PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009131
(ASVN 2, 1931 SAKA)
PARTI
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
Notification
The 24th September, 2009
No. 19-Leg./2009,The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 8th September, 2009, and is hereby published for general information :
THE PUNJAB SPECIAL ECONOMIC ZONES ACT, 2009
(Punjab Act No. 17 of 2009)
Act, 2009.
AN
ACT
to provide for the establishment of Special Economic Zones to promote and set up self-contained large industrial townships, with world class infrastructre to accelerate and facilitate both public and private sector participation in an internationally competitive and hassle free environment for export promotion thereby securing large dividends in terms of economic and industrial development and to act as strong catalytic of regional development and for the matters connected therewith or incidental thereto. BE it enacted by the Legislature of the State of Punjab in the Sixtieth Year of the Republic of India as follows:
1. (1) This Act may be called the Punjab Special Economic Zones Short title and
(2) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires.
(a) "amenities" includes roads, water supply, street lighting, power supply, sewerage drainage, public works, tourist sports, open spaces, parks, landscaping and play fields and such other conveniences, as the State Government may, by notification, declare to be an amenity for the purposes of this Act:
(b) *building" includes () a house, out-home factory, offices or buildings relating to information technology, health, education, research and other social infrastructure, stable, commencement.
Definitions.
PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24,2009 31
(ASVN 2, 1931 SAKA)
RT-1
ENT OF LEGISLATIVE AFFAIRS, PUNJAB
oti cation
The 24th September, 2009 oo No. 19-Leg./2009.—The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 8th September, 2009, and is hereby published for general information : —
J I MIC ES CT,
j ct o.
to provide for the establishment of Special Economic Zones to promote and set up self-contai ed a n ustrial o nships, i orl infrastructure o elerate ili te bli te sector
participation in n ati nal y petitive ssl nment
for export promotion thereby securing large ends in terms ic and industrial d ent o ro t lytic regional
ent for h at ers nect d h it n ental h t .
r it t h egislature he te j in h i t
ear f t epublic low —
1. (1) i ct h j Special ic e ort le
Act, 2009.
m e m .
shall n o t , h over ent
ay, ti ti n n h f icial azet e , point.
ct, l h t xt ise e es.—
" enities" n s s, at r ply, treet g hting,
wer upply, er ge ge, blic orks, rist sports, open paces, parks, a ping e
r veniences, h over ent
ay, tifi ation, l re enit
h
r oses of this ct ;
efinitions.
(b) "buil i g" udes— (i use, ho e ry, s i gs
ng o n o ation e l gy, alth, cation, i l n t cture, l ,
1
132 PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009
(ASVN 2, 1931 SAKA)
godown, shed, hut-wall and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever;
(ii) a structure on wheels or simply resting on the ground without foundations;
oti (ii) a shop, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or s OA 2 storing any articles or goods ; and
(iv) the gardens, grounds, carriages and stables, if any. appurtenant to any building, which is intended to be used for residential, industrial, commercial, institutional or for any other purposes, whether in S n0actual use or not;
"building operations" includes re-building operations, structural alterations of, or additions to buildings and other operations normally undertaken in connection with the U construction ofbuildings;
(d) "Director" means the Director of Industries and
(e) "infrastructure'' includes industrial, commercial, social or residential infrastructure or any other facility necessary for the development of the Special Economic Zone:
() "land" means any land including super structure situated within the Special Economic Zone;
) occupier" means a person, who occupies a site or building a within the Special Economic Zone and inchudes his Successor, assignee and administrator;
(h) *off-zone supplier" means a unit located outside the Special Economic Zone providing goods or services or both to the Developer, Co-developer, occupier or resident:
() "operator" means a person engaged by the Developer tor providing infrastructure or any amenity in the Special Economic Zone :;
Ab Commerce, Punjab;
132 PUNJAB GOVT GA (EX A.) SEPT 24, 2009
(ASV 2, 1931 SAK
——
godown, shed, hut-wall and any other structyp, w of m bricks, m w m ] oF
any other m w ;
(i) a structu on w or sim y resting on the groung wit fo ati ns ;
(iii) a sho ve b tent, van and any other structure used for hum h o o used for ke n or storing any a ic e o go ; and
(iv) the gardens, gr ds, c a an s les, if an , appurtenant to an b i g, w is intend to b used for re d ti l in stri l mercial, institutional or fo o urposes. het er in actual use or not ;
(c) "building operations" in es i i g erati ns, structural alterations of, dit s o il i gs r operations normally undert en necti n it construction of buildings ;
(d) "Director" eans irect r ustries ommerce, unjab ;
(e) "infrastructure" includes industrial, mmercial, social r residential infrastructure or any other facility eces ary for the development of the pecial conomic one :
(f "land" means any land including super str cture sit ated within the Special Economic Zone :
(8) "occupier" means a person, who occupies a site or building within the Special Economic Zone and i cludes his successor, assignee and administrator ;
(®) "off-zone supplier" means a unit located outside the Special Economic Zone providing goods or services or both to the Developer, Co-developer, occupier or resident :
(i) "operator" means a person engaged by the Developer for providing infrastructure or any amenity in the Special Economic Zone :
2
PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009
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133
) "planning area means a regional planaing area, a local planning area or a site for a new town declared as such under section 56 of the Punjab Regional and Town Planning and Development Act, 1995 (PunjabAct No. 11 of 1995);
(k) "prescribed" means prescribed by rules made under this Act;
()"project" means a Special Economic Zone project including any other project, essential for the sustainability of the Special Economic Zone as deemed appropriate and recommended by the Project Approval Committee;
(m) "Project Approval Committee" means a Project Approval Committee, constituted under section 3;
(n) "section" means a section of this Act:
(o) "Special Economic Zone" shall have the same meaning as assigned to it in the Special Economic Zones Act, 2005 (Central Act 28 of 2005) ;
(p) "unit" means an enterprise, or part thereof, which occupies space within the Special Economic Zone carrying on business as approved by the Development Commissioner; and
(q) *value addition" includes any activity that brings about a change in an article as a result of some process, treatment, or labour, and results in transformation into a new and different article with enhanced value so understood in commercial parlance and shall also include packaging.
(2) The words and expressions used in this Act, but not defined, shall have the same meaning as assigned to them in the Special Economic Zones Act, 2005 (Central Act 28 of 2005).
3. (1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Committee, to be called the Project Approval Committee.
Constitution of the
Project Approval
Committee.
PUNJAB GOVT GA (EXT .) SEPT 24,2 09 133
(ASVN 2, 1931 SAK
(i) "planning area" m ans a regional planaing area, a local planning area or a site for a new town declared as such under section 56 of the Pun ab Re o and Town Planning and Development Act, 1 95 (Pun ab A No. 11 of 1995) ;
(k) "prescribed" means prescribed by rules m und this Act ;
(1) "project" means a Special E i Z p o e including any other project, essential for the su bili of the Special Economic Zone as deem ap pri t and recommended by the Project Ap roval C mit ee
(m) "Project Approval Committee" means a P t pr val mmitte , c sti o 3 ;
(n) "section" e o o h ct ;
(0) "Special ic " ll h am ea i as assigned to it in the ecial ic es ct, (Central Act 28 of 2005) ;
(p) "unit" means an enterprise, or part thereof, hi upies space within the Special c omic r i g
business as approved by the evelopment Commiss oner ; and
(gq) "value addition" includes ctivity at ri gs out a change in an article as a result of e process, treatment, or l our, d results i t sf rmation into a n different article with e ha c val s
understood i commercial parlance and shal also i packaging.
(2) The words and expres ions used in this Act, but not defined, shall have the same meaning as assigned to t in the Special Economic Zones Act, 2005 (Central Act 28 of 20 5).
3. (1) The State Government shall, by notification in the Official Constitution of the Gazette, constitute for the purposes of this Act, a Committee, to be called the Ft Approval i Committee. Project Approval Committee.
3
134 PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009
(ASVN 2, 1931 SAKA)
(2) The Project Approval Committee shall consist of the following members, namely:
(i) the Chief Secretary to Governmnent of Punjab ;
(ii) the Financial Commissioner, Revenue and Secretary to Government of Punjab, Department of Revenue and Rehabilitation:
(iii) the Financial Commissioner, Excise and Taxation and Secretary to Government of Punjab, Department of Excise and Taxation;
(iv) the Principal Secretary to Governmentof Punjab, Department of Finance;
() the Principal Secretary to Government of Punjab, Department of Local Government;
(vi) the Principal Secretary to Government of Punjab, Department of lndustries and Commerce ;
(vii) the Principal Secretary to Governmentof Punjab, Department of Labour and Employment;
(viii) the Secretary to Government of Punjab, Department of Power:
(ix) the Secretary to Government of Punjab, Department of Housing and Urban Development;
(x) the Secretary to Government of Punjab, Department of Environment;
(xi) the Managing Director, Punjab Small Industries and Export Corporation ; and
(xi) the Director, Department of Industries and Commerce. Chairman
.
Member Member Member .. Member Member
Member
Member
Member
Member
Member
Member
Secretary
134 PUNJAB GOVT GA (EXTR . SEPT. 24, 2009
(ASVN 2, 1931 SAKA)
TT (2) The Project C mit shall consist of the following members, namely :—
(i) the Chief Secretary to Governm of Punjab ;
(ii) the Finan Commis i ner, Revenue and Secretary to Go nm of Punjab, D m of and Rehabilitation ;
(iii) the Fina C mis ioner, Ex se and T on and S a y to
G ent of P D m t of
E axation ;
(iv) the P n l S to G ent of j , D ar ent Finance :
(v) the Principal r t r o ver ent Punjab, epart ent of ocal overnment ;
(vi) the ri cipal ecretar o over ent Punjab, epart ent I ustries mer |
(vii) the Principal ecretary overnment of Punjab, epartment f abour
Employment ;
(vi ) e Secretary to Government of Punjab, Department of Power :
(ix) the Secretary to Government of Punjab, Department of Housing and Urban Development ;
(x) the Secretary to Government of Punjab, Department of Environment 3
(xi) the Managing Director, Punjab Small Industries and Export Corporation ; and
(xii) the Director, Department of Industries and Commerce. Chairmap
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member-
Secretary
4
PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009 135
(ASVN 2, 1931 SAKA)
(3) For the purposes of performing its functions, the Chairman may co-opt any other officer as member of the Project Approval Committee as he may deem appropriate.
4. The Project Approval Committee (hereinafter referred to as the Functions of the Committee) shall perform the following functions, namely: Project Approval Comm1ttee
(1) The Committe shall approve, modify or reject any proposal for the establishment of a Special Economic Zone placed before it :
Provided that the project approved by the Committee is in consonance
withthe Development Plan or Master Plan of that area :
Provided further that the Developer shall not be requircd to apply for
seeking change of land use, if the Special Economic Zone falls within the
planning area and also shall not be required to apply for a licence as required
under the Punjab Apartment and Property Regulation Act, 1995, which shall
be deemed to have been granted. However, layout zoning plans and building
plans shall be got approved from the competent authority.
(2) The Member-Secretary of the Committee shall forward the recommendations of the Committee to the Government of India for approval.
(3) The Committee shall review the progress of implementation of the project at such intervals, as it may deem necessary.
5. The State Government shall notify in the Official Gazette, the Notification on boundaries and extent of the area of the Special Economic Zone after receiving Special Economic Zone. approval as mentioned in sub-section (2) of section 4.
6. (1) The Developer shall identify the area for the development of Application for development of
Special Economic Zone and shall apply in the Form, appended to this Act to Special Economic the Director for approval. Zone.
(2) On receipt of the application, the Director shall forwardthe proposal to the concerned department for comments.
(3) The concerned department shall furnish its comments in respect of the proposal within the prescribed period. In case, the comments are not furmished by the depart1ment within the prescribed period, then it shall be deemed that the proposal has been approved by the department.
(4) On the receipt of the comments from the concerned department or in case of deemed approval to the proposal, as mentioned in sub-section () the Director shall send the proposal to the Project Approval Committee for consideration.
PUNJAB GOVT GAZ. ( XTRA), SEPT. 24,20 9 135
( S N 2, 1931 SAKA)
(3) For the purposes of performing its functions, the Chairman may co-opt any other of icer as member of the Project Ap roval Com itte as he may de ap ropriate.
| 4. The Project Approval Com itte (hereinafter efer ed to as the Com ittee) shall perf r t e following functions, namely :—
(I) The Com ittee shall approve, modify or reject any proposal for the est bli ment f a Special Economic Zone placed before it :
Provided that the project approved by the Committee is in consonance with the evelopment Plan or Master Plan of that area :
rovided further that the Developer shall not be required to apply for ki g ange f se, i pecial Economic one lls ithin
l ni g al ot uired pl r ce uir d
nder the unjab Apartment and Property Regulation Act, 1995, which shall ed r nted. owever, ut i l s uil i g
s hall t r ed om petent thority.
) ember-Secretary f the ommittee shall forward the mendations the ommittee to the Government of India for approval.
(3) ommitte shall review the progress of implementation of h j ct rvals, it a eem necessary.
t over ent al t in the Official Gazette, the boundaries t f t h ecial ic ne after receiving val enti in - cti n (2) of section 4.
6. (1 evel per s l id t the area for the development o f
Special i shall apply in the For
m, appended to this Act to
the Di t r fo a val.
(2) O recei o the ap l t , the Di al forw d the
p o to the co dep m t for co m ents.
(3 T co d ment shall furnish its comments in respect
of the pro w h n the p e ibe pe o In case the com ent are not furn shed by the depart e t w h n the presc ibe pe io then it sha be d em tha the prop has been approved by the department.
(4) On the rece p of the com ent from the conc erned department
or in case of deemed approvalto the proposal, as ment ioned in sub-section (3),
the Director shall send the proposal to the Project A Co mit for
consideration.
Functions of the
Project Approval
Committee
Notification on
Special Economic
Zone
Application for
development of
Special Economic
Zone
5
L.and for Special Economic Zone. Duties and
functions of the Developer.
136 PUNJAB GOVT
GAZ. (EXTRA.), SEPT. 24,
2009
(ASVN 2, 1931 SAKA)
(5) On receipt of the proposal, sent by the Director under sub-section
(4), the Project Approval Committee shall consider the proposal and examine
the viability of other economic aspects of the project justifying the necessityof
setting up of the proposed Special Economic Zone.
(6) If the Project Approval Committee after consideration comes to the conclusion that the proposal is justified, then it will accord its approval in
principle, in case, the Developeris not in possession of land, on whichthe
project is to be developed. In case, the Developer is in possession of the land,
on which the project is to be developed, then the Project Approval Committee
shall accord its formal approval.
(7) After the formal approval of the Project Approval Committee is
accorded under sub-section (6),the Director shall forward the proposal to the
Central Government for approval subject to such terms and conditions, as may
be specified by the Project Approval Committee.
7. () The State Government may transfer land owned, acquired or
controlled by it to the Developer as per the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and the rules made thereunder,as per the
State policy.
(2) The Developer may, himself acquire land from any person by
purchase, lease or allotment.
8. (1) Subject to the provisions of this Act, it shall be the duty of the
Developer to secure planned development ofthe Special Economic Zone. The
Developer shall establish, construct, install, operate, maintain and manage the
Special Economic Zone and shall also provide therein necessary infrastructure
and amenities.
(2) Without prejudice to the generality of the provisions of sub-section
(1), the Developer shall exercise and perform the following powers and
functions, namely
(a) to prepare a development plan of the Special Economic Zone
in such manner, as may be prescribed;
(b) to demarcate and develop sites for industrial, commercial (including free trade and warehousing zone), residentialand other purposes according to the approved plan ;
(c) to allocate and transfe, either byway of saleor lease or
allotment, plots, land, buildingsor installationsfor industrial.
commercial, residential or other purposes; Land for Special
Economic Zone.
Duties and
functions of the
Developer.
136 PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009
(ASVN 2, 1931 SAKA) :
(5) On receipt of the pr posal, sent by the Director under sub-section (4), the Project Approval Co m tee shall consider the proposal and examine the viability of other economic aspects of the project justifying the necessity of setting up of the proposed Special Economic Zone.
(6) If the Project A proval Committee after consideration comes to the conclusion that the proposal is justified, then it will accord its approval in principle, in case, the Developer is not in possession of land, on which the project is to be developed. In case, the Developer is in possession of the land, on which the project is to be d , then the Project Approval Committee shall accord its formal approval.
(7) After the formal a prov of the Project Approval Committee is accorded under sub-section (6), the Director shall forward the proposal to the - Central Government for app o sub e to such terms and conditions, as may be specified by the Project A al C mit ee.
7. (1) The State G ent m transfer land owned, acquired or controlled by it to the evel per a th provisions of the Land Acquisition Act, 1894 (Central Act 1 ) the rules made thereunder, as per the State policy.
(2) The eveloper ay, i self acquire land from any person by purchase, lease or l ent.
8. (1) Subject to the provisions of this Act, it shall be the duty of the Developer to secure planned development of the Special Economic Zone. The Developer shall establish, construct, install, operate, maintain and manage the Special Economic Zone and shall a so provide therein necessary infrastructure and amenities.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Developer shall exercise and perform the following powers and functions, namely :—
(a) to prepare a dev lopment plan of the Special Economic Zone in such manner, as may be prescribed :
(b) to demarcate and dev lop sites for industrial, commercial (including free trade and warehousing zone), residential and other purposes according to he approved plan ;
(c) to allocate and transfer, eith r by way of sale or lease Of allotment, Plots, land, buildings or installations for industrial:
commercial, residential or other pu oses ;
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PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009 137
(ASVN 2, 1931 SAKA)
(d) to regulate the erection of buildings and setting up of industries in accordance with the building plan as approved by the Development Commissioner;
(e) to demarcate the boundary of the Special Economic Zone and any parts thereof and to construct and maintain demarcated structures ;
6) to fix rates for transfer of land, building or installations by way of sale, lease or allotment; and
(g) to perform such other functions, as may be prescribed.
(3) For the purpose of providing, maintaining or continuing any amenity and infrastructure in the Special Economic Zone, the Developer may levy such charges, as he may consider necessary, in respect of any land, building, installation or any other infrastructure upon the user or occupier thereof.
9. () The Developer may engage an off-zone supplier, operator, or Providing of infrastructure or any other person for the purpose of providing infrastructure or amenity. amenity by the Developcr. (2) Where any infrastructure or amenity is provided, the Developer shall have the power to levy charges for the use of service so provided.
(3) The Developer may delegate the power of collecting the charges for the use of services to any agency, providing the infrastructure or amenity.
(4) The Developer or off zone supplier, op rator or any other person, engaged for providing infrastructure in a Special Economic Zone, shall pay charges to the concerned Local authority, in case any infrastructure connectivities or maintenance services are provided by such authority.
(5) The Developer shall be responsible for maintenance of the Special Economic Zone area.
10. (7) la) The Developer or the Co-developer shall be permitted to Generationand generate electricity in or outside the Special Economic Supply of Zone, for consumption;
(b) The units located in the Special Economic Z.one. individually or in groups shall be permitted to generate electricity in or outside the Special Economic Zonefor self-consumption; and
lc) The units located in the Special Economic Zone individually or in groups shall be permitted to avail of supply of electricity by sourcing it through open access from electricity
y
NJ GAZ. EX ), SEPT. 009 137
(ASV 2, )
(d) toregulate the erection of buildings and setting up of industries In accordance with the building plan as approved by the Development Commissioner yg
(¢) to demarcate the boundary of the Special Economic Zone and any parts thereof and to construct and maintain demarcated structures ;
(f) to fix rates for transfer of land, building or installations by way , e o ment;
(g) to perform such other functions, as may be prescribed. oo (3) For the purpose of providing, maintaining or continuing any amenity and infrastructure in the Special Economic Zone, the Developer may levy such charges, as he may consider necessary, in respect of any land, building, * installation or any other infrastructure upon the user or occupier thereof.
9. (1) The Developer may engage an off-zone supplier, operator, or any other person for the purpose of providing infrastructure or amenity.
(2) Where any infrastructure or amenity is provided, the Developer shall have the power to levy charges for the use of service so provided.
(3) The Developer may delegate the power of collecting the charges services to any agency, providing the infrastructure or amenity.
(4) Developer or off zone supplier, op >rator or any other person, engaged for providing infrastructure in pecial ic ne, al charges to the concerned Local t orit , n ru u connectivities or maintenance i es i thority.
(5) The Developer shall be responsible aint ance o h ecial i .
. 1 ( ) eveloper h o-developer all it d o nerate ctricity t e pecial E mic Zone, s mption;
i o n h Special i one,
individually s al ermitted
to generate
ctricity tsi e h pecial Econo mic Zone
self-consumption ;
¢) The units t Special mic Zone, i i ual y s al r it ed ail o ply electricity r i h o ss om
Providing of
n rastructure
amenity by the
Developer.
enerati n
supply of
electricity
7
Excmption from fees, cess and
138
levies.
PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009
(ASVN 2, 1931 SAKA)
(2) The power tariff for the sale of power to various categories of consumers in the Special Economic Zone will be charged by the Punjab State Electricity Board at such rate, as may be determined by the Punjab State Electricity Regulatory Commission on year to year basis. generators directly or through wheel electricity to the Special Economic Zone for consumption, subject to such payment, as may be required for open accessand
wheeling
of electricity.
(3) The Developer or Co-developer of the Special Economic Zone or an association of units located in the Special Economic Zone, unless exempted under the Electricity Act, 2003 (Central Act 36 of 2003), shall obtaina distribution
license or a franchise for distribution ofelectricity with the Special Economic Zone.
11. (1) The following shall be exempted from the payment of any State taxes, duties, tax, duty, fee, cess or any other levy under the Relevant Act, enacted by the
(4) For the purpose of regulation of safety and other requirements
of the electrical system, including installations and equipments under the Indian Electricity Rules, 1956, the Development Commissioner or his nominee having requisite qualifications, shall be authorized to exercise the powers of an Electrical Inspector.
(5) No electricity duty or cess shall be levied on the businesses of generation, transmission and distribution ofelectricity and on consumption of electricity within the Special Economic Zone.
Punjab State Legislature, namely:
(i) any goods exported out of or imported into the Special Economic Zone:
(i) any inter-unit transaction of goods within the Special Economic Zone ;
(ii) any goods from the Special Economic Zone, sent for value addition to the domestic tariff area and returned to the Special Economic Zone thereafter ;
(iv) any service providing for the value addition to a product within the Special Economic Zone;
(vi)
(v) any service, provided to the Special Economic Zone developer or a unit in Special Economic Zone for authorized operations;
stamp duty and registration fee on purchase of land for establishing a Special Economic Zone;
Exemption from
State taxes, duties,
fees, cess and
levies.
138 PUNJAB GOVT G (EXTR . SEPT. 24, 2009
(ASVN 2, 1931 SAKA
generators directly or through wheel electricity to the Special Econom c Zone for consumption, subject to such payment, as may be required for open access and wheeling of electricity.
(2) The power tari for the sale of power to various categories of consumers in the Spe a Econom c Zone w l be charged by the Punjab State Electricity Board at such rate, as may be determ ned by the Punjab State Electricity Regulatory Com is on year to year basis.
(3) The D or C of the Sp Economic Zone or an association of un ts located in the Sp Econo Z unless exempted under the Electricity Act, 2003 (C A 36 of 20 shall obtain a distribution license or a franchise for ist ution of elec w h the Special Economic Zone.
(4) For the p o reg o o sa e y and other requirements of the electrical system, includ n in a o s and eq p ents under the Indian Electricity Rules, 1956, the D ent C mis ioner o h s nominee having requisite qualifications, shall r o r i he er of an
Electrical Inspector.
(3) No electricity ll levied on the businesses of neration, transmission and distribution of electricity and on consumption of electricity within the Special ic one.
1. (1) o i g al pted from the payment of any tax, duty, fee, cess or any other levy nder elevant ct, acted Punjab State Legislature, namely :—
(1) any goods xported ut f r ported into the Special Economic Zone ;
(ii) a y i ter-unit t nsaction of goods within the Special Economic Zone ;
(iff) any goods f the Special Economic Zone, sent for value addition to the domestic tariff area nd returned to the Special Economic Zone thereafter ;
(iv) any service providing for the value addition to a product within the Special Economic Zone :
(v) any service, provided to the Special Economic Zone developer or a unit in Special Economic Zone for authorized operations ;
(vi) stamp duty and registration fee on purchase of land for establishing a Special Economic Zone :
8
PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009 139
(ASVN 2, 1931 SAKA)
(vi) stamp duty and registration fee on the first transfer or lease of immovable property within the Special Economic Zone. However, all subsequent transfers or leases shall be liable to levy of stamp duty and registration fee, and
(vi) levy of social security cess on purchase of land for establishing a Special Economic Zone, and on the first transfer or lease of immovable property within the Special Economic Zone.
(2) The exemption from payment of tax under this Act, shall be allowed to the Developer of a Special Economic Zone and to the Special Economic Zone Unit as per the Punjab Special Economic Zone Policy, notified by the State Government,vide No. 5/58/2002|B/4630, dated the l1th August, 2005.
(3) The Department of Labour of the State Government shall be competent to declare any unit or establishment, set up in the Special Economic Zone as public utility service under the Industrial Disputes Act, 1947.
12. (1) The Development Commissioner shall supervise and coordinate the activities of agencies engaged in the development of the Special Economic Zone.
(2) Notwithstanding anything contained in any law made by the Punjab State Legislature, for the time being in force, the Development Commissioner, shall exercise the following powers for the grant of approval or sanction to the Developer and the Unit in order to provide for a single window clearance system in the Special Economic Zone, namely:
(a) the powers, exercised by the Labour Commissioner and the
Chief Inspector of Factories in respect of labour laws;
(b) the powers exercised by the Punjab Pollution Control Board
with regard to the grant of consent under the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974) and the Air (Prevention and Control of Pollution) Act,
1981
(Central Act 14 of 1981). However, the Development Commissioner shall consult the Punjab Pollution Control Board. wherever he considers necessary ; and
(c) the powers exercised by the Chief Town Planner, Punjab. under the Punjab Regional and Town Planningand
Development Act, 1995 and the Punjab Apartment and
Property Regulation Act, 1995. However, the Development
Commissioner shall consult the Chief Town Planner, Puniah
wherever he considers necessary. Powers and
unctons of ihe
Development
Commissioner.
PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009 139
ASV 31 )
(vii) stamp duty and registration fee on the first transfer or lease of immovable property within the Special Economic Zone. ] However, all subsequent transfers or leases shall be liable | to levy of stamp duty and registration fee; and
iii) e social security cess on purchase of land for establishing a Special Economic Zone, and on the first transfer or lease of immovable property within the Special i ne.
(2) The exemption from payment of tax under this Act, shall be allowed to the Developer of a Special Economic Zone and to the Special Economic Zone Unit as per the Punjab Special Economic Zone Policy, notified by the State Government,—vide No. 5/58/200211B/4630, dated the 11th August, 2005.
(3) The Department of Labour of the State Government shall be competent to declare any unit or establishment, set up in the Special Economic Zone as public utility service under the Industrial Disputes Act, 1947.
. evel ent ommissioner shal ervi ers I functions of the
coordinate the activities ofagencies n h ent h pecial [J pent c miss oner
(2) otwithstanding t t n aw a h nj State Legislature, fo h im n , h evel ent ommissioner, shall exercise the following powers for h t ofapproval t o h eveloper h nit n r o i l i e
em in h pecial mic one, el —
h wers, erci d h our ommissioner h
hief ector actories ect a r aw
ers erci d h nj ol t n Control oar
it r t sent er ater en
ti n
Control of Pollution) ct, entral ct
4)
ir enti n ontrol f Pollution) ct, (Central ct 81). owever, evel ment
ommissioner al nsult nj ol ti n ontrol oard,
herever nsiders cessar
y ;
) ers erci d
hief n ner, unjab,
, "under the Punj
ab egional and own l nning nd Devel pment ct,
Punj Apart ent
Act, 95. owever, e evel pme nt
erty egulation
:
De al nsult e Chief Town l nner, unjab, wherever c nsid ers ces ary.
)
9
Overriding effect. Protection of actions taken in good faith.
Power to remove difficulties. Power to make rules.
140 PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009
(ASVN 2, 1931 SAKA)
13. The provisions of this Act shall have efYect notwithstanding anything inconsistent therewith contained in any other law enacted by the Punjab State Legislature for the time being in force.
14. No suit or other legal proceedings shall lie against any person for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act or the rules made thereunder.
15. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such order, not inconsistent with the provisions of this Act, as may appear to it, to be necessary or expedient for the removal of difficulty:
Provided that no such order shall be made after the expiration of a period of two yeárs from the date of coming into force of this Act.
(2) Every order made under this section shall be laid, as soon as may be, after it is made, before the State Legislature.
16. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely -
(a) to specify the period for furnishing comments under sub-section
(3) of section 6 ;
(b) to prescribe functions under clause (g) of sub-section (1) of section 8; and
(c) to prescribe the manner for preparing development plan under clause (a) of sub-section (2) of section 8.
(3) Every rule made under this section shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session for a total period of ten days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agrees in making any modification in the rules or the House agrees that the rule should not be made, the rule shall thereafter have effect 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 under that rule. Overriding
ec .
ection
ions aken in
fa th
o emove
difficulties.
to
Z. E RA.), . ,
ASV )
13. The provi s o ll f t it standing anything inconsistent h it t n aw he njab State egislature fo h im n o .
———
14. suit or other legal proceedings shall lie against any person for anyt i g, hi is n h n en o n ce of t
i s h c h h der.
15. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such order, not inconsistent with the provisions of this Act, as a appear to it, to essary edient h emoval dif iculty :
i d t r al ad r h pirati n r
of two years from the date of coming into force of this Act.
(2) Every order made under this section shall be laid, as soon as may be, after it is made, before the State Legislature.
16. (1) State overnment ay, notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, el :—
(a) to specify the period for furnishing ments der -section
(3) t 6 cri e ct s er -section (1) of sect 8 ;
(c) to prescribe the anner fo ari g ent er b-section (2) t 8.
(3) ver ad der i t shall be laid, as soon as may be, af r it i ade, ef re ouse t t egislature, hil it ion for tal er ys, hi a prised in one session or in two or or ces ive ses ions, , f r the expiry of the session in which it is
10
To
2.
4.
PUNJAB GOVT GAZ. (EXTRA.), SEPT. 24, 2009
(ASVN 2, 1931 SAKA)
5.
The Director, Subject : Application for setting up of Special Economic Zone.
1. Name of the Special Economic Zone Developer
8.
Department of Industries and Commerce, Punjab, Chandigarh.
(in block letters).
3. Nature of the Special Economic Zone
FORM
[See section 6(1)] Full address of the Special Economic Zone Developer.
Developer (whether Government Undertaking/ public/private/proprietorship/others). Name of the proposed Special Economic Zone. Type of the proposed Special Economic Zone (Multiproduct or sector specific/others).
6. Location of the proposed Special Economic Zone.
7. Particulars of the land area of the proposed Special Economic Zone acquired
or to be acquired along with its map. Detailed project repor/feasibility report of the proposed Special Economic
Zone.
9. Investment and mode of financing of the
proposed Special Economic Zone.
11. Implementation period.
10. Employment likely to be generated.
13. Any other information.
12. Name and complete address of the persons, to be :
contacted.
Note.-The application shall be made in twenty copies. 12281 LR(P)--Govt. Press, UT,
Chd
141
(Signature of Developer)
REKHA MITTAL,
Secretary to Government of Punjab, Department of Legal and Legislative A fairs.
PUNJAB GOVT GA (EXT .) SEPT 24,2 09 141
(ASVN 2 1931 SAKA
FORM
[See section 6(1)] To
The Director, D m of Indu e and Com erce Pu a Chandigarh.
Subject : Application for setting up of Special Econ i Zo
1. Name of the Special Economic Zone D o (in block letters).
2. F add of the S E o i Z Developer.
3. Nature of the Special E i Z Developer (whether Government U dert i / public/private/proprietorship/others). Name of the proposed Special E i Z e.
5. Type of the proposed Special i (Multiproduct or sector s cific/others).
6. Location of the proposed Special ic Zone.
7. Particulars of the land area of the Special Economic Zone acquired or to be acquired along with its map.
8. Detailed project report/feasibility report of the proposed Special omic one.
9. Investment and ode of cing proposed Special conomic one.
10. Employment likely to be enerated.
11. Implementation period.
12. Name and complete address of the persons, t be :
cont
13. Any other i formation. Note.—The application shall be made in twenty copies. (Signature of Developer)
REKHA MIT AL,
Secretary to Government of Punjab, Department of Legal and Le slative A fairs, 12281 LR(P)—Govt. Press, UT, Chd eT ———
11