TMI BlogCompliance of Contiguity Condition of SEZ in terms of Rules 5 & 7X X X X Extracts X X X X X X X X Extracts X X X X ..... de-notification thereof. 2. It must also be certified in DC's Inspection report that the Physical Inspection has been carried out in the presence of Revenue/Land Authority of the concerned State Government and the name with designation of the officials present during the Physical Inspection also be mentioned in DC's Inspection report. 3. This issues with the approval of the Competent Authority. Yours Faithfully (Sumit Kumar Sachan) Under Secretary to the Government of India Tel: 2306 2496 Email: sumit.sachan@nic.in Encl: As above F.1/5/2016-SEZ Government of India Ministry of Commerce Industry Department of Commerce Udyog Bhawan, New Delhi Dated the 14 th July 2016 OFFICE MEMORANDUM Subject : - Instruction regarding documents to be forwarded for full notification/additional area notification/partial de-notification/full de-notification/change of name of devbeloper or co-developer and shifting of unit from one SEZ to another SEZ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ) Form-C5 for decrease in area along with DC's recommendation. ( ii ) DC certificate in prescribed format. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. (Aditya Narayan) Under Secretary to the Govt. of India Tele 2306 2496 Email:aditya.n@nic.in Encl : as above No.D.12/45/2009-SEZ Government of India Ministry of Commerce Industry Department of Commerce (SEZ Division) Udyog Bhavan, New Delhi Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a minimum built up area requirement. Furthermore the amendments provide that the minimum built up area requirement of one lakh square meters will now be insisted upon for the seven major cities viz: Mumbai, Delhi (NCR), Chennai, Hyderabad, Bangalore, Pune and Kolkata. For the other set of Category B cities 50,000 square meters norm will be applicable and for the remaining cities / locations 25,000 square meters of minimum built up area will be insisted upon. 4. In order to give effect to the changes made in IT/ITES Sector, classification of cities based on their IT density has been made and inserted as Annexure IVA to the amended Rules. 5. Consequent to above amendments, there may be certain requests/proposals for seeking de-notification of parcels of land from the existing SEZs. In order to prevent any possible misuse of such de-notified parcels of land by the Developers, Department of Commerce will consider only such applications which fulfill the following criteria: (i) All such proposals must have an unambiguous 'No Objection Certificate' from State Government concerned. (ii) State governments may also ensure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... land to the Units thereby encouraging optimal utilization of the SEZ land. 8. Vacancy Norms clarified: It has been provided that addition or inclusion of any land to an existing SEZ, where such land contains a port, manufacturing unit, or structures in which no commercial, industrial or economic activity is in progress, then such existing ports, manufacturing units, or structures will not be entitled to any duty benefits in respect of the pre-existing structures. However any additions or up-gradations to such existing ports, manufacturing units, or structures after their addition or inclusion in a SEZ would qualify for the fiscal incentives as applicable for a new infrastructure in a SEZ. The authorised operations being carried on in such infrastructure would also be eligible for benefits as provided for under the SEZ Act and rules . 9. Transfer of Assets by SEZ Units upon their exit: Norms have been laid down in Rule 74A which allow a SEZ Unit to opt out of a SEZ by transferring its assets and liabilities to another entity by way of transfer of ownership including sale of subject to the conditions enumerated in the Rule. These include that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ( d ) The land details for de-notification and a coloured map of the SEZ showing the area being de-notified, duly countersigned by me, are attached.# ( e ) The request for de-notification was approved by BoA in its. . . . . . . . meeting held on . . . . . . and approval was conveyed by D/o Commerce vide letter no. . . . . . . . dated . . . . . . . * OR The request can be approved on file as per the decision of the BoA, taken in the meeting held on-8th June, 2010 (item no. 40.16), as the area being de-notified is less than 10% of the existing area.* ( f ) All conditions subject to which the BoA has granted the approval for de-notification, of the above, area of the SEZ have been fulfilled to my satisfaction. ( g ) The State Government has given its 'No Objection' regarding de-notification of the above stated area of the SEZ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State Govt./Revenue/Land Authorities ( iv ) List of block numbers/survey numbers/Khasra numbers along with area in hectares certified by the State Government/Revenue/Land authorities. (Notification will be issued on the basis of above details) 13 Is there any compulsory acquisition? 14 Is there any litigation over the land/If so, details 15 Is the DC satisfied that all the conditions as required under the SEZ Act/Rules are fully met for the notification? Signature of the Development Commissioner Instruction No. 99 No. F. 1/5/2016-SEZ Government of India Ministry of Commerce Industry Department of Commerce SEZ Division Udyog Bhawan, New Delhi, Dated the 10 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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