West Bengal Special Economic Zone Act, 2003
No: 32 Dated: Dec, 31 2003
THE WEST BENGAL SPECIAL ECONOMIC ZONE ACT, 2003
West Bengal Act XXXII of 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 operation of industries in such Special Economic Zone, and to provide for the matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
CHAPTER I
Preliminary
1. Short title and commencement. - (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.
2. Definitions. - 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, by notification, 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, commercial 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;
(l) "Special Economic Zone" means a specifically delineated duty-free enclave, as if it were a foreign territory for the purposes of 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 Government" 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
3. Identification of Special Economic Zone. - (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 Government 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.