The Comptroller and Auditor General of India in its Report for the year 2012-13 on Performance of Special Economic Zones (SEZs) has observed that 47 files were not produced to Audit. On scrutiny it has been found that all the files except five are available in the Department and were made available to the Audit. The remaining five files relating to setting up of Central Government SEZs, which are of 30-50 years old, could not be located. As per record retention schedule of Department of Commerce, the retention period of these files has expired.

 As per Entry No. 18 of the State List in the 7th schedule of the Constitution of India, land is a State subject. Land for SEZs is provided by the concerned State Governments. The Board of Approval (BoA) on SEZs only considers those proposals which have been duly recommended by the State Governments. Since land is a State subject, State Governments are free to frame any law/rule on the subject. If any violation of the SEZ provisions are noticed action is taken under the SEZ laws.

 This information was given by the Minister of State (Independent Charge) in the Ministry of Commerce & Industry Smt. Nirmala Sitharaman in a written reply in Lok Sabha .

Land as a state subject constrains central SEZ land allocation; State recommendation required for SEZ approval. The central SEZ approval process depends on State Government recommendations because land is a State subject, leaving States free to frame laws on land allocation; the BoA considers only State-recommended proposals and central action under SEZ laws addresses observed violations. Additionally, most audit requested SEZ files were produced but five decades old files could not be located and their retention period has expired under the Department's schedule.