Special Economic Zones (Amendment) Rules, 2013 - C.2/1/2013-SEZ - Special Economic Zone

[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (II)] Government of India Ministry of Commerce and Industry (Department of Commerce) New Delhi, dated the 12/08/2013 Notification S.O. 540(E) : - In exercise of the powers conferred by section 55 of the Special Economic Zones Act, 2005 (28 of 2005), the Central Government hereby makes the following rules further to amend the Special Economic Zones Rules, 2006 , namely:- 1. (1) These rules may be called the Special Economic Zones (Amendment) Rules, 2013. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Special Economic Zones Rules, 2006 (herein after referred to as the principal rules), in rule 2, in sub-rule (1), in clause (x), the following proviso shall be inserted, namely:- "Provided that various categories comprising their respective products or services, similar or compatible with each other, including related ancillary services and Research and Development services of the sector and additional combination of products and services of a similar or compatible nature as approved by the Board of Approval shall constitute a single sector;" 3. In rule 5 of principal rules, in sub-rule (2),- (i) in clause (a),- (A) for the words "one thousand hectares", the words "five hundred hectares" shall be substituted; (B) in the first proviso, for the words "two hundred hectares", the words "one hundred hectares" shall be substituted; (ii) for clause (b), the following clause shall be substituted, namely:- "(b)(i) A Special Economic Zone for a specific sector or for one or more services or in a port or airport, shall have a contiguous area of fifty hectares or more: Provided that for each contiguous fifty hectare land,- (A) in a Special Economic Zone; or (B) which is added to the Special Economic Zone, an additional sector may be allowed: Provided that the additional land requirement for an additional sector in a Special Economic Zone for a specific sector or for one or more services as per first proviso will be twenty five hectares when the Special Economic Zone is proposed to be set up in Assam, Meghalaya, Nagaland, Arunachal Pradesh, Mizoram, Manipur, Tripura, Himachal Pradesh, Uttarakhand, Sikkim, Jammu and Kashmir, Goa or in a Union territory. (ii) There shall be no minimum area requirement for setting up a Special Economic Zone for Information Technology or Information Technology Enabled Services, but a minimum built up processing area requirement shall be applicable, based on the category of cities, as follows:- Table Category of cities as per Annexure IVA Minimum built up area requirement Category `A' 1,00,000 sq mts Category `B' 50,000 sq mts Category `C' 25,000 sq mts Provided that for a Special Economic Zone proposed to be set up exclusively for electronics hardware and software (including information technology enabled services) the area shall be ten hectares or more as well as a minimum built up processing area requirement as applicable for a Special Economic Zone for Information Technology or Information Technology Enabled Services, based on the category of cities, referred to in the Table: Provided further that in case a Special Economic Zone is proposed to be set up exclusively for handicrafts, the area shall be ten hectares or more: Provided also that in case a Special Economic Zone is proposed to be set up exclusively for bio-technology, non-conventional energy, including solar energy equipments or cell, or gems and jewellery sectors, agro-based food processing, the area shall be ten hectares or more with a minimum built up area as under: (i) forty thousand square meters in case of a Special Economic Zone proposed to be set up exclusively for bio-technology and nonconventional energy sectors, including solar energy equipments or cells and agro-based food processing sector but excluding a Special Economic Zone set up for non-conventional energy production and manufacturing; (ii) fifty thousand square meters in case of a Special Economic Zone proposed to be set up exclusively for the gems and jewellery sector: Provided also that in case a Special Economic Zone for a specific sector is proposed to be set up in Assam, Meghalaya, Nagaland, Arunachal Pradesh, Mizoram, Manipur, Tripura, Himachal Pradesh, Uttarakhand, Sikkim, Jammu and Kashmir, Goa or in a Union territory, the area shall be twenty five hectares or more for the Special Economic Zones not covered under the first, second and third provisos: Provided also that in respect of Special Economic Zones (other than Information Technology or Information Technology Enabled Services Special Economic Zones) located in B 1 category cities as per classification indicated in Annexure-IV, the minimum built up area shall be fifty per cent of the area specified above and in respect of Special Economic Zones located in B2 category cities as indicated in Annexure IV, the minimum built up area shall be twenty five per cent of such area specified above: Provided also that Board of Approval may allow additional sectors in the category where the minimum land area requirement is ten hectares: Provided also that not less than fifty per cent of such area shall be earmarked for developing processing area. (iii) in clause (c), for the words "one thousand" the words "five hundred" shall be substituted. 4. In rule 11 of the principal rules, in sub-rule (11), after second proviso, the following proviso shall be inserted, namely:- "Provided also that addition or inclusion of any land to an existing Special Economic Zone , where such land contains a port, manufacturing unit, or structures in which no commercial, industrial or economic activity is in progress, then such Special Economic Zone shall not be eligible for any duty benefits in respect of the pre-existing structures but any additions or up-gradations to such existing ports, manufacturing units, or structures after their addition or inclusion in a Special Economic Zone shall be eligible for the fiscal incentives as applicable for a new infrastructure in a Special Economic Zone and also the authorised operations being carried on in such infrastructure shall be eligible for benefits as provided for under the Special Economic Zone Act and rules." 5. In rule 19 of principal rules, in sub-rule (2), in the third proviso, for the words, "provided also that", the words "provided also that, subject to the provisions of rule 74A," shall be substituted. 6. After rule 74 of principal rules, , the following rule shall be inserted, namely:- "74A.Transfer of Assets by Special Economic Zone Units upon their exit.- The Unit may opt out of Special Economic Zone by transferring its assets and liabilities to another person by way of transfer of ownership including sale of Special Economic Zone units subject to the following conditions:- (i) the Unit has held a valid Letter of Approval as well as lease of land for not less than a period of five years on the date of transfer; (ii) the unit has been operational for a minimum period of two years after the commencement of production as on the date of transfer ; (iii) such sale or transfer transactions shall be subject to the approval of the Approval Committee; (iv) the transferee fulfils all eligibility criteria applicable to a Unit; and (v) the applicable duties and liabilities, if any, as calculated under rule 74 , as well as export obligations of the transferor Unit, if any, shall stand transferred to the transferee Unit which shall be under obligation to discharge the same on the same terms and conditions as the transferor Unit.". 7. In the principal rules, after Annexure IV, the following Annexure shall be inserted, namely:- "Annexure IVA (Refer sub-rule 2(ba) of rule 5 ) CLASSIFICATION OF CITIES City classification Category A 1 Greater Mumbai 2 Delhi NCR 3 Kolkata 4 Chennai 5 Bengaluru 6 Hyderabad 7 Pune Category B' 1 Ahmedabad 2 Bhubaneswar 3 Chandigarh 4 Coimbatore 5 Indore 6 Jaipur 7 Kochi 8 Lucknow 9 Madurai 10 Mangalore 11 Nagpur 12 Thiruvananthapuram 13 Tiruchirappali 14 Vadodara 15 Visakhapatnam Category C All other cities All other cities [F. No. C.2/1/2013-SEZ] (Rajeev Arora) Joint Secretary to the Government of India Note :- The principal rules were published in the Gazette of India, Extraordinary vide number G.S.R. 54 (E), dated the 10th February, 2006 and last amended vide G.S.R. 982 (E) dated the 16th December, 2010.