Economic Zones

What’s Special About Special Economic Zones

Introduction to Economic Zones

“Export else perish “ these are the words of first Prime Minister of India Pt. Jawaharlal

Nehru. India being a continent like country having 30 states, more than 1000 languages

and world second largest man power having diversified natural conditions right from Rain

Forests of Kerala, Ice Mountains of Himalaya, Runn of Kuch to productive land of

Bramahaputra has great potentials of world class export worthy products from various

industries like Agriculture, Engineering, Chemicals, Software’s, Gems and Jewellry,

Pharmaceuticals, Bio technology and many more.

During last fifty years, mostly ours exports have been less than our imports and the

balance of trade been unfavorable. In 1990-1991 India had faced real pressure on the

balance of payment. During this period, exports had stagnated and there was a crisis in

foreign reserves which lead to an emergency situation in India.

Liberalization policy was announced in June 1991. It is the precious gift of Dr Manmohan

Singh to the people of India at a time when the country was in the grip of unprecedented

economic crisis and political turmoil. One of the areas in which this policy focused on

was on increasing India’s export. And the trickle down effect of these reforms has lead to

the advent of SEZ

In this age of Globalisation, there is a need for every nation in the world to perform well

economically. With the improvements in science and technology and the raising standards

of living worldwide, ensuring economic development assumes primary importance in the

policies of every nation.

While striving for economic development, every nation takes steps necessary for the

implementation of its ambitious plans. But more often than not, these plans cannot be

affected successfully throughout the nation. There are always shortcomings in these

economic plans. Every nation wants to give its industries ample facilities for efficient

production of goods and services and in order to make them globally competitive in terms

of price and quality. Some of these facilities can be used by all industries throughout the

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nation. But sometimes, some facilities cannot be given on account of reasons like the

geographical extent and the possibility of misuse.

For Example: If a country wants to give subsidized power to a specific industry, it cannot

do so throughout the nation as keeping a check on whether the subsidized power is going

to the right people or not is a Herculean task.

Thus, in order to give the industry certain added advantages, the governments of various

nations come up with special schemes and subsidies mostly related to customs duties.

These schemes provide an upward thrust to the nation’s products in the global markets on

account of lower prices / better quality. Such schemes, if implemented directly, are not

allowed by the WTO. This has resulted in many nations coming up with such schemes in

an indirect manner. One of the most popular ones is to set up a special area demarked for

the purpose of industrial growth. Various facilities can be offered in this area without the

fear of them being misused and also, no resistance from WTO (or any other trading

partner / nation) is encountered on account of the scheme not being a national policy, but

only limited to a small area demarked for the purpose. This is where the concept of

‘Economic Zones’ comes in.

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Types of Economic Zones

Depending on the facilities provided, the level of government control exercised, the type

of industries allowed in the zone, and the type of activities allowed in the zone, they are

classified into many types by different countries. A few common types are as follows:

Foreign Trade Zone (FTZ) – These are designated sites where special customs

procedures are applicable. These procedures allow domestic activities involving

foreign trade to take place as if it were outside the nation’s borders, thus relieving

them of the Customs of the land. For Example: Miami Foreign Trade Zone,

Florida (USA)

Export Processing Zone (EPZ) – These are the most common types of zones. And

are similar to the FTZs of USA in many respects. Established for the purpose of

promoting exports, these zones concentrate on providing the exporters with all

facilities of production in one place and also relax the customs procedures for the

foreign trade activities of the units in the zones. For Example: Noida Export

Processing Zone (NEPZ), Uttar Pradesh (India)

Free Zone (FZ) – These are the zones in countries mainly like the UAE. Such

zones give total exemption from all taxes and duties levied on profits to the units

existing in them, besides other financial benefits and incentives. For Example:

Dubai – Jebel Ali Free Zone (JAFZ), Dubai (United Arab Emirates)

Special Economic Zone (SEZ) – These are an extension of the EPZ scheme with

added benefits and fewer bureaucratic hassles. But these zones do not restrict

themselves to export promotion only. They provide all facilities and infrastructure

necessary for the development of the industries in the region. They are normally

huge in size and hence are suitable for mass-production of commodities, which

can be sold domestically, as well as internationally. For Example: Shenzhen

Special Economic Zone (Shenzhen SEZ), China

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The same zones are also referred to as Free Economic Zones (FEZ) in the Kyrgyz

Republic and as Free Trade Zones in many other Asian countries. Essentially, the core

concept of all these zones is the same; i.e. to treat the designated zone as a foreign

territory for the purposes of customs procedures and to also give them certain added

incentives and infrastructure facilities, which are not available to ordinary units operating

within the country.

1.1 A permanent solution for corruption: Special Governance Zone (SGZ)

In the 9th International Anti-Corruption Conference in South Africa held from 10-15 December 1999, Shang Jin Wei, Advisor to the World Bank submitted an action plan for the establishment of a new concept; the concept of SGZs (Special Governance Zones).

It advocates establishing a special governance zone (SGZ) within a country as an entry point for an eventual nation-wide anti-corruption program. A SGZ is an enclave within which comprehensive reforms can take place. It is geographically limited so that any unpredictable negative consequences can be contained.

According to the plan, reform measures can easily be explored and fine-tuned within small manageable zones before trying their implementation nationwide. Once successful, its experience can serve as a model for the rest of the country. The World Bank (and other international institutions) can play an important role especially at the initial stage of the program.

The SGZ idea reflects a fundamental belief that the quality of public governance in many developing and transition economies can be significantly improved and corruption can be drastically reduced. The proposal is designed to achieve several objectives: to start the reform program within an area small enough to contain unpredictable consequences, to experiment and fine-tune various components of the anti-corruption program in practice, and by the power of example, to build momentum to implement a nation-wide governance-improving program.

There are a few basic principles for successfully operating a SGZ. First, whenever possible, a fair market mechanism should be used to allocate resources, to produce and/or procure public goods, to cut red tape, and to reduce the need for permits and licenses. This would limit the opportunities for government officials to take bribes (and to be offered bribes). The reward for civil servants to deliver quality service and not to take bribes should be raised. At the same time, the penalty for civil servants for poor performance and for taking bribes should also be raised and fairly applied.

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Genesis of Chinese Special Economic Zones

Chinese Economic Reforms

Historically, China has adopted an inward-looking strategy to its economic development.

Successive Chinese governments thought that the economy could grow purely through

self-reliance. However, there are always limitations to what a country can do by itself, for

example limitations in raw materials, natural resources, technology, etc. These can hold

back the growth of an economy and certainly China's economic growth lagged far behind

much of the rest of the world up to the 1970's.

By contrast, countries like the USA were achieving significant economic growth in this

period because they were practising foreign trade policies, which facilitated free trade.

Any shortages in the domestic economy, for example oil in the USA or Japan, wheat in

the Soviet Union or cars in India could be compensated for by imports. Foreign trade,

then, could help to aid economic growth.

The export trade is also vital. Not only can exports be a means of paying for imports, but

they also help to earn foreign exchange. Since 1979, the Chinese government has

recognised the importance of exports as a means of fostering economic growth. Economic

policies and special incentive programmes have been introduced to increase exports.

Establishment of SEZs

When it decided to reform the national economic setup in 1978, the Chinese government

embarked on a policy of opening to the outside world in a planned way and step-by-step.

A decision was made in 1978 to permit direct foreign investment in several small "special

economic zones" along the coast. Shenzhen, Zhuhai and Shantou in Guangdong Province

and Xiamen in Fujian Province, and the entire province of Hainan were, under this policy,

the first five Special Economic Zones to be established.

The aims of the establishment of the SEZs were to earn foreign exchange, to enhance

employment, to attract foreign investment and to accelerate the introduction of

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technology and management expertise. The five SEZs established were Shenzhen,

Zhuhai, Shantou in Guangdong province, Xiamen in Fujian province and Hainan Island.

In order to attract foreign investors and develop foreign trade, the five SEZs offered

similar packages of favourable incentives to foreign firms. One of the most attractive

points of these packages was that income tax was fixed at the rate of 15 per cent, lower

than that in other parts of China. Other advantages given were tax exemptions, land use

rights, and banking and finance privileges, which were available to firms operating

outside the SEZs.

Incentives

China lacked the legal infrastructure and knowledge of international practices to make

this prospect attractive for many foreign businesses, however. In later years steps were

taken to expand the number of areas that could accept foreign investment with a

minimum of red tape, and related efforts were made to develop the legal and other

infrastructures necessary to make this work well.

Many other non-financial advantages were provided inside the SEZs. Firms were

provided relatively free-market environments with minimal government intervention.

This means that private and joint-venture enterprises were free to hire their own workers.

They were also free to set wages to reflect market conditions. Bonuses could be awarded

to workers for outstanding performance.

The common threads of these reforms are the search for efficiency and an assumption that

management of the economy by large governmental bureaucracies is unlikely to produce

this result.

Performance

Primarily geared to exporting processed goods, the five special economic zones are

foreign-oriented areas, which integrate science and industry with trade, and benefit from

preferential policies and special managerial systems. They have summed up their rich

experiences in absorbing foreign investment and developing foreign trade for China to

open up to the international market. In recent years, the special economic zones have led

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the country in establishing new systems, upgrading industries and opening wider to the

outside world, serving as national models. In 1999, Shenzhen’s new-and high-tech

industry became one with best prospects, and the output value of new-and high-teach

products reached 81.98 billion Yuan, making up 40.5 percent of the city’s total industrial

output value and coming out in front in the country.

China has so far created 124 export-processing zones. Some 18 million were employed

in firms with foreign investment alone, and many millions more in Chinese-owned zone

enterprises. Shenzhen has become a window of the country to the outside world and a

platform for reform measures, along with Xiamen, Zhuhai and Shantou.

Open Coastal Cities

In the period between 1984-

85, China further opened 14

coastal cities and three

coastal regions to foreign

investment. All of these

places provide tax treatment

and other advantages for the

foreign investor. Laws on

contracts, patents, and other

matters of concern to foreign

businesses were also passed

in an effort to attract international capital to aid China’s development. The largely

bureaucratic nature of China’s economy, however, poses inherent problems for foreign

firms that want to operate in the Chinese environment, and thus the policies to attract

foreign capital have had to evolve continually in the direction of presenting more

incentives for the foreigner to invest in China.

Since 1992, the State Council has opened a number of border cities, and in addition,

opened all the capital cities of inland provinces and autonomous regions. In addition, 15

free trade zones, 32 state-level economic and technological development zones, and 53

new- and high-tech industrial development zones have been established in large and

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2.1 China's '99 Kunming World Horticultural expo was opened on April 30. This picture shows a scene built by Shandong Province.


medium-sized cities. As a result, a multi-level, multi-channel, omni-directional and

diversified pattern of opening, integrating coastal areas with riverine, border and inland

areas has been formed in China. As these open areas adopt different preferential policies,

they play the dual roles of ‘Windows’ (in developing the foreign-oriented economy,

generating foreign exchanges through exporting products and importing advanced

technologies) and of ‘Radiators’ (in accelerating inland economic development).

All these efforts of the Chinese government were fruitful and resulted in the success of

the concept of Special Economic Zones (SEZs). The most prominent amongst the

Chinese SEZs is the Shenzhen SEZ. The growth of SEZs in China has been explained

with the example of Shenzhen SEZ in the following Chapter.

2.3 China's Special Economic Zones gear up for WTO, future

In recent years, the Chinese SEZs have been focusing on improving the overall economic quality and on developing high-tech industries and other economies with special features. Compared with other parts of China, the SEZs still hold an edge in utilizing domestic and overseas resources and markets and in adapting themselves to international common practices to boost economic development. Experts say that improving overall economic performance is a necessary choice for the SEZs, as China will face fiercer competition after its entry into the World Trade Organization. It is the only way for them to realize modernization.

To hit the goal, analysts say, the SEZs should give national treatment to overseas investors for more funding while making efforts to open up overseas markets for their own companies products. By changing the past practice of offering preferential policies to overseas investors in certain fields, the SEZs have lifted all restrictions for them. According to officials, the expansion of reform in the SEZs will focus on systematic innovations, including adjustments in the ownership structure, and transformation of functions of government departments in accordance with international common practices.

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‘Window to the World’ – Shenzhen SEZ

Shenzhen – The VillageOnly twenty years ago, Shenzhen was a small fishing village located in China's southern

province of Guangdong. Today, after two decades of rapid economic expansion, the city

enjoys the highest income per-capita among the 35 major Chinese cities at US$ 225 per

month. At close to US$ 3,000 per year the income per capita is approximately four times

the national average. This coastal city, which shares a border with Hong Kong, has

become one of China's most prosperous cities averaging an economic growth rate of 34

percent between 1980 and 1998. Now that China is being accepted into the World Trade

Organization, Shenzhen may be the quintessential model for the central government to

follow when taking its nation, gripped in authoritarian rule, and preparing it to operate in

an increasingly open market environment.

Formation of the SEZ The city of Shenzhen was founded in 1979 and a year later was established as China's

first special economic zone (SEZ) by Chinese leader Deng Xiaoping. The special

economic zones were implemented by the Communist government as a virtual laboratory

for experimentation with a free market economy. The SEZs operate under an entirely

different economic premise than that of the mainland, specifically, with an emphasis on

exporting and creating an attractive environment for foreign direct investment through

favorable tax incentives.

Influence of Hong KongWhen the SEZ was first established, the majority of the new businesses that settled in

Shenzhen were Hong Kong-based enterprises drawn to the zone to take advantage of,

among many other things, the abundance of cheap labor and the customs-free industrial

environment. Since this time, the economic border between Shenzhen and Hong Kong

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has grown increasingly vague. Hong Kong dollars flow freely in Shenzhen and many

residents of Hong Kong invest in the Shenzhen stock exchange.

The cultural border has eroded over the years as well. With the proximity that Shenzhen enjoys to Hong Kong, the population is able to pick-up Hong Kong based radio and television signals. Those in Shenzhen who speak Cantonese can receive news and other content that is restricted on the mainland. Residents of Shenzhen are therefore, able to perceive world events from a more objective point of view than the one presented by the communist government's news outlets. Currently, there are a dozen or more crossing venues between Hong Kong and Shenzhen either by land or by sea. According to the Shenzhen Municipal Foreign Investment Bureau, at the end of 1998 Hong Kong was engaged in 1,078 projects in Shenzhen accounting for over 78 percent of the total projects undertaken. Remarkably, Taiwan was the second leading project forum with 119 or 8.5 percent of the total projects.

Troubled TimesEven with its unprecedented track record for growth, things have at times been less than

perfect for Shenzhen. In 1980, Shenzhen's appeal as a SEZ made it an attractive area for

entrepreneurs and fortune hunters, but by 1992, seventeen hundred special economic

zones had been established. Over time Shenzhen was not as unique as it had once been.

Fortunately, in that same year Shenzhen was the first Chinese city to be given legislative

authority in the way of a Municipal People's Congress. To a small degree this gave the

city a level of control over local policy which was not seen anywhere else.

Additionally, the few years leading up to the return of Hong Kong to China can be

described as a time of over exuberant expectation. The extraordinarily hot Shenzhen stock

market in 1996 goes a long way in illustrating this point. The people of Shenzhen were

under the impression that when Hong Kong rejoined China in the middle of 1997, Hong

Kong residents would spill into the city buying up property as well as goods and services

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2.2 An exhibition being held in Shenzhen SEZ to showcase new technologies


from companies listed on the Shenzhen stock exchange. Investors, including small

individual investors who laid out their modest savings, began pouring money into the

stock exchange. When the time finally came for Hong Kong to reunite with the mainland,

the conclusion was anticlimactic. Many of the anticipated benefits simply did not occur,

and while some experienced asset appreciation others lost their entire savings.

Going Hi-TechTechnologically, Shenzhen did not mature as fast as some had originally anticipated.

Recently, that trend has changed. The goal of making Shenzhen one of China's most

prevalent high-tech centers is definitely being realized. The combination of favorable

economic policy, coupled with a highly

educated work force, explains the progress

being made in Shenzhen's high technology

industries. In 1998 nearly a third of all

Chinese individuals holding a doctorate

degree resided in Shenzhen. Additionally,

10 percent of all residents are estimated to

be college graduates while less than half of

one percent of the national population has

obtained a college degree. In 1998 Shenzhen

was responsible for approximately half of

China's information technology output, and the Internet industry is now beginning to gain

international exposure. Overseas investors, such as IDG and Pacific Venture Capital Co.,

are starting to channel money into the Shenzhen Internet industry.

According to a release from the Xinhua News Agency in mid-March of this year, Shenzhen has 180,000 Internet users in the city and over 40 companies offering Internet related services. Furthermore, an estimated 70 percent of these Internet users are said to be using e-commerce to buy goods. Additionally, an impressive list of

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multinational IT corporations that are increasingly being drawn to Shenzhen including Microsoft, IBM, Lucent Technologies, Compaq and Intel to name a few.

Future GrowthTo believe that Shenzhen can maintain this level of sustained growth forever would be

irrational. As the cost of labour grows higher and other areas of China begin to adopt

more market-oriented policies, businesses will ultimately begin migrating to other parts of

this vast nation. This assumption is supported by the shear size of China and the

magnitude of natural, as, well as human resources that have remained untapped for so

many years. The only question remaining is at what speed will the central government allow this to occur.

The wealth will inevitably begin to spread, but that does not mean Shenzhen will fade into China's background. The wealth generated in this city over the last twenty years has given rise to a burgeoning service sector and is home to one of China's two stock markets. The city has become a regional financial center. At the end of 1999 there were 100 financial institutions operating in Shenzhen employing an estimated 30,000 professionals. According to the Shenzhen Municipal Foreign Investment Bureau, at the end of 1999 there were 736 projects involving foreign direct investment in excess of US$ 10 million per project, 109 projects involving amounts in excess of US$ 30 million per project and 18 projects currently underway involving over US$ 100 million per project.

Transportation IssuesA major dilemma that China, as well as its trading partners face, is how to effectively access and deliver goods and services to a large percentage of the population that is geographically isolated from the major economic hubs in China. Shenzhen is very important in this respect. Over the years, the city has developed an advanced

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infrastructure that is now well poised to assist in alleviating the burden that this problem presents. The city possesses 8 harbors and 12 cargo docks and is home to the Huangtian International Airport, which is the fourth largest airport in China. Additionally, both the Beijing-Canton Railway and the Beijing Kowloon Railway converge in Shenzhen. Take the fact that Shenzhen already has the infrastructure in place to be considered a regional distribution center, and its continuous advancement in both the financial and technology sectors, one can see that as China enters the WTO and the global economy, it will look to Shenzhen as a road map for the future.

AchievementsAlready, 48 of the world's 500 top enterprises have taken root in Shenzhen. Coupled with the rapid development of its export-oriented economy, the city achieved an export volume worth US$26.4 billion in 1998, amounting to one-seventh of China's total, topping the list of China's big and medium -sized cities for six consecutive years. Output value of the city's high and new technology products was worth 65.52 billion Yuan (US$7.89 billion) in 1998, making up 35.4 per cent of the city's total industrial output.

The International Architecture Association awarded Shenzhen this year, marking the first urban planning award in China and Asia. Shenzhen's educational, scientific and cultural undertakings have also achieved one success after another.

Computer hardware, software and phone-related products made up 70 per cent of the city's total high-tech exports. Asian markets receive 60 per cent of these goods. North America gets 26 per cent and Europe gets about 10 per cent. And 31 per cent of Shenzhen's high-tech exports were from State-owned enterprises. Wholly foreign-funded

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enterprises shipped out 30 per cent, and joint ventures made 28 per cent of the exports.

Shenzhen has become one of the world's most important manufacturing bases for high and new technology, namely electronics. City's encouragement of local enterprises to update technology and protect their intellectual property rights has sharpened Shenzhen's competitive edge.

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Future of Shenzhen – Next 5 Years

The guideline and goal for the next 5 years is to follow Deng Xiaoping's theory on

building socialism society of Chinese characteristics; take "hold on to the opportunity,

deepen the economic reform, open up further, promote development, and keep stability of

the society" as the guideline. Focus on establishing market economy and mechanism,

optimize economic structure, made the city functional better, build new and high

technology industrial development zone, regional information center, trading center,

distribution center, and turn Shenzhen into a modern, international city.

In more detail, Shenzhen is going to:

1. Expedite the major projects of infrastructure construction. Infrastructure

construction is what a city based upon to exist and develop. In the coming five

years, in order to improve Shenzhen's investment environment, five networks are

to be built: public transit network, water supply network, flood preventive

network, power supply network, telecommunication network.

2. Widen the range of structural adjustment of industry; enhance the quality of

economic growth and economic efficiency. Increase the input and establish

production base to support leading industries. Encourage the merge of production

and capital. Adjust organizational structure; strengthen equity management,

quality assurance, and financial management. Put emphasis on making use of up

to date technology. Introduce new agricultural technology, increase value add and

economic efficiency on agricultural products.

3. Develop the service industry vigorously, perfecting the functionality as an

international city. Developed service industry symbolizes a modern international

city. We are to speed up the development of the service industry, and turn

Shenzhen into a financial center, information center, trading center and

distribution center.

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Construction of the Regional Financial CentreInvite more global banks and financial institutions to open office in Shenzhen; Develop

offshore business of domestic banks; broaden the coverage and internationalization of our

security industry, increase the radiation power of Shenzhen's financial institutions.

Construction of Regional Information CentreAs a hub of domestic and international market, Shenzhen boasts the unique advantage in developing information industry. We are going to strengthen the corporation with world's leading information service organizations, exploit information sources in conjunction with these organizations to form a wide connecting, highly efficient information network.

2.3 China's Special Economic Zones gear up for WTO, future

In recent years, the Chinese SEZs have been focusing on improving the overall economic quality and on developing high-tech industries and other economies with special features. Compared with other parts of China, the SEZs still hold an edge in utilizing domestic and overseas resources and markets and in adapting themselves to international common practices to boost economic development. Experts say that improving overall economic performance is a necessary choice for the SEZs, as China will face fiercer competition after its entry into the World Trade Organization. It is the only way for them to realize modernization.

To hit the goal, analysts say, the SEZs should give national treatment to overseas investors for more funding while making efforts to open up overseas markets for their own companies products. By changing the past practice of offering preferential policies to overseas investors in certain fields, the SEZs have lifted all restrictions for them. According to officials, the expansion of reform in the SEZs will focus on systematic innovations, including adjustments in the ownership structure, and transformation of functions of government departments in accordance with international common practices.

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Impact of SEZs on Chinese Economy

The favourable impact of the SEZs on the economy of China is fivefold:

They attract foreign investment

They help the growth of the export industry

They earn foreign exchange

They provide employment opportunities

They help the indigenous economy improve its level of technology

These points are discussed below in detail:

1. Foreign Investment – The preferential treaties of the SEZ's have attracted

foreign investors to invest a huge amount of money in China. For instance, Hainan and

Xiamen have attracted investments mostly from Taiwan. By June 1987, a total foreign

investment of $2.12 billion had been made in the five zones, amounting to one quarter of

the total foreign investment in China during this period. The most marked success was

registered in Shenzhen. By the end of 1986, it accounted for $1.4 billion through more

than 4000 economic cooperation agreements. One significant factor is that the investment

has not been confined to the export industry, but has permeated other sectors such as

infrastructure construction, commerce, tourism and real estate.

2. Growth of Exports – As all five SEZs are coastal cities, they are convenient for

ocean transport routes and help to promote the export industry. Preferential policies have

encouraged foreigners to set up export- oriented factories in the territories. From 1985 to

1987, an annual average real growth rate of 83% was recorded for exports from the five

zones. Shenzhen's exports, for example, grew at an average rate of 70% during this

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period. At the same time the proportion of the SEZs' industrial products that went to

export had risen to 53% by 1987.

3. Foreign Exchange – The establishment of the SEZs has opened a way for China

to increase its trade with foreign countries. They not only enhance trading activities such

as foreign investment and tourism but also help China to earn foreign exchange through

these activities.

4. Employment Opportunities – Since the beginning of the open-door policy,

small-scale private businesses have been allowed to coexist with state enterprises. This

has increased employment opportunities for local people and raised the level of economic

activity. Also, many state workers sense that going into business on their own may

provide greater income potential. They generally adopt an attitude commonly known in

China as "I Bu Zho Er Bu Shu", which, loosely translated, means ‘refusing to work and

refusing to relax’. Many prefer to work for joint-venture firms for higher wages. So the

average income in SEZs now ranks as the highest in China.

5. Improvement in Technology – In theory advanced technology and know-how

will also flow into the country as a result of foreign investment. In turn, with increasing

exports the force of international competition may bring greater pressure on Chinese

firms to adopt more efficient work practices. It is perhaps questionable how much benefit

the wider Chinese economy has reaped from these investments. The technology, patents

and know-how remain firmly the property of, and are controlled by the parent companies.

It may however be the case that in the long run the work culture and practices adopted by

foreign companies could have some wash-back effect over wider economic practices in

the country.

In conclusion, the establishment of the SEZs has helped to increase the export trade,

which in turn has helped to improve the Chinese economy. Preferential treaties have been

offered in the five SEZs to attract foreign investment. A large amount of foreign

investment has occurred not only in the export trade, but also in infrastructure

construction, commerce and tourism. Foreign companies have been encouraged to set up

factories in the territories and the export industry has grown. Jobs opportunities have been

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provided for locals as factories need labour and the average income of the people has

increased. In addition, advanced foreign technology has been brought in with the inflow

of foreign investment. All these factors have contributed to the growth of the Chinese

economy. It remains to be seen if these quantitative advances, in which the SEZs have

played an important role, are matched by commensurate advances in the quality of life for

the majority of Chinese people.

3.1 Not all roses - Unwanted byproducts of SEZ developments

About 27 million people, 90 per cent of whom are women, work in export processing zones worldwide, often earning low wages in poor working conditions, the International Labour Organisation (ILO) said. The United Nations agency also said that the industrial zones, which import and process materials before exporting them again, were huge employment generators but often lacked meaningful links with the domestic economies around them

Vietnamese example

The rapid socio-economic development in southern Vietnam’s Dong Nai Province recently has been attributed to its successful Industrial Zones (IZs), which have resulted in impressive job generation and export figures. More than 80,000 jobs have been generated by the IZs over the past five years and more than US$2.7 billion in export revenues has been earned by enterprises operating within them. Total revenues for the IZs during that period topped $4.7 billion, contributing $176 million to the State budget, nearly $1 billion in export receipts Throughout the country most of the projects in the IZs focus on sectors that is expected to provide quick returns on capital such as motorbike and electronics assembly and other industrial consumer goods. Little attention has been paid by investors, to key industrial sectors such as engineering, electronics and chemical production and food processing. Furthermore, nearly 80 percent of foreign-invested projects use obsolete machinery and equipment, resulting in products of low competitiveness aimed at domestic consumers, Another problem was that the occupancy rate of the IZs remains low with only some 41 percent of the total land area let to investors at present.

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Current Scenario

WHILE celebrating the 20th anniversary of China's four earliest Special Economic Zones

(SEZs) on August 26, the cities of Shenzhen, Xiamen, Zhuhai and Shantou, and Hainan

Province mapped out development blueprints for the new century. Analysts believe that

by setting the goals for modernization, the SEZs are still leading other parts of the country

in development as they were 20 years ago.

Two decades ago, local authorities in Shenzhen, encouraged and supported by senior

Chinese leaders including Deng Xiaoping, were determined to blaze a trail for China's

reform and opening-up drive. Shenzhen has then become a window of the country to the

outside world and a platform for reform measures, along with Xiamen, Zhuhai and

Shantou.

To ensure successful reform and opening up in the SEZs, China introduced a wide range

of special preferential policies. As the opening-up drive swept other parts of the country,

the preferential policies were applied to more regions. The saying that special economic

zones are no longer special prevails in the country. However, the SEZs have not lost their

vitality. And observers say that the SEZs still shoulder a historical mission today.

In recent years, the SEZs have been focusing on improving the overall economic quality

and on developing high-tech industries and other economies with special features.

Compared with other parts of China, the SEZs still hold an edge in utilizing domestic and

overseas resources and markets and in adapting themselves to international practices to

boost economic development.

While fully expanding economic co-operation with multinationals, Shenzhen is tightening

ties with Hong Kong, and Xiamen and Hainan with Taiwan. In Shantou, efforts have been

made to attract overseas Chinese, one of the major channels of overseas investment to the

Chinese mainland.

Experts say that improving overall economic performance is a necessary choice for the

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SEZs, as China will face fiercer competition after its entry into the World Trade

Organization. It is the only way for them to realize modernization. To hit the goal,

analysts say, the SEZs should give national treatment to overseas investors for more

funding while making efforts to open up overseas markets for their own companies'

products.

By changing the past practice of offering preferential policies to overseas investors in

certain fields, the SEZs have lifted all restrictions for them. According to officials, the

expansion of reform in the SEZs will focus on systematic innovations, including

adjustments in the ownership structure, and transformation of functions of government

departments in accordance with international practices.

The government should also simplify procedures to make it easier to get businesses up

and running and give a bigger role to the market, while improving services, experts say.

At the same time, efforts must be made to improve the social security system and the

financing system, and have intermediary organs operating according to standards.

The forthcoming 50 years will be an important historical period in China's drive to realize

modernization and make the Chinese nation's long-cherished dream of building a

powerful China come true. Experts are confident that Shenzhen, Zhuhai, Shantou,

Xiamen, and Hainan will set the pace in China's drive toward modernization.

21


Beginning of Economic Zones in India

The policies of Liberalisation, privatization and globalisation (LPG) that were introduced

in 1991 removed the highly complex system of controls prevailing in post-independent

India. Now, in the new market scenario, it became very important to become competitive

in terms of price, but also quality, time, service, etc. India has always paid more attention

to its exports, because they earn revenue. To increase them, the idea of Export Promotion

Zones (EPZ) was conceived. These were areas where import substitution was not

followed and all inputs for any manufacturing process were allowed to be imported

freely. Such zones were established to promote trade and to develop a specific industry by

providing it with the entire infrastructure it needs.

Evolving Concept

This initial concept was called EPZ (Export Processing Zone) and was introduced first in

Kandla, Gujarat. The Indian manufacturer was nowhere in terms of international

standards of either quality or price. So, to make him globally competitive, the government

had to provide some incentives to him. Most of these incentives could be used by almost

every producer everywhere. But, there were special incentives which, when given, could

result in a very low cost of production for the manufacturer and there was a risk then that

the goods could then end up being sold in the domestic market instead of being exported.

So, the government established special zones where people could come in, establish their

factories, procure (buy domestically or import) whatever they would require for

production, produce locally and then export these goods. For such a situation, there

needed to be precise control over every importer and all his actions, which could lead to

any harm to national interest. To prevent all this, EPZs were established, which were

land-locked areas, under constant surveillance by the customs authorities and security

personnel of the zone. These zones would regulate all the material coming into and going

out of the zone and thus, keep a check on the manufacturers’ actions.

EPZs worldwide

Thus, EPZs were set up with the aim of boosting export-oriented investment and for

eliminating the constraints imposed by India’s trade and industrial policies. As a concept,

22


EPZ dates back to 1962. Some of the first EPZs were founded in Puerto Rico in 1962,

Mexico (1964), Kandla (1965), Taiwan (1966), South Korea (1971), Philippines and

Malaysia (1972). The EPZ set up in Mauritius is not based on geographical and locational

advantages but is more a functional concept.

Most of these countries have had a good and fulfilling experience by setting up EPZs.

EPZs have helped promote an export-oriented industrialization strategy with increasing

value-additions in domestic production. Studies have shown that countries where EPZs

function have had excellent performances on the trade front.

Of the 850 EPZs worldwide, a large number of them operate in developing countries. The

world over, it has been observed that processing exports have outperformed others. In

fact, most Asian and Latin American countries have excelled in trade only due to the

processing trade.

The Government of India had established seven EPZs over a period of time. These were:

1. Kandla Free Trade Zone (KAFTZ), Kandla, Gujarat – 1965;

2. Santa Cruz Electronic Export Processing Zone (SEEPZ), S. Cruz, Maharashtra –

1974;

3. Cochin Export Processing Zone (CEPZ), Cochin, Kerala;

4. Falta Export Processing Zone (FEPZ), Falta, West Bengal – 1984;

5. Madras Export Processing Zone (MEPZ), Madras, Tamil Nadu;

6. Noida Export Processing Zone (NEPZ), Noida, Uttar Pradesh – 1985;

7. Visakhapatnam Export Processing Zone (VEPZ), Visakhapatnam, Andhra Pradesh.

Kandla was the only Free Trade Zone in India and was the first zone to be established in

India.

While the Santa Cruz Electronics Export Processing Zone (SEEPZ) was meant

exclusively for the exports of electronics and gems and jewellery, all other zones were

multi-product zones. 100% foreign equity was welcome in EOUs and EPZs.

23


24


Shortcomings & Problems of EPZs

According to an Audit Report conducted on EPZs and FTZs in 1999, SEEPZ earned only

US$ 1.25 bn. net foreign exchange in the past 8 years.

The reasons for this were attributed to the following causes:

Failure to elicit full commitment from people as they stay far away from their

place of work.

Insufficient comprehensive and well-knitted internal and backup infrastructure.

High dependence on outside infrastructure created and maintained by different

agencies lacking co-ordination. The result: under achievement of actual potential.

Limited possibility of improving connecting infrastructure to enhance the

performance of existing EPZ/FTZ.

25

5.1 The above graph shows that the EPZs never really contributed a substantial amount in the national exports. Also, the share of EPZ unit exports in total exports was more or less at the same ratio over the 3 years from 96-97 to 98-99.


For example:

On 12th March 1994, a memorandum was submitted to Shri Zafar Saifullah, Cabinet

Secretary, Government of India regarding the problems of EPZs and EOUs. The

Development Commissioner, SEEPZ, Santacruz Electronics Export Manufacturers’

Association (SEEMA), and the SEEPZ Gems & Jewellery Manufacturers’ Association,

SEEPZ submitted this memorandum in association with the Federation of Indian Export

Processing Zones Industries Association.

The main problems highlighted in this report were:

Inconsistencies in government regulations – The Import Trade Control and

Exchange Control Regulations have changed over time to benefit EPZ units,

but the customs regulations were still governed by the notification issued at

the time of formation of the zones. This resulted in a situation wherein certain

activities permitted by the EXIM policy could not be undertaken, as the same

were not permitted by the customs regulations.

Customs working & procedures – The units in the zone were allowed to work

7 days a week to maximize exports, but the Customs department worked only

5 days a week, resulting in the units having to wait for 2 days to get clearance

for their activities. Also, there was still a lot of red-tapism left while dealing

with issues like returning of export goods, return of rejected components, de-

bonding of capital equipment, waste disposal

Modes of transportation – Courier was not recognised as an approved mode of

transportation and hence any goods received by courier had to be notified and

duty had to be paid on them.

Also, there were problems with the formation of Trade Unions, multiplicity of bonds, fax

copies not accepted by customs, hassles in sub-contracting, DTA sales regulations, etc.

These, and many other such trivial matters were barriers in the proper working of the

units in the zones. Over a period of time, some of these hassles were done away with. But

26


there was never a situation when the units in the zones were really satisfied with the

procedures.

The experience of Export Processing Zones (EPZs), which were duty-free enclaves, has

not been up to expectations. Even with flexibility to sell 50 per cent of exports in DTA at

concessional rates of duties, most EPZ units have failed. The eight EPZs together

contributed barely 3.7 per cent of the country’s total exports.

In fact, other than Santacruz Electronic EPZ, the other seven EPZs together contributed to

only about 1.41 per cent of the country’s exports. There is a very strong view in the

revenue department that the dismal performance of the EPZ units does not justify the

revenue sacrifice or revenue leakage inherent in the schemes. In their eyes, the EPZs have

failed.

These shortcomings were responsible for the recent makeover of these EPZs into SEZs.

The transition process is covered in the next Chapter.

5.2 Customs probe Bharat Shah's export units for diamond smugglingIn January 2001, SEEPZ customs conducted a stock taking of two units from Jan 31, 2000. B V Star and B V Jewels (both owned by Bharat Shah) were probed for suspected diamond smuggling. The following was found:

Diamonds worth 26.29 cr (73730 cts) of B V Jewels were found short, allegedly were smuggled out of SEEPZ. Customs duty demanded, therefore, is Rs 12.54 cr

B V Jewels had also suppressed the facts of disposal of capital goods worth Rs 58.34 lakh to one SB &T International Ltd, SEEPZ, without permission of customs. The customs duty foregone was Rs 39.31 lakh. That is how the total duty demanded is Rs 12.94 cr

Suresh Mehta, a partner in both companies, had shown possession of 23 diamonds of 27.42 cts, valued at Rs 39.63 lakh, for which he could not show legal import documents.

B V Jewels exported diamonds worth Rs 27 cr studded in jewellery, between 1998 and Feb 2000, but could not show how they had procured these.

Further, another unaccounted lot of diamonds of B V Jewels weighing 10631.39 cts and valued at Rs 4.03 cr, were found without corresponding

27


documents to show legal possession.

In the case of B V Star, which had no production since 1997, customs duty of Rs 2.57 cr is demanded because of shortage of 8604.5 gms of gold and 844.16 cts of diamonds revealed in the stock taking.

28


Change to SEZs

EXIM Policy changes

Realising the failures and shortcomings of the EPZ Scheme in India, the Commerce

Ministry decided to improve the existing situation. The changes and fine-tuning done in

the existing EPZs was to no avail and was not yielding the required results. An Indian

delegation headed by the then Director-General of Foreign Trade, Mr. N.L. Lakhanpal

visited UAE and saw the Jebel Ali Free Zone (JAFZ), Dubai and Fujairah Free Zone

(FFZ) there. This was the birth of the idea of having similar zones in India.

Toying with the idea of Free Trade Zones / Free Zones

After the delegation came back, it submitted a report on the findings of the visit. The

report recommended that the Development Commissioners of each zone (in India) should

be vested with all the authority regarding their respective zones, thus making them the

ultimate local authority on all issues, as is the case in UAE. Also, like their UAE

counterparts, the Indian DCs should be required to prepare a Business Guide. The report

also stated that the Free Zones in UAE accounted for all duty-free raw material, ensuring

it was used for export. Even in the case of DTA, they would ensure that it was after

payment of full customs duty on the value of the finished goods. The commerce ministry

then decided to convert all existing EPZs into FTZs with SEEPZ, Noida and Kandla

being converted that year, and the rest to follow.

Reducing role of Customs

According to the proposed policy, the role of customs was to reduce and the new zones

would be exempt from all customs department rules and regulations from July 1, 1999.

After the proposed conversion of the units to FTZs, the role of the customs department

officials was to be confined to working outside the units, giving them total operational

flexibility, as proposed in the revised export and import policy (1997-2002). The FTZs

would have been outside the customs ambit with checks only at the entry and exit points

by customs officers.

29


Under the new scheme, FTZs would be permitted to sell 50 per cent of their production in

the DTA, subject to payment full customs duties. This means the remaining half alone

needed to be exported. But, according to ministry officials, for their own survival, the

units would have to find markets for their entire production, as DTA sale will prove rather

prohibitive.

The Indian labour laws ere to apply to FTZs though the commerce ministry's ultimate

objective is to make these inapplicable. The practice the world over is to exempt FTZs

from the purview of labour laws.

Arrival of SEZs

The plans for the FTZs got shelved eventually. Mr. Murasoli Maran, the Minister for

Commerce & Industry, suggested the setting up of Special Economic Zones in India,

similar to the ones in China. This decision to set up SEZs was the highlight of the EXIM

Policy.

The decision was commendable, but it did not take into account several things. The initial

proposed SEZ Scheme was not a major improvement over the existing EPZ Scheme at

that time. Basically, almost all the features of the original SEZ Scheme already existed in

the form of incentives available to EPZ units. The major advantage for SEZ units was

that they had to now achieve only positive net foreign exchange earning as a

percentage of exports (NFEP), where as EOU/EPZ units with investment of less than

Rs 5 crore in plant and machinery had to achieve minimum stipulated NFEP.

Inadequate extra facilities over EPZs

The relaxation for SEZ units was significant but not sufficient enough to sway the

decision of the entrepreneurs in favour of setting up units in SEZ. The major advantage

for EOU/EPZ units was that they could sell upto 50 per cent of their exports in the DTA

at half the rates of customs duties, whereas SEZ manufactures could sell in DTA only on

payment of full duties. DTA sale was a very important option for EOU/EPZ/SEZ units, as

the international markets are not always booming or lucrative.

30


Trading units in SEZ/EPZ were not allowed to sell in DTA. Ideally, so long as the trading

unit paid full import duties on DTA sales, there should have been no restrictions.

Unmet expectations

The commerce minister had announced that the EPZ at SEEPZ, Kandla, Cochin and

Viskhapatnam would be converted to SEZ. The transitional arrangements for existing

EPZ units who did not want to opt for SEZ scheme was that they had to convert into EOU

or de-bond. In either case, they had to move out of EPZ, which was difficult for existing

units.

The industry felt that the government needed to make SEZs an attractive destination for

entrepreneurs. The most oft-repeated request was that the government should treat SEZ as

foreign territory for all purposes. There was also a feeling that the supplies from DTA to

SEZ must be treated as physical exports and that all the customs notifications should

apply to sales from SEZ to DTA as they apply to physical imports.

Amendments

The existing EPZs were converted to SEZs and activated on 1st November 2000. Also,

proposals for the establishment of new SEZs were cleared. This was followed by some

notifications being issued which made the necessary changes in the SEZ Scheme. The

most prominent among them was the declaration of SEZs as foreign territory. The

Finance Ministry declared the area under the SEZs as `foreign territory' for the purpose of

duties and taxes. This means that goods supplied to the SEZ from the Domestic Tariff

Area (DTA) will be treated as `deemed' exports and goods brought from the SEZ to the

DTA will be treated as `imported' goods. Thus, was evolved, the present concept of SEZs

in India.

31


Present SEZ Concept

The facilities available to SEZ units are as follows:

Customs related:

No license required for import.

Exemption from custom duty on import of capital goods, raw materials,

consumables etc.

Exemption from Central Excise Duty on procurement of capital goods, raw

materials etc. from the domestic market.

Exemption from Custom/Excise duty on import/domestic procurement of goods

for setting up of units in the Zone

Supplies from DTA to SEZ will be treated as deemed exports.

Reimbursement of Central Sale Tax (CST) on inter-State purchases.

Reimbursement of duty paid on Furnace oil as per Drawback rate notified by

DGFT.

SEZ units have to be a net foreign exchange earner. No pre-determined foreign

exchange earning or minimum performance requirement.

Access to domestic market.

Simplified Custom procedure.

Trading activity for exports permitted.

Fast track clearance of imports and exports.

Job working/sub-contracting facilities for exports, including for jewellery units.

Facility to subcontract part of production abroad

In-house Custom clearance.

Ready infrastructure.

Duty free goods to be utilized within the approval period of 5 years.

32


Performance of units to be monitored by a committee consisting of Development

Commissioner and Customs.

No separate documentation required under Customs and EXIM Policy.

Export defective goods etc. without GR waiver

Investment related:

100% FDI permissible for units in SEZs in manufacturing sector barring few

sectors.

No Cap on foreign investment for SSI reserved items.

Exemption from industrial licensing requirement for items reserved for SSI sector.

Foreign exchange related:

Profits allowed to be repatriated freely without any dividend-balancing

requirement.

100% of foreign exchange earnings can be retained in EEFC account.

External commercial borrowing shall be subject to usual procedure.

Facility to realize and repatriate Export proceeds within 12 months.

Tax related:

Attractive tax holiday upto 2010 as per Section 10A of the Income Tax Act.

Labour Laws:

The labour laws of the land will apply to all units inside the Zone. However, the

respective State Governments may declare units within the SEZ as public utilities and

may delegate the powers of the Labour Commissioner to the Development Commissioner

of the SEZ.

33


Role of State Governments

State Governments will have a very important role to play in the establishment of SEZ.

Representative of the State Government, who is a member of the Inter-Ministerial

Committee on private SEZ, is consulted while considering the proposal. Before

recommending any proposals to the Ministry of Commerce & Industry (Department of

Commerce), the States must satisfy themselves that they are in a position to supply basic

inputs like water, electricity, etc.

Terms and Conditions for establishment

Only units approved under SEZ scheme would be permitted to be located in SEZ.

The SEZ units shall abide by local laws, rules, regulations or bye-laws in regard to

area planning, sewerage disposal, pollution control and the like. They shall also

comply with industrial and labour laws as may be locally applicable.

The SEZ should have an area preferably of 1000 hectares.

Such SEZ shall make security arrangement to fulfill all the requirements of the

laws, rules and procedure applicable to such SEZ.

Wherever the SEZs are landlocked, an Inland Container Depot (ICD) will be an

integral part of SEZs.

The main differences between the EPZ and SEZ Schemes are:

No minimum Export Performance (EP) or Net Foreign Exchange earnings as

Percentage of exports (NFEP) is needed in an SEZ, as for EPZ units.

Monitoring of performance of SEZ units by a Committee headed by Development

Commissioner and consisting of Customs.

Duty to be recovered in case of failure to achieve positive NFEP under Custom

Act in proportion to shortfall unlike in EPZ.

Unlimited DTA sales on full duty. For EPZ, only 50% of exports

No linkage with positive NFEP for domestic sale for SEZ units. In EPZ sales are

subject to achievement of NFEP.

Duty free material to be utilized over five years unlike in EPZ where it is one

year.

34


Subcontracting facility available to SEZ jewellery units, which is not available to

EPZ units.

All imports on self-certification, unlike in EPZ, where attestation of Development

Commissioner is required for import of Capital Goods.

No routine examinations by Customs of export and import cargo in SEZ.

100% FDI through Automatic Route available to manufacturing SEZ units. In

EPZ, FIPB approval required.

Procedural simplification for operations like record keeping, inter-unit transfer,

subcontracting, disposal of obsolete material, waste and scrap.

Other facilities like tax holiday, retention of 70% of export earnings in EEFC

Account, etc. are common for both EPZ and SEZ.

Salient features and schemes of an SEZ in India

Units set up in SEZs which will operate under a single purpose bond, can import

or procure goods from the DTA duty-free for manufacture of goods and services,

trading, production, processing, assembling etc and exports thereof.

Goods can be sold in the DTA only if the unit achieves the Net Foreign exchange

Earning as a Percentage of exports (NFEP) annually and cumulatively as specified

in the EXIM Policy. A trading unit has to achieve a turnover of $1 million in five

years. Penal action can be taken on default.

DTA sales are, however, banned for goods that have been imported both as scrap

as well as for repair. Trading units in the SEZs also cannot sell goods in the DTA.

SEZ units can import and export through port, airport, land customs station, ICD,

CFS, courier mode and post parcel. Software development units can import and

export through data communication and telecommunication links.

The norms for procurement of goods from domestic sources by SEZ units will be

the same as those laid down for the EPZ units. In respect of imported and

35


domestically procured cargo, goods will be assessed on the basis of documents

provided by the units and there will be no physical examination. However,

customs authorities may examine such cargo when there is specific information

regarding clandestine removal.

Exports will be permitted on the basis of self-certification by the units and there

will be no routine examination of the consignment by the SEZ custom authorities.

At the gateway port, the SEZ cargo will be subject to the examination procedure

as per instructions in force.

SEZ units will have to maintain financial year-wise accounts of all forex inflow

by way of exports and other receipts; all forex outflow on account of payment of

dividend, royalty, fees etc and sale in the DTA. Units can also undertake job work

for the DTA without payment of duty. Provisions have also been made for

temporary removal of goods into the DTA and to other SEZ, STP, and EOU

zones. Inter-unit transfer of goods amongst SEZs will not be subject to customs

scrutiny. Duty remission will be available on destruction of goods within the

SEZs. Units have also been permitted to dispose obsolete goods on payment of the

applicable customs duties.

In case of imports, the Bill of Entry with specially stamped endorsement as "SEZ

Cargo" is filed with the Assistant Commissioner/Deputy Commissioner of

Customs in the SEZ for assessment. For procurement of goods from domestic

sources by SEZ units, CT-3 certificates are issued to the units and against such

CT-3; the goods including capital goods are procured from DTA without payment

of duty. In both cases, i.e. both in respect of imported and domestically procured

cargo, the goods are assessed on the basis of documents furnished by the units.

Goods are not examined physically and ‘out-of-charge’ is given after verifying the

marks and numbers on the packages only.

When the import consignments are required to be transshipped to a SEZ located at

a station away from the place of import, the same is allowed under normal transit

36


procedure. The unit files the Bill of Entry with the Assistant Commissioner/

Deputy Commissioner of Customs in-charge of the SEZ on the basis of the transit

document.

In case of exports, the Shipping Bill along with relevant documents is filed with

the Customs authorities in the Zone. As in the case of imports, the SEZ export

cargo is not examined in routine and export is allowed on the basis of self-

certification by the units. The units, after self-examination of the consignments,

are required to submit the shipping bills to the Assistant Commissioner/Deputy

Commissioner of Customs for "let export" order. After obtaining the "let export"

endorsement on the shipping bill, the consignment is taken to the gateway port for

export. At the gateway port also, the SEZ export consignment is not examined in

routine. However, whether at the Zone or at gateway port or during transit of such

cargo, the Customs authorities can examine the consignments when there is a

specific information/intelligence. For this purpose, the orders of the Assistant

Commissioner/Deputy Commissioner of Customs are required to be obtained.

Sub-contracting: The SEZ units are allowed to sub-contract part of the

production process abroad. Approval for sub-contracting abroad is accorded by

the Board of Approval. The goods sent for job-work abroad are to be returned to

the unit for final processing/manufacturing before exports. The unit is required to

execute a suitable bond for sub-contracting goods abroad and is required to

account for the goods including waste/rejects in the manner as prescribed by the

Commissioner of Customs/ Central Excise in this behalf.

The SEZ units are also allowed to undertake job-work for export on behalf of

DTA units. This is subject to the condition that the finished goods are exported

directly from SEZ units and export documents are made in the name of the DTA

unit. On export of such goods manufactured by SEZ unit on behalf of the DTA

unit, the DTA unit is entitled to refund of duty paid on the inputs by way of brand

rate of duty drawback.

The SEZ units are allowed to remove the moulds, jigs, tool, fixtures, tackles,

instruments, hangers, patterns and drawings without payment of duty to the

37


premises of the sub-contractors subject to the condition that such goods are

brought back to the unit on completion of the job work within the period specified

in this behalf.

Gem and Jewellery units in SEZ:

Generally speaking, sub-contracting is not allowed to gem and jewellery units.

However, the gem and jewellery units in SEZ are allowed to take out

gold/silver/platinum for sub-contracting subject to the condition that goods,

finished or semi-finished, including studded jewellery, containing quantity and

purity equal to the gold/silver/platinum so taken out are brought back to the Zone

within 30 days. It is to be noted that diamonds, precious or semi-precious stones

are not allowed to be taken out for sub-contracting. The gem and jewellery units

are also allowed to receive plain gold/silver/platinum jewellery from DTA in

exchange of gold/silver/platinum of equal quantity and purity. These units are,

however, not eligible for any wastage or manufacturing loss against the jewellery

received from DTA after processing or against exchange of gold/silver/platinum.

The DTA units undertaking job work or supplying jewellery against exchange of

gold/silver/platinum are not entitled to deemed export benefits. The gem and

jewellery units are also allowed to sub-contract part of the production or

production process through other units in the same SEZ subject to records being

maintained by both the supplying and the receiving units.

Further, the gem and jewellery units in SEZ are allowed certain other facilities as

mentioned below:

(i) Taking out the items of gem and jewellery into DTA temporarily without

payment of duty for the purpose of display and return thereafter;

(ii) Personal carriage of gold/silver/platinum jewellery or precious or semi-

precious stones or beads and articles as samples up to US$ 1,00,000 for export

promotion tours and temporary display or sale abroad subject to the condition that

the exporter would bring back the jewellery or the goods or its sale proceeds

within 45 days from the date of departure through normal banking channel;

38


(iii) Export of jewellery including branded jewellery for display and sale in the

permitted shops setup abroad, or in the showroom of their distributors or agents

provided that items not sold abroad within 180 days, shall be re-imported within

next 45 days;

(iv) Removal of parts & tools of machine temporarily without payment of duty for

the purpose of repair and return thereof.

(v) Taking out gem and jewellery manufactured in the SEZ to the retail outlets or

showrooms set up in the departure lounge at international airports for sale to a

tourist, as defined in the Baggage Rules, 1998, leaving India.

(vi) Sale of gem and jewellery manufactured in the SEZ to a foreign-bound

passenger and transferring the same to the retail outlets or showrooms set up in the

departure lounge or Customs warehouse at international airports for being handed

over to the said passenger for the purpose of export.

(vii) Removal of moulds, tools, patterns, and drawings into the DTA for job work

without payment of duty and to be returned to the unit thereafter.

For availing of the above mentioned facilities, prior permission of Assistant

Commissioner / Deputy Commissioner is required.

In case of gem & jewellery units, scrap, dust or sweepings generated in the unit is

allowed to be forwarded to the Government Mint or Private Mint for conversion

into standard gold bars and return thereof to the Zone subject to the observance of

procedure laid down by the Commissioner of Customs. The said dust, scrap or

sweepings are also allowed clearance into DTA on payment of applicable customs

duty on the gold content in the said scrap, dust or sweepings. Samples of the

sweepings/dust are taken at the time of clearance and sent to mint for assaying.

The assessment is finalized when the reports are received from the mint.

39


Inter-Unit Transfer:

Inter unit transfer of goods amongst units in a SEZ does not require any prior

permission, but the supplying and receiving units are required to maintain proper

accounts of the transaction

Duty Remission on Destruction of Goods:

A provision has been made in the notifications that duty would not be levied on

capital goods, raw materials, components, waste or scrap etc. if these goods were

destroyed in the presence of the Customs authorities. This provision, however,

does not apply to gold, silver, platinum, diamond, precious stones and semi-

precious stones. The officers supervising destruction are required to ensure that

goods are destroyed fully rendering them unfit for further use and give certificate

to that effect. After destruction of capital goods, raw materials, components, waste

or scrap etc., if the remains have scrap value, the unit in DTA on payment of duty

applicable to scrap can clear the same

DTA Sale:

The facility of DTA sale is available to the SEZ units. Under the Scheme, finished

goods including by-products and services and waste/scrap/remnants/rejects etc.

can be sold in the DTA on payment of applicable duty and in accordance with the

Export-Import Policy in force. However, where such finished goods (including

rejects, waste and scrap materials) are not excisable, duty equal in amount to that

leviable on the inputs imported/indigenously procured under the notifications and

used for the purpose of manufacture of such finished goods, which would have

been paid but for the exemption under the said notifications, is payable at the time

of clearance of such finished goods. In case of service sector SEZ units, the

rendering of services in DTA is allowed subject to the condition that the unit has

achieved the positive NFE, cumulatively, as specified in the Policy. This would

mean that service units would not be eligible for making DTA sale if the NFE is

not positive cumulatively at any point of time. Further, if any of such services are

taxable under provisions of Chapter V of Finance Act, 1994, then rendering of

40


such services in DTA would require payment of service tax as per the provisions

of Finance Act, 1994.

Levy of Central Excise Duty on Goods Produced or Manufactured by SEZ Units

and Cleared into Domestic Tariff Area:

In terms of section 3 of the Central Excise Act, 1944, the excise duty leviable on

goods manufactured in an SEZ unit and cleared into Domestic Tariff Area is an

amount equal to the customs duty leviable under section 12 of the Customs Act,

1962 or under any other law for the time being in force on like goods produced or

manufactured outside India, if imported into India. Thus, the duty is worked out

exactly in the same manner as applicable to imported goods.

Maintenance of Accounts:

A SEZ unit is required to maintain proper account in the format convenient to it

and financial year-wise, of all foreign exchange inflow by way of exports and

other receipts, all foreign exchange out flow on account of imports, payment of

dividend, royalty, fees etc., consumption and utilisation of the materials and sale

in the DTA. The units are required to submit regularly quarterly statement to the

Development Commissioner and the Customs in this regard in the format

prescribed at Appendix 16H of the Hand Book of Procedures.

Monitoring of activities of SEZ units:

All activities of the SEZ unit, unless otherwise specified, are through self-

certification procedure and are monitored by a Committee comprising

Development Commissioner and Customs. The Development Commissioner in

charge of the Zone heads the Committee. The Committee is also required to see

that wastage / manufacturing loss on gold/ silver/platinum jewellery and articles

are within the overall percentage prescribed in Appendix-41 of the Handbook

(Vol-1). In case of higher wastage/manufacturing loss, the Committee is required

to satisfy itself of the reasonableness of the same.

Penal action in case of default:

41


The Customs officials posted in SEZs are not supposed to visit the units for

verification of records or even otherwise in routine. However, in case of specific

information/intelligence which, prima facie, show that there is fraud, collusion,

mis-declaration, suppression of information etc having a bearing on the export

performance of the unit or where there is specific information regarding

clandestine/unauthorized removal of goods into DTA etc, the Customs officials

can visit the units for verification of records, goods etc. so as to initiate

proceedings under Customs Act, 1962. The Assistant Commissioner/Deputy

Commissioner may keep a watch on the export performance of the units and in the

event of non-achievement of positive NFE within the stipulated period; action can

be taken against the units for recovery of the duty and interest. So far as utilization

of imported/indigenously procured goods is concerned, the same may be utilized

within the period of five years. In case of failure to utilize the imported /

indigenously procured goods within the period of five years, the unit is liable to

pay duty on the said unutilized goods along with the interest at the rate of 24% per

annum from the date of importation or procurement of the said unutilized goods

till the date of payment of such duty.

SEZ is an evolving Scheme and more features would be added as required.

6.1 Structure & Role of Trade Unions in ChinaA study of Chinese trade unions will be interesting. Comparison with Indian labour laws almost certainly makes it clear that Indian SEZs will not enjoy same level of labour cooperation that their Chinese counterparts enjoy.

Chinese trade unions are organized on a broad industrial basis. Membership is open to those who rely on wages for the whole or a large part of their income – a qualification that excludes most agricultural workers. In theory, membership is not compulsory, but in view of the unions' role in the distribution of social benefits; the economic pressure to join is considerable. The lowest unit is the Enterprise Union Committee. Individual trade unions also operate at the provincial level, and there are trade union councils that coordinate all union activities within a particular area and operate at county, municipal, and provincial levels. At the top of the movement is the All-China Federation of Trade Unions, which discharges its functions through a number of regional federations.

In theory, the appropriate trade union organizations are consulted on the level of wages as well as on wage differentials, but in practice their role in these and similar matters is insignificant. They do not engage in collective bargaining – not at all surprising, since their principal duties include assisting the party and promoting production. In fulfilling these tasks, they have a role in enforcing labour discipline. From the point of view of the membership, the most important activities concern the social and welfare services. Thus, it is the unions that look after industrial safety; organize social and cultural activities; provide services such as clinics, rest and holiday homes, hostels, libraries,

42


and clubs; and administer old-age pensions, workers' insurance, disability benefits, and other welfare schemes.

43


SEEPZ SEZ

SEEPZ (Santacruz Electronics Export Processing Zone) was formed in 1974 exclusively

for electronics. SEEPZ was established on land leased by the Government of India

(Ministry of Commerce) from MIDC for a period of 99 years. MIDC, in turn had taken

this land on lease from the Maharashtra Government. MIDC and the Government of India

together developed the basic infrastructure needed for such an EPZ to exist. The

Government of India did all the funding and MIDC cleared the land, laid the roads,

provided adequate water supply and arranged for an uninterruptible power supply source.

Thus, SEEPZ was finally established basically for the electronic industry as government

had identified it as a strategic sector and wanted rapid growth in it. In 1988-89, seeing the

potential of the Gem & Jewellery industry, this industry was also made a part of SEEPZ.

Infrastructure Facilities at SEEPZ

The Philosophy while landscaping SEEPZ was to have Mother Nature live in harmony

with industrial manufacturing and technology. All set in a sophisticated infrastructure

catering to all basic needs of industry.

Inexpensive Factory Space or Land

At SEEPZ, plots are given on lease for a period of 30 years, at rates fixed from time to

time. The initial rates were Rs. 10/- per sq. metre per annum for an

SDF plot. Entrepreneurs can construct their own buildings on these

plots. For this purpose the SEEPZ administration will obtain all

necessary permissions and clearances. Also, Standard Design

Factories (SDFs) are available on a 5-year renewable lease basis at

the rate of Rs. 650 per sq. metre per annum plus Municipal Taxes

(10%). When an entrepreneur begins production in the very first year of obtaining the

SDF shed, he is entitled to a concession of 50% of the lease rent in the first year, 40% in

the second year and 25% in the third year. Again the space allotted to an entrepreneur

44


inside the SDF shed is based on his export projections. All internal partitions, air

conditioning, electrical wiring, etc. are to be carried out by the entrepreneur.

Uninterrupted Power

The generating stations of western Maharashtra ensure uninterrupted supply of power at

the rate of Rs. 4.74 per unit. SEEPZ is exempt from the payment of

taxes on the purchase of power or on its sale. The units are also allowed

to generate and/or sell their own power without any obligation to pay

taxes.

Abundant Water

The Zone has an assured supply of 4.55 million litres of water a

day at the rate of Rs. 21 for every 1000 litres.

Hi-Tech Communication Facilities

The most important facility that lures software enterprises to

SEEPZ is the hi-tech 64KB/128KB/256KB line, that enables

these companies to communicate and videoconference over the

satellite to any of the branches around the world. A telephone /

telex connection is given to SEEPZ units on priority basis.

Adequate Warehousing and Forwarding Facilities

A large warehouse called an Inland Container Depot (ICD) is

situated within SEEPZ for storing at very nominal rates. This is

the central warehouse for all the units inside SEEPZ. Also

Clearing & Forwarding facilities are available here.

45


In-Zone Custom Clearances

SEEPZ has its own ports of entry with a fully dedicated customs wing similar to that at

the Mumbai Port. Since this customs wing is solely for the clearances within SEEPZ, the

procedures for clearing incoming and outgoing consignments are simple and very fast.

Also, there is no need for the same to be

carried out either at the airport or the docks.

This facility at SEEPZ is provided specially

keeping in mind the delay and trouble that

occurs to the exporter while obtaining

clearances. This speedy and efficient system

is available to all the units within SEEPZ at

no extra cost. The number of pending cases with this Customs department is also less, as

they have to cater only to the EPZ units.

Miscellaneous Facilities

3 Industrial Canteens

Exclusive Restaurant

Gymnasium

Convention Centre

Communications Centre

Optical fiber telephone exchange with a

capacity of 4000 lines installed within the

Zone Complex

Foreign Post Office

Crèche for working women’s children

4 Banks – State Bank of India, Bank of

India, Punjab National Bank, Central Bank of India

Nominated agencies like MMTC and banks authorized by RBI for supply of

precious metals

46


Clearing Agencies – M/s Air freight Pvt. Ltd., M/s Lee and Muirhead, M/s

Tulsidas Khimji Pvt. Ltd

47


SEEPZ & Development

Ancillaries

The proximity of available spares, components and raw materials affords Zone units the

advantages of lower freight costs and lower inventory levels. The feedback necessary for

effective quality control on supplies will be quicker, easier and simpler, as the supplier

will be almost next-door.

A Regional Testing Centre of the Department of Electronics (ERTL) located just outside

SEEPZ provides facilities for meeting the evaluation needs of manufacturers and

designers of electronic products.

Transport

Due to the huge workforce in SEEPZ and lack of residential areas nearby, the employees

need to be transported everyday to large distances. The transport industry has developed

to a huge extent in this area because of this need.

Development of the land

With the establishment of SEEPZ, the surrounding area has increased in land value. There

has been an increase in demand for residential housing near SEEPZ. There have also been

a number of ancillary industries springing up to serve the needs of the SEEPZ

Community.

Many fast food joints, small shops and industries near MIDC, communication centers,

banks, etc. have developed in this previously underdeveloped area.

A residential colony has been constructed for the SEEPZ authority near SEEPZ. There is

access to many more regions due to the presence of a Bus Stop exactly at the

entrance/exit gate of SEEPZ.

48


General Information on SEEPZ

According to the Annual Report of SEEPZ for the year 1999-2000:

The Government of India has so far invested Rs. 47 crores on the development of

SEEPZ.

Employment in SEEPZ in 1999-2000 stands at 42,000 employees, up from 24,000

in 1995-96.

Number of operational units increased from 156 to 223 during the same period.

At present, there are 7 Standard Design Factories (SDFs), 3 Gem & Jewellery

Complex Buildings and 14 self-built factories.

Total built-up area is 2,65,151 sq. mtrs.

During 1999-2000, SEEPZ registered 26.34% growth.

Growth of Electronics Industry (India &

SEEPZ): 1990-94

The electronics industry has always played a

significant role in India’s exports. In recognition

of the catalytic role electronics plays in global

development, the industry has been accorded the

status of a priority area in the new industrial

policy. A significant move was made with the

establishment of an Export Processing Zone

exclusively for electronics at SEEPZ (Santacruz

Electronics Export Processing Zone), Mumbai

in 1974.

49

20012001

2001

7.1 Comparison of electronics exports of SEEPZ and India( 2001)

2001

2001


Growth of Gems & Jewellery Industry (India & SEEPZ): 1990-94

Another industry that has recorded a

significant growth in recent years is the

gem and jewellery industry. In fact India

has established its place on the world map

along with such centres as Antwerp and

Tel Aviv for gem and jewellery

processing and exports. To catalyze

growth of this sector, the Government

along with the apex trade bodies, has set

up a number of training institutes

specialising in imparting the requisite

skills for gem and jewellery processing

and manufacture. In fact, a special gem

and jewellery complex was set up in

1987-88 inside SEEPZ, entirely dedicated

to exports.

50

7.2 Comparison of gems & jewellery exports of SEEPZ and India (1999-2003)

2002

20001999

2001

2003


Latest Happenings at SEEPZ

SEEPZ is full in terms of capacity, when taking FSI into account. But, the

Government of Maharashtra has granted double the existing FSI in respect of

space utilized for software activity. Accordingly, an IT Tower with a built-up area

of 3 lakh sq. ft. is being constructed besides the lake to accommodate IT units.

Maharashtra Government had earlier agreed in principle to transfer 11 hectares of

land adjoining SEEPZ for further development of the Zone. Now, due to the

doubling of the FSI, there is no need for the additional space according to it.

Plans for an expansion through SEEPZ ++ are underway.

Beautification of the Zone was carried out recently in association with some of the

Zone units.

Facility of 24 Hrs. ATM in SEEPZ Service Centre by VYSYA Bank Ltd.

The newly constructed SDF VII has been bought over by a company for further

leasing.

An ambulance is stationed at SEEPZ for 24 Hrs. Service.

There are proposals to improve the physical and telecommunication infrastructure.

Administrative Improvements:

Strengthening of computerization with additional Hardware & Software Packages.

Training and familiarization of staff with the use of computers.

Computerizing basic work in various sections.

Rationalisation of work allocation amongst officers.

Promotional Measures:

SEEPZ web site is being renewed

Preparation of SEEPZ brochure

Visit of Foreign Delegations:

Visited Vietnamese Presidents

Chinese Delegation

51


Navi Mumbai - City of the 21st Century

Introduction

Navi Mumbai is a modern township spread over an area of around 350 sq. km., and been

planned, designed and developed by CIDCO. CIDCO has developed high-quality

infrastructure facilities in the Navi Mumbai area including housing complexes, industrial

infrastructure, business districts, road & railway linkages, educational and recreational

facilities, etc.

The township has been developed as a series of nodes with high-quality housing

infrastructure available at most nodes. Further, social infrastructure for the township has

also been developed in terms of hospitals (2200 beds capacity), gardens (175 nos.),

community centres (20 nos.) and over 80 playgrounds. Other infrastructure like fire

stations, police stations, etc. is also in place.

Navi Mumbai is well connected to Mumbai both by

wide roads and mass rapid rail systems. Travel time

from Mumbai's central business district at south

Mumbai varies from 45 minutes (water transport) to 60

minutes (road/rail transport). India's busiest domestic

and international airport Chatrapati Shivaji

International Airport - is just 90 minute drive from Navi

Mumbai.

The township is also well connected to other parts of

the state through railway and road networks. In terms of

rail infrastructure, Navi Mumbai has six rail corridors and an independent mainline rail

terminal connecting the city directly to other parts of the country. Several national and

state highways pass through the township. India's first expressway - the Mumbai-Pune

Expressway as well as the Konkan Railway, that connects Central India to North

Karnataka and Goa, passes through Navi Mumbai. These linkages enable ready access to

other industrial areas in Pune, Thane, Vapi, Nagothane, Kalyan, Bhiwandi, Nashik,

52


Dombivili, Ambernath, Rasayani and others. In terms of sea linkages, Navi Mumbai has

access to one of India's largest seaports - JNPT that lies within the boundary of Navi

Mumbai.

In addition to the existing infrastructure, several new projects are on the anvil. These

include a proposed new international airport, which is to be located at Navi Mumbai

(estimated project cost around USD 2 billion). The airport has already been approved by

the State Government and is in advanced stages with respect to Central Government

approval. Other proposals include the proposed sea-link between Mumbai and Navi

Mumbai which will land in the SEZ (estimated project cost around USD 1.5 billion).

The development of these planned facilities is likely to be accelerated on account of

demand generated due to the SEZ Project as well as fiscal incentives offered by the State

Government.

The township has adequate power and water facilities. The total installed power

generation capacity in Navi Mumbai is around 960 MVA with a planned capacity of over

1500 MVA by 2010. There is adequate water supply for the region as well. CIDCO has

developed its own dams in the area - with an existing capacity of 150 MLD and a planned

capacity of around 465 MLD by 2005.

In terms of living standards, Navi Mumbai scores over Mumbai on account of the low

level pollution, de congested residential areas and high proportion of open spaces and

green belts. In comparison to Mumbai, the township has significantly lower living costs,

owing mainly to the optimal land and infrastructure costs.

Currently, Navi Mumbai has a population of around 1.2 million people, which is

projected to reach 2 million by 2008.

NMSEZ is spread over an area of approximately 4,377 hectares (around 44 square

kilometres), and comprises of four zones, Dronagiri, Kalamboli, Ulwe and the regional

park zone (RPZ) of 1,850 ha. In addition, 300 hectares of land adjacent to the port is

proposed to be contributed by JNPT. CIDCO has already acquired the land in the zones of

Dronagiri, Kalamboli and Ulwe. Land in the RPZ area has not been acquired.

53


NMSEZ is the only new SEZ in India where the land (except the RPZ area) is in

possession of the project sponsor. This significantly reduces the possiblity of any

regulatory delays on account of land transfer and improves time to market for the SEZ.

Certain zones in the SEZ area like Dronagiri and Kalamboli have been partially

developed. The existing development includes basic infrastructure such as access roads,

master water supply and sewerage network, and a few commercial and residential

complexes. However, no development has commenced in the Ulwe zone. The RPZ is

proposed as a green belt and no industrial activity is envisaged in this zone. This zone

could be utilised for recreational activities and proposed infrastructure in the zone

includes a club house, golf course and other recreational facilities amenities.

54


NMSE-Best positioned SEZ in IndiaAn analysis of NMSEZ's strengths and the available opportunities brings out the

attractiveness of NMSEZ as an investment destination for potential tenants and investors.

The analysis has been conducted by the Ernst & Young led consortium on the basis of

factor considerations (availability of raw material, labour, infrastructure, policy

incentives, and competition from international and local SEZs, etc.

Strengths

Infrastructure

Proximity to international and domestic transportation infrastructure.

JNPT, which is adjacent to NMSEZ, is India's largest and most modern seaport

providing necessary linkages to the international markets. Further, the SEZ is in

proximity to Mumbai Port, which is also a major port in the country.

Chhatrapati Shivaji International Airport at Sahar, is 60/90 minute away. Further,

the second Mumbai International Airport is planned to be set up by 2010, which

will give a boost to air-cargo-linked industries.

Well-connected road and rail linkages - National Highways (NH3, 4, 8, 9 & 17)

link the area to the rest of the country.

Water transport, linking south Mumbai to NMSEZ is expected to boost

accessibility to the area.

With convenient rail, sea, road and air linkages, NMSEZ is best placed to create a world-

class trans-shipment hub in Navi Mumbai. This would divert a lot of existing traffic from

Mumbai and nearby areas to the SEZ, increasing avenues to earn additional revenues

Proximity to Mumbai and Navi Mumbai

Proximity to international and domestic transportation infrastructure

55


Jawaharlal Nehru Port, which is adjacent to NMSEZ, is an efficient container port

providing necessary linkages to the international markets. Further, the SEZ is in

proximity to Mumbai Port, the largest port facility in the country.

Chhatrapati Shivaji International Airport at Sahar, is 60/90 minute away. Further,

the Navi Mumbai International Airport is expected to be set up by 2007-08, which

will give a boost to air-cargo-linked industries

Well-connected road and rail linkages - National Highways (NH3, 4, 8, 9 & 17)

link the area to the rest of the country.

Water transport, linking south Mumbai to NMSEZ is expected to boost

accessibility to the area.

With convenient rail, sea, road and air linkages, NMSEZ is best placed to create a

world-class trans-shipment hub in Navi Mumbai. This would divert a lot of existing

traffic from Mumbai and nearby areas to the SEZ, increasing avenues to earn

additional revenues

Proximity to Mumbai and Navi Mumbai

Access to trading centres - Mumbai is a regional and national trading centre for

many products (e.g. gems and jewellery

Access to cheap and skilled manpower- Navi Mumbai is located on the Pune-

Mumbai-Thane knowledge corridor, and has access to skilled manpower from

reputed national and international educational institutes including engineering and

technical colleges, management institutes, etc. Further labour costs in the region

are significantly lower than those in other developed countries, thereby providing

outsourcing opportunities

Access to social infrastructure - CIDCO has developed the residential areas in

Navi Mumbai and Belapur region. These residential units are ready for occupation

Access to huge urban markets - Mumbai, Navi Mumbai and Pune, with a

population base of approximately 15 million are within the catchment area of the

SEZ.

56


Access to finance - NMSEZ's proximity to Mumbai, the commercial centre and

financial capital of the country, will provide unlimited access to capital, for the

units located in NMSEZ.

Infrastructure availability

The Navi Mumbai region has adequate power generation capacity

Water from CIDCO's own dams is available in plenty

Internal infrastructure such as water supply pipelines and internal roads, etc.,

has already been developed within Dronagiri zone

Existence of international and national transport infrastructure along with the significant

internal infrastructure that is already developed provides a head-start to NMSEZ as

compared to other local SEZs

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CIDCO as co-promoter

CIDCO is a premier town planning & development agency in India, and has established

itself as an excellent infrastructure provider over the years. CIDCO has been instrumental

in the development of Navi Mumbai. CIDCO is a special planning authority for a number

of other urban areas in Maharashtra.

Due to its long-standing experience in township development and the success of the Navi

Mumbai township project, CIDCO has been invited by several other Indian states to

provide consultancy services on city/township development.

Due to its expertise in town planning as well as its success in Navi Mumbai, GoI has

appointed CIDCO as the nodal agency for the planning, development and marketing of

NMSEZ.

CIDCO's presence as a co-promoter to the project would provide NMSEZ with an

existing administrative setup that would help implement the project effectively, as well as

provide easy access to a quasi-government body that would facilitate the interaction

between NMSEZ and the GoM.

Proximity to other industrial areas

Proximity to well-developed industrial areas such as Ambernath, Belapur, Dombivli,

Kalyan, Nasik, Nagothane, Pune, Thane, Taloja, etc., provide excellent linkages with

support industries and suppliers of intermediates, to the units that would come up within

NMSEZ.

Miscellaneous

58


Climatic conditions are favourable in Maharashtra for growing fruits, vegetables,

flowers which ensure abundant supply to agro-based industries

Maharashtra's long coastline of 720 km and river length of 3200 km could be

leveraged to boost the exports of marine products

Opportunities

Industrial units in India are increasingly looking out for industrial estates and

integrated facilities, where infrastructure facilities are on par with international

standards.

There is an increasing trend among unorganized sectors to move to integrated

facilities in order to get cluster and common infrastructure benefits. Such

industries include Gems & Jewellery, Biotech, Information Technology, toys and

leather. These sectors can reap the benefits of clustering. NMSEZ will be catering

to the specific needs by building specialized enclaves for these sectors

There is an increasing trend worldwide for developing trans-shipment facilities in

order to achieve transportation efficiencies. JNPT has the potential and is also

being positioned as a trans-shipment port. Given NMSEZ's access to airports, road

& rail networks as well as JNPT, there is significant opportunity for NMSEZ to

position itself as a transshipment hub

Several infrastructure facilities like the airport project, sea-link project, water

transport terminals, extension of railway network, etc., are planned to be

developed in order to cement NMSEZ's position as a leading industrial township

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Administration of SEZ

The overall administrative responsibility for the SEZ shall vest with the designated DC of

the SEZ. The DC shall function as a quasigovernment body, and shall perform all the

functions as laid down in the Handbook of Procedures, Vol. 1. As per the SEZ policy,

powers of several state & central government departments, including the Labour

Commissioner, Pollution Control Board and many others shall vest with the DC, thus

making the DC the single, point authority for the SEZ. The SPV management will work

in close coordination with the DC.

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61

Labor Laws

Combined board approval

FIPB Ministry of

Commerce

ExceptionSEZ policy & EXIM Rules

Exception

FEMA

Rules

Ministry Of

Finance

State Government

Development Commissioner

SPV Board

NMEZ

Tenants


Upcoming SEZs in India

With the announcement of the previous two successive EXIM Policies favouring the

establishment of SEZs, most of the states have decided to be a part of the SEZ revolution.

The details of the major SEZs and their stages of completion are given below:

Positra SEZ – Gujarat

This is the most hyped SEZ project in India these days. The location is the Port of Positra

(near Pipavav in Jamnagar), Gujarat and the expected area covered will be around 200

square kilometres. Those involved in developing the island city-state of Singapore will

undertake the designing; master planning and detailed engineering of Positra SEZ.

Project Description

The project is considered to be the first of its kind in the world, as similar SEZs across the

world including the ones in China, Hong Kong or Mauritius are owned and run by the

respective governments. The Indian project is expected to become operational in three

years.

In the first phase, to be completed by 2003 at a cost of Rs 40 billion, the central business

district covering 40 square km will be set up alongside the roads, railways and airport.

The second phase will cover construction of the seaport and jetties, while in the third

phase entertainment facilities and development of the outer periphery of the zone for

chemical industries would be undertaken. All the companies and services inside the zone

will have to adhere to a minimum Euro II standards-these are environmental norms for

industries which are located in coastal areas.

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USP

The unique value proposition of PSEZ, according to its promoters, is a powerful IT

infrastructure, complete with an in-zone optic fibre cable backbone and data storage

centres. The SEZ is positioned as world’s first digitised economic zone. The whole idea is

to build a global class and globally competitive infrastructure to give a tough competition

to other SEZs in this part of the world such as Shenzen, Shintou, Tinjiang, Jebel Ali and

Taiwan.

Financing

The Gujarat Positra Port Infrastructure Ltd (GPPIL) equity pie has already been carved up

between the SKIL (54 per cent), the Gujarat Government (11 per cent), the Jurong Town

Corporation and the Sumitomo Corporation (10 per cent each) and three FIIs (5 per cent

each).

As per original projections, the equity was to the tune of Rs 1,272 crore while long-term

debt was marked at Rs 3,180 crore. The remaining Rs 1,200 crore was to be raised

through ’lease deposits' from those units who planned to set up shop at the SEZ.

The total investment in the economic zone plus the project cost (which is direct

investment) is pegged at $2 billion or around Rs 9,200 crore.

Latest Developments

THE Rs 5,652-crore Positra SEZ, being put up by the Gujarat Positra Port Infrastructure

Ltd (GPPIL) is now faced with the task of relocating its jetty site to Okha, 20-odd km

away from the originally mooted site at Positra. The cost overruns may be to the tune of

Rs 500 crore as the GPPIL will now be forced to undertake construction of a breakwater,

a 3-4 km-long trestle to the offshore jetty site and considerable amount of dredging at

Okha.

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Nangunery SEZ – Tamil Nadu

Tamil Nadu is going to house the country’s first greenfield Special Economic Zone

(SEZ). The SEZ will be set up at Nangunery and be developed by the state government

and the Tamil Nadu Industrial Development Corporation (TNIDC) in collaboration with

some private companies, the main promoter being Advanced Technologies

Manufacturing and Assembly City (ATMAC). The SEZ will be totally pollution-free and

geared to attract hi-tech investments to boost exports. Besides the industrial area, the

Nangunery SEZ will include a golf course, modern recreation centres including movie

halls and multi-cuisine restaurants, battery-operated buses, upmarket schools, glitzy retail

arcades and a hi-tech hospital. It will target big software companies including the US-

based Intel, Sun Microsystems and Cisco, among others.

Atchutapuram-Rambili SEZ – Andhra Pradesh

The exact site for this zone has not yet been finalized. In fact, KPMG Consulting has been

hired to recommend the location and cost of the SEZ. The consultant was appointed to

help the state government in selection of site, outlining the role of the state government in

the project and also in suggesting policy changes required to be effected in the present

laws. The initial investment for the proposed special economic zone in Andhra Pradesh

has been pegged at Rs 1,860 crore. The zone is proposed to be located on the east coast in

Atchutapuram-Rambili area. While part of the base infrastructure is likely to be provided

by the government, the project has been will be implemented entirely through private

initiative.

Hassan SEZ - Karnataka

KARNATAKA plans to set up special economic zone with an area of 2,000 acres at

Hassan. As per the plan, the state government is to provide infrastructure and the union

government would take care of excise, customs and taxation. The Centre has cleared the

proposal. Hence, the Infrastructure Development Corporation of Karnataka (IDecK) has

64


been asked to give a detailed project report (DPR) on the proposed Special Economic

Zone (SEZ) at Hassan.

Mundhra SEZ – Gujarat

After the earthquake, the government has announced special tax incentives for investors

in Gujarat. It is to avail of these benefits that the Adani group proposes to develop the

Mundra port as a special economic zone at a cost of Rs 500 crore. The Gujarat

government will shortly request the Central government to sanction this project proposal.

Once the Mundra SEZ proposal is approved by the Center, the state government will

acquire the necessary land and hand it over to Adani for developing industrial parks with

complete infrastructure facilities. The Mundra SEZ will accommodate only exporting

units.

Gopalpur SEZ – Orissa

Tatas have finally got a permission to set up a SEZ in Gopalpur after their plan to set up a

10-mn steel plant did not materialize. The proposed SEZ will be built on the 3,500-acre

land that Tata Iron and Steel Company had originally purchased to set up the steel plant.

The group has already spent Rs1.5bn to buy land for the steel project and to rehabilitate

the displaced owners. The Orissa state government has granted the proposal to build SEZ

after its move to develop Gopalpur, the only deep-water port in eastern India.

It has been reported that Adani Exports, part of the Rs.35 bn Adani Group, has already

signed an agreement with the state government for the development of the port. This

would be a build-own-operate-transfer scheme for a concession period of 30 years.

Tatas reportedly came up with the idea after the Orissa government started developing the

Gopalpur port which can easily cater to big cape-size vessels over 120,000 tonnes. It

would help any industry that wants to focus on volumes, as they would need such big

65


cape-size vessels to enjoy the freight advantage. Tisco plans to develop the SEZ with

infrastructure facilities and then lease it out to potential investors.

Other SEZs

Punjab is assessing the viability of setting up a Special Economic Zone (SEZ).

The likely choice of location is Ludhiana or any other suitable place the industry

may suggest.

Goa has decided to ask Tata Consultancy Services (TCS) to study various aspects

of its proposal to set up a special economic zone (SEZ) in the port town of

Mormugao in south Goa. The state government was exploring the possibility of

having tourism and hospitality sectors along with industrial growth as the main

focus of the SEZ.

List of SEZs approved for establishment (8.1)

Name of the SEZ Name of Promoter

Positra SEZ Gujarat Positra Port Infrastructure Limited, Ahmedabad

Nanguneri SEZ Tamil Nadu Industrial Development Corporation, Madras

Bhadohi SEZKanpur SEZ

Secretary, Small Scale Industries & Export Promotion, Govt. of UP, Lucknow

Kakinada SEZ Principal Secretary (Industries), Govt. of AP, Hyderabad

Paradeep SEZ Gopalpur, SEZ

Secretary (Industries), Govt. of Orissa, Bhubhaneshwar

Kulpi SEZ Principal Secretary, Commerce and Industries Dept, Govt. of West Bengal, Kolkota

Indore SEZ Principal Secretary, Commerce and Industries Dept, Govt. of Madhya Pradesh, Bhopal

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Current development on SEZsAfter suffering ceaseless bashing from the skeptics for years, special economic zones

(SEZs) have finally caught the fancy of India’s Inc. Investment worth Rs 10000 crore

have been lined up for the next three years and SEZs fever has caught all categories

including private sector companies. PSUs, state government and foreign investors. From

MNCs like Nokia and Hewlett Packard, to domestics giants like Reliance Energy, Wipro,

Reliance Industries and Mahindra, states like Jharkhand, and PSUs like MMTC and

Cochin Port Trust are busy finalizing ambitious investment plans, Commerce and

industry minister Kamal Nath. Had quoted that the investment are flowing in industries,

like telecom, IT, software, auto ancillaries, gems, and jewellery, textiles, handicrafts and

electronics.

Private sector‘s Busy BEE queue in development of SEZs Reliance Energy has acquired 1000 hectares in Ghaziabad for multi-product SEZ

IT major Wipro has committed an investment of Rs 1710 crores in seven

locations. Wipro’s SEZ are to be located in Hyderabad, Chennai, Pune, Bangalore,

West Bengal and Noida (UP). The biggest SEZ investment of the IT major is

earmarked for Chennai at Rs 450 Crore.

HP is investing Rs 3000 crore in an IT SEZ in Bangalore.

Nokia is pumping in Rs 675 crore in Sriperumbudur near Chennai for telecom

equipments well as services.

Reliance industries has committed Rs 5000 crore for a petro product SEZ at

Jamnagar in Gujarat

Mahindra has lined up Rs 300 crore in separate projects in Tamil Nadu

Cochin Port Trust has obtained permission from the government to invest Rs 800

crore in a port based SEZ which will be located close to Puthuvypeeen or

Vailarpadam in Kerela .

Maharashtra Airport Development Company has sought permission for a 1300

hectare SEZs in Nagpur.

And many more SEZ have been lined up to be opened in the country

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State Government investments in SEZs State Government of Jharkhanad is planning to invest Rs 1156 crore in 1200

hectare facility in Ranchi.

Haryana State Industrial Development Corporation has obtained approval of

investing Rs 2000 crore in Gurgoan

UP State Industrial Development Corporation is planning an investment of Rs

2100 crore in Kanpur

AP State Industrial Development Corporation has obtained a permission to invest

Rs 2000 crore in Visa State Industrial Development Corporation khapatnam

As many as 55 SEZs have been approved so far and more application are coming

in

PSUs (Public Sector Units) Investment in development of SEZs MMTC (Mineral and Metal Trade Corporations) Is setting up a warehouse SEZ at

Haldia in West Bengal.

ONGC is working with Gujarat State Industrial Development Corporation for

multi-purpose SEZ at Dahej at a cost of Rs 294 crore

Delhi Metro Has been allowed to set up a Rs 170 crore SEZ at Shastri Park in

Delhi

Conclusion

Importance of a SEZ

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Exports from Special Economic Zone

Zone2003-2004(Rs. in

crores)2004-2005(Rs. in

crores)Kandla SEZ 1018.82 1060.14SEEPZ-SEZ 7832.81 8298.59Noida SEZ 1534.17 4266Madras SEZ 1037.96 1376.91Cochin SEZ 298.91 462.99Falta SEZ 825.34 569.15Visakhapatnam SEZ 435.67 579.27Surat SEZ 869.9 1539.72Jaipur SEZ 5.27Indore SEZ 55.02Manikanchan SEZ 95.54Total 13853.58 18309


SEZs attract foreign investment resulting in the fusion of advanced technology, thereby

improving standards of quality and efficiency in products offered in the export market.

High employment and technology tranferthrough the FDI

SEZs continue to be efficient vehicle for increased exports. It can bring a double digit

growth. With its preferential fiscal policies it helps to create jobs and reduce regional

disparity.

Migration of capital labor and technology across geographical boundaries would reduce

disparity at all levels and lift the economy to higher levels of growth.

Analysis of the SEZ Scheme in India

The decision of the Union Minister for Commerce and Industry Mr. Murasoli Maran to

set up Special Economic Zones in India based on the successful Chinese models to attract

foreign investment and boost exports is a move in the right direction. . But the objectives

of this move will be met only if certain essential conditions are met. Simply designating

certain areas won’t do the trick. The success of the SEZs hasn’t come merely from

wishing it. The following fundamental factors can be identified as influencing China’s

success, and it is these that India should bear in mind when working out the plans for its

SEZs:

Community SupportThe Chinese SEZs have enjoyed support from the Chinese communities in Hong Kong,

Taiwan, and elsewhere. In fact, nearly 70 per cent of all foreign investment in Shenzhen

is from Hong Kong just as most investments in Zhuhai are from Taiwan. This provided

the bedrock on which Shenzhen was able to build and the early momentum that made its

task of attracting other foreign investors easier.

India’s proposed SEZs would need a similar initial push, and that could come only from

the vast expanse of Indians worldwide. India should try and reach out to the successful

industrialist families abroad. This community has not been given the importance it

deserves, and as such has been ignored till now. There are many successful patriotic

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Indians who want to do their bit for the country. When such alumni can donate huge

funds to institutes like IIT, they would surely be interested in any such venture, which

would help develop their nation.

Strategic Location & Linked Growth

Almost all the Chinese SEZs and ETDZs are located in, around, or not too far from

provincial capitals, economic strongholds, or transport hubs. In fact, the entire initial

bunch of 14 ETDZs that China established in 1984 involved existing coastal cities, such

as Dalian, Tianjin, Shanghai, and Guangzhou. Being close, the zones and the cities

nourished one another and created an irresistible dynamism for growth.

The lesson here is simple: SEZs won’t succeed if they remain isolated enclaves out in the

boondocks, simply as collections of factory buildings and sheds. The best example is the

Navi Mumbai SEZ which is strategically located. Navi Mumbai is well connected to

Mumbai both by wide roads and mass rapid rail systems. Travel time from Mumbai's

central business district at south Mumbai varies from 45 minutes (water transport) to 60

minutes (road/rail transport). India's busiest domestic and international airport Chatrapati

Shivaji International Airport - is just 90 minute drive from Navi Mumbai.

Scale & Magnitude

A very important factor in the success of China is the scale and magnitude of special

economic zones. The five largest such zones in China – Shenzen, Zhuhai, Santou, Ziamen

and Hainan – exported $ 26 billion in 1994, almost 22 per cent of the total exports.

The Indian Commerce Minister said “Taking the size into consideration, I propose to

consider them (Positra of 880 hectares and Nangunery SEZ of 1012 hectares) as our

country's two first Special Economic Zones''. He further said: “We expect that the

minimum size of the Special Economic Zone shall be 400-500 hectares or more''. (One

square km consists of 100 hectares).

It would serve little purpose if such tiny areas were being considered for the

establishment of SEZs in India. The first four SEZs set up in China in 1980 had areas as

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follows: Shenzen with 328 sq kms; Zhuhai with 121 sq kms; Shantou with 234 sq kms;

and Xiamen with 131 sq kms. China subsequently set up two more SEZs – Pudong with

518 sq kms and Hainan (a whole island and a province) with 34,000 sq kms. India cannot

even dream of replicating the Chinese success if it goes in for very tiny SEZs.

The proposal to allow tiny SEZs in India would perhaps imply that the concept of the

Chinese SEZs has not been understood. While the small EPZs operating in India, ranging

from 40 hectares to 300 hectares, are meant only for export-manufacturing, the Chinese

SEZs permit foreign investments in a whole range of economic activities – hence the

appellation ‘Economic’ Zone - such as industrial production, agriculture, commerce,

tourism, housing, etc.

This would obviously imply that one should look at SEZ size similar to a taluka/district or

even a province. The SEZ concept envisages multi-sectoral foreign investments bringing

about all-round regional development while promoting foreign capital inflow, export

production, technology transfer and employment generation.

A large chunk of Raigarh district (Maharashtra) forming the hinterland to the Nhava-

Sheva Port (Mumbai) could make an ideal SEZ. Also, the whole of Goa (3702 sq kms)

can be another ideal SEZ. We should look at the landmass where foreign corporates

would be attracted to come and invest in exporting industries as well as in hotels, resorts,

agriculture, telecommunications, power-generation, etc. Recently companies like

Reliance Energy and Mahindera and Mahindera are acquiring more 1000 hectares of land

to develop SEZs.

In India, as per norms prescribed for SEZs, the area has to be around 1,000 to 2,000 acres.

Naturally advantage went to states like Gujarat, Maharashtra, Tamil Nadu etc. Now the

government is considering reducing the size of SEZ to benefit more states. If this is the

way location and sizes of SEZs are going to be decided in India, we should be ready for

another potential failure in the government’s string of export promotion measures.

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Considering all the implications of size on the success of an SEZ, this factor has to be

given due consideration and all decisions related to it have to be based on objective facts

and figures, and not otherwise.

Legal Autonomy & Labour Laws

The Chinese SEZs have their own legislature and can enact their own laws and

regulations, including labour laws. The SEZs are marked by decentralised administration.

The SEZs are administered by PASEZ (the Provincial Administration of Special

Economic Zones). This effectively ensures the involvement of the provincial

administration in the management of the SEZs.

There are also some special provisions for industrial relations applicable to the industries

and other ventures in the Chinese SEZs. Foreign companies in the Chinese EPZs enjoy

tremendous flexibility in terms of labour laws. Employment is contractual, the wages –

subject to a minimum between 120 per cent and 150 per cent higher than state enterprise

wages – are fixed by the companies themselves, and retrenchment is permitted. These

apart, the governor of the SEZs in China has enormous powers, including the right to

approve projects involving investments up to $ 30 million, and grant concessions and

incentives to foreign players.

However, in India, the EPZ management has been vastly Centre-driven. Despite the

freedom from import and export licensing as well as tariffs, our EPZ enterprises have

been having a difficult experience with the customs administration. The Central

government should invest customs responsibility and powers in the development

commissioners manning the SEZs if unnecessary red tape and harassment to the zone-

exporters have to be minimized.

Additionally, India has a large labour force and if we were to move over to capital-

intensive industries there will be more unemployment. But the need of the hour is to

accelerate growth, which can come only if we reverse our operating stance from that of a

labour-intensive industry to that of a capital-intensive industry.

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In India, the only ray of hope for units in SEZs is that the Development Commissioner of

the zone (who is appointed by the Commerce Ministry) will double up as the Labour

Commissioner. This is expected to minimize the time taken to settle labour disputes.

That's small comfort, given the country's rigid labour laws.

The issue of simplification of labour laws for SEZs was left unanswered by Mr. Maran in

the EXIM Policy. Without this authority for independent economic management, SEZs

will remain a cripple, always depending on provincial or federal support and, therefore,

ever susceptible to political influences.

Infrastructure and Facilities

Every nation requires a good infrastructure to for a consistent growth and development. It

is said that when United Nation of America became independent the first thing which

they developed was their infrastructure. China is ahead i.e. is growing fast then India

because it has first-class infrastructure in place. Recently one of the important agenda in

India’s planner is to develop its infrastructure and progress in the construction of the

SEZs is one of the ways towards it. As SEZ does not concentrates only on developing

industrial estates but endeavors in the development of township.

All Chinese SEZs and EDTZs have superior logistic support and transport and

communication links. A major contributor to China’s success is its investment in the

infrastructure. The Chinese government has spent $ 3 billion in the infrastructure alone in

Pudong & it is committed to spending 744 billion in infrastructure in 1995-2004. As

opposed to this, a paltry few billions were proposed to be spent on infrastructure in India,

in the Union Budget of 1999-2000. In fact, a major part of China’s post-open door

infrastructure spending has gone into creating, strengthening, and expanding these links

to bring the zones closer to ports, airports, and railheads as well as to major cities across

the country.

Moving over to Dubai, the Jebel Ali Free Trade Zone, famous for its state-of-the-art

technology and logistics, has fuelled economic growth of Dubai. The FTZ contributes

almost a quarter of all outbound trade from the United Arab Emirates.

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Structuring India’s SEZs along the lines of overseas SEZ models can be risky. For, the

ground conditions are vastly different in India. So, India should take care to ensure free

flow of financial and fiscal concessions in these Indian SEZs. For instance, in Jebel Ali

Free Trade Zone there is an uninhibited free flow of capital and profits. There are no

currency restrictions there, nor is there any corporate or personal income tax. The Sharjah

Airport’s International Free Zone has the biggest air cargo hub in West Asia and Africa.

Apart from no import restrictions, this FTZ allows 100 per cent ownership and

repatriation of funds.

India has a complicated market structure and if it wants to set up SEZs like those in the

rest of the world, it will have to put in place the logistics of market structure and

functioning. SEZs function independent of the rest of the market and differ in their

market policies. These zones should in fact function in an environment free from complex

and irksome regulations and high tariff rates.

To facilitate such wrinkle-free functioning of SEZs, the Indian government will have to

integrate the various departments involved such as customs, sales tax, environment and

pollution control. Such integration is possible only if a forward-thinking foolproof policy

is put in place and no tinkering is done thereafter. Without such a logistical framework,

just setting up SEZs will not work.

Eventually, nothing pleases an investor more than developed infrastructure and a working

environment that’s free of bureaucratic hassles.

Government Attitude

The attitude of the Chinese government has been marked by strong determination and

commitment when it comes to liberalizing, even though it is in selective areas. There have

been no half-hearted steps in any direction. There has also been no lagging behind, when

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it comes to taking steps to ensure success of its endeavors. This is evident especially from

the proactive measures taken by the government in matters related to SEZs.

Even India has had a series of EPZs in the past. But today, they have lost their relevance

and are in no way better off despite all the policy announcements and liberalisation

measures. They have become non-operative blocks. All this is because, In India, there is

little convergence of objectives and strategies between the union and state governments.

As such, policies are short-lived and lack long-term vision. There is dilly-dallying in

implementation of policies. With a change of government at the centre, there is a change

in stance and perception of policies resulting in a lot of confusion among the exporters.

There is then no initiative on their part to increase volumes.

India has good economic advisers but sadly enough their policies only gather dust. A Free

Trade port was to be set up in Tuticorin, Goa and Andaman Nicobar islands according to

a suggestion. Ten years have passed and the policy-makers have forgotten the issue.

China used a different exchange rate system in the initial years to kick-start investments.

A unified exchange rate was introduced only in 1994. A recommendation to do the same

thing was given in the Raunaq Singh Committee Report (1985) that recommends a

different exchange rate, or currency, for SEZs (following the argument that an

undervalued currency would boost exports). The Indian government was not even willing

to consider this recommendation for reasons unknown.

SEZ was created to set up a special enclave where companies could have incentives and

infrastructure to focus on exports and avoid the reams of red tape they usually face.

Instead, the New Act could end up merely providing a new and lucrative tax shelter for

corporate India, with little impact on export growth. And the government could lose

valuable tax revenue in the process.

Let us discuss the provision of the New Act

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According to Ardhana Agarwal an associate professor at the department of business

economics in Delhi University who has researched the impact of SEZ is of the opinon

that in India , companies who shift to an SEZ purely take advantage of tax benefits, And

when the tax benefits expire they shift out.

In past Indian companies have been making such use of indirect tax holidays given by

various states like Himachal Pradesh or union territory like Silvassa for years. Once a

company uses up the sales or excise tax benefits in one states it simply shutsthe unit and

shifts it to another state where it can get those benefit all over again

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The New ACT 2005

Exporters will continue to get corporate tax exemptions well beyond 2009—100% for 5 years, 50 % for the next five years after that on the profits ploughed back for investmentIf the units are relocated to an SEZ exporters can claim capital gains tax exemption; such units will be eligible for tax breaks even if they aren’t really fresh capacitiesNo limit on sales from an SEZ unit within India, though the exporter has to pay custom duty. All imports into the SEZ are duty-freeSEZ units can raise funds from the international market through external commercial borrowings of up to $ 500 million a year.100% foreign direct investment allowed for SEZ manufacturing unitsUnits can invest or make business payments overseas out of export earnings with few restrictions.Banks which set up off shore banking units in the SEZs can get income tax exemptions for that operation for 10 years


Experts are skeptical about whether the Act will actually promote exports. For instance,

Nokia which is setting up a plant in Sriperumbuerur SEZ for manufacturing handsets and

telecom equipments , has no plans of exporting from there as now.

But the act provides no concession on the labor laws, which is fully be applied in the

SEZs

The Indian government always takes a very short-term view and caught in its fiscal mess

has no better option but to stall the project. With too many windows in the administrative

setup, complications are bound to arise and misunderstandings will take place. Unless and

until an overall liberal framework is designed to look into monetary, trade, fiscal,

taxation, tariff and labour policies, all other efforts will go waste.

To sum up SEZ will be the launch pad for future economic growth and have come to

stay

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