Special Economic Zones Act, 2005 1.

Brief history of the public authority: The Government of India in the Ministry of Commerce & Industries enacted the Special Economic Zones Act, 2005 dt. 23 rd June, 2005, an Act to provide for the establishment, development and management of the SEZs for the promotion of exports and for matters connected therewith or incidental thereto. Under the powers conferred in the SEZ Act, Special Economic Zones Rules, 2006 were notified on 10.02.2006. The SEZ Act and Rules came into effect from 10.02.2006, and accordingly the SEZs are governed by the provisions of the SEZ Act, 2005 and the SEZ Rules, 2006framed there-under. The Indore SEZ was notified prior to the enactment of the SEZ Act 2005 and became operational w.e.f. 15.08.2003. This SEZ is the only Green field multi product SEZ of India as on date and is spread over an area of more than 1100 hectares of land in Phase I & II . Industries of various sectors such as Plastic, Engineering, Pharmaceutical, Metal, Textile & Food processing etc. are located in the Zone. Apart from the SEZ Act 2005 & SEZ Rules 2006, the Government of Madhya Pradesh has also declared the State SEZ Act i.e. The Indore Special Economic Zone (Special Provisions) Act, 2003 and a SEZ policy which provides for various exemptions from state taxes, duties & levies etc. to the industries including the operationalization of single window mechanism to provide hassle free environment. The State Government has also delegated powers to the Development Commissioner under various Acts and Statues. The office of the Development Commissioner, Indore Special Economic Zone is a subordinate office under the Ministry of Commerce and Industry, Department of Commerce, Govt. of India. The Development Commissioner, Indore SEZ is the licensing authority for the SEZs along with SEZ units and 100% Export Oriented Units (EOUs) in Madhya Pradesh. 2. Duties of the public authority: The Development Commissioner is the Head of the Department, supported by officers including those on deputation from Customs and Central Excise Department. SEZ Act, 2005 & SEZ Rules, 2006, came into force from 10th February, 2006, to set out the scheme objective and simplified procedures for Developers and Units in SEZs. The Development Commissioner implements provision of SEZ Act & Rules and discharges other functions and duties provided under the State SEZ Act. He exercises various powers delegated under these Acts and Rules and reports to the Ministry of Commerce & Industry, Department of Commerce. The Customs provisions under the SEZ Act are discharged by officers of CBEC posted in the Zone on deputation, they work under the administrative control of the Development Commissioner. Main activities/functions of the public authority: guide entrepreneurs for setting up of units in the Special Economic Zones and Export oriented units in Madhya Pradesh.

ensure and take suitable steps for effective promotion of exports from the Special Economic Zones and Export oriented units in Madhya Pradesh in co-ordination with the Central Government and State Government Departments concerned.

monitor the performance of the Developer, Units in the Special Economic Zones, Export Oriented units.

discharge all other functions assigned or delegated by the Central Government and State Government under the SEZ Act, 2005 and the Rules and orders made there-under.

discharge such other functions as may be delegated by the SEZ Board.

5. List of services being provided by the public authority with a brief write-up on them: (i) The Special Economic Zone (SEZ) Scheme The SEZ is a foreign territory in India. Legally, it stands outside the Customs territory of India. This positioning permits both fast project approvals in the SEZ as well as a hasslefree environment for running units in the SEZ. (ii) Approvals: Projects in the SEZ have only to ensure that their foreign exchange inflows (through exports) exceed foreign exchange outflows (by way of imports and import content of sales to the Indian market). Setting up units for manufacturing or rendering services or warehousing or trading are all permitted in the SEZ. The approvals for establishment of the units and other activities incidental thereto, are accorded by the Unit Approval Committee notified for the SEZ. (iii) On-site Customs Facilitation: As the SEZ is a foreign territory, Customs procedures for imports meant for export production are liberal; there is no Customs examination of import consignments. There is self-sealing facility for export cargo. A Customs Unit is deployed exclusively for Indore SEZ. All customs clearances and documentation are done in the Zone itself.

(iv) The Export Oriented Unit (EOU) Scheme The EOU scheme is formulated by the Govt. of India in the Ministry of Commerce & Industry and is contained under chapter 6 of the Foreign Trade Policy as amended from time to time read with chapter 6 of the Hand Book of Procedure, Vol. I and public notices/circulars issued. Establishment of units and their performance is monitored by the Development Commissioner under the provisions of Foreign Trade Policy. Custom bonding is mandatory for EOUs, and accordingly the scheme envisages important role for

Customs and Central Excise department. Notifications/Circulars for proper implementation of the scheme are issued by various authorities viz. CBEC/RBI/CBDT/DGFT etc. (v) Approvals: Units undertaking to export their entire production of goods and services (except permissible sales in DTA), may be set up under the export Oriented Unit (EOU) Scheme, for manufacture of goods, including repair, re-making, reconditioning, re-engineering and rendering of services. Trading units are not covered under this scheme. EOUs have to ensure that their foreign exchange inflows (through exports) exceed foreign exchange outflows (through imports). The approvals for establishment of the units and other activities incidental thereto, are accorded by the Unit Approval Committee for EOUs framed under the Foreign Trade Policy. Consumer Protection Act Consumer Protection Act, 1986 is an important Act in the history of the consumer movement in the country. The Act was made to provide for the better protection and promotion of consumer rights through the establishment of consumer councils and quasi-judicial machinery. It is mile stone in the history of socio-economic legislation and directed towards public welfare and public benefits. An Act provide for better protection of the interest of the consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for the settlement of consumers dispute and for matters connected therewith.

Important consumer rights include: 1. Right against exploitation by unfair trade practices. 2. Right to protection of health and safety from the goods and services the consumers buy or are offered free. 3. Right to be informed of the quality and performance standards, ingredients of the product, operational requirements, freshness or the product, possible adverse side effects and other relevant facts concerning the product or service. 4. Right to be heard if there is any grievance or suggestions. 5. Right to get genuine grievances redressed. 6. Right to choose the best from a variety of offers. 7. Right to physical environment that will protect and enhance the quality of life.

CONSUMER RIGHTS Consumers in the advanced countries, obviously, are much more conscious of their rights than in countries like India. In 1962, President John F. Kennedy, and in 1965, President Johnson emphasized the consumer rights and gave an impetus to consumerism in the U.S.A and other countries. Important consumer rights include: 1. Right against exploitation by unfair trade practices. 2. Right to protection of health and safety from the goods and services the consumers buy or are offered free. 3. Right to be informed of the quality and performance standards, ingredients of the product, operational requirements, freshness or the product, possible adverse side effects and other relevant facts concerning the product or service. 4. Right to be heard if there is any grievance or suggestions. 5. Right to get genuine grievances redressed. 6. Right to choose the best from a variety of offers. 7. Right to physical environment that will protect and enhance the quality of life. CONSUMER PROTECTION For effective consumer protection, a practical response on the part of three parties, for example, the business, the government and the consumers, is essential.

THE COMPETITION ACT, An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.

Definitions 2. In this Act, unless the context otherwise requires, (a) "acquisition" means, directly or indirectly, acquiring or agreeing to acquire

(i) shares, voting rights or assets of any enterprise; or (ii) control over management or control over assets of any enterprise; (b) "agreement" includes any arrangement or understanding or action in concert, (i) whether or not, such arrangement, understanding or action is formal or in writing; or (ii) whether or not such arrangement, understanding or action is intended to be enforceable by legal proceedings; [2] [(ba)Appellate Tribunal means the Competition Appellate Tribunal established under sub-section (1) of Section 53A] (c) "cartel" includes an association of producers, sellers, distributors, traders or service providers who, by agreement amongst themselves, limit, control or attempt to control the production, distribution, sale or price of, or, trade in goods or provision of services; (d) "Chairperson" means the Chairperson of the Commission appointed under sub-section (1) of section 8; (e) "Commission" means the Competition Commission of India established under sub-section(1) of section 7; (f) "consumer" means any person who (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, whether such purchase of goods is for resale or for any commercial purpose or for personal use; (ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first-mentioned person whether such hiring or availing of services is for any commercial purpose or for personal use; (g) "Director General" means the Director General appointed under subsection (1) of section 16 and includes any Additional, Joint, Deputy or Assistant Directors General appointed under that section;

[2]

Ins. by Competition (Amendment) Act, 2007

(h)

(i)

(j) (k) (l)

"enterprise" means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate, either directly or through one or more of its units or divisions or subsidiaries, whether such unit or division or subsidiary is located at the same place where the enterprise is located or at a different place or at different places, but does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with atomic energy, currency, defence and space. Explanation.-For the purposes of this clause, (a) "activity" includes profession or occupation; (b) "article" includes a new article and "service" includes a new service; (c) "unit" or "division", in relation to an enterprise, includes (i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods; (ii) any branch or office established for the provision of any service; "goods" means goods as defined in the Sale of Goods Act, 1930 (3 of 1930) and includes (A) products manufactured, processed or mined; (B) debentures, stocks and shares after allotment; (C) in relation to goods supplied, distributed or controlled in India, goods imported into India; "Member" means a Member of the Commission appointed under subsection (/) of section8 and includes the Chairperson; "notification" means a notification published in the Official Gazette; "person" includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not, in India or outside India;

any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); (vii) any body corporate incorporated by or under the laws of a country outside India; (viii) a co-operative society registered under any law relating to cooperative societies; (ix) a local authority; (x) every artificial juridical person, not falling within any of the preceding sub-clauses; (m) "practice" includes any practice relating to the carrying on of any trade by a person or an enterprise; (n) "prescribed" means prescribed by rules made under this Act; (o) "price", in relation to the sale of any goods or to the performance of any services, includes every valuable consideration, whether direct or indirect, or deferred, and includes any consideration which in effect relates to the sale of any goods or to the performance of any services although ostensibly relating to any other matter or thing; (p) "public financial institution" means a public financial institution specified under section 4A of the Companies Act, 1956 (1 of 1956) and includes a State Financial, Industrial or Investment Corporation; (q) "regulations" means the regulations made by the Commission under section 64; (r) "relevant market" means the market which may be determined by the Commission with reference to the relevant product market or the relevant geographic market or with reference to both the markets; (s) "relevant geographic market" means a market comprising the area in which the conditions of competition for supply of goods or provision of services or demand of goods or services are distinctly homogenous and can be distinguished from the conditions prevailing in the neighbouring areas; (t) "relevant product market" means a market comprising all those products or services which are regarded as interchangeable or substitutable by the consumer, by reason of characteristics of the products or services, their prices and intended use; (u) "service" means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;

(vi)

(v)

"shares" means shares in the share capital of a company carrying voting rights and includes (i) any security which entitles the holder to receive shares with voting rights; (ii) stock except where a distinction between stock and share is expressed or implied; (w) "statutory authority" means any authority, board, corporation, council, institute, university or any other body corporate, established by or under any Central, State or Provincial Act for the purposes of regulating production or supply of goods or provision of any services or markets therefor or any matter connected therewith or incidental thereto; (x) "trade" means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services; (y) "turnover" includes value of sale of goods or services; (z) words and expressions used but not defined in this Act and defined in the Companies Act, 1956 (1 of 1956) shall have the same meanings respectively assigned to them in that Act.
INFORMATION TECHNOLOGY ACT, 2000 [Act No. 21 of 2000 dated 9th June, 2000] An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce" which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto. Whereas the General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law; And Whereas the said resolution recommends inter alia that all States give favourable consideration to the said Model Law when they enact or revise their laws, in view of the need for uniformity of the law applicable to alternatives to paperbased methods of communication and storage of information; And Whereas it is considered necessary to give effect to the said resolution and to promote efficient delivery of Government services by means of reliable electronic records. Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows: -