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Special Economic Zones Act, 2005 Section 2 - Bare Act

StateCentral Government
Section TitleDefinitions
Act Info:

In this Act, unless the contextotherwise requires,--

(a) "appointed day"with reference to a Special Economic Zone means the date on which the SpecialEconomic Zone is notified by the Central Government under sub-section (1) ofsection 4;

(b) "ApprovalCommittee" means an Approval Committee constituted under sub-section (1)of section 13;

(c) "authorisedoperations" means operations which may be authorised under sub-section (2)of section 4 and sub-section (9) of section 15;

(d) "Authority" meansa Special Economic Zone Authority constituted under sub-section (1) of section31;

(e) "Board" means theBoard of Approval constituted under sub-section (1) of section 8;

(f) "Co-Developer"means a person who, or a State Government which, has been granted by theCentral Government a letter of approval under sub-section (12) of section 3;

(g) "Developer" meansa person who, or a State Government which, has been granted by the CentralGovernment a letter of approval under sub-section (10) of section 3 andincludes an Authority and a Co-Developer;

(h) "DevelopmentCommissioner" means the Development Commissioner appointed for one or moreSpecial Economic Zones under sub-section (1) of section 11;

(i) "Domestic TariffArea" means the whole of India (including the territorial waters andcontinental shelf) but does not include the areas of the Special EconomicZones;

(j) "entrepreneur"means a person who has been granted a letter of approval by the DevelopmentCommissioner under sub-section (9) of section 15;

(k) "existing SpecialEconomic Zone" means every Special Economic Zone which is in existence onor before the commencement of this Act;

(l) "existing Unit"means every Unit which has been set up on or before the commencement of thisAct in an existing Special Economic Zone;

(m) "export" means--

(i) taking goods, or providingservices, out of India, from a Special Economic Zone, by land, sea or air or byany other mode, whether physical or otherwise; or

(ii) supplying goods, orproviding services, from the Domestic Tariff Area to a Unit or Developer; or

(iii) supplying goods, orproviding services, from one Unit to another Unit or Developer, in the same ordifferent Special Economic Zone;

(n) "Free Trade andWarehousing Zone" means a Special Economic Zone wherein mainly trading andwarehousing and other activities related thereto are carried on;

(o) "import" means--

(i) bringing goods or receivingservices, in a Special Economic Zone, by a Unit or Developer from a placeoutside India by land, sea or air or by any other mode, whether physical orotherwise; or

(ii) receiving goods, orservices by a Unit or Developer from another Unit or Developer of the sameSpecial Economic Zone or a different Special Economic Zone;

(p) "infrastructurefacilities" means industrial, commercial or social infrastructure or otherfacilities necessary for the development of a Special Economic Zone or suchother facilities which may be prescribed;

(q) "InternationalFinancial Services Centre" means an International Financial ServicesCentre which has been approved by the Central Government under sub-section (1)of section 18;

(r) "manufacture"means to make, produce, fabricate, assemble, process or bring into existence,by hand or by machine, a new product having a distinctive name, character oruse and shall include processes such as refrigeration, cutting, polishing,blending, repair, remaking, re-engineering and includes agriculture,aquaculture, animal husbandry, floriculture, Horticulture, pisciculture,poultry, sericulture, viticulture and mining;

(s) "notification"means a notification published in the Official Gazette and the expression"notify" shall be construed accordingly;

(t) "notifiedoffences" means the offences specified as such under sub-section (1) ofsection 21;

(u) "Offshore BankingUnit" means a branch of a bank located in a Special Economic Zone andwhich has obtained the permission under clause (a) of sub-section (1) ofsection 23 of the Banking Regulation Act, 1949(10 of 1949);

(v) "person" includesan individual, whether resident in India or outside India, a Hindu undividedfamily, co-operative society, a company, whether incorporated in India or outsideIndia, a firm, proprietary concern, or an association of persons or body ofindividuals, whether incorporated or not, local authority and any agency,office or branch owned or controlled by such individual, Hindu undividedfamily, co-operative, association, body, authority or company;

(w) "prescribed" meansprescribed by rules made by the Central Government under this Act;

(x) "Reserve Bank"means the Reserve Bank of India constituted under section 3 of the Reserve Bankof India Act, 1934(2 of 1934);

(y) "Schedule" meansSchedules to this Act;

(z) "services" meanssuch tradable services which,--

(i) are covered under theGeneral Agreement on Trade in Services annexed as IB to the Agreementestablishing the World Trade Organisation concluded at Marrakesh on the 15thday of April, 1994;

(ii) may be prescribed by theCentral Government for the purposes of this Act; and

(iii) earn foreign exchange;

(za) "Special EconomicZone" means each Special Economic Zone notified under the proviso tosub-section (4) of section 3 and sub-section (1) of section 4 (including FreeTrade and Warehousing Zone) and includes an existing Special Economic Zone;

(zb) "StateGovernment" means a State Government of the State in which a SpecialEconomic Zone is established or proposed to be established;

(zc) "Unit" means aUnit set up by an entrepreneur in a Special Economic Zone and includes anexisting Unit, an Offshore Banking Unit and a Unit in an InternationalFinancial Services Centre, whether established before or established after thecommencement of this Act;

(zd) all other words andexpressions used and not defined in this Act but defined in the Central ExciseAct, 1944(1 of 1944), the Industries (Development and Regulation) Act, 1951(65of 1951), the Income-tax Act, 1961(43 of 1961), the Customs Act, 1962(52 of1962) and the Foreign Trade (Development and Regulation) Act, 1992(22 of 1992)shall have the meanings respectively assigned to them in those Acts.

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