Wednesday, August 5, 2009

Guidelines regarding “Transfer of In-principle or Formal approval issued to a SEZ Developer to its subsidiary or SPV”

No. C.8/3/2009-SEZ

Government of India
Ministry of Commerce and Industry
Department of Commerce
Udyog Bhawan, New Delhi

Dated the 16th July , 2009

INSTRUCTION NO. 21

Subject: Guidelines regarding “Transfer of In-principle or Formal approval issued to a SEZ Developer to its subsidiary or SPV” – Reg.

The undersigned is directed to enclose herewith guidelines regarding Transfer of In-principle or Formal approval issued to a SEZ Developer to its subsidiary or SPV as per the decision taken in the 31st meeting of the Board of
Approvals held on 15.01.2009 for information and necessary action of all concerned.

2. These guidelines will be valid henceforth with respect to change of name/ transfer of approval cases.

3. Cases not covered in these guidelines would be decided by Board of Approvals.

(T. Srinidhi)
Director

(Annexure to Instruction No. 21)

Guidelines on Transfer of In-principle or Formal approval issued to a SEZ
Developer/approved Co-developer to its subsidiary or SPV

The Board, in its meeting held on 15-01-2009, approved following guidelines for changeof name/transfer of approvals in the following categories:-

(i) Category I – Where there is mere change in name and no change in share holding pattern of the original developer.

(ii) Category II – Where approval is transferred to a 100% SPV or a wholly owned subsidiary (WOS) of the developer company,

(iii) Category III- De-merger in terms of a Court decision in respect of M/s. Bajaj Holdings Pvt. Ltd.

(iv) Category IV- Where partly the equity is held by State Government or one of its organisations by virtue of the State Government’s requirement BOA further indicated that these guidelines will be valid henceforth with respect to
change of name/ transfer of approval cases.

It was further decided that in regard to the rest of the cases the Department of Commerce would separately examine the matter in consultation with the Department of Revenue and come up with separate policy guidelines.

SEZ - AUTHORIZED ACTIVITIES WHICH CAN BE UNDERTAKEN BY THE DEVELOPER /APPROVED CO-DEVELOER BY DEFAULT

Instruction no. 20 has been issued to clarify the activities that CAN BE UNDERTAKEN BY THE DEVELOPER APPROVED CO-DEVELOER BY DEFAULT FROM THE DATE OF NOTIFICATION August 2, 2009

Since a time gap exists between the date of notification and actual approval of the authorized operations by the Board of Approval, to avoid delays in the project implementation, the authorized activities were approved by the Board of Approval as default operations which may be carried out by the Developer or Co-Developer, as the case may be, after the SEZ is notified.

The list of default activities has been given to annexure to the instruction.

The list of authorized operations are as under:

(A) Information Technology/Information Technology Enabled Services, Biotechnology
and Gems and Jewellery Special Economic Zone:

1. Roads with Street lighting, Signals and Signage

2. Water treatment plant, water supply lines (dedicated lines up to source), sewage lines, storm water drains and water channels of appropriate capacity.

3. Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal, Sewage treatment plants

4. Electrical, Gas and Petroleum Natural Gas Distribution Network including necessary sub-stations of appropriate capacity, pipeline network etc.

5. Telecom and other communications facilities including internet connectivity

6. Rain water harvesting plant

7. Air conditioning of processing area

8. Fire protection system with sprinklers, fire and smoke detectors

9. Landscaping and water bodies

10. Boundary wall

11. Built up processing area not less than minimum prescribed 1 lakh sq. m.

12. Office space for Customs and Security staff not exceeding 500 sq.m.

(B) Sector Specific Special Economic Zones

1. Roads with Street lighting, Signals and Signage

2. Water treatment plant, water supply lines (dedicated lines up to source), sewage lines, storm water drains and water channels of appropriate capacity.

3. Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal, Sewage treatment plants

4. Electrical, Gas and Petroleum Natural Gas Distribution Network including necessary substations of appropriate capacity, pipeline network etc.

5. Effluent treatment plant and pipelines and other infrastructure for Effluent treatment.

6. Telecom and other communications facilities including internet connectivity

7. Rain water harvesting plant

8. Landscaping and water bodies

9. Wi Fi and / or Wi max Services

10. Drip and Micro irrigation systems.

11. Boundary wall

12. Factory sheds in processing area

13. Office space for Customs and Security staff not exceeding 500 sq.m.

(C) Multi Product Special Economic Zones

1. Roads with Street lighting, Signals and Signage

2. Water treatment plant, water supply lines (dedicated lines up to source), sewage lines, storm water drains and water channels of appropriate capacity.

3. Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal, Sewage treatment plants

4. Electrical, Gas and Petroleum Natural Gas Distribution Network including necessary substations of appropriate capacity, pipeline network etc.

5. Effluent treatment plant and pipelines and other infrastructure for Effluent treatment.

6. Play ground

7. Landscaping and water bodies

8. Wi Fi and / or Wi max Services

9. Drip and Micro irrigation systems.

10. Boundary wall

11. Factory sheds

12. Office space for Customs and Security staff not exceeding 500 sq.m.

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