Efficacy of Sezs On Promoting Export From India - A Comprehensive Evaluation of Provisions
Efficacy of Sezs On Promoting Export From India - A Comprehensive Evaluation of Provisions
Efficacy of Sezs On Promoting Export From India - A Comprehensive Evaluation of Provisions
Management
A Project Report on
“Efficacy of SEZs on Promoting
Export from India – A
Comprehensive Evaluation of
Provisions”
By:-
Acknowledgement 02
Executive Summary 03
Introduction 04
Economic Zones 06
o International Experiences 14
SEZ in India 18
Objectives of SEZ 21
Performance Analysis 40
Conclusion 53
Bibliography 55
Annexure 56
Acknowledgement
It gives us immense pleasure to express our deepest gratitude towards Dr. Rajiv Arora for
providing us with the opportunity to undertake this project, which helped us to learn so much
about the real world situations happening in different economies related to the economic
zones.
Words are insufficient to express our gratitude toward Dr. Sridhar Panda, without whom our
project could not have got completed. We would also like to give our heartily thanks to Mr.
Anuppam Bhaskar, who coordinated with us wherever required.
We would also like to express our sincere thanks to all other faculty members as well as the
staff at library and computer lab who has helped us on the project work with the necessary
inputs. Their constant support has been the key to our achievements on the projects.
We would also like to thanks our parents, fellow colleagues and friends for helping out in
timely completion of the project report and for providing for their moral support, suggestions
and encouragement.
However, we accept the sole responsibility for any possible error of omission and would be
extremely grateful to the readers of this project report if they bring such mistakes to our
notice.
Anand Mallick
Prashant Babu
Suman Bhattacharyya
Executive Summary
Special Economic Zones (SEZs) are set to change the entire Indian economic landscape. They
are said to be the engine of the economic growth. With Asian economies competing for a pie
in the international capital flows, tax breaks and hassle-free environment are much needed to
attract investors in the infrastructure and industrial development. The Indian SEZ Act,
announced in May 2005, is a right move in this direction. India is gearing up with the new act
that aims at attracting FDI and domestic investments, to corner benefits of new business
opportunities. The act facilitates single-window clearance, timely disposal of applications,
and tax break for 15 years (instead of the previous 10 years). Learning lessons from the past
failures of SEZs, the government is taking concrete steps to transform current SEZs into new
age Indian factories. Not only are the big industrial houses and real estate developers taking
part, but state government bodies are also a part in the current SEZs wave. The recent rush to
set-up SEZs could fuel the economic growth and provide the cost advantage to industry in the
rapidly changing global market.
SEZs, being islands of opportunity, are offering business opportunity across the sectors. FDI
in SEZs is set to rise rapidly once the development completes. Attractiveness of these SEZs
would depend on products that have low import tariff and high volume products that have a
domestic and international market.
Like anywhere else in the world, the three pillars of the SEZ Act are fiscal incentives,
regulatory freedom, and world-class infrastructure. In the latest SEZ Bill, government has not
talked about the much awaited flexible labor laws. However, state governments have been
Special Economic Zones (SEZs) have been established in many countries as testing grounds
for the implementation of liberal market economy principles. SEZs are viewed as instruments
to enhance the acceptability and the credibility of the transformation policies, to attract
domestic and foreign investment and also for the opening up of the economy. SEZs in India
seek to promote the value addition component in exports, to generate employment as well as
to mobilize foreign exchange.
Special Economic Zones (SEZ) have occupied a center stage in the national
consciousness for the past few months due to the events unfolding in Singur and subsequently
the occurrences in Nandigram (a proposed SEZ). Many economies including India have used
the concept of SEZ in one or the other form to promote exports and boost economic growth.
The Indian experiment began in 1965, complemented by new policies regarding exports, FDI
etc to attract investments and boost exports. Since the implementation of these reforms began
there has been a spate of criticisms from a number of quarters on different aspects of the SEZ
policy. Some of the economic issues raised about the SEZ policy have been improper usage
of arable land, food security, loss of low skilled jobs in agriculture, forestry, and small scale
industries. Despite the opposition the government is determined to go ahead with rapid
creation of new SEZs. At the same time the government also claims to follow a policy of
economic growth that enhances both equity and efficiency. In light of these issues, this paper
tries to analyse some economic facts related to the creation and working of the SEZs in order
to arrive at the ground realities which would help in effective decision making about SEZs.
India was one of the first in Asia to recognize the effectiveness of the Export
Processing Zone (EPZ) model in promoting exports, with Asia's first EPZ set up in Kandla in
1965. With a view to overcome the shortcomings experienced on account of the multiplicity
of controls and clearances; absence of world-class infrastructure, and an unstable fiscal
regime and with a view to attract larger foreign investments in India, the Special Economic
Types of Zones
The different types of economic zones found around the globe are:-
A special economic zone usually covers a distinct administrative region (e.g. province,
municipality) and is more than 100 sq km in size. It can be located anywhere. It is resident
Population.
The export processing zone or free trade zone is an enclave or park, usually less than 200
hectares in size. It is usually located close to seaports and airports.
Industrial Zone
Industrial zone is an enclave or industrial park which can be located anywhere. The size is
usually up to 100 hectares.
Enterprise Zone
Enterprise zone is usually found in inner city areas. It might be an entire city as well.
Objectives – They are meant for urban area renewal (US). But might be for promoting local
area development also through private participation.
Incentives – Duty free imports are not allowed. The main incentives include zoning relief,
reduced local taxes and relief from licensing. However, labour laws are flexible.
Activities – Manufacturing, trading and various other commercial activities.
Example – Japan (Kobe), UK (Tyne Riverside), US.
Information processing zone can either be part of a city or part of any other zone.
Financial services zone can be either part of a city or part of any other zone.
Commercial free zone is usually meant for warehousing and is located close to air/sea ports.
Its size is usually less than 50 hectares.
Free port/zone is an island/province city or even a country. It can be part of a city or more
commonly part of international airports. The areas have resident population.
There is empirical evidence to show the positive influence of SEZs in reducing the gap
between developing and developed countries.
Objectives, features and benefits offered differ from country-to-country
Administrative mechanism and Regulatory framework also vary from country-to-
country
In the People’s Republic of China, Special Economic Zones were founded by the central
government under Deng Xiaoping in the early 1980s. The most successful Special Economic
Zone in China, Shenzhen, has developed from a small village into a city with a population
over 10 million within 20 years.
Following the Chinese examples, Special Economic Zones have been established in several
countries, including Brazil, Iran, Jordan, Kazakhstan, Pakistan, the Philippines, Poland,
Republic of Korea, Russia, Ukraine, United Arab Emirates. Currently, Puno, Peru has been
slated to become a “Zone Economica” BY ITS President Alan Garcia.
A single SEZ can contain multiple ‘specific’ zones within its boundaries. The most prominent
examples of this layered are approach are Subic Bay Freeport Zone in the Philippines, the
Aqaba Special Economic Zone Authority in Jordan, Sricity Multi product SEZ and Mundra
SEZ in India and According to the World Bank estimates, as of 2007 there are more than
3000 projects taking place in SEZs in 120 countries.
SEZs have been implemented using a variety of institutional structures across the world
ranging from fully public (government operator, government developer, government
regulator) to fully private (private operator, private developer, public regulator). In many
cases, public sector operators and developers act as quasi-government agencies in that they
have pseudo-corporate institutional structure and have a budgetary autonomy. SEZs are often
A clearly demarcated industrial zone which constitutes a free trade enclave outside a
country's normal customs and trading system where foreign enterprises produce principally
for export and benefit from certain tax and financial incentives
- WEPZA
A designated site licensed by the Foreign-Trade Zones (FTZ) Board at which special customs
procedures may be used. These procedures allow domestic activity involving foreign items to
take place prior to formal customs entry. Duty-free treatment is accorded items that are re-
exported and duty payment is deferred on items sold in the U.S. market
- Dept of Commerce, USG
Types of SEZ
Zones that admit only investors that meet certain performance criteria such as degree
of exports, level of technology, size of investment, etc. Companies can be located
anywhere.
Only 4 countries have adopted Performance Specific Zone concept (notably Mexico
and Mauritius).
1960 The world’s first EPZ is set up near Shannon Airport, Ireland –
duty free production zone for high value-added goods.
1985 Jebel Ali Free Zone, UAE, set up by royal decree on 100 sq
km.
Puerto Rico
The aim of creating special economic zones (SEZ) is to promote economic development in
depressed regions. SEZ can be used to facilitate the process of attracting modern technologies
into the national economy, promote competitiveness of goods and services, expand exports,
and create new job opportunities.
SEZ are established through granting privileges to companies investing in particular activities
in specific regions. Investors usually receive custom and tax privileges, rights for simplified
registration and customs procedures, and right for priority use of the SEZ infrastructure.
Commonly, SEZ are divided into the following groups, according to their economic
specialization:
Free Trade Zones: Such SEZ are established to ensure free goods turnover and
develop customs free trade. These areas are used for storing and primary processing of
imported commodities (packaging, marking, assembling, etc.). Such zones include
both international and free (e.g., Porto Franco) ports.
Technological Zones: These SEZ include areas where domestic or foreign firms
conducting research and development or innovative activities are concentrated (techno
parks, business incubators).
Industrial Zone: These SEZ include areas where customs and tax privileges are
granted to industrial companies producing export or import substituting products.
Combination Zones: These zones, with broad specialisation, combine the features of
the previous types of SEZ (common in China, Brazil, Eastern European countries, and
CIS).
Economic Goals:
Social Goals:
Creation of new work places and increasing employment
Training and increasing of qualification of employees
In creating SEZ, governments usually seek to attract foreign investment. One sector of
specialisation is chosen in each zone (except for combination zones). Mostly, investments are
channelled into electronics, light, food, and wood processing industries, where output is
oriented at the final consumer and has high added value.
International experience indicates that SEZ are not always effective. This is mainly caused by
incoherent government policy, namely:
1. Unstable and non transparent legislative regulation of SEZ, resulting in low levels of
investment, corruption, and privilege abuse for money laundering purposes
2. Lack of strict requirements concerning SEZ specialisation, leading to unjustified
expansion of privileges for practically all activities in the zone;
3. Improper planning of SEZ, namely:
a. Poor Selection of SEZ Location – Area with underdeveloped infrastructure,
insufficient amounts of natural and labour resources, or insufficiently large
market. In this case, SEZ is not attractive for investors.
b. Improperly Determined Zone Size – For instance, in China, Malaysia, and
Singapore large areas of SEZ turned to be the main source of industrial
development; however, large zones require enormous initial investment into
developing their infrastructure. Moreover, organisation of proper management
in these zones is quite complicated; this factor is very important for countries
establishing SEZ for the first time and having no experience in their
management.
Operation of SEZ can give positive results, if it is properly planned. For example, in China 5
combination zones, 14 open cities, and 10 research and development zones were established.
These zones generate almost 40% of total exports and show an annual industrial production
growth of 70%. In the Philippines, 19 SEZ were introduced (including industrial, export
oriented, tourist recreation, and free trade zones). During 1994–1999, these zones achieved
almost 5.8 times increase in exports, and 2.7 times increase in employment (388,000 jobs).
India’s share of the world’s population is 17 percent, but it accounts for less than two percent
of the global GDP and only one percent of world trade. It lags behind China and other
emerging East Asian economies in key indicators such as per capita income, adult literacy
rates, quality of infrastructure endowment and volume of foreign trade and investment.
The Indian economy is expected to grow at a rapid rate of 6–10 percent between 2007 and
2012 and beyond. By the year 2032, China will have the world’s largest economy, followed
by the U.S. and India. In terms of purchasing power parity (PPP), even today India’s GDP is
already the third largest in the world after the U.S. and China. While much of the country is
likely to remain poor and industrially backward, other parts have the potential to grow as fast
as China or other East Asian economies.
Land Requirements
Ground Realities:
Total Land in India : 2973190 sq. km
Total Agri Land in India : 1620388 sq. km (54.5%)
Total area for the proposed SEZ (FA + IP) = 1985 sq. km which would not be more than
0.066% of the total land area and not be more than 0.122% of the total Argi land in India.
Land Area
The History of SEZs in India suggests that the seeds of the basic concept of Special
Economic Zone (SEZ) were sown in the mid sixties. Further, the History of SEZs in India
suggests that the basic model of the present day Indian Special Economic Zone was
structured with the establishment of the first Export Processing Zone (EPZ) at Kandla in the
year 1965. Several other Export Processing Zones were set up at various parts of India in the
subsequent years. The lack of good Government of India economic policy and inefficient
management soon became the detrimental factors for the success of these Export Processing
Zones. Thus, the performance of these Export Processing Zones of India fell short of
expectations.
The modern day Special Economic Zone came in to existence because the economic reforms
incorporated in the early 1990s did not resulted in the overall growth of the Indian economy.
The SEZ policy of India was devised to act as a catalyst to promote the economic growth
attained in the early 1990. The economic reforms incorporated during the 1990s did not
produce the desired results. The Indian manufacturing sector witnessed a sudden dip in the
overall growth of the industry, during the second-half of 1990s. The History of SEZs in India
suggests that red tape, lengthy administrative procedures, rigid labor laws and poor physical
infrastructural facilities were the main cause of deterioration of Foreign Direct Investments
(FDI) inflow in to India. Further, the Indian markets were not mature enough to facilitate easy
entry of Foreign Institutional Investors (FIIs) in to the Indian economic system. Furthermore,
the legal framework of Indian economy was not strong enough to prevent misuse of Indian
markets by the foreign investors. Thus, the lack of investor friendly environment in India
prevented growth of Indian industry, in spite of implementation of liberal economic policy by
the central government. This resulted in the formation of a much larger and more efficient
form of their predecessors with world-class infrastructural facility.
The History of SEZs in India suggests that the present day Special Economic Zone policies of
India are well complimented by the provisions of the Acts and Rules of Special Economic
Zone. A number of meetings were held across India for the formulation of - 'The Special
Economic Zones Act, 2005', which was subsequently passed by Parliament in May 2005. The
SEZ Act, 2005 and SEZ Rules became effective on and from 10th February 2006. The SEZ
Fortune Institute of International Business Page 22
Act 2005 defines the key role for the State Governments in Export Promotion and creation of
infrastructural facilities. A Single Window SEZ approval mechanism has been facilitated
through a 19 member inter-ministerial SEZ Board of Approval or BOA. And the decision of
the SEZ Board of Approval is binding and final.
Objectives of SEZ
The primary objective of SEZ is to facilitate exports.
The tertiary objective includes creation of global industries and practices which would
eventually spill over to the mainland through backward linkages and generation of
employment
The SEZ Rules provides the simplification of procedures for development, operation, and
maintenance of the Special Economic Zones and for setting up and conducting business in
SEZs. This includes simplified compliance procedures and documentation with an emphasis
on self certification; single window clearance for setting up of an SEZ, setting up a unit in
SEZs and clearance on matters relating to Central as well as State Governments; no
requirement for providing bank guarantees; contract manufacturing for foreign principals
with option to obtain sub-contracting permission at the initial approval stage; and Import-
Export of all items through personal baggage.
The zones are proposed to setup by private sector or by state Govt. in association with
Private sector. Private sector is also invited to develop infrastructure facilities in the
existing SEZs.
State Governments have a lead role in the setting up of SEZ.
A framework is being developed by creating special windows under existing rules and
regulations of the Central Govt. and State Govt. for SEZ.
The salient features of the Indian SEZ initiative further include the following points:
Unlike most of the international instances where zones are primarily developed by
governments, the Indian SEZ policy provides for development of these zones in the
government, private or joint sector. This is meant to offer equal opportunities to both
Indian and international private developers.
The Special Economic Zones in India can be categorized into three main types:-
Entry/ FTWZ
Exit
Points
IFSC
Non-Processing Area
1. Processing Area
2. Non-Processing Area
Processing Area – Processing area is the demarcated area in SEZ where units can be located
for manufacture of goods or rendering of services. Minimum processing area has been
uniformly fixed depending upon the type of SEZ i.e. multiproduct or product specific.
Facilities such as Free Trade & Warehousing Zones, International Financial Services Centre
may be approved for establishment within the Processing Area.
To entrepreneurs holding valid letters of approval, with lease period co-terminus with
LOA
Developers and units have different approval processes. Developers have to fill the specific
form for applying and submit it to the state government depending upon the location of the
planned zone. Then, states have a maximum time of 45 days for forwarding the application
with their recommendation to the board. Before giving the recommendation, the states need
to ensure that some key facilities will be available for developers and units in the proposed
zone. The states have to also equip the prospective Development Commissioners of the zone
with powers. And while recommending the states must clarify to the Board whether the area
required by the zone is reserved or ecologically fragile.
However, the developers can also send their proposals directly to the Board. In such cases,
following the Board’s decision to approve the proposal with or without modification, the
developer needs to obtain the state government’s nod within six months. So, either through
the state government or otherwise, the BoA has the final say in deciding the SEZs in the
country.
Within a month of receiving the formal go ahead from the BoA, developers are handed over a
letter of approval (LoA) by the Central Government. The LoA allows developers three years
for carrying out their plans. Armed with the LoA, the developers move ahead for acquiring
land. Such land can be either freehold or leasehold. Following land acquisition, developers
submit to the Central Government evidence of legal right over the land along with other
particulars. They also provide certificated from state governments saying that land is free
from encumbrances. Thereafter, the Central Government notifies the areas as SEZs.
Appointing Development commissioners (DC) for the zones follows immediately, as does the
setting of Approvals Committees for judging the proposals from units keen on moving in the
SEZs.
The main work of the zone begins only after notification. The DC has the responsibility of
demarcating processing and non-processing areas within zones. Operations commence in the
A Board of Approval (BoA) for granting formal approval to proposals for setting up SEZs
was constituted by the Government of India.
Beginning from 17th March 2006, till 11th August 2009, the Board has met on 35 occasions
for considering SEZ proposals. The approvals issued by the Board are of two categories. In-
principle approval is granted for one year during which the developer is allowed to obtain
legal rights over the proposed land in which the zone will be set up. During this time,
developers are to take approvals from various statutory authorities in Central, State and local
governments, provide for rehabilitation of displaced persons, satisfy environmental
requirements and mobilize funds for the project. Formal approvals are granted only after
The different operations which are authorized in SEZs depend on the nature of SEZ.
Land Rules
The minimum land requirement for the SEZ depends upon the nature of the SEZ. The land
rules for different SEZs are:-
Multi-Product SEZ
For a sector-specific / for one or more services / in a port or airport, a contiguous area of 100
ha is required. However,
i. The minimum area will be 10 ha foe electronics hardware and software including IT
enabled services, biotechnology and non-conventional energy sectors (including solar
energy equipments/ cells but excluding non-conventional energy production and
manufacturing) and gems and jewellery.
ii. The minimum area will be 50 ha in Assam, Meghalaya, Nagaland, Arunanchal
Pradesh, Mizoram, Manipur, Tripura, Himachal Pradesh, Uttaranchal, Sikkim, Jammu
& Kashmir, Goa and in a Union territory, unless they belong to specific sectors
mentioned above.
Processing Area
i. For electronic hardware and software, including IT-enabled services, the minimum
built-up processing area will be 1 lakh sq m.
ii. For biotechnology and non-conventional energy sectors, the minimum built up area
will be 40000 sq m.
iii. For gems and jewellery, the minimum built-up processing area will be 50000 sq m.
iv. In Assam, Meghalaya, Nagaland, Arunanchal Pradesh, Mizoram, Manipur, Tripura,
Himachal Pradesh, Uttaranchal, Sikkim, Jammu & Kashmir, Goa and in a Union
territory, at least 50% will be earmarked for processing area unless they figure in
sectors mentioned above.
For free trade and warehousing zone, the minimum area will be 40 ha. However, a standalone
FTWZ can also be set up as a part of multi-product SEZ, as well as that of a sector-specific
zone with no minimum area requirement. However, the maximum area of such FTWZ will
not be more than 25% of the processing area of the SEZ.
The policy relating to SEZs was earlier contained in Foreign Trade Policy. However, to give
a long term and stable policy framework with minimal regulation, the SEZ Act was enacted.
In 2005, a comprehensive Special Economic Zones Act 2005 was passed by Parliament in
May 2005. The SEZ Act 2005 and the rules of the SEZ Act came into force from February
10, 2006. Investment of the order of Rs 100,000 crore over the next three years with an
employment potential of over 500,000 was also expected from the new SEZs, apart from
indirect employment during construction period of the SEZs.
The SEZ Act 2005 is mainly divided into 7 different chapters and 3 schedules.
Chapter I Preliminary
Chapter II Establishment of Economic Zone
Chapter III Constitution of Board of Approval
Chapter IV Development Commissioner
Chapter V Single Window Clearance
Chapter VI Special Fiscal Provisions for Special Economic Zones
Chapter VII Special Economic Zone Authority
Chapter VIII Miscellaneous
Schedule I Enactments (See Section 7 and 54)
Schedule II Modifications to Income Tax Act, 1961
Schedule III Amendment to Certain Enactments (See Section 56)
Key Issues
Governance
An important feature of the Act is that it provides a comprehensive SEZ policy framework to
satisfy the requirements of all principal stakeholders in an SEZ – the developer and operator,
occupant enterprise, out zone supplier and residents. Earlier, the policy relating to the EPZs/
SEZs was contained in the Foreign Trade Policy while incentives and other facilities offered
to the SEZ developer and units were implemented through various notifications and circulars
issued by the concerned ministries/departments. This system did not give confidence to
investors to commit substantial funds for development of infrastructure and for setting up
units.
Another major feature of the Act is that it claims to provide expeditious and single window
clearance mechanisms. The responsibility for promoting and ensuring orderly development of
SEZs is assigned to the board of approval. It is to be constituted by the central government.
While the central government may suo motu set up a zone, proposals of the state governments
and private developers are to be screened and approved by the board. At the zone level,
approval committees are constituted to approve/reject/modify proposals for setting up SEZ
units.
Infrastructure
1. The establishment of free trade and warehousing zones to create world class trade-
related infrastructure to facilitate import and export of goods aimed at making India a
global trading hub.
2. The setting up of offshore banking units and units in an international financial service
centre in SEZs.
3. The public private participation in infrastructure development.
4. The setting up of a “SEZ authority” in each central government SEZ for developing
new infrastructure and strengthening the existing one.
Fiscal Benefits
Chapter 6 of the SEZ Act of 2005 deals with the special fiscal provisions for SEZs. On the
basis of this chapter, the available benefits are as follows:-
Income tax exemption for ten years (in a block of 15 years) from the date of
commencement of operations. Entire profits from developing SEZs are eligible for tax
concession. The developers have to choose their block period of 10 years.
Exemption from payment of Minimum Alternate Tax (MAT).
Developers are exempted from paying taxes on dividend declared out of the current
income.
Exemption from payment of service tax on taxable services provided to a developer.
Sales taxes are not charged on sale or purchase of goods (other than newspapers) by
developers.
Income tax exemption on 100% export profits for the first five years from the date of
commencement of production, 50% of profits for the next five years, and finally,
deduction up to 50% of the ploughed back export profits for another five years.
Offshore banking units (OBUs) in the SEZs are allowed complete tax holidays. 100%
exemption is permitted for the first five years and 50% for the next five years.
No taxes are imposed on interest income received by a non-resident on a deposit made
in an OBU situated in an SEZ.
No taxes are imposed on OBU for interest paid on deposits to non-residents, as well as
on those for borrowings by non-residents.
Units are exempt from payment of taxes on capital gains during transfer of assets
involved in shifting from urban areas to SEZs. However, such exemption requires that
one year or before, or three years after the transfer
o Machinery/ plant was purchased for operations in SEZ
o Building or land was acquired or constructed in the SEZ
o The original asset was shifted and the establishment was transferred to the
SEZ
o Other expenses as indicated by the Central Government were notified.
Exemption from paying of service tax.
Exemption from securities transaction tax (STT) on transaction of taxable securities
entered into by non-residents through the International Financial Services Centre.
Exemption from customs duty on goods imported by units for authorized operations.
Exemption from payment of central excise on all goods purchased from the DTA.
Exemption from payment of sales taxes.
FDI under the ‘automated’ route, that is, the route which does not require foreign investors to
take prior permission for investing in India, is allowed up to 100% for developing SEZs and
FTWZs. The guidelines for FDI in townships, housing and construction-development projects
in India are prescribed in Press Note no. 2 issued by Department of Industrial Policy and
Promotion (DIPP), ministry of Commerce and Industry, Government of India, on 3 March
2005. As a result, the appeal of SEZs has increased that much more for prospective investors.
As far as units in SEZs are concerned, foreign investors are eyeing these needs to apply to the
Development Commissioner of the concerned zone. In most cases, these are likely to qualify
under the automatic approval route, unless they attract compulsory licensing or are
incompatible with the location norms.
On 2nd July 2007, The RBI has come out with clear instructions mentioning that for setting up
branch offices or new units in SEZs, it is not necessary for foreign investors to take prior
permission. In a decision that enables SEZ units to dig into capital markets for mobilizing
resources, they have been permitted to issue equity shares to non-residents against import of
capital goods. On a purely ‘stand alone’ basis these units can enter into contracts in
commodity exchange markets with the objective of hedging against price risks. And
according to regulation 6A of the Foreign Exchange Management Act (FEMA), SEZ units
can open, hold and maintain foreign currency accounts with authorized dealers (AD) of
foreign exchange. There are two main restrictive provisions on the operations of the account.
First, no foreign exchange purchased in India against Rupees can be credited to the account
without the approval of the RBI. Second, the funds will not be lent to any equity resident in
India that is not a unit in SEZ.
There has been no Cost-Benefit analysis conducted for SEZ projects or assessment of
economic losses as a result of diversion of agricultural land to non-agricultural purposes and
resultant impacts on local livelihoods.
SEZs will not create employment for local population but will lead to distress migration of
locals since the jobs created will need education and skill levels unreachable for most of the
people. Therefore the communities such as those of the fisher folks, farmers, landless
labourers, women, Dalits and other marginalized will remain untouched by all new
employment opportunities arising out of the SEZs.
The SEZs are but creation of –‘Real Estate Zones’ to compliment the rich and elite in
country. As per the SEZ Act, only 35% land would be for industrial set up while the
remaining would be for other non-industrial purposes. Rest of the land could be left to
develop recreation centers and housing etc.
The Finance Minister himself has consistently raised the issue of loss of taxes stating that we
will loose almost 1, 00,000 Crore due to tax sops offered to SEZs. (TOI, 25 August 2006).
th
Under the SEZ Act (Section 26 to 30) and SEZ rules, excessive Tax and Tariff concessions
are being given to companies for a consecutive period of 15 years. This would increase the
The status of deemed foreign territory to SEZs will encroach upon the rights of the local self
governments like Gram Panchayats’ and will be violation of the 73rd Constitutional
Amendment.
The SEZ Act is taking away this power back to the center and bureaucracy (by creating
‘Board of Approvals’ and ‘Development Commissioner’ and ‘SEZ Authority’, the most
powerful in SEZs), the accountability of whose is not certain.
The fact that the SEZs would have their own regulations, the rights for environmental and
labour related clearances, security arrangements, which actually means that they would be
‘self contained privatized autonomous entities’. This is against the Indian Constitution and
nationhood.
In India 93.2% of total work force still comes under the unorganized sector.
Liberalizing of labour laws under SEZ Act (Section Sec.49) would adversely impact the
social security and livelihoods of this large labour force. This would only worsen the
condition of labour in our country further.
The performance of SEZs is improving a lot as from the past. As Indian SEZ policy has been
introduced in 2001, the potential of SEZs in India is still to be discovered. The exports from
SEZ grew by 16.4% from 2001-2004. In the same period the total exports in India grew by
12.1%.
The export from SEZs in the year 2003-2004 was Rs. 13854 Crore and in the 2004-2005, it
went up to Rs. 18314 crore i.e. it grew at 39%. The most important fact to notice is that the
export from SEZs grew by 381% from 2003-2004 to 2007-2008. Interestingly, in the year
2007-2008, the export went to Rs. 66638 crore from Rs. 34615 in 2006-2007 i.e. it grew at
92% from the previous year.
In the year 2003 – 2004, the contribution of SEZs in country’s total export was 4.72% and in
the next year, it just increased to 4.88%. The biggest increment was seen in the 2007 – 2008.
In that year the contributions of SEZs were around 10.16%, which shows that the
contributions of SEZs are increasing.
The total direct employment in Special Economic Zones as of 30th June 2008 is 349203 lakh
persons. The total incremental employment generated in SEZs since Feb., 2006 is 214499
The total private investment in Special Economic Zones as of 30th June 2008 is Rs. 81093
crore out of which Rs. 77058 crore is the incremental investment since Feb., 2006. The
investment in notified SEZs is Rs. 73348 crore and the investment in private/ state
government SEZs which came into force prior to SEZ Act, 2005 is Rs. 3701.91 crore whereas
Rs. 4043.28 crore is the investment in 7 SEZs established by the Central Government.
• Guangdong Province
• Fujian Province
• Hainan Province
• Hunchun
• Pudong Development Zone(Shanghai)
China’s opening has not been easy. It’s prudent choice of location, careful personnel and
economic arrangements, local reform initiatives and leadership helped ensure the success of
these SEZs. Chinese economic reformers’ key political challenge in setting up SEZs was to
engineer a successful start of reform in localities. They understood that if a major area or SEZ
conducting experimental reforms succeeded, it would encourage other provinces to follow
suit. They also wanted to sum up useful lessons from these experiments. They made careful
location, personnel, and policy arrangements.
First, they picked the provinces and areas with the strongest local political, economic, and
social backings, a premium geographic location and the best external economic links to start
the reform experiment. Between the two provinces that hosted the earliest SEZs, Guangdong
was close to Hong Kong and Fujian to Taiwan. Both provinces had a large number of
families whose relatives lived and worked overseas. These provinces had a long recent
history of foreign economic contact and domestic commerce. Finally, the two provinces,
especially Guangdong, had open-minded local leaders and population who would be
receptive to opening up and commerce.
Second, national reformists headed by Deng shrewdly staffed Guangdong with committed
liberals and experienced politicians for distinct purposes. Between late 1978 and late 1980,
Deng sent Xi Zhongxun, an outspoken and liberal veteran, to cleanse the Maoist influence in
Guangdong. As the cleanup mission ended, Deng replaced Xi with the moderate,
The Guangdong leaders, with the backing of national reformists, also picked able reformists
to lead the major SEZs. Wu Nansheng, an open-minded provincial party secretary, briefly
served as the leader of Shenzhen SEZ. Liang Xiang, a Guangdong native with high seniority
in the province and strong ties with Premier Zhao, succeeded him. His determined, decisive,
effective and brisk working style proved critical in rapidly transforming Shenzhen from a
rural backwater into a thriving industrial and trading base and a premier laboratory for the
earliest reform in the nation. A bold and liberal leader, Liang Guangda, also headed the
Zhuhai SEZ.
Third, the central government also granted Guangdong and Fujian privileges in economic
reform. Until April 1984 the four SEZs enjoyed the exclusive right to host foreign enterprises,
various preferential treatments for foreign enterprises, and free market prices. Similarly, SEZs
enjoyed a low fiscal remittance rate and unparalleled leeway in reforming systems of prices,
employment, and circulation of goods. These “particularistic concessions” provided policy
space, fiscal incentives, and insurance for reform experiments in the two provinces.
Fourth, local initiatives helped stimulate local growth in SEZs. As stated, from the early years
on, the Shenzhen authority eagerly attracted talented people by offering high pay and good
welfare. It also wisely used bank loans to rapidly develop urban infrastructure in the largely
rural city. It improved governmental efficiency, reformed political and economic institutions,
and helped foreign investors to make high profits. Through these measures the city attracted
talent, foreign capital, and domestic entrepreneurs to the SEZ, and generated rapid
development.
These clever arrangements helped reforms and the Open Policy to take off in Guangdong and
Shenzhen. In fifteen years, Guangdong became the largest provincial economy, whereas
Shenzhen emerged as the most dynamic metropolis with the highest per capita GDP and the
largest foreign trade volume in China. The meteoric rise of Guangdong and Shenzhen
demonstrated to all the other provinces that reform and opening did pay off. This set off their
demands for their own SEZs and reform experiments. Economic reforms thus spread across
the provinces.
Only proper arrangements could motivate local efforts to promote reform, opening, and
development. National administrative and economic arrangements helped lay an institutional
foundation for the operation and development of SEZs. Given the institutional structure, the
Chinese did a good job of sustaining national institutional linkages with SEZs, while
providing considerable economic incentives and leeway for local authorities to press ahead
with experimentation in local reform and development.
Administrative Arrangements
In September 1979 the Guangdong Party Committee decided to upgrade the administrative
rank of Shenzhen and Zhuhai from counties to cities separately listed in the province’s
economic planning. In November both cities were made municipalities under the direct
jurisdiction of the province (MDJP). In June 1982, the State Council under Zhao’s leadership
created a Special Economic Zones Affairs Office (SEZAO). The office was led by Premier
Zhao and Vice Premier Gu Mu. Hence Shenzhen, along with other SEZs, could communicate
directly with the office while also earning the support of leaders of their home province.
During 1981 and 1982, the government of Shenzhen was downsized and its structure and
organization streamlined. First, oversized bureaucracy was trimmed. By early 1982 the
number of party and governmental officials in the zones was cut by 65 percent and the
number of vice-mayors dropped from seven to three. Second, the SEZ and non-SEZ portion
of Shenzhen were clearly distinguished. Third, three new offices responsible for economic
policies in the SEZ were placed under the jurisdiction of the Mayor’s Office: the General
Office of the city government, the SEZ Development Company, and the SEZ Construction
Company. These changes installed the predominant control of the mayor (who was also the
party secretary) over the course of the city’s development. This centralized and efficient
Economic Arrangements
SEZs enjoyed a number of special policies until April 1984. First, joint ventures and foreign-
owned enterprises were allowed in the SEZs, but needed special approval outside them.
Second, prices and distribution of goods were regulated by the market within the SEZs, but
by central plans outside the zones. Third, SEZs had jurisdiction in approving much larger
investment projects than non-zone localities. Fourth, SEZs enjoyed preferential treatment in
tax and tariff reductions and exemptions. For example, the corporate income tax at the SEZs
was set at a preferential rate of 15 percent, even lower than the 18.5 percent in Hong Kong.
Finally, SEZs were granted preferential fiscal arrangements. For example, according to
national and provincial provisions, Shenzhen did not have to remit revenue to the national
and provincial governments until 1989, nor would the province and Beijing provide subsidies.
Fiscal autonomy generated tremendous fiscal incentives and exerted heavy pressure for
Shenzhen to reform and develops. These privileges enabled investors to enjoy the lowest
corporate income tax rates and tariffs on imports and exports, as well as a freer play of
markets in SEZs. SEZs become the premier place in China for attracting FDI.
SEZs also undertook initiatives to prepare the zones for operation and for investors. In
Shenzhen, Liang confronted a severe shortage in qualified talent and office floor space. This
was not surprising as the city was largely rural when an area inside the city was designated as
the first SEZ in China. To overcome the problem, Liang promised spacious apartments,
generous wages, and easy urban residency to attract talent. He sent head hunters around the
nation to recruit qualified professionals and workers. From 1979 to 1983, the number of
engineers grew from two to 732. Meanwhile, the average age of cadres declined from 43 to
37, and the share of college-educated cadres rose from 8 percent to 21 percent.
In addition, Shenzhen was short of funds necessary for building streets and urban
infrastructure. The city solved the problem by borrowing bank loans, investing in urban
infrastructure such as roads, power, water, telephone, and sewage in new districts, and
charging rental on land use. It also reinvested earnings and loans in new urban developmental
projects. Within four years, the city accomplished urban development worth 100 million
Yuan with only 18 million Yuan of loans. It built two industrial districts as well as fifty-five
streets of a total length of 100 kilometres.
More importantly, Shenzhen became the experimental zone with the earliest and boldest
economic reforms in the nation. The city carried out the nation’s first price reform in 1981. It
implemented the first labour contract system among all enterprises and public and social
institutions in 1982. In 1983 the Shenzhen SEZ introduced social labour insurance for
employees in labour contracts as well as a wage reform. In 1984, the wage reform also
covered employees of governmental agencies and public institutions. In 1982, the first foreign
bank in China was set up in Shenzhen; in 1985 China’s first foreign exchange redistribution
centre opened there.
Liang also tried to help foreign firms in Shenzhen SEZ reap high profits, thereby attracting
more foreign enterprises to the SEZ. For this aim, the governmental agency reduced taxes and
land use fees, lowered wage standards, and streamlined administrative approval procedures
for foreign enterprises. In the same year a survey of 148 China-foreign joint ventures and
foreign owned enterprises found that 80 percent of them made a profit and that their profit
rate exceeded 20 percent. Liang also tried to expand the level of technology and the scale of
production of foreign enterprises. In the first couple of years of the SEZ, the city had only
been able to attract small and medium size foreign businesses, mainly in processing,
assembly, and compensatory trade. A few years later, the city started to attract technology-
and knowledge-intensive foreign businesses. Shenzhen’s investment environment impressed
Fortune Institute of International Business Page 50
a manager of a large Hong Kong power station company in 1982 as well as a Japanese
delegation sent by the Japanese prime minister in 1984. As the favourable impression of the
SEZ became known, investors from fifty countries and areas other than Hong Kong also
arrived in Shenzhen.
Favourable institutional setups, bold and sound local initiatives, and steadfast support from
local and national leaders thus helped contribute to a rapid improvement in the economic
conditions of SEZs, especially in Shenzhen. The investment in infrastructure in the city grew
from 50 million Yuan in 1979 to 2,760 million Yuan in 1985. Meanwhile, the actual foreign
investment in the city grew from $15 million to $180 million, with over 60 percent of the
total from the SEZ. Shenzhen’s achievement in the early years stands up well against other
export-processing zones (EPZs) in the region. Taiwan’s zones, which were regarded as
among the most successful in the world, rarely saw its foreign investment double on a year-
to-year basis. In contrast, actual foreign investment in Shenzhen grew by eleven fold in five
years. In the first five years, the Bataan DPZ in the Philippines attracted $128.8 million in
foreign investment and the Masan EPZ in South Korea $88.5 million. In its first four years
and by 1982, Shenzhen attracted $234 million.
Driven by miraculously fast expansion of investment, the economy of Shenzhen grew rapidly.
Between 1979 and 1985 the gross value of industrial and agricultural output (GVIAO) of the
city grew fifteen fold from 175 million Yuan to 2,862 million Yuan, and that of the SEZ by
forty-six fold from 50 million Yuan to 2,368 million Yuan. In this period the SEZ increased
its share in the city’s GVIAO from 29 percent to 83 percent. Thus the SEZ had become the
predominant growth engine of Shenzhen’s economy. The rapid development of Shenzhen
continued in the following decades. Each year between 1980 and 2004, the gross domestic
product (GDP) of the city grew by 28 percent and per capita GDP by 14 percent. This growth,
the highest among the Chinese metropolises, was driven by three engines— investment, as
fixed assets grew at 35 percent a year; domestic consumption, as retail sales grew by 30
percent a year; and exports, which grew 38 percent a year. By 2004, the city’s GDP reached
Y342 billion, and its GDP per capita of Y 59,271 was the highest in China. Its exports
amounted to $77.8 billion, the highest among the nation’s cities; and its actual FDI amounted
to $2.4 billion, among the top tiers in the Chinese cities.
Among the first four SEZs, Shenzhen has been the most successful. The reasons are as
follows. First, Shenzhen’s location and external trading environment is the most
advantageous. It is located close to Hong Kong and is connected to Hong Kong by rail. Hong
Kong government and business also support close economic linkage with Guangdong. Even
though Xiamen is the closest to Taiwan among all Chinese cities, the Taiwan government
restricts economic integration with the mainland. Second, Shenzhen has the largest area
among the four SEZs—2.5 times as large as the second-largest SEZ (Xiamen), and over 20
times as large as the smallest SEZ (Zhuhai). Third, as described, leaders of Shenzhen made
the best efforts to improve the investment environment and attract FDI.
Over the years, the sectoral composition, technical content, and ownership of foreign
investment in Shenzhen have also changed. In 1981, pledged foreign investment was
predominantly in real estate (40.8 percent of the total), tourism (29.2 percent), and
secondarily industry (16.9 percent). In the following years, investment into manufacturing
soared. By the end of 1991, 80 percent of the cumulative sum of foreign investment contracts
went into manufacturing. In 1996, 86.6 percent of the foreign investment contracts remained
in the secondary sector, and only 12.4 percent went into the tertiary sector. By 2001, the
former SEZs and Foreign Investment in China 85 share declined to 69.2 percent whereas the
latter increased to 30.6 percent. By 2004, the latter went up to 44 percent.
The technical content of exports in Shenzhen has also improved over the decades. In the
1980s manufactured exports of the city were mostly low-tech and labour intensive. As late as
Fortune Institute of International Business Page 52
1991, only 2.8 percent of the value of the city’s manufactured exports was high-tech.
Between 1991 and 2003, high-tech manufactured exports grew by 34 percent a year. By 2004
they amounted to $30.6 billion and accounted for 51.2 percent of the manufactured exports.
In particular, the share of electronics and information products in high-tech manufactured
exports grew from 53 percent in 1997 to 98 percent in 2003.
Meanwhile, the number of foreign enterprises by contract grew from 139 in 1983 to 16,889 in
2004. In 1983 foreign enterprises assumed the form of primarily joint equity, secondarily
joint management, and next wholly foreign-owned. By 2004, foreign enterprises were
primarily wholly foreign-owned and secondarily joint equity, and only a minority of them
assumed the form of joint management.
The change in the ownership of foreign investment is a natural outcome of foreign business.
As years pass, foreign investors usually seek to obtain a larger say in the operation and
management of their ventures. Foreign ownership or joint equity, instead of joint
management, becomes a more-preferred form of enterprise. The change in the sectoral
composition of foreign investment and technological composition of exports result both from
natural upgrading of foreign investment and government encouragement.
China India
Number 7 Above 500
When Started 1980 Mostly after 1991
Democratic Lot of discussion and No discussion. Parliament passed the law
Decision- debate preceded setting easily
Making? up of SEZs
Size Very large (Shenzhen: Small (3 – 14,000 hectares)
32,700 hectares)
Ownership State Private corporations
Kind of Land Mostly coastal Mostly fertile cultivated land
wasteland
Exports Very good (Shenzhen: Poor so far (In 1998, a waiver of $1.67
Net exports 2006: $35 billion on customs duties was given to
billion) earn $1.04 billion in foreign exchange)
Conclusion
On the basis of economic theory and history we can conclude that absorption of agricultural
labour is necessary for sustained economic development of a developing country. “Special
Economic Zones” constitute a medium for such sustenance. However, the SEZ policy in India
Fortune Institute of International Business Page 54
has suffered from permission being granted for far too many sub-optimized SEZs. The
present ceiling on SEZ size at 5000 hectares does not facilitate the full exploitation of
economies of scale in service oriented SEZs and should be scrapped. There are other ways of
minimizing peasant unrest during the process of land acquisition for SEZ development.
Employment generation, both direct and indirect, has thus far been the most important
channel, through which SEZs have impacted on human development and poverty reduction in
India. India’s SEZs are not dominated by assembly type operations. ‘Value addition’
component and hence employment generation potential of zones is rather large. Much of this
will be a net addition to employment as investment relocation/diversion in export oriented
production is likely to be limited.
Therefore,
There should be a vision in the design, establishment and operations of the SEZ.
It is necessary to develop zones as industrial clusters of specific products. The
backward linkages would benefit the growth of accessories units as well.
The zones should specialise in terms of economic activities depending on the
availability of human capital, resources and infrastructure in the region. They thus
tend to transform into horizontally-integrated industrial clusters, which include
industries that might share a common market for the end products, use a common
technology or labor force skills, or require similar natural resources. It seems,
therefore, that it would be desirable to develop zones as industrial clusters of specific
products. This may encourage downstream industries also.
Zones in the long run need to give way to industrial clusters of horizontally and
vertically integrated industries in general, high tech industries in particular. This
would not only help to jump-start the manufacturing processes but would also
improve export competitiveness with greater returns.
At present, there is no autonomous authority responsible for the development of zones
and for providing single window clearances in India. The zone administration
functions as a government department office.
Ideally, the SEZs should be managed by autonomous authorities, which should be
constituted under specific Acts and should be assigned the responsibilities to promote
the zones.
Bibliography
http://www.sezindia.nic.in/
http://www.nasscom.org/Nasscom/templates/NormalPage.aspx?id=6157
Annexure
Strengths
Weaknesses
Indian SEZs will have to comply with all Indian labour laws, giving SEZ’s no
advantages on labour flexibility or addressing labour indiscipline (a. ray of
hope may be that the Development Commissioner of the zone, who is
appointed by the Ministry, will double up as the Labour Commissioner, which
could cut the time taken to settle labour disputes);
Unlike India’s Export Processing Zones, which can sell up to 50 per cent of
their exports in the Domestic Tariff Area (DTA) at half the rates of customs
duties, SEZ manufactures can sell in DTA only on payment of full duties. The
ability to sell in the DTA would be an important consideration for many Export-
oriented units/EPZ/SEZ units, as an insurance against downturns in
international markets;
Poor infrastructure;
High cost of capital;
Inadequate institutional support: he continuing lack of integration of the
various departments involved such as customs, sales tax, and environment
and pollution control. Without such integration, single window clearance
schemes for SEZs cannot operate.
Opportunities
Threats
Annexure – 2