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13th August 2002.
Notification No. 82 / 2002-Customs
In exercise of the powers conferred by sub-section (1) of section
25 of the Customs Act, 1962 (52 of 1962), the Central Government,
being satisfied that it is necessary in the public interest so to
do, hereby exempts goods (hereinafter referred to as the said
goods), when imported into India or procured from a Public
Warehouse or a Private Warehouse appointed or licensed, as the
case may be, under section 57 or section 58 of the said Customs
Act by a developer (hereinafter referred to as the importer) of
special economic zone for the purpose of development, operation
and maintenance of special economic zone, from the whole of the
duty of customs leviable thereon under the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) and the additional duty, if
any, leviable thereon under section 3 of the said Customs Tariff
Act, subject to the following conditions, namely:-
- (i) the importer has been granted permission by the
Development Commissioner to develop, operate and maintain the
special economic zone;
- (ii) the said goods have been authorised to be imported or
procured from a Public Warehouse or a Private Warehouse by a
Committee headed by the Chief Commissioner of Customs or the
Chief Commissioner of Customs and Central Excise, as the case
may be, having jurisdiction over the said special economic zone;
- (iii) the said goods shall be stored in the premises appointed
or licenced as Public Warehouse or Private Warehouse, as the
case may be, under section 57 or section 58 of the said Customs
Act;
- (iv) the importer shall maintain proper account of import or
procurement, consumption and utilisation of the said goods and
shall submit a quarterly statement to the Commissioner of
Customs or the Commissioner of Customs and Central Excise, as
the case may be, having jurisdiction over the said special
economic zone , in such Form as may be specified by him;
- (v) the said goods shall not be allowed to be removed from
the special economic zone except with the permission of the
Assistant Commissioner of Customs or Deputy Commissioner of
Customs or the Assistant Commissioner of Customs and Central
Excise or Deputy Commissioner of Customs and Central Excise, as
the case may be, having jurisdiction over the said special
economic zone, and on payment of applicable duty; and
- (vi) the importer shall execute a bond in such Form and for
such sum as may be specified by the Commissioner of Customs or
the Commissioner of Customs and Central Excise, as the case may
be, binding himself to utilise the said goods within a period of
six months or such extended period as may be allowed by him, and
if the importer fails to do so, then he shall pay, on demand, an
amount equal to the duty as leviable on the said goods alongwith
interest at the rate of 15 per cent. per annum on the said duty
from the date of importation or procurement of the said goods
till the payment of such duty.
F. No. 305/24/2001-(Pt)
D. S. GARBYAL
Under Secretary to the Government of
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