Industrial Park Scheme 1999

 
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[SO 1201(E), DATED 1-12-1999]

In exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby frames the following scheme for industrial parks, namely:--

1.- Short title and commencement .

(1) This scheme may be called the Industrial Park Scheme, 1999.

(2) It shall come into force on the date* of its publication in the Official Gazette.

2.- Definitions .

In this Scheme, unless the context otherwise requires,--

(a) "Act" means the Income-tax Act, 1961 (43 of 1961);

(b) "allocable area" means,--

(i) in the case of an industrial park referred to in sub-paragraph (b) of paragraph 4, the net floor area available

for allocation but excluding the built-up space used for providing common facili­ties:

(ii) in any other case, the net area available for allocation for industrial, commercial or residential purpose but

excluding the areas used for providing common facilities;

(c) "common facilities" includes the facilities of airconditioning, roads (including approach roads), water supply and

sewerage, common effluent treatment facility, telecom network, generation and distribution of power used by two

or more industrial units in an industrial park;

(d) "empowered committee" means a committee constituted under paragraph 7;

(e) "form" means a form appended to this Scheme;

(f) "infrastructure development" includes, roads (including approach roads), water supply and sewerage, common

effluent treatment facility, telecom, network, generation and distribution of power, air-conditioning and such other

facilities as are used for common purpose of the units therein;

(g) "paragraph" means paragraph of this Scheme;

(h) "undertaking" means any undertaking which is engaged in the business of developing, developing and operating or

maintaining and operating an industrial park notified by the Central Government in accordance with this Scheme. (i)

"unit" means any separate and distinct entity for the purpose of one or more State or Central Tax Laws.

3. Period of operation of the scheme.

This Scheme shall be in operation for the period beginning on the 1st day of April, 1997, and ending on the 31st day of March, 2002, as specified in clause (iii) of sub-section (4) of section 80-IA of the Act.

4. Objectives of the industrial park.

Any project, being an industrial park, shall aim at setting up of--

(a) an industrial model town for development of industrial infrastruc­ture for carrying out integrated manufacturing

activities including research and development by providing plots or sheds and common facilities within its

precincts; or

(b) an industrial park for development of infrastructural facilities or built-up space with common facilities in any area

allotted or earmarked for the purposes of software development, gems and jewellery, electronics hardware; or

(c) a growth centre under the Growth Centre Scheme of the Government of India:

Provided that the Scheme referred to in this clause is implemented by an undertaking and the growth centre is distinctly developed as a separate profit centre.

5.- Automatic approval .

(1) An undertaking shall make an application in Form IPS-1 along with an affidavit certifying the details given in such application for obtaining approval for setting up an industrial park.

(2) An application under sub-paragraph (1) shall be made to the Entrepreneur­ial Assistance Unit of the Secretariat for Industrial Assistance, Department of Industrial Policy and Promotion in the Ministry of Industry, Udyog Bhawan, New Delhi-110 001.

(3) The secretariat for industrial assistance referred to in sub-paragraph (2) shall, upon receipt of application, give acknowledgement for receipt of such applications along with registration number allotted by such secretarial.

(4) Every application under sub-paragraph (1) shall be accompanied by a fee of five thousand rupees payable by a demand draft drawn in favour of Pay and Accounts Officer, Department of Industrial Development payable at State Bank of India, Nirman Bhawan Branch, New Delhi-110 001,

(5) All applications made under sub-paragraph (1) and eligible for automatic approval in accordance with paragraph 6 shall be disposed of within fifteen days of making of such application and the decision for such approval shall be communicated to the applicant immediately on disposal of such application.

(6) In case any application is not found eligible for automatic approval in accordance with paragraph 6, the decision regarding the same shall be immediately communicated to the applicant.

6.- Criteria for automatic approval.

An undertaking which seeks approval under paragraph 5, shall fulfil the following conditions, namely:--

(a) The minimum area required to be developed for an industrial model town shall be 1,000 acres:

Provided that the minimum area for specified industrial park referred to in clauses (b) and (c) of paragraph 4 may vary

depending upon their activities.

(b) The project referred to in clauses (a) and (b) of paragraph 4 shall have provisions for the location of minimum number of

industrial units as follows:

  Type of industrial park  Minimum No. of units to be provided in the industrial model town/ industrial park 
  (1)  (2) 
(i) (ii)  Industrial model town Referred to in clause (a) of paragraph 4 Industrial park referred to in
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