LexThe Gujarat Special Investment Region Act, 2009.
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
THE GUJARAT SPECIAL INVESTMENT
REGION ACT, 2009.
(GUJARAT ACT NO. 2 OF 2009)
(As modified up to 31st December, 2024.)
[2024]
[Price : `. 25]
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
THE GUJARAT SPECIAL INVESTMENT
REGION ACT, 2009.
(GUJARAT ACT NO. 2 OF 2009)
(As modified up to 31st December, 2024.)
[2024]
[Price : `. 25]
G.C.P.G.-H-111-06-2024-DTP-2
©
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
THE GUJARAT SPECIAL INVESTMENT REGION ACT, 2009.
CONTENTS
PREAMBLE
Sections. Page No.
CHAPTER I
PRELIMINARY
1. Short title and commencement. 1
2. Definitions. 1
CHAPTER II
DECLARATION OF SPECIAL INVESTMENT REGION
3. Declaration of Special Investment Region. 3
4. Special Investment Region to be out of jurisdiction of local
authority.
3
CHAPTER III
ESTABLISHMENT OF APEX AUTHORITY
5. Establishment of Apex Authority. 3
6. Powers and functions of Apex Authority. 4
7. Appointment of Executive Committee and other committees. 5
CHAPTER IV
CONSTITUTION OF REGIONAL DEVELOPMENT AUTHORITY
8. Constitution of Regional Development Authority. 5
9. Headquarters of Regional Development Authority. 5
10. Appointment of members in Regional Development Authority. 5
11. Term of office and Conditions of service of members. 6
12. Meeting of Regional Development Authority and transaction
of business.
6
13. Constitution of Committees. 6
14. Acts and proceedings of Regional Development Authority and
committees presumed to be valid.
7
ii The Gujarat Special Investment Region Act, 2009. [ 2009 : Guj. 2
Sections. Page No.
CHAPTER V
POWERS AND FUNCTIONS OF REGIONAL DEVELOPMENT AUTHORITY
15. Powers and functions of Regional Development Authority. 7
16. No erection, etc. by any person or entity without permission of
Regional Development Authority.
9
17. Application of President's Act No. 27 of 1976. 10
CHAPTER VI
PROCEDURE FOR SETTING UP OF UNITS AND AMENITIES IN SPECIAL
INVESTMENT REGION
18. Setting up of units and amenities in Special Investment
Region.
10
19. Units and amenities of S pecial Economic Zone in Special
Investment Region to be governed under relevant Act.
11
CHAPTER VII
DEVELOPMENT AND EXECUTION OF INFRASTRUCTURE PROJECTS
20. Project Development Agencies. 11
21. Transfer of assets to Government company for infrastructure
development.
12
22. Award of projects to a Developer. 12
23. Integrated development of a large area in Special Investment
Region.
13
CHAPTER VIII
ALLOCATION OF PREMISES, EVICTION AND RECOVERY OF DUES
24. Allocation of premises in Special Investment Region. 13
CHAPTER IX
REDRESSAL OF GRIEVANCES AND SETTLEMENT OF
DISPUTES
25. Redressal of Grievances and Disputes Resolution Forum. 14
26. Disputes Settlement Mechanism. 14
2009 : Guj. 2 ] The Gujarat Special Investment Region Act, 2009. iii
Sections. Page No.
CHAPTER X
ADMINISTRATION AND DEVELOPMENT OF PERIPHERY OF THE
SPECIAL INVESTMENT REGION
27. Periphery of Special Investment Region. 15
CHAPTER XI
CONTROL, REGULATION AND DEVELOPMENT IN
SPECIAL INVESTMENT REGION
28. Control, regulation and development. 15
CHAPTER XII
TOWNSHIP SPECIAL INVESTMENT REGION TO BE AN INDUSTRIAL TOWNSHIP
29. Special Investment Region to be an Industrial Township. 17
CHAPTER XIII
FINANCE, ACCOUNTS AND ANNUAL REPORTS OF
REGIONAL DEVELOPMENT AUTHORITY
30. Funds of Regional Development Authority. 17
31. Accounts and Audit. 17
32. Annual Report. 17
CHAPTER XIV
POWER TO MAKE RULES, ISSUE DIRECTIONS AND
REGULATIONS AND REMOVE DIFFICULTIES
33. Power of State Government to make rules. 18
34. Power of State Government to give directions. 18
35. Power to Apex Authority to make regulations. 18
36. Power of State Government to remove difficulties. 18
CHAPTER XIV
MISCELLANEOUS
37. Act to override other State laws. 18
38. Land deemed to be for public purpose. 19
39. Members, officers and employees to be public servants. 19
40. Protection of action taken in good faith. 19
41. Repeal and savings. 19
_____________
2009 : Guj. 2 ] The Gujarat Special Investment Region Act, 2009. 1
GUJARAT ACT NO. 2 OF 2009.*1
[THE GUJARAT SPECIAL INVESTMENT REGION ACT, 2009.]
[3rd March, 2009.]
Amended by Guj. 11 of 2016.
AN ACT
to provide for establishment, operation, regulation and management of
large size Investment Regions and Industrial Areas in the State of Gujarat;
and to specially enable their development as global hubs of economic
activity supported by world class infrastructure, premium civic amenities,
centers of excellence and proactive policy framework; and for setting up
an organizational structure with that purpose and for matters connected
therewith or incidental thereto.
It is hereby enacted in the Sixtieth Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Gujarat Sp ecial Investment Region
Act, 2009.
(2) It shall be deemed to have come into force on the 6 th January,
2009.
Short title and
commencement.
2. In this Act, unless the context otherwise requires- Definitions.
(a) “Amenities” means basic and essential se rvices including but not
limited to roads, bridges, bypasses and underpasses, drainage, water
supply, collection -treatment-discharge and disposal of industrial,
institutional and township waste, health, education, transport, disaster
management, parks, gre en areas, gas pipeline, entertainment, hospitality,
recreation, industrial parks, townships and institutional areas and other
facilities of conveniences as the Apex Authority may specify;
(b) “Apex Authority" means the Special Investment Region Apex
Authority constituted under section 5;
(c) “Award of project" means awarding, allocating, assigning,
transferring and leasing a project or work for execution, operation,
management or maintenance under this Act;
(d) “Concession Agreement” shall have th e same meaning as
assigned to it by clause (b) of section 2 of the Gujarat Infrastructure
Development Act, 1999;
*. This Act was assented by the Governor on the 3rd March, 2009.
1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extraordinary,
Part-V , dated the 10th February, 2009, Page No. 1-19 to 1-24.
Guj. 11 of 1999.
2 The Gujarat Special Investment Region Act, 2009. [ 2009 : Guj. 2
(e) “Developer" means a person or entity with whom a concession
agreement is entered into or a project has been awarded and for which
such other agreement is entered into for fu rtherance of the objectives of
this Act;
(f) “Economic Activity” means the activities and services including
but not limited to industrial, manufacturing, commercial, financial,
processing, packaging, logistics, transport, tourism, hospitality, health,
housing, entertainment, research and development, education and training,
information and communication, management and consultancy, corporate
offices and the activities and services connected therewith or incidental
thereto and other economic activities as the Apex Authority may specify;
(g) “Government agency" means a Corporation or a body owned or
controlled by the State Government or an authority established by or
under any law of the State and includes a local authority;
(h) “Industrial Area" mea ns an area of more than fifty square
kilometers and less than or equal to hundred square kilometers and having
or proposed for predominantly economic activity;
(i) “Infrastructure projects” means any project or facility, utility,
amenity or service whic h is required or desirable for smooth, productive
and efficient functioning of the Special Investment Region and includes
such projects within the Special Investment Region, connecting the
Special Investment Region or required for it;
(j) “Investment Region” means an area of more than hundred square
kilometers and having or proposed for predominantly economic activity;
(k) “Local Authority” means and includes a V illage Panchayat
declared under clause (14) of section 2 of the Gujarat Panchayats Act,
1993, Municipal Council and Municipal Corporation having jurisdiction
and falling within the Special Investment Region;
Guj. 18 of 1993.
(l) “Occupier” means a person who is in the legal possession of a site
or building in the Special Investment Region and includes his successors,
transferees and assignees;
(m) “Periphery Area” means the outer area of Special Investment
Region declared as such under section 27;
(n) “Person” means and includes an individual, an entity, a company,
firm, organization, associa tion, society, establishment, institution
including Government agencies carrying on business or economic activity
in the Special Investment Region or entrusted with any work under the
provisions of this Act;
(o) “prescribed” means prescribed by rules made under section 33;
(p) “Regional Development Authority” means the Regional
Development Authority constituted under section 8;
(q) “Regulations” means the regulations of the Apex Authority
made under section 35;
2009 : Guj. 2 ] The Gujarat Special Investment Region Act, 2009. 3
(r) “Special Investment Region” means an Inves tment Region or an
Industrial Area declared under section 3;
1 of 1956.
(s) “Special Purpose Entity” means a legal entity formed under the
Companies Act, 1956 or registered under other relevant Acts to execute
particular infrastructure projects;
(t) “Unit” means a unit set up by a person for the purpose of carrying
on any economic activity in Special Investment Region and includes an
existing unit whether established before or after the commencement of
this Act;
(u) “User Charges” means the charges levied by the Regional
Development Authority, a Developer or any other entity authorized for
that purpose under this Act.
CHAPTER II
DECLARATION OF SPECIAL INVESTMENT REGION
3. (1) The State Government may, by notification in the Official
Gazette, declare an existing or proposed Investment Region or Industrial
Area to be a Special Investment Region and determine the geographical
area of the Special Investment Region for carrying out the purposes of this
Act.
Declaration of
Special
Investment
Region.
(2) An Investment Region or Industrial Area declared as a Special
Investment Region may be known with the name of its location or its
predominant economic activity.
(3) Every notification issued under sub -section (1) shall be laid
before the State Legislature as soon as may be after it is issued.
4. (1) A Special Investment Region declared under this Act, except
the village site area (gamtal) of a Village Panchayat, Municipal area and
Municipal Corporation area declared under the provisions of respective
State laws, shall cease to be under the jurisdiction of a local authority to
the extent it relates to the provisions made in this Act.
Special
Investment
Region to be
out of
jurisdiction of
local authority.
(2) While preparing the development plan for the Special Investment
Region, the Regional Development Authority shall take into account the
development plan, if any, prepared by the respective local authority for the
concerned Village site area (gamtal) of the Village Panchayat, Municipal
area and Municipal Corporation area and the adjacent area thereof:
Provided that the State Government may declare the adjacent area of a
Village Panchayat Municipality or Municipal Corporation from time to time.
CHAPTER III
ESTABLISHMENT OF APEX AUTHORITY
Guj. 11 of 1999.
5. The Gujarat Infrastructure Development Board (GIDB) established
under section 17 of the Gujarat Infrastructure Development Act, 1999 is
hereby declared and designated as the Special Investment Region Apex
Authority (hereinafter called “Apex Authority”) for the purposes of this Act.
Establishment
of Apex
Authority.
4 The Gujarat Special Investment Region Act, 2009. [ 2009 : Guj. 2
Powers and
functions of
Apex
Authority.
6. (1) The Apex Authority shall exercise all powers conferred on it
and discharge all functions assigned to it for any Special Investment
Region declared under the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, the
powers and functions of the Apex Authority shall also include-
(i) to make regulations to give effect to the provisions of this Act;
(ii) to make regulations for development, operation, regulation
and management of the Special Investment Region within the State and
for development of infrastructure within the Special Investment Region;
(iii) to approve, with or without modification, the plan for use of
land in the Special Investment Region or its peripheral area on receipt of
the proposal from Regional Development Authority;
(iv) to approve, with or without modification, the development
plan, the Town Planning Scheme and the General Developm ent
Regulations prepared and proposed by the Regional Development
Authority;
(v) to grant permission and approval for any economic activity,
amenity or infrastructure projects to be established in the Special
Investment Region including integrated development in a large area in the
Special Investment Region;
(vi) to approve with or without modification, the agreements to
be entered into by the Regional Development Authority or by a
Government agency or submit the same to the Gujarat Infrastructure
Development Board for its recommendation under sub -section (2) of
section 5 of the Gujarat Infrastructure Development Act, 1999 for the
project specified in Schedule I of the said Act and the regulations made
thereunder in this regard;
Guj. 11 of 1999.
(vii) to ascertain and fix the rates and approve, with or without
modification, the user charges proposed by the Regional Development
Authority, a Government agency or the Developer of infrastructure
projects;
(viii) to propose with its recommendation to the State
Government for making such provisions with respect to proper
development, operation, regulation and management of the Special
Investment Region;
(ix) to monitor the development of the Special Investment
Region and issue necessary directions to the agencies involved;
(x) to exercise such other powers and perform such other
functions that may be required for development, operation, regulation and
management of the Special Investment Region and as entrusted to it by
the State Government.
2009 : Guj. 2 ] The Gujarat Special Investment Region Act, 2009. 5
Guj. 11 of 1999.
7. (1) The Apex Authority may appoint an Executive Committee and
such other committees or sub-committees consisting of such number of its
members for efficient performance and exercise of its powers conferred
under this Act as may be determined by regulations.
(2) The Apex Authority may, instead of appointing an Executive
Committee under sub -section (1), designate the Executive Committee of
Gujarat Infrastructure Development Board constituted under section 25 of
the Gujarat Infrastructure Development A ct, 1999 to be the Executive
Committee of the Apex Authority for the purposes of this Act:
Provided that the core functions of the Apex Authority such as
approval and modification of Development Plan, Town Planning Scheme
and the General Development Regula tions shall not be delegated to any
committee of the Apex Authority.
Appointment
of Executive
Committee
and other
committees.
CHAPTER IV
CONSTITUTION OF REGIONAL DEVELOPMENT AUTHORITY
8. (1) The State Government may, by notification in the Official
Gazette, constitute a Regional Development Authority for the Special
Investment Region area declared under section 3.
Constitution of
Regional
Development
Authority.
(2) Every Regional Development Authority constituted under sub -
section (1) shall be a bod y corporate and shall have perpetual succession
and a common seal, with power to acquire, hold and dispose of movable
and immovable property and to contract, and by the said name, to sue and
be sued.
(3) The State Government may, instead of constituting a Regional
Development Authority for an Investment Region or an Industrial Area,
designate a Government agency or Government company as the Regional
Development Authority and empower it to exercise all the powers and
perform all the functions as specified in section 15.
9. The Headquarters of the Regional Development Authority shall be
at such place as the State Government may, by notification in the Official
Gazette, specify.
Headquarters
of Regional
Development
Authority.
10. The Regional Developmen t Authority shall consist of the
following members, namely:-
(i) the Chairperson, to be appointed by the State Government;
(ii) the Vice-Chairperson, to be appointed by the State Government;
(iii) two officials of the State Government, to be nominated by t he
State Government, ex-officio;
Appointment of
members in
Regional
Development
Authority.
6 The Gujarat Special Investment Region Act, 2009. [ 2009 : Guj. 2
(iv) an officer to be nominated by the Apex Authority;
1[(iv-a) such persons not exceeding four in number who are
members of the local authorities functioning in the Special Investment
Region, as may be nominated by the State Government;
(iv-b) the Presidents of the District Panchayats functioning in the
Special Investment Region;]
(v) a person having experience in administration, to be nominated
by the State Government;
(vi) two non-officials who possess experience in area development
and regional planning, to be nominated by the State Government;
(vii) two representatives from the industry and business sector, to
be nominated by the State Government;
(viii) a Member -Secretary who shall be an officer of the State
Government, to be appointed by the State Government. The Member -
Secretary shall be the Chief Executive Officer of the Regional
Development Authority, ex-officio.
Term of
office and
Conditions of
service of
the members.
11. (1) The term of office and conditions of service of the
Chairperson, Vice-Chairperson, the Chief Executive Officer and members
of the Regional Development Authority shall be such as may be
prescribed.
(2) The appointment, remuneration, allowances and conditions of
services of the officers and employees of the Regional Development
Authority shall be such as may be prescribed by regulations.
Meeting of
Regional
Development
Authority
and
transaction
of business.
12. The Regional Development Authority shall meet at such time and
at such place as the Chairperson may determine:
Provided that the procedure with regard to transaction of business at
its meetings including quorum at such meeting shall be such as may be
laid down by the Regional D evelopment Authority in consultation with
the Apex Authority.
Constitution
of
Committees.
13. The Regional Development Authority may constitute an
Executive Committee and such other committees consisting of such
number of its members for performance of i ts functions as may be
determined by it:
Provided that the core functions of the Regional Development
Authority such as preparation of the development plan, town planning
scheme and the General Development Regulations shall not be delegated
to any other committee of the Regional Development Authority.
1. These clauses were inserted by Guj. 11 of 2016, s.2.
2009 : Guj. 2 ] The Gujarat Special Investment Region Act, 2009. 7
14. No act or proceedings of the Regional Development Authority
and any of its committees shall be invalid or vitiated merely by reason of -
(a) a vacancy therein or any defect in the constitution thereof, or
(b) an irregularity in its procedure not affecting the merit of the
case.
Acts and
proceedings of
Regional
Development
Authority and
committees
presumed to be
valid.
CHAPTER V
POWERS AND FUNCTIONS OF REGIONAL DEVELOPMENT
AUTHORITY
15. (1) The Regional Development Authority shall secure planned
development of the Special Investment Region and shall take steps for its
effective regulation and efficient management so as to bring and enhance
general welfare, convenience, productivity and excellence.
Powers and
functions of
Regional
Development
Authority.
(2) Without prejudice to the generality of foregoing provisions, the
Regional Development Authority shall undertake the management and
planning of land resource and infrastructure of the Special Investment
Region.
(3) The Regional Development Authority shall, in particular,
exercise the following powers and perform the following functions,
namely:-
(i) to classify and earmark the area of t he Special Investment
Region for various purposes and usages including economic activities,
amenities and community services as it deems fit;
(ii) to prepare the development plan for whole or part of the area
of the Special Investment Region;
(iii) t o undertake preparation and execution of town planning
scheme for whole or part of the Special Investment Region;
I of 1894.
(iv) to regulate the development of the periphery area of the
Special Investment Region;
(v) to acquire, hold and manage moveable or immoveable
property as it may deem necessary subject to general or specific directions
of the State Government in this regard;
(vi) to acquire land in the Special Investment Region, by sale, lease,
grant, allocation, donation, town planning scheme, con sent agreement or
through proceedings under the Land Acquisition Act, 1894 for the purposes
of this Act;
(vii) to sale, lease, transfer or dispose off any land or building
belonging to it subject to the regulations made by the Apex Authority;
(viii) to carry out surveys in the Special Investment Region for
the preparation of development plans and town planning schemes;
(ix) to prepare, issue and implement the directions, the standards
and the norms for building structures, infrastructure development and
other construction activities in the Special Investment Region;
8 The Gujarat Special Investment Region Act, 2009. [ 2009 : Guj. 2
(x) to enter into contracts, agreements or concession agreement
with any person, entity, developer or organization as it may deem
necessary for performing its functions;
(xi) to execute, co -ordinate and supervise works in connection
with infrastructure or provision of other services and amenities i n the
Special Investment Region;
(xii) to provide for disaster management and mitigation in the
Special Investment Region;
(xiii) to levy and collect such fees, development charges, or user
charges as may be ascertained and fixed by the Apex Authority under
clause (vii) of sub-section (2) of section 6;
(xiv) to remove encroachments and constructions not duly
authorized or made in violat ion of the regulations, directions and norms
laid down by the Regional Development Authority;
(xv) to make arrangements for observance and promotion of
safety, order, health and environmental safeguards within the Special
Investment Region;
(xvi) to guide, assist and co -ordinate with other authorities
functioning in the Special Investment Region in matters pertaining to
planning and use of land and development of the Special Investment
Region;
(xvii) to control the development activities in accordance with
the development plan and to bring aesthetics, efficiency and economy in
the process of development;
(xviii) to ensure and make provision for sufficient civic amenities
and services including hospitals and medical services, schools, fire
services, public pa rks, markets and shopping places, play grounds,
entertainment areas and disposal of waste and provision of drainage;
(xix) to make sustainable arrangements for providing and
maintaining the highest standards in civic amenities and services
particularly for cleanliness, aesthetics, health and hygiene;
(xx) to make enquiry, inspection, examination or measurement of
any land and building in any part of the Special Investment Region;
(xxi) to exercise such other powers and discharge such other
functions as may be prescribed by rules or regulations.
(4) (a) Notwithstanding anything contained in the relevant State Acts,
rules or any existing instructions of the State Government, the Regional
Development Authority may fr ame its own General Development
Regulations and the same shall prevail for developments in the Special
Investment Region.
2009 : Guj. 2 ] The Gujarat Special Investment Region Act, 2009. 9
(b) Every person, unit or Developer or any other stakeholder in
Special Investment Region shall be required to get the plans of the
building approved by the Regional Developmen t Authority before
commencing any construction and shall obtain the approval of the
Regional Development Authority necessary and incidental thereto, after
the completion and before the use of such premises.
(c) For the purpose of this section and with any other requirement
for proper planning, management and development of the Special
Investment Region, the Regional Development Authority may issue such
direction or instruction as it may consider necess ary to any person, unit,
entity, Developer or any other stakeholder in the Special Investment
Region and the person, unit, entity, Developer or, as the case may be, the
stakeholder shall be bound by such directions.
16. (1) No person or entity shall erect or occupy any building or
structure in the Special In vestment Region in contravention of any
building norms made by the Regional Development Authority.
(2) Notwithstanding anything contained in any other Sta te law for
the time being in force, no person or entity shall erect or occupy any
building or structure within the Special Investment Region except with the
previous permission of the Regional Development Authority.
(3) A person desiring to undertake building operations or erection
or occupation of any building or structure in the Special Investment
Region referred to in sub -section (2) shall seek prior permission of the
Regional Development Authority.
(4) The Regional Development Authority may, after making such
inquiry as it deems necessary, grant the permission on such conditions as
it may deem fit or refuse to grant such permission.
(5) (a) Any person aggrieved by the decision of the Regional
Development Authority under sub -section (4) may, within fifteen days
(including public holidays) from the date of decision, may prefer an
appeal to the Disputes Resolution Forum set up under clause (2) of section
25.
(b) The Disputes Resolution Forum, after hearing the Regional
Development Authority and the aggrieved person and considering all
relevant facts, may accept or reject the appeal filed under sub -section (5)
or modify the decision taken by the Regional Development Authority.
(c) In case of rejection of appeal or modification of the
decision of Regional Development Authority under clause (b) above, the
aggrieved person may prefer second appeal to the Disputes Settlement
Mechanism set up under section 26 within fifteen days (including public
holidays) of the decision of the Disputes Resolution Forum.
No erection,
etc. by any
person or entity
without
permission of
Regional
Development
Authority.
10 The Gujarat Special Investment Region Act, 2009. [ 2009 : Guj. 2
(d) The Disputes Settlement Mechanism after hearing the
Regional Development Authority and the aggrieved person, may accept or
reject the appeal. The decision taken by the Disputes Settlement
Mechanism shall be final and binding to the parties.
(6) In case any person does anything contrary to the decision given
under sub-section (4) or (5), the Regional Development Authority shall
have power to pull down, demolish or remove any erection made contrary
to such decision and recover the cost of such pulling down, demolition or
removal from the person concerned.
Application
of President’s
Act No. 27 of
1976.
17. (1) The provisions of the Gujarat Town Planning and Urban
Development Act, 1976, shall mutatis mutandis, apply with respect to the
Development Plans and to the Town Pla nning Schemes made under this
Act.
President’s Act
No. 27 of 1976.
(2) The power exercisable by the State Government for
sanctioning of Development Plans and Town Planning Schemes under the
Gujarat Town Planning and Urban Development Act, 1976 shall be
exercisable by the Apex Authority.
President’s Act
No. 27 of 1976.
(3) The Regional Development Authority shall be “Appropriate
Authority” for the area comprising of Special Investment Region for the
purposes of Gujarat Town Planning and Urban Development Act, 1976 as
so applied to this Act.
President’s Act
No. 27 of 1976.
CHAPTER VI
PROCEDURE FOR SETTING UP OF UNITS AND AMENITIES IN
SPECIAL INVESTMENT REGION
Setting up of
units and
amenities in
Special
Investment
Region.
18. (1) The Apex Authority sha ll be the single point of contact for
starting an economic activity or setting up a unit, amenity or infrastructure
in the Special Investment Region.
(2) Any person who intends to start an economic activity or set up
a unit, amenity or infrastructure proje ct in the Special Investment Region
or who intends to undertake integrated development as per the provisions
of section 23, shall make a proposal in that regard to the Apex Authority
or the agency specified by it in such form containing such particulars, a nd
in such manner and along with such fees as may by regulation prescribed
by the Apex Authority.
(3) The Apex Authority, on receipt of a proposal made under sub-
section (2) shall examine the same and approve with or without
modification or disapprove the proposal. The Apex Authority shall
communicate its decision to the concerned person and the Regional
Development Authority as early as possible.
2009 : Guj. 2 ] The Gujarat Special Investment Region Act, 2009. 11
(4) The Regional Development Authority, on receipt of communication
of approval from the Apex Authority, shall offer the concerned part of the
land, premises, facilities or amenities to the concerned unit or person.
(5) The Apex Authority may offer the package, schemes or
incentives for an economic activity, amenity or infrastructure in the
Special Investment Regio n as per the existing policy or directions of the
State Government.
Guj. 11 of 2004.
Guj. 11 of 2004.
19. (1) Notwithstanding anything contained in this Act or the rules or
regulations made thereunder, units and amenities set up in a Special
Economic Zo ne and falling under the Special Investment Region shall
continue to be governed by and shall avail the benefits under the Gujarat
Special Economic Zone Act, 2004.
(2) The Developer of the Special Economic Zone shall take into
account the development plan prepared by the Regional Development
Authority while finalizing the infrastructure within and adjacent to the
Special Economic Zone and its peripheral area declared under clause (ii)
of section 2 of the Gujarat Special Economic Zone Act, 2004.
Units and
amenities of
Special
Economic Zone
in Special
Investment
Region to be
governed under
relevant Act.
CHAPTER VII
DEVELOPMENT AND EXECUTION OF INFRASTRUCTURE
PROJECTS
I of 1956.
20. (1) The State Government may set up or designate Government
agencies including companies formed under the Companies Act, 1956, as
the Project Development Agencies and assign them the powers and
functions relating to Project Development of a Special Investment Region
including those specified in sub-section (5).
Project
Development
Agencies.
(2) The State Government may form or designate a Nodal Company
out of the project development agencies and companies mentioned in sub -
section (1), to act as the project development agency for projects relating
to all the Special Investment Regions in the State.
(3) The Nodal Company shall carry out its functions under general
or specific directions of the Apex Authority and shall assist the Apex
Authority and the State Government in undertaking project related task.
(4) The Nodal Company shall act in close co -ordination with Apex
Authority and give all support and guidance to the Regional Development
Authorities and other agencies, Developers and entities involved in the
task of development of projects relating to the Special Investment
Regions.
12 The Gujarat Special Investment Region Act, 2009. [ 2009 : Guj. 2
(5) The functions of the Nodal Company may include the
following, namely:-
(i) conceiving and detailing of the Projects;
(ii) assessing the techno-commercial and economic feasibility;
(iii) financial structuring of projects;
(iv) environmental issues and Solutions;
(v) implementing the projects or awarding them to other
developers or entities;
(vi) global marketing of the Special Investment Regions, the
Projects in and connected with the Special Investment Regions;
(vii) raising finances from the market including financial and
multilateral institutions;
(viii) promoting and bringing in Private Sector Participation in
projects within or connected with the Special Investment Region;
(ix) entering into contracts and agreement with other entities
for any of the purposes assigned to it;
(x) taking or suggesting any other steps for effective
implementation, marketing and management of the projects connected
with the Special Investment Region.
(6) Any entity proposing to undertake the development of
infrastructure projects in the Special Investment Region or connected
thereto shall make the proposal in that regard to the Apex Authority.
Transfer of
assets to
Government
company for
infrastructure
development.
21. (1) The Regional Development Authority may transfer its assets
including the land granted by the State Government, its agencies or a local
Authority, as the case may be, to a Government company for development
of infrastructure and amenities in the Special Investment Region .
(2) Public assets including land and rights thereon shall be
transferred or conferred to a private entity for a project as per agreement
or, as the case may be, the concession agreement approved under clause
(vi) of sub-section (2) of section 6.
Award of
projects to a
Developer.
22. (1) The Regional Development Authority may enter into
agreement with a developer for carrying out any project or work in the
Special Investment Region:
Provided that, in case of infrastructure projects, the process of
selection of a d eveloper shall be such as stipulated in the Gujarat
Infrastructure Development Act, 1999. Guj. 11 of 1999.
2009 : Guj. 2 ] The Gujarat Special Investment Region Act, 2009. 13
(2) Without prejudice to the generality of the foregoing
provisions, the Regional Development Authority may enter into a joint
venture agreem ent with another Government company or another
developer or entity to form a special purpose entity for developing or
managing a particular project in the Special Investment Region with prior
approval of the Apex Authority.
23. A person or an entity, ha ving under his possession the minimum
contiguous area in the Special Investment Region as prescribed by the
Apex Authority from time to time and intending to undertake integrated
development of the said area with economic activity and amenities, may
apply to the Apex Authority as per the procedure laid down in section 18:
Integrated
development of
a large area in
Special
Investment
Region.
Provided that such development shall be subject to the development
plan, the General Development Regulations and such other conditions as
the Apex Authority may deem fit.
CHAPTER VIII
ALLOCATION OF PREMISES, EVICTION AND RECOVERY
OF DUES
24. (1) Subject to any general or specific directions of the State
Government or the Apex Authority, the Regional Development Aut hority
shall be the primary agency for allocating and handing over the premises,
land and amenities to the units, amenities and infrastructure projects being
set up in the Special Investment Region.
Allocation of
premises in
Special
Investment
Region.
(2) The Regional Development Authority shall offer the lands,
premises and amenities within the Special Investment Region to the
concerned unit or person on such terms and conditions and after levying
such charges as it deems fit or as directed by the Apex Authority.
(3) The Regional Development Authority shall make provisions
and take steps for recovery of dues, rent and charges from the occupants
of premises and amenities in the Special Investment Region.
(4) The pending dues, if any, on proposal and certification in this
regard by the Regional Development Authority, may be recovered or
collected as an arrear of land revenue.
(5) The Regional Development Authority in consultation with the
Apex Authority, may make provisions for eviction of the occupants from
any premises in the Special Investment Region for violation of any
guidelines issued under this Act or non -compliance of the provisions of
this Act.
14 The Gujarat Special Investment Region Act, 2009. [ 2009 : Guj. 2
CHAPTER IX
REDRESSAL OF GRIEVANCES AND SETTLEMENT OF
DISPUTES
Redressal of
Grievances
and Disputes
Resolution
Forum.
25. Without prejudice to the jurisdiction of any court of law, and to
the provisions of the Arbitration and Conciliation Act, 1996, an internal
Disputes Settlement Mechanism for the purposes of this Act shall be as
follows, namely:-
26 of 1996.
(1) The Regional Development Authority shall set up a
Grievances Redressal Committee comprising of such number of its
members and officers, as may be decided by it to redress the grievances
and resolve the disputes originating from any stak eholder in the Special
Investment Region.
(2) Any person aggrieved by the decision of Grievances
Redressal Committee may appeal to the Disputes Resolution Forum set
up by the Apex Authority comprising of such number of members and
officers as may be decided by it.
(3) For the purpose of deciding the disputes, the Grievances
Redressal Committee and the Disputes Resolution Forum shall frame the
guidelines including the time frame in this regard and follow the
principles of natural justice while dealing with the grievances.
Disputes
Settlement
Mechanism.
26. (1) The State Government may, by notification in the Official
Gazette, form a Disputes Settlement Mechanism consisting of such
number of members as may be specified by it, to deal with the disputes
against Regional Development Authority or those arising in any manner in
the Special Investment Region and brought before it or those which could
not be resolved or settled by the Grievances Redressal Committee and the
Disputes Resolution Forum.
(2) The quali fication, tenure of office and other terms and
conditions of the Chairperson and members of the Disputes Settlement
Mechanism shall be such as may be prescribed by rules.
(3) For the purpose of deciding the disputes, the Disputes
Settlement Mechanism shall frame the guidelines including the time
frame in this regard and follow the principles of natural justice while
dealing with the disputes.
(4) The order passed by the Disputes Settlement Mechanism shall
be final.
2009 : Guj. 2 ] The Gujarat Special Investment Region Act, 2009. 15
CHAPTER X
ADMINISTRATION AND DEVELOPMENT OF PERIPHERY OF
THE SPECIAL INVESTMENT REGION
27. (1) The State Government may, by notification in the Official
Gazette, declare such of the outer area not exceeding three kilometers on
either side adjoining to a Special Investment Region, to be the p eriphery
of the Special Investment Region as it deems fit.
Periphery of
Special
Investment
Region.
(2) On declaration of an area under sub -section (1) as periphery
of a Special Investment Region,-
(a) the Regional Development Authority of the Special
Investment Region shall be the Regional Development Authority for the
periphery of the Special Investment Region; and
(b) the powers and functions of the Regional Development
Authority and the Apex Authority shall extend to the periphery of the
Special Investment Region.
(3) In order to regulate the developments in the periphery area,
the Regional Development Authority may prepare separate land use plan
and development plan for the periphery area in accordance with the
provisions of this Act.
CHAPTER XI
CONTROL, REGULATION AND DEVELOPMENT IN SPECIAL
INVESTMENT REGION
28. (1) The State Government may, by notification in the Official
Gazette, declare the whole or any part of the Special Investment Region to
be controlled area for the purposes of this Act.
Control,
regulation and
development.
(2) No land within the controlled area shall, except with the
permission of the Regional Development Authority, be used for purposes
other than those for which it was used on the date of notification under
sub-section (1).
(3) No local authority or the State Government agency shall grant
any permission for any development work or sanction any project
including those referred to in sub-section (2) unless the Regional
Development Authority has given specific approval for the same.
(4) No person shall erect any building or make or extend any
excavation, or lay out any means of access to a road, in the controlled
area, save with the previous permission of the Regional Development
Authority and in accordance with the development plan and guidelines
formulated by the Regional Development Authority.
16 The Gujarat Special Investment Region Act, 2009. [ 2009 : Guj. 2
(5) Any person desiring to obtain the permission referred to in
sub-section (4) shall make an application in writing to the Regional
Development Authority in such form and containing such information as
may be specified by the Regional Development Authority.
(6) The Regional Development Authority may, after making due
enquiry, grant such permission subject to such conditions as it deems fit
or may refuse to grant the same.
(7) Any person aggrieved by the decision of the Regional
Development Authority under sub -section (6) may, within thirty days
from the date of the decision of the Regional Development Authority,
prefer an appeal against such decision to the Disputes Resoluti on Forum
of the Apex Authority.
(8) No person shall be entitled to claim compensation for any
injury, loss or damage caused or alleged to have been caused by the
control on the developments under this Act.
(9) The Regional Development Authority may order a ny person
who has committed a breach of the provisions of this section to stop or to
restore to its original state or to bring into conformity with the conditions
imposed, as the case may be, within the stipulated time period, any
building or land in respect of which a contravention has been committed.
(10) If such person fails to do so as directed under sub -section (9),
the Regional Development Authority may itself take measures to give
effect to the order and the cost of such measures shall be recovered f rom
such person as an arrear of land revenue.
(11) Nothing in this section shall apply to -
(a) any building for the purposes of residence or buildings
subservient to agriculture in the village site area (gamtal) of a village
Panchayat, Municipal area and Municipal Corporation area;
(b) the erection of a building or a wall enclosing a crematorium,
graveyard, place of worship, or Samadhi on land which is, at the time of
the notification under the sub-section (1), was traditionally occupied by or
was used for the said purposes;
(c) normal excavations (including wells) made in the ordinary
course of agriculture;
(d) the construction of an unmetalled road intended to give
access to land solely for agricultural purposes;
(e) construction or extension in an agric ultural land, of a
dwelling house for personal use or for storage of agricultural assets of the
owner, as per permissible norms prescribed by the State Government
from time Excerpt shown. Open the full act in Lexace.