Technorati Tags: SEZ,Special Economic Zone,limit of 5000 hectares
29 May 2009, 0125 hrs IST, Amiti Sen, ET Bureau

NEW DELHI: The government has decided not to apply an area limit of
5,000 hectares for special economic zones (SEZs) if two or more such
zones are merged, clearing the way for big SEZs in the country.
In an amendment to the SEZ rules, the government has also allowed
developers more freedom on selecting the location by defining ‘vacant
land’ where a special zone can be set up as land where there are no
functional ports, manufacturing units, industrial activities or
structures in which any commercial or economic activity is in progress.
As per the SEZ (second amendment) rules published in the Gazette of
India this week, the Centre may consider on merit the clubbing of
contiguous (adjoining) existing notified SEZs notwithstanding that the
total area of resultant zones exceeds 5,000 hectares.
This is in line with the permission given by the empowered group of
ministers (eGoM) on SEZs in the earlier UPA regime to Adani Group’s
Mundra SEZ in February this year to merge its three SEZs into a single
6,100-hectare entity.
“The amended rules make room for more such mergers to happen,” said
Hitender Mehta, an expert in the Assocham committee on SEZs while
welcoming the move. Developers can now set up two or more zones side by
side, respecting the individual caps, and later merge them into a much
larger special zone.
Confusion over ‘vacant land’
The Indian industry is also relieved that the confusion over the
definition of vacant land in the context of SEZs is over. “The
incorporation of definition of vacant land in SEZ rules would help a
number of developers, as they have been repeatedly asking the
government to clarify as to what constitutes vacant land,” said LB
Singhal, director general, Export Promotion Council for EoUs and SEZ
Units.
Last year, there was a lot of debate between the ministries of finance,
commerce and law over what constitutes vacant land, following the
finance ministry’s contention that the Essar Group’s steel SEZ in
Hazira did not qualify for SEZ benefits since it was built on land that
had raised structures.
After several rounds of consultations, the eGoM decided in favour of
Essar, stating that since there was no economic activity in the
structures when the SEZ was being built, the land would be considered
as vacant.


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Posted By CA. Vinod Dasani to CA. Vinod Dasani at 5/29/2009 10:12:00 AM
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