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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Special Economic Zones

Tarini Exports Ltd is evaluating a unit inside a Special Economic Zone in Gujarat. Its company secretary notes that, for the purpose of undertaking authorised operations, the SEZ is treated under the SEZ Act, 2005 as:

Under the SEZ Act, 2005, an SEZ is deemed to be a territory outside the customs territory of India for the purpose of undertaking authorised operations. This is a deeming fiction for customs purposes and does not make the zone a foreign country for every law.

  1. AA territory within the customs territory of India
  2. BA territory outside the customs territory of IndiaCorrect
  3. CA foreign country for all laws, including labour laws
  4. DA port only, and never an airport or inland container depot

Explanation

Section 53(1) deems an SEZ, from the appointed day, to be a territory outside the customs territory of India for undertaking authorised operations. The option saying it is within the customs territory reverses the rule. Treating it as a foreign country for all laws is wrong because the deeming is for authorised operations, and section 53(2) allows it to be deemed a port, airport, ICD or land station.

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