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PRESENTATION ON SEZ BY THE SEZ DIVISION

INTRODUCTION OF SPECIAL ECONOMIC ZONE (SEZ)

SPECIAL ECONOMIC ZONES (SEZ) ARE THE GROWTH ENGINES THAT CAN BOOST MANUFACTURING, EXPORTS AND GENERATE EMPLOYMENT. THE PRIVATE SECTOR HAS BEEN ACTIVELY ASSOCIATED WITH THE DEVELOPMENT OF SEZs.

THE SEZ SCHEME IS COVERED BY SPECIAL ECONOMIC ZONE ACT 2005 AND SPECIAL ECONOMIC ZONE RULES, 2006. BOTH THE ACT AND RULES CAME INTO EFFECT FROM 10.02.2006.

FOR THE PURPOSE OF TARIFF AND TAXATION, THE SEZ IS TREATED AS A FOREIGN TERRITORY. IT WOULD BE UNDER THE PHYSICAL CONTROL OF A SPECIFIED OFFICER (ASSTT. / DEPUTY/ JOINT COMMISSIONER OF CENTRAL EXCISE) AND AUTHORISED OFFICER (SUPDT. / INSPECTOR OF CENTRAL EXCISE) POSTED AT THE ENTRANCE OF THE SEZ. THE ENTRY INTO SEZ IS ALLOWED ONLY THROUGH AN ENTRY PASS ISSUED BY THE CUSTODIAN OF THE SEZ. FOR PERMANENT EMPLOYEE OF THE DEVELOPER, THE ID CARD WILL BE ISSUED BY THE DC.

SIMILARLY, MOVEMENT OF GOODS INWARD AND OUTWARD WILL ALSO BE REGULATED BY GATE PASS/CHALLANS, AUTHORISED BY THE OFFICER POSTED AT THE ENTRY AND EXIT GATE.

SALE OF GOODS FROM SEZ TO DTA UNIT WILL BE ALLOWED SUBJECT TO PAYMENT OF CUSTOMS DUTY AS IF IT IS IMPORTED FROM ABROAD. THE SEZ ACTIVITIES WILL BE PHYSICALLY MONITORED JOINTLY BY THE DEVELOPMENT COMMISSIONER AND COMMISISONER OF CENTRAL EXCISE FROM MINISTRY OF FINANCE WHOSE OFFICIAL WILL BE PRESENT IN THE SEZ THROUGHOUT.

SPCL GROUP IS DEVELOPING SEZs UNDER SPECIAL PURPOSE VEHIVLE (SPV) FORMED TO DEVELOP AND MANAGE THE IT/ITES SEZs. THE DETAILS OF WHICH ARE AS UNDER: THE MANJRI STUD FARM PVT. LTD, PUNE - THE SAME IS OPERATIONAL. ALL THE NECESSARY PERMISISON, APPROVAL, BOND HAVE BEEN OBTAINED FROM THE DEVELOPMENT COMMISSIONER. THE KOLLAND DEVELOPERS PVT. LIMITED, NAGPUR THE SAME IS OPERATIONAL. ALL THE NECESSARY PERMISISON, APPROVAL, BOND ETC. HAVE BEEN OBTAINED FROM THE DEVELOPMENT COMMISSIONER. SUNNY VIEW ESTATES PVT. LIMITED, MOHALI ALL THE APPROVAL WOULD BE TAKEN FROM THE DEVELOPMENT COMMISSIONER SHORTLY. BANGAL SHAPOORJI DEVELOPERS PVT. LIMITED, KOLKATA ALL THE APPROVALS TAKEN EXCEPT SERVICE APPROVAL.

PROCEDURE FOR SETUP OF SEZ

THE DEVELOPER OF SEZ HAS TO IDENTIFY THE AREA AND MAKE AN APPLICATION IN FORM A FOR SETTING UP OF SEZ. THE APPLICATION MAY BE SUBMITTED DIRECTLY TO THE BOA. HOWEVER, THE DEVELOPER HAS TO TAKE THE CONCURRENCE OF THE STATE GOVT. WITHIN SIX MONTHS. IF THE APPLICATION IS SUBMITTED TO THE STATE GOVT. THEN THE STATE GOVT. SHALL SEND THE PROPOSAL TO THE BOA WITH THE RECOMMENDATIONS.

IF THE APPLICATION IS COMPLETE IN ALL RESPECTTHEN THE CENTRAL GOVT. SHALL ISSUE THE LETTER OF APPORVAL TO THE DEVELOPER. THE LETTER OF APPROVAL SHALL BE VALID FOR A PERIOD OF THREE YEARS WITHIN WHICH TIME, EFFECTIVE STEPS SHALL BE TAKEN BY THE DEVELOPER TO IMPLEMENT THE PROJECT.

PROVIDED THAT THE BOARD, MAY, IF IT IS SATISFIED, EXTEND THE VALIDITY PERIOD FOR A FURTHER PERIOD NOT EXCEEDING TWO YEARS UPON A REQUEST MADE IN WRITING BY THE DEVELOPER OR CO-DEVELOPER.

THE DEVELOPER HAS TO SUBMIT AN APPLICATION TO THE CENTRAL GOVT. FOR DECLARATION OF IDENTIFIED AREA AS SEZ.

THE DEVELOPER IS REQUIRED TO FURNISH THE FOLLOWING DETAILS TO THE CENTRAL GOVT FOR NOTIFICATION OF SEZ. :1) PROOF OF LEGAL POSSESSION. 2) THE DEVELOPER HAS TO SUBMIT A CERTIFICATE FROM THE STATE GOVT. THAT THE LAND IS IN POSSESSION OF THE DEVELOPER AND FREE FROM ALL ENCUMBRANCES. 3) IF CASE THE IDENTIFIED AREA IS TAKEN ON LEASE, THE LEASE PERIOD SHALL NOT BE LESS THAN TWENTY YEARS.

4) THE IDENTIFIED AREA SHALL BE VACANT AND THE SAME SHOULD HAVE NO PUBLIC THOROUGHFARE. THE CENTRAL GOVT. SHALL NOTIFY THE IDENTIFIED AREA AS A SEZ SUBJECT TO THE FULFILLMENT OF THE FOLLOWING:1) SUBMISSION OF ABOVE DETAILS. 2) ACCEPTANCE OF TERMS AND CONDITIONS MENTIONED IN THE LETTER OF APPROVAL. 3) AREA PROPOSED IS NOT LESS THAN THE MINIMUM AREA REQUIREMENT.

MINIMUM AREA REQUIREMENT FOR NOTIFICATION OF SEZ:1. FOR MULTI PRODUCT 1,000 Ha (MAXIMUM 5,000 Ha) *** 100 Ha 2. FOR SECTOR SPECIFIC 100 Ha (*** 50 Ha) 3. SEZ IN PORT OR AIRPORT - 100 Ha. 4. SEZ FOR FREE TRADE AND WAREHOUSING 40 Ha. 5. GEMS & JEWELLERY, BIO TECHNOLOGY 10 Ha. 6. ELECTRONIC HARDWARE AND SOFTWARE / IT 10 Ha. *** IN CASE OF SELECTED STATES LIKE GOA, MEGHALAYA, TRIPURA, ASSAM, SIKKIM ETC. FOR ALL THE SEZs MINIMUM PROCESSING SHOULD BE 50%

GRANT OF APPROVAL FOR AUTHORISED OPERATIONS

THE DEVELOPER SHALL SUBMIT TO THE BOA, THE DETAILS OF OPERATIONS PROPOSED TO BE UNDERTAKEN AT THE SEZ. THE EXEMPTIONS, DRAWBACKS AND CONCESSIONS SHALL BE AVAILABLE TO THE DEVELOPER FOR THE AUTHORISED OPERATIONSONLY APPROVED BY BOA.

DEMARCATION OF PROCESSING AND NONPROCESSING AREA

THE DEVELOPER HAS TO MAKE AN APPLICATION TO THE DEVELOPMENT COMMISSIONER DEMARCATION OF SEZ AREA AS A PROCESSING & NON -PROCESSING AREA. THE PROCESSING AREA SHALL BE FULLY SECURED.

ONLY AUTHORISED PERSONS SHALL ONLY BE ALLOWED TO ENTER THE PROCESSING AREA OF THE SEZ. THE DEVELOPER SHALL NOT SELL THE LAND IN A SPECIAL ECONOMIC ZONE. THE DEVELOPER SHALL ALLOT THE LAND IN SEZ ONLY TO A PERSON HOLDING A VALID LETTER OF APPROVAL ISSUED BY THE DEVELOPMENT COMMISSIONER. THE DEVELOPER MAY ALLOT LAND IN THE NON-PROCESSING AREA FOR BUSINESS AND SOCIAL PURPOSE. THE SPECIAL APPROVAL OF BOA IS REQUIRED TO GET THE DUTY BENEFITS.

APPROVAL OF THE SPECIFIED / EXAMINATION AREA

THE DEVELOPER HAS TO MAKE AN APPLICATION TO THE SPECIFIED OFFICER OF SEZ FOR APPROVAL OF SPECIFIED / EXAMINATION AREA.IN CASE THE SPECIFIED AREA IS OUT OF PROCESSING AREA BUT WITHIN SEZ, SUCH AREA SHALL COMPLY WITH SUCH SAFEGUARDS AS MAY BE NECESSARY FOR THE PURPOSE AND APPROVAL BY THE SPECIFIED OFFICER.

APPROVAL OF LIST OF GOODS AND SERVICES.

THE DEVELOPER HAS TO MAKE AN APPLICATION TO THE DEVELOPMENT COMMISISONER ALONGWITH THE LIST OF GOODS AND SERVICES, INCLUDING MACHINERY, EQUIPMENTS AND CONSTRUCTION MATERIALS REQUIRED FOR THE AUTHORISED OPERATIONS, DULY CERTIFIED BY CE FOR APPROVAL BY THE DC. ONLY AFTER THE APPROVAL, THE DEVELOPER CAN IMPORT OR PROCURE MATERIALS WITH DUTY BENEFITS.

EXECUTION OF BONDCUM-LEGAL UNDERTAKING

THE DEVELOPER HAS TO EXECUTE A BONDCUM-LEGAL UNDERTAKING IN FORM D, WITH REGARD TO ITS OBLIGATIONS, PROPER UTILIZATION AND ACCOUNTAL OF GOODS PROCURED DUTY FREE, INCLUDING GOODS PROCURED / IMPORTED BY A CONTRACTOR DULY AUTHORISED BY THE DEVELOPER. THE BOND-CUM-LEGAL UNDERTAKING SHALL BE JOINTLY ACCEPTED BY THE DEVELOPMENT COMMISSIONER AND THE SPECIFIED OFFICER.

REPORTS TO BE SUBMITTED BY THE DEVELOPER TO THE DEVELOPMENT COMMISSIONER / COMMERCE MINISTRY, NEW DELHI

MONTHLY REPORT IN RESPECT OF INVESTMENT / EMPLOYMENT GENERATION ETC. QUARTERLY REPORT HALF YEARLY REPORT HALF YEARLY CONSUMPTION REPORT, WHICH WILL BE CERTIFIED BY THE CE ENGINEER OTHER THAN THE ONE WHO HAS CERTIFIED MATERIAL REQUIREMENT LIST. QUARTERLY REPORT IN RESPECT OF APPROVALS TAKEN FROM THE STATE GOVT. HALF YEARLY REPORT TO THE COMMERCE MINISTRY, NEW DELHI IN RESPECT OF IMPLIMENTATION OF PROJECT.

CONSTITUTION OF APPROVAL COMMITTEE FOR SEZ

THE CENTRAL GOVT. SHALL CONSTITUTE AN APPROVAL COMMITTEE FOR THE SEZ, THIS WOULD CONSIST OF :THE DEVELOPMENT COMMISSIONER AS CHAIRPERSON TWO OFFICERS OF CENTRAL GOVT. NOMINATED BY THEM. TWO OFFICERS OF CENTRAL GOVT. DEALING WITH REVENUE. ONE OFFICER OF CENTRAL GOVT. DEALING WITH ECONOMIC AFFAIRS. TWO OFFICERS OF THE STATE GOVT. NOMINATED BY THEM. A REPRESENTATIVE OF DEVELOPER CONCERNED SPECIAL INVITEE.

FUNCTIONS OF APPROVAL COMMITTEE

APPROVAL OF LIST OF MATERIALS AND SERVICES. MONITOR THE UTILIZATION OF GOODS AND SERVICES IN THE SEZ. APPROVAL OF SETUP OF UNITS IN SEZ. IN CASE THE APPROVAL COMMITTEE IS UNABLE TO DECIDE ON A PARTICULAR MATTER, THE SAME SHALL BE REFERRED TO THE BOARD OF APPROVAL, MINISTRY OF COMMERCE, NEW DELHI.

PROCEDURE FOR IMPORT OF MATERIAL BY SEA / AIR BY THE DEVELOPER / UNIT

PROCEDURES FOR IMPORT

B/E. FOR HOME CONSUMPTION, IN QUINTUPLICATE, TO BE FILED WITH THE AUTHORISED OFFICER OF THE SEZ, WITH AN ENDORSEMENT AS SPECIAL ECONOMIC ZONE CARGO THE SAID B/E. TO ACCOMPANY BILL OF LADING / AIRWAY BILL, INVOICE, PACKING LIST, CERTIFICATE OF ORIGIN, CATALOGUE ETC. THE AUTHORISED OFFICER I.E. INSPTER / SUPDT. OF CENTRAL EXCISE & CUSTOMS SHALL REGISTER THE B/E.

THE B/E. SHALL BE ASSESS BY THE AUTHORISED OFFICER ON THE BASIS OF THE TRANSACTION VALUE. THE B/E. WILL NOT REQUIRE THE COUNTER SIGNATURE OF THE SPECIFIED OFFICER I.E. ADDTT./DY.JT. COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS. IN CASE THE B/E. IS NOT ASSESSED BY THE AUTHORISED OFFICER ON THE DATE OF FILING ITSELF, THE CUSTOMS AUTHORITIES AT THE PORT OF IMPORT SHALL ALLOW TRANSFER OF MATERIAL TO SEZ ON THE BASIS OF THE REGISTERED B/E., IF AN ENDORSEMENT TO THIS EFFECT HAS BEEN MADE IN THE B/E. BY THE AUTHORISED OFFICER.

THE QUINTUPLICATE COPY OF THE B/E. SHALL BE SENT TO THE PORT OF IMPORT ALONGWITH ALL OTHER DOCUMENTS WITH THE TRANSHIPMENT PERMISSION ON THE BACK OF THE QUINTUPLICATE OF B/E. THE MATERIAL SHALL BE ALLOWED TO BE TRANSFERRED FROM THE PORT OF IMPORT TO SEZ WITHOUT EXAMINATION BY THE CUSTOMS AUTHORITIES AT THE PORT OF IMPORT. IN CASE OF LCL CARGO, THE SAME SHALL BE SEALED BY THE CUSTOMS AT THE PORT OF IMPORT.

PROCEDURE AT SEZ ON ARRIVAL OF THE CARGO

ON

ARRIVAL OF MATERIAL AT SEZ GATE, THE MARKS & NUMBER ON THE PACKAGES WILL BE CHECKED BY THE AUTHORISED OFFICER. IF EXAMINATION OF THE CARGO IS REQUIRED, THE SAME SHALL BE DONE AT THE SEZ GATE OR IF IT IS NOT POSSIBLE, IN AN AREA NOTIFIED BY THE SPECIFIED OFFICER FOR THIS PURPOSE. THE 5TH COPY OF THE B/E. BEARING AN ENDORSEMENT OF THE AUTHPRISED OFFICER THAT THE GOODS HAVE BEEN RECEIVED IN THE SEZ SHALL BE SENT TO THE PORT OF IMPORT WITHIN 45 DAYS FROM THE DATE OF CLEARANCE OF MATERIAL FROM THE PORT.

IN CASE THE 5TH COPY OF THE B/E. IS