(1) All expenditure of the Authority except as specified in the sub rule (2) below, shall be approved by the Authority.
(2) The Chairperson shall have,-
(i) powers to approve minor works and maintenance works of the Zone;
(ii) powers to approve recurring expenditure in connection with:- (a ) Salaries, (b ) Overtime allowances,
(c) Travel Expenses, (d ) Advertisement and Publicity, (e ) Rent, Rates, Taxes, ( f ) Professional services and legal expenses, and
Explanation: Minor works and maintenance works mentioned at clause (i) above means work costing less than rupees fifty lakhs per work.
(iii) powers to approve contingent expenditure both recurring and non-recurring:
Provided that the expenditure so incurred does not exceed Rupees Fifty lakhs at a t ime:
Provided further that the Authority concerned shall be competent to incur such expenditure beyond rupees fifty lakhs.
( 3 ) The Chairperson of the Authority shall be competent to approve the official tours of other members and officers of the Authority undertaken in connection with the affairs of the Authority both within and outside the country in accordance to the rules applicable to the officers of the Central Government of equivalent rank posted at those places:
Provided that the Chairperson shall be self controlling officer in respect of all travels.
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Provided further that prior sanction of the Central Government shall be obtained for the official travels of the Chairperson outside the country.
(4) The Authority shall be competent to prescribe the entitlements regarding mode of travel, hotel accommodation, daily allowance, road mileage and other incidental expenditure in connection with the official functioning of its Chairperson and other employees as are applicable to the officers of the Central Government of equivalent rank posted at these places.
(5) There shall be a complete ban on extension of service of any Officer or employee of the Authority beyond the age of superannuation which shall be on par with the employees of the Central Government.
(6) The Authority shall have powers to write off irrecoverable losses of its property on account of theft, fraud, negligence, natural calamity, fire and irrecoverable lease rent, licence fee and other user charges in respect of the assets and services of the Authority, including irrecoverable dues on account of Court orders and other statutory proceedings:
Provided that any write-off of losses beyond the sum of rupees one lakh shall be with the prior approval of the Central Government.
Provided further that in all cases of write-off of losses full details and reasons for doing so shall be recorded in writing.
(7) The Authority may enter into any contract for the discharge of its functions under the Act:
Provided that every agreement or contract for technical collaboration or consultation with foreign Governments or their firms shall require the prior sanction of the Central Government.
( 9 ) All cheques and all pay orders for making deposit or investment or withdrawals of the sums or for the disposal in any manner of the funds of the Authority,- - 6 - shall be signed by two officers of the Authority nominated by the Chairperson for this purpose, if the cheques or pay orders are for an amount not exceeding rupee ten lakhs; and shall be signed by the Chairperson of the Authority and the Secretary if exceeds rupee ten lakhs:
Provided that in the absence of the Secretary such cheques or pay orders shall be signed by the Chairperson and any other officer of the Authority.
8 . The Deve lopment Commissioner w h o is t h e Chairperson a n d t h e Chief Execut ive Officer of t h e Author i ty sha l l . - ( i ) in the absence of regular Secretary, may designate any officer of the Authority to act as Secretary to the Authority and such appointment shall be ratified by the Authority in its next meeting;
( i i ) entrust such other duties and responsibil it ies to the Secretary;
( i i i ) implement the decisions of the Author i ty ;
( iv ) comply w i th the directions of the Central Government under section 38 of the Act for i ts efficient admin is t ra t ion;
( v ) mainta in the land records and t i t le deeds of the Special Economic Zone concerned in safe custody;
(v i ) defend the suits against the Central Government in any Court for payment of enhanced compensation for pr ivate lands acquired under the Land Acquisit ion Act for development of the Special Economic Zone ;
(vii) defend all the proceedings or suits ini t iated against the Central Government or the Author i ty or any other officer on account of the actions taken by the Estate Officer of the Zone concerned under the Public Premises (Evict ion of Unauthorized occupants) Act , 1 9 7 1 :
Provided that the lease agreements as aforesaid which are in force as agreements between the President of India represented by the Development Commissioner and the Units or other parties as on the date of commencement of these rules shall be deemed to be executed between the Authority and the Units or other parties for the balance period of the lease;
(a ) (b ) - 7 - (v i i i ) execute Lease Agreement between the Authority and the Units or other parties in respect of built-up premises or land allotted, in the format specified by the Authority;
(ix) take steps to initiate legal proceedings against the Units or licence holders in the Special Economic Zone concerned or defend all suits, applications, writ Petitions and any other legal proceedings as he considers necessary to protect the interest of the Authority and the Central Government;
(x) may allot built-up premises or land to the entrepreneur for authorised operation after issue of Letter of Approval by the Development Commissioner;
(xi) take steps to ensure recovery of all the dues of the Authority and the Central Government;
(xii) to recommend actions as per the procedures prescribed under the Special Economic Zones Act and the rules made there under and Foreign Trade Policy to suspend or cancel the Import-Export Code Number or cancel the Letter of Approval , Letter of Permission in respect of any Unit inside the Zone where such action is warranted on account of violation of conditions of lease or licence;
(xiii) prevent the entry of unauthorised persons into the Zone and regulate and restrict the entry of private and other public vehicles and goods carriers in the interest of safety and security of the various Units inside the Zone and their workers.
(xiv) sign all instruments of contract with regard to lease, acquisition, holding and disposal by way of sale or otherwise of any immovable property and it shall be duly authenticated by common seal of the Authority:
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Provided that no sale or mortgaging or offering as collateral security or alienation in any other manner of movable and immovable property of the Central Government acquired on behalf of the President of India in terms of the provisions of the lease deed against any Unit in the Special Economic Zone and vested in the Central Government shall be permissible without the prior approval of the Central Government.
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CHAPTER – I V APPOINTMENT OF THE OFFICERS AND EMPLOYEES OF THE AUTHORITY
9. (1) The Authority shall appoint officers and employees for the efficient discharge of its function.
(2) Categories, numbers and pay scales of the officers and employees required by the Authority under sub-rule(1) shall be decided with the approval of the Central Government.
(3) The appointment to the service of the Authority may be made by any of the following methods; namely : -
(a) transfer of any officer or employee in the existing Special Economic Zones as per sub-section (1) of section 33 of the Special Economic Zone Act including by way of absorption.
(b) transfer on Deputation or Absorption from the Central Government, State Governments, Union territory Administrations and Public Sector Undertakings of the States, Central, Union territory Administrations and Autonomous bodies funded fully or partly by the Central, State Governments and Union territory Administrations;
(c) promotion from amongst the employees of the Authority; and
(d) direct recruitment.
(4) The Authority may engage agencies or employees on contract/outsourcing for discharge of its functions and the terms and conditions of such appointment shall be decided by the Authority and preference shall be given to outsource all works to the extent possible and only if outsourcing cannot be done as a principle, regular staff shall be appointed.
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(5) The tota l expenditure in any financial year on salary, remunerat ion and other allowances of al l employees of the Author i ty shall not exceed f i f teen percent of i ts own revenues of the previous financial year or as specified by the Central Government f rom t ime to t ime in this regard :
Provided further that for incurr ing expenditure beyond f i f teen percent, a proposal shall be made to the Central Government giving adequate justif ications and the addit ional expenditure may be incurred only wi th the prior approval of the Central Government .
(6) The regular Central Government employees who were absorbed in the Author i ty shall be governed by rule 37 of the Central Civil Services (Pension) Rules, 1972 read w i th orders of the Central Government issued f rom t ime to t ime .
(7) The permanent absorpt ion of regular Central Government employees to the Author i ty shall take effect f r om the date on which their options are accepted by the Central Government .
(8) On and f rom the date of such acceptance, such employees referred to in sub-rule ( 6 ) of this rule shall cease to be Government servants.
(9) The regular Central Government employees absorbed in the service of the Author i ty shall be governed by the rules as specified in the Schedule-I annexed to these rules t i l l the making of rules by the Central Government in this behal f :
Provided that in case of any difficulty arises in applying such rules, the matter shall be decided by the Authority and the decision of the Authority there on shall be final.
(10) After absorpt ion of the regular Central Government employees in the service of the Author i ty , - (a ) the dismissal or removal from the service of the Authority of any employee after such absorption for any subsequent misconduct shall not amount to forfeiture of the retirement benefits for the service rendered under the Government;
- 11 - (b ) the Authority shall be competent to continue and complete the disciplinary proceedings and impose appropriate penalty, if found necessary, under the Central Civil Services (Classification, Control and Appeal) Rules-1965 against any employee of the Authority in respect of whom the Development Commissioner or an officer subordinate to the Development Commissioner, was the Appointing/ Disciplinary Authority, in respect of any misconduct committed before the absorption of such employees in the service of the Authority;
(c) in other cases not covered by clause (b) above, where the Appointing or Disciplinary Authority of the delinquent official was the President of India or the Central Government, the disciplinary proceedings will be continued and completed by the Central Government.
(11) The terms and conditions of deputation to the service of the Authority shall be decided by the Authority in consultation with the lending organisations and with the approval of the Central Government.
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CHAPTER – V MEETINGS OF THE AUTHORITY