Section 20 in The Special Economic Zones Rules, 2003
20. Closure of special economic zone.
- In the event of closure of a special economic zone,-(a)goods admitted into a special economic zone unit duty free within such special economic zone and lying unutilised as well as goods produced or manufactured in such special economic zone unit, shall be [either exported or shall be transferred to another special economic zone unit in other special economic zone or to export oriented undertaking or unit in electronic hardware technology park or software technology park with out payment of duty or] [Substituted words "either exported or" by Notification No. G.S.R. 305(E) dated 11.5.2004 (w.e.f. 22.7.2003)] duty shall be paid as if the goods have been removed for home consumption under clause (b) of section 76 F of the Act, within a period of three months from such closure:Provided that in case of used capital goods, abatement of duties of customs shall be available in accordance with the provisions of sub-rule (1) of rule 9.[Provided further that in case the goods admitted into special economic which benefit under duty exemption pass book scheme or duty draw back has been availed, are removed as such or after subjecting them to a process not amounting to manufacture, to an export oriented undertaking or software technology park unit or electronic hardware technology park unit directly by the special economic zone or another special economic zone, the duty equal to benefit availed under duty exemption pass book scheme or duty drawback shall be liable to be paid.] [Inserted by Notification No. G.S.R. 305(E) dated 11.5.2004 (w.e.f. 22.7.2003)](b)any goods imported or procured from domestic tariff area by the developer of the special economic zone for development of zone and all such goods allowed admission to the special economic zone for maintenance, operation of the special economic zone and for providing public utility services in the special economic zone, shall be either exported or removed for home consumption on payment of applicable duties within a period of six months from such closure:Provided that in case of used machinery, abatement of duties of customs shall be available in accordance with the provisions of sub-rule (1) of rule 9.Form-IGeneral Bond (With Surety/ Security) To Be Executed By A Special Economic Zone Unit.We .............having our registered office at .......... hereinafter referred to as the Obligors and ............called the surety (ies)(which expression shall, unless repugnant to the context or meaning thereof, include our heirs, successors, executors, administrators, liquidators, legal representatives and assignees) hereby hold and firmly bind ourselves jointly and severally unto the President of India, hereinafter referred to as `the Government' in the sum of Rs. ..........Rupees..........only) for which payment to be well and truly made, we, the obligors, bind ourselves by these presents.Whereas we the obligors have been granted by the Government a letter of permission for setting up a unit in special economic zone for purposes of carrying out authorised operation specified in the letter of permission and for export of goods and services out of India on the terms and conditions stipulated in the letter of permission number .........dated ..........and we the obligors have duly accepted the said terms and conditions.And Whereas the Assistant Commissioner of Customs or Deputy Commissioner of Customs of ..........special economic zone has authorised the premises at ..............as special economic zone unit wherein the dutiable goods, imported or sourced indigenously or sourced from other export oriented undertaking, software technology park units or electronic hardware technology park unit or special economic zone unit in the same zone or other special economic zone by us from time to time for manufacture of goods or services as aforesaid could be deposited for a period of 5 years without payment of duty.And Whereas the said Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligor to clear duty free imported goods from ports or airports or inland container depots or specified land custom stations or customs warehouses or international exhibition held in India, as the case may be, for admission into the special economic zone.And Whereas the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligors to remove the said goods or goods manufactured or produced from the said unit without payment of duty and despatch the same by air, sea, rail or road, courier or post for export to foreign countries without payment of duty and when required bonafide to do so, or to other export oriented undertaking or to electronic hardware technology park unit or to software technology park unit or to other special economic zone unit subject to the prescribed conditions set out for the due arrival of the said goods at the said export oriented undertaking, or a the electronic hardware technology park unit or at the software technology park unit or at the special economic zone unit.And Whereas the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligor to remove the goods imported or sourced domestically or goods partially manufactured or processed therefrom to any other place in India without payment of duty subject to such conditions and limitations as may be specified by him, for the purpose of test, repairs, calibration, re-engineering, re-conditioning or display and to be returned to the unit thereafter.And Whereas the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted provisional assessment of goods brought into the special economic zone or manufactured by the above Obligors from time to time which could not be finalised for want of full information as regard to value description or quality or the proof thereof or for the non-completion of the chemical or other tests in respect thereof or otherwise at the request of the obligor.And Whereas the Assistant Commissioner of Customs or Deputy Commissioner of Customs or such other delegated authority, as the case may be, has required the obligor to deposit as security for the amount of this bond, the sum of Rs...........(Rupees..............only) endorsed in favour of the President of India and accepted for and on behalf of the President of India by the Commissioner, Deputy Commissioner, Assistant Commissioner, Superintendent of Customs, namely,...........and whereas the obligor has furnished such guarantee by depositing the cash or securities as aforesaid.NOW THE CONDITIONS OF THE ABOVE WRITTEN BOND ARE THAT:
