LexThe West Bengal Special Economic Zone Act, 2003
West Bengal · state statute
Open in Lexace · Ask the AI about this actRothata coettt
rzylriNiki
Extraordinary
Published by Authority
No. WB/CPS/Raj-26 (Part I1.14/2003 Regd. No. WB/SC-247
PAUSA 10]
WEDNESDAY, DECEMBER 31, 2003 [SAKA 1925
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NO'I'IUCATION
No. 2195-L.--31st December, 2003.—The following Act of the West Bengal Legislature, having been assented to by
the Governor is hereby published for general information :—
West Bengal Act VOW of 2003
THE WEST BENGAL SPECIAL ECONOMIC ZONE ACT, 2003.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 31st December, 2003.]
An Act to facilitate the development, operation, maintenance,
management, administration and regulation of Special Economic Zone in
the State of West Bengal so as to accelerate economic reforms and to
promote the rapid and orderly growth, development and operation of
industries in such Special Economic Zone, and to provide for the matters
connected therewith or incidental thereto.
Whereas it is expedient to facilitate the development, operation,
maintenance, management, administration and regulation of Special Economic
Zone in the State of West Bengal so as to accelerate economic reforms and to
promote the rapid and orderly growth, development and dperation of industries
in such Special Economic Zone, and to provide for the matters connected
therewith or incidental thereto;
It is hereby enacted in the Fifty-fourth Year ofthe Republic of India, by
the Legislature of West Bengal, as follows:-
51
521
THE KOLKATA GAZETTE, EXTRAORDINARY. DECEMBER 31, 2003 [ PART Ill
. The West Bengal Special Economic Zone Act, 2003.
(Chapter 1.—Prelitninary.--Sections 1, 2.)
CHAPTER
Prelitninary
Short title and
commencement.
1. (1) This Act may be called the West Bengal Special Economic
Zone Act, 2003.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date or dates and in such area or
areas as the State Government may, by notification in the Official Gazette, appoint
and different dates may be appointed for different provisions of this Act for different
areas.
Definitions. 2. In this Act, unless the context otherwise requires, —
(a) "amenities" means all the basic and essential services including
road, water supply, power supply, sewerage, street lighting,
drainage, public health and sanitation, education, transport, fire
fighting service, public parks, residential services, clubs, markets,
shops and outlets and collection, treatment and disposal of
industrial and municipal wastes, and also includes such other
facilities or services as the State Government may, bynotification,
specify to be an amenity for the purpose of this Act;
(b) "authority" means the Special Economic Zone Development
Authority constituted for a Special Economic Zone under
section 9;
(c) "Central Government" means the Government of India;
(d) "Developer" means a person selected by the State Government
in the manner specified in section 7;
(e) "Development Commissioner" means an officer appointed as
the Development Commissioner by the Central Government
and vested with such powers, and assigned with such functions,
as mentioned in section 4;
(f) "domestic tariff area", for the purposes of this Act, means the
geographical area of the Union of India excluding the area of a
Special Economic Zone;
(g) 'infrastructure includes industrial, cominercial or social
infrastructure for the development of a Special Economic Zone;
(h) "notification" means a notification published in the Official
Gazette;
(i) "prescribed" means prescribed by the rules made under this
Act;
(j) "regulations" means regulations made under this Act;
(k) "Schedule" means Schedule appended to this Act;
(1) "Special Economic Zone" means a specifically delineated duty-
free enclave, as if it were a foreign territory for the purposes of
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31, 2003 J53
The West Bengal- Special Economic Zone Act,, 2003.
(Chapter II.— Identification of Special' Economic Zone.—Section 3.--Chapter
Powers and functions of the Development Commissioner—Section 4)
trade operations, duties and tariffs, having been declared
and notified in the Official Gazette as a Special Economic
Zone by the Central Government;
(m) "State Governmenf 'means the Government of West Bengal;
(n) "unit" means an enterprise or part thereof, which occupies
space within the Special Economic Zone for carrying on
business as approved by the Development Commissioner.
CHAPTER II
Identification of Special Economic. Zone
Identification of
Special Economic
Zone.
3. (1) The State Government may identify any area or areas to be a
Special Economic Zone and may invite or accept proposals for the development
of such area or areas as Special Economic Zone, in such manner as may be
prescribed.
(2) The proposal for establishing a Special Economic Zone shall be
forwarded by the State Government to the Central Go'emment for its approval.
(3) Without prejudice to the provisions of sub-section (1) and sub-
section (2), any area or areas identified as a Special Economic Zone prior to
the coming into force of this Act, shall be deemed to have been duly identified
as a Special Economic Zone under this section.
Powers and
functions of
Development
Commissioner.
CHAPTER III
Powers and functions of the Development Commissioner
4. (1) Subject to the provisions of this Act and the rules made
thereunder, the Development Commissioner shall be vested with the power to
supervise, oversee and co-ordinate the activities of the Developer'and units in
a Special Economic Zone and to exercise such powers, and to discharge such
functions, as are conferred on him by or under this Act or the rules framed
thereunder, in respect of such Special Economic Zone.
(2) Notwithstanding anything to the contrary contained in any other
law for the time being in force, the Development Commissioner shall be
empowered —
(a) to act as a single agency to grant or issue, in such manner as
may be prescribed, approval, clearance, consent, permission,
licence and other authorisations, required for establishment
and operation of any unit in a Special Economic Zone;
(b) to act as a conciliation officer for mediating in, and prom9ting
the settlement of, an industrial dispute under the Industrial
Disputes Act, 1947;
14 of 1947.
(c) to administer labour laws, for the time being in force, in such
54] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31, 2003 PART' III
The West Bengal Special Economic Zone Act, 2003.
(Chapter 111..:— Powers and functions of the Development Commissioner—Section 5.)
manner as may be prescribed, under the supervision of the State
Government in the Department of Labour;
(3) In particular and without prejudice to the generality of the foregoing
provisions, the Development Commissioner shall exercise the following functions:—
Nomination of
officers to
assist Devel-
opment
Commissioner.
(a) to supervise and monitor compliance of the terms and conditions of
approval, clearance, consent, permission, licence and any other
authorisation granted or issued by him;
(b) to call any information required to supervise and monitor the terms
and conditions of approval, clearance, consent, permission, licence
and any other authorisation granted or issued by him;
(c) to take appropriate action for non-compliance of any of the terms
and conditions of approval, clearance, consent, permission, licence
and any other authorisation granted or issued by him;
(d) to recommend and certify an unit for the purpose of availing it of
benefit under the Export-import Policy declared from time to time
by the Central Government;
(e) to perform such other functions as the State Government may, by
notification, prescribe.
5. (1) The State Government may, by notification, nominate such officers, as
it may think fit, to assist the Development Commissioner for effectively carrying out
the powers and functions conferred on him by or under this Act.
• (2) The officers to be nominated under sub-section (1), shall be the officers
from amongst the following departments of the State Government, namely: —
Finance Department;
Department of Commerce and Industries;
Department of Labour;
Department ofMunicipal Affairs;
Department of Cottage and Small-Scale Industries;
Department ofHousing;
Department of Power;
Department of Environment;
Department of Urban Development.
Explanation .— For the purpose of this sub-section, the expression
"departments" shall include directorates, if any, under such departments.
(3) The State Government may, by notification, nominate such officers from
departments other than those specified in sub-section (2), as it may think fit, for the
purpose of assisting the Development Commissioner.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31, 2003 _155
The West Bengal Special Economic Zone Act, 2003.
Delegation of
powers.
Selection of
Developer.
Powers and
functions of
Developer.
(Chapter ILL— Powers and functions of the Development Commissioner—Section 6.—
Chapter IK—Developer—Sections 7,8.)
6. The State Government may, by notification , direct that any function or
power which the State Government may perform, exercise or discharge under. this
Act, shall subject to such conditions, if any, as maybe specified in the notification,
be performed, exercised or discharged by the Development Commissioner, and
where any such power is delegated he shall perform, exercise or discharge such
powers in the same manner and to the same extent as if they were conferred on
him directly by this Act and not by way of delegation.
CHAPTER IV
Developer
7. (1) The State Government shall select the Developer, in such manner
and subject to such conditions as may be prescribed, for the purpose ofdevelopment
of the area or areas, identified as a Special Economic Zone.
(2) Without prejudice to the foregoing provisions of sub-section (1),
any Developer selected prior to coming into force of this Act, shall be deemed to
have been validly selected under this Act.
8. (1) Subject to the prdvisions of this Act and the rules framed
thereunder, the Developer shall secure planned development ofa Special Economic
Zone and provide infrastructure and amenities for the establishment, operation,
maintenance and management of a Special Economic Zone.
(2) Subject to the provisions to this Act, the Developer shall have the
power —
(a) to allocate and transfer, subject to his own title, either by way of
lease or sale or otherwise, plots ofland, buildings or installations
for industrial, commercial, residential or other purposes;
(b) to purchase land or to acquire legal right and title independently,
in respect ofland which is proposed to be developed as a Special
Economic Zone;
(c) to levy service charges for providing the infrastructure or
amenities to the units in a Special Economic Zone after obtaining-
approval ofthe authority;
(d) to authorise any person for the purpose of providing services
or for collection of charges within a Special Economic Zone.
(3) Without prejudice to the generality of the foregoing provisions of
sub-sections (1) and (2), the Developer shall perform the following functions:—
(a) to prepare a plan for the development of a Special Economic
Zone, in conformity with the regulations made by the authority
or after obtaining the approval from the State Government;
(b) to demarcate and develop sites for industrial, commercial,
residential and other purposes according to the plan;
(c) to develop, construct, install, operate, manage and maintain
infrastructure and amenities for implementation of such plan;
5 6] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31, 2003 1 PART lil
The West Bengal Special Economic Zone Act, 2003.
(Chapter V.— Special Economic Zone Development Authority.—Sections 9-11.)
(d) to demarcate the boundaries of a Special Economic Zone or
any part thereof;
(e) to perform such other functions as may be prescribed.
CHAPTER V
Special Economic Zone Development Authority
9. (1) The State Government may, by notification, constitute a Special
Economic Zone Development Authority for every Special Economic Zone, as it
may deem fit and proper, to exercise the powers conferred on, and the functions
assigned to it under this Act and the rules framed thereunder.
(2) The authority shall be a body corporate by the name notified under
sub-section (1), having perpetual succession and a common seal and by the said
name, may sue and be sued.
10. (1) Every authority shall consist of the following members, namely:—
(a) Development Commissioner of the Special Economic Zone;
(b) two members to be nominated by the Developer of concerned
Special Economic Zone;
(c) one member to be nominated by the unit or units within such
Special Economic Zone;
(d) two members to be nominated by the State Government.
(2) The Development Commissioner ofthe Special Economic Zone shall
be the Chairperson of the authority.
(3) The term of office of, and the manner of filling casual vacancies among,
the members of the authority shall be such as may be prescribed.
11. A person shall be disqualified for being appointed as a member of the
authority, ifhe—
(a) has been convicted and sentenced to imprisonment for an offence
which in the opinion of the State Government involves moral
turpitude; or
(b) is an undischarged insolvent; or
(c) is ofunsound mind and stands so declared by a competent court;or
(d) has been removed or dismissed from the service of the Central
Government or the State Government or a body corporate owned
or controlled by the Central Government or the State Government,
as the case may be; or
(e) has in the opinion of the State Government such financial or other
interest in the authority as is likely to affect, prejudicially, the
discharge of his functions as a member.
Constitution of
Special Economic
Zone Develop-
ment Authority.
Members of
authority.
Disqualifications.
THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31, 2003 PART III]
The West Bengal Special Economic Zone Act, 2003.
(Chapter V.— Special Economic Zone Development Authority.—Sections 12-16.)
Removal of
member. who—
12. The State Government may remove any member of the authority
Validity of acts
and proceedings.
Meetings of
authority.
Officers and
employees of
authority.
Powers and
functions of
authority.
(a) without excuse, sufficient in the opinion ofthe State Government,
is absent more than four consecutive meetings ofthe authority,
(b) has, in the opinion ofthe State Government, so abused his position
as a member as to render his continuance on the authority
detrimental to the interests of the authority.
13. No act or proceeding of the authority shall be invalid by reason only of
the existence of any vacancy amongst its members or any defect in the constitution
thereof.
14. (1) The authority shall meet at least once in a month at such time and
place, and shall observe such rules ofprocedure in regard to transaction ofbusiness
at its meetings, as may be provided by regulations.
(2) The quorum necessary at any such meetings, of the authority shall be
three.
(3) All questions at a meeting ofthe authority shall be decided by a majority
of votes of the members present and voting and in the case of equality of votes, the
Chairperson or in his absence, any other person presiding shall have a second or
casting vote.
15. (1) The authority may appoint such officers and employees, as it may
consider necessary for the efficient performance of functions by such authority.
(2) The salaries and allowances payable to, and the other terms and
conditions of service of,' such officers and employees shall be such as may be
determined by regulations.
16. (1) It shall be the duty of an authority to secure the development and
management of a Special Economic Zone in accordance with the guidelines issued
by the Central Government or the State Government, as the case maybe, from
time to time.
(2) Notwithstanding anything to the contrary contained in any other law
for the time being in force, the authority shall have the power —
(a) to levy tax or charge fees or service charges for the amenities or
infrastructure provided by it;
(b) to authorise any person to collect tax, fees or service charges, to
the extent such amenities or infrastructure are not provided by
the Developer;
(c) to authorise the Developer to collect service charges, to the
extent such amenities or infrastructure are provided by the
Developer;
(d) to purchase by agreement, or to take on lease or under any form
of tenancy, any land and to erect thereon such buildings as may
be necessary for the purpose of carrying on its undertakings;
(e) to enter into or perform such contracts as may be necessary for
the discharge of its functions and the exercise of its powers under
this Act;
THE KOLKATA GAZE! I h, EXTRAORDINARY, DECEMBER 3 I , 2003 [ PART III
The West Bengal Special Economic Zone Act, 2003.
(Chapter V— Special Economic Zone Development Authority.—Sections 17-22.)
(f) to provide facilities for consignment, storage and delivery of
goods;
(g) to do all other things, with prior approval ofthe State Government,
with a view to facilitating the business and the functions of the
authority.
(3) In particular and without prejudice to the generality of the foregoing
provisions of sub-sections (1) and (2), the authority shall perform the following
functions: —
(a) to ensure co-ordination with other departments and agencies for
smooth implementation of the projects or units within a Special
Economic Zone;
(b) to discharge the functions of a Municipality under the West
Bengal Municipal Act, 1993, and the rules or regulations made
thereunder;
(c) to resolve disputes of administrative nature between the units
and the agencies providing services within the territorial
jurisdiction ofthe authority;
(d) to discharge other functions as may be prescribed or are
supplemental, incidental or consequential to any of the functions
conferred on it, by or under this Act.
17. (1) There shall be a Fund to be called the Special Economic Zone
Development Authority Fund (hereinafter referred to as the "fund") to be held by
the authority in trust for the purposes of this Act and all monies realised or realisable
under this Act, and all monies otherwise received by the authority, shall be credited
thereto.
West Ben.
Act XXII of
1993.
Fund of
authority. .
Receipt into and
payment from
fund.
Expenditure
from fund.
Maintenance of
accounts.
(2) The authority may, with the previous approval ofthe State Government,
borrow money from the open market or otherwise for carrying out the functions
under this Act.
18. All receipts of the authority shall be carried into, and all payments by
the authority shall be made from, the fund.
19. The authority shall have the power to spend such sums as it thinks fit
to carry out the objects authorised by or under this Act, and such sum shall be
treated as expenditure payable out of the fund of the authority.
20. (1) The authority shall cause to be maintained proper books of accounts
in such form, and in such manner, as,may be prescribed.
(2) The accounts of the authority shall be audited by the Auditor appointed
by the State Government in this behalf at such time, and in such manner, as may be
prescribed.
Authority to act on 21. It shall be the general principle of the authority that in carrying on its
business princi-
ples.
Supersession of
authority.
undertakings it shall act on business principles.
22. (1) The State Government may, by an order published in the Official
Gazette, supersede an authority for such period as may be specified in the order
after giving such authority a reasonable opportunity to show cause against the
order proposed to be issued and after considering the objection, if any, of such
authority.
THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31, 2003 [59
• The West Bengal Special Economic Zone Act, 2003.
(Chapter V.— Special Economic Zone Development Authority.—Sections 23,24.—
Chapter VI.—Generation and supply of electricity.—Section 25.)
(2) Upon the publication of an order under sub-section (1),—
(a) all the members of the authority shall as from the date of
supersession vacate their offices as such members;
(b) all the powers and duties which may by or under the provisions of
this Act or any other law for the time being in force, be exercised
or performed, by the authority shall, during the period of
supersession, be exercised and performed by such person as the
State Government may direct;
(c) 'all properties vested in the authority shall, during the period of
supersession, vest in the State Government.
(3) On the expiration of the period of supersession as specified in the
order issuerlunder sub-section (1), the State Government may—
(a) extend the period of supersession for such further term as it may
consider necessary, or
(b) reconstitute the authority in the manner provided in this Act for
constituting the authority.
23. No provision of any law relating to the winding up of companies or
corporations shall apply to the authority and the authority shall not be placed in
liquidation save by order of the State GoVernment and save in such manner as
may be directed by the State Government.
24. Any sum payable to the authority shall be recoverable as arrears of
land-revenue under the Bengal Public Demands Recovery Act, 1913. Ben. Act Ill
CHAPTER VI of 1913.
Generation and supply of electricity
25. (1) Subject to the provisions of this Act, generation, distribution or
transmission of electricity in a Special Economic Zone shall be governed by the
provisions ofthe Electricity Act, 2003. 36 of 2003.
(2) The distribution licensee as defined under clause (17) of section 2 of
the Electricity Act, 2003, shall ensure supply of good quality of electricity for
consumers in the respective Special Economic Zone.
(3) The Developer orjoint venture companies promoted by the Developer
or public sector enterprises can act as Independent Power Producers, which may
establish dedicated provision of power in a Special Economic Zone including
generation, transmission and distribution, complying with the provisions of the
Electricity Act, 2003.
(4) The fixation of tariffs for distribution ofpower within a Special Economic
Zone will be governed by the Electricity Act, 2003.
(5) The industrial unit and other establishments in a Special Economic
Zone may install their own power plants for captive use as provided under the
Electricity Act, 2003.
(6) The electricity duty will be waived in full, without any restriction of
period in respect of all the industries and other establishments to be set up in a
Special Economic Zone.
Liquidation of
authority.
Recovery of sum. ;
due.
Generation and
supply of
electricity.
60] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31, 2003 [ PART HI
Environmental
clearances, etc.
. The West Bengal Special Economic Zone Act, 2003.
(Chapter VII—Environment related issues.—Section 26.—Chapter
Exemption from State taxes, duties, cesses and levies.—Section 27.)
CHAPTER VII
Environment related issues
26. (1) The Development Commissioner may, upon delegation of powers
by the West Bengal Pollution Control Board (hereinafter referred to as the "Board"),
grant clearance and consent in the prescribed manner under the provisions of the
Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and
Control of Pollution) Act, 1981, and the Environment (Protection) Act, 1986, to
establish and operate units and activities M a Special Economic Zone, under such
terms and conditions as may be decided by the Board from time to time.
(2) The Board shall provide assistance to the Development Commissioner
for the discharge ofthe above functions, including placement oftechnical personnel
under the administrative control ofthe Development Commissioner.
(3) The units carrying on or intending to carry on any of the projects
mentioned in the Schedule shall obtain environmental clearance from the Ministry
of Environment and Forest, Government of India. In case the Central Government
delegates the power to issue such environmental clerance to the State Government
or to the Development Commissioner, the Development Commissioner may grant
such clearance.
(4) Every unit shall submit a quarterly certificate of compliance to the
Development Commissioner, in the prescribed format, confirming that such unit
fulfils the requirements or restrictions relating to the environment and pollution
control.
(5) The empowered Officer deputed by the Board may, with the approval
of the Development Commissioner, conduct inspections of the units in a Special
Economic Zone to verify the compliance ofthe environmental standards as required
under the Water (Prevention and Control of Pollution) Act, 1974, the Air
(Prevention and Control of Pollution) Act, 1981 and the Environment (Protection)
Act, 1986 and the rules or regulations framed thereunder.
6 of 1974.
14 of 1981.
29 of 1986.
CHAPTER VIII
Exemption from State taxes, duties, cesses and levies
Exemptions from 27. (1) The Developer of, or units located in, a Special Economic Zone
taxes, duties, levies shall, in the prescribed manner, be exempt from payment of any tax, duty, fee, and cesses. cess or any other levy payable under the provisions of any State law for—
(i) any goods exported out of, or imported into, a Special
Economic Zone; or
inter-unit transactions of goods within a Special Economic
Zone; or
inter-Special Economic Zone transaction of goods; or
(iv) any goods sent from a Special Economic Zone for value
addition to the domestic tariff area and returned to such
Special Economic Zone thereafter; or
(v) services that provide for value addition to a product within
a Special Economic Zone:
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31 2003 [61
The West Bengal Special Economic Zone Act, 2003.
(Chapter IX.— Miscellaneous.— Sections 28-34.)
Declaration of
Special Eco-
nomic Zone as
Industrial
Township.
Provided that goods imported for sale into, or for consumption within, the
domestic tariff area will be treated like any other import into such domestic tariff
area, and will attract the normal duties, taxes, fees, cesses or any other levies.
(2) All transactions and transfers of immovable property or documents
relating thereto within a Special Economic Zone shall be exempt from payment of
stamp duty and registration fee.
CHAPTER IX
Miscellaneous
28. (1) The Governor having regard to the area of a Special Economic
Zone and municipal services to be provided, may by notification, declare such
Special Economic Zone to be an Industrial Township, in accordance with the
provisions of the West Bengal Municipal Act, 1993, and upon such declaration,
the provisions of the West Bengal Municipal Act, 1993, shall apply with such
incidental and consequential modifications as the State Government may specify in
such notification.
(2) Notwithstanding anything contained in clause (b) of sub-section (1)
of section 385B of the West Bengal Municipal Act, 1993, in every industrial
township so declared under sub-section (1), the concerned authority shall also
perform the functions of an Industrial Township Authority as specified in the West
Bengal Municipal Act, 1993.
(3) Upon the publication of such notification, the provisions of the West
Bengal Town and Country (Planning and Development) Act, 1979, and the rules,
regulations, notifications, if any, framed thereunder, shall have no application in the
area of a Special Economic Zone.
29. The units in a Special Economic Zone shall be declared as public
utility service under the Industrial Disputes Act, 1947.
30. The provisions of this Act and rules made thereunder shall have
effect notwithstanding anything contrary contained in any other law for the time
being in force.
31. No suit, prosecution or other legal proceedings shall be instituted
against any person for anything which is in good faith done or intended to be done
under this Act or under the rules made thereunder.
32. (1) The State Government may, by notification, make rules, with
prospective or retrospective effect, for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality ofthe foregoing
power, such rules may provide for all or any of the matters, which under any
provision of this Act are required to be prescribed, or to be provided for by rules.
33. The authority may in consultation with the State Government make
regulations not inconsistent with this Act and the rules framed thereunder for the
purpose of giving effect to the provisions of this Act.
34. Contravention of any of the provisions contained in any law with
reference to functioning any unit with reference to any licence, permission,
registration, exemption or any other terms and conditions, shall be an offence
under the said law and shall be punishable under the relevant provision of the said
law.
units to be public
utility service.
Overriding effect
of the Act.
Protection of
action taken in
good faith.
Power of State
Government to
make rules.
Power of
authority to make
regulations.
Contravention
of provisions
to be an
offence.
West Ben.
Act XXII
of 1993.
West Ben.
Act XIII of
1979.
14 of 1947.
62 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31, 2003 [PART III
• . The West Bengal Special Economic Zone Act, 2003.
Power to remove
difficulties.
(Chapter LX.— Miscellaneous.—Section 35.—Schedule.)
35. Ifany difficulty arises in giving effect to any ofthe provisions of this
Act, the'State Government may, by order, not inconsistent with the provisions of
this Act, remove the difficulty:
Provided that no such order shall be made after the exPiry ofa period of
three years from the date of coming into force of this Act.
THE SCHEDULE
[See sub-section (3) of section 26.]
List of Projects requiring environmental
clearances from the Central Government.
1. Nuclear Power related projetts such as HeaVy Water Plants, nuclear fuel
complex, rare earths.
2. River Valley projects including hydel power, major irrigation and their
combination including flood control.
3. Ports, Harbours, Airports (except minor ports and harbours).
4. Petroleum Refineries including crude and product pipeline. ,
5. Chemical Fertilizers (Nitrogenous and Phosphatic other than single super
phosphate).
6. Pesticides (Technical).
7. Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical
intermediates such as DMT, caprolactam, LAB, etc. and production of basic.
plastics such as LDPE, HDPE, PP, HVC.
8. Bulk drugs and pharmaceuticals.
9. Exploration for oil and gas and their production, transportation and storage.
10. Synthetic Rubber.
11. Asbestos and Asbestos products.
12. Hydrocyanic acid and its derivatives.
13. (a) Primary metallurgical industries (such as production of Iron and Steel,
Aluminum, Copper, Zinc, Lead and Ferro Alloys).
(b) Electric arc furnaces (Mini Steel Plant).
14. Chlor-alkali industry.
15. Integrated paint complex includingmanufactureofresins and basic raw materials
required in the manufacture of paints:
16. Viscose Staple fibre and filament yam.
17. Storage batteries integrated with manufacture of oxides of lead and lead
antimony alloy.
18. All tourism projects between 200m 500m of High Tide Line or at locations
with an elevation of more than 1000 meters With investment of more than
rupees five crores.
19. Thermal Power plants.
20. Mining projects (major minerals) with leases more than 5 hectares.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 31, 2003 [63
The West Bengal Special Economic Zone Act, 2003.
(Schedule.)
21. Highway Projects.
22. Tarred Roads in Himalayas and/or Forest areas.
23. Distilleries.
24. Raw Skins and Hides.
25. Pulp, paper and newsprint.
26. Dyes.
27. Cement.
28. Foundries (individual)
29. Electroplating.
By order of the Governor,
A. K. BHATTACHARYA.
Principal Secy. to the Govt. of West Bengal
& Secy., Law Department.
a
I' shedthi by the C ,ittrol!er of l'irtn -ly ',II:owner,. `rest Ise:41;11 ani printed bt. asst' St p,11 it S.,,:;enti • n. tl r , nn.erttor s Pret,s. koli.at.: