobile No.

E-mail

Web-site, if any

Full Residential Address

For the use of the Office of Development Commissioner

I have verified the above mentioned details. I have carried out site inspection on ______ alongwith ______. The proposal is recommended/not recommended for consideration by the Board of Approval in the forthcoming meeting. The reasons for recommending/not recommending are detailed in enclosed report. The certificate of the developer has/has not been countersigned.

Place: Signature of the Development Commissioner

Date: Name in Block Letters

Designation

Official Seal/Stamp