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Notification: SO 193E
Section(s) Referred: s. 80I-A ,r. 18C(2)
Statute: INCOME TAX
Date of Issue: 30/3/1999
In exercise of the powers under section 80I-A of the Income-tax Act, 1961, read with sub-rule (2) of rule 18C of the Income-tax Rules, 1962, the Central Government hereby makes the following scheme for industrial park for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2002, namely :
1. Objectives of the scheme
The scheme shall aim at setting up :
(a) an Industrial Model Town for development of industrial infrastructure for carrying out integrated manufacturing activities including Research and Development by providing plots/sheds and common utilities such as roads, water, power, drainage and telecommunication within its precints; or
(b) an industrial park for development of infrastructural facilities in an area as well as provision of built-up space and common facilities for the specialised purpose activity like 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 is implemented by an undertaking and where a growth centre is distinctly developed as a separate profit centre, shall also be treated as an industrial park.
2. Approval
(1) An undertaking shall make an application to the ministry of industry in the Form IPS-I annexed to the scheme for obtaining approval for setting up an industrial park, to the Entrepreneurial Assistance Unit (EAU) of the Secretariat for Industrial Assistance (SIA), Department of Industrial Policy & Promotion, Udyog Bhawan, New Delhi-110011 along with an affidavit certifying the details given in the application.
(2) An acknowledgment shall be given to the applicant by the Entrepreneurial Assistance Unit on receipt of the application along with the Secretariat for Industrial Assistance (SIA) registration number.
(3) Application shall be necessarily accompanied by a demand draft for Rs. 5,000 (rupees five thousand only) drawn in favour of “Pay and Accounts Officer, Department of Industrial Development” payable at State Bank of India, Nirman Bhawan Branch, New Delhi.
(4) All applications eligible for automatic approval in terms of para 3 below shall be disposed of and the decision communicated within 15 days of filing of complete application.
3. Criteria for automatic approval
An undertaking seeking automatic approval shall ensure that the conditions listed below are satisfied :
(1) The minimum area required to be developed for an Industrial Model Town shall be 1000 acres, however, no such minimum acreage is specified for industrial park, the size of which will depend on the nature of the activity.
(2) The project shall have provision for the location of minimum number of industrial units as follows :
Type Minimum No. of units to be provided for
(i) Industrial Model Town 50 (ii) Industrial Park 30
(3) The minimum percentage of the area to be allocated for industrial use shall not be less than 66% of the total allocable area. The allocable area will mean the net area which is available for allocation for industrial, commercial or residential purpose and will exclude such area as is used for provision of common facilities like power, telecom, roads, green belt. In case of an industrial park which is making available the built-up space, the allocable area will mean the net floor area which is available for allocation and will exclude the built-up space used for locating common facilities like air-conditioning, telecommunication installations, etc.
(4) Industrial use shall include any activity defined in the National Industrial Classification 1987 Code except the following :
Section 0 Section 8 excluding Group 892, 893, 894, 895 Section 1 Section 9 Section 5 Section X Section 7 Section XI excluding Division 75
(5) The percentage of land to be earmarked for commercial use shall not be more than 10% of the allocable area.
(6) In case of an Industrial Model Town and industrial park, the minimum investment on infrastructure development shall not be less than 50% of the total project cost. In the case of an industrial park which provides built-up space for industrial use, the minimum expenditure on infrastructure development including cost of construction of industrial space, shall not be less than 60% of the total project cost.
(7) Infrastructure development shall include expenditure on common facilities like roads (including approach roads), water supply and sewerage, common effluent treatment facility, generation and distribution of power for use of the units to be located in the Industrial Model Town/Industrial Park, telecom network, etc. and such other facilities as are for common use for industrial activity which are identifiable and are provided on commercial terms.
(8) No single unit in any project shall occupy more than 50% of the allocable industrial area of an Industrial Model Town/industrial park. For this purpose a unit means a separate taxable entity.
(9) Approval for Foreign Direct Investment/Non-Resident Indian Investment by the Foreign Investment Promotion Board/Reserve Bank of India, wherever necessary, shall be taken separately as per the policy and procedure in force.
4. Non-automatic approval
(1) All applications not eligible for automatic approval shall require the approval of the Empowered Committee, constituted under the Ministry of Industry.
(2) The Empowered Committee shall consist of :
(a) Secretary, Deptt. of Industrial Policy & Promotion, Chairman Government of India
(b) Chairman, Central Board of Direct Taxes, Govt. of Member India, or his representative
(c) Secretary, Ministry of Urban Affairs & Member Employment, Govt. of India, or his representative
(d) A representative of the State Govt. to which the Member project relates
(e) Joint Secretary, Ministry of Industry, Govt. of India Member Secretary
Provided that the Committee may co-opt other Secretaries to the Government of India and officials of financial institutions, banks and professional experts from Industry and Commerce, as and when necessary.
(3) The Empowered Committee shall consider each application on a case to case basis, subject to its complying with the statutory requirements as prescribed by the ministry of finance under the Income-tax Act, 1961, and other applicable statutory rules/regulations. The Committee will consider each case on its merit and grant approval subject to such other conditions as may be deemed fit by it. The Committee may also periodically review implementation of the approved proposals.
(4) The Empowered Committee will hold meetings whenever necessary. All Industrial Model Town/industrial park proposals received shall be placed before the Committee within 15 days of receipt. The Committee, as far as possible, would ensure that the Government decision on each proposal is communicated to the applicant within six weeks. The Committee will adopt its own mode and working procedure keeping in view the requirement of each proposal.
5. General conditions
(1) The undertaking applying for approval shall undertake to continue to operate the Industrial Model Town, industrial park or Growth Centre during the period in which the benefits under section 80I-A of the Income-tax Act are to be availed.
(2) The Central Government may withdraw the approval given to an undertaking under this scheme when such undertaking fails to comply with any of the conditions of grant of approval under paras 3 of this scheme.
[F. No. 10(8)/97/-ID(Vol.II)]
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