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Special Economic Zones

Special Economic Zones. Group 9. 03 Tashween S Ahluwalia 04 Scarlette E Almeida 05 Mihir D Bhammar 09 Sumitra A Cardoz 10 Anshul Chadha 50 Sandip Saha 53 Mita V Shah. Road Map. Introduction Areas of operation in SEZ Incentives Problems SEZ act 2005 Case study - Reliance.

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Special Economic Zones

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  1. Special Economic Zones

  2. Group 9 03 Tashween S Ahluwalia 04 Scarlette E Almeida 05 Mihir D Bhammar 09 Sumitra A Cardoz 10 Anshul Chadha 50 Sandip Saha 53 Mita V Shah

  3. Road Map • Introduction • Areas of operation in SEZ • Incentives • Problems • SEZ act 2005 • Case study - Reliance

  4. Introduction

  5. Basic motto • To provide internationally competitive and hassle free environment for exports. • Make the domestic enterprises and manufacturers globally competitive. • Attract foreign investment • Development of infrastructure • Create job opportunities

  6. Who can set up SEZ?

  7. Areas of operations in SEZ Processing Area Is that area in an SEZ where units can be located for the manufacture of goods or rendering of services. Non-Processing Area Is that area which is intended to provide supporting facilities to the SEZ processing area activities.

  8. Fiscal Incentives

  9. Other incentives

  10. Problems faced due to SEZ • Large scale acquisition of land takes place which results in displacement of farmers. • Lack of cultivable land • Free trade creates a “race to the bottom” • Revenue loss to the government

  11. Laws applicable to SEZ

  12. Lawsapplicable to SEZ • An Act to provide for the establishment, development and management of the Special Economic Zones for the promotion of exports and for matters connected herewith or incidental thereto. • In exercise of the powers conferred by section 55 of the Special Economic Zones Act, 2005 (28 of 2005), the Central Government promulgated the SEZ Rules, 2006 vide Gazette Notification No.GSR 54 (E) dated 10 February, 2006.

  13. Special Economic Zones Act,2005

  14. Special Economic Zones Rules, 2006

  15. Special Economic Zones Rules, 2006

  16. Overriding Effect (Section 51 of Special Economic Zones Act,2005) • The provisions of the Special Economic Zones Act ,2005 shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act • This was emphasized in the Instruction Number 6/2006 dated 03/08/2006 issued by SEZ Section Department of commerce

  17. Certain Provisions not to Apply to SEZ After introduction of Special Economic Zones Rules,2006 following are not applicable to SEZ • Chapter X-A Of The Customs Act, 1962 • Special Economic Zones (Customs Procedure) Regulations, 2003 • Special Economic Zones Rules,2003 Section 52 states that these will be withdrawn by issue of Notification. Notification No SO 320(E) Dated 14/03/2006

  18. Administrative set up for SEZs

  19. Administrative set up for SEZs • Board of approval is apex body in department • Each Zone is headed by Development Commissioner who is also heading approval committee • Approval Committee at the Zonal Level dealing with approval of units in SEZ and other related issues

  20. Board of approval • Board has the duty to promote and ensure orderly development of SEZ • Special secretary to Government of India in Ministry of Commerce and industry, Department of Commerce is chairperson of Board • It consists of 18 members and a nominee of each state government concerned ( Notification No SO(195(E) dated 10/02/2006 and 314(E) dated 13/03/2006)

  21. Development Commissioner • The Central Government may appoint any of its officers not below the rank of Deputy Secretary to the Government of India as the Development Commissioner of one or more Special Economic Zones.-Sec 11 of Special Economic Zones Act ,2005 • Every Development Commissioner shall take all steps in order to discharge his functions under this Act to ensure speedy development of the Special Economic Zone and promotion of exports there from.-Sec 12(1) of Special Economic Zones Act ,2005

  22. Approval Committee • Every SEZ has one approval committee • Approval Committee has 9 members • Development commissioner is Chairperson of Approval Committee

  23. Major functions of approval committee-Sec 14(1) • Approve the import or procurement of goods from the Domestic Tariff Area, in the SEZ for carrying on the authorised operations by a Developer • Approve the providing of services by a service provider, from outside India, or from the Domestic Tariff Area, for carrying on the authorised operations by the Developer, in the SEZ • Monitor the utilisation of goods or services or warehousing or trading in the SEZ • Approve, modify or reject proposals for setting up Units for manufacturing or rendering services or warehousing trading in the SEZ

  24. Monitoring of performance

  25. Performance reports- Rule 22(3) and (4) • The unit shall submit Annual performance reports in Form I to the development commissioner • The Developer shall submit Quarterly Report on import and procurement of goods from the Domestic Tariff Area, utilization of the same and the stock in hand, in Form E to the Development Commissioner and the Specified Officer Development Commissioner shall place both Form I and E before the Approval Committee

  26. Monitoring of performance • Performance of the Unit shall be monitored by the Approval Committee as per the guidelines given in Annexure appended to the rules. • In case the Approval Committee come to the conclusion that a Unit has not achieved positive Net Foreign Exchange Earning failed to abide by any of the terms and conditions of the Letter of Approval or Bond-cum-Legal Undertaking • The said Unit shall be liable for penal action under the provisions of the Foreign Trade (Development and Regulation) Act, 1992 ( Rule 54 of SEZ Rules 2006)

  27. GUIDELINES FOR ANNUAL MONITORING OF PERFORMANCE OF UNITS.(Annexure I of SEZ Rules, 2006)

  28. CRITERIA FOR ANNUAL MONITORING (Annexure I of SEZ Rules, 2006)

  29. Case study

  30. Reliance SEZ in Navi Mumbai • 111 formal approvals in Maharashtra with 36 in principle approvals & 55 notified. • MMSEZ • Navi Mumbai- Uran, Pen, Panvel,40 kms from Mumbai • Reliance group – 14000 hectares of land .. Affecting 45 villages. “size of jharkand” • Investment of 40000 crore & job for 20 lakh ppl • Setting up international business centre

  31. Socio Economic Profile • Agricultural Community (OBC,ST,SC) • Do not own land, depend heavily on sea or forest area • Infrastructure – roads, telephone, Electric Supply • Higher Secondary Colleges in Funde, Uran Panvel • Health case sub- centers • Water supply connectivity

  32. Socio Economic Profile • Lack of technical know – how.. Skills of general nature • Mahila Mandals, Youth clubs – asset based. • Villagers carry out traditional occupations- fishery, share coppers etc • Per capita Rs.150 to 175 per day • Port – JNPT , Gauthan scheme

  33. Problems • Cheated by the government – JNPT allocation • Fertile land • Technical Knowledge – permanent jobs • Muscle Power • Land less community • Dependence on sea & forest • Low level jobs • Depletion of Natural resources • Not mandatory for permanent jobs - compensation

  34. History of Resistance • MMSEZ – Virodhi Sangrash Samiti: Vijay Sonawane & Justice Sawant • Panchokis khar Bhumi Kheti Bachao Samiti: Kiran Mhatre • Mumbai Shetakari Sangharsh Samiti • Sarvahara Jan Andolan • Hetavance Project

  35. Elections held in villages • Interviews • Eye wash • PIL filed in SC • Stalled the process

  36. Fact Sheet on Special Economic Zones

  37. Fact Sheet on Special Economic Zones

  38. Before SEZ After SEZ

  39. Reference • http://www.scribd.com/doc/6174156/Sez-Problems-and-Cons • http://www.sezindiainvest.com • http://www.sezindia.nic.in • http://www.youtube.com/watch?v=M6bnf3Pcv0c

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