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Government
of Gujarat's Policy on SEZ
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Policy
regarding establishment of
Special Economic Zones in Gujarat
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Government of Gujarat
Industries and Mines Department
Resolution No.-SEZ-2001-1465-G
5 Sardar Bhavan, 4th floor
Sachivalaya, Gandhinagar
Date : 19.7.2002
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| Preamble: |
Top |
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Government of India have announced a Policy of Special
Economic Zones (SEZs) during March 2000 with a view
to augmenting infrastructure facilities for export production.
Setting up of Special Economic Zones are permitted in
the public, private, joint sector or by the State Governments.
These SEZs are to be deemed foreign territory for tariff
and trade operations. The concept of SEZ is expected
to bring large dividends to the State in terms of economic
and industrial development and the generation of new
employment opportunities. The SEZs are expected to be
engines for economic growth.
Gujarat
has remained in the forefront of industrial development.
The establishment of first SEZ in the country has been
approved in Gujarat under SEZ Policy of GOI. In addition,
the existing Free Trade Zones namely Kandla Free Trade
Zone and Surat Export Processing Zone have been converted
into Special Economic Zones and these are in operation
in the State. Besides, there are new proposals to establish
SEZs in the State.
The
Central Government has offered various incentives and
facilities both to developer of SEZ as well as the industrial
units coming up in SEZ. All kind of units namely manufacturing,
trading or service activities are permitted in SEZ.
All approvals are to be given by the Development Commissioner
for establishment of the unit in SEZ. The State Governments
are required under the scheme to offer specified facilities
and concessions for promotion of units in SEZs.
In
the context of Government of India guidelines for the
establishment of SEZs, the matter of formulating a policy
regarding the dispensations which the State Government
will accord to promote the development of SEZs, has
been under consideration of the State Government for
some time past. After careful consideration, It has
now been decided that the following policy will apply
to all SEZs in the State namely Kandla SEZ, Surat SEZ
and proposed SEZ at Positra, Mundra and Dahej and at
any other locations where SEZ may come up in Gujarat,
subject to the framework for SEZ determined by Government
of India from time to time.
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RESOLUTION
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1. MANAGEMENT OF ZONES |
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The
management of the Special Economic Zone will be under
the designated Development Commissioner. The Development
Commissioner will grant all the permissions as Single
Point Clearance from his office. These will include
registration of the unit, allocation of land, permission
for construction of building and approval of building
plan, power connection, environmental clearance, water
requirement etc.
SEZs
in the State will be declared as Industrial Township(Notified
Area).
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2 POWER |
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The
SEZ authority will ensure continuous and quality power
supply to SEZ units.
SEZ developer will be permitted for arrangement of power
through establishment of power project as independent
power producer(IPP) as well as transmission and distribution
of power. SEZ developer will approve power connections
and carry out billing of units in the SEZ.
The SEZ authority may also ensure standby arrangement
through establishing grid connectivity so as to draw
power from Gujarat Electricity Board subject to their
entering into a separate agreement with GEB on mutually
acceptable terms.
SEZ
units shall be exempted from electricity duty for ten
years period, from the date of production or rendering
of services.
SEZ
units will be granted automatic approval to set up captive
power plant.
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3 ENVIRONMENT |
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Applications
for Site clearance, NOC, consent order and other clearances
required from Gujarat Pollution Control Board for units
and activities within SEZ under different Acts except
for the industry/activities which require clearance
from Ministry of Environment and Forests (MOEF), Government
of India will be accepted by Development Commissioner
of the SEZ. An officer of GPCB may be deputed to work
as Nodal Officer under supervision and administrative
control of Development Commissioner of the SEZ to grant
approvals and requisite powers will be delegated to
Development Commissioner, SEZ
GPCB
has declared 80 industries which are exempted from requirement
of obtaining NOC. These are however, restricted to small
scale industrial units only. The list of industries
exempted from obtaining NOC will be extended to medium
and large industries also. A separate exercise will
be carried out to expand the list and to further streamline
the system for speedy single point environmental clearance
without diluting in any way compliance with environmental
protection parameters.
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4 WATER |
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| The
SEZ developer will be granted approval for development
of water supply and distribution system to ensure the
provision of adequate water supply for SEZ units. |
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5 LABOUR REGULATIONS |
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The
powers of the Labour Commissioner, Government of Gujarat
shall be delegated to the Development Commissioner in
respect of the area within the SEZs. An Officer will
be designated and placed under the supervision and control
of Development Commissioner, SEZ. He will function as
Registration Officer, Conciliation Officer as well as
Inspector under various Labour Laws to provide Single
Window Service.
As
a part of liberalization process for filing returns,
a Consolidated Annual Report (CAR) has been designed,
consolidating various periodical returns(quarterly,
half yearly etc) under following Acts.
1. Workmen compensation Act 1923
2. Payment of wages Act 1936
3. Factories Act 1948
4. Minimum wages Act 1948
5. Maternity benefit Act 1961
6. Payment of bonus Act 1965
7. Contract Labour (Regulation and Abolition) Act 1970
The
units in SEZ will be required to file annually Consolidated
Annual Report(CAR) to Development Commissioner, SEZ.
The units in SEZ will not be required to file periodically
separate returns.
All
industrial units and other establishments in SEZ will
be declared as "public utility service" under
the provisions of Industrial Dispute Act.
For
Inspections relating to workers' health and safety,
units will be permitted for obtaining inspection reports
from accredited agencies as may be notified by the State
Government.
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6 SALES TAX AND OTHER LEVIES: |
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a.
Complete exemption on payment of Stamp Duty and Registration
Fees on transfer of land meant for industrial use in
the SEZ Area.
b.
Complete exemption on payment of stamp duty and registration
fee for loan agreements, credit deeds, mortgages etc..
pertaining to SEZ units or which will be executed within
the SEZ area.
c.
Transactions within the SEZ shall be exempted from all
State taxes including Sales Tax, VAT, Motor spirit tax,
luxury tax and entertainment tax, purchase tax and other
state taxes.
d.
Inputs (goods and services) made to SEZ units from Domestic
Tariff Area (DTA) will be exempt from Sales tax and
other State taxes.
e.
Any sales from SEZ to DTA will be treated as import
and import duty will be applicable as per GOI policy.
Sales tax will be applicable to SEZ goods as applicable
to other imported goods. Same Rules and Procedure will
be applicable to SEZ goods as applicable to normal imports.
f)
Due to tax system constraints, if it is not possible
to grant direct exemption to any transactions, such
payment of State taxes will be reimbursed to the SEZ
units. .
g)
The SEZ developer and SEZ units will be eligible to
avail exemptions under (a) to (f) above during implementation
period as well.
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7 LAW AND ORDER |
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State Government shall take required suitable steps within
the SEZs for the maintenance of law and order. |
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8 COMMITTEE FOR REVIEW AND DEVELOPMENT OF SEZs |
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Committee is hereby constituted to resolve various issues
pertaining to the promotion, development and functioning
of SEZs in the State. |
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| Chief
Secretary |
Chairman
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| Principal
Secretary, I&M |
Member
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| Principal
Secretary, E&PD |
Member
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| Principal
Secretary, FD |
Member
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| Secretary,
Water Resources |
Member
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| Secretary,
Environment |
Member
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| Principal
Secretary, Labour &ED |
Member
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| Industries
Commissioner |
Member
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| Development
Commissioner, SEZ |
Member
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| Principal
Chief Industrial Advisor |
Member-Secretary
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By
order and in the name of the Governor of Gujarat,
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Shobhana Desai
Deputy Secretary to Government of Gujarat,
Industries and Mines Department
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