Frequently Asked Questions

What is the obligation of the Unit under the Scheme?

    •    SEZ units have to achieve positive net foreign exchange earning as per the formula given in paragraph Appendix 14-II (para 12.1) of Handbook of Procedures, Vol.1. For this purpose, a Legal Undertaking is required to be executed by the unit with the Development Commissioner.
   •    The units have to provide periodic reports to the Development Commissioner and Zone Customs as provided in Appendix 14-I F of the Handbook of Procedures, Vol.1.
   •    The units are also to execute a bond with the Zone Customs for their operation in the SEZ.
   •    Any company set up with FDI has to be incorporated under the Indian Companies Act with the Registrar of Companies for undertaking Indian operations

What is the approval mechanism for the units ?

All approvals to be given by the Unit Approval Committee headed by the Development Commissioner. Clearance from the Department of Policy and Promotion/Board of Approvals, wherever required will be obtained by the Development Commissioner, before the Letter of Intent is issued.

How to set up a unit in SEZ ?

For setting up a manufacturing, trading or service units in SEZ, 3 copies of project proposal in the format prescribed at Appendix 14-IA of the Handbook of Procedures, Vol.1 to be submitted to the Development Commissioner of the SEZ.

What are the facilities Incentive/ Facilities to SEZ Developer ?

    •    100% FDI allowed for:
   (a) townships with residential, educational and recreational facilities on a case to case basis,
   (b)franchise for basic telephone service in SEZ.
   •    Income Tax benefit under ( 80 IA ) to developers for any block of 10 years in 15 years
   •    Duty free import/domestic procurement of goods for development, operation and maintenance of SEZs.
   •    Exemption from Service Tax /CST.
   •   Income of infrastructure capital fund/co. from investment in SEZ exempt from Income Tax
   •    Investment made by individuals etc in a SEZ co also eligible for exemption u/s 88 of IT Act
   •    Developer permitted to transfer infrastructure facility for operation and maintenance.
   •    Generation, transmission and distribution of power in SEZs allowed
   •    Full freedom in allocation of space and built up area to approved SEZ units on commercial basis.
   •    Authorised to provide and maintain service like water, electricity, security, restaurants and recreation centres on commercial lines.

What is 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.

Are there any terms & conditions for setting up of SEZ ?

    •    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.
   •    Such SEZ shall make security arrangements to fulfill all the requirements of the laws, rules and procedures applicable to such SEZ.
   •    The SEZ should have a minimum area of 1000 hectares and at least 25 % of thye area is to be earmarked for developing industrial area for setting up of units.
   •    Minimum area of 1000 hectares will not be applicable to product specific and port/airport based SEZs .
   •    Wherever the SEZs are landlocked, an Inland Container Depot (ICD) will be an integral part of SEZs.

Detailed guidelines on setting up of SEZ in the Private/Joint/State Sector is given in Appendix 14-II.N of Handbook of Procedures Volume I.

How can one apply for setting up of SEZs ?

15 copies of application, indicating name and address of the applicant, status of the promoter along with a project report covering the following particulars may be submitted to the Chief Secretary of the State:

   •    Location of the proposed Zone with details of existing infrastructure and that proposed to be established;
   •    Its area, distance from the nearest sea port / airport / rail / road head etc.
   •    Financial details, including investment proposed, mode of financing and viability of the project.
   •    Details of foreign equity and repatriation of dividends etc., if any
   •    Whether the Zone will allow only certain specific industries or will be a multi-product Zone.

The State Government shall, forward it along with their commitment to the following to the Department of Commerce, Government of India:

   •    That area incorporated in the proposed Special Economic Zone is free from environmental restrictions;
   •    That water, electricity and other services would be provided as required;
   •    That the units would be given full exemption in electricity duty and tax on sale of electricity for self generated and purchased power;
   •    To allow generation, transmission and distribution of power within SEZ;
   •    To exempt from State sales tax, octroi, mandi tax, turnover tax and any other duty/cess or levies on the supply of goods from Domestic Tariff Area to SEZ units;
   •    That for units inside the Zone, the powers under the Industrial Disputes Act and other related labour Acts would be delegated to the Development Commissioner and that the units will be declared as a Public Utility Service under Industrial Disputes Act.
   •    That single point clearances system and minimum inspections requirement under State Laws/Rules would be provided.

The proposal incorporating the commitments of the State Government will be considered by an Inter-Ministerial Committee in the Department of Commerce. On acceptance of the proposal, a letter of permission will be issued to the applicant

Can Foreign Companies set up SEZs ?

Yes

Who can set up SEZs?

Any private/public/joint sector or State Government or its agencies can set up Special Economic Zone (SEZ).

Where in India SEZs are located ?

At present there eight functional Special Economic Zones located at Santa Cruz (Maharashtra), Cochin (Kerala), Kandla and Surat (Gujarat), Chennai (Tamil Nadu), Visakhapatnam (Andhra Pradesh), Falta (West Bengal) and Nodia (Uttar Pradesh) in India. Further a Special Economic Zone at Indore (Madhya Pradesh) is now ready for operation.

In addition 18 approvals have been given for setting up of SEZ at Positra (Gujarat), Navi Mumbai and Kopata (Maharashtra), Nanguneri (Tamil Nadu), Kulpi and Salt Lake (West Bengal), Paradeep and Gopalpur (Orissa), Bhadohi, Kanpur, Moradabad and Greater Noida (U.P.), Vishakhapatnam and Kakinada (Andhra Pradesh), Vallarpadam/Puthuvypeen (Kerala) Hassan ( Karnataka), Jaipur and Jodhpur ( Rajasthan) on the basis of proposals received from the State Governments.