Professional Documents
Culture Documents
SPECIAL
ECONOMIC
ZONE
Submitted By:Kuldeep Singh
Roll No: 03
MBA (GEN.)-A
CONTENTS
S. No.
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Page No.
Introduction
Brief History of Special Economic Zone
Revolution in Indias SEZs
Objectives of SEZ
SEZ Act 2005
Salient Features of the SEZ Act
SEZ Rules 2006
Incentives and facilities offered to the SEZs
Approval mechanism and Administrative set up of SEZs
Land requirements for approved Special Economic Zones
Benefits derived from SEZs
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years
Impact of the scheme
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17.
Introduction
Special Economic Zone, the new engines for export led economic growth in India, defined
as:
Specifically delineated duty-free enclave and shall be deemed to be foreign territory
for the purposes of trade operations and duties and tariffs
. . . . EXIM Policy 2000, Chapter 9 para 30
A Special Economic Zone in short SEZ, is a geographically bound zone where the economic
laws in matters related to export and import are more broadminded and liberal as
compared to rest parts of the country. SEZs are projected as duty free area for the purpose
of trade, operations, duty and tariffs. SEZ units are self-contained and integrated having
their own infrastructure and support services.
Within SEZs, a unit may be set-up for the manufacture of goods and other activities
including processing, assembling, trading, repairing, reconditioning.
As per law, SEZ units are deemed to be outside the customs territory of India. Goods and
services coming into SEZs from the domestic tariff area or DTA are treated as exports from
India and goods and services rendered from the SEZ to the DTA are treated as imports into
India.
Brief History of Special Economic Zones SEZ
The world first known instance of SEZ have been found in an industrial park set up in
Puerto Rico in 1947. In the 1960s, Ireland and Taiwan followed suit. One of the earliest and
the most famous Special Economic Zones were founded by the government of the People's
Republic of China under Deng Xiaoping in the early 1980s. The most successful Special
Economic Zone in China, Shenzhen, has developed from a small village into a city with a
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population over 10 million within 20 years. Shenzhen SEZ, started in 1981, has achieved
38% GDP growth CAGR (highest recorded so far) mainly due to Liberal economic framework
and Integrated infrastructure at very competitive prices. China made the SEZs gain global
currency with its largest SEZ being the metropolis of Shenzhen.
From 1965 onwards, India experimented with the concept of such units in the form of
Export Processing Zones (EPZ). India was one of the first in Asia to recognize the
effectiveness of the Export Processing Zone (EPZ) model in promoting exports, with Asia's
first EPZ set up in Kandla in 1965.
Revolution in Indias SEZs
But a revolution came in 2000, when Murlisone Maran, then Commerce Minister, made a
tour to the southern provinces of China. After returning from the visit, he incorporated the
SEZs into the Exim Policy of India. With a view to overcome the shortcomings experienced
on account of the multiplicity of controls and clearances; absence of world-class
infrastructure, and an unstable fiscal regime and with a view to attract larger foreign
investments in India, the Special Economic Zones (SEZs) Policy was announced in April
2000. This policy intended to make SEZs an engine for economic growth supported by
quality infrastructure complemented by an attractive fiscal package, both at the Centre
and the State level, with the minimum possible regulations. SEZs in India functioned from
1.11.2000 to 09.02.2006 under the provisions of the Foreign Trade Policy and fiscal
incentives were made effective through the provisions of relevant statutes.
To instill confidence in investors and signal the Government's commitment to a stable
SEZ policy regime and with a view to impart stability to the SEZ regime thereby generating
greater economic activity and employment through the establishment of SEZs, a
comprehensive draft SEZ Bill prepared after extensive discussions with the stakeholders. A
number of meetings were held in various parts of the country both by the Minister for
Commerce and Industry as well as senior officials for this purpose. The Special Economic
Zones Act, 2005, was passed by Parliament in May, 2005 which received Presidential assent
on the 23rd of June, 2005. The draft SEZ Rules were widely discussed and put on the
website of the Department of Commerce offering suggestions/comments. Around 800
suggestions were received on the draft rules. After extensive consultations, the SEZ Act,
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2005, supported by SEZ Rules, came into effect on 10th February, 2006, providing for
drastic simplification of procedures and for single window clearance on matters relating to
central as well as state governments.
Objectives of SEZ
The first and the foremost objective behind the introduction of Special Economic Zones is
attracting foreign investors to the country. However, there are other objectives as well.
These are:
1. Attracting Foreign Direct Investment and promotion of exports of goods and services
2. Earning foreign exchange and contributing to the exchange rate stability
3. Increasing the export sector with more emphasis on non-traditional exports
4. Generation of employment opportunities and additional economic activity
5. Bringing in new technologies
6. Developing backward regions and development of infrastructure facilities
7. Nourishing the strategically important sectors to the economy, such as, IT, Electronics,
Tourism, R&D and Infrastructure and Human Resource Development
8. Strengthening and raising the standard of the network of local enterprises serving the
Zone.
Special Economic zones in India are based on Chinese Successes with SEZs and the United
States Foreign Trade Zones (FTZs) which are now finally set to take off after the
government has freed a lot of licensing restrictions and eased the tariffs and incentives
with the new SEZ Act, 2005.
India is looking to these SEZs to power its investment and growth and help boost
employment, manufacturing and services. The main objectives of these zones include;
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Offshore Banking Unit & International Financial Services Centre. Setting up of offshore
banking units / International Financial Services Centre in SEZs.
Notified Offences & Civil Suits. A single enforcement agency/officer for certain notified
offences as well as the designation of courts by the state governments for such offences
committed in and for civil suits arising in SEZs.
Salient Features of the SEZ Act
Governance: An important feature of the Act is that it provides a comprehensive SEZ policy
framework to satisfy the requirements of all principal stakeholders in an SEZ the
developer and operator, occupant enterprise, out zone supplier and residents. Earlier, the
policy relating to the EPZs/ SEZs was contained in the Foreign Trade Policy while incentives
and other facilities offered to the SEZ developer and units were implemented through
various notifications and circulars issued by the concerned ministries/departments. This
system did not give confidence to investors to commit substantial funds for development of
infrastructure and for setting up units.
Another major feature of the Act is that it claims to provide expeditious and single window
clearance mechanisms. The responsibility for promoting and ensuring orderly development
of SEZs is assigned to the board of approval. It is to be constituted by the central
government. While the central government may suo motu set up a zone, proposals of the
state governments and private developers are to be screened and approved by the board.
At the zone level, approval committees are constituted to approve/reject/modify
proposals for setting up SEZ units.
In addition, the Development Commissioner (DC) and his/her office is responsible for
exercising administrative control over a zone. The labour commissioners powers are also
delegated to the DC. Finally, clause 23 requires that designated courts will be set up by the
state governments to try all suits of a civil nature and notified offences committed in the
SEZs. Affected parties may appeal to high courts against the orders of the designated
courts.
Infrastructure:
Provisions have been made for the establishment of free trade and warehousing zones to
create world class trade-related infrastructure to facilitate import and export of goods
aimed at making India a global trading hub.
The setting up of offshore banking units and units in an international financial service
centre in SEZs.
The public private participation in infrastructure development.
The setting up of a SEZ authority in each central government SEZ for developing new
infrastructure and strengthening the existing one.
The SEZ Rules provide for different minimum land requirement for different class of SEZs.
Every SEZ is divided into a processing area where alone the SEZ units would come up and
the non-processing area where the supporting infrastructure is to be created.
The incentives and facilities offered to the units in SEZs and to SEZ Developers for
attracting investments into the SEZs, including foreign investment include:Customs and Excise
SEZ Units are free to import from the domestic sources without paying any duty on
capital goods, raw materials, consumables, spare, packing materials, office
equipment, DG sets, etc. for implementation of their project in the zone without
any license or specific approval. Good which are imported duty free could be
utilized over the approval period of 5 years.
Sales to DTA (Domestic Tariff Area) by SEZ units is always regarded as import and is
subject to all normal import duties, including Countervailing Duty, SAD, etc.
SEZ Units are free from the periodic examination by Customs of export and import
cargo.
Income Tax
Part-1 Income Tax incentives for SEZ units
Tax exemption for SEZ units engaged in manufacture or providing services- A new
section 10AA has been introduced in the IT Act by SEZ Act, 2005 which provides that
the units in SEZ which start manufacturing or producing articles/ things or which
start providing services on or after April 1, 2005 will be eligible for a deduction of
100 percent of export profits for the first five years from the year in which such
manufacture/ provision of services commences and 50 percent of the export profits
for the next five years. Further, for the next five years a deduction shall be allowed
of up to 50 percent of the profit as is debited to the profit and loss account and
credited to the Special Economic Zone Reinvestment Reserve Account (subject to
conditions).
Tax exemption for Offshore Banking units in SEZ- A deduction in respect of certain
incomes would be allowed under the new section 80LA, to scheduled banks or
foreign banks having an Offshore Banking unit in SEZ or to a unit of IFSC. The
deduction shall be for 100 percent of income for five consecutive years beginning
from the year in which permission/ registration has been obtained under the Banking
Regulation Act or the SEBI Act or any other relevant law and 50 percent of income
for next five years.
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Interest received by non-residents and not ordinary residents on deposits made with
an Offshore Banking Unit on or after April 1, 2005 shall be exempt from tax.
Exemption from Minimum Alternate Tax ("MAT")- Income arising or accruing on or
after April 1, 2005 from any business carried on, or services rendered by SEZ unit
would be exempt from MAT under section 115JB.
Exemption from Capital Gains- Capital gains arising on transfer of assets (machinery,
plant, building, land or any rights in buildings or land) on shifting of the industrial
undertaking from an urban area to any SEZ would be exempt from capital gains tax.
The exemption would be allowable if within one year before or three years after
such transfer:
Machinery or plant is purchased for the purposes of business of industrial
undertaking in SEZ by the assessee.
Assessed has acquired land or building or has constructed building for the purposes
of business in SEZ.
The original assets are shifted and establishment of the industrial undertaking is
transferred to SEZ; and other specified expenses are incurred.
The amount of exemption for capital gains would be restricted to the costs and
expenses incurred in relation to all or any of the purposes mentioned above.
Tax holiday for SEZ developers- A new section 80-IAB has been introduced in the IT
Act vide SEZ Act, 2005 whereby a deduction of 100 percent of profits derived from
the business of developing SEZ (notified on or after April 1, 2005) would be available
to developer of SEZ for any 10 consecutive years out of 15 years beginning from the
year in which SEZ has been notified.
Exemption under section 10(23G) that was available to infrastructure capital fund or
a cooperative bank on interest and long term capital gains investment had been
extended to investment made by SEZ developers qualifying for tax holiday under
section 80-IAB of the IT Act. However, this exemption has been withdrawn with
effect from assessment year 2007-08.
Exemption from Dividend Distribution Tax ("DDT")- No DDT would be payable by a
developer of SEZ on dividend declared, distributed or paid on or after April 1, 2005
out of current income.
Exemption from MAT- Any income earned on or after April 1, 2005 by a SEZ developer
would be exempt from MAT under section 115JB of the Act.
from Domestic Tariff Area (DTA) to SEZ.
OBUS are entitled for 100% income tax exemption for 3 years and 50% for next 2
years.
For the purpose of calculation, the value of imported capital goods shall be
amortized as follows o 1st 2nd year: 5% each year.
o 3rd 5th year: 10% each year
o 6th 8th year: 20% each year
Exemption from capital gains on transfer of an industrial unit from urban area to a
SEZ.
Drawback or such other benefit as may be admissible from time to time on goods
and services admitted from the DTA for setting up, operation and maintenance of
units.
All exports from the DTA to the Zone shall be exempt from state and local body
taxes or levies as (In some states, exports made to educational institutions,
hospitals, hotels, residential and / or commercial complexes, leisure and
entertainment facilities or any other facilities as may be notified by the state
government are not exempt).
Developers of SEZs may import or procure goods from DTA without payment of duty
for development, operation or maintenance of SEZ.
Exemption from Central Sales Tax (CST) on supply of goods from the DTA for
development, operation and maintenance of SEZs.
Income tax exemption for a block of 10 years in the first 15 years of operation.
Drawback or such other benefits as may be admissible from time to time on supply
of goods from DTA for development, operation and maintenance of SEZs.
Investment income in the form of dividends, interest or long term capital gains, of
an infrastructure capital company from investments made in an enterprise engaged
in the development, operation or maintenance of a SEZ are exempt from tax.
Foreign investment permitted.
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SEZ units may sub-contract part of production or production process through units in
the Domestic Tariff Area or through other EOU / SEZ units.
SEZ units may also sub-contract part of their production process abroad.
Labor Laws
Normal Labor Laws are applicable to SEZs, which are enforced by the respective State
Governments. However, State Governments have been requested to simplify the procedures
/ returns and for introduction of a single window clearance mechanism by delegating
appropriate powers to Development Commissioners of SEZ.
(1)
Chairman
(2)
Member, CBEC
Member
(3)
Member
(4)
(5)
Member
(6)
Member
(7)
Member
Technology
(8)
Member
Member
(10)
Member
(11)
Member
Forests
(12)
Member
(13)
Member
Affairs
(14)
Member
(15)
Member
(16)
Member
nominee
(17)
Member
(18)
Member
Member Secretary
Employment Data
Total employment in SEZs at 2008: 3,49,203 persons
Total employment in SEZs at 13 Aug 2009: 4,28,000 persons
Total incremental employment generated in SEZs since Feb., 2006: 2,93,000 persons
Break up of Employment Data
DIRECT Employment created in notified
persons)
Investment
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Exports from the functioning SEZs during the last Five years are as under
Physical exports in the year 2007-08 accounted for 84% of the total turnover of SEZs
381% increase in exports over four years (2003-04 2007-08).
Year
2003-2004
13,854
39%
2004-2005
18,314
32%
2005-2006
22 840
25%
2006-20007
34,615
52%
2007-2008
66,638
92%
Out of the 531 formal approvals given till date, 184 approvals are for sector specific and
multi product SEZs for manufacture of Textiles & Apparels, Leather Footwear, Automobile
components, Engineering etc.. which would involve labour intensive manufacturing. SEZs
are going to lead to creation of employment for large number of unemployed rural youth.
Nokia and Flextronics electronics hardware SEZs in Sriperumbudur are already providing
employment to 13722 and 629 persons. Hyderabad Gems SEZ for Jewellery manufacturing
in Hyderabad has already employed 1500 persons. They have a projected direct
employment for about 1500 persons. Apache SEZ being set up in Andhra Pradesh will
employ 30,000 persons to manufacture 10,00,000 pairs of shoes every month. Current
employment in Apache SEZ is 5325 persons. Brandix Apparels, a Sri Lankan FDI project
would provide employment to 60,000 workers over a period of 3 years. Even in the services
sector, 12.5 million sq meters space is expected in the IT/ITES SEZs which as per the
NASSCOM standards translates into 12.5 lakh jobs. It is, therefore, expected that
establishment of SEZs would lead to fast growth of labour intensive manufacturing and
services in the country.
Special Economic Zones Controversy
Land, especially agricultural land is a very sensitive issue in India. There are millions of
people whose livelihood depends on agricultural land. But the introduction of SEZ in India
has resulted in the dispossession of agricultural land and has affected the livelihood of
farmer at large. In against of this, farmers first protested to safeguard their interests
through litigation and court cases challenging the establishment of SEZs. But later on, the
resistance against SEZ in India became massive when political parties also joined the
farmers.
Jamnagar Incidence
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In November 2006, farmers from the Jamnagar District in Gujarat moved the High Court of
Gujarat and later to the Supreme Court in order to challenge the setting-up of a 10,000acre (approx. 4,000-ha) SEZ by Reliance Infrastructure. They claimed that the acquisition
of large tracts of agricultural land in the villages of the district not only violated the Land
Acquisition Act of 1894, but was also in breach of the public interest. This led the
Government to consider putting a ceiling on the maximum land area that can be
acquired for multi-product zones and decide to go slow in approving SEZs.
Nandigram Violence
The Nandigram violence is another famous incidence related to SEZ controversy. Nandigram
is a rural area in Purba Medinipur district of the Indian state of West Bengal. It is located
about 70 km south-west of Kolkata, on the south bank of the Haldi River, opposite the
industrial city of Haldia.
In 2007 the West Bengal government decided to allow Salim Group to set up a chemical hub
at Nandigram under the SEZ policy. Farmers of that village were against it. So, on the order
of the Left Front government on 14 March, 2007, more than 3,000 heavily armed police
stormed the Nandigram area. The main objective was to remove the protestors in order to
expropriate 10,000 acres of land for a Special Economic Zone (SEZ) to be developed by the
Indonesian-based Salim Group. During this incidence, police shot dead at least 14 villagers
and wounded 70 more including children and women.
The above given examples show the controversies associated with SEZs. No doubts that
these commercial hubs started with a lot of premature praise and have now became a bone
of contention which is readily exploited by the political forces to the detriment of the
peasants, who fear losing their means of livelihood.
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