Procedure for seeking WFH permission under newly inserted Rule 43A of SEZ Rules, 2006

The Noida SEZ Department vide Circular F. No. DC/NSEZ/2022/WFH/ 5936 dated July 19, 2022 has issued a procedure for seeking Work From Home (“WFH”) permission under newly inserted Rule 43 A of SEZ Rules, 2006 (“the SEZ Rules”).

Attention of all SEZ units under the jurisdiction of the Development Commissioner, Noida SEZ is hereby drawn to Rule 43A inserted through Special Economic Zone (Third Amendment) Rules, 2022 issued under GSR No.576(E) date July 14, 2022 by the Department of Commerce in connection with the Work from Home (WFH) provisions in Special Economic Zones (SEZs).

With a view to ensuring a smooth implementation of these new provisions specifically those reflected in the new Rule 43A, the issue has been examined and it has been decided to lay down following procedure to be followed by all units under the jurisdiction of DC NSEZ:

(a) The units would submit new applications for WFH, at least 15 days in advance, preferably by email, through the registered email ID of the unit, to the concerned Deputy Development Commissioner (ddc1@nsez.gov.in or ddc2@nsez.gov.in or ddc3@nsez.gov.in) with a copy to the Specified Officer concerned. However, in case, a physical copy is being submitted, a soft copy should also be provided through email. The application should contain a covering note signed by the authorized signatory of the unit mentioning the:

i. date of permission

ii. total number of employees

iii. number of employees for whom WFH is being sought

iv, Duration for which permission for WFH is required

(b) The attachment with the covering note should be an excel sheet containing the following columns

i. Name and designation of Employee availing of WFH facility

ii. SEZ ID Card No. of the employee

iii. Validity/ Expiry date of the SEZ ID Card

iv. Duration for which the permission for WFH is required (in case it is different from the general duration for which permission is sought)

(c) The units would also give an undertaking on their letter head through authorized signatory that they would follow all the conditions and stipulations laid down in the new Rule 43A of SEZ Rules, 2006.

An Unit, where, its employees are working from home or from any place outside the Special Economic Zone on the date of commencement of the Special Economic Zones (Third Amendment) Rules, 2022 shall submit its proposal for permission to the Development Commissioner within ninety days from the date of such commencement (i.e. July 14, 2022).

In view of insertion of rule 43 A in SEZ Rules, the circular No. 10/311/2010-SEZ/4299 dated May 27, 2022 stands withdrawn with immediate effect.

The Circular can be accessed at: https://www.nsez.gov.in/Resources/Announc/Circular%20WFH.pdf

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