Special
Economic Zones (SEZs)
The Special Economic Zones
Policy was announced in April 2000 with the
objective of making the Special Economic Zones an
engine for economic growth, supported by quality
infrastructure and an attractive fiscal package
both at the Central and State level with a single
window clearance. The experience in last 55 years
with the Industrial areas and Industrial clusters
has been that large slums come up in the
neighbourhood of these areas. Besides, the
additional population creates pressure on the
Municipal System. The SEZ concept recognizes the
issues related to economic development and
provides for developing self-sustaining Industrial
Townships so that the increased economic activity
does not create pressure on the existing
infrastructure.
-
Special
Economic Zones Act, 2005 and Special Economic
Zones Rules, 2006
Seven Export Processing Zones
set up by the Central Government at Kandla (Gujarat),
Santa Cruz (Maharashtra), Cochin (Kerala), Noida
(U.P.), Chennai (Tamil Nadu), Falta (West Bengal)
and Visakhapatnam (Andhra Pradesh), were converted
to SEZs upon announcement of the SEZ Policy. Another
EPZ set up in the private sector in Surat was
also converted to SEZ. In addition to these, 11
more SEZs were set up by the State Governments/private
sector during the period 2000-2005 in the States
of West Bengal (2), Gujarat (1), Madhya Pradesh
(1), Uttar Pradesh (1), Rajasthan (2) and Tamil
Nadu (4).
Asia’s first EPZ
was set up in Kandla in 1965. Seven more zones
were set up thereafter. However, the zones were
not able to emerge as effective instruments for
export promotion on account of the multiplicity of
controls and clearances, the absence of
world-class infrastructure and an unstable fiscal
regime. While correcting the shortcomings of the
EPZ model, some new features were incorporated in
the Special Economic Zones (SEZs) Policy 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.
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 Special Economic Zones
Act, 2005, was passed by Parliament in May, 2005
and received Presidential assent on the 23rd of
June, 2005. The SEZ Act, 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.
As a result of this Act and Rules coming into
force, it was envisaged that the SEZs would
attract a large flow of foreign and domestic
investment in infrastructure and productive
capacity leading to generation of additional
economic activity and creation of employment
opportunities.
The main objectives
of the SEZ Act are:
-
generation
of additional economic activity;
-
promotion
of exports of goods and services;
-
promotion
of investment from domestic and foreign
sources;
-
creation
of employment opportunities; and
-
development
of infrastructure facilities.
-
Amendments Carried out in The SEZ Rules, 2006
The following important amendments have been made to the SEZ Rules, 2006:
-
Increase in minimum processing area for Multi Product
SEZs to 50%;
-
Prescribing minimum built up area for Bio-technology
& Gem & Jewellery Sectors;
-
Prescribing minimum processing area for Free Trade
Warehousing Zone (FTWZ);
-
Inclusion of specific provisions regarding grant of
in-principle approval and its extension;
-
Providing for a lease period of not less than five
years as against the earlier provision of lease
period being co-terminus with the validity of
Letter of Approval;
-
Stipulating the Upper limit of the area required for
multi product SEZs at 5000 hectares, with the
State Governments having the option to prescribe a
lower limit;
-
Revising the minimum processing area uniformly at 50%
for multi- product SEZs as well as sector specific
SEZs;
-
Housing facilities to be provided to the SEZ
employees by the developer;
-
Type of land to be mentioned in the application form
of SEZ;
-
Reimbursement of duty in lieu of drawback for supply
of goods to SEZ developers against Indian
rupees;
-
A number of other amendments to delegate powers and
to simplify the procedure;
-
Term “vacant land” defined for the purpose of
SEZs;
-
Clubbing of contiguous existing notified Special
Economic Zones notwithstanding that the total area
of resultant Special Economic Zones exceeds 5000
hectares
Suggestions have been received to amend the Rules further for extending
the period of validity of formal approval,
simplification of procedure for import of duty
free material domestic tariff area etc. These
requests are being examined.
-
Current status
of approvals for setting up of Special Economic
Zones
Seven Export Processing Zones set up by the
Central Government at Kandla (Gujarat), Santa Cruz
(Maharashtra), Cochin (Kerala), Noida (U.P.),
Chennai (Tamil Nadu), Falta (West Bengal) and
Visakhapatnam (Andhra Pradesh), were converted to
SEZs upon announcement of the SEZ Policy. Another
EPZ set up in the private sector in Surat was also
converted to SEZ. In addition to these, 11 more
SEZs were set up by the State Governments/private
sector during the period 2000-2005 in the States
of West Bengal (2), Gujarat (1), Madhya Pradesh
(1), Uttar Pradesh (1), Rajasthan (2) and Tamil
Nadu (4). After the coming into force of the SEZ
Act, 2005 on 10th February 2006, 568 formal
approvals have been granted for setting up of
Special Economic Zones, out of which 291 SEZs have
been notified and are in various stages of
operation.
The fact that the approved SEZs are spread over 19
States and 3 Union Territories indicates that
these are not concentrated in any particular
region. The total land area involved in the 568
formally approved SEZs and 144 in-principle
approvals is around 1913 sq.kms. The total land
area required for these SEZs would not be more
than 0.064 % of the total land area of the country
and not more than 0.118 % of the total
agricultural land in India.
Table:
6.1
State-wise
Distribution of Approved SEZs (as on 31.3.2009)
|
State |
Formal
approvals |
In-principle approvals |
Notified
SEZs |
|
Andhra Pradesh |
101 |
3 |
60 |
|
Chandigarh |
2 |
|
2 |
|
Chattisgarh |
1 |
2 |
|
|
Delhi |
1 |
- |
- |
|
Dadra & Nagar Haveli |
4 |
- |
- |
|
Goa |
7 |
- |
3 |
|
Gujarat |
50 |
11 |
25 |
|
Haryana |
46 |
17 |
26 |
|
Himachal Pradesh |
- |
3 |
- |
|
Jharkhand |
1 |
- |
1 |
|
Karnataka |
50 |
9 |
25 |
|
Kerala |
21 |
1 |
8 |
|
Madhya Pradesh |
14 |
6 |
4 |
|
Maharashtra |
109 |
35 |
48 |
|
Nagaland |
2 |
- |
- |
|
Orissa |
10 |
3 |
5 |
|
Pondicherry |
1 |
1 |
|
|
Punjab |
10 |
7 |
2 |
|
Rajasthan |
8 |
11 |
7 |
|
Tamil Nadu |
69 |
17 |
47 |
|
Uttar Pradesh |
34 |
5 |
16 |
|
Uttarankhand |
3 |
- |
2 |
|
West Bengal |
24 |
13 |
10 |
|
GRAND TOTAL |
568 |
144 |
291 |
Source: Department of Commerce
CHART 6.1
CHART 6.1
The six major sectors
of IT/ITES, Hardware etc., Textiles and Apparel
(including Wool), Pharma and Chemicals, Biotech,
Engineering and Multi-products account for bulk
(82%) of the SEZ formal approvals granted so far.
IT/ITES/Electronic Hardware/Semiconductor is the
single most important segment accounting for about
61% of the total formal approvals followed by
Biotech and Engineering SEZs. More than half (about
51%) of the 568 formal approvals issued so far have
reached the stage of notified SEZs. This ratio is
the highest in Pharma/Chemicals sector (68%)
followed very closely by engineering sector (67%).
Among the major sectors, the
progress in this regard is slowest in respect of
Bio-tech SEZ wherein only 36% of formal approvals
have been converted into Notified SEZs. Sector-wise
details of formal approval, in-principle approvals
and notified SEZs are given in table 6.2 and charts
6.3 and 6.4 below.
Table:
6.2
Sector-wise
Distribution of Approved SEZs (as on 31.3.2009)
|
Sectors |
Formal approvals |
In-principle approvals |
Notified SEZs |
|
Aviation/Aerospace |
1 |
2 |
- |
|
IT/ITES/Electronic Hardware/Semiconductor |
348 |
11 |
188 |
|
Textiles/Apparel/Wool |
20 |
13 |
11 |
|
Pharma/chemicals |
22 |
2 |
15 |
|
Petrochemicals & petro. |
4 |
0 |
1 |
|
Multi-Product |
23 |
54 |
13 |
|
Building product/material |
1 |
2 |
- |
|
Beach & mineral/metals |
3 |
0 |
1 |
|
Bio-tech |
28 |
1 |
10 |
|
Ceramic & glasses |
1 |
- |
- |
|
Engineering |
24 |
9 |
16 |
|
Multi-Services/Services |
17 |
11 |
6 |
|
Metallurgical Engineering |
1 |
- |
- |
|
Electronic prod/ind |
3 |
4 |
3 |
|
Auto and related |
3 |
5 |
1 |
|
Energy related |
- |
- |
- |
|
Footwear/Leather |
7 |
2 |
4 |
|
Gems and Jewellery |
11 |
4 |
3 |
|
Power/alternate energy |
4 |
2 |
2 |
|
FTWZ |
8 |
8 |
1 |
|
Metal/Stain. Steel/Alum/Foundary |
9 |
4 |
4 |
|
Food Processing |
5 |
2 |
3 |
|
Non-Conventional Energy |
5 |
|
2 |
|
Plasting processing |
- |
1 |
- |
|
Handicrafts |
4 |
1 |
2 |
|
Agro |
5 |
4 |
2 |
|
Port-based multi-product |
7 |
|
2 |
|
Airport based multiproduct |
2 |
2 |
- |
|
Writing and printing paper mills |
2 |
- |
1 |
|
GRAND TOTAL |
568 |
144 |
291 |
Source: Department of Commerce
CHART 6.3
CHART 6.4
-
Some
success Stories in SEZs
Details of some
prominent new generation SEZs which have made
significant progress in terms of exports,
employment and investment generation are given
below:
-
Nokia
Special Economic Zone in Tamil Nadu (Telecom
Equipments SEZ):
-
Physical
exports of Rs. 10385.3 crore effected in three
years (2006-07 to 2008-09)
-
Direct
employment provided to 14859 persons.
-
Investment
of Rs. 2225.47 crore has already been made in
this SEZ, out of which FDI is Rs. 833.51 crore.
-
Projected
investment of Rs.2930 crore and projected
direct employment of 20000 persons.
Mahindra City
SEZ, Tamil
Nadu (Apparels and Fashion Accessories;
IT/Hardware; Auto Ancillary):
A cluster of three sector
specific SEZs in Tamil Nadu, for Apparels and
fashion accessories; IT and Hardware; and Auto
ancillary. Employment, investment and exports
together for these three SEZs are:
-
Physical
exports worth Rs. 1524.56 effected in three years
(2006-07 to 2008-09) Direct employment provided to
9383 persons.
-
Investment
of Rs. 1372.5 crore has already been made in this
SEZ, out of which FDI is Rs. 187.63 crore.
-
Projected
investment of Rs.2404.17 crore and projected
direct employment of 56766 persons.
Apache SEZ
(Adidas Group) in Andhra Pradesh (Footwear SEZ):
-
Physical
exports worth Rs.172.03 crore effected in
three years (2006-07 to 2008-09)
-
Direct
employment provided to 5342 persons, out of
which 1453 are women employees.
-
Investment
of Rs.227.15 crore has already been made in
this SEZ, out of which FDI is Rs. 16.77 crore.
-
Projected
direct employment of 20000 persons.
Infosys Tech Ltd. –Mahindra
World City
Wipro Limited, Andhra
Pradesh (IT SEZ):
-
Physical
Exports worth Rs. 586 crore was effected in
two years (2007-08 to 2008-09)
-
Direct
employment provided to 4437 persons.
-
Investment
of Rs. 371.701 crore has already been invested
in this SEZ.
-
Projected
investment of Rs.223 crore and projected
direct employment of 7000 persons.
Mundra Port and Special
Economic Zone, Gujarat (Multi product SEZ):
-
Physical
Exports worth Rs. 768.44 crore was effected in
two years (2007-08 to 2008-09)
-
Direct
employment provided to 870 persons.
-
Investment
of Rs.5219.009 crore has already been made.
-
Projected
investment of Rs.25545 crore and projected
direct employment of 2,08,869 persons.
Reliance Jamnagar
Infrastructure Ltd., Gujarat (Multi Product):
-
Physical
Exports in 2008-09 was Rs. 9882.28 crore.
-
Direct
employment provided to 2385 persons.
-
Investment
of Rs. 32082 crore has already been invested
in this SEZ.
-
Projected
investment of Rs.36274 crore.
-
Employment,
Investment and Exports in SEZs:
The details of employment and
investment generated in the Special Economic Zones
are given in Box 6.1 and 6.2 below:
|
Box
6.1 |
|
Direct
Employment in Special Economic Zones (as on
31.3.09) |
|
|
|
|
|
|
|
Box
6.2 |
|
Investment
in Special Economic Zones |
|
The Special Economic
Zones notified under the SEZ Act, 2005 have
already made an investment of Rs. 98498
crore in the very short span of time since
the coming into force of the SEZ Act in
February, 2006. |
Export Performance
As on 31.3.2009, 91 SEZs have
commenced exports. The exports in the current year
i.e 2008-09 from the SEZs as a whole have been to
the tune of Rs.99689 crore. Exports from the
functioning Special Economic Zones during the last
six years are as under:
Table: 6.3
Exports from the functioning
SEZs during the last six years
|
Year |
Value (Rs. Crore) |
Increase (%)
(Over previous year) |
|
2003-2004 |
13,854 |
39 |
|
2004-2005 |
18,314 |
32 |
|
2005-2006 |
22, 840 |
25 |
|
2006-2007 |
34,615 |
52 |
|
2007-2008 |
66,638 |
93 |
|
2008-2009 |
99,689 |
50 |
Source: Department of Commerce
--------ch6-6------
M/s
Deltmal Safety Shoes Ltd., a unit in Falta SEZ
Foreign Direct Investment in
SEZs:
In the Special Economic Zones
notified under the SEZ Act, 2005 and SEZ Act, 2006
substantial amount of FDI has already been
invested.
Some SEZs with major FDI
component of investment are:-
-
Apache
SEZ Development India Private Limited, Andhra
Pradesh
-
Brandix
India Apparel City Private Limited, Andhra
Pradesh
-
Emaar
Hills Township Private Limited, Andhra Pradesh
-
Zydus
Infrastructure Private Limited, Gujarat
-
Essar
Hazira SEZ Limited, Gujarat
-
DLF
Limited, Haryana
-
Tanglin
Development Limited, Karnataka
-
M/s
Information Technology Park Ltd, Karnataka
-
Quarkcity
India Pvt. Ltd., Punjab
-
Flextronics
Technologies (India) Private Limited, Tamil
Nadu
-
SIPCOT
SEZ, Tamil Nadu {Foxconn & Motorola (as
co-developer) - Dell (unit)}
-
Studies
on Special Economic Zones:
According to a study conducted
by the Institute of South Asian Studies (SAS), the
fiscal environment available to SEZ developers and
units have played a vital role in attracting
export oriented foreign investment in areas such
as hardware, apparel and shoes, which would have
normally headed for other Asian destinations in
its absence. This study also points towards the
relief and rehabilitation packages in poor areas
where people’s lives have improved as a result
of SEZ activity. The study has showcased some of
the successful SEZs in manufacturing sectors in
some of the investor friendly states of India and
also made suggestions on areas which need to be
focused for the smooth execution of the SEZ Act in
its spirit.
The Indian Council for Research
on International Economic Relations has also
undertaken a study on Special Economic Zones which
concludes that if the opportunities thrown open by
globalization are to be grabbed, policies ensuring
a business environment that is predictable and is
in tune with the needs of the private sector need
to be the top priority of the policy agenda. The
SEZ policy has been described as an attempt by the
Government to turn around the domestic economy and
find a niche in the global economy. According to
this study, if implemented successfully, it can
play a crucial role in promoting the manufacturing
sector. While highlighting the incremental
benefits in terms of employment, the study goes on
to state that the SEZ policy will make a positive
impact on regional employment and human
development by creating economic opportunities,
especially for those without high levels of
schooling. The fact that the SEZ Policy has
encouraged many of the Developers such as Nokia,
Apache etc. for setting up of their operations in
India has been brought out in the study. SEZ
Policy has also encouraged Indian companies like
Mahindra, Wipro, Infosys etc. to set up SEZs and
units.
Another study by the CUTS
International has revealed that the new generation
SEZs have created a tremendous local area impact
in terms of direct employment, emergence of new
activities, changes in consumption pattern and
social life, human development facilities (such as
for education, healthcare).
Yet another report of CLSA
states that SEZs will help build up local
infrastructure and reduce the burden on urban
areas by housing 12.5% of the growth in the urban
population. It projects generation of 14 million
new jobs and support annual exports of US $ 350
billion on a cumulative investment of US $ 213
billion.
-
Misapprehensions
about issues on SEZs
There have been several
misapprehensions on issues relating to Special
Economic Zones, such as misuse of land in SEZs,
diversion of domestic industries, tax losses on
account of fiscal incentives given to SEZs etc.,
which have been raised from time to time. Misuse
of land while creating infrastructure in the
non-processing area such as housing, commercial
and shopping complexes etc is often quoted. The
concept of developing a non-processing area in
SEZs is to provide support facilities to the SEZ
processing area and the employees working therein.
The authorized activities are to ensure that world
class infrastructure is set up to facilitate the
operation of manufacturing and service units in
the SEZ. The scheme envisages that the SEZ
Developer would be responsible for providing all
civic amenities and infrastructure including
roads, sewerage systems, open spaces, green
spaces, education facilities, power, water supply
and housing etc. At the zone level, the Approval
Committee headed by the Development Commissioner
which has representatives of State Government
officials and Revenue Department approves the
activities of the Developer and the units. Only
those authorized operations approved by the Board
of Approval would be eligible for tax exemptions.
In order to regulate usage of SEZ area by the
developers, precautions have been taken by way of
assessing the size requirement of infrastructural
facilities like housing, commercial spaces,
recreational amenities etc. based on the
employment generation potential of the SEZ and
granting approvals by the Board of Approvals. In
respect of housing, it is allowed only in phases
depending on the progress made in
allotting/occupancy of the Units in the SEZs.
Another area of concern often
cited was on shifting of domestic industries into
SEZs. The objective of the Special Economic Zone
Policy being generation of fresh investment and
employment, conversion of any DTA unit or even
100% EOU or STPI unit is not allowed. In order to
ensure that such conversions do not occur, the SEZ
Act and Rules stipulate that SEZs can be set up
only on vacant land. Further, the use of second
hand capital goods from the DTA has also been made
in line with the provisions of the 10AA of the
Income Tax Act, which allows only 20% of used
plant and machinery. Studies on SEZs have revealed
the fact that there are no evidences to support
the view that such relocation of units from other
schemes or DTA to SEZs is actually happening.
That the Government would be
incurring tax losses on account of the direct and
indirect tax incentives being given to SEZs is yet
another apprehension expressed from time to time.
However, evidences of employment and investment
generated by the private sector SEZs in the short
time span of two years of operation of the Act
show that in the long run, the benefits accrued
from SEZs would far outweigh the tax losses to the
Government which are notional in nature. Since
there are duty remissions provided for all exports
and tax exemptions are available for
infrastructural projects outside the SEZ, the loss
of revenue cannot be attributed to only due to the
fiscal incentives given under the SEZ Scheme.
Unless suitable incentives are given, no developer
would come forward to invest in such mega projects
without any return. In any event, the direct and
indirect tax income accruing to the Central/State
Governments in times to come due to the increased
economic activities in the SEZs and the
surrounding areas would be far higher than the
estimated tax loss.
-
Land
acquisition and purchase of land for setting
up SEZs
In the wake of controversies on
land acquisition, the Ministry of Commerce and
Industry has advised all the State Governments
that in case of land acquisition for setting up of
Special Economic Zones, first priority should be
for acquisition of waste and barren land and if
necessary single crop agricultural land could be
acquired for the SEZs. If perforce a portion of
double cropped agricultural land has to be
acquired to meet the minimum area requirements,
especially for multi-product Special Economic
Zones, the same should not exceed 10% of the total
land required for the SEZ.
Subsequent to this, in
pursuance of the decisions taken by the Empowered
Group of Ministers, the State Governments have
been informed on 15th June, 2007 that the Board of
Approval will consider only those cases where the
land has been allotted by the State Government or
its undertakings out of the land acquired by them
for industrial purposes before 5th April, 2007 or
where the land was acquired by the State
Government/ its undertakings pursuant to SEZ
in-principle approval and the land acquisition
proceedings are over on or before 5th April, 2007
and there are no disputes relating to such land;
or where no land acquisition is involved and the
applicant is in possession of the land. The State
Governments were informed that the Board of
Approval will not approve any SEZs where the State
Governments have carried out or propose to carry
out compulsory acquisition of land for such SEZs
after 5th April, 2007. The Board of Approval only
approves those proposals which are duly
recommended by the State Governments.
Export Oriented Units (EOUs)
The Export Oriented Units (EOUs)
scheme introduced in early 1981, is complementary
to the SEZ scheme. It adopts the same production
regime but offers a wide option in locations with
reference to factors like source of raw materials,
ports of export, hinterland facilities,
availability of technological skills, existence of
an industrial base and the need for a larger area
of land for the project. As on 31st March, 2009,
2546 units are in operation under the EOU scheme.
Table: 6.4
State-wise distribution of Functioning EOUs (as
on 31.3.2009)
|
States/UTs |
Functional
EOUs as on 31.3.2009 |
|
Andhra Pradesh |
237 |
|
Chhatisgarh |
1 |
|
West Bengal |
74 |
|
Jharkhand |
6 |
|
Orissa |
22 |
|
Meghalaya |
1 |
|
Gujarat |
301 |
|
Kerala |
69 |
|
Karanataka |
442 |
|
Tamil Nadu |
463 |
|
Pondichery |
26 |
|
A & N Island |
4 |
|
Maharashtra |
387 |
|
Goa,Daman & Diu |
55 |
|
Dadra&Nagar Haveli |
22 |
|
Delhi |
47 |
|
Haryana |
111 |
|
Uttar Pradesh |
107 |
|
Punjab |
24 |
|
Rajasthan |
116 |
|
Himachal Pradesh |
4 |
|
Jammu & Kashmir |
3 |
|
Chandigarh |
3 |
|
Uttrakhand |
3 |
|
Madhya Pradesh |
18 |
|
Total |
2546 |
Source: Department of Commerce
Table: 6.5
Export performance of the EOUs
(as on 31.3.2009)
| |
(Rs.
Crores) |
|
Year |
Value
of Exports |
|
2005-06 |
49,462.35 |
|
2006-07 |
69,964.60 |
|
2007-08 |
1,62,265.60 |
|
2008-09 (P)* |
1,62,647.82 |
*(P) – Provisional data
Source: Department of Commerce
Exports during 2008-09 from
EOUs were of the order of Rs.1,62,647.82 crores as
compared to the export of Rs.1,62,265.60 cores
during 2007-08 registering a growth of 0.24 %.
EOUs are mainly concentrated in
textiles and yarn, food processing, electronics,
chemicals, plastics, granites and minerals/ores.
Chapter 6 of the Foreign Trade Policy and Handbook
of Procedure, (Vol-I) spells out the policy frame
work for Export Oriented Units.
|
Box 6.3 |
|
Recent policy changes in
the EOU scheme |
|
W.e.f. 11th April, 2008: |
|
|
|
|
|
|
|
|
|
W.e.f 26th February,
2009: |
|
|
|
|
|