7.19

(a) Registering authority for SEZ units, shall be the Development Commissioner of the SEZ concerned. A separate Registration-cum-Membership Certificate shall not be required in their cases as provided for in paragraph 2.44 of the Policy.

(b) Importer-Exporter code number for SEZ units shall be allotted by the Development Commissioner concerned

If an industrial enterprise is operating both as a domestic unit as well as an SEZ unit, it shall have two distinct identities with separate accounts, including separate bank accounts. It is, however, not necessary for it to be a separate legal entity, but it should be possible to distinguish the imports and exports or supplies effected by the SEZ units from those made by the other units of the enterprise.

(c) Apart from the original power delegated under the policy and the Handbook of Procedure (Vol. I), the Development Commissioners of SEZ have been delegated with the following powers in respect of SEZ units.

(i) Approve all matters relating to post approval operation of the unit including import/procurement of additional capital goods, increase in value of capital goods on account of foreign exchange rate fluctuations, enhancement of production capacity, broad banding/diversification, change in name of the company or the implementing agency and change from a company to another provided the new implementing agency /company undertakes to take over the assets and liabilities of the existing unit and merger of two or more SEZ units.

(In above (i) bold word has been corrected vide PN No. 17/2002, Dt. 05/06/2002)

(ii) Exercising of powers of adjudication under Section 13 read with Section 11 of Foreign Trade (Development & Regulation) Act, 1992 in respect of SEZ units.

(iii) Get the premises vacated under the Public Premises Eviction Act in case the rent on the plot/built up premises allotted to the units is in arrears or if the plot/shed is not utilised for the purpose for which the same has been allotted.

(iv) Valuation of exports declared on SOFTEX form by the units located in Special Economic Zones.

(v) Issuing eligibility certificates for grant of employment visa to low level foreign technicians to be engaged by SEZ units.

(vi) Approve applications for setting up of units in SEZ other than proposals for setting up of unit in the services sector (except software and IT enabled services, trading or any other service activity as may be delegated by the BOA), provided that the item of manufacture does not require an industrial licence under the Industries (Development & Regulation) Act, 1951.

(vii) Green Card will be issued by the DC concerned to SEZ units automatically after execution of Legal Undertaking.