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CMA Final · Indirect Tax Laws and Practice · Special Economic Zone Scheme

Under section 49(2) of the SEZ Act, 2005, a draft notification modifying provisions for SEZs is laid before Parliament. What is the correct position on how it proceeds?

The draft notification is laid before each House for a total of thirty days. If both Houses agree to disapprove it, it is not issued, and if both agree to modify it, it is issued only in that modified form.

  1. AIt is laid for a total of thirty days, and it is not issued, or issued only as modified, if both Houses agree to disapprove or modify itCorrect
  2. BIt is laid for fifteen days and is issued unless either House disapproves
  3. CIt is laid for sixty days and needs an affirmative resolution of both Houses
  4. DIt need not be laid before Parliament, as it is a Central Government notification

Explanation

The sub-section requires the draft to be laid before each House while in session for a total of thirty days, in one or more sessions. If both Houses agree in disapproving it, it is not issued; if both agree on modification, it is issued only in the modified form. Disapproval by one House is not enough.

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