Customs - Acts 1962, Chapter-XA, Special Provisions Relating to SEZ.
CHAPTER XA - SPECIAL PROVISIONS RELATING TO SPECIAL ECONOMIC ZONE
76A.Notification of special economic zone
76B.Application of provisions.
76C.Establishment and control.
76D.Admission of goods. -
76E.Exemption from duties of customs.
76F.Levy of duties of customs.
76G.Authorised operations.
76H.Goods utilised within a special economic zone.
76-I.Drawback on goods admitted to a special economic zone
76J.Duration of stay.
76K.Security. -
76L.Transfer of ownership.
76M.Removal of goods.
76N.Closure of a Special Economic Zone.
CHAPTER XA - SPECIAL PROVISIONS RELATING TO SPECIAL ECONOMIC ZONE
76A. Notification of special economic zone. - The Central
Government may, by notification in the Official Gazette, specify special
economic zones comprising specifically delineated areas where any goods admitted
shall be regarded, in so far as duties of customs are concerned, as being
outside the customs territory of India as provided in this Chapter.
76B. Application of provisions. - The provisions of this
Chapter and other Chapters shall apply to goods admitted to a special economic
zone, but in the event of conflict between the provisions of this Chapter and
other Chapters, the provisions of this Chapter shall prevail.
76C. Establishment and control. -
- The Central Government may make rules specifying the requirements
relating to goods or class of goods admissible to a special economic zone,
the nature of operations to which such goods or class of goods may be
subjected to, the conditions to be fulfilled and the procedures to be
followed in this regard.
- The Board may specify, in the regulations made in this behalf,
arrangements for customs control in a special economic zone.
- The proper officer shall have the right to carry out checks, at any
time, on the goods kept or stored in a special economic zone.
76D. Admission of goods. -Subject to such conditions as may
be specified in the rules made in this behalf, any goods imported directly from
outside India or procured from within India shall be authorised for admission to
a special economic zone.
76E. Exemption from duties of customs. - Without prejudice
to the provisions of sections 76F, 76G and 76H, any goods admitted to a special
economic zone shall be exempt from duties of customs.
76F. Levy of duties of customs.
- Subject to the conditions
as may be specified in the rules made in this behalf, —
- any goods admitted to a special economic zone from the domestic tariff
area shall be chargeable to export duties at such rates as are leviable on
such goods when exported;
- any goods removed from a special economic zone for home consumption
shall be chargeable to duties of customs including anti-dumping,
countervailing and safeguard duties under the Customs Tarrif Act, 1975 (51
of 1975), where applicable, as leviable on such goods when imported; and
- the rate of duty and tariff valuation, if any, applicable to goods
admitted to, or removed from, a special economic zone shall be the rate and
tariff valuation in force as on the date of such admission or removal, as
the case may be, and where such date is not ascertainable, on the date of
payment of the duty.
76G. Authorised operations. - All goods admitted to a
special economic zone shall undergo such operations including processing or
manufacturing as may be specified in the rules made in this behalf.
76H. Goods utilised within a special economic zone. -
- The Central Government may make rules in this behalf to enumerate the
cases in which goods to be utilised inside a special economic zone may be
admitted free of duties of customs and lay down the requirements which shall
be fulfilled.
- Goods utilised contrary to the provisions of rules made under
sub-section (1) shall be chargeable to duties of customs in the same manner
as provided under clause (b) of section 76F as if they have been removed for
home consumption.
76-I. Drawback on goods admitted to a special economic zone.
- Any goods admitted to a special economic zone from the domestic tariff area
for the purposes authorised under this Chapter shall be eligible for drawback
under section 75 as if such goods are export goods for the purposes of that
section.
76J. Duration of stay. - Any goods admitted to a special
economic zone shall not be allowed to remain within such zone beyond such time
as may be specified in the rules made in this behalf.
76K. Security. -Any goods admitted free of duty to a special
economic zone or goods under transhipment to and from such zone without payment
of duty shall be subject to execution of such bond and such surety or security
as may be specified in the rules made in this behalf.
76L. Transfer of ownership. - Any goods admitted to, or
produced or manufactured in, a special economic zone shall be allowed for
transfer of ownership subject to such conditions as may be specified in the
rules made in this behalf.
76M. Removal of goods. - Any goods admitted to, or produced
or manufactured in, a special economic zone may be removed in accordance with
such procedure as may be specified in the rules made in this behalf.
76N. Closure of a Special Economic Zone. - In the event of
closure of a special economic zone by the Central Government, by notification in
the Official Gazette, the goods admitted to, or produced or manufactured in,
such zone shall be removed within such time and in such manner as may be
specified in the rules made in this behalf.