Gujarat Special Investment Region Act, 2009

{
    "id": 16627,
    "slug": "gujarat-special-investment-region-act-2009",
    "title": "Gujarat Special Investment Region Act, 2009",
    "short_title": "Gujarat Special Investment Region Act, 2009",
    "act_number": "(Gujarat Act No. 2 of 2009)",
    "act_year": 2009,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Gujarat Special Investment Region Act, 2009",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Amenities\" means basic and essential services including but not limited to roads, bridges, bypasses and underpasses, drainage, water supply, collection-treatment-discharge and disposal of industrial, institutional and township waste, health, education, transport, disaster management, parks, green areas, gas pipeline, entertainment, hospitality, recreation, industrial parks, townships and institutional areas and other facilities of conveniences as the Apex Authority may specify;\n(b) \"Apex Authority\" means the Special Investment Region Apex Authority constituted under section 5;\n(c) \"Award of project\" means awarding, allocating, assigning, transferring and leasing a project or work for execution, operation, management or maintenance under this Act;\n(d) \"Concession Agreement\" shall have the same meaning as assigned to it by clause (b) of section 2 of the Gujarat Infrastructure Development Act, 1999, (Gujarat 11 of 1999);\n(e) \"Developer\" means a person or entity with whom a concession agreement is entered into or a project has been awarded and for which such other agreement is entered into for furtherance of the objectives of this Act;\n(f) \"Economic Activity\" means the activities and services including but not limited to industrial, manufacturing, commercial, financial, processing, packaging, logistics, transport, tourism, hospitality, health, housing, entertainment, research and development, education and training, information and communication, management and consultancy, corporate offices and the activities and services connected therewith or incidental thereto and other economic activities as the Apex Authority may specify;\n(g) \"Government agency\" means a Corporation or a body owned or controlled by the Stale Government or an authority established by or under any law of the State and includes a local authority;\n(h) \"Industrial Area\" means an area of more than fifty square kilometres and less than or equal to hundred square kilometers and having or proposed for predominantly economic activity;\n(i) \"Infrastructure projects\" means any project or facility, utility, amenity or service which is required or desirable for smooth, productive and efficient functioning of the Special Investment Region and includes such projects within the Special Investment Region, connecting the Special Investment Region or required for it;\n(j) \"Investment Region\" means an area of more than hundred square kilometres and having or proposed for predominantly economic activity;\n(k) \"Local Authority\" means and includes a Village Panchayat declared under clause (14) of section 2 of the Gujarat Panchayats Act, 1993, ( Gujarat 18 of 1993) Municipal Council and Municipal Corporation having jurisdiction and failing within the Special Investment Region;\n(l) \"Occupier\" means a person who is in the legal possession of a site or building in the Special Investment Region and includes his successors, transferees and assignees;\n(m) \"Periphery Area\" means the outer area of Special Investment Region declared as such under section 27;\n(n) \"Person\" means and includes an individual, an entity, a company, firm, organization, association, society, establishment, institution including Government agencies carrying on business or economic activity in the Special Investment Region or entrusted with any work under the provisions of this Act;\n(o) \"prescribed\" means prescribed by rules made under section 33;\n(p) \"Regional Development Authority\" means the Regional Development Authority constituted under section 8;\n(q) \"Regulations\" means the regulations of the Apex Authority made under section 35;\n(r) \"Special Investment Region\" means an Investment Region or an Industrial Area declared under section 3;\n(s) \"Special Purpose Entity\" means a legal entity formed under die Companies Act, 1956, (1 of 1956) or registered under other relevant Acts to execute particular infrastructure projects;\n(t) \"Unit\" means a unit set up by a person for the purpose of carrying on any economic activity in Special Investment Region and includes an existing unit whether established before or after the commencement of this Act;\n(u) \"User Charges\" means the charges levied by die Regional Development Authority, a Developer or any other entity authorized for that purpose under this Act.\nChapter II\nDeclaration of Special Investment Region",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Declaration of Special Investment Region.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Special Investment Region to be out of Jurisdiction of local authority.",
            "chapter": null,
            "content": "Chapter III\nEstablishment of Apex Authority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Establishment of Apes Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Powers and functions of Apes Authority.",
            "chapter": null,
            "content": "(i) to make regulations to give effect to the provisions of this Act;\n(ii) to make regulations for development, operation, regulation and management of the Special Investment Region within die State and for development of infrastructure within the Special Investment Region;\n(iii) to approve, with or without modification, die plan for use of land in the Special Investment Region or its peripheral area on receipt of the proposal from Regional Development Authority;\n(iv) to approve, with or without modification, the development plan, the Town Planning Scheme and the General Development Regulations prepared and proposed by the Regional Development Authority;\n(v) to grant permission and approval for any economic activity, amenity or infrastructure projects to be established in the Special Investment Region including integrated development in a large area in the Special Investment Region;\n(vi) to approve with or without modification, the agreements to be entered into by the Regional Development Authority or by a Government agency or submit the same to the Gujarat Infrastructure Development Board for its recommendation under sub-section (2) of section 5 of the Gujarat Infrastructure Development Act, 1999, (Gujarat 11 of 1999) for the project specified in Schedule I of the said Act and the regulations made thereunder in this regard;\n(vii) to ascertain and fix the rates and approve, with or without modification, the user charges proposed by the Regional Development Authority, a Government agency or the Developer of infrastructure projects;\n(viii) to propose with its recommendation to the Stale Government for making such provisions with respect to proper development, operation, regulation and management of the Special Investment Region;\n(ix) to monitor the development of the Special Investment Region and issue necessary directions to the agencies involved;\n(x) to exercise such other powers and perform such other functions that may be required for development, operation, regulation and management of the Special Investment Region and as entrusted to it by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Appointment of Executive Committee and other committees.",
            "chapter": null,
            "content": "Chapter IV\nConstitution of Regional Development Authority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Constitution of Regional Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Headquarters of Regional Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Appointment of members in Regional Development Authority.",
            "chapter": null,
            "content": "(ii) the Vice-Chairperson, to be appointed by the State Government;\n(iii) two officials of the State Government, to be nominated by the State Government, ex-officio ;\n(iv) an officer to be nominated by the Apex Authority;\n(v) a person having experience in administration, to be nominated by the State Government;\n(vi) two non-officials who possess experience in area development and regional planning, to be nominated by the State Government;\n(vii) two representatives from the industry and business sector, to be nominated by the State Government;\n(viii) a Member-Secretary who shall be an officer of the State Government, to be appointed by the State Government. The Member-Secretary shall be the Chief Executive Officer of the Regional Development Authority, ex-officio .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Term of office and Conditions of service of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Meeting of Regional Development Authority and transaction of business.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Constitution of Committees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Acts and proceedings of Regional Development Authority and committees presumed to be valid.",
            "chapter": null,
            "content": "(a) a vacancy therein or any defect in the constitution thereof, or\n(b) an irregularity in its procedure not affecting the merit of the case.\nChapter V\nPowers and Functions of Regional Development Authority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Powers and functions of Regional Development Authority.",
            "chapter": null,
            "content": "(i) to classify and earmark the area of the Special Investment Region for various purposes and usages including economic activities, amenities and community services as it deems fit;\n(ii) to prepare the development plan for whole or part of the area of the Special Investment Region;\n(iii) to undertake preparation and execution of town planning scheme for whole or part of the Special Investment Region;\n(iv) to regulate the development of the periphery area of the Special Investment Region;\n(v) to acquire, hold and manage movable or immovable property as it may deem necessary subject to general or specific directions of the State Government in this regard;\n(vi) to acquire land in the Special Investment Region , by sale, lease, grant, allocation, donation, town planning scheme, consent agreement or through proceedings under the Land Acquisition Act, 1894, (1 of 1894) for the purposes of this Act;\n(vii) to sale, lease, transfer or dispose off any land or building belonging to it subject to the regulations made by the Apex Authority;\n(viii) to carry out surveys in the Special Investment Region for the preparation of development plans and town planning schemes;\n(ix) . to prepare, issue and implement the directions, the standards and the norms for building structures, infrastructure development and other construction activities in the Special Investment Region;\n(x) to enter into contracts, agreements or concession agreement with any person, entity, developer or organization as it may deem necessary for performing its functions;\n(xi) to execute, co-ordinate and supervise works in connection with infrastructure or provision of other services and amenities in the Special Investment Region ;\n(xii) to provide for disaster management and mitigation in the Special Investment Region;\n(xiii) to levy and collect such fees, development charges, or user charges as may be ascertained and fixed by the Apex Authority under clause (vii) of sub-section (2) of section 6;\n(xiv) to remove encroachments and constructions not duly authorized or made in violation of the regulations, directions and norms laid down by the Regional Development Authority;\n(xv) to make arrangements for observance and promotion of safety, order, health and environmental safeguards within the Special Investment Region ;\n(xvi) to guide, assist and co-ordinate with other authorities functioning in the Special Investment Region in matters pertaining to planning and use of land and development of the Special Investment Region;\n(xvii) to control the development activities in accordance with the development plan and to bring aesthetics, efficiency and economy in the process of development;\n(xviii) to ensure and make provision for sufficient civic amenities and services including hospitals and medical services, schools, fire services, public parks, markets and shopping places, play grounds, entertainment areas and disposal of waste and provision of drainage;\n(xix) to make sustainable arrangements for providing and maintaining the highest standards in civic amenities and services particularly for cleanliness, aesthetics, health and hygiene;\n(xx) to make enquiry, inspection, examination or measurement of any land and building in any part of the Special Investment Region ;\n(xxi) to exercise such other powers and discharge such other functions as may be prescribed by rules or regulations.\n(b) Every person, unit or Developer or any other stakeholder in Special Investment Region shall be required to get the plans of the building approved by the Regional Development Authority before commencing any construction and shall obtain the approval of the Regional Development Authority necessary and incidental thereto, after the completion and before the use of such premises.\n(c) For the purpose of this section and with any other requirement for proper planning, management and development of the Special Investment Region, the Regional Development Authority may issue such direction or instruction as it may consider necessary to any person, unit, entity. Developer or any other stakeholder in the Special Investment Region and the person, unit, entity. Developer or, as the case may be, the stakeholder shall be bound by such directions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. No erection, etc. by any person or eatity without permission of Regional Development Authority.",
            "chapter": null,
            "content": "(b) The Disputes Resolution Forum, after hearing the Regional Development Authority and the aggrieved person and considering all relevant facts, may accept or reject the appeal filed under sub-section (5) or modify the decision taken by the Regional Development Authority.\n(c) In case of rejection of appeal or modification of the decision of Regional Development Authority under clause (b) above, the aggrieved person may prefer second appeal to the Disputes Settlement Mechanism set up under section 26 within fifteen days (including public holidays ) of the decision of the Disputes Resolution Forum.\n(d) The Disputess Settlement Mechanism after hearing the Regional Development Authority and the aggrieved person, may accept or reject the appeal. The decision taken by the Disputes Settlement Mechanism shall be final and binding to the parties.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Application of President's Act No. 27 of 1976.",
            "chapter": null,
            "content": "Chapter VI\nProcedure for Setting up of Units and Amenities in Special Investment Region",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Setting up of units and amenities in Special Investment Region.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Units and amenities of Special Economic Zone in special Investment Region to be overned under relevant Act.",
            "chapter": null,
            "content": "Chapter VII\nDevelopment and Execution of Infrastucture Projects",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Project Development Agencies.",
            "chapter": null,
            "content": "(i) conceiving and detailing of the Projects;\n(ii) assessing the techno-commercial and economic feasibility;\n(iii) financial structuring of projects;\n(iv) environmental issues and Solutions;\n(v) implementing the projects or awarding them to other developers or entities;\n(vi) global marketing of the Special Investment Regions, the Projects in and connected with the Special Investment Regions;\n(vii) raising finances from the market including financial and multilateral institutions;\n(viii) promoting and bringing in Private Sector Participation in projects within or connected with the Special Investment Region;\n(ix) entering into contracts and agreement with other entities for any of the purposes assigned to it;\n(x) taking or suggesting any other steps for effective implementation, marketing and management of the projects connected with the Special Investment Region.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Transfer of assets to Government company for infrastructure development.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Award of projects to a Developer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Integrated development of a large area in Special investment Region.",
            "chapter": null,
            "content": "Chapter VIII\nAllocation of Premises, Eviction and Recovery of Dues",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Allocation of premises in special Investment Region.",
            "chapter": null,
            "content": "Chapter IX\nRedressal of Grievances and Settlement of Disputes",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Redressal of Grievances and Disputes Resolution Forum.",
            "chapter": null,
            "content": "(1) The Regional Development Authority shall set up a Grievances Redressal Committee comprising of such number of its members and officers, as may be decided by it to redress the grievances and resolve the disputes originating from any stakeholder in the Special Investment Region.\n(2) Any person aggrieved by the decision of Grievances Redressal Committee may appeal to the Disputes Resolution Forum set up by the Apex Authority comprising of such number of members and officers as may be decided by it.\n(3) For the purpose of deciding the disputes, the Grievances Redressal Committee and the Disputes Resolution Forum shall frame the guidelines including the time frame in this regard and follow the principles of natural justice while dealing with the grievances.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Disputes Settlement Mechanism.",
            "chapter": null,
            "content": "Chapter X\nAdministration and Development of Periphery of the Special Investment Region",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Periphery of Special Investment Region.",
            "chapter": null,
            "content": "(a) the Regional Development Authority of the Special Investment Region shall be the Regional Development Authority for the periphery of the Special Investment Region; and\n(b) the powers and functions of the Regional Development Authority and the Apex Authority shall extend to the periphery of the Special Investment Region.\nChapter XI\nControl, Regulation and Development in Special Investment Region",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Control, regulation and development.",
            "chapter": null,
            "content": "(a) any building for the purposes of residence or buildings subservient to agriculture in the village site area (gamtal) of a village Panchayat, Municipal area and Municipal Corporation area;\n(b) the erection of a building or a wall enclosing a crematorium, graveyard, place of worship, or Samadhi on land which is, at the time of the notification under the sub-section (1), was traditionally occupied by or was used for the said purposes;\n(c) normal excavations (including wells) made in the ordinary course of agriculture;\n(d) the construction of an unmetalled road intended to give access to land solely for agricultural purposes;\n(e) construction or extension in an agricultural land, of a dwelling house for personal use or for storage of agricultural assets of the owner, as\nChapter XII\nSpecial Investment Region to be an Industrial Township\n29. special Investment Region to be an Industrial Township.\nChapter XIII\nFinance, Accounts and Annual Reports of Regional Development Authority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. Funds of Regional Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Accounts and Audit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Annual Report.",
            "chapter": null,
            "content": "Chapter XIV\nPower to Make Rules, Issue Directions and Regulations and Remove Difficulties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. Power of State Government to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "34. Power of State Government to give directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "35",
            "title": "35. Power of Apex Authority to make regulations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "36",
            "title": "36. Power of State Government to remove difficulties.",
            "chapter": null,
            "content": "Chapter XV\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "37",
            "title": "37. Act to override other State laws.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "38",
            "title": "38. Land deemed to be for public purpose.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "39",
            "title": "39. Members, officers and employees to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "40",
            "title": "40. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41",
            "title": "41. Repeal and savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        }
    ],
    "metadata": {
        "Act ID": "guj256",
        "Act Number": "(Gujarat Act No. 2 of 2009)",
        "Enactment Date": "",
        "Act Year": "2009",
        "Short Title": "Gujarat Special Investment Region Act, 2009",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}