THE GUJARAT SPECIAL ECONOMIC ZONE ACT, 2004

{
    "id": 658,
    "slug": "gujarat-special-economic-zone-act-2004",
    "title": "THE GUJARAT SPECIAL ECONOMIC ZONE ACT, 2004",
    "short_title": "The Gujarat Special Economic Zone Act, 2004",
    "act_number": "11",
    "act_year": 2004,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "valid",
    "enactment_date": "2004-03-30",
    "description": "The Gujarat Special Economic Zone Act, 2004",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "GUJARAT ACT NO. 11 OF 2004.\n(First published, after having received the assent of the President in the “Gujarat Government Gazette”, on the 30th March, 2004).\nAn Act to provide for the establishment, operation, maintenance, management and administration of Special Economic Zones in the State of Gujarat and for matters connected therewith or incidental thereto.\nIt is hereby enacted in the Fifty-fifth Year of the Republic of India as follows:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "CHAPTER I - PRELIMINARY",
            "chapter": "CHAPTER I",
            "content": "CHAPTER I\nPRELIMINARY",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement",
            "chapter": null,
            "content": "1. (1) This Act may be called the Gujarat Special Economic Zone Act, 2004.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1",
            "title": "Section 1(2)",
            "chapter": null,
            "content": "(2) It extends to the whole of the State of Gujarat.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "1",
            "title": "Section 1(3)",
            "chapter": null,
            "content": "(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "2",
            "title": "Section 2. Definitions",
            "chapter": null,
            "content": "2. In this Act, unless the context otherwise requires,-",
            "footnote": "",
            "is_definition": true,
            "sort_order": 50
        },
        {
            "number": "2",
            "title": "Section 2(a)",
            "chapter": null,
            "content": "(a) “Co-developer” means a person who has been allocated land or infrastructure facility in the Zone by the Developer for the purpose of development, operation or maintenance of the Zone or a part thereof, in accordance with the agreement entered into between the Developer and the Co-developer;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 60
        },
        {
            "number": "2",
            "title": "Section 2(b)",
            "chapter": null,
            "content": "(b) “Development Commissioner” means the Development Commissioner of the Zone appointed by the Government of India;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 70
        },
        {
            "number": "2",
            "title": "Section 2(c)",
            "chapter": null,
            "content": "(c) “Developer” means a person or body of persons, company, firm, association, a joint venture or a Government agency, designated as Developer under section 3 to establish, operate, maintain, manage and administer the Zone;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 80
        },
        {
            "number": "2",
            "title": "Section 2(d)",
            "chapter": null,
            "content": "(d) “Domestic Tariff Area” means an area within the State but outside the Special Economic Zone;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 90
        },
        {
            "number": "2",
            "title": "Section 2(e)",
            "chapter": null,
            "content": "(e) “infrastructure facilities” means industrial, commercial or social infrastructure or any other facility, which is necessary for the development, operation and maintenance of the Zone and includes any other facility as may be prescribed;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 100
        },
        {
            "number": "2",
            "title": "Section 2(f)",
            "chapter": null,
            "content": "(f) “operator” means a person appointed by the Developer or Co-developer, as the case may be, to operate and maintain any infrastructure facility in the Zone;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 110
        },
        {
            "number": "2",
            "title": "Section 2(g)",
            "chapter": null,
            "content": "(g) “prescribed” means prescribed by rules made under this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 120
        },
        {
            "number": "2",
            "title": "Section 2(h)",
            "chapter": null,
            "content": "(h) “Special Economic Zone Authority” means the Special Economic Zone Authority constituted under section 4;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 130
        },
        {
            "number": "2",
            "title": "Section 2(i)",
            "chapter": null,
            "content": "(i) “Unit” means a corporate body, firm, association or a person establishing a business enterprise in the Zone and includes a Developer, Co-developer and an operator;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 140
        },
        {
            "number": "2",
            "title": "Section 2(j)",
            "chapter": null,
            "content": "(j) “Zone” means the Special Economic Zone established under section 3.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 150
        },
        {
            "number": "17",
            "title": "CHAPTER II - ESTABLISHMENT OF SPECIAL ECONOMIC ZONE",
            "chapter": "CHAPTER II",
            "content": "CHAPTER II\nESTABLISHMENT OF SPECIAL ECONOMIC ZONE",
            "footnote": "",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "3",
            "title": "Section 3. Establishment of Zone and appointment of Developer",
            "chapter": null,
            "content": "3. (1) The State Government may, on an application made by any person or corporate body or on its own motion, identify an area for establishment of a Special Economic Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "3",
            "title": "Section 3(2)",
            "chapter": null,
            "content": "(2) An area identified under sub-section (1) may be developed, operated, maintained, managed and administered by a Developer designated as such by the State Government or by the Government of India.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "3",
            "title": "Section 3(3)",
            "chapter": null,
            "content": "(3) The State Government may, after designating the Developer, recommend the proposal for establishment of the Zone to the Government of India.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "21",
            "title": "CHAPTER III - CONSTITUTION AND POWERS OF THE SPECIAL ECONOMIC ZONE AUTHORITY",
            "chapter": "CHAPTER III",
            "content": "CHAPTER III\nCONSTITUTION AND POWERS OF THE SPECIAL ECONOMIC ZONE AUTHORITY",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "4",
            "title": "Section 4. Constitution of Special Economic Zone Authority",
            "chapter": null,
            "content": "4. (1) The State Government shall, by notification in the Official Gazette, constitute an Authority for every Zone to be called the............ (Name of the Zone) Special Economic Zone Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "4",
            "title": "Section 4(2)",
            "chapter": null,
            "content": "(2) The Special Economic Zone Authority shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "4",
            "title": "Section 4(3)",
            "chapter": null,
            "content": "(3) The Special Economic Zone Authority shall consist of the following members, namely:-\n(a) The Development Commissioner of the Zone - Chairperson, ex-officio;\n(b) Two officers of the State Government to be nominated by the State Government - Members;\n(c) Two representatives of the Developer of the Zone to be nominated by the Developer - Members;\n(d) One representative of the Units in the Zone to be nominated by the State Government - Member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "4",
            "title": "Section 4(4)",
            "chapter": null,
            "content": "(4) An officer of the Special Economic Zone Authority to be appointed by the State Government in consultation with the Chairperson shall be the Chief Executive Officer and ex-officio Member-Secretary of the Special Economic Zone Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "5",
            "title": "Section 5. Functions and powers of Special Economic Zone Authority",
            "chapter": null,
            "content": "5. (1) Subject to the provisions of this Act, the Special Economic Zone Authority shall manage and administer the Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "5",
            "title": "Section 5(2)",
            "chapter": null,
            "content": "(2) Without prejudice to the generality of the provisions of sub-section (1), the Special Economic Zone Authority shall perform the following functions and exercise the following powers, namely:-\n(a) to approve plans for development of the Zone;\n(b) to promote investment in the Zone;\n(c) to facilitate and provide civic amenities and infrastructure facilities in the Zone;\n(d) to allot land or infrastructure facilities to Units in the Zone;\n(e) to supervise and monitor the development, operation and maintenance of the Zone;\n(f) to collect fees and service charges for any services rendered or facilities provided in the Zone;\n(g) to perform such other functions and exercise such other powers as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "6",
            "title": "Section 6. Chief Executive Officer",
            "chapter": null,
            "content": "6. (1) The Chief Executive Officer of the Special Economic Zone Authority shall execute the decisions of the Special Economic Zone Authority and perform such other functions as may be assigned to him by the Special Economic Zone Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "6",
            "title": "Section 6(2)",
            "chapter": null,
            "content": "(2) The Chief Executive Officer shall assist the Development Commissioner in the discharge of his duties and functions under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 280
        },
        {
            "number": "30",
            "title": "CHAPTER IV - INFRASTRUCTURE FACILITIES",
            "chapter": "CHAPTER IV",
            "content": "CHAPTER IV\nINFRASTRUCTURE FACILITIES",
            "footnote": "",
            "is_definition": false,
            "sort_order": 290
        },
        {
            "number": "7",
            "title": "Section 7. Infrastructure facilities in the Zone",
            "chapter": null,
            "content": "7. (1) The Developer or Co-developer, as the case may be, shall develop, operate and maintain infrastructure facilities in the Zone in accordance with the plans approved by the Special Economic Zone Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 300
        },
        {
            "number": "7",
            "title": "Section 7(2)",
            "chapter": null,
            "content": "(2) The Developer or Co-developer may appoint an operator to operate and maintain any infrastructure facility in the Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 310
        },
        {
            "number": "7",
            "title": "Section 7(3)",
            "chapter": null,
            "content": "(3) The Developer, Co-developer or operator, as the case may be, may collect user charges or fees from the users of infrastructure facilities in the Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 320
        },
        {
            "number": "8",
            "title": "Section 8. Generation and distribution of electricity",
            "chapter": null,
            "content": "8. (1) The Developer, Co-developer or any person authorized by them may establish, operate and maintain a generating station and distribution system in the Zone for supply of electricity to the Units in the Zone, subject to the provisions of the Electricity Act, 2003.",
            "footnote": "36 of 2003",
            "is_definition": false,
            "sort_order": 330
        },
        {
            "number": "8",
            "title": "Section 8(2)",
            "chapter": null,
            "content": "(2) The Developer, Co-developer or authorized person, as the case may be, shall be deemed to be a licensee for the purpose of distribution of electricity within the Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 340
        },
        {
            "number": "9",
            "title": "Section 9. Water supply and sewerage system",
            "chapter": null,
            "content": "9. (1) The Developer or Co-developer shall ensure adequate water supply and establish an efficient sewerage and drainage system in the Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 350
        },
        {
            "number": "9",
            "title": "Section 9(2)",
            "chapter": null,
            "content": "(2) The Developer or Co-developer may source water from any water source outside the Zone or establish water desalination or treatment plants within the Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 360
        },
        {
            "number": "38",
            "title": "CHAPTER V - FISCAL INCENTIVES AND CONCESSIONS",
            "chapter": "CHAPTER V",
            "content": "CHAPTER V\nFISCAL INCENTIVES AND CONCESSIONS",
            "footnote": "",
            "is_definition": false,
            "sort_order": 370
        },
        {
            "number": "10",
            "title": "Section 10. Exemption from State taxes, duties and fees",
            "chapter": null,
            "content": "10. (1) Subject to the provisions of sub-section (2), every Developer, Co-developer and Unit shall be entitled to the following exemptions, namely:-\n(a) exemption from payment of sales tax, purchase tax, value added tax, turnover tax or any other tax on the sale or purchase of goods, if such goods are meant for development, operation, maintenance or business in the Zone;\n(b) exemption from payment of stamp duty and registration fees payable on deeds or documents executed for transfer of land, loan agreements or any other transaction in relation to the Zone;\n(c) exemption from payment of electricity duty on the generation, transmission or consumption of electricity in the Zone;\n(d) exemption from payment of luxury tax, entertainment tax or any other state tax as may be specified by notification in the Official Gazette.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 380
        },
        {
            "number": "10",
            "title": "Section 10(2)",
            "chapter": null,
            "content": "(2) The exemptions under sub-section (1) shall be subject to such conditions and guidelines as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 390
        },
        {
            "number": "41",
            "title": "CHAPTER VI - LABOUR REFORMS",
            "chapter": "CHAPTER VI",
            "content": "CHAPTER VI\nLABOUR REFORMS",
            "footnote": "",
            "is_definition": false,
            "sort_order": 400
        },
        {
            "number": "11",
            "title": "Section 11. Application of labour laws to the Zone",
            "chapter": null,
            "content": "11. (1) All labour laws for the time being in force in the State shall apply to the Zone, subject to the modifications specified in the Schedule.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 410
        },
        {
            "number": "11",
            "title": "Section 11(2)",
            "chapter": null,
            "content": "(2) The State Government may, by notification in the Official Gazette, designate the Development Commissioner or any officer subordinate to him as the authority to exercise the powers and perform the functions of an inspector or conciliation officer under any labour law in relation to the Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 420
        },
        {
            "number": "12",
            "title": "Section 12. Public Utility Service",
            "chapter": null,
            "content": "12. Every industry or establishment in the Zone shall be deemed to be a public utility service for the purposes of the Industrial Disputes Act, 1947.",
            "footnote": "14 of 1947",
            "is_definition": false,
            "sort_order": 430
        },
        {
            "number": "45",
            "title": "CHAPTER VII - MISCELLANEOUS",
            "chapter": "CHAPTER VII",
            "content": "CHAPTER VII\nMISCELLANEOUS",
            "footnote": "",
            "is_definition": false,
            "sort_order": 440
        },
        {
            "number": "13",
            "title": "Section 13. Single Window Clearance System",
            "chapter": null,
            "content": "13. (1) The State Government shall establish a Single Window Clearance System for the Zone to facilitate time-bound clearances, licenses, approvals and registrations required under various State laws.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 450
        },
        {
            "number": "13",
            "title": "Section 13(2)",
            "chapter": null,
            "content": "(2) The Development Commissioner shall be the chief coordinator for the Single Window Clearance System in the Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 460
        },
        {
            "number": "14",
            "title": "Section 14. Protection of action taken in good faith",
            "chapter": null,
            "content": "14. No suit, prosecution or other legal proceeding shall lie against the Chairperson, Member-Secretary, members or any officer or employee of the Special Economic Zone Authority or the State Government for anything done or intended to be done in good faith under this Act or the rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 470
        },
        {
            "number": "15",
            "title": "Section 15. Power to make rules",
            "chapter": null,
            "content": "15. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 480
        },
        {
            "number": "15",
            "title": "Section 15(2)",
            "chapter": null,
            "content": "(2) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the Legislature or to such modification as the Legislature may make during the session in which they are so laid or the session immediately following.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 490
        },
        {
            "number": "16",
            "title": "Section 16. Act to have overriding effect",
            "chapter": null,
            "content": "16. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 500
        },
        {
            "number": "17",
            "title": "Section 17. Power to remove difficulties",
            "chapter": null,
            "content": "17. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 510
        },
        {
            "number": "17",
            "title": "Proviso to Section 17(1)",
            "chapter": null,
            "content": "Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 520
        },
        {
            "number": "17",
            "title": "Section 17(2)",
            "chapter": null,
            "content": "(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 530
        },
        {
            "number": "55",
            "title": "Schedule - MODIFICATIONS TO LABOUR LAWS",
            "chapter": null,
            "content": "THE SCHEDULE\r\n(See section 11)\r\n1. The Factories Act, 1948 (63 of 1948).\r\nIn section 66, in sub-section (1), for clause (b), the following clause shall be substituted, namely:-\r\n“(b) no woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M.:\r\nProvided that the industrial establishments situated in the Special Economic Zone declared as such by the Government of India may employ women employees even between the hours of 7 P.M. and 6 A.M. subject to the following conditions, namely:-\r\n(a) The total number of hours of work shall not exceed the hours of work provided under this Act.\r\n(b) The employer shall ensure security for women employees at place of work and during transportation.\r\n(c) The employer shall provide facility for separate Creches and rest rooms for women employees.”.\r\n2. The Industrial Disputes Act, 1947 (14 of 1947).\r\nIn section 2, in clause (n), after sub-clause (v), the following sub-clause shall be inserted, namely:-\r\n“(va) Any service in the industry or establishment set up in the Special Economic Zone declared as such by the Government of India.”.\r\n3. The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970).\r\nIn section 2, in clause (e), in sub-clause (ii), after the words “carried on” the following words shall be inserted, namely:-\r\n“other than the place or area of the Special Economic Zone declared as such by the Government of India.”.\r\n4. The Trade Unions Act, 1926 (16 of 1926).\r\nIn section 22, after the first proviso, the following proviso shall be added, namely:-\r\n“Provided further that all the office bearers of the registered trade unions of the industrial establishments situated in the Special Economic Zone declared as such by the Government of India shall be actually engaged or employed in an industry with which the trade union is connected.”.",
            "footnote": "63 of 1948; 14 of 1947; 37 of 1970; 16 of 1926",
            "is_definition": false,
            "sort_order": 540
        }
    ],
    "metadata": {
        "Act ID": "200411",
        "Act Number": "11",
        "Enactment Date": "2004-03-30",
        "Act Year": "2004",
        "Short Title": "The Gujarat Special Economic Zone Act, 2004",
        "Department": "Legislative and Parliamentary Affairs Department, Government of Gujarat",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:50"
}