The Special Economic Zones Act, 2005/ Universal Law Publishing

THE SPECIAL ECONOMIC ZONES ACT, 2005

Index of Statutes Referred
Introduction
Sections
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .'
2. Definitions
CHAPTER II
ESTABLISHMENT OF SPECIAL ECONOMIC ZONE 3. Procedure for making proposal to establish Special Economic Zone Establishment of Special Economic Zone and approval and authorization to operate to. Developer Guidelines for notifying Special Economic Zone Processing and non-processing areas Exemption from taxes, duties or cess CHAPTER III CONSnTUTION OF BOARD OF APPROVAL Constitution of Board of Approval Duties, powers and functions of Board Suspension of letter of approval and transfer of Special Economic
Zone in certain cases
/ CHAPTER IV
DEVELOPMENT COMMISSIONER Development Commissioner Functions of Development Commissioner
CHAPTER V
SINGLE WINDOW CLEARANCE Constitution of Approval Committee Powers and functions of Approval Committee Setting up of Unit 16. Cancellation of letter of approval to entrepreneur 17. Setting up and operation of Offshore Banking Unit 18. Setting up of International Financial Services Centre 19. Single application form, return etc. 20. Agency to inspect 21. Single enforcement officer or agency for notified offences 22. Investigation, inspection and search or seizure 23. Designated courts to try suits and notified offences 24. Appeal to High Court 25. Offences by companies *

CHAPTER VI
SPECIAL FISCAL PROVISIONS FOR SPECIAL ECONOMIC ZONES Exemptions, drawbacks and concessions to every Developer and entrepreneur Provisions of Income-tax Act, 1961 to apply with certain modification in relation to Developers and entrepreneurs Duration of goods or services in Special Economic Zones Transfer of ownership and removal of goods • y • / Domestic clearance by Units
CHAPTER VII SPECIAL ECONOMIC ZONE AUTHORITY
31. Constitution of Authority 32. Officers of Authority and other staff 33. Special provision for transfer of officers or other employees to Authority 34. Functions of Authority 35. Grants and loans by Central Government 36. Constitution of Fund and its Application 37. Accounts and audit 38. Directions by Central Government 39. Returns and reports 40. Power to supersede Authority 41. Members, officers and other employees of Authority to be public servants CHAPTER VIII MISCELLANEOUS
42. Reference of dispute
43. Limitation . . 44. Applicability of provisions of this Act to existmg may be sen, under ,his Ac, ! Identity Card Authorities responsible for administration 4» Protection of action taken in good faith , =1 49. Power to modify provisions of this Act or other enactments relation to Special Economic Zones 50. Power of State Government to grant exemption • • 51 Act to have overriding effect S s;etrC»SltCnr.s,airpo
land stations, etc., in certain cases Amendment to First Schedule Power to make rules Power to remove difficulties Amendment of certain enactments | v
Scivings , , • ™f " Tba Tax Ac,, ,96, certain Enac-enla

THE SPECIAL ECONOMIC ZONES RULES, 2006

. CHAPTER I PRELIMINARY ^
Short title and commencement . .
Definitions
CHAPTER II
PROCEDURE FOR ESTABLISHMENT OF SPECIAL ECONOMIC ZONE Proposal for setting up of Special Economic Zone Forwarding of proposal to Board Requirements for establishment of a Special Economic Zone Infrastructure requirements relating to information technology . Letter of- Approval to the Developer
Details to be furnished for issue of notification for declaration of an area as Special Economic Zone Notification of Special Economic Zone Grant of Approval for Authorized Operations Permission for procurement of items Processing and non-processing area Import and procurement of goods by the Developer
Procedure applicable on import or procurement of goods and services, their admission, and clearance of goods Monitoring Transfer of Letter of Approval of Developer / ' CHAPTER III
PROCEDURE FOR ESTABLISHMENT OF A UNIT Proposal for approval of Unit Consideration of proposals for setting up of Unit in a Special Economic Zone Letter of Approval to a Unit Administrative Control of Special Economic Zones Offshore Banking Unit . . . .
CHAPTER IV
TERMS AND CONDITIONS SUBJECT TO WHICH ENTREPRENEUR AND DEVELOPER SHALL BE ENTITLED TO EXEMPTIONS,
DRAWBACKS AND CONCESSIONS Terms and conditions for availing exemptions, drawbacks and concessions to every Developer and entrepreneur for authorized operations
General Conditions,of Import and Export Import and Procurement
Procedure for procurements from the Domestic Tariff Area

Admission of goods Utilization of goods Co-relation of import consignment with corresponding export consignment Filing of documents for admission and removal Duration of goods or services in a Special Economic Zone Transfer of ownership and removal of goods Destruction of goods Movement of goods to and from non-processing area Sub-Contracting Procedure for sub-contracting in Domestic Tariff Area or in a Unit in other Special Economic Zones or in Export Oriented Unit or in Electronic Hardware Technology Park unit or in Software Technology Park Unit or Bio-technology Park Unit or sub-contracting abroad Sub-contracting for Domestic Tariff Area unit for export Contract Farming Exports Procedure for Export CHAPTER V CONDITIONS SUBJECT TO WHICH GOODS MAY BE SoV^ED FROM A SPECIAL ECONOMIC ZONE TO THE DOMESTIC TARIFF AREA Sales in Domestic Tariff Area Procedure for Sale in Domestic Tariff Area . Domestic Tariff Area removals - abatement of duties in
certain cases Temporary Removals to Domestic Tariff Area • Procedure for temporary removals in Domestic Tariff Area.. Other Entitlements CHAPTER VI foreign EXCHANGE EARNING - REQUIREMENTS and MONITORING
Net Foreign Exchange Earnings Monitoring of performance
appeal
55. Form of Appeal 56. Time within which appeal is to be preferred 57. Payment of fees 58. Contents of appeal 59. What to accompany form 60 Filing of affidavits , r. j 6l! Rights of Appellant to appear before the Board 62. Authorisation to be^ filed 63. Procedure for filing appeal 64 Furnishing of information and documents S: S td place of hearing of appeal lo be commun.ca.ed. 66. Hearing of appeal 67. Orders by the Board

68; Order to be signed and dated 69. Order to be communicated to the party CHAPTER VIII
MISCELLANEOUS
Identity Cards Foreign Exchange Remittances
Revival of sick units

Exit of Units
Self-Declaration
Procedure for withdrawal or cancellation of exemptions, concessions, drawbacks or any other benefits to a Unit FORM A.—Application for setting up of Special Economic Zone FORM B.— Format for Letter of Approval for SEZ Developer. FORM Bl.—Format of Letter to grant "in principal" approval FORM C.—Format for Letter of Approval for Providing Infrastructure Facilities in SEZ FORM D.—Bond-Cum-Legal Undertaking for Developer FORM E.— Format for Quarterly and Half-Yearly Report for Sez Developer/Co-Developer to be furnished to the Development Commissioner FORM F.— Consolidated Application Form FORM G.—Format for Letter of Approval for Unit FORM H.—Bond-Cum-Legal Undertaking for / Special Economic Zone Unit • . • FORMl.— Annual Performance Report for Units FORM J.— Form for Appeal FORM K.—Permanent Identity Card Annexure 1.— Guidelines for annual monitoring or performance of units in Special Economic Zones Annexure II.—[Requirements of minimum area of land for Special Economic Zones which are situated in States for each sectorSee sub-rule (3) of rule 5]
THE SPECIAL ECONOMIC ZONE AUTHORITY RULES, 2009
Rules
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Definitions • . . .
CHAPTER II
TERM OF OFFICE, VACANCY OF THE MEMBERS
3. Term of Office 4. Conveyance and allowances of the nominated members

5. Vacancy of the entrepreneur member or their nominee . . . 125
CHAPTER III
POWERS AND FUNCTIONS
6. . . . 126
7. Power of the Authority to Expenditure x . . . 127 8. The Development Commissioner who is the Chairperson and the Chief Executive Officer of the Authority . . . 128
CHAPTER TV
APPOINTMENT OF THE OFFICERS AND EMPLOYEES OF
THE AUTHORITY
9. . . . 129
CHAPTER V
MEETINGS OF THE AUTHORITY 10. Meetings of the Authority . . • 131
CHAPTER VI
ACCOUNTS, RETURNS AND STATEMENTS OF THE AUTHORITY 11. Accounts of the Authority • • • 132 12. . . . 132^ SCHEDULE I— [Rules by which Central Government employees absorbed in the service of the Authority shall be' governed—See rule 9(9)] . . . 132 SCHEDULE IL— [Annual accounts and financial statements with ' necessary Schedules, note on accounts and significant accounting policies—See rule 11(2)] . • • 133 SCHEDULE III.— [Periodical returns and reports—See rule 12(1)] . . 133 SCHEDULE IV.—Information to be contained in the Annual Report of the Authority . • • 133
LIST OF AUTHORISED OPERATIONS TO BE USED BY THE BOARD OF APPROVAL FOR AUTHORISING OPERATIONS TO BE UNDERTAKEN IN A SPECIAL ECONOMIC ZONE