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Union of India - Section

Section 80 in The Special Economic Zones Rules, 2006

80. [ [Inserted by Notification No. G.S.R. 909(E), dated 19.9.2018 (w.e.f. 10.2.2006).]

If an Special Economic Zone Unit, in case of bona fide default, fails to achieve the minimum specified Net Foreign Exchange or specified value addition, then such shortfall may be regularised after the Unit deposits an amount equal to one per cent. of shortfall in Free on Board [***] Value.]Form-AApplication for Setting up of Special Economic Zone[Refer rule 3]
I. Name and address of the Undertaking in full (Block Letters) ___________________________________
Name of the Applicant ___________________________________
Full Address ___________________________________
(Regd. Office in case of limited companies and Head Office for others) ___________________________________
Pin Code ___________________________________
Tel. No. ___________________________________
Fax No. ___________________________________
Permanent E-Mail Address ___________________________________
Name and address of each of the Directors/Partners/ Promoters, as the case may be ___________________________________
II. Nature of the applicant Firm or Company:(a)Public Limited Company(b)Private Limited Company(c)Proprietorship(d)Partnership(e)Others (please specify)Note.-Copy of certificate of incorporation alongwith Article of Association and Memorandum in case of companies and partnershipdeed in case of partnership firms may please be attached.III. (i) Location of the proposed Special Economic Zone:Whether the proposal is for-(a)Special Economic Zone for Multi Product.(b)Special Economic Zone for Specific Sector.(c)Free Trade and Warehousing Zone.(Tick R as applicable)IV. (a) Distance from the nearest Sea Port or Airport or Rail or Road head to the proposed Special Economic Zone.(b)Indicate the area of the proposed Special Economic Zone (in hectares)(c)Whether the applicant is owner of the land and the land is in his/its possession.(d)In the case of lease hold land, name of the lessor and the lease conditions.(e)If the land is not in ownership or possession, steps being taken for acquisition of land.(f)Whether the area is contiguous or not or whether there is any thoroughfare?V. Proposed Financial/Investment Details:(i)Cost of Land.(ia)Type and quality of land i.e. waste and barren land, single crop or double crop etc.]. [Inserted by G.S.R. 72(E), dated 3-2-2009 (w.e.f. 3-2-2009](ii)Cost of proposed infrastructure, namely:-(a)Development of land.(b)Boundary walls, roads, drainage, water supply, electricity, etc.(c)Ready Built up factory premises.(d)Port.(e)Airport.(f)Others, if any, give details(iii)Total InvestmentsVI. Means of Financing(a)Equity Capital(b)Term Loan(c)External Commercial Borrowings, if any, furnish details.(d)Any other sourceTotal[VI.A. Foreign Direct Investment (FDI) [Inserted by S.O. 393(E), dated 16-3-2007, (w.e.f. 16-3-2007).](a)Extent of FDI (if any) in million U.S. Dollars.(b)Source of FDI (Country and Company details may be provided.]VII. Equity including Foreign Investment(i){||-|| ($ Thousand)| (Rs. Lakhs)|-| (a) Authorized| ..........................| ..............................|-| (b) Subscribed| ..........................| ..............................|-| (c) Paid up Capital| ..........................| ..............................|}Note : If it is existing company, please give the break up of the existing and proposed capital structure.(ii)Pattern of share holding in the paid-up capital (Amount in Rupees)
  (Rs. in lakhs) (US $ Thousand)
(a) Foreign holding .......................... ..............................
(b) Non Resident Indian company/individual holding .......................... ..............................
(i) Repatriable .......................... ..............................
(ii) Non-repatriable .......................... ..............................
(c) Resident holding .......................... ..............................
(d) Total .......................... ..............................
VIII. Development of identified area as Special Economic Zone : Give the following details:-Area in hectares(i)Total area proposed for development as Special Economic Zone.(ii)Area proposed to be developed as processing area.(iii)Development activities proposed in the processing area, namely:-(a)site development,(b)construction of boundary walls,(c)construction of roads,(d)installation of water supply and sanitation and sewage systems,(e)power distribution system,(f)telecom facilities,(g)construction of factory buildings and warehouses,(h)Any other activity which may be required in the processing area.(iv)Area proposed to be developed as non-processing area.(v)Activities proposed in the non-processing area, namely:-(a)Residential.(b)Commercial complex.(c)Recreation facilities.(d)Social amenities-give details.(e)Others-specify.(vi)Standards of operation and maintenance of the facilities proposedIX. Indicate exports and direct and indirect employment likely to be generated during the first five year period.(Attach a Project Report outlining the economic and commercial viability of the proposal)X. Has the applicant obtained any, Permission or Approval from Government of India for setting up any other SEZs, if so, details may be given and/or whether any such application is pending consideration before the State Government or Government of India?XI. Has the applicant or any of his partners/Directors who are also partners/Directors of any other company or its associate concerns are being proceeded against and have been debarred from getting any Licence or Letter of Intent or Letter of Permission under the Foreign Trade (Development and Regulation) Act, 1992/Customs Act, 1962/Foreign Exchange Management Act, 1999/Central Excise Act, 1944.Place....................Date.....................Signature of the Applicant...................Name in Block Letters........................Designation..................................Official Seal/StampTel. No......................................E-mail.......................................Web-Site, if any.............................Full Residential Address.....................[***] [Deleted by S.O. 393(E), dated 16-3-2007, (w.e.f. 16-3-2007).]UndertakingI/We hereby undertake to abide by the provisions of the Special Economic Zones Act, 2005 and rules and orders made thereunder.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 or the State Government. 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. An affidavit duly sworn in support of the above information is enclosed.CHECK LIST [Inserted by S.O. 393(E), dated 16-3-2007, (w.e.f. 16-3-2007).]
(1)Name of the Developer.
(2)Proposed area of the location of the SEZ.
(3)Status of recommendation of the proposal by the State Government (if available).
(4)Whether proposal is for formal or in-principle approval? (In case land is in possession of the promoter, it is considered for formal approval).
(5)Is it a multi-product SEZ?
(6)If it is a sector specific SEZ, the sector is.
(7)Whether it meets the area requirements?
(8)Area of the SEZ (in hectares).
(9)Whether Form-A has been filed?
(10)Whether undertaking and affidavit has been submitted?
(11)Whether project report has been submitted?
(12)Whether land is owned/leased and is in possession of the Developer?
(13)Does the proposal meet the area requirements of the Rules?
(14)Whether the land has existing structures or is vacant?
(15)Whether the land is contiguous?
(16)Projected investment in the project.
(17)Projected exports from the project.
(18)Projected employment from the project.
(19)Share Capital and Reserves of the Developer Company.
(20)Source of funds for the project.
(21)Net worth of the Applicant (including Group companies) duly supported by Audited Accounts of the Developer for last 3 years (for all the constituents in case the Developer is a SPV). If the company is a new company, audited accounts of Flagship Company/promoters may be provided.
(22)Extent of FDI (if any) in million U.S. Dollars.
(23)Source of FDI (Country and Company details may be provided.
(24)Whether provisions contained in the Press Note No. 5 (2005 Series), issued by the Ministry of Commerce and Industry have been followed in respect of Telecom/IT SEZ development?]Place....................Date.....................Signature of the Applicant...................Name in Block Letters........................Designation..................................Official Seal/StampTel. No......................................E-mail.......................................Web-Site, if any.............................Full Residential Address.....................[Form-A1Application form for Approval Of Co-developer[Refer rule 3A]
1 Name and address of the Developer :
2 Letter of Approval No. and date :
3 Type of Special Economic Zone : Multi-Product / Sector Specific
4 If Sector specific, name of the sector for which approval hasbeen given :
5 Date of notification of the Special Economic Zone :
6 Total area of the Special Economic Zone (in hectare) :
7 Name and address of the proposed co-developer :
8 Details of the infrastructure facilities/authorized operationswhich will be undertaken by the co-developer (mention :  
9 Total area on which the activities are to be performed by theco-developer  
10 Proposed amount of investment by the co-developer (in Rs.crore) :
11 Level of equity held by the Developer in the entity proposedto create business/recreational/residential facilities in theSpecial Economic Zone  
12 Net worth of the co-developer (in Rs. crore) :
13 (a) Whether an agreement has been entered into between thedeveloper and the co-developer : Yes/No
  (b) if yes, whether a copy of this agreement has been enclosedwith this application form : Yes/No
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:Date:Signature of the ApplicantName in Block LettersDesignationOfficial Seal/StampTel. No.E-mailWeb-Site, if anyFull Residential AddressRecommendation of Development CommissionerThe proposal has been examined and my recommendation is as follows :Signature of Development Commissioner]Form-B(Format for Letter of Approval for SEZ Developer)[See rule 6]No. [SEZ] [Substituted by S.O. 393(E), dated 16-3-2007, (w.e.f. 16-3-2007).]Government of IndiaMinistry of Commerce and Industry Department of Commerce(SEZ Section)Dated the................................................To,................................................................................................................................................................................................Subject : Setting up of Special Economic Zone at....................Reference : Your proposal/s No............dated.....................Sir(s),With reference to your above mentioned application, Government of India is pleased to approve your proposal for development, operation and maintenance of the Special Economic Zone (SEZ) at village............................, District.................in the State of ......................., as per details given below:-I. proposal and Project Details-To set up a Special Economic Zone for multi-product or a Special Economic Zone for specific sector over an area of ..........at.............(Place, District and Name of the State).II. Developer.-..................(Name of the developer)III. General Conditions.-
(i)The Developer shall develop, operate and maintain the Special Economic Zone in terms of the Special Economic Zones Act, 2005 and the rules made thereunder.
(ii)The Developer shall execute Bond-cum-Legal Undertaking as required under rules 12 and 22 of the Special Economic Zone Rules, 2006 for the authorized operations.
(iii)The Developer shall obtain the required approval from various statutory authorities under relevant statutes and regulations of the Government of India and the State Government and local bodies.
(iv)The Developer shall make adequate provision for rehabilitation of the displaced persons.
(v)The project shall be implemented and operated in terms of the Special Economic Zones Act, 2005 and the rules and orders made thereunder.
(vi)The Developer shall conform to the environmental requirements.
(vii)The Developer shall abide by the local laws, rules, regulations or bye-laws in regard to area planning, sewerage disposal, pollution control, labour laws and the like as may be locally applicable.
(viii)The Developer shall raise the required funds for the project. External commercial borrowing, if any, will be as per the guidelines of the Ministry of Finance, Department of Economic Affairs, Government of India, New Delhi.
(ix)This approval is valid for a period of three years within which time the Developer shall implement the project. The project implementation progress report will be submitted to Government of India every six months.
(x)This approval is liable to be suspended in case of violation of any of the terms and conditions stipulated herein.
(xi)The operation and maintenance of the facilities will be made as per the standards specified in the proposal and to the satisfaction of the users.
(xii)The Developer shall maintain adequate manpower to provide the facilities.
(xiii)The user charges will be finalised in consultation with the Development Commissioner and the users. This shall be subject to revision as per the agreed terms.
(xiv)The Developer shall obtain the approval of Board for specific activities proposed to be undertaken for development, operation and maintenance of Special Economic Zone. Based on the activities approved by the Board, the Developer shall be entitled for duty-free import or domestic procurement of goods for the approved activities under rule 10 after the Special Economic Zone has been notified.
(xv)The authorized operations shall be carried out in terms of the parameters laid down in the Special Economic Zones Act, 2005 and the Rules and orders made thereunder and in accordance with the proposal approved herein.
(xvi)No duty-free goods shall be available for personal use of, or consumption by officials, workers, staff or owners of the Unit or Developer.
(xvii)Normally, no extension of validity period of three years for implementation of the project will be considered. Any request, however, may be considered by the Board, on merits. Such request shall be submitted to the Government six months before expiry of the approval period.
(xviii)The developer shall bear the cost of staff provided by the Government to man the posts in the Special Eocnomic Zone and will deposit the requisite amount as and when demanded by the Development Commissioner]. [Inserted by G.S.R. 72(E), dated 3-2-2009, (w.e.f. 3-2-2009).]