No: 18 Dated: Oct, 13 2005

Tamil Nadu Special Economic Zones (Special Provisions) Act; 2005

Act No. 18 of 2005

    An Act to make certain special provisions in relation to Special Economic Zones in the State of Tamil Nadu and for matters connected therewith and incidental thereto.

    BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fiftysixth Year ofthe Republic of India as follows:-

1. Short title; extent and commencement:- (1) This Act may be called the Tamil Nadu Special Economic Zones (Special Provisions) Act; 2005.

(2) It extends to the whole ofthe State of Tamil Nadu.

(3) It shall be deemed to have come into force on the 8th August 2005.

2. Definitions:- In this Act; unless the context otherwise requires;-

(a) "Authority" means an Authority constituted under sub-section (1) of Section 17;

(b) "Government" means the State Government;

(c) "notified offence" means the offence specified as such under sub-section (1) of Section 7;

(d) "prescribed" means prescribed by rules made under this Act;

(e) "Special Economic Zone" means a Special Economic Zone as defined in clause (za) of Section 2 of the Special Economic Zones Act; 2005.

(f) all other words and expressions used and not defined in this Act but defined in the Special Economic Zones Act; 2005 shall have the meanings respectively assigned to them in that Act.

3. Guidelines to recommend proposal to establish Special Economic Zone:- The Government while forwarding the proposal to establish a Special Economic Zone with their recommendation to the Board shall be guided by the following; namely:-

(a) generation of additional economic activity;

(b) promotion of exports of goods and services;

(c) promotion of investment from domestic and foreign services;

(d) creation of employment opportunities;

(e) development of infrastructure facilities; and

(f) maintenance of sovereignty and integrity of India; the security of State and friendly relations with foreign State.

4. Additional functions of Approval Committee:- The Approval Committee may perform such additional functions as may be prescribed

5. Single application form; return; etc:- Notwithstanding anything contained in any other law for the time being in force; the Government may; if required;-

(a) prescribe a single application form for obtaining any licence; permission or registration or approval by a Developer or an entrepreneur under one or more State Acts;

(b) prescribe a single form for furnishing returns or information by a Developer or an entrepreneur under one or more State Acts

6. Agency to inspect:- Notwithstanding anything contained in any other law for the time being in force, the Government may, by notification, authorise any officer or agency to carry out surveys or inspection for securing of compliance with the provisions of any State Act by a Developer or an entrepreneur, as the case may be, and such officer or agency shall submit verification and compliance reports in such manner and within such time as may be specified in the said notification.

7. Single enforcement officer or agency for notified offences:- (1) The Government may, by notification, specify any act or omission made punishable under any State Act as notified offence for the purposes ofthis Act.

(2) The Government may, by general or special order, authorise any officer or agency to be the enforcement officer or agency in respect of any notified offence or offences committed in a Special Economic Zone.

(3) Every officer or agency authorised under sub-section (2) shall have all the corresponding powers of investigation, inspection, search or seizure as is provided under the relevant State Act in respect ofthe notified offences.

8. Investigation, inspection and search or seizure:- The officer or agency authorised under Section 7 may, with prior intimation to the Development Commissioner concerned, carry out the investigation, inspection, search or seizure in the Special Economic Zone or in a Unit, if such officer or agency has reasons to believe (reasons to be recorded in writing) that a notified offence has been committed or is likely to be committed in the Special Economic Zone:

Provided that no investigation, inspection, search or seizure shall be carried out in a Special Economic Zone by any officer or agency other than those referred to in sub-section (2) of Section 7 without prior approval of the Development Commissioner concerned