LexThe rajasthan special economic zones act, 2015
Rajasthan · state statute
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LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, January 11, 2016
No. F.2. (40) Vidhi/2/2014.- In pursuance of Clause (3) of
Article 348 of the Constitution of India, the Governor is pleased to
authorise the publication in the Rajasthan Gazette of the following
translation in the English Language of Rajasthan Vishesh Aarthik
Zone Adhiniyam, 2015 (2016 Ka Adhiniyam Sankhyank 1):-
(Authorised English Translation)
THE RAJASTHAN SPECIAL ECONOMIC ZONES ACT, 2015
(Act No. 1 of 2016)
(Received the assent of the President on the 31st day of December, 2015)
An
Act
to provide for the establishment, maintenance, management and administration
of Special Economic Zones in the State to promote and assist the rapid and
orderly establishment, growth and development of enterprises and to attract
investment in such Spe cial Economic Zones; and to provide for the matters
connected therewith or incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Sixty-sixth Year of
the Republic of India, as follows:-
1. Short title, extent and commencement. - (1) This Act may be called
the Rajasthan Special Economic Zones Act, 2015.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on and from such date as the State
Government may, by notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "access infrastructure" means the infrastructure in the form of
connecting road, power supply line and water supply pipe line upto
the SEZ.
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(b) "Approval Committee" means the Appr oval Committee constituted
under section 13 of the Central SEZ Act;
(c) "Board of Approval" means the Board of Approval constituted under
sub-section (1) of section 8 of the Central SEZ Act;
(d) "Central Government" means the Government of India;
(e) "Central SEZ Act" means the Special Economic Zones Act, 2005
(Central Act No. 28 of 2005);
(f) "Central SEZ Rules" means the Special Economic Zones Rules, 2006
made by the Central Government under the provisions of the Central
SEZ Act;
(g) "Co-Developer" means a person who, or a State Government which,
has been granted by the Central Government a letter of approval as
Co-Developer under the provisions of the Central SEZ Act;
(h) "Developer" means a person who, or a State Government which, has
been granted by the Central Government a letter of approval under
the provisions of the Central SEZ Act and includes a Co-Developer;
(i) "Development Commissioner'' means the Development Commissioner
appointed by the Central Government for one or more SEZs under
the provisions of the Central SEZ Act;
(j) "Domestic Tariff Area", for the purposes of this Act, means the whole
of India but does not include the areas of the Special Economic
Zone;
(k) "I nfrastructure Facilities" means industrial, commercial or social
infrastructure or other facilities necessary for the development of a
SEZ or the infrastructure facilities which may be prescribed by the
Central Government under the Central SEZ Act or such other
facilities as may be prescribed;
(l) "Prescribed" means prescribed by the rules made under this Act;
(m) "Processing area" means the area within the Zone approved by the
Central Government or any authority specified by it under the
provisions of Central SEZ Act;
(n) "Person" includes an individual, whether res ident in India or outside
India, a Hindu undivided family, a co -operative society, a company,
whether incorporated in India or outside India, a firm, proprietary
concern, or an association of persons or body of individuals, whether
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incorporated or not, local authority and any agency, office or branch
owned or controlled by such individual, Hindu undivided family, co-
operative, association, body, authority or company;
(o) "Rajasthan State Industrial Development and Investment Corporation
Limited" means the Rajasthan State Industrial Development and
Investment Corporation Limited, a company registered under the
Companies Act, 1956 (Central Act No. 1 of 1956);
(p) "rules" means the rules made under this Act;
(q) "schedule" means the Schedule of this Act;
(r) "SEZ Development Committee" means the Special Economic Zone
Development Committee constituted under section 5;
(s) "Special Economic Zone" or "SEZ" or "Zone" means each Special
Economic Zone (including Free Trade and Warehousing Zone)
notified under the provisions of the Central SEZ Act and includes an
existing Special Economic Zone;
(t) "State Approval Committee" means the State Approval Committee
constituted under section 4;
(u) "State Government" means the Government of the State of Rajasthan;
(v) "transferee" means a person to whom any land or building in the
Zone is transferred in any manner whatsoever, under this Act and
includes his successors and assignees;
(w) "Unit" means a Unit set up by an entrepreneur in a Special Economic
Zone and includes an existing Unit, an Offshore Banking Unit and a
Unit in an International Financial Services Centre, whether
established before or established after the commencement of this
Act; and
(x) all other words and expressions used and not defined in thi s Act but
defined in the Central SEZ Act and Central SEZ Rules shall have the
meanings respectively assigned to them in the said Act and rules.
3. Establishment of Special Economic Zone. - (1) Any person, who
intends to set up a Special Economic Zone , may, after identifying the area,
make a proposal to the Department of Industries, Government of Rajasthan in
such form and containing such particulars and accompanied by such documents
and fees as may be prescribed.
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(2) The State Government shall refer th e proposal received under sub -
section (1) to the Rajasthan State Industrial Development and Investment
Corporation Limited for the scrutiny of the proposal.
(3) The Rajasthan State Industrial Development and Investment
Corporation Limited shall, after scru tinizing the proposal in the prescribed
manner, submit the proposal along with its report to the State Approval
Committee.
(4) The State Approval Committee shall, after considering the proposal
and the report of the Rajasthan State Industrial Development a nd Investment
Corporation Limited, recommend to the State Government either to reject the
proposal for the reasons to be recorded in writing or to recommend the same
with such modifications as it may suggest or without modifications , to the
Board of Approval.
(5) The State Government shall, on the basis of the recommendations of
the State Approval Committee, either reject the proposal or forward the same to
the Board of Approval.
4. Constitution of State Approval Committee. - (1) The State
Government shall, by notification in the Official Gazette , constitute for the
purposes of this Act, a Committee, to be called the State Approval Committee.
(2) The State Approval Committee shall consist of the following
members, namely:-
(a) Chief Secretary to the State Government Chairperson;
(b) Secretary to the Government -in- charge
of Finance Department
Member;
(c) Secretary to the Government - in -charge
of Industries Department
Member;
(d) Secretary to the Government - in -charge
of Urban Development Department
Member;
(e) Secretary to the Government -in -charge
of Revenue Department
Member;
(f) Secretary to the Government - in- charge
of Public Health and Engineering
Department
Member;
(g) Secretary to the Government - in- charge
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of Public Works Department Member;
(h) Secretary to the Government - in- charge
of Power Department
Member;
(i) Secretary to the Government -in -charge
of Forest Department
Member;
(j) Commissioner, Investment and Non
Resident Indians
Member;
(k) Secretary to the Government -in -charge
of Labour Department
Member;
(l) Secretary to the Government -in -charge
of Water Resources Department
Member;
(m) Secretary to the Government -in -charge
of Environment Department
Member;
(n) Chief Town Planner, Rajasthan Member;
(o) Such other persons or officers not
exceeding five as may be nominated
from time to time by the Chairperson
having regard to the matter before the
State Approval Committee
Members; and
(p) Managing Director, Rajasthan State
Industrial Development and Investment
Corporation Limited
Member-
Secretary.
Explanation.- For the purpose of this sub -section, expression "Secretary
to the Government incharge" means the Secretary to the Government -in-
charge of the Depar tment and includes an Additional Chief Secretary and
Principal Secretary when he is in charge of a department.
(3) In addition to the powers and functions specified in this Act, the
committee shall exercise such other powers and discharge such other functions
as may be prescribed.
5. Constitution of SEZ Development Committee. - (1) The State
Government shall, as soon as may be, constitute a Special Economic Zone
Development Committee for planned development, implementation and
operation of SEZs in the State.
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(2) The composition of the SEZ Development Committee and the
procedure to be followed by the SEZ Development Committee while
transacting its business shall be such as may be prescribed.
(3) The SEZ Development Committee shall exercise such powers and
discharge such functions as may be prescribed.
6. Powers and functions of the Development Commissioner - (1) The
Development Commissioner shall supervise, oversee and coordinate the
activities of agencies engaged in the development of the zone and may, in
addition to his powers under Central SEZ Act, exercise such other powers and
functions as may from time to time be vested in him by the State Government
under this Act or any other law for the time being in force.
(2) Notwithstanding anything containe d in any Rajasthan Law, the
master plan of the Special Economic Zone and maps of any buildings or
erections in the Special Economic Zone or any modifications and alterations in
such maps shall be approved and sanctioned by the Development
Commissioner.
7. Exemption from Land Ceiling .-The provisions of the Rajasthan
Imposition of Ceiling on Agriculture Holdings Act, 1973 (Act No. 11 of 1973)
shall not apply in respect of any land acquired by the Developer for the purpose
of setting up a Special Economic Z one after in -principle approval has been
granted to him under rule 6 of the Central SEZ rules.
8. Arrangement of land .- (1) The State Government may transfer land
owned or controlled by it to the Developer or acquire land, if so required, in
accordance with the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(Central Act No. 30 of 2013) and the rules made thereunder.
(2) The Develop er may himself acquire land from any person by
purchase, lease or allotment.
9. Conversion of land for SEZ purpose. - On and from the date of grant
of formal approval under rule 6 of Central SEZ Rules, the land within the area
of SEZ proposed by the Develop er shall be deemed to have been converted for
the SEZ purpose.
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10. Infrastructure support .- (1) The State Government may provide
access infrastructure upto SEZ, either on its own or under a concession granted
by the State Government.
(2) The State Governm ent may provide such other infrastructure upto
SEZ in the State as it may consider appropriate having regard to the specific
requirements of a particular SEZ.
11. Infrastructure facilities in SEZ. - (1) The Developer may plan,
develop, construct, install, operate, manage and maintain all or any of the
following infrastructure facilities in the Zone, with the approval of the Board of
Approval, namely:-
(a) Power generation and Electricity distribution network;
(b) Water treatment, transmission and distribution;
(c) Waste water treatment and solid waste management;
(d) Sewage treatment plant;
(e) Common effluent treatment plant;
(f) Sewage lines;
(g) Roads and subways;
(h) Drainage systems;
(i) Gas distribution network;
(j) Communication and data network transmission;
(k) Civic services including fire fighting;
(l) Water harvesting structures and water conserving
technology;
(m) Use of alternative energy like solar heating and geothermal
cooling;
(n) Disaster management outfit according to a plan; and
(o) Any other infrastructure facilities and services as may be
prescribed.
(2) Notwithstanding anything contained in sub-section (1), the Developer
shall be bound to plan, develop, construct, install, operate, manage and maintain
any of the infrastructure facilities specified in, or prescribed under, that sub -
section, whenever so required by the State Government and approval is granted
for the same by the Board of Approval.
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12. Exemption from State taxes, duties, cess and other levies.- The
State Government may, upon recommendation of the State Approval
Committee, by a general or special order, exempt any Developer, Co-Developer
or a Unit located in a Special Economic Zone from such taxes, duties, c ess and
other levies to such extent as may be specified in such order in respect of all
transactions within the Special Economic Zone and in respect of supply of
goods and provision of services from the domestic tariff area to the Special
Economic Zone.
13. Delegation of powers of Labour Commissioner to Development
Commissioner.- (1) Notwithstanding anything contained in the Act, specified
in the Schedule -I, the power, duties and functions conferred on the
Commissioner of Labour, Rajasthan under those Acts, in respect of the area of
Special Economic Zone, shall be exercised by the Development Commissioner:
Provided that Development Commissioner shall be assisted by the
concerned staff of the Labour Department, Rajasthan while exercising these
powers, duties and functions.
(2) The State Government may, as and when considered necessary, by
notification in the Official Gazette, amend the Schedule -I and thereupon the
Schedule-I shall be deemed to have been amended accordingly:
Provided that when the Schedule-I is to be amended by adding an Act
made by Parliament, such amendment shall be made with the prior approval of
the Government of India.
14. Consolidated return under various laws. - (1) Notwithstanding
anything contained in the Acts specified in the Schedule-II, the returns required
to be prescribed by the State Government under those Acts and rules made
thereunder, shall be furnished to the Development Commissioner annually in
such consolidated form as may be prescribed.
(2) The State Governm ent may, as and when considered necessary, by
notification in the Official Gazette, amend the Schedule -II and thereupon the
Schedule-II shall be deemed to have been amended accordingly:
Provided that when the Schedule -II is to be amended by adding an Act
made by Parliament, such amendment shall be made with the prior approval of
the Government of India.
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15. Declaration of the Zone to be industrial township.- (1) The
Governor may specify the zone to be an industrial township in accordance with
the provisions of Article 243 Q of the Constitution of India.
(2) The Special Economic Zone shall cease to be under the jurisdiction
of, a municipality constituted under the Rajasthan Municipalities Act, 2009
(Act No. 18 of 2009) or, as the case may be, a Panchayati Raj Institution
constituted under the Rajasthan Panchayati Raj Act, 1994 (Act No . 13 of 1994)
with effect from the date of the issuance of a notification under sub-section (1).
16. Representation in the Board of Approval and the Approval
Committee- (1) The Secretary in charge of the Industries Department,
Government of Rajasthan shall be the ex-officio nominee of the State in the
Board of Approval.
(2) The Member-Secretary of the SEZ Development Committee shall be
the ex- officio nominee of the State in the Approval Committee.
17. Act to override other laws .- The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other
Rajasthan Law for the time being in force or in any instrument having effect by
virtue of any Rajasthan Law other than this Act.
18. Protection of action taken in goo d faith .- No suit or legal
proceedings shall lie against the Chairperson or other members of the State
Approval Committee or SEZ Development Committee or any employee of the
Government or Rajasthan State Industrial Development and Investment
Corporation Limited acting under the direction of such committee in respect of
anything which, in good faith, is done or intended to be done under this Act or
any rules made thereunder.
19. Members and employees to be public servants - Every member of
the State Approval Committee, SEZ Development Committee, and the
Development Commissioner shall, when acting or purporting to act in
pursuance of the provisions of this Act or the rules made thereunder, be deemed
to be the public servant within the meaning of section 21 of the Indian Penal
Code, 1860 (Central Act No. 45 of 1860).
20. Power to make rules .- (1) The State Government may, by
notification in the Official Gazette, make rules generally for carrying out the
purposes of this Act.
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(2) All rules made under this sectio n shall be laid, as soon as may be,
after they are so made, before the House of the State Legislature, while it is in
session, for a period of not less than fourteen days which may be comprised in
one session or in two successive sessions and, if before the expiry of the session
in which they are so laid or of the session immediately following, the House of
the State Legislature makes any modification in any of such rules or resolves
that any such rules should not be made, such rules shall thereafter have e ffect
only in such modified form or be of no effect, as the case may be, so however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done thereunder.
21. Power to remove difficulty .- (1) If any diff iculty arises in giving
effect to the provisions of this Act, the State Government may, by an order
published in the Official Gazette, do anything not inconsistent with the
provisions of this Act, which appears to it to be necessary or expedient for
removing the difficulty:
Provided that no order under this section shall be made after the expiry
of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be,
after it is so made, before the House of the State Legislature.
22. Repeal.-The Rajasthan Special Economic Zone Development Act,
2003 (Act No. 21 of 2003) is hereby repealed and the provisions of Rajasthan
General Clauses Act, 1955 (Act No. 8 of 1955) shall apply to such repeal.
23. Saving.- Nothing in this Act shall be construed to derogate the
provisions of the Central SEZ Act and the Central SEZ Rules and in case of any
inconsistency between the provisions of this Act and the Central SEZ Act or the
Central SEZ Rules, the provisions of the Central SEZ Act or, as the case may
be, the Central SEZ Rules shall prevail to the extent of inconsistency.
24. Amendment of Central Act No. 14 of 1947. - In the Industrial
Disputes Act, 1947 (Central Act No. 14 of 1947), in its application to the S tate
of Rajasthan, after the existing sub -clause (v) and before sub -clause (vi) of
clause (n) of section 2, the following new sub-clause shall be inserted, namely:-
"(va) Any industry in the Special Economic Zone; and".
SCHEDULE-I
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(See section 13)
1. Industrial Disputes Act, 1947 (Central Act No. 14 of 1947)
2. Minimum Wages Act, 1948 (Central Act No. 11 of 1948)
3. Payment of Bonus Act, 1965 (Central Act No. 21 of 1965)
4. Payment of Gratuity Act, 1972 (Central Act No. 39 of 1972)
5. Payment of Wages Act, 1936 (Central Act No. 4 of 1936)
6. Workmen's Compensation Act, 1923 (Central Act No. 8 of 1923)
7. Inter-State Migrant Workmen (Regulation and Employment and Conditions
of Service) Act, 1979 (Central Act No. 30 of 1979)
8. Child Labour (Prohibition and Regulation) Act, 1986 (Central Act No.61 of
1986)
9. Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Central
Act No. 32 of 1966)
10. Building and Other Construction Workers' (Regulation of Employment
and Conditions of Service ) Act, 1996 (Central Act No. 27 of 1996)
SCHEDULE-II
(See section 14)
6. Beedi and Cigar Workers (Conditions of Employment) Act, 1966(Central
Act No. 32 of 1966)
2. Contract Labour (Regulation and Abolition) Act, 1970 (Central Act No. 38
of 1970)
3. Payment of Wages Act, 1936(Central Act No. 4 of 1970)
4. Motor Transport Workers Act, 1961(Central Act No. 27 of 1961)
5. Trade Unions Act, 1926(Central Act No.16 of 1926)
6. Inter-State Migrant Workmen (Regulation and Employment and Conditions
of Service) Act, 1979(Central Act No. 3 of 1979)
(nhid ekgs’ojh)
Principal Secretary to the Government