[Received the Assent
of the governor on the 8th day of September, 2003, Assent First published in
the Rajasthan Gazette Extraordinary Part 4(ka), dated 11-9-2003, page II An Act to provide for
the establishment, maintenance, management and administration of Special
Economic Zones in the State so as to promote and assist the rapid and orderly
establishment, growth and development of industries and to attract investment
in such Special Economic Zones; and to provide for the matters connected
therewith or incidental thereto. Be it enacted by the
Rajasthan State Legislature in the Fifty-fourth Year of the Republic of India,
as follows:- CHAPTER 1 Preliminary (1)
This Act may be called the
Rajasthan Special Economic Zones Development Act, 2003. (2)
It extends to the whole of
the State of Rajasthan. (3)
It shall be deemed to have
come into force on and from 25th day of July, 2003. In this Act, unless
the context otherwise requires, - (a)
"amenities" means
all basic and essential services including - roads, water supply, street
lighting, power supply, sewerage, drainage, collection, treatment and disposal
of industrial and municipal wastes, public health and education, transport,
fire fighting services, public parks, residential services, clubs, markets,
shops and outlets and such other facilities or services as the State Government
may, by notification, specify to be an amenity for the purposes of this Act; (b)
"Central
Government" means the Government of India; (c)
"co-developer"
means a person who has entered into an agreement with the Developer to develop,
build, design, organize, promote, finance, operate, maintain or manage a part
or whole of the infrastructure or amenity in the State; (d)
"developer" means
a person selected and appointed under section 6; (e)
"Development
Commissioner" means such officer as may be notified as the Development
Commissioner for the zone; (f)
"domestic tariff",
for the purpose of this Act, means the Geographical area of the State of
Rajasthan excluding the area of the zone; (g)
"infrastructure"
includes industrial, commercial or social infrastructure or any amenity for the
development of the zone; (h)
"occupier" means a
person who occupies a site or building within a zone and includes his
successors and assignees; (i)
"operator" means a
person engaged by the Developer in providing infrastructure or amenity in whole
or in any part of the zone; (j)
"person" includes
any individual, firm, any company or association or body of individuals whether
incorporated or not and whether in the public sector or private sector; (k)
"prescribed" means
prescribed by the rules made under this Act: (l)
"Schedule" means
schedule attached to this Act; (m)
"special economic
zone" or "zone" means an area identified and notified as special
economic zone under section 6; (n)
"State Government"
means the Government of the State of Rajasthan; (o)
"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; and (p)
"unit" means an
enterprise or part thereof, which occupies space within the zone for carrying
on business as approved by the Development Commissioner. CHAPTER 2 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 exercise such powers and functions as may
from time to time be vested in him by the Central Government or the State
Government. (2)
Without prejudice to the
provisions of sub - section (1), the Development Commissioner shall act as a
single agency to grant all approvals, clearances, licenses, permissions and
other authorizations as may be delegated to him by the State Government or its
agencies, for the establishment and operation of units in the zone. (3)
Notwithstanding anything
contained in any law for the time being in force, the Development Commissioner
shall make regulations, with the prior approval of the State Government with
regard to town planning and urban development including floor space index,
ground coverage, green space and other usages of land within the zone and shall
approve the plan for the development of the zone and oversee the compliance of
the approved plan. (4)
The Development Commissioner
shall, - (i)
supervise and monitor
compliance of conditions of licenses, permissions and clearances granted by
him; (ii)
call any information
required to supervise and monitor the conditions of licence, permission or,
clearance from any unit within the zone, and (iii)
take appropriate action for
non - compliance of any of the terms and conditions of any license, permission
or clearance so granted by him. (1)
The State Government may
nominate such officers of the State Government as it may consider appropriate
to assist the Development Commissioner for effectively carrying out the powers
and functions under this Act. (2)
The officers to be nominated
under sub - section (1) shall represent the Departments dealing with- (i)
Labour; (ii)
Housing and Urban
Development; (iii)
Industries; (iv)
Environment; (v)
Commercial taxes; (vi)
Energy; and (vii)
Any other department or
institution or organization as the State Government may deem fit. (1)
The Development Commissioner
shall be entitled to grant all approval and clearances required under State
Laws for the establishment and operation of units in the zone. (2)
Notwithstanding anything
contained in this Act or in any other law for the time being in force the State
Government and its agencies may delegate their powers to the Development
Commissioner so as to enable the Development Commissioner- (a)
to prescribe common
application form for any licence, permission or registration under one or more
State laws; (b)
to exercise the powers of
the State Government or its agencies with regard to grant of licenses,
approvals, cancellations, permissions and other authorizations under State
laws; (c)
to notify an officer or
agency for carrying out inspections under various State Laws; (d)
to exempt the zone from one
or more provisions of any State law; and (e)
to prescribe single returns
for reporting under two or more State Laws. CHAPTER 3 Selection and appointment of Developer (1)
The State Government shall
identify and notify the area to be developed as a special economic zone. (2)
The State Government shall
select a developer for the purpose of development of the zone. (3)
The procedure for the
selection of the developer shall be such as may be prescribed by the State
Government. (4)
The proposal for
establishing the special economic ^one shall be forwarded by the State
Government to the Central Government for its approval. (5)
Upon receipt of the approval
of the Central Government on the proposals forwarded under sub - section (4),
the State Government shall, appoint the developer by a notification in the
official Gazette. CHAPTER 4 Land Acquisition (1)
The State Government may,
for the purposes of this Act, acquire land in accordance with the provisions of
Land Acquisition Act, 1894 (Central Act No. 1 of 1894). (2)
The State Government may,
for the purposes of this Act, transfer land owned, acquired or controlled by it
to the Developer on such terms and conditions as the State Government may
prescribe. (3)
The developer may acquire
land independently from private parties by purchase, lease or otherwise. CHAPTER 5 Powers and functions of the Developer (1)
The Developer shall secure
planned development of the zone and provide infrastructure and amenities for
the establishment, operation, maintenance and management of the zone. (2)
Without prejudice to the
generality of the provision of subsection (1), the Developer shall perform the
following functions, namely:- (a)
to prepare a plan for the
development of the zone in conformity with the regulations made by the
Development Commissioner and to implement such plan after obtaining his
approval; (b)
to demarcate and develop
sites for industrial, commercial, residential and other purposes according to
the plan; (c)
to allocate and transfer,
either by way of sale or lease or otherwise, plots of land, buildings or
installations for industrial. commercial, residential or other purposes subject
to his own title in relation to such plots of land, buildings or installations; (d)
to regulate the erection of
buildings and setting up of industries in accordance with plan as approved by
the Development Commissioner; (e)
to develop, construct,
install, operate, manage and maintain infrastructure and amenities for
providing services either by himself or through a co-developer, operator or any
other person authorized by him on his behalf; (f)
to demarcate the boundary of
the zone and any parts thereof, and to construct and maintain demarcation
structures, in such manner as may be prescribed; and (g)
to perform such other
functions as may be prescribed. (1)
Subject to the terms,
conditions and restrictions contained in the notification appointing the
Developer issued by the State Government, the Developer nay, sell, lease or
otherwise transfer whether by auction, allotment or otherwise any land or
building in the zone on such terms and conditions as he may think lit to
impose. (2)
For the purpose of providing
amenities and infrastructure in the zone, the Developer may levy charges in
respect of any site or building from the occupier thereof. (3)
The rate of charges referred
to in sub - section (2) shall be fixed by the State Government, so however,
that it ensures an annual return not exceeding sixteen per cent post - tax
return on the capital investment made in providing the amenities and
infrastructure. Explanation. - For
the purpose of this section,- (a)
the expression "provide"
includes development, construction, installation, operation, management and
maintenance of the amenities and infrastructure; (b)
the expression "post -
tax return" means the ne,t return that accrues after payment of the income
- tax that may be found to be payable on the gross return. (4)
The Developer may delegate
the power of collection of the charges referred to in sub - section (2) to the
agency providing the infrastructure or amenities. Subject to the
provisions of the Rajasthan Power Sector Reforms Act, 1999 (Act No. 23 of 1999)
and the Electricity Act, 2003 (Central Act No. 36 of 2003) - (a)
The Developer or
co-developer may undertake in the zone, the activities of transmission,
distribution, supply and sale of electricity and may purchase the electric
energy required in the zone from such sources as may be considered appropriate
and conducive to the development of zone; (b)
the Developer or the
co-developer shall be deemed to be permitted to generate electricity within the
zone; (c)
the unit established in the
zone shall be deemed to be permitted to generate electricity either
individually or in association with other unites in the zone for captive use
and consumption by such unit or units or to sell supply to other units in the
zone: (d)
the distribution or
transmission licensee shall provide separate sub - station and separate feeder
to a zone; and (e)
surplus power generated by
the Developer or the Co-developer and other establishment within zone may be
sold to an entity engaged in the business of trading or distribution of
electricity outside the zone. CHAPTER 6 Special Economic Zone to be an Industrial Township (1)
The Governor may specify the
zone to be an industrial township in accordance with the provisions of Article
243Q 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, 1959 (Act No.38 of 1959) or, as the case may
be, a Panchayat Raj Instituted constituted under the Rajasthan Panchayati
Rajasthan Act, 1994 (Act No. 13 of 1994) with effect from the date of the
issuance of a notification under sub - section (1). CHAPTER 7 Exemption from State Taxes, Duties, Cess and Levies State government may,
by general or a special order, exempt any developer or a unit located in a
special economic zone from State taxes, duties, cess, etc. to the extent
specified in such order in respect of all transactions within the Special
Economic Zone and in respect of supply of goods and providing services from the
domestic tariff area to the Special Economic Zone under the enactments
specified in the Schedule. CHAPTER 8 Miscellaneous (l) the provisions of
this Act and rules made thereunder shall have effect notwithstanding anything
contained in any other State law for the time being in force. 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. (1)
If any difficulty arises in
giving effect to the provisions of this Act, the State Government may, as the
occasion may require, by order published in the official Gazette, make such
provisions not inconsistent with any provisions of this Act as appears to it to
be necessary for removing such difficulty: Provided that no such
order shall be made after the expiry of three years from the date of
commencement of this Act. (2)
Every order made under sub -
section (1) shall be laid before the House of the State Legislature as soon as
after it is made. (1)
The State Government may, by
notification in the official Gazette, make rules for carrying out the purposes
of this Act. (2)
All rules made under this
Act 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 make
any modification in any of such rules or resolves that any such rules should
not be made, such rules shall thereafter have effect only in such modified form
or to 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. (1)
The Rajasthan Special
Economic Zones Development (Ordinance, 2003) (Ordinance No. 3 of 2003) is
hereby repealed. (2)
Notwithstanding such repeal
all actions taken or order made under the said Ordinance shall be deemed to
have been taken or made SCHEDULE
1 [See section 12] 1.
Rajasthan Sales Tax Act,
1994 (Act No. 22 of 1995). 2.
Rajasthan Tax on Entry of
Goods into Local Areas Act, 1999 (Act No. 13 of 1999). 3.
Rajasthan Stamp Law
(Adaptation) Act, 1952 (Act No.7 of 1952). 4.
Rajasthan Land and building
Tax Act, 1964 (Act No. 18 of 1964). 5.
Rajasthan Electricity (Duty)
Act, 1962 (Act No. 12 of 1962). Notifications [Notification dated
25-7-2003, Published in Rajasthan Gazette Extraordinary part 1-B, dated
2-8-2003, page 203] The State Government
has appointed Sitapur as a Special Economic Zone for James & Jewellery and
Boranada as a Special Economic Zone for Handicraft, the Rajasthan State
Industrial Development & Appropriation Corporation Ltd. (RIICO) to be the
Developer.Rajasthan Special Economic Zones
Development Act, 2003
?[11 September 2003]