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The Gujarat Special Economic Zone Act, 2004

Gujarat Act No. 11 of 2004

guj193

Chapter I

Preliminary

(a) "amenities" means all basic and essential services including roads, water supply, street lighting, power supply, sewerage, drainage, collection, treatment and disposal of industrial and township wastes, public health, education, transport, fire fighting services, public parks, clubs, markets, shops and outlets and such other facilities or services as the State Government may, by notification in the Official Gazette, specify;

(b) "Authority" means the Special Economic Zone Development Authority constituted under section 4;

[(bb) "Central Act" means the Special Economic Zones Act, 2005

(d) "developer" means a person who has been granted a letter of approval by the Central Government under sub-section (10) of section 3 of the Central Act and includes the Co-Developer and the existing Developer;]

(e) "Development Commissioner" means an officer appointed by the Government of India for the Zone to perform the functions of the Development Commissioner under this Act;

(f) "Development Committee" means the Special Economic Zone Development Committee constituted under section 12;

(g) "Domestic Tariff Area" means an area within India outside the Zone area;

(h) "infrastructure facilities" means industrial, commercial or any other facility for development and operation of the Zone and includes any other facilities and amenities as may be notified by the State Government;

(i) "operator" means a person engaged by the Developer for providing infrastructure facilities, amenities and services in the Zone;

[(ii) "peripheral area" means an area surrounding the Special Economic Zone as the State Government may, by notification in the Official Gazette, declare;]

(j) "prescribed" means prescribed by rules;

(k) "processing area" means the area within the Zone approved by the Customs Authorities;

(l) "regulations" means the regulations made under this Act;

(m) "rules" means the rules made under this Act;

(n) "Special Economic Zone" or "Zone" means the area declared by the Government of India as the Special Economic Zone;

(o) "Unit" means a unit or enterprise in whole or part which is carrying on its business in the Zone and approved as such by the Unit Approval Committee;

(P) [***] Approval Committee" means the committee constituted under section 8.

Chapter II

Establishment of Special Economic Zone

Chapter III

Special Economic Zone Development Authority

(i) the Chief Secretary to the Government of Gujarat, ex-officio who shall be the Chairperson;

(ii) the Secretary to the Government of Gujarat, Industries and Mines Department, ex-officio;

(iii) the Secretary to the Government of Gujarat, Energy and Petrochemicals Department, ex-officio-,

(iv) the Secretary to the Government of Gujarat, Finance Department, ex-officio

(v) the Secretary to the Government of Gujarat. Narmada, Water Resources, Water Supply and Kalpsar Department, ex-officio;

(vi) the Secretary to the Government of Gujarat, Forest and Environment Department, ex-officio;

(vii) the Secretary to the Government of Gujarat, Labour and Employment Development, ex-officio;

(viii) the Secretary to the Government of Gujarat, Urban Development and Urban Housing Department, ex-officio

(ix) the Secretary to the Government of Gujarat, Revenue Department, ex-officio;

(x) the Industries Commissioner, Gujarat State, ex-officio;

(xi) the Development Commissioner, Special Economic Zone, ex-officio;

(xii) Member-Secretary of the Authority.

(b) The Authority may co-opt such other members, as it may consider necessary for efficient discharge of its functions.

(c) The Authority may invite, whenever necessary, the developer or his representative in a meeting of the Authority.

(a) to recommend the name of Developer to the State Government in the manner as may be prescribed, for a part or whole of infrastructure facilities and amenities of the Zone, notwithstanding anything contained in the Gujarat Infrastructure Development Act, 1999 (Gujarat 11 of 1999);

(b) to prepare the guidelines for the development of Zone [and for peripheral area] with regard to land usage, floor space level, environmental provisions, safety measures and such other matters as may be directed by the State Government;

(c) to prepare techno-economic feasibility report or a detailed project report as may be required for the development of the Zone when the Zone is to be established by the State Government or the Corporation owned and controlled by the State Government;

(d) to acquire land in the Zone, by consent agreement or through proceedings under the Land Acquisition Act, 1894 (1 of 1894) for the purposes of this Act;

(e) to approve allocation of the Government land in the Zone in the manner as may be prescribed;

(f) to enter into joint venture arrangement for development of different components or activity of the project of the Zone when the Zone is to be established by the State Government or the Corporation owned and controlled by the State Government;

(g) to co-ordinate with the departments of the State Government and the Central Government and ensure timely implementation of projects and plans of the Zone;

(h) to perform such other functions as may be assigned by the Government of India for development of the Zone;

(i) to perform such other functions as may be assigned by the State Government.

(a) to ensure the compliance of the approved master plan and may approve any modification in the plan if required by the Developer and provide the guiding principles for town planning and urban development standards to be implemented by the Developer;

(b) to nominate member in the Special Economic Zone Development Board, [Approval Committee], Development Committee and other committees as may be required;

(c) to oversee the activities and compliance of functions of [Approval Committee] and Development Committee of respective Zone and to provide guidance;

(d) to constitute such other committees as may be necessary to perform any specific function of the Zone.

Chapter IV

[Approval Committee]

(i) an officer from the Industries and Mines Department nominated to the office of the Development Commissioner;

(ii) an officer from the Forests and Environment Department nominated to the office of the Development Commissioner;

(iii) an officer from the Energy and Petrochemicals Department nominated to the office of the Development Commissioner;

(iv) an officer from the Labour and Employment Department nominated to the office of the Development Commissioner.

(i) registration of Unit and grant licence for starting, running and operating of the Unit, under any of the State Acts;

(ii) site clearance under the Factories Act, 1948 (63 of 1948), on behalf of Inspectorate of Factories and Boilers;

(iii) approve the plan for establishment of Factory under the Factories Act, 1948 (63 of 1948);

(iv) registration of boilers on behalf of the Chief Inspector of Boilers;

(v) to resolve disputes of commercial nature between the agencies providing services and the consumers in the manner as may be prescribed by the regulations;

(vi) to resolve any dispute between the Unit and the Developer regarding infrastructural facilities and amenities and services in the manner as may be prescribed by the regulations and the decision of the [Approval Committee] thereon shall be final;

(vii) any other approval or clearance which may be authorised by the State

(i) prescribe a common application form for approval, clearance, licence, registration and no objection certificate under one or more laws;

(ii) authorise the Development Commissioner to exercise such of the powers of the State Government or a body subordinate to the Government as may be specified by general or special order;

(iii) prescribe a single return for reporting under two or more laws;

(iv) authorise an officer or agency for monitoring the compliance of the laws applicable in the Zone.

Chapter V

Special Economic Zone Development Committee

(i) Developer or his nominee;

(ii) Development Commissioner of the Zone or his nominee;

(iii) Nominee of the State Government.

(b) provide infrastructure facilities and amenities.

(c) allocate and transfer, either by way of sale or lease or otherwise, plots of land for industrial, commercial, residential or other purposes;

(d) regulate the construction of buildings.

(i) public streets, bridges, sub-ways, culverts, causeways and the like;

(ii) public transportation facilities;

(iii) power supply;

(iv) water supply;

(v) adequate drains, drainage facilities and public latrines, water-closets, urinals and similar conveniences;

(vi) collection and treatment of sewerage;

(vii) collection, treatment and disposal of industrial and township solid waste;

(viii) lighting of public streets, municipal markets and other public buildings;

(ix) maintenance of public monuments, open spaces and other public property.

(i) public hospitals and dispensaries;

(ii) ambulance service;

(iii) places for the disposal of the dead and disposing of unclaimed dead bodies;

(iv) public markets, slaughter houses;

(v) schools for primary, secondary and higher education;

(vi) maternity and infant welfare houses and centres;

(vii) public parks, gardens, playgrounds and recreational facilities;

(viii) police stations;

(ix) maintaining a fire-brigade equipped with suitable appliances for the extinction of fires and the protection of life and property against fire;

(x) any other social services.

Chapter VI

Infrastructure Facilities

(i) generation and supply of electricity;

(ii) water extraction, treatment, transmission and distribution;

(iii) waste water treatment and solid waste management;

(iv) provision of minor port and related services;

(v) provision of roads and bridges;

(vi) provision for gas distribution network;

(vii) provision for communication and data network transmission; and

(viii) any other service as may be prescribed by the regulations.

(b) The Developer or his agent shall manage for landing of other cargoes (not meant for the Zone) as per the terms and conditions prescribed by regulations by the Gujarat Maritime Board.

(c) The Developer or his agent may fix and collect tariff from the vessels entering in the minor port within the Zone and on the goods landed and shipped at the port in accordance with the directions of the Gujarat Maritime Board;

Chapter VII

Labour

(i) The Workmen's Compensation Act, 1923 (8 of 1923);

(ii) The Payment of Wages Act, 1936 (4 of 1936);

(iii) The Factories Act, 1948 (63 of 1948);

(iv) The Minimum Wages Act, 1948 (11 of 1948);

(v) The Maternity Benefit Act, 1961 (53 of 1961);

(vi) The Payment of Bonus Act, 1965 (21 of 1965);

(vii) The Contract Labour (Regulation and Abolition) Act, 1970; (37 of 1970); and

(viii) such other Acts as the State Government may, by notification in the Official Gazette, specify:

Chapter VIII

Fiscal Benefits

(a) Stamp duty and registration fees payable on transfer of land meant for approved Units in the [processing area of the Zone or in the demarcated area].

(b) Levy of Stamp duty and registration fees on loan agreements, credit deeds and mortgages executed by the Unit, industry or establishment set up in the processing area of the Zone [or in the demarcated area].

(c) [Tax on sale or purchase of goods other that the goods specified in Schedule III of the Gujarat Value Added Tax Act, 2003], Luxury Tax, Entertainment Tax and other taxes and cess payable on sales and transactions.

Chapter IX

Miscellaneous

Schedule I

(See Section 17)

Schedule II

(See Section 18)