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TMI BlogThe Special Economic Zones (SEZ) Rules, 2003 has been rescinded vide Notification No. 13/2007-Cus.,(NT) dt. 21.2.2007X X X X Extracts X X X X X X X X Extracts X X X X ..... activity of manufacture, production, processing, assembling, trading, repair, re-making, reconditioning, re-engineering, packaging of goods in such zone or any activity in connection therewith or carrying out any activity for rendering of any service, or export of such goods, or service from such zone; (c) "developer" means a person engaged in development or operation or maintenance of special economic zone or in providing public utility services within the special economic zone, duly permitted by the Commissioner of Customs and includes any other person authorised by any such developer for such purpose; (d) " domestic tariff area" means an area within India but does not include special economic zones; (e) " Export and Import Policy" means the Export and Import Policy notified from time to time by the Central Government, in the Ministry of Commerce and Industry under section 5 of Foreign Trade ( Development and Regulation) Act, 1992 ( 22 of 1992); (f) "non-processing area" means an area of the special economic zone, but does not include processing area; (g) "processing area" means an area, designated by the Commissioner of Customs, in the special economic z ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toms duty. (4) Hazardous goods may be admitted into specially designated areas or installations, of special economic zone subject to such safeguards as may be specified by the Commissioners of Customs. (5) All documents for admission of goods in an special economic zone by the special economic zone unit or developer shall be filed before the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, of the zone. (6) The developer shall have a clear demarcated area in the special economic zone, where goods imported or procured from domestic tariff area by the developer for carrying out authorised operations shall be kept for inspection by customs officers, before such goods are brought into use. 6. Movement of goods out of special economic zone.- All documentation for exit of the goods from the special economic zone may be filed by the domestic tariff area buyer or on behalf of domestic tariff area buyer by the special economic zone unit or developer, as the case may be, before the Assistant Commissioner of Customs or Deputy Commissioner of Customs of the zone, as the case may be. 7. Authorized operations. (1) There shall be allowe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one without payment of duty. (3) In case of goods removed from a special economic zone unit on payment of duty to the domestic tariff area and brought back to the same unit for purpose of repair within a period of six month from the date of clearance, or such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may allow, the same shall be allowed to be removed from special economic zone unit after such repair, on payment of duty on the value of repairs, subject to the condition that identity of the goods is established to the satisfaction of Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be. 10. Temporary removal of goods to the domestic tariff area without payment of duty. - The following goods may be allowed to be removed temporarily from a special economic zone to the domestic tariff area without payment of duty subject to the regulation made in this behalf, namely:- (i) capital goods and parts thereof for repairs and return thereof, (ii) goods for display, export promotion, exhibition and return thereof, (iii) goods for jobwork, test, repair, refining and calib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oy within such zone, subject to the condition that - (i) in case of destruction of goods procured from domestic tariff area, the special economic zone unit shall be required to pay back the export benefits taken by the domestic tariff area supplying unit or taken by the special economic zone unit on the basis of disclaimer from domestic tariff area unit; and (ii) in case of gems and jewellery item, no such destruction shall be allowed in respect of precious and semi-precious stones and precious metals to the special economic zone unit; Explanation.- For the purposes of this rule, export benefit includes drawback, duty entitlement passbook scheme, rebate, advance license, or counting of proceeds as export earnings or counting proceeds as fulfillment of export obligation under any scheme. 13. Maintenance of accounts.- (1) There shall be maintained in every special economic zone unit accounts, financial year-wise, in the form convenient to them, at least under the following heads, namely:- (i) inflow of all foreign exchange by way of exports and other receipts; (ii) outflow of all foreign exchange on account of imports and on account of dividend, royalty, fees, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment of India in the Ministry of Finance (Department of Revenue,) issued under section 28AB of the said Act in this regard and for the time being in force, from the date of duty free import or procurement from domestic tariff area of the said goods till the date of payment of such duty. (2). The duty payable, as referred to in sub-rule (1), shall be equal in amount to the duty leviable on such goods but for the exemption contained in section 76E of the Act and the duty so payable shall bear the same proportion as the unachieved portion of the stipulated net foreign exchange earning bears to the stipulated net foreign exchange earning to be achieved. 16. Duration of stay.- Goods admitted to a special economic zone shall be utilized in accordance with rule 7 or exported or disposed of in term of the provisions of these rules, within a period of five years from the date of admission of such goods, or such extended period as may be allowed by the Commissioner of Customs, for reasons to be recorded in writing, as the case may be, failing such disposal, it shall be liable in respect of special economic zone unit or on developer to pay duty along with interest at the rate as s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itored by the Commissioner of Customs of the zone in the interest of safeguarding the duty. 20. Closure of special economic zone. - In the event of closure of a special economic zone,- (a) goods admitted into a special economic zone unit duty free within such special economic zone and lying unutilised as well as goods produced or manufactured in such special economic zone unit, shall be either exported or duty shall be paid as if the goods have been removed for home consumption under clause (b) of section 76 F of the Act, within a period of three months from such closure: Provided that in case of used capital goods, abatement of duties of customs shall be available in accordance with the provisions of sub-rule (1) of rule 9. (b) any goods imported or procured from domestic tariff area by the developer of the special economic zone for development of zone and all such goods allowed admission to the special economic zone for maintenance, operation of the special economic zone and for providing public utility services in the special economic zone, shall be either exported or removed for home consumption on payment of applicable duties within a period of six months from s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligors to remove the said goods or goods manufactured or produced from the said unit without payment of duty and despatch the same by air, sea, rail or road, courier or post for export to foreign countries without payment of duty and when required bonafide to do so, or to other export oriented undertaking or to electronic hardware technology park unit or to software technology park unit or to other special economic zone unit subject to the prescribed conditions set out for the due arrival of the said goods at the said export oriented undertaking, or a the electronic hardware technology park unit or at the software technology park unit or at the special economic zone unit. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligor to remove the goods imported or sourced domestically or goods partially manufactured or processed therefrom to any other place in India without payment of duty subject to such conditions and limitations as may be specified by him, for the purpose of test, repairs, calibration, re-engineering, re-conditioning or d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arehouse evidence to his satisfaction with a period of three months from the date of despatch from any warehouse or unit that the said goods have duly arrived at the unit in the special economic zone. 5. We, the obligors, shall be wholly and solely responsible for ensuring that there shall be no pilferage during transit of the said goods when dispatched from the place of Import, the factory of manufacture or from the warehouse to the unit in the special economic zone and vice versa and we, the obligors, shall pay the duty on pilfered goods, if any. 6. We, the obligors, shall maintain detailed accounts of all goods used in the manufacturing processes and operations in proper from including of those remaining in stock and those sent outside the special economic zone in the domestic tariff area under our obligation, and shall produce such accounts for inspection of the proper officer or Assistant Commissioner of Customs or Deputy Commissioner of Customs or such other delegated authority as the case may be, when directed by him. 7. We, the obligor, shall achieve positive net foreign exchange earning and fulfill other conditions stipulated in the Customs Act, Rules and Regulations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the surety hereunder shall not be impaired or discharged by reason of any time being granted or any forbearance, act or omission of the Government (whether with or without the knowledge or the consent of the surety) in respect of or in relation to the obligation and condition to be performed or discharged by the obligor(s) nor shall it be necessary to sue the obligor(s) before suing the surety for amounts hereunder. AND the President of India shall, at his option, be competent to make good all the loss and damages from the amount of the security deposit or by endorsing his rights under the above written bond or both; I/WE further declare that this bond is given under the orders of the Central Government in the performance of an act in which the public are interested; In these presents the words imposing singular only shall also include the plural and vice versa where the context so requires; IN WITNESS WHEREOF these presents have been signed this day…………………of……………20__ hereinbefore written by the obligor(s) and the surety (ies). Place Date Signature of the Obligor Name and Resi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puty Commissioner of Customs, without payment of duty. AND WHEREAS the said Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligor to clear duty free imported goods from ports or airports or inland container depots or specified land custom stations or customs warehouses or international exhibition held in India, as the case may be, for admission into the special economic zone. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligor to remove the goods imported or sourced domestically to the any other place in India without payment of duty subject to such conditions and limitations as may be specified by him for the purpose of test, repairs, calibration, re-engineering, re-conditioning and to be returned to the special economic zone thereafter. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted provisional assessment of goods brought into the special economic zone or manufactured by the above Obligors from time to time which could not be finalised for want of full information as regard to value description or quality or the proof thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f manufacture or from the warehouse to the special economic zone and vice versa and we, the obligors, shall pay the duty on pilfered goods, if any. 6. We, the obligors, shall maintain detailed accounts of all goods imported, procured from domestic tariff area, consumed and utilised in proper from including of those remaining in stock and those sent temporarily outside the special economic zone in the domestic tariff area under our obligation, and shall produce such accounts for inspection of the proper officer or Assistant Commissioner of Customs or Deputy Commissioner of Customs or such other delegated authority as the case may be, when directed by him. 7. We, the obligor, shall fulfill other conditions stipulated in the Customs Act, Rules and Regulations, and Export and Import Policy as amended from time to time. 8. We, the obligors, shall comply with the conditions and limitations stipulated, in the Export and Import Policy as amended from time to time or by the Assistant Commissioner of Customs or Deputy Commissioner of Custom permitting the goods admitted in the unit in the special economic zone or the articles manufactured or package therefrom to be taken outside the sp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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