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

The Central Government proposes a notification under section 49 of the SEZ Act, 2005 declaring that a certain Central Act shall not apply to all SEZs. Which statement is correct?

A proposed section 49 notification must be laid in draft before each House of Parliament for a total period of thirty days. If both Houses agree to disapprove or modify it, it is not issued or is issued only in the modified form. It is not issued first and laid later.

  1. AThe notification cannot be issued unless the State Legislature consents
  2. BA copy of the proposed notification must be laid in draft before each House of Parliament for a total of thirty daysCorrect
  3. CThe notification takes effect immediately and is laid before Parliament only after being issued
  4. DThe power extends to sections 54 to 56 of the SEZ Act itself

Explanation

Section 49(2) requires every proposed notification to be laid in draft before each House of Parliament for a total of thirty days, and it is not issued, or is issued only as modified, if both Houses agree to disapprove or modify. Laying it only after issue is wrong because it is a draft procedure. Section 49(1) expressly excludes sections 54 to 56 from this power.

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