Section 126 - Insertion of new Chapter XA - Finance Act, 2002

126. Insertion of new Chapter XA.- After Chapter X of the Customs Act, the following Chapter shall, with effect from such date as may be appointed by the Central Government, by notification in the Official Gazette, be inserted, namely:- "CHAPTER XA SPECIAL PROVISIONS RELATING TO SPECIAL ECONOMIC ZONE 76A. Notification of special economic zone- The Central Government may, by notification in the Official Gazette, specify special economic zones comprising specifically delineated areas where any goods admitted shall be regarded, in so far as duties of customs are concerned, as being outside the customs territory of India as provided in this Chapter. 76B. Application of provisions- The provisions of this Chapter and other Chapters shall apply to goods admitted to a special economic zone but in the event of conflict between the provisions of this Chapter and other Chapters, the provisions of this Chapter shall prevail. 76C. Establishment and control- (1) The Central Government may make rules specifying the requirements relating to goods or class of goods admissible to a special economic zone, the nature of operations to' which such goods or class of goods may be subjected to, the conditions to be fulfilled and me procedures to be followed in this regard. (2) The Board may specify, in the regulations made in this behalf, arrangements for customs control in a special economic zone. (3) The proper officer shall have the right to carry out checks, at any time, on the goods kept or stored in a special economic zone. 76D. Admission of goods-Subject to such conditions as may be specified in the rules made in this behalf, any goods imported directly from outside India or procured from within India shall be authorised for admission to a special economic zone. 76E. Exemption from duties of customs- Without prejudice to the provisions of sections 76F, 76G and 76H, any goods admitted to a special economic zone shall be exempt from duties of customs. 76F. Levy of duties of customs- Subject to the conditions as may be specified in the rules made in this behalf,- (a) any goods admitted to a special economic zone from the domestic tariff area shall be chargeable to export duties at such rates as are leviable on such goods when exported; (b) any goods removed from a special economic zone for home consumption shall be chargeable to duties of customs including anti-dumping, countervailing and safeguard duties under the Customs Tarrif Act, 1975, where applicable, as leviable on such goods when imported; and (c) the rate of duty and tariff valuation, if any, applicable to goods admitted to, or removed from, a special economic zone shall be the rate and tariff valuation in force as on the date of such admission or removal, as the case may be, and where such date is not ascertainable, on the date of payment of the duty. 76G. Authorised operations- All goods admitted lo a special economic zone shall undergo such operations including processing or manufacturing as may be specified in the rules made in this behalf. 76H. Goods utilized within a special economic zone- (1) The Central Government may make rules in this behalf to enumerate the cases in which goods to be utilised inside a special economic zone may be admitted free of duties of customs and lay down the requirements which shall be fulfilled. (2) Goods utilised contrary to the provisions of rules made under sub-section (1) shall be chargeable to duties of customs in the same manner as provided under clause (b) of section 76F as if they have been removed for home consumption. 76I. Drawback on goods admitted to a special economic zone- Any goods admitted to a special economic zone from the domestic tariff area for the purposes authorised under this Chapter shall be eligible for drawback under section 75 as if such goods are export goods for the purposes of that section. 76J. Duration of stay- Any goods admitted to a special economic zone shall not be allowed to remain within such zone beyond such time as may be specified in the rules made in this behalf. 76K. Security- Any goods admitted free of duty to a special economic zone or goods under transhipment to and from such zone without payment of duty shall be subject to execution of such bond and such surety or security as" may be specified in the rules made in this behalf. 76L. Transfer of ownership- Any goods admitted to, or produced or manufactured in, a special economic zone shall be allowed for transfer of ownership subject to such conditions as may be specified in the rules made in this behalf. 76M. Removal of goods- Any goods admitted to, or produced or manufactured in, a special economic zone may be removed in accordance with such procedure as may be specified in the rules made in this behalf. 76N. Closure of a special economic zone- In the event of closure of a special economic zone by the Central Government, by notification in the Official Gazette, the goods admitted to, or produced or manufactured in, such zone shall be removed within such time and in such manner as may be specified in the rules made in this behalf.".