(1) The Developer shall furnish to the Central Government, particulars required under Sub-section (1) of Section 4 with regard to the area referred to in Sub-section (2) or Sub-section (4) of Section 3, (hereinafter referred to as identified area), with a certificate from the concerned State Government or its authorized agency stating that the developer(s) have legal possession and irrevocable rights to develop the said area as SEZ and that the said area is free from all encumbrances:

Provided that where the Developer has leasehold rights over the identified area, the lease shall be for a period not less than

twenty years.

(2) The identified area shall be contiguous and vacant and it shall have no public thoroughfare [1][x x x].

[Provided that the Board may relax any or all of the conditions, except the condition regarding identified area to be a vacant land, specified in this sub-rule on a case to case basis on merits for reasons to be recorded in writing and with such conditions as the Board may decide.