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............................................................................................................................Book DescriptionOpecial Economic Zones (SEZs) are specifically delineated duty free enclaves, deemed to be foreign territory for the purpose of trade operations, duties and tariffs. SEZs were set up with a view to provide an internationally competitive and hassle free environment for exports, accompanied by quality infrastructure, thereby generating greater economic activity and employment The legal regime of SEZ began with the SEZ policy in April 2000. SEZ Act 2005 and SEZ Rules 2006 further led to drastic simplification of procedures coupled with single window clearance and complemented by an attractive fiscal package.National and international perspectiveThe multifaceted nature of the subject requires unearthing of various concepts and case laws from not just national but also international sphere. This work presents an in-depth commentary of SEZ Act, SEZ Rules along with various circulars and notifications having a bearing on the subject. Issues like applicability of Part III of the Constitution on the 'SEZ Developer'; India and US's position on the concept of 'eminent domain' and 'public purpose' requirement; National and International Rehabilitation policies; WTO Compatibility of SEZ; Law regarding Offshore Banking Units and Chinese experience with SEZ have been covered. Beside these indispensable aspects of Environmental law, Company law, Labour laws, FEMA and Export Promotion Schemes have embellished this work.Multi-disciplinary approachSEZ law cannot be studied in isolation; the ramifications of SEZ are all pervading. The authors have carried an extensive research spanning wide ranging documents like GATT, Agreement on Subsidies and Countervailing Measures, Constitutions of India, USA and China, USA PATRIOT Act, Land Administration Law of the People's Republic of China, Sino-Foreign Equity Joint Ventures of PRC, Wholly Foreign Owned Enterprise Law of PRC, OECD Guidelines, International Conventions and Treaties relating to Rehabilitation and Environmental law, Reports and working papers of institutions like World Bank Group, IMF, ILO, OECD, ICRIER etc. to name a few............................................................................................................................
ContentsPart One1. Important Definitions2. Functionaries under the SEZ Act3. Establishment of SEZ4. Demarcation of Land in SEZ5. Setting up of Unit in SEZ6. Bond cum Legal Undertaking7. Procurement or Import of Goods by SEZ Developmer or Unit8. Exports from SEZ9. Removal of Goods from SEZ to DTA10. Net Positive Foreign Exchange Requirement11. Income Tax Benefits12. Indirect Tax Exemptions13. Justice Delivery System in SEZ14. Modification of the Provisions of this Act or relating to SEZ15. MiscellaneousPart Two1. Is SEZ Developer ‘State’ under Article 12 ?2. Public Purpose Requirement in USA3. Public Purpose-Constitutiional Perspective4. Land Acquisitioin Act 1894-Acquisitiion for Companies5. SEZ-WTO Compatibility6. Offshore Banking in SEZs7. Chinese SEZs-Torchbearers for India8. Labour Laws in SEZ9. Environment Law in SEZ10. Company Law Provisions for SEZ11. SEZ Specific FEMA Directives12. Export Promotion SchemesMarket Access Initiative (MAI) Scheme13. Guidelines for Central Assistance to States for Developing Export Infrastructure and other Allied ActivitiesPart Three1. Internally Displaced due to SEZ-International Rehabilitation & Resettlement Policies2. National Rehabilitation & Resettlement Policy 2007............................................................................................................................
