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Special Economic Zones are specially delineated duty-free enclaves deemed to be foreign territories for the purposes of trade operations, duties and tariffs. SEZs include development of roads, airports, ports, telecom, generation and distribution of power, construction of industrial/commercial/residential complexes, etc. Encouraged by the phenomenal success of SEZs of People’s Republic of China which first used this model as a measure to attract foreign capital, technology and managerial expertise the Indian Government announced in the EXIM Policy of March 2000, a scheme for setting up SEZs in the country. The Special Economic Zones Act, which was enacted subsequently in the year 2005, has been subject to much debate and discussion. From politicians to businessmen, from journalists to social activists all have expressed different views thereon. While some have hailed it as a new mantra for export-oriented economic activity, others have criticized it for giving excessive tax and tariff concessions to SEZ developers. The government is keen to promote the establishment of these large, self-contained areas, supported by world-class infrastructure, oriented towards export promotion. The present book Special Economic Zones: Issues, Laws and Procedures, in two volumes, studies in detail the various aspects of policy relating to SEZs. Different problems relating to people’s apprehensions about these models of growth displacement of a large number of landowners, environmental pollution likely to be caused by huge industrial units being set up in the SEZs, the inter-ministerial differences over the issue of unprecedented concessions, incentives and sops being given to the developers, etc. have been discussed in the four analytical articles written by economic experts, making valuable suggestions. Besides articles by erudite experts, the book contains documents relating to SEZs in matters like foreign trade policy; income tax, central sales tax, customs duty; circulars and orders of related ministries, government departments and Reserve Bank of India; and laws and subsequent amendments concerning SEZ Policy of the government. The book includes the Land Acquisition Act, 1894; National Policy for Resettlement and Rehabilitation of Project Affected Families, 2003; National Rehabilitation Policy, 2006 and Resettlement & Rehabilitation Policy (NHPC), 2007. Also given in this book are documents containing the policy framework of states. Such wide coverage makes this book a unique treatise on Special Economic Zones. It will prove highly useful for MNCs, SEZ developers, policymakers, lawyers, businessmen and students. The general readers will also find it interesting and informative. About the Author Dr. K.R. Gupta is a well known Economist. He has published over a dozen books and more than hundred papers in leading journals published in India and abroad. He has been teaching postgraduate classes and guiding research for about two decades in University of Jammu, and Kurukshetra University. He has also worked as an Economist in private as well as public sector. His last assignment was as Economic Advisor to the Modi Enterprises. Table of Contents VOLUME I 1. Special Economic Zones 2. The Role of Special Economic Zones in Regional and National Development Ramakrishna Nallathiga 3. Special Economic Zones: Lessons from China Bhaskar Goswami 4. Development through Displacement: A Study of Singur, West Bengal Suhita Mazumdar 5. Special Economic Zones Scheme 6. Foreign Trade Policy (2004-09) Related to Special Economic Zones 7. The Special Economic Zones Act, 2005 8. Guidelines for SEZ Developers 9. Ministry of Finance, Notifications on Income Tax 10. Income Tax Rules/Sections Relating to Special Economic Zones 11. Central Sales Tax Amendment in Budget 2004-05 12. Customs Chapter X-A, and Customs Circular No. 33 Dated 12th May 2004 13. Ministry of Finance, Department of Revenue Notifications, 2004 14. Ministry of Finance, Department of Revenue, Notification No. 53/2003 Dated 22nd July 2003 15. Ministry of Commerce and Industry, Department of Commerce, Public Notice No. 17 (RE-03)/2002-07 Dated 16th July 2003 16. Ministry of Commerce and Industry, Department of Commerce, Directorate General of Foreign Trade, Notification No. 9 (RE-2003)/2002-2007 Dated 30th September 2002 17. Ministry of Commerce and Industry, Department of Commerce, Notification P.2(1) 2002 EPZ Dated 23rd May 2002 18. Appendix 14-IB Criteria to be Adopted for Automatic Approval of Units Under EOU/SEZ Scheme 19. Appendix 14-IC Sector Specific Requirements for EOU/SEZ Units 20. Appendix-14-IG Guidelines for Monitoring the Performance of EOU/SEZ/STP/EHTP Units 363 21. Appendix-14-IH Guidelines for Sale of Goods in the Domestic Tariff Area (DTA) by EOU/EHTP/STP Units VOLUME II 22. Appendix-14-I-I Procedure to be Followed for Reimbursement of Central Sales Tax on Supplies made to Export Oriented Units and Units in Electronic Hardware Technology Park and Software Technology Park 23. Appendix-14-I-L Guidelines for Exit of EOU/SEZ/EHTP/STP Units 24. Ministry of Commerce & Industry, Department of Industrial Policy & Promotion, SIA (FC Division), Press Note No. 9 (2000 Series) 381 25. Reserve Bank of India, Exchange Control Department, Central Office Mumbai, A.P. (DIR Series) Circular No. 54 Dated 25th November 2002 26. Reserve Bank of India, Department of Banking Operations & Development, Notification Dated 12th November 2002 27. Ministry of Environment & Forests, Notification Regarding Coastal Regulation Zone Dated 17th June 2003 28. Ministry of Environment & Forests, Amendment to CRZ Notification Dated 21st May 2002 396 29. Ministry of Environment & Forests, Notification Regarding Coastal Regulation Zone & Amendment Dated 21st May 2002 30. Ministry of Environment & Forests, Environment Impact Assessment Notification No. 60 (E) Dated 27th January 1994 31. Ministry of Environment & Forests, Department of Environment, Forests and Wildlife, Notification Regarding Coastal Regulation Zone 32. Ministry of Environment & Forests, Notification Regarding Polluting Industries 33. Model State Policy on SEZ State Government’s Policy Regarding Setting Up of Special Economic Zones (Draft) 34. Model State SEZ Act 35. The Andhra Pradesh Gazette Part IV-B, Extraordinary, Published by Authority Dated 12th June 2003 36. The Andhra Pradesh Gazette Part-I, Extraordinary, Published by Authority, Dated 20th June 2002. 465 37. Government of Andhra Pradesh’s Abstract No. 151 Dated 9th April 2002 38. Government of Gujarat’s Policy Regarding Establishment of Special Economic Zones in the State 39. Government of Jharkhand’s Policy Regarding Establishment of Special Economic Zones in the State 40. The Karnataka Special Economic Zones Development Bill, 2003 (L.A. Bill No. 24 of 2003) 41. Government of Karnataka, Department of Energy, Order No. C&I 282 SPI 2001 Dated 25th February 2002 42. Government of Karnataka’s Policy on SEZ, Proceedings of the Government of Karnataka. 43. Madhya Pradesh Government’s Policy Regarding Setting Up of Special Economic Zones in the State 44. Madhya Pradesh Government’s Indore Special Economic Zone (Special Provisions) Act, 2003 45. Maharashtra Special Economic Zone Act, 2003 (Draft) 46. Government of Maharashtra’s Policy Regarding Setting Up of Special Economic Zones in the State 47. Government of Orissa, Industries Department, Resolution Dated 10th November 2003 48. Government of Rajasthan’s Policy on Special Economic Zones 49. Government of Rajasthan, Law (Legislative Drafting) Department, Notification Dated 2nd July 2003 50. Uttar Pradesh Government’s Special Economic Zones Act 51. Uttar Pradesh Government’s Special Economic Zones Act Regarding Labour Laws 52. Government of Uttar Pradesh, Laghu Udyog Avam Niryat Protsahan Anubhag-4, Notification Dated 15th June 2002 53. Government of Uttar Pradesh, Industrial Development Section, Government Orders Regarding Special Economic Zones 54. The West Bengal Special Economic Zone Bill, 2003 55. Government of West Bengal, Finance Department Notification Dated 8th July 2003 56. Government of Kerala’s Policy Regarding Setting Up of Special Economic Zones in the State 635 57. Government of Kerala, Taxes (E) Department, G.O. (P), Dated 31st December 1999 Appendix-I The Land Aquisition Act, 1894 646 Appendix II Comparative Statement of National Policy for Resettlement & Rehabilitation of Project Affected Families (NPRR-2003) & National Rehabilitation Policy (NRP-2006) Contributors