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Special Economic Zones Act, 2005 Chapter VII

Title: Special Economic Zone Authority

State: Central

Year: 2005

.....to every Authority by way of grants and loans or such sums of money as that Government may think fit for being utilised for the purposes of this Act. Section 36 - Constitution of Fund and its application (1) There shall be established by every Authority a Fund to be called the.......... (the name of the Special Economic Zone concerned) Authority Fund and there shall be credited thereto-- (a) all sums of money, which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide to the Authority; (b) all grants or loans that may be made to the Authority under this Act; (c) all sums received on account of user or service charges or fees or rent for the use of properties belonging to the Authority; (d) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (2) The Fund shall be applied for meeting-- (a) the salaries, allowances and other remuneration of the members, officers and other employees of the Authority; (b) the expenses of the Authority in the discharge of its functions under section 34; (c) the repayment of any loan; (d) the expenses on objects and for.....

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Special Economic Zones Act, 2005 Section 10

Title: Suspension of Letter of Approval and Transfer of Special Economic Zone in Certain Cases

State: Central

Year: 2005

.....take effect. (6) Upon suspension of the letter of approval under sub-section (1), the Special Economic Zone of the Developer referred to in sub-section (5) shall vest in the Administrator under sub-section (2) for a period not exceeding one year or up to the date on which the letter of approval for such Special Economic Zone is transferred, whichever is earlier, in accordance with the provisions contained in sub-sections (7) and (9), as the case may be. (7) Where the Board has given notice for suspension of letter of approval under sub-section (5), the Developer may, after prior approval of the Board, transfer his letter of approval to any person who is found eligible by the Board for grant of such approval. (8) If at any time, it appears to the Board that the purpose of the order appointing the Administrator has been fulfilled or that for any reason it is undesirable that the order of appointment should remain in force, the Board may cancel the order and thereupon the Administrator shall be divested of the management of the Special Economic Zone which shall, unless otherwise directed by the Board, again vest in the person, being the Developer, in whom it was vested.....

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Special Economic Zones Act, 2005 Section 49

Title: Power to Modify Provisions of This Act or Other Enactments in Relation to Special Economic Zones

State: Central

Year: 2005

(1) The Central Government may, by notification, direct that any of the provision of this Act (other than sections 54 to 56) or any other Central Act or any rules or regulations made thereunder or any notification or order issued or direction given thereunder (other than the provisions relating to making of the rules or regulations) specified in the notification-- (a) shall not apply to a Special Economic Zone or a class of Special Economic Zones or all Special Economic Zones; or (b) shall apply to a Special Economic Zone or a class of Special Economic Zones Or all Special Economic Zones only with such exceptions, modification and adaptation, as may be specified in the notification: Provided that nothing contained in this section shall apply to any modifications of any Central Act or any rule or regulation made thereunder or any notification or order issued or direction given or scheme made thereunder so far as such modification, rule, regulation, notification, order or direction or scheme relates to the matters relating to trade unions, industrial and labour disputes, welfare of labour including conditions of work, provident funds, employers' liability, workmen's.....

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Indian Evidence Act 1872 Section 105

Title: Burden of Proving That Case of Accused Comes Within Exceptions

State: Central

Year: 1872

When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, (45 of 1860) or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Illustrations (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control; The burden of proof is on A. (c) Section 325 of the Indian Penal Code (45 of 1860), provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing the case under section 335 lies on A.

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Special Economic Zones Act, 2005 Section 33

Title: Special Provision for Transfer of Officers or Other Employees to Authority

State: Central

Year: 2005

.....be lawful for the Central Government to transfer to each Authority, by order, and with effect from such date or dates, as may be specified in the order, any officer or other employee holding office as such (except officers or other employees on deputation) in the existing Special Economic Zone concerned: Provided that the scale of pay of the post to which such officer or other employee is transferred shall not be lower than the scale of pay of the post which he was holding immediately before such transfer and the other terms and conditions of service (including pension, leave, provident fund and medical benefits) of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer: Provided further that if, immediately before the date of his transfer, any such officer or other employee is officiating in a higher post under the Central Government either in a leave vacancy or in any vacancy of a specified duration, his pay and other allowances, if any, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the.....

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Special Economic Zones Act, 2005 Section 44

Title: Applicability of Provisions of This Act to Existing Special Economic Zones

State: Central

Year: 2005

All the provisions of this Act (except sections 3 and 4) shall, as far as may be, apply to every existing Special Economic Zone.

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Special Tax on Entry of Certain Goods Act, 2004 Complete Act

Title: Special Tax on Entry of Certain Goods Act, 2004

State: Karnataka

Year: 2004

Preamble 1 - SPECIAL TAX ON ENTRY OF CERTAIN GOODS ACT, 2004 Chapter I Section 1 - Short title, extent and commencement Section 2 - Definitions Chapter II Section 3 - Levy and collection of tax Section 4 - Reduction in tax liability Section 5 - Power to exempt tax Chapter III Section 6 - Tax authorities, returns, assessments, payments, recovery, etc. Section 7 - Burden of proof Section 8 - Protection of action in good faith Section 9 - Courts not to set aside or modify assessment, except, as provided in this Act Chapter IV Section 10 - Offences and penalties Section 11 - Offences by companies Section 12 - Cognizance of offences Section 13 - Compounding of offences Chapter V Section 14 - Power to remove difficulties Section 15 - Power to make rules

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Special Tax on Entry of Certain Goods Act, 2004 Section 9

Title: Courts Not to Set Aside or Modify Assessment, Except, as Provided in This Act

State: Karnataka

Year: 2004

No suit or other proceeding shall, except as expressly provided in this Act, be instituted in any Court to set aside or modify any assessment made under this Act.

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Special Economic Zones Act, 2005 Chapter II

Title: Establishment of Special Economic Zone

State: Central

Year: 2005

.....Economic Zone may be established under this Act, either jointly or severally by the Central Government, State Government, or any person for manufacture of goods or rendering services or for both or as a Free Trade and Warehousing Zone. (2) Any person, who intends to set up a Special Economic Zone, may, after identifying the area, make a proposal to the State Government concerned for the purpose of setting up the Special Economic Zone. (3) Notwithstanding anything contained in sub-section (2), any person, who intends to set up a Special Economic Zone, may, after identifying the area, at his option, make a proposal directly to the Board for the purpose of setting up the Special Economic Zone: Provided that where such a proposal has been received directly from a person under this sub-section, the Board may grant approval and after receipt of such approval, the person concerned shall obtain the concurrence of the State Government within the period, as may be prescribed. (4) In case a State Government intends to set up a Special Economic Zone, it may after identifying the area, forward the proposal directly to the Board for the purpose of setting up the Special Economic.....

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Special Court (Trial of Offences Relating to Trnsactions in Securities) Act, 1992 Section 9A

Title: Jurisdiction, Powers, Authority and Procedure of Special Court in Civil Matters

State: Central

Year: 1992

.....before such commencement, by any civil Court in relation to by matter of claim-- (a) relating to any property standing attached under sub-section (3) of section 3; (b) arising out of transactions in securities entered into after the 1st day of April, 1991, and on or before the 6th day of June, 1992, in which a person notified under sub-section (2) of section 3is involved as a party, broker, intermediary or in any other manner. (2) Every suit, claim or other legal proceeding (other than an appeal) pending before any Court immediately before the commencement of the Special Court (Trial of Offences Relating to Transactions in Securities) Amendment Act, 1994, being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of the Special Court under sub-section (1), shall stand transferred on such commencement to the Special Court and the Special Court may, on receipt of the records of such suit, claim or other legal proceeding, proceed to deal with it, so far as may be, in the same manner as a suit, claim or legal proceeding from the stage which was reached.....

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