EXTRAORDINARY PUBLISHED BY AUTHORITY

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Vol. XLV. 1 , , TUESDAY, MARCH 30,20041CAITRA 10, 1926'

Separate pa& is give! to thb Part in onkr that it ,

may bb tlled as a Separate' Compilatkm .

PART- IV Acts of . the . . ~ i j a r a t Legislature and Ordinances promulgated

d ~ e g u l a t i o n s made by the Govern-

The following Act of the ~ujarat:'~&~islature; having been assented to by the President on the 29' March, 2004 is hereby published for general informahon. .

, S.S.PARMAR, Secretary to. the Government of Gujarat, .

, . Legislative and Parliamentary Affairs Department..

GUJARAT ACT No. 11 OF 2004.

(First published, after hayiqg received the assent of the President in the "Gujarat Government ~izktte", on the 3om March, 2004):

AN ACT

to provide for the operation,.maintenance, management and administration of a Special Economic Zone in the State of

Gujarat and to constitute an Authority and for matters connected therewith or incidental thereto.

It is hereby enacted in the Fifty-fifth Year of the Republic of India as follows :-

\ . CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Gujarat Special Economic Zone Act, Short tltle, 2004. d e n t and

commence

(2) It extends to the whole of the State of Gujarat.

(3) This sectiii' shall'be deemed to have come into force on the 10' February, 2004 andthe remaining provisions shall come into force pn such date as the State'Govenunent may, by notification in o_giciai Gazette, appoint

13-1 p - EX-13-1

Definitions.

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GU JAR~T ~ V E ~ & $ E N T GAZEITE, EX. 30-3-2004 [PART IV . ' ... . - ..

2. In this Act, unless the conteit otherwise requires, -

(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 Oflcial Gazette, specify;

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

(c) "Co-developer" 'means .a person who has entered into an agreement with the Developer to develop, design, build, organise, promote, operate and maintain or manage a part or whole of the infistructure facilities and amenities in the Zone;

(d) " ~ e v e l ' o ~ d ' means a person or body of p.ersons, company, firm or w h other private o r Government undertakings, who develops, builds,. designs, organises, promotes, operates or

- .maintains or manages a part or whole of the infrastructure ' '

' facilities and amenities of the Zone and appointed as such by the Government of India;

t

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

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

. .

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

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

(i) -"operator'! means .a person engaged by the Developer for providing hbstructure facilities, amenities and senices ia the Zone;

(j) "prescribedw means prescribed by rules;

- PART IV] GUJARAT GOVERNMENT GAZETIE, EX. 30-3-2004 13-3

jk) "processing a ~ a " mezs the ziea v ~ i L i n the Zone approved by the Customs Authorities;

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

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

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

(0) "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;

@) "unit Approval Committee" means the committee constituted under section 8.

. .

CHAPTER I1 ' '

ESTABLISHMENT OF SPECIAL ECONOMIC ZONE

3. (1) Any person desirous of establishing the Special Economic Zone Establish- shall make an application in such form containing such particulars and ment of documents and accompanied by such fees as may be prescribed, to the State and

appoint- Government. ment of Developer.

(2) The State Government shall scrutinize the application received i d e r sub-section (1). and recommend, the same, with modification, if any, to the Govetnment of India for its approval and declaration of the area to be the Special Economic Zone and appointment of the ~ e v e l o ~ e r for such

. . Zone.

' , CHAPTER .UI SPECIAL.ECONOIWC ZONE DEVELOPMENT AUTHORITY

4. (1) There shall be an Authority to be called the Special Economic Constitution Zone Development Authority for the purposes of this Act. of Special

Economic Zone

(2) The Authority shall be a body corporate with perpetual succession' DeveldPment and common seal i d may sue or be sued in its corporate name. Authority.

(3) (a) m e Authority shall consist of the Chairperson and other members as follows, namely :-

' (i) the Chief Secretary to the Government of &jarat, ex-o@cio who shall be the Chairperson;

G U J ~ T GO=- GAZETTE, EX. 30-3-2004 W T 1V

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

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

(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 Department, ex-oflcio;

(viii) the Secretary to the a v e r m e n t of Gujarat, Urban Bsvelopment and Urban Housing Department, ex-oificio;

(ix) rl?i Secretary to the Government of Gujarat, Revenue Departrnenc ex-oficio;

, (x) the Industries ~okmissioner, Gujarat State, ex-oficio;

(xi) ' the ~eve lo~rna i t Commissioner, Special Economic Zone, , , ex-ofticio; . .

(xii) Membgr-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.

Explanation.- For the purpose of sub-section (3), the term '

"Secretary" includes the Principal Secretary or Additional Chief Secretary of the Department.

Headquartets 5. (1) The headquarters of the Authority shall he at Gandhinagar or at and meetingof such other place as lhe State Government may, by notification in the AuthonQ. WciidZ Gazerre, spedty,

'(J PART IV] GUJARAT GOVERNMENT GAZETIE, EX. 30-3-2004 13-5 ,

#

(2) The Authorily &ail ~rlaet a1 such t i l l i s and places and shall observe such rules of procedure in regard to the transactions of its business at its meetings as may be provided by the regulations;

(3) No aci or proceedings of the Authority shall be invalid by reason of the existence of any vacancy thereto or defect in the constitution thereof.

6. (1) The functions of the Authority s h d be to secure planned Functions and development of the Special Economic Zone in the State and it shall be Powers of primarily responsible for the promotion, development and hctioning of AuthO~@.' the Zones in the State.

(2) For the purpose of development of the Zone, the Authority shall have following p o h and perform'the following functio'ns, namely :-

Guj. 11 of 1999.

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

(b) to prepare the guidelines for the development of the Zone 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 technhconomic feasibility 'report or a detailed project report as may be required for the development of the Zone when the ~ & e 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 though proceedings under the Land Acquisition Act, 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'

(0 to enter into joint venture mangeplent 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 Coqkration o p e d and controlled by the Sfate Government;

(g) to co-ordinate with the departments of the State Government and the Central, G o v m e n t and ensure timely implementation of projects and plans of the Zone;

GUJARAT GOvERIWENT GAZETTE, EX. 30-3-2004 [PART IV

01) 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. ... . . . . .

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. .. .. .

(3 ji' Without prejudice ,to. the provisions .of sub-sections (1) and (2), the Authority shall .e~&cisk the following powers - a d . perform following functions, namely :- . .

(a): .. : to ensure -the compliance of the approved ,m&+ter plan and 'may .approve any . modification' in: the plan : if .required b y the Developer.and provide the p+ciples for town planning

. . . . ' and .urban development standards to be iinplemented by the - ~ e v e l o ~ k ; .

- . . .

. . . .

@ ) to nominate member in the': Speeial .Economic Zone !levelopme~lt Board, Unit Approval Conimittee, Development Comrait&ee and other committees as may be required;

,. .

(c) . to. ovecsee. the 'activities and 'mmpliance of functions of Unit . ' : . .. Approval Committee and ~ey,elo@ment Committee of respective

Zone and to provide guidance; . . ,. . : : '

(d) to ~onstitupz 'such othe~com&ttees as may be necessary to . . . . . .perform .mp specific function~of.the~Zone.

. :. , .. . ,:. . . . . . . . .: :.. ' , '

(4) . :The Authority mi$, iy general or s&icial'brder, .delegate such of its powers and functioi~s, on such conditions asl may be specified in the order,

I to the. Development Commissioner or. to the bevel~~rnent~~ommittee of the . ' Zone. ;. . .... : . '

. . .. . . . . - . :. , ; : , ' . .

,. . . ,

Omcenand 7. (1) The Authority may appoint ~ekber-secretary and such other employees of Authority. .

officers and employees as it considers necessary for the performance of its '

functions.

(2) The MemberSecretary, officers ,and employees appointid under sub-section (1) shall be governed by such terms and conditions of service as . may be detexmined by the regulations.

. . , . . . :!.

(3) The Member-Secrehy, bfficei &d 'xn~liye@s shall exercise such : . . . . . . . . . ' powers and perfomsuch duties as may assigned to them by the Authority.

'

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# .. . I : . . , . . . . I , . I . " ' . ' . . . .

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PART IV] GUJARAT GOVERNMENT G m n E , EX. 30-3-2004 13-7

. .

' 8. (1) In addition to the members of the Unit Approval Committee Unit constituted by 'thei Government of India for the Zone, there shall be Approval following members to the Committee, namely :- Committee.

(i) an officer fiom the Industries and ~ i n e s Department nominated to' the office of the Development Commissioner;

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

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

(iv) an officer fiom the Labour and Employmen! Department nominated to the office df the Development Commissioner.

(2) The Chairperson of thc Committee may hvite an expert or an officer from ahy department of the State Government as an invitee to represent the Government Departments not represented in the said Committee.

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" . . . . 9 ,

. ' ,<. ,

9. (1) In ad'ktion to the fuflctions .e$t&@tedby the Gbvernment.. ~ m r t i o i s o f ofIndihthe Unit .Approval Committee @all grant &es;'sary~loca1~and::~e Udt Approval l evd clear~ces, approvals,, licences or, as the case'.niay be, registrition? Committee. under the State Acts for setting'up a Unit 'ivithii the Zone hi such manner & may . . be , . prescribed by the regulations, namely- . . ..

. . . . . . . . , . , . . . .

: (i) .;:, :ngistration .if unit :and .grant licence for starting; running i .. and operating,of the Unit, under .any of the State Acts; .... :. .

. . . .. . . ,, : . . :.. . . ' . . . . .

63 of 1948. . (ii) : site clg+mce : under. the F,acGdes Act, 1948 on behalf b ., Inspectoptti of Factories and~oile*i; : , .. , . ' , . '

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

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

(v). toc resolve disputes of ~comtnercial nature between the agencies providing services and the consumers in the manner as may be prescribed by the regulations; \.

. >

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13-8 ' G U J ~ ~ W ~ , E N T ~m, ExEX 3 0 - 3 - 2 ~ ~ ~ PART IV

(vi) to resolve ady dispute between the Unit and the Developer regarding infi-astructural facilities and amenities and services in the manner. as may be prescribed by the regulations and the decision of the Unit Approval Committee thereon shall be final;

(vii) any other approval or clearance which may be authorised by the State 'Government by general or.special order for the purposes of this Act.

(2) The Unit Approval Committee shall supervise and monitor, clearances, approvals, licences or registrations granted by it and may take appropriate action under the relevant applicable laws for breach of or non-compliance of any tems and conditions of any such clearance, approval, licence or registration.

(3) The Unit Approval Committee may appoint any agency to supervise and monitor the clearances, approvals, licences or regispations granted by it and may call .For any information required to supervise-and monitor such clearances, apprcvals, licences or registrations.

Single 10. Notwithstanding anything contained in any other law, the State PYiOdop Government may, - clearance..

'. ;

(i) prescribe a common application fom for approval, . clearance, licence, registration and no objection certiEicate under one or mork laws;

(ii) authorise the Development Commissioner to exercise such of the powers of tbe State Government or a body subordinate to -.. the Govermnent 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 a s

SPECIA& ECONOMIC ZONE DEVELOPMENT COMMITTEE

to 11. (1) . Every Zone, having ngard . to 'the, &ciPal . services proposed10 be provided in the area of the Zone and such 9aer factors, shall

township. be deemed to be an i n d d township-&ea under the profOviso to clause (1) of article 2434 of the Constitution of India

PART IV] GuJARAT m m ? GAZETIE, EX. 30-3-2004 13-9 I . : : , . ,

(2) Notwithstanding anything contained in my other law for the time being in force, the area of Zone shall cease to be. under the jurisdiction of any municipal corporation, municipal council, nagar panchayat or gram panchayat or the notified area constituted under the State laws.

12. (1) There shall be a Special Economic Zone Development Specid Committee consist of the following members, namely:- '

Economic Zone Develop-

(i) Developer or his nominee; ment (ii) -Development ~ornmissioner of the Zone or his Committee.

nominee; (iii) Nominee of the State Government.

(2) The Developer or his nominee shall be the Chairpersop of the Development Committee.

(3) The Development Committee may invite representatives of Units, residents, service providers and other interested persons in the meeting of the Committee.

(4) The Development Committee shall meet at such place and observe such rules of procedure for transaction of its business at the meeting as it may deem fit.

13. . The Development Committee shall perform the following functions Functions of in the manner as tnay be prescribed by the regulations, namely :- Devehp

ment . Committee.

. (1) (a) Prepare a plan for the development of the Zone in conformity with the guidelines prkpared by the Authority and to demarcate and develop sites for industrial, '

commercial, residential and for other purposes according to the plan;

. . ' (b) proGde inhstructure-facilities and amenities;

(c) allocate and transfer, either by way of sale or lease or otherwise, plots ol- >(land f o r industrial, . commercial, residential or other purposes'; . .

. .

. (d) regulate theconstruction of buildings. -

. .

(2) Erecfion of substantitid b'oundarymarksdefinhg tde limik of or any .alteration in limits of the Zone. .: . . . f . .

. .

, . . . (3) Ensuring ;.that, the Wdts and the residents have access to the . . . ;. .

- . : . :?, . . . - . :following baqic'and . . . . essential i d m ~ c t u r e facilities and amenities, I ',namely:- . , . . . . . . . , , . .

13-10 : ,.. , GUJARAT GOVERNMEM. GAZElTE, EX. 30-3-2004 . . . , [PART IV

. :. . . . .

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

(ii) public transportation facilities; . . . . . .

. . . . . - (iii) power supply; ' . - L : , . .

(iv) water supply;

(vi)

(vii) . '. ..

adequatedrains, drainage facilities and public latrin*, water- closets, urinals and similarconveniences;

. . . . I

cokctio& and t r h i h ~ t .of sewerage; , '

\

collection, treatment and disposal of industrial and township solid waste; . . .

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

. . . . . .

(ix) . rnh- ,? . .,s;mce of public monuments,ppen spaces add otha public . " . ,.

propeLt y. :/:. . . . . , , . . . .

. (4) - E-g . that' the Units ,and the residents have.: mess : to .: the . ',!

. . following social inhutmcture' facilities and services in accordance :

' . . .with the .growth of the Zone and requirements of the Units and the '

. . , . .. - . . : . - residerits, namely :- -. ; . . :. 1, . . . , . . . ,

, ' . r . . ; ; ; . . : : .. , . ..; .. . . . . . . , .. : > ...,: .: . $), r . public. hdspipls arid dispensaries; .

".' . . t',',;..

. , . . . .

(ii) , ambulance,service; .. - . '

. . . .

. (iii) : I . places f ir the disp&l . : of the dead and disposing of unclaimid . , . : dead boilies; . , .

(iv') ' public markets, slaughter houses; -. ,

(v>.: .. ; s c h ~ l s fm p&ary,~.~econdary andhigher education;

(+$ '.':~~atemity z&dea'infant welfan houses and centres; . .

(vii) parks, gardens, playgrounds and recreational hcilitik; - . , a

(ix) maintaining r 6rlbrigade equipped with suitzbe appliances far the extinction of hres k d the protection of life and property :against fire; I

PART IV] GUJARAT GOVERNMENT GAZETTE, EX. 30-3-2004 13- 1 1

(x) any other social services. .., ... . . , 3.: , . . , . ' .: . .

. ' (5 ) Redamation of d e a l t h i . localities9 the removal of noxious vegetation and the, . abatement, . , . . of all nuisances. ,

, . . .

Born. v or (6) ~egistration of.maniages and births a d deaths 'under the provisions 1954. 18 0~1969. . . of' the ,Bombay ~e'gisttation of Marriages Act, ' 1953 and the '

Registration of Birth and Deaths- Act; 1969. . . . .

Born.; or (7) Conducting public vaccinations in accor&mce with the provisions of 1892. the Bombay District Vaccinatioil Act, 1892.

(ilj Prevention and checking the spread of dangerous diseases:' --

(9) ~exnoval of unauthorised construction anQ encroachments.

(1 0) &emoval o f obstructions and projections in or .upon streets, bridges . . and 'other public places. . . . .

. .

(11) Naming or nuibering. of streets and of public places 'and the .

- . . numbering of premises; . . . . .

(1 2) ~e t e&e . the charges for Mastructural facilities, amenities and . . -

services provided by the Developer. . . ;.. , . . . I

. .

(13)' Monitoring town planning standards set by the. Development Authority. . .

(14) . . . Such other hc t ion i as miy be. assigned by the Authority.. . . . . . . .

14. : (1) It shall be ' the ksponsibility ,!" ,.:.;..,., . > . . . . x....:. o f thc Developer df 'thci' Zone to Infrastructurt develop, :faal,-.dpmte, 'ege:@:.m&@tain any'or & of the .facilities and . . . . ... '..' . . , :.. .' .' . .

f 0 1 1 ~ ~ ~ &frudm& &iliti&, -a@&ties, ,. . h d . . s&ces for thc 'purpo&s ; .8eNices* I . .

. . 'of p~ding.$'imiices . ,. in the Zone, +mely y. \ : . . . . :- . : . ::- ' . . . .' . . . I . . < .

. . .. >, ! . . . . . . . . . ..:.,. ;i. "; . . . . .

, . . . . , .

: (i) : ' ' geiieration and supply of electxicity,. ' .

, (ii) . water extraction, treatment, ~ s s i o n and distribution; . : ,

, (iii) wwd . . . , _ . treatment . and.ibGil yastemauagement; . : . - . . . , . . - (iv) " ' proGon of minor port and itlated services; - . .

. . . . . . . . . . .,;; .

: v) . z : :proy@on of roads and bridges; ' . .. ... :I: c,.:!:::;-,(i) - ::. p r o ~ O ~ f a , w ~ ~ b ~ i a g ~ & , O ~ , , , .

(vii) - smvisio~ fof co~hic'at ion . . . . . .::;., ! . a . .. and . data network t r d s s i o w c@ . . . . . 7 . . : : ..,: :. . . : , ' I . ' . .

( I ) . . . ..I , . . . .. t .

. . 13-12 G U J A R A T ~ ~ ~ o m , EX. 30-3-2004 ' . [PART IV

. . - .

. . . . . .

(viii) any othersenicrp . . &may be prescribed by the regulations. . . . a . .

, . . . . . .

(2) Subject to the re@hti&s, the Developer may levy user charges or : feq as, may be ; approved 'by .the Development Committee for providing infi-astructural .facilities,:mknities and.services referred to in sub-section (1) in such manner as may be . . . . by the . . regulations:. . '

. . . . .

(3)' For the provision if the products or services of i&&mctm undkr this Act, the relevant Acts; guidelines, rules and regulations. prevalent in

. , India shall be. applicable. for..quality of the product or' service.. and.- safety . . 'requirements. - . - , . . ; .

SUPP~Y of 15. (1) Any-person generating electricity in the Zone, may supply electricity to the Gujarat Electricity Board after obtaining the approval fiom

and exemption the State Government and upon the terms and conditions agreed to by the from duty. supplier and the Board.

(2) The Uni! located in the processing area of the Zone shall be exempted from :Its electricity duty under the Bombay ~1ec t r i c i t y ' ~u t~ Act, 40 1958, fir a p d o d of ten years fkom thedate of piuduction in the case of ,f1958. manufacturing Unit and from the date of supply of services in case of service Unit.

Water, ' 16. (1) The Developer or his agent may set up systems and facilities for road* gas extraction, treatment, transmission and distribution ofwater within the Zone and other facilities. in conformity with applicable service standards.

(2) The Developer or his agent may set up systems and facilities for whte water and solid waste management and 'treatment in the Zone in confomity'with applicable service standards. .

' . . . .

(3) The Developer oi Gs: ag&t may 'develop, operate and maktain the . . . . - . , . ' .: ' . .. . . . road:network, bridges, -portation . , A _ . : : services and any transportation system

.. within: the..:Zone.. and 6 levy. toll :br :.fee.. as ..may be. . approved, by. the Development committee fbr pro~ding'iukhfacility,.;n such rnanner:asmay

. . be prescribed by.the re&lations. ' . .

' - . (4) , (a) . Subject to the pqlicy , laid do,wn by the Government regaiding

. . ' . . . 'pbi'ts,:. ,the. .Devebp&...or his. agent may.,:'develope, operate ind rn&tain:$'minur port within .$he ~on&,for,:l:andin~ .. . . . of goods for use in the Zone an'd lbr the shipphg of 'g~,odsfim thezone. . . '

I

, .. , .:. . I ' . . . , . . . . .-. , .

. . . . . @ ) The ~ocbpa Pi hk ' & ' shall manage; for landing of other . ..

: cargoes .(not meant .:for @e. Zone) '& piii.th& terms :andkonditions '

pfesciibed by qgdatidnsiby the GujaratMaritimi Board: , . . . . . . . ).

. . -

PART IV] . . GUJARAT GOVERNMENT GAZETTE, EX. 30-3-2004

. . . 13-13

. . . ,::. I .

, . (c) he Developer or. his agent may fix and collect tariff b m ,

the vessels entering in . the . minor pod-within the Zone andon the. .

' :: goods- landed' 'Ah &iiip.& -a* , tlls: port in accordance -with the . . '

directions- of the ~ujarat' ~aritixrk~oard..

, . ( 5 ) . The Developer or his agent-may set up gas distribution system in the . . ' Zone. . .

. . . . . .

C m E R VII LABOUR . .

17. (1) Notwithstanding anything contained in the Acts specified in Delegationof Schedule I, the powers, duties apd hctions conferred on Commissioner of Powers of Labour or dmy officer'under those Acts shall be exercised by the rz- Development Commissioner or any officer authorised by him in this behalf. sioner to

Development (2) The State Government may, & and'when considered-necessary, by Commissioner. notification in the qfficial Gazette, amend Schedule I and thereupon Schedule I shall be deemed to have been amended accordingly :

Provided that when Schedule I is 'to be amended by adding an Act made by 'thei.Parliament, such amendment sh'all be 'made with the prior

. . . :appb$al ofthe Government of India. . .

. .

18. Each of the Acts specified in the s e d column of the Schedule I1 *mendmen.t shall be amended in the manner and to the extent specified against it in be Of certain third column thereof. Acts.

19. The units in the Zone shall furnish the consolidated annual report in Consolidated the piescribed form to the Development Commissioner instead of perio'dical under returns under the following Acts, namely :- various laws.

. (i) - The Workmen's Compensation Act, 1923; (ii) , The Payrnent.of Wages &< 1936; . .

. .(iii) . The Factories Act,: 1948; (iv). The Minimum Wages Aot, 1948; '. . . .. ."(Q:. .

',. , The mt' . . emity Benefit Act;, 1961; -. . . . . I . ' .

' (vi) Tlk Payrnad:of Bonus Act, 1955; ' (vii) The Contract Labour (Regulation and'Abolition) Act, 1970; and

. (viii). S~&h'~ ther Acts the State'Government may, by'notification in 'Wcial 'G : . . . . azette, spec@ :. '

.-,. . : : . . . . . . . . . . . . . . . . . . . . . , . , . . . .

Provided that when any ?her Act ma& by the Parliament is to be . . s ~ i f i e d ~ ~ y ; t ~ , State ,Gov-&& itshall be .specifid with pior 'approval

. . . .(,f the. o:f ' . ' ; . . . . . . . . . . . . . . . . : .

. . . . . . . . . . . . . . . . , . . . . . . . . . . . , , . .I::. . . . . . .

. . . . . i ' . 1 . . ' . . . . . . . .

. . . . . . . . . . . : . . . . . . . .

, , . . , . . . . . . . . . . .

I .

13-14 G U J ~ ~ ~ GOVERNMENT GAZETIE, EX. 30-3-2004

. . * P P M ~ & ~ 20. The p~ovisions of Chapter v-D@~& Industrial Disputes Act, 1 947 x-v Of Chapter . ' shall apply to the.industria1 estabQshments set up ,in. the Zone. V-D of XIV . . . ,

1947.

of 1947 to - .

Zone. , . ,

CFIAPTER Vm FISCAL BENEFITS -

state tam 21. (1) All sales and transactions wiihin the processing area of the Zone andlevies. shall be exempt fiom all taxes, cess, duties, fees or any other levies under

any State law to the extent specified below :. - . . .. .::

(a) Stamp duty aadregistration fees ' in transfer. of land meant for approved Units ii the Zone. , . : .

. .

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

(c) Sales T+, muChase Tgx, ,Motor spirit'.~ax, Luxury Tax, ' .

Zntertainmqnt Tax and othq taxes and . c&s . . payable on sales and. transactions. . . . .

. . . . :. . . . . .

(2) ~ n p u t s (gq6ds and 6 q i c & ) msda to ZO& Uni@.hm Domestic Tariff Area shall beexempted .&om &lei tax'md other taxes under the St&-

.. *.. . . _ . laws. . . . ..... . . . , 8

. . . . ' . : . (3). . The ~ e i e l 6 ~ i ~ .&all .A6 be entitled. to. tk benefits of exemption . . provided in sub-sectio&(l) b d (2) foi.the.entbi Zone. ' .

. , . . I . , . :

overriding 22. The provisions of this, Act shall have effect notwithstanding effect of anything contained in any other law for the time being in force. Act. - . ProWon 23. No s~it,.~rosecuuion or other'legal pmc&hg shall lie against my

pason for anything which is done k good faith or intended to be done taken in under this Act or any rules of regulations made thereunder. good faith.

Members ' 24. Every member of the Authority, the Development Commissioner nnd aid .every officer and employee of the kuthori@. shall, when acting or.

purporting to act in purmumx of the provisions of this Act, &of my rule or . to be

pPblic regulation made there&, be deemed to be a public servant within the . semnlb. meaning of section 2 1 of the Indian Penal Code. * 45 of 1860. .

PART IV] GUJARAT GOVERNMENT GAZETTE, EX. 30-3-2004 13-15

25. (1) The State Government may, by notification in the C@~ial pOmrof Gazette, make rules for carryjng'out the purposes of this Act. State

Government

(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made to provide for all or any of the matters rules.

expressly required or allowed by this Act to be prescribbed by rules.

(3) All rules made under this section, shall be laid for not less than thirty days before the State Legislature as soon as possible after they are '

made and shall be subject to the rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.

(4) Any rescission or modification so made by the State Legislature shall be published in the W c i a l Gazette, and shall thereupon take effect:

26. The ~uthohty may, with the previous approval of..the State Powerof Government, by notification in theoflcial Gazette, make'regulations not Au'bonb' inconsistent with this Act and ths.mks made tlmeunder, for enabling it to 'O make perform its functions under this Act. I regulations.

27. (1) If any difllculty arises in giving effect to the provisions of this Power to Act, the State Government may, by order publislied in the qfficial Gazette, remove make such provisions not inconsistent with the provisions of this Act, as, may appear to be necessary for removing the difficulty :

\

Provided that no such order shall be made after the expiry of three , years fiom the commencement of th& Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before the State Legislature.

28. (1) The ~ujarat Special Economic Zone Ordinance, 2200, is hereby R@ and GuJ- Ord repealed. savinp 1 of 2004.

(2) Ndtwithstanding such repeai, anything done, or ~ z y ,&on taken &der the said Ordinance sWII be d&med to have been done or taken under this Act.

>

GUJARAT . , GOVEX@MENI GAZETIE, EX. 30-3-2004

SCREDULE I . . I .

(.See section . . - 17)' ' - . : . . . . , . I .

. . .

Sr. . .

- ' Short title '.

No. . : , . .

1 . . :.2 , . .. .. . . .

1. The Payment of wages Act, 193.6. . . 4 of 1936. . . , .- . .

2. . The Industrial Em$lo$enf (Stahding, . Orders) . Act, i946. 20 of 1946. . . . . . L(;. . . , . , ,' . . . . ,

3 , : Bom~ayMUStrial ti^^^ A&; 1 GC' B o m l l o f . . . . ,

. . 1947.

4. , The Factories Act,. 1948. 63 of 1948.

5. The Minimum Wages Act, i 948. 11 of 1948.

6. .The I n d u s ~ ' Disputes Act, 1947. 14 of 1947.

, , . , . . I . .;

. . . 7. ;The ~ o r l ? j l ~ ~ o & & s t s and other ~ e & p a ~ e r Employees 4501 1955. (Conditions of Sentice) and ~iscellankous ~rovisions Act, 1955.

. . : , .:

8. The Maternity Benefit Act, 1961. 53 of 1961.

9. The Payment bf BO~US'AC~, '1965. 21 of 1965. ,

SO: The Beedi and cig&workers . (Cdnditioni , .. . . of ~ i n ~ l o y m i t ) 32 of 1966. - Act, 2966.

. - , . . 1 1. The Contract ~;b&aboiu .. (Reguldion . : , q d Abolition) Act, 1970. 37 of 1970. . .' . . .I . .

12. The Payment of Gratuity Act, 1972. 39 of 1972.

13. The Equal Remuneration Act, 1 976. . - 25 of 1976. . . 4: -:-;i.h. bter-StafBMi.'12~&km& ,CPegsll ation .Of . :, , .

.. ., ;, , < . ' . . , * 30-of 1979.

: . : E@loym:int: grid 'cd~ditio.m.?bf.;Sdn;iCe) Act,, 1979, I' . .

I

1 5. The Child Labour (Prohibition ' a d Regulation) Act, 1986. 61 of 1,986.

16. The Periions with Disabilities (Equal Opportunities, 1 of 1996. Protection of Rights and Full Participation) Act, 1995.

. .