TaxTMI 
TaxTMI 
TaxTMI 
Special Economic Zone Authority Rules, 2009
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....fice. - The term of office of members of the Authority (other than ex-officio Members) shall be for a period of two years from date of their nomination and they shall not be eligible for re-nomination immediately after expiry of their term but can be nominated for a subsequent term. 4. Conveyance and allowances of the nominated members. - The nominated members shall not be eligible for any conveyance or allowances for attending the meetings of the Authority. 5. Vacancy of the entrepreneur member or their nominee. - (1) The vacancy of a member or their nominee shall be deemed to have occurred due to one or more of the following reasons, namely :- (i) resignation from the Special Economic Zone Authority concerned; (ii) death of the member; (iii) the Unit represented by the member defaults in payment of dues to the Special Economic Zone Authority concerned; (iv) the member absents himself/herself in attending the proceedings of the Authority for three consecutive meetings; (v) if any criminal proceeding is initiated against the Unit represented by such member either by the State or Central Government for violation of any law for time being in force; (vi) the Unit represe....
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.... to Expenditure. - (1) All expenditure of the Authority except as specified in the sub-rule (2) below, shall be approved by the Authority. (2) The Chairperson shall have,- (i) powers to approve minor works and maintenance works of the Zone; (ii) powers to approve recurring expenditure in connection with :- (a) Salaries, (b) Overtime allowances, (c) Travel Expenses, (d) Advertisement and Publicity, (e) Rent, Rates, Taxes, (f) Professional services and legal expenses, and Explanation : Minor works and maintenance works mentioned at clause (i) above means work costing less than rupees fifty lakhs per work. (iii) powers to approve contingent expenditure both recurring and non-recurring: Provided that the expenditure so incurred does not exceed Rupees Fifty lakhs at a time: Provided further that the Authority concerned shall be competent to incur such expenditure beyond rupees fifty lakhs. (3) The Chairperson of the Authority shall be competent to approve the official tours of other members and officers of the Authority undertaken in connection with the affairs of the Authority both within and outside the country in accordance to the rules applicable to the off....
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.... Commissioner who is the Chairperson and the Chief Executive Officer of the Authority shall - (i) in the absence of regular Secretary, may designate any officer of the Authority to act as Secretary to the Authority and such appointment shall be ratified by the Authority in its next meeting; (ii) entrust such other duties and responsibilities to the Secretary; (iii) implement the decisions of the Authority; (iv) comply with the directions of the Central Government under Section 38 of the Act for its efficient administration; (v) maintain the land records and title deeds of the Special Economic Zone concerned in safe custody; (vi) defend the suits against the Central Government in any Court for payment of enhanced compensation for private lands acquired under the Land Acquisition Act for development of the Special Economic Zone; (vii) defend all the proceedings or suits initiated against the Central Government or the Authority or any other officer on account of the actions taken by the Estate Officer of the Zone concerned under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971: Provided that the lease agreements as aforesaid which are in force as agr....
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....cers and employees for the efficient discharge of its function. (2) Categories, numbers and pay scales of the officers and employees required by the Authority under sub-rule (1) shall be decided with the approval of the Central Government. (3) The appointment to the service of the Authority may be made by any of the following methods; namely:- (a) transfer of any officer or employee in the existing Special Economic Zones as per sub-section (1) of Section 33 of the Special Economic Zone Act including by way of absorption. (b) transfer on Deputation or Absorption from the Central Government, State Governments, Union Territory Administrations and Public Sector Undertakings of the States, Central, Union Territory Administrations and Autonomous bodies funded fully or partly by the Central, State Governments and Union Territory Administrations; (c) promotion from amongst the employees of the Authority; and (d) direct recruitment. (4) The Authority may engage agencies or employees on contract/outsourcing for discharge of its functions and the terms and conditions of such appointment shall be decided by the Authority and preference shall be given to outsource all works to the ex....
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....ct committed before the absorption of such employees in the service of the Authority; (c) in other cases not covered by clause (b) above, where the Appointing or Disciplinary Authority of the delinquent official was the President of India or the Central Government, the disciplinary proceedings will be continued and completed by the Central Government. (11) The terms and conditions of deputation to the service of the Authority shall be decided by the Authority in consultation with the lending organisations and with the approval of the Central Government. CHAPTER V MEETINGS OF THE AUTHORITY 10. Meetings of the Authority. - (1) There shall be not less than four ordinary meetings of the Authority in a Financial Year and the interval between any two ordinary meetings shall not, in any case, be longer than four calendar months. (2) It shall be mandatory for the Authority to meet in the month of march to review the physical and financial progress of the ongoing projects and finalise the annual accounts for next financial year. (3) The Chairperson of the Authority shall cause to be issued a notice of the meeting of the Authority to all members fifteen days in advance of the propose....
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....e Chairperson. CHAPTER VI ACCOUNTS, RETURNS AND STATEMENTS OF THE AUTHORITY 11. Accounts of the Authority. - (1) The account of the Authority shall include a statement regarding :- (a) the estimated opening balance; (b) estimated receipts under clauses (a) to (d) of sub-section (1) of Section 36 of the Act; and (c) the estimated expenditure. (2) The annual accounts and financial statements along with necessary schedules, note on accounts and significant accounting policies as mentioned in Schedule-II shall be prepared in accordance with the common format of financial statements for the Central Government Autonomous bodies prescribed by the Government of India, Ministry of Finance, Comptroller and Audit General of India and as modified from time to time with prescribed accounting formats. (3) The annual accounts of the Authority shall be signed or authenticated by the chairperson of the Authority and the Secretary: Provided that in the absence of secretary such annual accounts shall be signed or authenticated by the Chairperson and any other officer of the Authority, nominated by the Chairperson. 12. (1) The Authority shall submit to the Central Government in the Depart....