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MADHYA
PRADESH ACT
No.
23 of 2003
THE
INDORE SPECIAL ECONOMIC ZONE
(SPECIAL
PROVISIONS) ACT, 2003
PASSED
BY MADHYA PRADESH VIDHAN SABHA ON 28TH MARCH, 2003
MADHYA
PRADESH ACT
NO. 23 OF 2003
THE
INDORE SPECIAL ECONOMIC ZONE
(SPECIAL
PROVISIONS) ACT, 2003
Table of Contents
CHAPTER
I
PRELIMINARY
Clauses :-
1.
Short Title, extent and commencement
2.
Definitions
CHAPER
II
POWERS AND FUNCTIONS OF THE DEVELOPMENT COMMISSIONER
3. Powers and Functions of the Development Commissioner
4.
Development Commissioner to be Chief Conciliator
5. Nomination of officers to assist the Development
Commissioner
CHAPTER-III
THE
DEVELOPER OF THE ZONE
6.
Appointment of Developer
7. Land
for the Zone
CHAPTER IV
POWERS
AND FUNCTIONS OF THE DEVELOPER
8.
Functions of the Developer.
9.
Power of Developer in respect of land and levy of charges
10.
Provision for infrastructure or amenity by Developer
11.
Generation and supply of electricity
CHAPTER V
SPECIAL
ECONOMIC ZONE TO BE AN
INDUSTRIAL
TOWNSHIP
12.
Declaration of Zone to be Industrial Township Area
CHAPTER VI
EXEMPTION
FROM STATE TAXES, DUTIES,
CESS
AND LEVIES
13.
Exemption from State taxes, duties and cess
CHAPTER
VII
MISCELLANEOUS
14.
Act to override
other laws
15.
Protection of action taken in good faith
16.
Power to remove difficulties
17.
Power to make rules
18.
Power to make regulations
19.
Saving
MADHYA PRADESH ACT
NO.
23 OF 2003
THE INDORE SPECIAL ECONOMIC ZONE
(SPECIAL
PROVISIONS) ACT, 2003
An
ACT to provide for the development, operation, maintenance and
administration of Indore Special Economic Zone in the State of
Madhya Pradesh and for matters connected therewith.
Be it enacted by the Madhya Pradesh Legislature in the Fifty-fourth year
of the Republic of India, as follows, -
CHAPTER
I
PRELIMINARY
1.
Short Title, extent and commencement
(1)
This Act may be called the Indore Special Economic Zone (Special
Provisions) Act, 2003
(2)
It extends to the Indore Special Economic Zone.
(3)
It shall come into force on such date as the State Government may, by
notification appoint.
2.
Definitions - 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, education, transport, fire
fighting services, public parks, clubs, markets, shops and outlets
and such other facilities or services;
(b)
"Authority" means the Authority constituted under this Act;
(c)
"Co-developer" shall mean 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 Zone;
(d)
"Demarcation Structures" means walls, pillars or any other
structures defining boundary;
(e)
"Development Commissioner" means such officer as may be
notified as the Development Commissioner for the Zone by the State
Government;
(f)
"Developer" means a person who develops, builds, designs,
organizes, promotes, finances, operates, maintains or manages a
part or whole of the infrastructure and provides amenities in the
Zone;
(g)
"Domestic Tariff Area" for the purposes of this Act shall mean
the geographical area of the state of Madhya Pradesh excluding the
area of the Zone;
(h)
"Infrastructure" includes industrial, commercial, social or
residential infrastructure or any facility for the development of
the Special Economic Zone;
(i)
"Land" means any land situated within the Zone;
(j)
"Occupier" means a person who occupies a site or building
within a Special Economic Zone and includes his successors and
assignees;
(k)
"Off-Zone supplier" means a unit located outside the Zone,
providing goods or services or both to developer, co-developer,
occupier or resident;
(l)
"Operator" means a person engaged by the Developer for
providing Infrastructure or Amenity
in the Zone;
(m)
"Special Economic Zone" or "Zone" means the area
notified as Indore Special Economic Zone by the Central
Government;
(n)
"Unit" means an enterprise, or part thereof, which occupies
space within the Zone for carrying on business as approved by the
Development Commissioner; and
(o)
"Value Addition" includes any activity that brings about a
change in an article or articles as a result of some process,
treatment, and/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.
CHAPER
II
POWERS AND FUNCTIONS OF THE DEVELOPMENT COMMISSIONER
3.
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 all 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, licences, permissions and other authorizations as may
be delegated by the State Government or its agencies, for the
establishment and operation of Units in the Zone.
(3) Notwithstanding
anything contained in the Madhya Pradesh Nagar Tatha Gram Nivesh
Adhiniyam 1973 (No. 23 of 1973), 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 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 licences, permissions
and clearances granted by it;
(ii)
call any information required to supervise and monitor the conditions of
licence, permission or clearance from the unit; and
(iii)
take appropriate action for non-compliance of any of the terms and
conditions of any license, permission or clearance so granted
under the relevant State law.
4.
Development Commissioner to be Chief Conciliator
Notwithstanding
anything contained in the Madhya Pradesh Industrial Relations Act,
1960 (No. 27 of 1960), the Development Commissioner shall be the
Chief Conciliator for the purposes of this Act in respect of the
Zone.
5.
Nomination of officers to assist the Development
Commissioner
The State Government may nominate officers and experts
of any department or institution or organization as it may deem
fit to assist the Development Commissioner.
CHAPTER-III
THE
DEVELOPER OF THE ZONE
6.
Appointment
of Developer
(1)
The State Government shall appoint a Developer for the
purposes of development of the Zone.
(2)
The procedure for selection and appointment of Developer
shall be such as may be prescribed.
7.
Land for the Zone
(1)
The State Government may transfer land owned, acquired or
controlled by the State Government to the Developer on such terms
and conditions as the State Government may prescribe.
(2)
The Developer may acquire land independently from private
parties by purchase, lease or otherwise.
(3)
Notwithstanding anything contained in the Madhya Pradesh
Land Revenue Code 1959 all land located within the Zone and held
in Bhumiswami rights shall be deemed to have been diverted to non
agricultural purposes, as from the date of transfer of possession
of such land to the Developer.
CHAPTER IV
POWERS
AND FUNCTIONS OF THE DEVELOPER
8.
Functions of the Developer.
(1)The
Developer shall secure planned development of the Zone and provide
for the establishment, operation, maintenance and management of
the Zone infrastructure and amenities.
(2)Without
prejudice to the generality of the provisions of sub section(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, building or installations for industrial,
commercial, residential or other purposes subject to his own title
in relation to such plots of land, building or installations;
(d)
to regulate the erection of buildings and setting up of industries in
accordance with the plan as approved by the Development
Commissioner;
(e)
to develop, construct, install, operate, manage and maintain
infrastructure and amenities for providing services either by
itself or through any other person authorized by it, on its
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.
9.
Power of Developer in respect of land and levy of charges
(1) The Developer, may
fix rates for transfer of land, building or installations by way
of sale, lease, or otherwise from time to time.
(2) 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, installations or any other infrastructure from the
occupier thereof.
10.
Provision for infrastructure or amenity by Developer
(1)
The Developer may engage a co-developer, off-Zone supplier, operator, or
any other person for the purposes 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 collection of the charges for the
use of services to the agency providing the infrastructure or
amenity.
11.
Generation and supply of electricity
(1)
Notwithstanding anything contained in the Madhya Pradesh Vidyut Sudhar
Adhiniyam, 2000 (No. 4 of 2001) or any other State law dealing
with electricity, the following provisions shall apply to the
generation, transmission, distribution, supply, sale and use of
electricity in the Zone, namely, -
(i)
The Developer or Co-developer or any other person designated as such by
the Development Commissioner shall be deemed to be the Licensee to
undertake in the Zone, the activities of transmission,
distribution, supply and sale of electricity, with authority to
purchase the energy requirements in the Zone from such sources as
may be considered appropriate and conducive to the development of
the Zone.
(ii)
The Developer or the Co-developer or any other person designated as such
by the Development Commissioner shall be deemed to be permitted to
generate electricity for the purpose of supplying it within the
Zone.
(iii)
The Unit established in the Zone shall be entitled to generate
electricity either individually or in association with other Units
in the Zone for captive use and consumption of such Unit or Units
or sell and supply electricity to other units in the Zone.
(iv)
The tariff terms and conditions of the generation, transmission,
distribution, sale, supply and use of electrical energy in the
Zone shall be subject to such regulations as may be made by the
Development Commissioner.
(2)
The Development Commissioner shall perform functions and exercise powers
with regard to matters specified in sub section (1) in place of
the Madhya Pradesh Electricity Regulatory Commission constituted
under the Madhya Pradesh Vidyut Sudhar Adhiniyam 2000 (4 of 2001).
(3)
Save as provided in sub-sections (1) and (2) the Commission constituted
under the Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 (No.4 of
2001) and other concerned authorities connected with the operation
of the power system shall exercise all powers including but not
limited to safety, security and technical standards to be
maintained in the generation, transmission, distribution, supply,
sale and use of electricity in the Zone.
(4)
The provisions of levying electricity duty and cess under the Madhya
Pradesh Electricity Duty Act 1949 (9 of 1949) and Madhya Pradesh
Upkar Adhiniyam 1981 (1 of 1982) shall not be applicable to sale
or supply of electricity to the Zone and generation, transmission,
distribution and consumption within the Zone.
CHAPTER V
SPECIAL
ECONOMIC ZONE TO BE AN
INDUSTRIAL
TOWNSHIP
12. Declaration
of Zone to be Industrial Township Area
Notwithstanding
anything contained in the Madhya Pradesh Municipalities Act 1961
or Madhya Pradesh Municipal Corporation Act, 1956 -
(i)
The Special Economic Zone may be notified as an Urban Area;
(ii)
The Governor may, having regard to the size of the area and
Municipal services being provided or proposed to be provided in
the Zone, by the Developer, by notification, specify the zone to
be an industrial township;
(iii) The State Government may appoint an Authority for the
zone vested with such powers and functions, as may be prescribed.
CHAPTER VI
EXEMPTION
FROM STATE TAXES, DUTIES,
CESS
AND LEVIES
13. Exemption
from State taxes, duties and cess
(1)
The following shall be exempt from payment of any tax, duty, fees, cess
or any other levies under any State law namely; -
(i)
any goods exported out of or imported into the Zone;
(ii)
inter Unit transactions of goods within the Zone;
(iii) goods from the Zone sent for value addition to the
Domestic tariff area and returned to the Zone thereafter;
and
(iv) services that provide value addition to a product within the Zone.
(2)
All transactions and transfers of immovable property or
documents related thereto within the Zone shall be exempt from
stamp duty.
CHAPTER
VII
MISCELLANEOUS
14. Act to override other laws
The
provisions of this Act shall have effect notwithstanding anything
contrary contained in any other State law for the time being in
force.
15. Protection
of action taken in good faith
No
suit, prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or intended to be
done in pursuance of this Act or rules made there under.
16. Power to remove difficulties
(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 two years
from the date of coming into force of this Act.
(2)
Every order made under this section shall be laid on the table of the
legislative assembly.
17. Power
to make rules
(1) The State Government may, by notification, make rules to carry out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing powers such rules may provide for all or any of the
following matters, namely: -
(i)
the procedure for the selection and appointment of
Developer;
(ii)
the powers and functions of the State Government and its
agencies to be delegated to the Development Commissioner;
(iii)
the norms for construction and maintenance of demarcation
structures; and
(iv)
any other matter which has to be or maybe prescribed.
(3) All rules made under this Act shall be laid on the table of the
legislative assembly.
18. Power
to make Regulations
(1)
The Development Commissioner may make regulations not inconsistant
with this Act and the rules made thereunder for the purpose of
giving effect to the provisions of this Act.
(2)
In particular and without prejudice to the generality of the
foregoing powers such regulations may provide for the following
matters, namely: -
(a)
all matters expressly required by this Act to be prescribed
by regulations under sub-section (3) of section 3;
(b) the terms and conditions
of the generation, transmission, distribution sale, supply and use
of electrical energy under section 11;
and
(c) the
fixation of electricity tariff under section 11.
19. Saving of operation of other laws
Nothing
in this act shall affect -
(i) any right, privilege,
obligation or liability acquired,
accrued or incurred under any other law;
(ii)
any penalty, forfeiture, or punishment incurred under any other law;
(iii)
any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability; and
any
such investigation, legal proceeding or remedy may be instituted,
continued or enforced and any such penalty, forfeiture or
punishment may be imposed, as if this Act had not been passed.
STATEMENT
OF OBJECT AND REASONS
With a view to provide stable policy for investment in the
Indore Special Economic Zone, it has been decided to enact a
suitable legislation. The
proposed legislation will attract investors by facilitating the
development of world class infrastructure for making the products
competitive in the international market and will also facilitate
investments and creation of opportunities for employment for the
people of the State.
Hence
this Act.
Member-in-charge
Bhopal,
Dated:
28.3.2003
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