COCHIN SPECIAL ECONOMIC ZONE AUTHORITY (CSEZA)

OPERATION MANUAL (ALLOTMENT)

Issued by CSEZ Authority

 CONTENTS

1. Allotment instruction for guidance

2. Schedule I
3. Schedule II
4. Schedule III
5. Schedule IV – List of Forms
COCHIN SPECIAL ECONOMIC ZONE AUTHORITY (CSEZA)
OPERATION MANUAL (ALLOTMENT)

1. INTRODUCTION

Special Economic Zone (SEZ) is a notified area under Special Economic Zones
Act, 2005 and operates as per Special Economic Zones Rules, 2006. Every SEZ is
operated and maintained by a developer approved under the Act. The entire
spectrum of activities is governed by this comprehensive statute which does
not, excepting in a few situations, require reference to another statute.

1.2 Cochin Special Economic Zone (CSEZ), operated by the Department of

Commerce, Government of India, as a multi-sector SEZ, earmarks plots and
buildings where entrepreneurs may set up units for specified purposes of
manufacturing, trading or rendering services, including warehousing, for
export. While the units have an obligation to export goods or services, the
developer is responsible in perpetuity to provide infrastructure facilities for use
by such units.

1.3 Proposals of entrepreneurs for setting up units are required to be

approved by an Approval Committee constituted under Chairmanship of the
Development Commissioner. One of the pre-requisites of the approval process
is willingness of the developer to allot space to the entrepreneur. This function
is discharged by the Development Commissioner, CSEZ who is also ex-officio
Chairman of the CSEZ Authority. The Authority is the custodian of the property
of the Government of India; space is allotted by the Chairman through an
implied delegation since the speedy decision making in such matters forecloses
the option of allotment being done by the Authority which meets once in a
quarter and the scale of decision being not of such a high order as to warrant
exclusive operation by the meeting of the Authority.

1.4 This delegation needs to be exercised in a transparent and systematic

manner consistent with the objectives of the Central Government in
establishing the SEZ. Without restraining the discharge of the functions of the
Chairman in public interest, this manual lays down a detailed procedure for
allotment with intent to maximize exports, increase employment and ensure
harmony with the ecological environment without being a burden on the
municipal system.

2. CSEZ AUTHORITY

Vide notification dated 27the February 2009, Government of India has

constituted the Cochin Special Economic Zones Authority to exercise powers
and discharge functions assigned to it under the SEZ Act including power to
acquire, hold and dispose of movable and immovable property as well as to
enter into contracts in respect of the estate under CSEZ, pursuant to which, the
entire assets of the Cochin SEZ stands transferred to the custody of CSEZ
Authority w.e.f. 1st April 2009. CSEZ Authority will undertake such measures as
it thinks fit for the development, operation and management of the zone, and
in particular to develop infrastructure, levy user charges, fee or rent for use of
property belonging to it.
2.2 In accordance with the statutory provisions ‘CSEZ Authority Fund’ has
been established with which all user charges and levies shall be credited. Lease
rentals and general receipts are maintained in Account No. 30728631084 with
State Bank of India CEPZ Branch (Kakkanad), which is one of the accounts
operated for the said Fund.

3. ELIGIBILITY:

An individual, firm or any body corporate desirous of setting up a unit in

CSEZ for authorized operations, in accordance with the SEZ Act and SEZ Rules,
is eligible to apply for allotment of space in the processing area. Space for
entrepreneurs shall be in the form of defined plots, identified by designated
numbers, or built-up space in Standard Design Factories (SDF) or Multi-storied
Standard Design Factories (SDF) in the custody of the Authority. Space shall be
made available to infrastructure-providers in the processing area if they are
exclusively rendering services to the units as a common facility or are willing to
function as units within the meaning of the SEZ Act and Rules.

3.2 Service providers, including staff canteen, crèche, post office, telephone
exchange, banks etc. are eligible for allotment of space in the non-processing
area also subject to availability of space and the extent to which it services the
units in the SEZ. Such services can be availed of by the general public. The
applicant should be competent to contract. For this purpose, every area in the
custody of the Authority shall have a non-processing area if the Authority
considers it necessary.

4. CRITERIA FOR ALLOTMENT

Space shall be allotted in accordance with request made by an applicant

and consistent with the size and nature of the project. The quantum of exports
projected and the prospective employment will constitute the determining
parameters among the various applicants for a particular space. The Chairman
has full discretion to reject any application without assigning reasons and no
further correspondence shall be entertained in the matter.

5. AVAILABILITY OF SPACE, APPLICATION AND ALLOTMENT

The CSEZ has 103 acres of land in Kakkanad identified as ‘Processing Area’; of
this, 70 acres is the net area used for development of plots and SDF buildings.
All allotments shall be made in this space and in any further expanded area
under the custody of the Authority. Besides the processing area, Administrative
Building Premises, with land appurtenant thereto, is the ‘Non-processing Area’
along with such designated area in future expansion.
5.2 The processing area has 45 developed plots of varying size with a total
area of 245848 m2. There are 9 Single storied Standard Design Factories (SDF)
constructed in the developed plots with total covered area of 13752 m2 and 4
Multi-Storied Standard Design Factory Buildings (MSDF) with an area of
66740m2. Warehousing facility is also available for allotment to units engaged in
trading activities. Units are allotted space in modules according to demand
and subject to availability.

(i) Electronic Complex 4100 m2

(ii) SDF 16 A 23370 m2
(iii) SDF 43-A 13594 m2
(iv) SDF 17 25678 m2
(v) Warehouse (single storied) 2482 m2

5.3 Availability of plots/SDF can be ascertained from the CSEZ Authority

before applying in Form I. As a general principle, the spaces as designated in
the allotments in force as on the date of commencement of this manual shall
be the standard modules and new applicants will be required to request for
space as and when vacant without any additions or reductions to these
modules. The Authority may, upon surrender or vacation of any space, redesign
the space to make up standard square modules of 225 m2. Any expanded area in
the custody of the Authority shall be earmarked as plots of half hectare for
allotment as such or for construction of MSDFs by or on behalf of the Authority.
MSDFs, in the expanded area, shall have square modules of 200 m2. Plots and
space may be allotted in multiples of these designated dimensions for which a
single lease deed may be entered into by the allottee. Upon cancellation of the
lease deed, the space so released shall revert to the dimensions of the original
module. It shall be the responsibility of the allottee to put up partitions or
compound walls for segregating the allotted area.

6. LEASE AND RENTALS

Lease rent for new allottees of plots and built-up space are detailed in
Schedule I for 2010-11. The highest rent payable in any year by any of the
existing allottees of SDF space and plots shall, respectively, be the standard
rent and Schedule I shall stand amended accordingly immediately after the last
meeting of the financial year when enhancement of lease rates applicable for
the year is approved by the Authority.

6.2 Allotment of common areas in the MSDF buildings shall not normally be
allowed. However, in instances where the scope for use by others is negligible,
requests for allotment of common space as a separate module shall be
considered subject to payment of rental at 125% of the standard rate as
compensation for limiting access. Such area shall not, however, be enclosed in
any manner by the lessee concerned.

6.3 The first installment of lease rental shall be deposited as advance for
twelve months and is non-refundable. The same shall be utilized for crediting
towards quarterly rent payable for the remaining part of the financial year in
the year of allotment as and when due. The balance amount shall be applied
for adjusting rents due in the subsequent year. Should the amount in credit be
insufficient to meet the rent due in any quarter, the unit shall be intimated in
Form VI and the unit shall make the payment before the due date. Demands
shall, thereafter, be issued by the fifteenth of March, June, September and
December in Form VI for dues payable for the next quarter which shall be paid
before commencement of the next quarter. Interest shall be levied at a rate of
12% pa for delayed payment upto thirty days. Delays beyond thirty days shall
not, under any circumstance, be permitted and action shall be initiated
immediately thereafter under the Public Property (Eviction of Unauthorized
Occupants) Act. Upon commencement of statutory process, rent liability shall
cease and any amount remitted on this account by the lessee shall be construed
to be a deposit for adjustment of any other dues to the Authority or statutory
agencies and for refund of any balance sum to the evicted entity.

6.4 On completion of every third year of the lease which shall be from the
date of remitting the first installment of lease rents, rents shall be enhanced
by a rate as approved by the Authority to be the prevalent rate for the year.
The rate of increase shall normally be 15% (normal inflation rate) which may be
increased to 25% if the Authority considers it fit. The Authority shall, in varying
the increase, take into account any non-user fee based service that has been
upgraded or provided during the previous year. Such revision, whether standard
or otherwise, shall be approved by the Authority at the last meeting of every
financial year. If, in any year, the enhancement rate is in excess of 15% as
decided by the Authority, that rate shall be continued till all the lessees
existing as on the date of enhancement have been subjected to that enhanced
rate.

6.5 Owing to a previous policy of incentive for early start-up when the time
allowed under the Foreign Trade Policy for implementation was three years,
there are varying rent amounts payable by some lessees. This privilege shall be
available only under the existing lease agreements. The provisions of the
Special Economic Zones Rules, 2006 require implementation within a year and
the incentive for early start-up has been discontinued from 2006-07. Hence,
upon expiry of existing lease agreements of lessees who had been granted this
incentive, the new lease agreements shall be at the rate prevailing in Schedule
I. List of such lessees is detailed in Schedule II.

6.6 The rents payable by all existing leaseholders for the quarter ending 30 th
September 2010 shall be adjusted against advances already remitted by them
and balance remaining thereon shall be adjusted towards dues for the quarter
ending 31st December 2010 with demands issued in Form VI. The dues of
defunct units that are not under action as per Public Premises (Eviction of
Unauthorized Occupants) Act shall also be similarly calculated.

7. DOCUMENTS

The application in Form I should be supported by the following

documents/contents.
 1. Background of the promoters.
2. Profile in brief of the proposed project including projected
exports and employment.
3. Requirement of space depicting the land use pattern,
construction plan and schedule.
4. Annual power and water requirement.
5. Any other information that may be of use.

7.2 The application form, complete in all respects, should be submitted to

the Chairman, CSEZ Authority, Administrative Building, CSEZ P.O., Kakkanad,
Cochin 682 037.

8. SCREENING OF APPLICATIONS

All applications shall be serially numbered by the assigned official of the

Authority. The application shall be scrutinized and placed before the Chairman
within three days of the receipt along with schedule of vacant space. The
Chairman shall decide on acceptance of application, as it is, or with
modifications or rejection after examining compliance with requirements of
Rule 18(2) of SEZ Rules, 2006, the employment potential and the broad
parameters of Schedule III, which lays down the return on space expected in
terms of projected export generation. Should there be any deviation from
parameter when approving an allotment, Chairman shall place it before the
Authority for ratification at the next meeting. The applications of such
intending lessees whose power and/or water requirements cannot be serviced
by the Authority shall be rejected by the Chairman and such applicants are not
entitled to exercise the option by Form IVA.

8.2 An applicant whose request has been approved shall be issued with
Tentative Letter of Allotment in Form II. This shall be converted to Firm Letter
of Allotment in Form III on receipt of Letter of Approval issued under Rule 19 of
SEZ Rules, 2006 and payment of first installment of lease rental as specified in
Form II.

8.3 If no space is available and/or the space available is not suitable /

insufficient for the requirements of the project, appropriate intimation will be
sent to the applicant in Form IV. Applicants desirous of keeping their
applications pending till appropriate space becomes available, may indicate
their intent in the tearaway acknowledgement i.e. Form IVA and send the same
to the Authority within 10 days of receipt of rejection. Such pending
applications shall be retained for six months and applicants will be informed of
the availability as and when vacancy arises during this time.

8.4 Every meeting of the Authority shall include an agenda item (G) relating
to schedule of vacant space in the Zone, allotments made which do not meet
the parameters of Schedule II and a list of rejected and pending applications.
 9. EXECUTION OF LEASE DEED

On receipt of Tentative Letter of Allotment, the applicant shall file an

application under Rule 17 of SEZ Rules, 2006 to the Development Commission
for obtaining a Letter of Approval under Rules 18(2) of the SEZ Rules, 2006
within 15 days of such communication.

9.2 Lease agreement for the Plot and built-up space in SDF Sheds/Buildings
allotted to the unit shall be executed in separate formats for Plot and SDF. The
allottee shall execute a lease agreement prescribed in Form V or VA within one
month of the date of issue of Firm Letter of Allotment. The deed shall be
executed by the Managing Director/Director(s)/any other authorized person(s).
The deed, duly signed before a notary public, shall be submitted to the CSEZ
Authority and, after execution, registered with the jurisdictional sub-registrar.
Registration of the lease deed shall be governed by the provision of the Kerala
Registration Act and Rules and or Regulations made or directions issued, under
that Act. The original document bearing the registration stamp of the sub-
registry shall be submitted to the CSEZ Authority within three weeks of return
from the Authority for registration failing which the allotment shall be
cancelled.

9.3 The lease deed shall incorporate a condition that exports in accordance
with the parameter listed in Schedule III shall be complied with by the unit on
an annual basis. Failure to do so, without justification and unless condoned by
the Chairman, shall result in cancellation of the lease deed and consequent
eviction.

9.4 CSEZ Authority reserves the right to withdraw any plot/built-up space
from the allotment process, without assigning any reason, at any time till the
issue of Form II.

9.5 The original registered lease deed shall at all times be in the possession
of the Authority till cancellation. Cancelled deeds shall be maintained in a
master file. There shall be an annual verification of lease deeds by the
Secretary of the Authority and a certificate to that effect placed in the last
meeting of the Authority for the year.

9.6 Units at times mortgage leasehold rights to leased space or plots in

favour of financial institutions. In such cases, upon request from units in Form
IIIB1, a “no objection certificate” shall be issued in Form IIIB2. It is, however,
clarified that the crystallising of the mortgage shall be subject to the condition
that there is no claim on the property in the custody of the Authority and that
the lease can be reassigned by the financial institution only to an entity
approved by the Chairman as eligible to operate within the Zone. The original
lease agreement shall not be released for such transactions between the unit
and the financial institution.
 10.PAYMENT OF LEASE RENT

All remittances towards lease rent or advance yearly rental for allotment
allotment of space shall be made to the “CSEZ Authority Fund” A/c No.
30728631084 through the CEPZ Branch of State Bank of India (Kakkanad)
directly and copy of the challan furnished to the Authority. Firm letter of
allotment shall be issued only on receipt of advance rent for the first year.

11.CHANGE OF CONSTITUTION/PROJECT PARAMETERS

Any change in constitution of the lessee should be intimated to the

Authority and is subject to provisions contained in SEZ Rules. The project
parameters are not to be subject to any alteration. Changes made with mala
fide intentions are liable to result in cancellation of the lease deed and
consequent eviction as unauthorized occupant.

12.SURRENDER

Surrender of plot or built-up space allotted shall be entertained subject

to clearance of all dues owed to the Authority. However, the advance lease
rent remitted shall not be returned in any case. Removal of moveable property
shall be permitted if there are no dues owing to the Authority and in
compliance with the SEZ Rules, 2006. Built-up space shall be surrendered in the
condition in which it has been taken possession of. It shall be presumed that
the possession has been handed over with properly painted walls – interior and
exterior, with operational toilet, plumbing and electrical fittings and with all
ceilings, doors and windows intact; any lack of these should be brought to the
notice of the Estate Manager at the time of taking possession. Any loss or
damage shall have to be compensated by the vacating unit and clearance shall
be accorded only after Estate Manager has verified the same.

12.2 In case of lessees of plots who have constructed their own buildings or
structures, option to find a buyer for buildings can be exercised provided prior
approval of intending buyer is obtained from the Chairman. In accepting or
rejecting such a transfer of immoveable property, the Chairman shall be guided
by the need for the intending buyer to conform with requirements of Rule 18(2)
of SEZ Rules, 2006 and the parameters in Schedule II.

12.3 Lessees of built-up space who are unable to remove fittings erected in
the allotted space may, at their option, request the Chairman to fix a fair value
which may then be payable by the new allottee. The exercise of this option
shall not be an appealable matter and the Chairman shall have the discretion to
undertake this request or reject it. No claims shall lie against the Authority or
the Chairman in this matter.

12.4 No claim for exercising the option to find a new occupant shall exist
merely owing to inability or unwillingness to remove moveable property.
 13.MISUSE, ALTERATIONS ETC.

The allottee/lessee shall not, use the developed space/SDF building for any
purpose other than that for which it has been allotted/leased. The allottee
/lessee shall not be entitled to divide the pace/SDF building allotted or
amalgamate it with any other space/building area without the prior written
permission of the Chairman or any other officer, authorized by the CSEZ
Authority. In case of violation of the above conditions, allotment shall be
liable to be cancelled and possession of the premises along with structure
thereon, if any, shall be resumed by the CSEZ Authority. The Authority shall
also be compensated for any damage to the buildings.

14.LIABILITY TO PAY TAXES, CHARGES, USER FEE

The lessee/allottee will be liable to pay all rates, taxes, charges, user fee
and assessment of every description imposed by any legally constituted
authority in this behalf, in respect of the space, whenever such charges are
imposed on the improvements/structures from time to time. The lessee shall
also ensure compliance with laws relating to safety and employee welfare.
Repeated misdemeanours may lead to cancellation of the lease deed.

15.CANCELLATION

The Chairman may order cancellation of the plot/built-up space for breach
of terms and conditions of allotment/lease deed. In addition to the specific
clauses relating to cancellation, cancellation of lease/allotment may be
ordered in the case of any violation of provisions of this Manual, directions
issued or Rules and Regulations issued by statutory bodies whose jurisdciction
extends to the unit. No appeal shall lie against such cancellation order.

16.RESTORATION OF CANCELLED ALLOTMENT

For cancellations made under paragraph 15, restoration can be considered

only with the specific approval of the CSEZ Authority upon a reference made to
the Authority by the Chairman. Should the Authority restore the allotment, the
lease agreement shall continue to be valid.

17.PROCEDURE FOR EVICTION

The Zone being property of the Central Government, any unauthorized

occupant is liable to be proceeded against under the Public Premises (Eviction
of Unauthorized Occupants) Act. The only validity for occupation of space in
the Zone is the Lease Agreement entered into with the Authority and lease
agreements are executed by such persons who have been issued with a valid
Letter of Approval under the SEZ Act, 2005 or who have been permitted to
occupy space under a commercial agreement approved by the Authority. Any
unit or entity in default of rental dues as prescribed in this Manual or any unit
that has ceased to export for a period of six months, without valid justification
to the satisfaction of the Chairman or whose allotment is cancelled for any
reason in accordance with the provisions of this Manual or whose Letter of
Approval has ceased to be valid shall be issued with notice in Form VII for
cancellation of lease agreement.

17.2 The notice referred to above shall be followed by order in Form VIII,
within seven days of notice, cancelling the lease deed. Proceedings under the
Public Premises (Eviction of Unauthorized Occupants) Act may, thereafter, be
initiated.

17.3 The moveable and immoveable property shall be listed in Form X on an

appointed day of which the authorised person of the evicted unit shall be
intimated in Form IX for their presence if they so desire. Any financial
institution that has, till the issue of Form VIII, intimated the Chairman of any
financial interest in the property of the evicted unit or any other statutory
agency that has made known to the Chairman of dues owing to it, may also be
intimated about the inventorization to enable their presence if they so desire.
This is without prejudice the unextinguishable primacy rights of the Authority
in proceedings under Public Premises (Eviction of Unauthorized Occupants) Act
and is only intended for transparency of proceedings in the event that the
proceedings realize sums in excess of any that is due to the Authority and on
which such institutions may intend to prefer their claim within the provisions of
the Public Premises (Eviction of Unauthorized Occupants) Act. If any dispute
arises as to the inclusion of any item in a particular lot, the decision of the
Chairman shall be final. Any representative of such institution or agency who is
present shall sign Form X before commencement of the listing and any dispute
on any issue shall be made separately in writing to the Chairman. The
communication of such a dispute shall not vitiate the listing process and it is
also not to be construed as withdrawal from the proceedings. Valuation of
these goods shall be done by a qualified agency nominated by the Chairman.

17.4 Disposal of the goods shall be effected in lots which are generally to be
classified as (1) civil works, including structures, that belonged to the evicted
unit, (2) plant and machinery, and (3) finished goods, raw materials and
consumables. Such goods as are liable to duty shall be valued for the purposes
of Customs duty by the Specified Officer or his nominee at the time of
inventorisation and the duty thereon shall be remitted separately by the
succesful bidder if the goods are to be removed from the Zone and, in such
cases, the person shall be required to file a bill of entry as per procedure
relating to section 30 of the SEZ Act, 2005. Any unit within the SEZ procuring
the goods in auction shall include the value, as assessed by Specified Officer or
nominee, in the assets and as outflow for the purposes of calculating Net
Foreign Exchange under the SEZ Rules, 2006. While the auction price shall be
deemed to be transaction value, unless Specified Officer has evidence to the
contrary, for goods other than capital goods, the valuation of capital goods
shall be calculated by the Specified Officer by reducing the depreciation
amount from the original procurement price. The valuation assessed by the
Specified Officer need not conform to the valuation referred to in 17.3.

17.5 Bidders for civil works shall, unless they intend to remove structures in
accordance with procedure above, be limited to such entities as have a valid
Letter of Approval to operate within the Zone or are eligible to do so as
ascertained by the Chairman.

17.6 The disposal process shall follow an auction-cum-tender process with the
auction held at a stipulated time after the opening of the tender. Notices for
auction shall be published in a leading English and vernacular newspaper and
shall be prominently displayed on the web-site of the Authority. Successful
bidders are required to remit 25 % of the bid amount within forty eight hours
and the balance amount within seven days failing which their bids shall be
declared invalid and all amounts remitted shall stand forfeited to the
Authority. Successful bidders of moveable goods shall within a period of seven
days thereafter vacate the premises failing which the bids shall be declared
invalid and the amounts remitted forfeited to the Authority. EMD of
unsuccessful bidders shall be returned within seventy two hours of conclusion
of auction. Sale proceeds shall be apportioned in the manner prescribed in
Public Premises (Eviction of Unauthorized Occupants) Act.

18.OTHER ALLOTMENTS

Space required by other service providers shall be requested in Form IA

and, except in the cases of towers of mobile operators, shall require the
approval of the Authority. The rental charges shall be twenty-five percent
higher than the rates for space in the processing area except for allotment to
statutory agencies handling welfare or facilitation activities who may be
allotted space at a nominal rate. All other procedures applicable to units shall,
mutatis mutandis, apply to such allottees. The lease agreement shall be in
Form VB.

19.CRECHE

The Authority has, as a common use facility established a crèche which may
be used by employees of units and the cost of maintenance shall be met by the
units on a proportional basis. CSEZ Industries Association may formulate their
own guidelines for operation of the crèche in accordance with the statutory
requirements.

20.REGISTERED ADDRESS

No allottee of space in SDF/MSDF shall alter their registered address to the

Zone with the Registrar of Companies and any existing allottee having done so
may have the address changed within one month from the issue of this Manual.
Failure to do so shall result in cancellation of lease agreement. Plot holders
who have used the zone as a registered address shall, upon vacation, get
necessary amendments effected.

21.DEFINITIONS

(a) Authority in this Manual refers to the Cochin Special Economic Zone
Authority
 (b) Chairman in this Manual refers to Chairman Cochin Special Economic
Zone Authority
(c) Zone in this manual refers to Cochin Special Economic Zone at Kakkanad
and any future additions to the area.
(d) Secretary in this manual refers to Secretary appointed by the Cochin
Special Economic Zone Authority to discharge the functions of the
Secretary
(e) Estate Manager in this manual refers to the official designated by the
Chairman as Estate Manager

22.REPEAL

All instructions, guidelines and circulars on matters covered in this Manual

shall stand repealed with effect from 15th August 2010.

23. AUTHENTICATION

The authoritative contents of this Manual shall be authenticated by the

signature of the Chairman and retained in the custody of the Secretary and all
copies, in any form, shall conform to the authoritative text.

23.2 Any amendments effected by the Authority in the Manual shall be

authenticated by the Chairman in the authoritative text.

By order of the Authority at its meeting held on 9th August 2010

( C J Mathew)
(Chairman)
th
10 August 2010
 SCHEDULE I

Developed Plot 2
Available on 15 Rs.110 per m per annum
Standard Design Factory year lease with 2
building - Single Storied option to renew Rs.830 per m per annum
allotment for 15
Standard Design Factory
years Rs.830 per m2 per annum
building - Multi-Storied

SCHEDULE II

Sl Name of entrepreneur (M/s.) Plot/SDF Area Rental Date of

No occupied (in Rs.) expiry of
(in m2 ) lease
agreement
1 SFO Technologies P. Ltd. Plot No. 37 1003.8 570 21.10.2010

2 AB Mauri (India) P. Ltd. Plot No.24 3849.1 60 06/10/11

3 Integrated Computing SDF 4 393.83 570 02/04/11
Environments Ltd.
4 Tata Ceramics Ltd. Plots 24-29 24376.7 60 10/07/11
5 Tyco Electronics Tools (I) P. Plot No.44 9331.4 74 27.06.2011
Ltd.
6 Mak Games & Musical Plot No.12-B 996.6 60 24.10.2010
Equipments Pvt. Ltd.
7 Covema Filaments Ltd. SDF 14B 2248.3 570 23/07/2017

SCHEDULE III

Sector Exports/m2
Agro & Food Products Rs.300000
Engineering Rs.350000
Miscellaneous Products Rs.125000
IT/ITES Rs.3500000
Electronic Hardware Rs.600000
Textile & Garments Rs.100000
Trading Rs.3500000
Plastic & Rubber Products Rs.100000
Gems & Jewelery Rs.20000000
 FORM I
APPLICATION FOR SPACE IN COCHIN SPECIAL ECONOMIC ZONE

1. Name of applicant:
2. Status of applicant: Proprietor/Partnership/Limited Company/Others
3. In case other than proprietorship,
date of incorporation/formation:
4. Registered Address:
5. Address for correspondence;
6. Proposed activity in CSEZ:
7. Whether manufacturing or service:
8. Previous export value:
9. Projected annual export:
10. Proposed date of commencement of exports:
11. Projected employment: Men Women
12. Area requirement:
13. Whether requirement is for built-up space:
14. Proposed capital investment:
15. Power requirement:
16. Water requirement (in kl/day):
17. Any special requirements such as ground floor, proximity with other
manufacturers etc.
18. Enclosures:
1. Memorandum of Association/Partnership Deed
2. Income Tax returns of director/partner
3. Audited balance sheet for previous year
4. Project Report
5. Authorization to act on behalf of applicant (not for proprietors)

I have perused the Operation Manual (Allotment) of the Cochin Special Economic
Zone Authority and I agree to comply with all requirements thereunder. I also
agree to comply with all other instructions relating to Security, Safety and
preservation of the assets of the Zone.

______________________________
(Signature and seal of the applicant)

Date _____________________

FOR OFFICE USE ONLY

Received by:
Date of receipt:
Sl Number in Register of Aplications:
Date of issue of Form II or Form IV:
(Signature of Estate Manager) Date:

FORM II
COCHIN SPECIAL ECONOMIC ZONE AUTHORITY
ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

TENTATIVE LETTER OF ALLOTMENT

To

Gentlemen,

With reference to your application for space in Cochin Special Economic

Zone No. dated , the Authority is pleased to offer space as
described below on lease for a period of fifteen years to enable establishment of
unit under the Special Economic Zones Act, 2005.

2. The lease rent shall be ` _____ per m2 per annum for the next three years
payable quarterly except in the first year. You shall immediately remit an amount
of ` __________ ( ` ), and not later than 15 days from the date of
receipt of this letter, being the amount to be deposited for the whole year to take
possession of the space. Formal letter of allotment shall be issued upon production
of Letter of Approval issued by the Development Commissioner, CSEZ and proof
of deposit of the amount demanded above.
3. The deposited amount shall be utilized to settle your quarterly dues and
you will be called upon to make good the shortfall in any quarter. The entire
amount will stand forfeited to the Authority should you withdraw from the
allotment for any reason.

Yours faithfully,

(Estate Manager)
F No.
Date ___________________

FORM III
COCHIN SPECIAL ECONOMIC ZONE AUTHORITY
ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

FIRM LETTER OF ALLOTMENT

To

Gentlemen,

Please refer to this office letter dated conveying

offer of space to you.

2. Being in receipt of Letter of Approval _____________________ issued

to you and your remittance of ` __________ ( ` ) as advance for the
rental for the year, the Authority is pleased to confirm the allotment of m2 as
plot/built up space.
3. You are requested to furnish the completed lease agreement for acceptance
by the Chairman and registration, thereafter, with the sub-registrar.
4. Please note that the property in Cochin Special Economic Zone cannot be
designated as your registered address if in occupation of buildings in the custody
of the Authority. Any violation will lead to cancellation of the allotment.

Yours faithfully,

(Estate Manager)
F No.
Date ___________________
 FORM IIIA
COCHIN SPECIAL ECONOMIC ZONE AUTHORITY
ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

RETURN OF LEASE AGREEMENT

To

Gentlemen,

Please refer to lease agreement submitted by you for occupation of ____

2
m of built-up space/plot in Cochin Special Economic Zone. The Chairman has
affixed his signature and the same is returned to you for registration with Sub-
Registrar, Thrikakara.
2. The registered lease deed may be returned to this office within three weeks
for safe custody. Failure to do so would entail cancellation of allotment and
consequent eviction.
3. Please note that mortgage of leasehold rights on the said property can be
done only with the approval of the Chairman for which a separate no-objection
will be required from this office. You are also requested to keep this office
intimated about any interest that a financial institution may have in your
operations at any time.

Yours faithfully,

(Estate Manager)
F No.
Date ___________________
 FORM IIIB-1

REQUEST FOR PERMISSION TO MORTGAGE LEASEHOLD RIGHTS

The Chairman
Cochin Special Economic Zone Authority
Administrative Building
Kakkanad, Kochi -682037

Sir,

Please refer to letter of allotment issued in F No dated in Form III

to us for establishing a unit in Plot No. /SDF No. Floor and registered lease
deed in your custody.
2. We desire to mortgage the leaseholds rights over the property to
_______________________________ with its branch _________________. It is
requested that your concurrence with this is communicated to us at the earliest.

Yours faithfully,

(Signature of authorized signatory with seal)

Date ___________________
 FORM IIIB2
COCHIN SPECIAL ECONOMIC ZONE AUTHORITY
ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

NO OBJECTION FOR MORTGAGE OF LEASEHOLD RIGHTS

To

Gentlemen,

Please refer to your request in Form IIIB1 for permission to mortgage the
leasehold rights to space in SDF /Plot No in your possession vide Letter of
Allotment in Form III and for which lease deed has been executed vide Form IIIA.
2. The Authority is please to grant its “no-objection” to mortgaging the lease
hold rights on the said property of m 2. Please note that the land on which the
building is situated/ building space are the property of the Cochin Special
Economic Zone Authority and no claim shall lie against the cited property except
to transfer the lease to the assignee of ____________________________ with its
branch ____________________.
3. It may also be noted that transfer of the lease to any assignee should be
preceded by approval of the Chairman regarding eligibility in accordance with the
Special Economic Zones Rules, 2006.

Yours faithfully,

(Estate Manager)
F No.
Date ___________________
 FORM IV
COCHIN SPECIAL ECONOMIC ZONE AUTHORITY
ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

NON_ACCEPTANCE OF APPLICATION FOR SPACE

To

Gentlemen,

With reference to your application for space in Cochin Special Economic

Zone No. dated , the Authority regrets its present inability to
accede to your request for the following reasons:

a) Non-availability of space as per your requirements

b) Inappropriateness of your project for CSEZ
c) Inability to cater to your power and/or water requirements
d) Any other reason ________________________________

2. Should you wish to retain your application in the pending list for six
months, you may, if covered by category (a) above indicate your willingness in
the tearaway portion below.
3. We shall intimate you about availability of space without any further
reference to this office.

Yours faithfully,

(Estate Manager)
F No.
Date ___________________

FORM IVA
The Chairman
CSEZ Authority
Kakkanad, Kochi

We are interested in retaining our application for another six months.

(Authorized signatory of applicant with seal)

F No.
Date:
 FORM V

LEASE DEED (Plot)

REGD AS DOCUMENT No. ____________20… OF THRIKKAKARA SRO

Dated : ______________

BETWEEN
COCHIN SPECIAL ECONOMIC ZONE AUTHORITY
Represented by the Development Commissioner, CSEZ &
Ex-officio Chairman, CSEZA Shri C J MATHEW ---- LESSOR

AND
…………………………..
COCHIN SPECIAL ECONOMIC ZONE (CSEZ),
COCHIN 682 037. ----- LESSEE

LEASE DEED

THIS INDENTURE of lease made at Cochin on the .. day of …………..20..

BETWEEN Cochin Special Economic Zone Authority (CSEZA), an Authority
constituted under the Special Economic Zone Act, 2005 under the Ministry of
Commerce and Industry, and having its registered office at CSEZ Administrative
Building, Cochin, hereinafter called ‘Lessor’ (which expression shall unless the
context does not so admit, include its successors and assigns) of the one part AND
M/s……………..
a company registered under the Companies Act, 1956 / a registered Partnership /
Proprietorship belonging to Mr…………. and having its registered office at
…………. hereinafter referred to as the ‘Lessee’ (which expression shall unless
the context does not so admit, include its successors, his/their heirs, executors,
administrators and permitted assigns) of the other part;

WHEREAS the Government of India has set up the Cochin Special Economic
Zone, hereinafter called the “CSEZ”, in the land acquired for the purpose with the
object of encouraging the export industries in India and for earning foreign
exchange on the export of various kinds of products and services from the CSEZ in
the interest of the national economy by establishing industrial/service/trading units
in the said Zone under provisions of the then Foreign Trade Policy and subsequent
SEZ Act, 2005 and SEZ Rules, 2006.

AND WHEREAS the Government of India has constituted the Cochin Special
Economic Zone Authority and transferred all its assets in CSEZ to the CSEZA for
the development, operation and management of the Cochin Special Economic
Zone in compliance with the SEZ Act, 2005, SEZ Rules, 2006 and SEZ Authority
Rules, 2009;

AND WHEREAS the Lessee has approached the Lessor for demising to it/him a
piece of land in Plot No…. within CSEZ, within the village limits of
Vazakkala /Kakkanad of Kanayannur Taluk, Ernakulam District, for setting up an
industrial project to carry out authorized operations as approved by the
Development Commissioner in accordance with SEZ Act, 2005 and SEZ Rules,
2006 thereunder and in pursuance thereof the Lessor has agreed to lease to the
Lessee the plot of land bearing Plot No….. in the CSEZ more particularly
described in the First Schedule hereunder (hereinafter referred to as the “demised
premises”) for the period, lease rent and upon the other terms and conditions
hereinafter contained.

AND WHEREAS the Government of Kerala has exempted CSEZ units from
payment of Registration charges and stamp duty vide G.O. (P) No. 103/2001/TD
dated 28.01.2001 and G.O.(P) No.6/2002/TD dated 18.01.2002.

NOW THIS DEED WITNESSETH AS FOLLOWS:

(1) In consideration of the premises and various facilities and variety of
concessions made available to the Lessee and the rent hereby reserved and of
the covenants and agreements on the part of the Lessee hereinafter contained,
the Lessor doth hereby, demise unto the Lessee, by way of lease, the demised
premises to HOLD the same unto the Lessee for the term of fifteen years or
co-terminus with the validity of the letter of approval issued to the Lessee
by the Development Commissioner, Cochin Special Economic Zone,
computed from ………….
(2) The Lessee shall pay to the Lessor an annual rent of Rs……………. for the
first three years of the lease and on the expiry of the said three years and
thereafter on the expiry of every subsequent three year period the lease rent
shall be revisable by the Lessor and the Lessee shall pay to the Lessor such
revised rent.
(3) The Lessee shall, at the time of allotment, pay in advance to the Lessor, lease
rent for the first year amounting to Rs………….. (Rupees
………………………. only). The Lease rent for the second year onwards
shall be paid on quarterly basis, in advance, before the 5 th April, 5th July, 5th
October and 5th January of each year without any deductions whatsoever and
that late payment is liable to 12% per annum interest for every month or part
thereof.
(4) The Lessee doth hereby covenant with Lessor as follows :-

To pay the said lease rent and all other charges that may be fixed from time to
time by the CSEZA on the days and in manner herein before appointed clear
of all deductions.

6. To pay all existing and future taxes, rates, assessments, and outgoing of
every description for the time being payable either by the Lessor or
Lessee or by the occupier in respect of demised premises and anything
for the time being thereon.
7. It is hereby agreed and declared that in the event the Lessor insures
and/or keeps insured the demised premises the Lessee shall be liable to
pay to the Lessor the amount of the premium/premiums in proportion to
the area of the demised premises within fifteen days of receipt of notice
by the Lessor for payments of the amount of premium(s) and that the
Lessee shall pay the same without objection provided always in the
event of any dispute arising between the Lessor & Lessee regarding the
liability of the Lessee to pay the said amount of insurance premium, the
decision of the Chairman, CSEZA shall be final and binding upon the
Lessee.

8. To manufacture products/carry out activities in the demised premises as

authorised by the Development Commissioner, Cochin Special
Economic Zone from time to time.

9. To commence commercial production or service activities/trading for

export within the period specified in the Letter of Approval.

10. Not to undertake activities or manufacture/process any article, thing,

materials, components and instruments, which do not in anyway relate
to the industry other than the authorised one for which the Letter of
Approval is granted.

11. To submit from time to time to the Lessor, plans and the schemes of the
particular industry to be established together with such other details as
may be required.

12. To carry out the activities as authorised in the Letter of Approval in

compliance with the SEZ Act and Rules and make exports valued at
such amounts as is prescribed as the standard exports per sq. mtr. as laid
down in Schedule III of Operation Manual (Allotment) of CSEZ
Authority.
13. Not to violate any of the conditions laid down in the Letter of Approval.

14. To permit the Chairman, CSEZA, Development Commissioner, CSEZ

or any officer, surveyor, workmen or other persons employed by the
Chairman, CSEZA/Development Commissioner from time to time at
any time and without any prior notice being given, to enter into and
upon the demised premises and to inspect the general state of the
demised premises and also processing plant and machinery etc., and the
books of account and other documents and vouchers concerning the
products manufactured by the Lessee.

15. Not to do or permit anything to be done or stored (except those for

production of products approved for manufacture in the demised
premises) which may be a nuisance, annoyance, danger or disturbance to
the owners, occupiers or residents of other premises in the vicinity.

16. Not to assign transfer, change or alienate interest in the demised

premises or any part thereof without the prior approval of the
Development Commissioner and prior consent in writing of the Lessor
and subject to such terms and conditions as the Lessor may prescribe in
granting the permission to the Lessee for the transfer of the said demised
premises or any part thereof as herein before mentioned.

17. Not to sublet/sub lease the demised premises or any part of the demised
premises.

18. To intimate in writing to the Lessor within a fortnight of any changes

made or effected in the corporate structure or the constitution of the
Lessee.

19. To allow all persons and vehicles entering and leaving the demised
premises and/or CSEZ to be examined by the Staff of the Lessor or any
agency authorised by the Chairman, CSEZA and Development
 Commissioner, CSEZ for the purpose of checking that no products or
any materials manufactured in the demised premises are removed in the
manner not in compliance with the SEZ Act and Rules.

20. The Lessee may make or construct buildings or other installations for
the manufacture of products/carrying out activities as authorised by the
Development Commissioner, Cochin Special Economic Zone but no
such constructions, installations or changes of any nature whatsoever in
the building erected shall be made without the prior consent of the
Lessor obtained in writing before commencement of any such
construction installation or change and if permitted, to carryout the same
in accordance with building bye-laws rules and regulations of the local
authority or any other statutory regulations.

21. The Lessee shall not make any excavation upon any part of the said land
nor remove any stone, sand gravel, clay or earth therefrom except for the
purpose of forming foundations of building or for the purpose of
executing any work in accordance with the terms of this lease.

22. The Lessee shall provide a set off of 3 mtrs. from the boundary on all
sides of the demised premises.

23. Not to cause any annoyance or hindrance to other tenants/lessees of the

Lessor or to conduct any activities which will impede the other lessees
of the Lessor in manufacturing or processing their products or services
AND in the event any other lessee of the Lessor experience or find any
difficulty in conducting its/his/their business and/or activities connected
therewith smoothly and efficiently by reason of the user by the Lessee of
the demised premises or if the Lessee experiences or finds any difficulty
in conducting its/his/their business and/or activities connected therewith
smoothly and efficiently by reason of the user by other lessees of any
 buildings or portions thereof in the CSEZ the same shall be referred to
the Lessor and any directions or orders issued by the Lessor in relation
thereto shall be complied with by the Lessee.

24. To comply with all rules and regulations prescribed under all Labour
Legislations including Industrial Disputes Act, Workmen’s
Compensation Act, Payment of Wages Act, Minimum Wages Act,
Factories Act and Fatal Accidents Act or any other statutes governing
employer employee relationships.

25. To comply with the parking regulations and other general instructions
laid down by the Lessor from time to time.

26. To comply with all instructions and orders issued from time to time with
regard to disposal of waste and general maintenance of the Zone and
agree to pay the Lessor the penalties as imposed and demanded for non
compliance with the instructions.

27. To strictly comply with the conditions laid down in the agreement
executed by the Lessee with the Lessor on supply of water, power,
treatment of industrial and domestic effluents, including payment of all
charges and other demands made thereunder.

28. At the expiration or sooner termination of the lease to quietly deliver

up to the Lessor, within a period of SIXTY days of the expiration or
sooner termination of the lease, vacant possession of the demised
premises after removing the partitions, fitting and fixtures, machinery,
equipments and other movable assets installed by the Lessee in the
demised premises but leaving intact the buildings and other permanent
structures and improvements erected on the demised premises by the
Lessee with the permission of the Lessor and such removal shall be done
without in any way damaging or defacing the demised premises or any
portion thereof. Provided always that in the event the Lessee fails to
 deliver vacant and peaceful possession of the demised premises as
aforesaid or leaves the demised premises without removing the said
partitions, fittings and fixtures, machinery, equipments and other
movable assets installed by the Lessee in the demised premises, on the
expiry of the above mentioned period of SIXTY days the same shall
belong to the Lessor and the Lessee shall not be entitled to any
compensation whatsoever therefor. Provided further that if the Lessor
desires to retain the said partitions and fittings and fixtures, etc. the
Lessor shall pay to the Lessee compensation therefor as may be
determined by the Lessor, and the Lessee shall not be entitled to raise
any objection against such retention and / or the valuation determined by
the said Lessor as aforesaid. Provided further that the Lessee shall
continue to be liable to pay compensation, for the period of unauthorised
occupation of the demised premises till the date the Lessee hands over
vacant and peaceful possession of the demised premises or is removed
from the demised premises, at such rates as may be charged by the
Lessor.

(5) The Lessee doth hereby covenant with Lessor as follows :-

a. The Lessor doth hereby covenant with the Lessee that the Lessee
paying the rent hereby reserved and performing the covenants and
obligations agreed herein before and on the Lessee’s part to be
performed may peaceably enjoy the demised premises for the term of
the lease hereby granted without any interruption or disturbance from
or by the Lessor or any person or persons lawfully claiming by, from
or under the Lessor.

(6) If the said rent hereby reserved shall be in arrears for a period of 30 days
whether the same shall have been legally demanded or not, or if within a
period of ONE year from the date of commencement of this Lease the
entire demised premises are not utilised for the purpose for which the same
 has been demised or if the Lessee ceases to carry on the manufacture of
products and/or activities authorized for a period of six continuous
months for whatever cause including strike or lockout or injunction
from the Court in any sort of litigation, or if and whenever there shall
be a breach of any of the covenants and conditions herein set out or
referred to or under any agreement entered into by the Lessee,
including breach of any conditions of meeting the export obligations
already undertaken by the Lessee and / or as my be notified from time to
time by the Lessor or the Lessee becoming insolvent or is wound up or
amalgamated or merged with other body corporate or otherwise,
pursuant to the Court’s orders or under the provisions of the Law then in
force, the Lessor may re-enter upon the demised premises and every part
thereof and thereupon the demise hereby granted shall absolutely cease and
determine, provided always the Lessor shall in addition to the right of
termination of this Lease and to effect the re-entry as mentioned aforesaid
be entitled to recover as and by way of compensation such amounts as may
be considered by Lessor as appropriately recoverable from the Lessee
including recalling of all those various concessions and variety of facilities
granted to the Lessee. The above shall be without prejudice to the right of
the Lessor to take steps to recover the arrears of rent as arrears of land
revenue or move the appropriate Court of Law for recovery or invoking the
provisions of the Public Premises (Eviction of Unauthorised
Occupants) Act, 1971.
(7) Notwithstanding the right of the Lessor to take action for default of rent as
aforementioned the Lessee shall be liable to pay Interest on rent arrears at
the rate of 12% per annum for every month or part thereof.
(8) If the Lessee shall have duly performed and observed the covenants and
conditions on the part of the Lessee herein contained and is desirous of
receiving a new lease of the demised premises on the expiry of the period of
this lease he shall give notice in writing to the Lessor at least six months
before the expiration of the period of this lease of his desire and in such an
 event the Lessor shall, at the cost and expense in every respect of the
Lessee, grant to the Lessee a new lease of the demised premises for a
further term of five years on payment of yearly rent as may be determined
by the Lessor AND WITH all the other covenants, provisions and
stipulations herein contained except this provision for renewal and such
new lease shall contain in lieu of this clause a covenant that at the end of the
said renewed term of five years the Lessee may, in similar manner and
subject to having duly performed and observed the covenants and
conditions on the part of the Lessee to be performed and observed, request
for further extensions of lease and the Lessor shall in similar manner and at
the cost and expense of the Lessee grant to the Lessee further renewals and
that every such renewal shall be for such terms and subject to such
covenants, provisions and stipulations as may be decided by the Lessor.
(9) The Courts at Ernakulam shall have exclusive jurisdiction with respect to
any matter or dispute arising out of or in any way touching or concerning
this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed these presents on the
...day and year first above written.

SIGNED, SEALED AND DELIVERED

For and on behalf of Cochin Special Economic Zone Authority
The Lessor aforesaid Development Commissioner, CSEZ &
Ex-officio Chairman, CSEZA Shri C.J.MATHEW
in the presence of:-
e)

Cochin Special Economic Zone

Kakkanad, Cochin – 682 037 Signature:

f)

Cochin Special Economic Zone

Kakkanad, Cochin – 682 037 Signature:
SIGNED, SEALED AND DELIVERED
for and on behalf of M/s. ……………………………
the Lessee aforesaid by its ……………
and the COMMON SEAL of the above named Lessee
was pursuant to a resolution of its Board of Directors
passed in that behalf on the       day of      ,      
affixed hereto in the presence of:
     

a) Name, S/o, …Address

Signature:

2. Name, S/o ….. Address Signature:

FIRST SCHEDULE
Description of Land

All that piece of land known as ………….., Cochin Special Economic Zone
(CSEZ), within the District of Ernakulam, Sub District Thrikkakara, Taluk
Kanayannur, Farka Thiruvamkulam, Village Vazhakkala/Kakkanad Re- Survey
No…………., Extent ………. sq. meter containing by admeasurement …………..
sq. meter or thereabouts and bounded as follows, that is to say
The said land is comprised in Block No. 9 and situated in Thrikkakara Panchayath.
On or towards the North say -
On or towards the South say -
On or towards the East say -
On or towards the West say -
 FORM V-A

LEASE DEED (SDF)

REGD AS DOCUMENT No. ____________20… OF THRIKKAKARA SRO

Dated : ______________

BETWEEN

COCHIN SPECIAL ECONOMIC ZONE AUTHORITY

Represented by the Development Commissioner, CSEZ &
Ex-officio Chairman, CSEZA Shri C J MATHEW ----- LESSOR

AND
…………………………..
COCHIN SPECIAL ECONOMIC ZONE (CSEZ),
COCHIN 682 037. ----- LESSEE

LEASE DEED

THIS INDENTURE of lease made at Cochin on the .. day of …………..20.. BETWEEN Cochin
Special Economic Zone Authority (CSEZA), an Authority constituted under the Special
Economic Zone Act, 2005 under the Ministry of Commerce and Industry, and having its registered
office at CSEZ Administrative Building, Cochin, hereinafter called ‘Lessor’ (which expression
shall unless the context does not so admit, include its successors and assigns) of the one part
AND M/s……………..
a company registered under the Companies Act, 1956 / a registered Partnership / Proprietorship
belonging to Mr………….. and having its registered office at …………. hereinafter referred to as
the ‘Lessee’ (which expression shall unless the context does not so admit, include its
successors, his/their heirs, executors, administrators and permitted assigns) of the other part;

WHEREAS the Government of India has set up the Cochin Special Economic Zone, hereinafter
called the “CSEZ”, in the land acquired for the purpose with the object of encouraging the export
industries in India and for earning foreign exchange on the export of various kinds of products and
services from the CSEZ in the interest of the national economy by establishing
industrial/service/trading units in the said Zone under provisions of the then Foreign Trade Policy
and subsequent SEZ Act, 2005 and SEZ Rules, 2006.

AND WHEREAS the Government of India has constituted the Cochin Special Economic Zone
Authority and transferred all its assets in CSEZ to the CSEZA for the development, operation and
management of the Cochin Special Economic Zone in compliance with the SEZ Act, 2005, SEZ
Rules, 2006 and SEZ Authority Rules, 2009;
AND WHEREAS the Lessee has approached the Lessor for demising to it/him SDF
building/portion of the SDF building constructed in Plot No…. within CSEZ, within the
village limits of Vazhakkala/Kakkanad of Kanayannur Taluk, Ernakulam District, for setting up an
industrial project to carry out authorized operations as approved by the Development
Commissioner in accordance with SEZ Act, 2005 and SEZ Rules, 2006 thereunder and in
pursuance thereof the Lessor has agreed to lease to the Lessee the SDF building/ portion of SDF
building constructed in Plot No. …. in the CSEZ more particularly described in the First Schedule
hereunder together with partition, fittings and fixtures thereto as listed in the Second Schedule
hereunder (hereinafter referred to as the “demised premises”) for the period, lease rent and upon
the other terms and conditions hereinafter contained.

AND WHEREAS the Government of Kerala has exempted CSEZ units from payment of
Registration charges and stamp duty vide G.O. (P) No. 103/2001/TD dated 28.01.2001 and G.O.
(P) No.6/2002/TD dated 18.01.2002.

NOW THIS DEED WITNESSETH AS FOLLOWS:

(1) In consideration of the premises and various facilities and variety of concessions made
available to the Lessee and the rent hereby reserved and of the covenants and agreements
on the part of the Lessee hereinafter contained, the Lessor doth hereby, demise unto the
Lessee, by way of lease, the demised premises to HOLD the same unto the Lessee for the
term of fifteen years or co-terminus with the validity of the letter of approval issued to
the Lessee by the Development Commissioner, Cochin Special Economic Zone,
computed from ………….
(2) The Lessee shall pay to the Lessor an annual rent of Rs……………. for the first three years of
the lease and on the expiry of the said three years and thereafter on the expiry of every
subsequent three year period the lease rent shall be revisable by the Lessor and the Lessee
shall pay to the Lessor such revised rent.
(3) The Lessee shall, at the time of allotment, pay in advance to the Lessor, lease rent for the first
year amounting to Rs………….. (Rupees ………………………. only). The Lease rent for the
second year onwards shall be paid on quarterly basis, in advance, before the 5th April, 5th
July, 5th October and 5th January of each year without any deductions whatsoever and that
late payment is liable to 12% per annum interest for every month or part thereof.
(4) The Lessee doth hereby covenant with Lessor as follows :-

To pay the said lease rent and all other charges that may be fixed from time to time by the
CSEZA on the days and in manner herein before appointed clear of all deductions.

g) To pay all existing and future taxes, rates, assessments, and outgoing of
every description for the time being payable either by the Lessor or Lessee or
 by the occupier in respect of demised premises and anything for the time
being thereon.

h) It is hereby agreed and declared that in the event the Lessor insures and/or
keeps insured the SDF building including the demised premises the Lessee
shall be liable to pay to the Lessor the amount of the premium/premiums in
proportion to the area of the demised premises within fifteen days of receipt
of notice by the Lessor for payments of the amount of premium(s) and that
the Lessee shall pay the same without objection provided always in the event
of any dispute arising between the Lessor & Lessee regarding the liability of
the Lessee to pay the said amount of insurance premium, the decision of the
Chairman, CSEZA shall be final and binding upon the Lessee.

i) To manufacture products/carry out activities in the demised premises as

authorised by the Development Commissioner, Cochin Special Economic
Zone from time to time.

j) To commence commercial production or service activities/trading for export

within the period specified in the Letter of Approval.

k) Not to undertake activities or manufacture/process any article, thing,

materials, components and instruments, which do not in anyway relate to the
industry other than the authorised one for which the Letter of Approval is
granted.

l) To submit from time to time to the Lessor, plans and the schemes of the
particular industry to be established together with such other details as may
be required.

m) To carry out the activities as authorised in the Letter of Approval in

compliance with the SEZ Act and Rules and make exports valued such
amounts as is prescribed as the standard exports per sq. mtr. as laid down in
Schedule III of Operation Manual (Allotment) of CSEZ Authority.

n) Not to violate any of the conditions laid down in the Letter of Approval.

o) To permit the Chairman, CSEZA, Development Commissioner, CSEZ or any

officer, surveyor, workmen or other persons employed by the Chairman,
CSEZA/Development Commissioner from time to time at any time and
without any prior notice being given, to enter into and upon the demised
premises and to inspect the general state of the demised premises and also
processing plant and machinery etc., and the books of account and other
 documents and vouchers concerning the products manufactured by the
Lessee.

p) Not to do or permit anything to be done or stored (except those for production

of products approved for manufacture in the demised premises) which may
be a nuisance, annoyance, danger or disturbance to the owners, occupiers or
residents of other premises in the vicinity.

q) Not to assign transfer, change or alienate interest in the demised premises or

any part thereof without the prior approval of the Development Commissioner
and prior consent in writing of the Lessor and subject to such terms and
conditions as the Lessor may prescribe in granting the permission to the
Lessee for the transfer of the said demised premises or any part thereof as
herein before mentioned.

r) Not to sublet/sub lease the demised premises or any part of the demised
premises

s) To intimate in writing to the Lessor within a fortnight of any changes made or

effected in the corporate structure or the constitution of the Lessee.

t) To allow all persons and vehicles entering and leaving the demised premises
and/or CSEZ to be examined by the Staff of the Lessor or any agency
authorised by the Chairman, CSEZA and Development Commissioner, CSEZ
for the purpose of checking that no products or any materials manufactured
in the demised premises are removed in the manner not in compliance with
the SEZ Act and Rules.

u) The Lessee shall not make any structural alterations, additions or changes of
any nature whatsoever to the demised premises or any additions, alterations
or changes of any nature whatsoever to the building erected on the demised
premises without the prior written permission of the Lessor and if permitted,
to carry out the same in accordance with building bye-laws rules and
regulations of the local authority or any other statutory regulations.

v) Not to cause any annoyance or hindrance to other tenants/lessees of the

Lessor or to conduct any activities which will impede the other lessees of the
Lessor in manufacturing or processing their products or services AND in the
event any other lessee of the Lessor experiences or finds any difficulty in
conducting its/his/their business and/or activities connected therewith
smoothly and efficiently by reason of the user by the Lessee of the demised
premises or if the Lessee experiences or finds any difficulty in conducting
 its/his/their business and/or activities connected therewith smoothly and
efficiently by reason of the user by other lessees of any buildings or portions
thereof in the CSEZ the same shall be referred to the Lessor and any
directions or orders issued by the Lessor in relation thereto shall be complied
with by the Lessee.

w) To comply with all rules and regulations prescribed under all Labour
Legislations including Industrial Disputes Act, Workmen’s Compensation Act,
Payment of Wages Act, Minimum Wages Act, Factories Act and Fatal
Accidents Act or any other statutes governing employer employee
relationships.

x) To comply with the parking regulations and other general instructions laid
down by the Lessor from time to time.

y) To comply with all instructions and orders issued from time to time with
regard to disposal of waste and general maintenance of the Zone and agree
to pay the Lessor the penalties as imposed and demanded for non
compliance with the instructions.

z) To strictly comply with the conditions laid down in the agreement executed by
the Lessee with the Lessor on supply of water, power, treatment of industrial
and domestic effluents, including payment of all charges and other demands
made thereunder.

aa) To ensure that the load restriction of 1000 Kgs. per sq. metre for the factory
area and 500 Kgs. per sq. metre for the lobby and stair case in the first floor
of the building are not exceeded at any point of time.

bb) At the expiration or sooner termination of the lease to quietly deliver up to

the Lessor, within a period of SIXTY days of the expiration or sooner
termination of the lease, vacant possession of the demised premises after
removing the partitions, fitting and fixtures, machinery, equipments and other
movable assets installed by the Lessee in the demised premises but leaving
intact the buildings and other permanent structures and improvements
erected on the demised premises by the Lessee with the permission of the
Lessor and all temporary and such removal shall be done without in any way
damaging or defacing the demised premises or any portion thereof. Provided
always that in the event the Lessee fails to deliver vacant and peaceful
possession of the demised premises as aforesaid or leaves the demised
premises without removing the said partitions, fittings and fixtures,
machinery, equipments and other movable assets installed by the Lessee in
 the demised premises, on the expiry of the above mentioned period of SIXTY
days the same shall belong to the Lessor and the Lessee shall not be entitled
to any compensation whatsoever therefor. Provided further that if the Lessor
desires to retain the said partitions and fittings and fixtures, etc. the Lessor
shall pay to the Lessee compensation therefor as may be determined by the
Lessor, and the Lessee shall not be entitled to raise any objection against
such retention and / or the valuation determined by the said Lessor as
aforesaid. Provided further that the Lessee shall continue to be liable to pay
compensation for the period of unauthorised occupation of the demised
premises till the date the Lessee hands over vacant and peaceful possession
of the demised premises or is removed from the demised premises at such
rates as may be charged by the Lessor.

(5) The Lessee doth hereby covenant with Lessor as follows :-

a. The Lessor doth hereby covenant with the Lessee that the Lessee paying the rent hereby
reserved and performing the covenants and obligations agreed herein before and on the
Lessee’s part to be performed may peaceably enjoy the demised premises for the term
of the lease hereby granted without any interruption or disturbance from or by the
Lessor or any person or persons lawfully claiming by, from or under the Lessor.

(6) If the said rent hereby reserved shall be in arrears for a period of 30 days whether the
same shall have been legally demanded or not, or if within a period of ONE year from
the date of commencement of this Lease the entire demised premises are not utilised for
the purpose for which the same has been demised or if the Lessee ceases to carry on
the manufacture of products and/or activities authorized for a period of six continuous
months for whatever cause including strike or lockout or injunction from the Court in
any sort of litigation, or if and whenever there shall be a breach of any of the
covenants and conditions herein set out or referred to or under any agreement entered
into by the Lessee, including breach of any conditions of meeting the export obligations
already undertaken by the Lessee and / or as my be notified from time to time by the
Lessor or the Lessee becoming insolvent or is wound up or amalgamated or merged with
other body corporate or otherwise, pursuant to the Court’s orders or under the provisions
of the Law then in force, the Lessor may re-enter upon the demised premises and every
part thereof and thereupon the demise hereby granted shall absolutely cease and
determine, provided always the Lessor shall in addition to the right of termination of this
Lease and to effect the re-entry as mentioned aforesaid be entitled to recover as and by
way of compensation such amounts as may be considered by Lessor as appropriately
recoverable from the Lessee including recalling of all those various concessions and
variety of facilities granted to the Lessee. The above shall be without prejudice to the
right of the Lessor to take steps to recover the arrears of rent as arrears of land
 revenue or move the appropriate Court of Law for recovery or invoking the provisions
of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
(7) Notwithstanding the right of the Lessor to take action for default of rent as aforementioned
the Lessee shall be liable to pay Interest on rent arrears at the rate of 12% per annum for
every month or part thereof.
(8) If the Lessee shall have duly performed and observed the covenants and conditions on
the part of the Lessee herein contained and is desirous of receiving a new lease of the
demised premises on the expiry of the period of this lease he shall give notice in writing
to the Lessor at least six months before the expiration of the period of this lease of his
desire and in such an event the Lessor shall, at the cost and expense in every respect of
the Lessee, grant to the Lessee a new lease of the demised premises for a further term
of five years on payment of yearly rent as may be determined by the Lessor AND
WITH all the other covenants, provisions and stipulations herein contained except this
provision for renewal and such new lease shall contain in lieu of this clause a covenant
that at the end of the said renewed term of five years the Lessee may, in similar
manner and subject to having duly performed and observed the covenants and
conditions on the part of the Lessee to be performed and observed, request for further
extensions of lease and the Lessor shall in similar manner and at the cost and expense
of the Lessee grant to the Lessee further renewals and that every such renewal shall be
for such terms and subject to such covenants, provisions and stipulations as may be
decided by the Lessor.
(9) The Courts at Ernakulam shall have exclusive jurisdiction with respect to any
matter or dispute arising out of or in any way touching or concerning this
Agreement.

IN WITNESS WHEREOF, the parties hereto have executed these presents on the day and year
first above written.

SIGNED, SEALED AND DELIVERED

For and on behalf of Cochin Special Economic Zone Authority
The Lessor aforesaid Development Commissioner, CSEZ &
Ex-officio Chairman, CSEZA Shri C.J.MATHEW

in the presence of:-

4.

Cochin Special Economic Zone

Kakkanad, Cochin – 682 037 Signature:

5.

Cochin Special Economic Zone

Kakkanad, Cochin – 682 037 Signature:
SIGNED, SEALED AND DELIVERED
for and on behalf of M/s. ……………………………
the Lessee aforesaid by its ……………
and the COMMON SEAL of the above named Lessee
was pursuant to a resolution of its Board of Directors
passed in that behalf on the       day of      ,      
affixed hereto in the presence of:
     

29. Name, S/o, …Address

Signature:

1. Name, S/o ….. Address Signature:

FIRST SCHEDULE
Description of Building

All that parcel of land and premises numbered as …………., Cochin Special Economic Zone
(CSEZ), within the District of Ernakulam, Sub District Thrikkakara, Taluk Kanayannur, Farka
Thiruvamkulam, Village Vazhakkala/Kakkanad Re- Survey No………, Extent ……… sq. meter
containing by admeasurement ………. sq. meter or thereabouts and bounded as follows, with
partitions, fittings and fixtures thereto listed in Second Schedule annexed to that is to say
The said land is comprised in Block No. 9 and situated in Thrikkakara Panchayath.
On or towards the North say -
On or towards the South say -
On or towards the East say -
On or towards the West say -

SECOND SCHEDULE

Description of Partitions, Fittings & Fixtures

1.
2.
3.
4.
5.
6.
 FORM VI

COCHIN SPECIAL ECONOMIC ZONE AUTHORITY

ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

NOTICE FOR PAYMENT OF DUES

To

Gentlemen,

Please refer to Form III issued to you in F No dated . It is

intimated that amount in balance with the Authority is not sufficient to meet your
dues on account of lease of Plot No. SDF No. Floor for the quarter
commencing April/July/October/January 201_.
2. You are, therefore requested to remit ` __________ on this account in
“CSEZ Authority Fund” A/c No. 30728631084 through the CEPZ Branch of State
Bank of India (Kakkanad) within 15 days failing which interest shall be levied at
penal rate and allotment cancelled.
3. Please ignore this if the payment has already been effected.

Yours faithfully,

(Estate Manager)
F No.
Date ___________________
 FORM VII

COCHIN SPECIAL ECONOMIC ZONE AUTHORITY

ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

NOTICE FOR CANCELLATION OF ALLOTMENT ANDLEASE

AGREEMENT

To

Gentlemen,

Please refer to Form III issued to you in F No dated and your

obligation to comply with all the contents of the Operation (Allotment) Manual. It
has been observed that:
b) You have not remitted dues of ` _____ on account of lease agreement
even thirty days after intimation
c) You have not made any exports for six months
d) Your exports are not commensurate with standards listed for your
sector in Schedule III of the Operation (Allotment) Manual.
e) You have consistently been violative of statutory obligations under
____________ Act
f) You have not furnished the registered copy of lease agreement within
stipulated time
g) ________________________________________________________
2. You are, therefore, required to show cause within 15 days as to why your
allotment cancelled and lease agreement rendered null and void for the above.
Should you require to be heard in person, you may intimate accordingly in your
written reply. Failure to respond to this notice is likely to result in ex-parte action
against you.

Yours faithfully,

(Chairman)
F No.
Date ___________________
 FORM VIII

COCHIN SPECIAL ECONOMIC ZONE AUTHORITY

ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

CANCELLATION OF ALLOTMENT AND LEASE AGREEMENT

To

Gentlemen,

Please refer to Form VII issued to you in F No dated and your

reply therein/ non-response.
2. The matter has been considered in detail and it is observed that your
actions have established your contravention of the conditions in the Operation
(Allotment) Manual.
3. In view of the above, your allotment in Form III issued in F No dated
hereby stands cancelled with effect from ______________. Consequently your
lease agreement is no longer valid.
4. This is without prejudice actions that may be initiated against you for
specific contraventions of any law for the time being in force.

Yours faithfully,

(Chairman)
F No.
Date ___________________
 FORM IX

COCHIN SPECIAL ECONOMIC ZONE AUTHORITY

ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

INVENTORISATION PROCEEDINGS

To

Gentlemen,

Please refer to Form VIII issued to you in F No dated cancelling

your allotment and rendering your lease deed null and void. It appears that you are
in occupation of Plot No. / m2 of built-up space in SDF No . As you have
not chosen to vacate the said premises with all moveable and immoveable goods
therein, it is proposed to inventorise these for further action.
2. You are required to be present personally or through authorized
representative at the premises on at to enable the process. Please note
that no claim on your part shall be entertained if you choose to abstain from the
proceedings.

Yours faithfully,

(Chairman)
F No.
Date ___________________

Copy to:

1
2
 FORM X
COCHIN SPECIAL ECONOMIC ZONE AUTHORITY
ADMINISTRATIVE BUILDING: CSEZ
KAKKANAD: KOCHI – 682 037
Phone: 914842413111 Fax: 914842413074 E-mail:dc@csez.gov.in

RECORD OF INVENTORY

Date: Time:______________________

Signature
Present: 1.
2.
3
4.

List of civil structures with details

List of fixtures

List of furnishings

List of mechanical equipment including plant and machinery

List of finished goods

List of other goods including raw materials and consumables

Other Goods

(Estate Manager)
F No.
Date ___________________

…....