CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Special Economic Zones
The Centre notifies under section 49 of the SEZ Act, 2005 that several Central Acts will apply to SEZs with modifications. Which of the following subject matters can NOT be affected by such modification, according to the proviso to section 49(1)?
Under the proviso to section 49(1), the Centre cannot use its modification power over matters such as trade unions, industrial and labour disputes, and labour welfare including conditions of work and provident funds in SEZs. Customs, import or licensing matters carry no such protection.
- ARules on the manner of making regulations under a Central Act
- BMatters relating to welfare of labour, including conditions of work and provident funds, applicable in SEZsCorrect
- CMatters relating to the import of capital goods into an SEZ
- DMatters relating to the grant of licences under any Central Act to SEZ units
Explanation
The proviso to section 49(1) says the section does not apply to modifications relating to trade unions, industrial and labour disputes, welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, pensions and maternity benefits in SEZs. Import of capital goods and licensing are not protected by the proviso. Provisions relating to making of rules are separately outside section 49(1), but the labour welfare protection is the one the proviso names.
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