In exercise of powers conferred under paragraph 2.4 of the Export and Import Policy, 2002-07, the Director Ge…

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CHAPTER—2

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

GENERAL PROVISIONS REGARDING EXPORTS

AND IMPORTS

PUBLIC NOTICE

New Delhi, the 31 st March, 2002

No. 1/2002—2007

F. No. 01/94/180/EXIMPolicy/AM03/PC-IV.—In exercise of powers conferred under paragraph 2.4 of the Export and Import Policy, 2002—07, the Director General of Foreign Trade hereby notifies the Handbook of Procedures (Vol. 1) as contained in Annexiire to this Public Notice. This shall come into force from 1st April, 2002.

This issues in public interest.

N. L. LAKHANPAL, Director General of Foreign Trade and Ex-officio Secy.

ANNEXURE

2.1 Policy:-— The Policy relating to the general provisions regarding exports and imports is given in Chapter—2 of the Policy.

2.2 Countries of Imports/Exports:-— Unless otherwise specifically provided, import/ export will be valid from/to any country except Iraq. However, there shall be no ban on the export of items to Iraq or import of items from Iraq in case where the prior approval of the concerned sanctions committee of the United Nation's Security Council has been obtained.

Export of items to Libya as listed out in Appendix-31 are prohibited.

HANDBOOK OF PROCEDURES

(VOL.1)

2.3 Application Fee:—- Unless otherwise exempted, specified fee shall be paid for making an application under any provision of the Policy and this Handbook. The scale of fee, mode of payment, procedure for refund of fee and the categories of persons exempted from the payment of fee are contained in Appendix-29

(1 ST APRIL, 2002—31 ST MARCH, 2007)

CHAPTER—1

INTRODUCTION

1.1 Notification:— In exercise of the powers conferred under Section 5 of the Foreign Trade (Development and Regulation) Act. 1992 (No. 22 or 1992) the Central Government has notified on 31"' March, 2002, the Export and Import Policy for the period 2002-2007 (hereinafter referred (o as the Policy).

In pursuance of the provisions of paragraph 2-.4 of Ihc Policy, the Director General of Foreign Trade hereby notifies the compilation known as Handbook of Procedures (Vol.1). Handbook of Procedures (Vol 2) and Schedule of DEPB rales. These compilations, as amended from time to time, shall remain in force until 31st March, 2007 1.2 Objective:—The objective of this Handbook is to implement ihc provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders made thereunder and the Export and Import Policy (2002-07) by laying down simple, transparent and EDI (Electronic Data Interchange) amenable procedures which arc'easy to comply with and administer for efficacious management of foreign trade.

1.3 Definition:—For Ihc purpose ofthis Handbook, Ihc definitions contained in Ihc Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders made thereunder and the Export and Import Policy (2002-07) shall apply.

2.4 Territorial Jurisdiction of Licensing Authorities:—Every application, unless otherwise specified, shall be submitted to the licensing authority concerned, as per Ihe territorial jurisdiction of the licensing authorities indicated in Appendix-24

2.5 Filing of Application:— Every application for an import/export licence/ certificate/permission or any other purpose should be complete in all respects as required under the relevant provisions of the Policy/Procedures and shall be signed by the applicant as defined in paragraph 9.9 of the Policy. An incomplete application is liable to be rejected giving specific reason for rejection.

2.6 Profile of Importer/ Exporter—Each importer/ exporter shall be required to file importer/ exporter profile once with the licensing authority in the form given in Appendix-2. Licensing authority shall enter the information furnished in Appendix-2 in their database so as to dispense with the need for asking the repetitive information, In case of any change in the information given in Appendix-2, importer/exporter shall intimate the same to the licensing authority.

2.7 Self Addressed Stamped Envelope—The applicant shall furnish a self addressed envelope of 40* 15 cm with postal stamp affixed on the envelope as follows for all documents required to be sent by Speed Post:—

(a) Within local area Rs. 20.00 (b) Up to 200 Kins. Rs. 25.00 (c) Between 200 to 1000 Kins Rs. 30.00 (d) Beyond 1000 Kms. Rs. 50.00 124 THE GAZETTE OF INDIA : EXTRAORDINARY JPAHTI—SECJ]1 2 3 5. 0100000053 2.8 IEC No. Exempted Categories:—Thcfollowing categories of importers or exporters are exempted from obtaining Importer - Exporter Code (IEC) number: (i) Importers covered by clause 3(1) [except sub-clauses (e) and (1)] and exporters- covered by clause 3(2) [except sub- clauses (i) and (k)] of the Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993.

(if) Mini stries/Departments of the Central or a State Government.

(Mi) Persons importing or exporting goods for their personal use not connected with trade or manufacture or agriculture.

(iv) Persons importing/exporting goods from/to Nepal provided the CIF value of a single consignment does not exceed Indian Rs, 25,000.

(v) Persons importing/exporting goods from/to Myanmar through Indo- Myanmar border areas provided the CIF value of a single consignment does not exceed Indian Rs. 25,000.

However, the exemption from obtaining Importer- Exporter Code (IEC) number shall not be applicable for the. export of Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) as listed in Appendix- 3, Schedule 2 of the ITC(HS) except in the case of exports by category(ii) above.

(vi) The following permanent IEC numbers shall be used by the categories of importers/exporters mentioned against them for import/export purposes.

Code Number

Categories of Importers/ Exporters

No. 1

1. 0100000011 All Ministries/Departments of the Central Government and agencies wholly orpartially ownedby them.

0100000029

All Ministries/Departments of the State Government and agencies wholly orpartially ownedby them 0100000037

Diplomatic personnel, Counselor officers in India and the officials, of the UNO and its specialised agencies.

4. 010(XX)0045 Indians returning from/going abroad and claiming benefit under the Baggage Rules,

Persons/Institutions/Hospitals imparting or exporting goods for their personnel use not connected with trade or manufacture or agriculture.

6, 0100000061 Persons importing/exporting goods from/ to Nepal provided the CIF value of a single consignment does not exceed Indian Rupees 25000/-.

7. 0100000070 Persons importing/exporting goods from/to Myanmar through Indo-Myanmar border areas provided the CIF value of a single consignment does not exceed Indian Rupees 25000/-.

8. 0100000088 Ford Foundation

9. 0.100000096 Importers importing goods for display or use in fairs/exhibitions or similar events under the provisions of ATA carnet.

10. 0100000100 Director, National Blood Group Reference Laboratory, Bombay or their authorised offices.

0100000126

11.

I n d i v i d u a l s / C h a r i t a b le Institutions/Registered NGOs importing goods, which have been exempted from Customs duty under the Notification issued by Ministry of Finance forbonafide use by the victims affected by natural calamity.

Note Commercial Public Sector Undertaking (PSU) who have obtained PAN will however be required to obtain Importer Exporter Code number. The permanent IEC number as mentioned above, shall be used by non- commercial PSUs.

2.9 Application for Grant of IEC No.:— An application for grant of IEC number shall be made by the Registered/Head Office of the applicant to the licensing authority under whose jurisdiction, the Registered office in case of company and Head office in case of others falls in the form specified in Appendix-3 and shall be accompanied by documents prescribed therein.

2.9.1 IEC Format and Statements;—TheLicensing Authority concerned shall issue an EEC number in the format as given in Appendix-3A. A copy of such IEC number shall be endorsed to the concerned banker (as per the details given in the IEC application form). A consolidated statement of IEC numbers, issued by the125 licensing authority, shall be sent to the Exchange Control Department of the RBI in terms of Appendix-30, as per details given in Appendix-3B.

2.9.2 Validity of IEC No.:— An IEC number allotted to an applicant shall be valid for all its branches/divisions/ units/factories as indicated in the format of IEC given in Appendix-3 A.

Ministry of External Affairs (AMS Section), New Delhi, (ii) Department of Electronics, New Delhi; and (iii) Directorate General of Foreign Trade, New Delhi. However, this import certificate will not be regarded as a substitute for an import licence/certificate/permission in respect of the items mentioned as restricted in 1TC(HS) and an import licence/certificate/ permission will have to be obtained wherever required for such items.

2.9.3 Duplicate Copy of IEC No.:—Where an IEC Number is lost or misplaced, the issuing authority may consider requests for grant of a duplicate copy of IEC number, if accompanied by an FIR and an affidavit.

2.9.4 Surrender of IEC No.:— If an IEC holder does

2.12 Validity of Import Licence/ Certificate/ Permissions/ CCPS:— The validity of import licence/ certificate/ permission from the date of issue of licence/ certificate/ permission shall be as follows:

id 18 months not wish to operate the allotted IEC number, he may surrender the same by informing the issuing authority. On receipt of such intimation, the issuing authority shall immediately cancel the same and electronically transmit it to DGFT for onward transmission to the Customs and RLAs.

0) Advance Licence, DFRC ar Replenishment licence for Gem & Jewellery as per Chapter- 4 of the Policy

24 months

Cu) EPCG licence

(other than spares)

(iii) Spares under EPCG licence Validity of EOperiod

(iv) Others including CCP and 12 months 2.10 Application Form for Import and Export of Restricted Items :—An application for grant of a licence/ certificate/ permission for import or export of items mentioned as restricted in ITC(HS) may be made in the form and to the licensing authorities specified under the relevant chapters of this Handbook

Duty Entitlement Passbook Scheme, unless otherwise specified

(v) Advance Licence for

project/ turnkey project

18 months or Co-terminus with the contracted duration of execution of the project whichever is later.

2.11 Imports under Indo-US Memorandum of Understanding:— Import of specified capital goods, raw materials, components, etc. from the United States of America is subject to US Export Control Regulations. US suppliers of such items are required to obtain an export licence/ certificate/permission based on the import certificate furnished by the Indian importer to the US supplier. The following are the designated Import Certificate Issuing Authorities (ICIA):

C) The Department of Electronics, for import of

computer and computer based systems;

2.12.1 Where the date of expiry of the licence/ certificate/ permission falls before the last day of the month, the licence/certificate/ permission shall be deemed to be valid until the last day of the month. This proviso would be applicable even for a revalidated licence/ certificate/permission,

(ii) The Department of Industrial Policy and Promotion, Technical Support Wing (f SW), for organised sector units registered under it, except for import of computers and computer based systems:

(iii) The Ministry of Defence, for defence related

items;

(iv) The Director General of Foreign Trade for small scale industries and entities not covered above as well as on behalf of any of the above;

2.12.2 The period of validity means the period for shipment/ dispatch of goods covered under the licence/ certificate/permission. The validity of an import licence/ certificate/permission is decided with reference to the date of shipment/ dispatch of the goods from the supplying country as given in paragraph 9,11 of this Handbook and not the date of arrival of the goods at an Indian port.

(vt The Embassy of India. Washington, DC, on

behalf of any of the above.

2.12.3 The provisions of paragraph (c) above shall not be applicable to DEPB DEPB which is in the nature of duty credit entitlement must be valid on the date on which actual debit of duty is made. However, where the expiry of DEPB falls before the last day of the month, the DEPB shall be deemed to be valid till the last day of the said month.

A request for an import certificate shall be made in the form given in Appendix-7, The import certificate in the form given in Annexurc to Appendix-7 may be issued by the ICIA directly to the importer with a copy to (i) 126 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SET. 1] 2.13 Revalidation of Import/ Export Licence/ Certificate/Permissions:—The licence/certificate/ permission may be revalidated on merits by the licensing authority concerned, which has issued the licence/ certificate/permission, for a period of six months at a time but not beyond a period of 12 months reckoned from ihe date of expiry of the validity period. However, revalidation of freely transferable licence/ certificate/permissions and stock and sale licence/ certificate/permission shall not be permitted.

An application for revalidation may be made to the licensing authority concerned in the form given in Appendix-1()G. However, in such cases where revalidation of the licence/certificatc/permissions is to be considered by DGFT, the original application alongwith TR7 Demand Draft shall be submitted to the regional licensing authorities • concerned and self attested copy of the same shall be submitted to DGFT

2.14 Duplicate Copies of Export-Import Licence/ Certificate/Permissions/CCPs — Where a licence/ certificate/permission is lost or misplaced, an application for grant of a duplicate copy thereof may be made alongwith an affidavit, as given in Appendix-11, to the licensing authority which has issued the original licence/ certificate/ permission. The licensing authority concerned may, on merits, issue a duplicate copy of the same after issuing an order for cancellation of the original licence/certificate/ permission mid after informing the customs authority where the original licence/ certificate/permission was registered.

2.15 Duplicate copy of freely transferable licence/ certificate/permissions, except DEPB andDFRC, shall not be issued. Duplicate copy of DFRC and DEPB may be issued against an application accompanied by the following documents:-

(a) An application with a fee equivalent to 10% of duty saved.

(b) A copy of FIR reporting the loss.

(d) Indemnity bond on a stamp paper undertaking to indemnify the revenue loss to the Government which may be caused on account of issue of duplicate licenses backed by Bank Guarantee covering the DEPB/ DFRC amount and which should be valid at least for 6 months more than the validity of DEPB and DFRC.

2.15.1 However, when the licence/certificate/ permission has been lost by the Government agency and a proof to this effect is submitted, the documents at serial nos. (a) to (d) shall not be asked for. hi such cases, licence/ certificate/ permissions shall be revalidated for a period for six months from the date of endorsement not withstanding anything stated below.

2.15.2 The licensing authority, before issuing the 1 icenses, shall obtain the report regarding utilisation of the licence/certificate/permissions from the Custom authority at the port of registration mentioned in the original licence/ certificate/permission. The duplicate licence/ certificate/ permission shall be issued only for the balance,. which remained unutilised as per the report furnished by the Customs authority at the port of registration.

2.15.3 The validity of duplicate licence/certificate/ permission shall be co-terminus with the original license and therefore no request shall be entertained if the validity of the original liccnce/certificate/pennission has expired. However, in case when DEPB/DFRC is lost by Customs/ Licensing Authority, duplicate licence/ certificate/ permission shall be issued for a validity of six months.

2.15.4 The 10% duty saved amount in DEPB will be equivalent to 10% of the available credit balance on the lost DEPB whereas for DFRC, the amount shall be calculated on the basis of duty saved amount for the balance quantity and proportionate CIF value as per the information available in Column-10 of Appendix-] OD.

2.16 Identity Cards:— To facilitate collection of licence/certificate/permissions and other documents, identity cards may be issued to the proprietor/ partners/ directors and the authorised employees, not more than three, of the importers and exporters, An application for issuance of an Identity Card may be made in the form given in Appendix-5. The documents/licence/certificate/ permissions may be delivered to the identity card holder and the officials of the DGFT shall not be responsible for any loss etc. of the documents/licence/certificate/ permissions thereafter, hi case of loss of an identity card, a duplicate card may be issued on the basis of an FIR and an affidavit. The identity card shall be issued in the format as given in Appendix-5A and shall be valid for a period of three years from the date of issuance.

2.17 Interviews with authorised Officers.—Importer/ Exporter and their employees shall have free access to the offices of the licensing authorities, authorised to grant interviews. Such officers may also grant interview to any other authorised representative of the importer/exporter to make specific representation. Interviews may also be sought through E-mails with the officer concerned.

2.18 Export of Items Reserved for SSI Sector:— Units other than small scale units are permitted to expand or create new capacities in respect of items reserved for the small scale sector, subject to the condition that they obtain an Industrial licence under the Industries (Development and Regulation) Act, 1951. It is a condition of such licence that the manufacturer shall undertake export obligation as may be specified by the Ministry of Industry and the licensee is required to furnish a Legal Undertaking to the Directorate General of Foreign Trade127 in this behalf. The export obligation shall be monitored by the Directorate General of Foreign Trade.

2.19 Warehousing Facility—Public/Private Customs Bonded Warehouses may be set up in Domestic Tariff Area by following the procedure envisaged in Chapter-DC of the Customs Act, 1962. Such warehouses shall be permitted to import the items in terms of paragraph 2.28 of the Policy.

On receipt of goods, such warehouses shall keep the goods for a period of one year without payment of applicable customs duties. Goods can be cleared against the Bill of Entry for home consumption, on payment of applicable custom duty and on submission of licence/ certificate/permission wherever required, provided an order for clearance of such goods for home consumption has been made by the competent customs authorities. In case of clearance against duty free categories/concessional duty categories, exemption/concession from duty, as the case may be, allowed. In case of clearance against DEPB, credit may be adjusted while allowing duty free imports.

The goods can be re-exported without payment of customs duty provided (i) a shipping bill or a bill of export is presented in respect of such goods; and (ii) order for export of such goods has been made by competent customs authorities.

Import, storage, clearance or re-export arc subject to the provisions of the Customs Act, 1962 and the Rules, Orders, Notifications or Instructions issued in respect of these provisions.

2.20 Execution of Bank Guarantee/Legal Undertaking :—Before clearance of goods through customs, the importer shall execute a legal undertaking (LUT)/Bank Guarantee (BG) with the customs authorities in the manner as may be prescribed by them. However, in case of indigenous sourcing, the licence/certificate/ permission holder shall furnish BG/LUT to the licensing authority before sourcing the material from the nominated agencies or indigenous supplier.

The Status Holders/PSU' s and Manufacturer exporter registered with excise authority with export of Rs. 1 crore and above in preceding year and who has not been penalised under the Customs Act, Excise Act, Foreign Trade (Development and Regulation) Act 1992 and FERA shall be required to furnish Legal Undertaking in the form given in Appendix-21 A. Other Manufacturer exporters shall be required to furnish bond supported by Bank Guarantee to the extent of 25% of Excise duty saved and merchant exporter.* (other than Status Holders/PSU's) shall be required to furnish bond supported by Bank Guarantee to the extent of 100% of excise duty saved on the items which they intend to procure indigenously in lieu of direct imports.

In case, the firm has already executed BG/LUT for full value of the licence/certificate/permission covering the item indigenously procured as well to the Customs and furnishes proof of the same, no separate BG/LUT shall be required to be executed with the licensing authority.

2.21 Preferential Trading Arrangement:—The Generalised System of Preferences (GSP) is a system under which Indian Goods receive preferential tariff treatment upon import into, developed markets, such as member states of European Union, USA, Japan, New Zealand, Australia, Canada, Switzerland, Norway, Russia etc. The GSP schemes of various countries are notified by them from time to time. These arc unilateral schemes and as such India need not accord the same preferential treatment to the goods of developed countries, on reciprocal basis. The list of agencies authorised to issue GSP certificates is given in Appendix-35,

In addition, India is a participant to Global System of 2.21.1 Trade Preferences (GSTP), Bangkok Agreement (BA), SAARC Preferential Trading Arrangement (SAPTA) under which India grants and receives tariff concession on imports and exports. To avail these tariff preferences, it is to be ensured that import or export qualifies for the preference.in accordance with the Rules of Origin requirement of the agreement concerned. The Government has notified the agencies authorised to issue Certificate of Origin for each of the agreement. Export inspection Council (EIC) is the sole agency authorised to issue certificate of origin under GSTP.

2.21.2 The list of agencies authorised to issue certificate of origin under BA and SAPTA is provided in Appendix-35A. However, for Indo-Srilanka Free Trade Agreement, the certificate of origin shall be issued by Export Inspection Council.

2.21.3 The authorised agencies shall provide services relating to issuance of certificate of origin, including details regarding the rules of origin, list of items covered by an agreement, extent of tariff preference, verification and certification of eligibility etc. EIC is the sole agency authorised to print blank certificates, The authorised agencies may charge a fee, as approved by Ministry of Commerce and Industry, for services rendered.

2.21.4 The Government has also nominated certain authorised agencies to issue non-preferential certificate of origin in accordance with the Article II of international convention relating to simplification of Customs formalities, 1923. These certificates of origin evidence the origin of goods and do not bestow any right to preferential tariffs. The list of these agencies is provided in Appendix-35B.

2.22 Automatic Licence/Certificate/Permission The status holders shall be issued licence/certificate/ permissions automatically within the stipulated time period. Deficiency, if any, shall be informed in the covering letter which shall be required to be rectified by the status holders within 10 days from the date of communication of deficiency.

128 THE GAZETTE OF INDIA : EXTRAORDINARY [PARTI—SEC. 1] 2.23 Submission of Certified Copies of Documents.—Wherever the original documents have been submitted to a different licensing authority/nominated agencies or to a different division of the same licensing authority, the applicant can furnish photocopy of the. documents duly certified by him in lieu of the original.

2.24 Advance Payment:—In case, payment is received

in advance and export/deemed exports takes place subsequently, the application for a licence/certificate/ permission shall be filed within specific period following the month during which the exports/deemed exports are made, unless otherwise specified

2.27 Import under Lease Financing:— Permission of the licensing authority is not required for import of capital goods under lease financing. However, the condition of actual user or licence/certificate/ permission, wherever required under the Policy or this Handbook, shall be applicable in case of import of capital goods under such lease financing. The facility shall also be available under EPCG Scheme, EOU/EPZ/SEZ scheme. The domestic supplier of capital goods to eligible categories of deemed exports shall be eligible for the benefits of deemed exports as given in paragraph 8.3 of the Policy even in such cases where the supplies are under lease financing.

2.25 Export by post:—hi case of export by post, the exporter shall submit the following documents in lieu of documents prescribed for export by sea/air.

1. Bank Certificate of Export and Realisation as

2.28 Import/ Export through Courier Service:— Imports/Exports through a registered courier service is permitted as per the Notification issued by the Department of Revenue. However, importability/ exportability of such items shall be regulated in accordance with the Policy.

given in Appendix-22.

2.29 Exhibits Required For National And

2. Relevant postal receipt.

3 Invoice duly attested by the Customs, .

2.25.1 In such cases where application is to be considered by ALC/Hqrs. EPCG Committee/Export Facilitation Committee, the original copy of the application, alongwith prescribed fee, shall be filed with regional licensing authorities concerned and an attested copy of the same shall be filed with the related Committee mentioned above.

International Exhibitions or Fairs and Demonstration:— Import/export of exhibits, including construction and decorative materials required for the temporary stands of the foreign/ Indian exhibitors at the exhibitions, fair or similar show or display for aperiod of six months on re-export/re- import basis, shall be allowed without a licence/certificate/ permission on submission of a certificate from an officer of a rank not below that of an Under Secretary to the Government of India in the Ministry of Commerce and Industry or an officer of the Indian Trade Promotion Organization duly authorised by its Chairman hi this behalf, to the effect that such exhibition, fan- or similar show or display, as the case may be,

2.25.2 Direct negotiation of export documents:—hi cases where the exporter directly negotiates the document (not through the authorised dealer) with the permission of RBI, he may submit copy of "Foreign Inward Remittance Certificate (FIRC)" in lieu of Bank Certificate of Export and Realisation (BRC).

fl) has been approved or sponsored by the Government of India in the Ministry of Commerce and Industry or the India Trade Promotion Organization; and

(ii) is being held in public interest.

2.25.3 Payment through ECGC cover;—In cases where the export has been completed but the payment has not been realised from the buyer, such exports shall be taken into account for the purpose of benefits under the Policy provided the payment has been realised by the Indian exporter through ECGC cover.

Extension beyond six months for re-export/re- import will be considered by the Customs authorities on merits. Consumables such as paints, printed material, pamphlets, literature etc. pertaining to the exhibits need not be re- exported/re-iinported.

2.30 Policy :—The Policy relating to the general provisions regarding import of capital goods, raw materials, intermediates, components, consumables, spares, parts, accessories, instruments and other goods is given in Chapter 2 of the Policy.

2.26 Import/Export of Samples:—No licence/ certificate/permission shall be required for Imports of bonafide technical and trade samples of items mentioned as restricted in ITC(HS) except vegetable seeds, bees and new drugs by any importer. However, samples of tea not exceeding Rs.2()()0 fCIF) in one consignment shall be allowed without a licencc/ccrtificate/pennission by any person connected with Tea industry.

Duty free import of samples shall be allowed as per

die terms and conditions of Customs notification.

Exports of bonafide trade and technical samples of

freely exportable item shall be allowed without any limit.

2.31 General Procedure for Licensing of Restricted Goods.—Wherever an import licence/ certificate/permission, including Customs Clearance Permit (CCP), is required under the Policy, the procedure contained hereunder shall apply.

129

2.32 Import of Second hand Goods/Waste Scrap/ Seconds/ Rags:—The following items may be imported without a liccnce/certificate/permission.

CO Any form of metallic waste, scrap, seconds and defectives, other than those which are of a value below the value specified for any such items by a notification issued in this behalf, and excluding hazardous, toxic waste, radio active contaminated waste/scrap containing radio active material;

(ii) Waste paper;

(iii) Woollens rags/ synthetic rags/ shoddy wool¹ in completely mutilated form subject to the condition that mutilation must conform to the requirements as specified by the customs authorities.

(iv) PET bottle/waste

(v) Import of all types of ships may be made without a liccnce/certificate/permission on the basis of guidelines issued by Ministry of Shipping and as per the age/residual life norms prescribed by the Ministry of Shipping.

Provided in case of import of metal scrap originating from a country affected by rebellion or war, the exporter shall furnish the following documents to the Customs at the time of clearance of goods:

(I) Pre-shipment inspection certificate from any of the Inspection & Certification agencies given in Appcndix-28 to the effect that:

(a) The consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radio active contaminated or, any other explosive material in any form either used or otherwise.

(b) the imported item( s) is actually n metallic waste/scrap/ seconds/defective as per the internationally accepted parameters for such a classification.

(II) A copy of the contract between the importer and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radio active contaminated, or any other explosive material in any form either used or otherwise.

Z33 Import of Second Hand Capital Goods;—Import of second hand capital goods, which are not more than 10 years old, shall be allowed freely. However, the same'shall not be transferred, sold or otherwise disposed off within a period of two years from the date of import, except with the prior permission of the Director General of Foreign Trade.

1079 GI/2002—11A

2.34 Import of Ammunition by Licensed Arms Dealers:—Import of following types of ammunition are allowed against a liccnce/certificate/permission by licensed amis dealers subject to the conditions as may be specified:

(i) Shotgun Cartridges 28;

(ii) Revolver Cartridges of .450,. 455 and, 45 bores;

(iii) Pistol Cartridges of .25, .30 Mauser, .450 and .45 bores;

(iv) Rifle Cartridges of 6.5 mm, .22 savage, .22 Hornet 300 Sherwood, 32/40, .256, .275, .280, 7m/m Mauser, 7 m/m Man Schoener, 9m/m Mauser, 9 m/m Man Schoener, 8x57,8x57S, 9.3 m/m, 9.5 m/m, .375 Magnum, .405, .30.06, .270, .30/30 Winch, .318, .33 Winch, .275 Mag., .350 Mag., 400/350, .369Purdey, .450/400, .470, .32 Win, .458 Win, .380 Rook, .220 Swift and .44 Win. bores.

An import licence/certificate/permission shall be issued at 5% of the value of the annual average sales turnover of ammunition (whether indigenous or imported) during the preceding three licensing years subject to a minimum of Rs. 2000.

An application for grant of a licence/ certificate/ permission for items listed in paragraph 2.34 above may be made (o the licensing authority in the form given in Appendix-8 alongwiththe documents prescribed therein.

2.35 Restricted Items Required By Hotels, Restaurants, Travel Agents, Tour Operators And Other Specified Categories:—Items mentioned as restricted for imports in ITC(HS) required by hotels, restaurants, travel agents and tour operators maybe allowed against a licence/ certificate/permission. Import licence/certificate/permisslon shall be granted on the recommendation of the Director General, Tourism, Government of India.

2.35.1 Hotels, including tourist hotels, recognised by the Director General of Tourism, Government of India or a State Government shall be entitled to import licence/ certificate/permissions upto a value of 25% of the foreign exchange earned by them from foreign tourists during the preceding licensing year, Such licence/certificate/ permissions shall be granted for the import of essential goods related to the hotel and tourism industry.

2.35.2 Travel agents, tour operators, restaurants, and tourist transport operators and other units for tourism, like adventure/wildlife and convention units, recognised by the Director General of Tourism, Government of India, shall be entitled to import licence/ certificate/ permissions up to a value of 10% of the foreign exchange earned by them during the preceding Ii censing year. Such licence/certificate/permissions shall be granted for the import of essential goods related to the travel and tourism industry, including office and other equipment required for their own professional use, no THE GAZETTE OF INDIA : EXTRAORDINARY [PAKJI—SET. I] 2.35.3 The import entitlement underparagraphs 2.35.1 and 2.35.2 of any one licensing year canbe carried forward, either in full or in part, and added to the import entitlement of the two succeeding licensing years.

2.35.4 The import licence/certificate/permission granted under paragraphs 2.35.1 and 2.35.2 shall not be translemble. However, traiisferability of such licence/ certificate/ permission granted to hotels/restaurants/ travel agents/tour operators may be allowed within their respective groups.

2.35.5 The goods imported against such licence/ certificate/ permission shall noi be transferred to anyone within a period of 2 years from the date of their import without the prior permission of the Director General of Foreign Trade.

2.35.6 An application for grant of a licence/certificate/ permission under paragraphs 2.35.1 and 2.35.2 maybe made in the form given in Appendix-S to the Director General of Foreign Trade through Director of Tourism, Government of India who will forward the application to the licensing authority concerned aiongwith the recommendations on the import entitlement and Hie goods to be imported.

2.36 import of Other Restricted Items:—ITC(HS) contains the list of restricted items. An application for import of such items may be made, in the form given in Appendix-8 io (he Director General of Foreign Trade alongwith documents prescribed therein.

2.J7 Export Facilitation Committee:— Restricted item licence/cerlificate/pennission may be granted by the Director General of Foreign Trade or any other licensing authority authorised by him in this behalf. The DGFT/ licensing authority may take the assistance and advice of a facilitation committee. The facilitation committee will consist of representatives of technical authorities and Departments/ Ministries concerned.

2.38 Gifts of Consumer or Other Goods —In terms of the provisions contained in paragraph 2.19 of the Policy, an application for grant of Customs Clearance Permit for import as gifts of items appearing as restricted for imports in ITC(HS) shall be made to the Director General of Foreign Trade in the form given in Appendix-8 alongwilh documents prescribed therein.

However, where the recipient of a gift is a charitable, religious or ;in educational institution registered under a law relating to the registration of societies or trusts or otherwise approved by the Central or a State Government and the gift sought to be imported has been exempted from payment of customs duty by the Ministry ofFinance, such import shall be allowed by the customs authorities without a Customs Clearance Permit.

2.39 Import under Go^t to Govt Agreements •—Irnport of goods under Government to Government agreements may be allowed without a licence/ certificate/permission or Customs Clearance Permit on production of necessary evidence to the satisfaction of the Customs authorities,

2.40 Import of Cheque Books/ Ticket Forms etc;— Indian branches of foreign banks, insurance companies and travel agencies may import cheque books, bank draft forms and travellers cheque forms without a Customs Clearance Permit. Similarly, airlines/shipping companies operating in India, including persons authorised by such airlines/shipping companies, may import passenger ticket forms without a Customs Clearance Permit.

2.41 Import of Reconditioned/Second Hand Aircraft Spares:—Air India, Indian Airlines, Vayudoot, PawanHans Ltd. and scheduled domestic private airlines, private sector/ public sector companies and State Governments operating executive/ training aircraft or those engaged in the aerial spraying of crops and non-scheduled airlines and charter service operators will be eligible to import, without a licence/ certificate/permission, reconditioned/ second hand aircraft spares on the recommendation of the Director General of Civil Aviation, Government of India.

2.42 Import of Replacement Goods —Goods orparts thereof on being imported and found defective or otherwise unfit for use or which have been damaged after import may be exported without a licencc/certificate/pennission, and goods in replacement thereof may be supplied free of charge by the foreign suppliers or imported against a marine insurance or inarinc-cum-ereclion insurance claim settled by mi insurance company. Such goods shall be allowed clearance by the customs authorities without an import licence/ certificate/ permission provided that:

(a) The shipment of replacement goods is made within 24 months from the date of clearance of (he previously imported goods through the Customs or within the guarantee period in the case of machines orparts thereof where such period is more than 24 months: and (b) No remittance shall be allowed except for payment of insurance and freight charges where the replacement of goods by foreign suppliers is subject to payment of insurance and/or freight by the importer and documentary' evidence to this effect is produced at the time of making the remittance.

The importer shall also have the option to claim refund of payment, if any. already made to the foreign supplier, instead of obtaining replacement of goods referred to above. 2,42.1 In such cases where the goods have been found short-shipped, short-landed or lost in transit prior to actual import and/or detected as such at the time of customs clearance, import of replacement goods will be permitted on the strength of the certificate issued by the

1079 GI/2002—11B customs authorities without an import licence/certificate/ permission. This procedure shall also apply to cases in which short-shipment of goods is certified by the foreign supplier and he has agreed to replace the goods free of cost.

2.42.2 Cases not covered by the above provisions willbe considered on merits by the DGFT for grant oflicence/ certificate/permissions for replacement of goods for which an application may be made in the form given in Appendix-8.

2.43 Transfer of Imported Goods:—Goods, which are importable without restriction, can be transferred by sale or otherwise by theimporterfrecly. Transfer of imported goods, which arc subject to Actual User condition under the Policy and have become surplus to the needs of the Actual User, shall be made only with the priorpennission of the licensing authority concerned. The following information alongwith supporting documents shall be- furnished with the request for grant of permission for transfer, to the licensing authority concerned.

(i) F,easons for transfer of imported material;

(ii) Name, address, 1EC number and induslrial liccnce/certificalc/permission/registralion, if any, of Ihc transferee,

(iii) Description, quantity and value of the goods imported and those sought to be transferred, (iv) Copies of import liccnce/certificate/pcrmission and bills of entry relating to the imports made;

(v) Terms and conditions of the transferas agreed upon between buyer and the seller.

2.43.1 Prior permission of the licensing authority shall not, however, be necessary for transfer or disposal of goods, which were imported with Actual User condition provided such goods are freely importable without Actual User condition on Ihe date of transfer.

2.4? .2 Priorpennission of the licensing authority shall also not be required for transfer or disposal of imported' goods after a period of two years from the date of import. However, transfer of imported firearms shall not be permitted during the lifetime of the importer/licensee

2.44 Sale of Exhibits:—(i) Sale of exhibits of restricted items, mentioned in ITC(HS), imported for an international exhibition/fair organised/approved/sponsored by the India Trade Promotion Organisation (ITPO) may also be made, without a licence/certificate/ permission, within the bondperiod allowed for re-export, on payment of the applicable customs duties, subject to a ceiling limit of Rs.5 lakhs (CIF) for such exhibits for each exhibitor. However, sale of exhibits of items, which were

m freely imported sliall be made, without a licence/ certificate/permission, within the bond period allowed for re-export on payment of applicable customs duties.

(ii) If goods brought for exhibition are not re- exported or sold within (he bond period due to circumstances beyond the control of the importer, the customs authorities may allow extension of the bond period on merits.

2.45 Import of Overseas Office Equipment:—On the winding up of overseas offices, setup with the approval of the Reserve Bank oflndia, used office equipment and other ilcms may be imported without a licence/certificate/ permission.

2.46 Labels, Price Tags and like Articles for Export Products:—Supplies, made by foreign buyers or procured by the export erson the advice of foreign buyers, of labels, price tags, hangers sizers, PVC boxes, inlay cards, printed bags, stickers and trimming materials like buttons, belts, shoulder pads, buckles, eyelets, hooks and eyes and rivets lo be attached to the goods against specific orders placed by foreign buyers on Indian exporters, may be imported without a liccncc/ccrtificate/permission.

2.47 Prototypes:—Import of new/second hand prototypes/second hand samples not exceeding ten in number in a year on payment of duty may be allowed without a liccnce/certillcatc/pcrmission to an Actual User (industrial) engaged in the production of or having industrial licence/letter of intent for research in the item for which prototype is sought for product development or research, as the case may be, upon a self-declaration to that effect, to the satisfaction of the customs authorities.

Applications for grant of licence/certificate/ pennission/CCP for import of additional requirements of prototypes/samples not exceeding ten in number in a year shall be considered by the Licensing Authority concerned on merits.

2.48 Restricted items for R&D—All restricted items, except live animals, required for R&D purpose may be imported without a licence/ccrtificate/permission by Government recognised research and development Units.

2.49 The policy relating to Exports is given in Chapter-2 of the Policy Further, Schedule 2, Appendix-1 of (he ITC (HS) specifics the list of items which may be exported without a licence/certificatc/pcrmission but subject to terms and conditions specified in this behalf.

2.50 Application for Grant of Export Licence/ certificate/permission:—An applicationfor grant of export licence/certificatc/pcrmission in respect of ilcms mentioned in Schedule 2 of ITC(HS) maybe made in the form given in Appendix-16 or 16 A, as the case may be, to the Director General of Foreign Trade and shall be accompanied by the 132 THE GAZETTE OF INDIA : EXTRAORDINARY [PARTI—SEC. 1] documents prescribed therein. The Export Facilitation Committee shall consider applications on merits for issue of export licencc/certificate/permissions.

An Inter-Ministerial Working Group in DGFT shall' consider applications for export of Special Chemicals, Organism, Materials, Equipments and Technologies (SCOMFX) as specified in Schedule 2, Appendix-3 of ITC(HS) on tbe^asis of guidelines issued in this regard fromtimetotime.

DGFT may also issue, on application. Free Sale Certificate as p er guidelines in force on medical and surgical equipments.

whose jurisdiction the registered office of company or head office of the firm Is located.

The Regional Licensing Authority shall verify the application on the basis of the declaration given by the unit and countersigned by Chartered Accountant.

2.56 Conversion from one scheme to another:—hi case the exporter is denied the benefit of a scheme, under which a shipping bill is filed, by the licensing authority or the Customs, the exporter may be permitted to convert such shipments to another scheme provided the exporter is entitled to the benefit under the scheme in which the shipment is subsequently converted,

CHAPTERS

PROMOTIONAL MEASURES

2.51 Export of Items under State Trading Regime (STR):—An application for export of items mentioned in ITC(HS) under STR regime may be made to the Director General of Foreign Trade.

2.52 Exports of Samples/Exhibits:—An application for the export of samples or exhibits which are restricted for exports may be made to the Director General of Foreign Trade.

2.53 Gifts/Spares/Replacement Goods:—For export of gifts, indigenous/imported warranty spares and replacement goods in excess of the ceiling/period prescribed in paragraphs 2.32,2.33 and 2.37 respectively of the Policy,. an application may be made to the Director General of Foreign Trade.

2.54 Furnishing of returns in respect of exports in non-physical form:—All the exports made in non-physical form by using communication links including high speed data communication links, internet, telephone line or any other channel which do not involve the Customs authorities has to be compulsorily reported on quarterly basis to the Electronic and Software Export Promotion Council in the proforma given in Appendix-4B.

These provisions shall be applicable to all the exporting units located anywhere in the country including those located in STP, EPZ, SEZ, EHTP and under 100% EOU scheme.

2.55 Duty free import of R&D equipment for Pharmaceuticals and bio-technology:—Duty free import of goods upto 1% of the FOB value of exports during the preceding licensing years as specified in the list 53 of CustomsnotificationNo. 21/2002-Customs dated 1-3-2002, as amended from time to time, shall be allowed to the units having export turnover of Rs. 20 Crores and above during- the preceding licensing year if such importer has Research and Development wing which is registered with the Department of Scientific and Industrial Research in the Ministry of Science and Technology,

The eligible unit may furnish an application given in Appendix- 34 to the Regional Licensing Authorities under 3.1 Status Certificates:—The Policy relating to the status holder is given in Chapter-3 of the Policy.

3.2 Application for Grant/Renewal of Status:—For grant/renewal of any status, the application shall be filed before lstMarch. The application for Export House, Trading House, Star Trading House and Super Star Trading House shall be filed in Appendix-17, The application for Service Export House,. International Service Export House, International Star Service Export House, International Super Star Service Export House status shall be filed in Appendix- 17A.

3.2.1 Application for grant of certificate for Export House/Trading House/Service Export House/International Service Export House shall be filed with the concerned regional licensing authority headed by Jt. DGFT. However application for grant of certificate for Star Trading House, Super Star Trading House, International Star Service Export House, International Super Star Service Export House shall be filed with the Director General of Foreign Trade.

3.2.2 Such application shallbe made by the registered office in the case of a company and head office in case of others.

3.3 Maintenance of Accounts:—The certificate holder shall maintain true and proper accounts of its exports and imports based on which such recognition has been granted and the exports and imports made during the validity period of such recognition certificate. The record shall be maintained for a minimum period of three years from the expiry, of the validity of such certificate. These accounts shall be made available for inspection to the licensing authority or any authority nominated by the Director General of Foreign Trade.

3.4 Refusal/Suspension/Cancellation of Certi- ficate:—The recognition certificate may be refused or suspended or cancelled by the authority which is competent to issue/renew such certificate, if the certificate133 holder/applicant or any agent or employee acting on his behalf:

(a) fails to discharge the export obligation imposed;

(b) tampers with licences;

(d) commits a breach of the Foreign Trade (Development and Regulation) Act, 1992, or the Rules and Orders made thereunder; or (e) fails to furnish the information required by the Director General of Foreign Trade or any person or authority authorised by him.

3.4.1 A reasonable opportunity shall be given to the applicant or the certificate holder before taking any aption under this paragraph.

3.5 Appeal,—An applicant who is not satisfied with the decision taken to suspend or cancel the certificate, may file an appeal to the Export House Committee in the Directorate General of Foreign Trade within 45 days of the dale of the said decision. The decision of the Committee shall be final.

3.6 Export Promotion Council.—The general policy relating to the Export Promotion Councils is given in Chapter-4 of the Policy. A list of Export Promotion Councils/ Commodity Board is given in Appendix- 27.

3.7 The major functions of the EPCs are:—

(a) To provide commercially useful information and assistance to their members in developing and increasing their exports;

(b) To offer professional advice to their members in areas such as technology upgradation, quality and design improvement, standards and specifications, product development, innovation etc.;

3.8 Non-profit, Autonomous and Professional Bodies.—The EPCs arc non-profit organisations registered underthe Companies Act or the Societies Registration Act, as the case may be.

3.9 The EPCs shall be autonomous and regulate then- own affairs. However, if the Central Government frames uniform bylaws for the constitution and/or for the transaction of business for EPCs, they shall adopt the same with such modifications as Central Government may approve having regard to Uic special nature or functioning of such EPC. The EPCs shall not be required to obtain the approval of the Central Government for participation in trade fairs, exhibitions etc. and for sending sales teams/ delegations abroad. The Ministry of Commerce and Industry/ Ministry of Textiles of the Government of India, as the case may be, would interact with the Managing Committee of the Council concerned, twice a year, once for approving their annual plans and budget and again for a mid-year appraisal and review of their performance.

3.10 In order to give a boost and impetus to exports, it is imperative that the EPCs function as professional bodies. For this purpose, executives with a professional background in commerce, management and international marketing and having experience in government and industry should be brought into the EPCs.

3. II Government Support—The EPCs may be provided financial assistance by the Central Government. 3.12 Authorities Issuing RCMC.—An exporter desiring to obtain a Registration-cum-Membcrship Certificate (RCMC) shall declare his main line of business in the application which shall be made to the Export Promotion Council (EPC) relating to that line of business. However, a status holder has the option to obtain RCMC from Federation of Indian Exporters Organisation (FIEO). The service exporters (except software service exporters) shall be required lo obtain RCMC from FIEO.

3.12.1 hi addition, an exporter has the option to obtain an RCMC from FIEO or any other EPC, if the products exported by him relate to those EPCs. If the cxportproduct is such that it is not covered by any EPC, RCMC in respect thereof may be issued by FIEO.

3.12.2 Registration cum-Mcmhership.—An

(d) To organise participation in trade fairs, exhibitions and buyer-seller meets in India, and abroad.

(e) To promote interaction between the exporting community and the Government both at the Central and Stale levels; and

(f) To build a statistical base and provide data on the exports and imports of the country, exports and imports of theirmembcrs, as well as other relevant international trade data.

exporter may, on application given in Appendix-4, register andbecome a member of an Export Promotion Council. On being admitted'to membership, the applicant shall be granted forthwith Registration-cum-Mcmbcrsiiip Certificate (RCMC) of the EPC concerned, in the format given in Appcndix-4A subject to such terms and conditions as may be specified in this behalf. In case an exporter desires to gel registration as a manufacturer exporter, he shall furnish evidence lo that effect.

Prospective/potential exporters may also, on application, register and become an associate member of an export promotion council.

134 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1] 3.12.3 Validity Period of RCMC.—The RCMC shall be deemed to be valid from 1st April of the licensing year in which it was issued and shall be valid for five years ending 31st March of the licensing year, unless otherwise specified.

3.12.4 Intimation Regarding Change in

regulations. Deficiency, if any, shallbc communicated on- line to the applicant. The applicant will have to visit the concerned office to hand-over the hard copy of the application alongwith the requisite documents including the application fee. The licence shall be issued on receipt of the hard copies of the documents as mentioned above after due scrutiny as prescribed in this Book.

Constitution—In case of change in ownership, constitution, name or address of an exporter, it shall be obligatory on the part of RCMC holder to intimate such change to the registering authority within a period of one month from the date of such change. The registering authority, however, may condone delays on merits.

3.17.3 Benefits.—The facility will reduce unnecessary physical interface with DGFT. It will be also enable faster processing, speedier communication of deficiencies, if any, and on-line availability of application processing status.

3.17.4 Licence issued electronically shall be transmitted to the Customs through ED I Mode. This shall also obviate the need for physical verification of licences before allowing clearance as the verification will be done electronically by the Customs.

3.13 Furnishing of Returns.—The exporter shall furnish quarterly returns/details of his exports of different commodities to the concerned registering authority. This, will be in addition to any other returns as may be prescribed by the registering authority. However, status holders shall also send monthly returns to FIEO in the format specified byFlEO.

CHAPTER-4

DUTY EXEMPTION/REMISSION SCHEME

4.1Policy—The policy relating to the Duty

Exemption/Remission Scheme is prescribed in Chapter 4 of the Policy.

3.14 De-Registration.—The registering authority may de-registcran RCMC holder fora specified period for violation of the conditions of registration. Before such de- registration, the RCMC holder shall be given a show cause notice by the registering authority, and an adequate and reasonable opportunity to make a representation against the proposed de-registration. Upon de-registration, the concerned export promotion council shall intimate the same to all the licensing authorities.

4.2 General Provision .—An application for grant of an Advance Uccnce/DFRC/DEPB maybe made by the Registered office or Head office or a branch office or manufacturing unit of the eligible export cr, to the licensing authority concerned.

3.1? Appeal Against Dc-Registration.— A person aggrieved by a decision of the registering authority in respect of any matter connected with the issue of RCMC may prefer an appeal to the Director General of Foreign Trade or an officer designated in this behalf within 45 days against the said decision and the decision of the appellate authority shall be final.

3.16 Directives of DGFT --The Director General of.

4.3 Where the applicant is the branch office or manufacturing unit(s) ofan exporter, it shall furnish: (a) Self certified copy of valid RCMC where the name of the branch office or manufacturing unit is given and (b) an authority letter from the Registered Office of a Company or Head Office of a firm, clearly indicating that Registered/ Head Office or its branches and manufacturing unit(s) have not been declared defaulter or otherwise made ineligible for import/export under any of the provisions of the Policy. However, this declaration shall not be required for those filing applications electronically.

Foreign Trade may direct any registering authority to register or de-register an exporter or otherwise issue such other directions to them consistent with and in order to implement the provisions of the Act, the Rules and Orders made thereunder, the Policy or this Handbook.

4.4 Advance Licence.—Where the SION have been published, an application in Appendix-1 OB, alongwith documents prescribed therein, shall be submitted to the licensing authority concerned

3.17 Electronic Data Interchange.— With a view to reducing transaction time and costs in obtaining licences/ permission/certificate from the DGFT, electronic filing and electronic processing of licence application has been introduced.

3.17.1 Eligibility.—The facility of electronic filing

of applications shallbc available to all exporters.

4.4.1 In case of export of gold/silver/platinum jewellery and articles thereof, the quantity, wastage and the value addition norms shall be as prescribed in Chapler-4 of the Policy and this chapter.

3.17.2 Procedure.—Under this scheme, an exporter would be able to file his application on the DGFT website at http://www.nic.in/cxiinpo1. The application will Ihenbe downloaded by the concerned licensing authority and processed in accordance with the prevalent rules and

4.4.2 In case where nonns have not been published, an application in Appcndix-1 OB (with Anncxnre-1), alongwith prescribed documents, shall be furnished to ALC for fixation of Norms. In such cases, the original copy of the application along with prescribed fee shall be filed with135 the Regional Licensing Authority concerned and a self attested copy of the same shall be filed with ALC.The Licenses in such cases shall be issued by the RLA on the basis of recommendation of ALC,

The Committee shall also function as a recommendatory authority for SION. The Director General of Foreign Trade may notify such norms as recommended by the ALC.

4.4.3 Applications, where Acetic Anhydride, Ephedrine and Pseudo-ephedrine is required as an input for import, either in such cases where norms are fixed or in such cases where norms arc not fixed, shall be filed with the regional licensing authorities concerned.

Copies of such applications shall also be simultaneously endorsed to the Drug Controller of India, Nirman Bhawan, New Delhi, Narcotics Commissioner, Central Bureau of Narcotics, Gwalior and the respective Zonal Director of the Narcotics Control Bureau, alongwith a declaration (hat the applicant will maintain the prescribed records and also submit the prescribed returns.

4.4.4 The licensing authority, while issuing the advance licence for the import of Acetic Anhydride, Ephedrine and Pseudo-ephedrine, shall endorse a condition that before effecting imports, NOC shall be obtained from the Narcotics Commissioner of India, Central Bureau of Narcotics, Gwalior and shall also endorse a copy of the licence to the Drug Controller, Nirmaii Bhawan. New Delhi and the concerned Zonal Director of the Narcotics Control Bureau.

4.5 Advance Licence for free (if cost and paid material.— hi terms ofpara graph 4.1 .(> of the EXIM Policy, an exporter may apply for mi Advance Licence for import of items mentioned in paragraph 4.1.1 of the Policy some of which may also include items that are supplied free of cost.

hi such cases, a specific endorsement shall be made on the exchange control copy of (he Advance Licence disallowing remittances for the material being supplied free of cost. All inputs imported shall be utilised in the manufacturing of the product except the wastage.

4.6 Newcomers —In the case ofnewcomers, who have not exported in each of the preceding three licensing years, the Advance Licence shall be issued subject to furnishing 100% BG to Customs authority to cover exemption from Customs duty together with 15°/) interest. Specific endorsement to this effect shall be made in the licence by the licensing authority.

4.7 Self Declared Licences where SION do not exist.—The licensing authority may also issue ivance licences, where SION ;irc not fixed, based on self declaration • and an undertaking by the applicant for a final adjustment as pcrAdJwc/SlON fixed by ALC. However, no Advance Licence for import of horn, hoof and oilier organ of animal, or for any item for which DGFT may so notify, shall be issued under paragraph 4.7 by the licensing authority.

4.7.1Entitlement —The CIF value of one or more such licences shall be Rs. 50 lakhs or 100% of the FOB and/or F.O.R value of preceding year exports/supply, whichever is more. However Export House/Trading House/ Star Trading House/Super Star Trading House can claim one or more such licences upto 200% of the FOB value of preceding year exports.

The new comers shall also be cniitied for licenses in this category upto their entitlement or for a CIF value not exceeding Rs. 50 lakhs, whichever is more, subject to furnishing of 100% Bank Guarantee to Customs authority to cover the exemption from Customs duties together with 15% interest. A specific endorsement to Uiis effect shall be made on the licence.

4.7.2 Once the norms arc fixed by ALC, the value limits mentioned in sub paragraph 4.7.1, above would not be applicable to advance licences issued under this paragraph. Such licences, subsequent to fixation ofnorms by ALC, may be enhanced to a value originally applied for or as decided by the competent authority.

4.7.3 Licence in excess of entitlement — An applicant including a newcomer shall be entitled for licence under this paragraph in excess of entitlement mentioned in paragraph 4.7.1 subject to furnishing of 100% Bank Guarantee to Customs authority to cover the exemption from Customs duties. A specific endorsement to this effect shall be made on the licence.

4.7.4 The original application with prescribed documents shall be submitted to the concerned Regional Licensing Authority. The licensing authority shall forward a copy of the application within 7 days from the date of issue of such licences to ALC for fixation of norms within the prescribed time.

4.7.5 The applicant shall give an undertaking thai he shall abide by the norms fixed by ALC and accordingly pay duly, together with 15% interest, on the unutilised inputs as per norms fixed by ALC.

4.7.C) In such cases, where thenomis arc not finalised by ALC within six months from the date of issuance of licence, the norms as applied for shall be treated as final and no adjustment will be made. However, where the application for fixation of ad /?oc/SION is rejected on account of non-furnishing of required documents/ information, the licence holder shall be liable for penalty as stated in the above paragraph. In such cases where the export obligation is completed pending fixation of norms by ALC, the entitlement for the licence as given in paragraph 4.7.1 may be re-credited upon production of documentary evidence showing fulfilment of export obligation and realisation of foreign exchange in respect of the previous licenses. However, bond waiver/redemption 136 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1] shall not be allowed pending fixation of norms in such cases.

4.8 Financial Powers.—The financial powers of the. licensing authorities and ALC are given in the tabl e below:

Category of Application

On published norms and under paragraph-4.7 of this Handbook CW Value upto Rs.50 Crorc

CIF value above Rs.50 crorc Regional Liccnsini Authority

Issuing Authority for Advance Licence

g Regional Licensing Authorities on the recommendation of ALC.

4.9 Standardisation of Adhoc Norms—For standardisation of norms, an application may be made by the manufacturer exporter or merchant-exporter, tied to supporting manufacturer, duly filled in with complete data. Such applications shall be made to the Advance Licensing Committee (ALC) in the form given in Appendix-10.

Import of fuel may also be allowed under SION by ALC subject to the following: -

(d) the FOB/ FOR value and quantity of exports/ supplies.

4.12 Exports in Anticipation of Licence—Exports/ supplies made from the date of receipt of an application for an Advance Licence by the licensing authority, may be accepted towards discharge of export obligation. If the application is approved, the licence shall be issued based on the input/output norms in force on the date of receipt of the application by the licensing authority in proportion to the provisional exports/supplies already made till any amendment in the norms is notified. For the remaining exports, the Policy/ Procedures in force on the date of issue of the licence shall be applicable.

4.12.1 The exports/supplies made in anticipation of the grant of an Advance Licence shall be entirely on the risk and responsibility of the exporter.

4.12.2 The conversion of duty free shipping bills to drawback shipping bills may also be permitted by the customs authorities in case the application for an Advance Licence is rejected or modified by the licensing authority.

Note:— Advance Licence, unless otherwise stated, means Advance Licence for Physical Exports/ Intermediate Supply/ Deemed Exports.

4.13 Advance Licence for Intermediate Supplies.—

(a) The facility of import of fuel under SION shall be allowed only to the manufacturer having captive power plant.

(b) Fuel should be allowed only under SION and in no case should it be allowed either under paragraph 4.7 or under ad-hocnorms.

(c) Fuel should be allowed only against an actual user licence and therefore, fuel shall not be allowed for imports against DFRC, which is transferable in nature.

(d) Even where fuel is included as an input under SION, it shall not be taken into account while fixing the DEPB rate for such products against which fuel has been allowed as an input.

4.10 Modification of SION .—An application for modification of existing SION maybe filed by manufacturer exporter or merchant-exporter, tied to supporting manufacturer, in the form given in Appcndix-K) to the ALC.

4.11 Description of an Advance Licence.—An

Advance Licence shall specify:

(a) the names and description of items to be imported and exported/supplied;

(b) the quantity of each item to be imported or wherever the quantity cannot be indicated, the value of the item shall be indicated. However, if in Standard input output norms, the quantity and value of individual inputs is a limiting factor, the same shall be applicable.

(c) the aggregate CIF value of imports; and The application for grant of Advance Licence for Intermediate supply may be made on the basis of a tie-up agreement with the exporter holding an Advance licence for physical exports/deemed exports. Such requests shall be considered by the licensing authority concerned. The Advance Licence for Intermediate supply shall be issued after making the licence invalid for direct import of items to be supplied by the intermediate manufacturer, hi such cases, a copy of the invalidation letter will be given to the licence holder and copy thereof will be scnl to the intermediate supplier as well as the licensing authority of the intermediate supplier. The licensee in such case has an option either to supply the intermediate product to holder of Advance Licence forphysical exports/deemed exports or to export directly The facility of advance licence for intermediate supply shall be available even in cases where the intermediate supplier has supplied or intend to supply the material subsequent to fulfilment of export obligation by the ultimate exporter holding the Advance Licence.

4.14 Advance Release Order.—An application may be made to the Regional Licensing Authority concerned for grant of Advance Release Order (ARO) to procure the inputs from indigenous sources/State Trading Enterprise/ EOUs/EPZ/SEZ/EHTP/STP units.

4.14.1 The application shall specify (i) the name, description and quantity of the items and (ii) the individual value of items to be procured. An ARO may be issued along with the Advance Licence for Physical Exports/ Deemed Exports/DFRC or subsequently, and its validity137 shall be cotcrminus with the validity of the Advance Licence for Physical Exports/ Deemed Exports. An ARO issued for the procurement of an individual item shall be automatically valid for procurement from one or more indigenous sources.

4,15 Back to Back Inland Letter of Credit (LC).— Hie exporter may alternatively avail Uie facility of a back to back inland letter of credit from the banks. An Advance Licence holder, except for an intermediate supply and DFRC holder, may approach a bank for opening an inland letter of credit (LC) in favour of an indigenous supplier.

4.15.1 Before opening the LC, the bank will ensure.

that the necessary BG/LUT has been executed by the Advance Licence holder and an endorsement to that effect has been made on the licence. However, execution of BG/ LUT shall not be required against DFRC. After opening the inland LC, the bank shall make the following endorsement on the Exchange Control and Customs copy of the Advance Licence for Physical Exports/Deemed Exports/DFRC;

The value of this Advance Licence for Physical Exports/ Deemed Exports/ DFRC stands reduced by a sum °f ^s- _ ^ _ _ __ * being the value of the inland LC No. opened today by the licensee in favour of M/s _ _ ^ _ _ ^_ (name and address of the indigenous supplier).

4.15.2 The licence shall be invalidated by the bank for direct import only in respect of the full quantity and value of the item being sourced indigenously.

4.15.3 The original Letter of credit (LC) may be retained by the bank for negotiation and only the non- negotiable copy of the LC may be given to the indigenous supplier

4.15.4 The responsibility of the bank shall be confined to making the endorsement. The bank shall not be liable for any misrepresentation or false statement made by the licensee while requesting the bank to make the endorsement. The inland LC opened by the bank in favour of the indigenous supplier shall not be cancelled for any reason whatsoever.

4.15.5 The non-negotiable copy of inland LC together with the photocopy of the Advance Licence duly carrying endorsements made by the bank shall be sufficient for the indigenous supplier to claim deemed export benefits. LC issued against DFRC shall, however, be entitled only to benefit given in paragraph 8.3(b) of Policy, whereas LC for other categories shall be entitled to benefits given in paragraph 8.3 (b) and (c) of the Policy.

4.15.6 Where the import of gold/silver is permitted as an input under this scheme, such gold/silver can be sourced through the nominated agencies as given in Chaptcr-4 of the Policy for supply against the Advance Licences issued in this behalf. Before supply of the material, the nominated agencies should follow the same procedure as given in paragraph 4.13 above.

4.16 Facility of Supporting Manufacturers.—The licence holder has the option to have the material processed through any other manufacturer including a jobber. However, the licence holder shall be solely responsible for the imported items and fulfilment of export obligation.

4.17 Facility of Co-Licensee.—If the applicant desires to have the name of any manufacturer or jobber added to the licence, he may apply for such endorsement. Such endorsement shall be mandatory where prior import before export is a condition for Advance Licence for physical exports and the licence holder desires to have the material processed through any other manufacturer or jobber.

Upon such endorsement made by the licensing authority, the licence holder and co-licensees shall jointly and severally be liable for completion of export obligatioa Any one of the co-licensees may import the goods in his name or in the joint names. The BG/LUT shall also be furnished in their joint names.

4.18 Acceptance of BG/LUT.— At die time of issue of the licence, the acceptance ofthe undertaking given by the applicant to the licensing authority concerned in the form given in Appendix-1 OB wi 11 be endorsed on the reverse of the Advance Licence.

Note:- (a) No BG/LUT willberequircdwhereiliespecified export obligation has been fulfilled before making any import, hi case of partial fulfilment of export obligation before effecting any imports, the BG/LUT may be reduced proportionately. The licence holder shall also produce EP copy ofthe shipping bills and Bank Certificate of Export and Realisation, and a statement of exports giving details of shipping bill wise exports indicating the shipping bill number, date, FOB value as per shipping bill and description of export product substantiating the completion or the partial fulfilment of the export obligation to the licensing authority concerned.

(b) In respect of an advance licence on which "No BG/LUT" facility has been provided, the licensing authority shall forward a copy ofthe "No Bond Certificate" indicating the shipping bill number, date, FOB value as per shipping bill and description of export product in respect of shipment which were taken into account for calculating fulfilment of export obligation to the customs authorities with whom the licence is required to be registered. Before allowing the imports against Advance Licence, the 138 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1]

at the port of registration to the customs authority at the port of import.

Customs shall verity that the details of the exports as given in (he "No Bond Certificate" are as per their records.

4.20 Facility of Clubbing —The accountability of imports and exports shall be restricted in relation to the individual categories of advance licences issued under this scheme.

4.19 Port of Registration .—The licence and (he Advance Licence shall be issued for the purpose of import and export through one of the sea ports or airports or ICDs or LCS specified below. The licence holder shall register the licence, the port specified in the licence and thereafter all imports against the said licence shall be made'only through that port, unless he obtains permission from the customs authority concerned to import through any other specified port. However, exports may be made through any of the specified ports.

4.20.1 The regional licensing authority, under whose jurisdiction the licence is issued or ALC in other cases, may also consider a request for clubbing all imports and exports of more than one Advance Licence (clubbing of all Advance Licence for physical exports or clubbing of all Advance Licence for intermediate supplies or clubbing of all Advance Licence for deemed exports) provided the imported inputs are properly accounted for as per norms. The value addition of the licences so clubbed shall be the average of the value addition imposed on individual licences. Upon clubbing, the licences shall, for all purposes, be deemed to be one licence.

Sea Ports: Mumbai. Kolkata, Cochin, Kakinada, Kandla. Mangalore, Marmagoa, Chennai, Nhavasheva, Paradeep, Pipavav, Sikka, Tuticorin Visliakhapatnnm, Dahej, Nagapattinam, Okha, Mundhra andSurat(Magdalla).

4.20.2 The facility of clubbing shall be available only for redemption/regularisation of the cases aiid no further import or export shall be allowed. For this facility, licences are required to have been issued under similar Customs notification

Air-ports: Ahmedabad, Bangalore, Bhubancshwar Mumbai, Kolkata, Coimbatorc Air Cargo Complex, Cochin, Delhi, Hyderabad, Jaipur, Srinagar, Trivandrum, Varanasi, Nagpur and Chennai.

4.20.3 In case an Advance Liccnce(s), where export obligation has already expired, is to be clubbed with an Advance Licence(s) where export obligation period is valid, the applicant shall pay the composition fee of 1% or 5%, as the case may be, prescribed for extension of export obligation in respect of Advance Licence(s) where export obligation period has expired.

4.20.4 In such cases, the exports effected 30 months after the issuance of the expired licence shall not be considered for clubbing.

ICDs: Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati (Amingaon), Guntv, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Punc), Pitampur(lndore), Surat, Tinipur, Varanasi, Nasik, Rudrapur (Naimtal), Dighi (Punc), Vadodara, Daulatabad, (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy, Salem Mallanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madunu,. Bhilwara, Pondicherry and Garni Harsani.

LCS: Ranaghat and Singhabad.

4.21 Enhancement/Reduction in the Value of Licence.—In respect of an Advance Licence, the licensing authority concerned (as per their financial powers) may consider a request for enhancement/ reduction in the CIF value of the licence, provided the value addition after such enhancement does not fall below the stipulated minimum value addition and provided there is no change in the input- output norms and the Policy under which the licence was issued.

4.1 y. 1 Tlie Commissioner of Customs may, either by a public notice or on the written request of the licence holder, by a special order and subject to such conditions as may be specified by liim. also permit imports and exports from any seaport/alrport/ICD or land custom station other than those mentioned above

4 19.2 In such cases, where the licence has not been registered at the port specified in the licence and no import has taken place, the request for change in the Port of Registration may be considered by the licensing authority concerned provided the licence has not been redeemed.

4.21.1 The licensing authority concerned (as per their financial powers) may also consider the request for enhancement/ reduction in CIF value, quantity of inputs, FOB value of export obligation and quantity of exports of an advance licence provided there is no change in the input output norms and value addition after such enhancement does not fall below the stipulated minimum value addition.

4.19.3 For imports from the Airport/Scaport/ICD other

4.21.2 The request forprorata enhancement in value and quantity may be made either before or after exports. In than the port of registration, a Telegraphic Release Advice(TRA) shall also be issued by the customs authority such cases where (here is a change in the SION prior to the export of the said product, theprorata enhancement shall be given after calculating the entitlement on the revised SION.

4.22 Export Obligation Period and its Extension — The period of fulfillment export obligation under an Advance Licence shall commence from the date of issuance of licence. The export obligation shall be fulfilled within a period of 18 months except in the case of supplies under Advance Licence for Deemed Exports/Advance Licence to the projects/turnkey projects in India/ abroad where the export obligation must be fulfilled during the contracted duration of execution of the project/ turnkey project." 4.22.1 The request for extension in export obligation period may be made in the form given in Appendix-IOG. The regional licensing authority shall grant one extension for a period of six months from the date of expiry of the original export obligation period to the licensee subject to • payment of composition fee ofl % of the unfulfilled FOB value of export obligation with reference to GIF value of imports made for which extension isbeing sought. Request for further extension may be considered by the regional licensing authorities subject to payment of composition fee of 5% of the unfulfilled FOB value of export obligation with reference to the CIF value of imports made for which extension is being sought. Such extension shall however not exceed a period of six months from the date of expiry of earlier extension.

4.22 2 The Customs may allow provisional clearance of export consignment as and when the licence holder produces documentary evidence of having applied forEO extension to the concerned RLA provided the shipments are effected within 30 months from the date of issuance of licence.

4.23 Revalidation of Licence.— The regional licensing authority may consider a request of the original licence holder and grant one revalidation for a period of six months from the date of expiry of the original licence. Request for further revalidation may be considered by the regional licensing authorities. However, such revalidation shall not exceed a period of six months from the date of expiry of earlier period of revalidation. The request(s) for revalidation of licence shall be made in the form given hi Appendix-10G

4.24 Monitoring of Obligation.— The licensing authority, with whom the Undertaking is executed by the Advance Licence holder, shall maintain a proper record in a master register indicating the starting and closing dates of obligation period and other particulars to monitor the export obligation. Within two months from the date of expiry of the period of obligation, the licence holder shall submit requisite evidence in discharge of the export obligation in accordance with paragraph 4.25 of the Handbook. However, in respect of shipments where six

H9 months period for realisation of foreign exchange has not become due, the licensing authority shall not take action for non submission of bank certificate of exports and realisation provided the other document substantiating fulfillment of EO have been furnished.

4.24.1 hi case the licence holder fails to complete the export obligation or fails to submit the relevant information/ documents, the licensing authority shall take action by refusing further licences, shall enforce the condition of the licence and Undertaking and shall also initiate penal action as per law.

4.25 Fulfillment of Export Obligation.—The licence holder shall furnish the following documents in support of having fulfilled the export obligation:—

For physical exports:—

(i) Bank Certificate of Exports and Realisation in the form given at Appendix-22

However, realisation of export proceeds shall not be insisted if the shipments arc made against confirmed irrevocable letter of credit and the same is certified by the bank in column 14/15 or Appendix-22.

(ii) EP copy of the shipping bill(s) containing details of shipment effected.

fiii) A statement of exports giving details of shipping bill wise exports indicating the shipping bill number, date, FOB value as per shipping bill and description of export product.

(iv) A statement of imports indicating bill of entry wise item of imports, quantity of imports and its CIF value.

For deemed experts

(i) A copy of the invoice duly signed by the unit receiving the material and their jurisdicUonal excise authorities certifying the item of supply, its quantity, value and dale of such supply.

(ii) Payment certificate from the pro j ect authority in the form given in Appendix-12A. In the case of Advance Licence for Intermediate Supplies/ deemed exports, supplies to the EPZs/EOUs/SEZs/EHTPs/STPs, documentary evidence from the bank substantiating the realisation of proceeds from the Licence holder or EOUs/ SEZs/ EPZs/ EHTPs/STPs, as the case may be, through Ihe normal banking channel, shall be furnished in the form given at Appendix- 22A.

4.26 Redemption.—In case the export obligation has been fulfilled, the licensing authority shall redeem the case. After redemption, (he licensing authority shall 140 THE GAZETTE OF INDIA : EXTRAORDINARY [PARTI-^SEC, 1] forward a copy of the redemption letter indicating the shipping bill number(s), date(s), FOB value in Indian rupees as per shipping bill(s) and description of export* product to the Customs authority at the port of registration. Before discharging BG/LUT against the Advance Licence, the Customs shall verify that the details of the exports as given in the "Redemption Certificate" are as per their records.

Ordinarily, redemption of LUT shall not preclude the customs authority from taking action against the licence holder for any misrepresentation, mis-declaration and default detected subsequently,

4.27 Transitional Arrangement for licences issued upto 31.3.2002 .—The Advance Licence including Advance Licence for Annual Requirement issued upto 31.3.2002 shall be governed by the provisions contained in Chaptcr-7 of the Handbook (Vol. 1) (RE-2001).

4.28 Regularisation of Bonalide Default—The cases of abonafide default in fulfillment of export obligation may be regularised by the licensing authority in the manner indicated below:

CO Ifthe export obligation is fulfilled in terms of value, but Uiere is a shortfall in terms of quantity, the licence holder shall, for the- regularisation, pay:-

(a) To tlic customs authority, customs duty on (he unutilised value of the imported material alongvvilh interest at the rate of 15"/) per annum thereon; and (b) An amount equivalent lo 3 % of the CIF value of unutilised imported material through a TR in the authorised branch of Central Bank of India indicating the "Head Account: 1453, Foreign trade and export promotion and minor head 102". However, the provisions of this sub paragraph shall not be applicable if the unutilised imported material was freely importable on the date of import.

(ii) If the export obligation is fulfilled in terms of quantity but there is shortfall in terms of value, no penalty sliall be imposed if the licence holder has achieved the positive value addition. However, if the value addition falls below positive, the licence holder shall be required- to deposit an equivalent amount through TR in the authorised branch of Central Bank of India indicating the "Head of Account-1453 Foreign Trade and Export Promotion- Minor Head -102" so that the 100 times the deposited amount and the FOB value realised in Indian rupees together account for positive value addition over die CIF value,

Crii) If the export obligation is not fulfill ed both in terms of quantity and value, the licence holder shall, for the regularisation, pay as per (i) and (ii) above.

(iv) In case an exporter is unable to complete the export obligation undertaken in full and he has -not made any import under the licence, the licence holder will also have an option to get the licence cancelled and apply for drawback after obtaining permission from the Customs authorities for conversion of shipping bills to Drawback Shipping Bills.

4.29 Time Period For Depositing Fines, Customs Duty,Etc.—The customs duty with interest to be recovered from the licencee on account of regularisation or enforcement of BG/LUT, as the case may be, shall be deposited by the licence holder in relevant Head of Account of Customs Revenue i.e. "Major Head 0037- Customs and minor head 001 "-Import Duties in prescribed T.R. Challan within 30 days of the demand raised by the licensing/customs authority and documentary evidence shall-be produced to this effect to the licencing/customs authority immediately. On receipt of such documentary evidence from the licence holder, the licensing authority shall intimate the details of the recover)/ deposits made to the customs authority at the port of registration under intimation to Joint Secretary (Drawback), Department of Revenue, Ministry of Finance, JeevanDecp Building, New Dcllii.

The payment of amount of duty, interest and any dues for regularisation shall, however, be without prejudice to any other action Uiat may be taken by the customs authorities at any stage under the Customs Act, 1962.

4.30 Maintenance of Proper Accounts.—Every licence holder shall maintain a true and proper account of licence-wise consumption and utilisation of imported goods in Appendix-21. Such records should be preserved for a period of at least three years from the date of redemption.

4.31 Duty Free Replenishment Certificate,—The Policy of Duty Free Replenishment Certificate is given in paragraph 4.2 of the Policy. The exporter exporting under DFRC shall be required to give a declaration in the EP copy of the Shipping Bill indi eating the serial number and product group of SION of the export product.

4.32 Export/ Imports under DFRC .—Export shipments under DFRC can be effected from any port mentioned in paragraph 4,19 of the Handbook. TheDFRC shall be issued with single port of registration, which will be the port from where the exports have been effected. However for import from a port oilier then the port of export, TRA shall be issued by the Customs authority at the port of export to the Customs authority to the port of import.

141

4.33 Filing of Application.—An application for grant,

4.38 Fixation of DEPB Rate—Appendix-lOA prescribes the form regarding fixation of DEPB rates. All applications for fixation of DEPB rates shall be routed through the concerned Export Promotion Council which shall verify the FOB value of exports as well as the international price of inputs covered imder SION.

4.39 Exports in anticipation of DEPB rate.—No exports shall be allowed under DEPB scheme unless the DEPB rate of the concerned export product is notified.

of DFRC may be made to the licensing authority concerned in the form given in Appendix-10-D alougwith the documents prescribed therein. An application for DFRC shall be filed only after realisation of export proceeds. However, in case of exports against irrevocable Letter of Credit application may be fi led after exports. The C1F value of DFRC shall be arrived at after discounting 25% from the FOB value of exports. The FOB value shall be calculated on the basis of the Bank Realisation Certificate.

4.40 Port of Registration.—The exports/imports made from the specified ports given shall be entitled for DEPB.

4.34 Time Period.—The application for DFRC shall be filed within six months from the date of realisation reckoned from the last date of realisation in respect of shipments for which DFRC is being claimed.

Sea Ports: Mumbai, Kolkata, Cochin. Dahcj, Kakinada, Kandla, Mangalore, Mannagoa, Mundra, Chennai, Nhavashcva, Paradeep, Pipavav, Sikka, Tuticorin, Vishakhapatnam, Surat (Magdalla), Nagapattinam and Okha.

4.34.3 In case of exports against irrevocable Letter of Credit, the DFRC shall be filed within six months from the date of exports reckoned from the last date of exports in respect of shipments for which DFRC is being claimed.

4.34.2 For exports against advance payment, DFRC shall be filed within six months from the date of exports against advance payment.

Airports Ahmedabad, Bangalore, Bhubancshwar, Mumbai, Kolkata, Coimbatore Air Cargo Complex, Cochin, Delhi, Hyderabad, Jaipur, Srinagar, Trivandrum, Varanasi, Nagpur and Chennai.

4.34.3 Wherever provisional shipment has been allowed by the customs authorities, DFRC against such exports shall be issued only after the release of the shipping bill by the Customs. The lime limit for filing of application in such cases shall be six months from the date of release of shipping bill or three months from date of realisation, whichever is later

ICDs: Agra, Ahmedabad, Bangalore, Bhiwadi, Coimbatore, Daulatabad, (Wanjarwadi and Maliwada), Dellu, Dighi (Pune), Faridabad, Guntur, Hyderabad, Jaipur, Jallandhar, Jodhpur, Kanpur, Kota, Ludhiana, Madurai and the land Customs station at Ranaghat Mallanpur, Moradabad, Meerut Nagpur, Nasik, Gauhati (Amingaon), Pimpri (Pune),Pitampur (Indore), Rudrapur(Nainital), Salem Singanalur, Surat, Tirupur, Udaipur, Vadodara, Varanasi, Waluj, Bhilwara, Pondicherry and Garhi-Harsaru.

4.35 Frequency of Application —The applicant shall file one application relating to one export product group from one port of export. Where export product falling under one product group have been exported from different ports, the exporter shall file more than one application for the same export product group,

LCS Ranaghat and Singhabad

Provided further that the Commissioner of Customs may, by special orders and subject to such conditions as may be specified by himpermit imports or exports from any other seaport, airport, inland container depot orthrough a land Customs,

4.36 Verification by Customs.—The licensing authority shall ensure that while issuing the DFRC, the Shipping Bill no(s) and date(s), FOB value in Indian rupees as per Shipping Bill(s) and description of export product are endorsed on the reverse of DFRC. Before allowing the imports against DFRC, the Customs shall verify that die details of the exports as given on the DFRC arc as per their records.

4.40.1 The DEPB shall be issued with single port of registration, which will be the port from where the exports have been effected.

4.40.2 Maintenance of Record.—Each CustomHouse at the ports shall maintain a separate record of the details of the exports made under the DEPB shipping bill.

4 41 Credit under DEPB and Present Market Value.—In respect of products where the rate of credit entitlement under DEPB Scheme comes to 10% or more, the amount of credit against each such export product shall not exceed 50% of the Present Market Value (PMV) of the 4.37 Duty Entitlement Passbook Scheme.—The Policy relating to Duty Entitlement Passbook Scheme (DEPB) Scheme is given in Chapter-4 of the Policy. The duty credit under the scheme shall be calculated by taking into account the deemed import content of the said export product as per SION and die basic custom duty payable on such deemed imports, The value addition achieved by export of such product shall also be taken into account while determining the rate of duty credit under the scheme.

142 THE GAZETTE OF INDIA : EXTRAORDINARY [PAKTI—Sfcc. I]

to this effect on the DEPB and shall also mention the FOB value in (Indianrupees) on the DEPB.

export product. At the time of export, the exporter shall declare on the shipping bill that the benefit under DEPB Scheme against the export product would not exceed 50% of the PMVof the export product.

However PMV declaration shall not be applicable forproducts for which value cap exists irrespective of the DEPB rate of the product.

4.47 Time Period.—The application for obtaining credit shall be filed within a period of six months from the date of exports or within tluree months from the date of realisation, whichever is later, reckoned from the last date of realisation/exports, in respect of shipments for which the claim have been filed.

4.42 Utilisation of DEPB credit —The credit under DEPB may also be utilised forpaymentof customs duty on any item which is freely importable except capital goods.

4.43 Application for DEPB .—An application for

4.47.1 Wherever provisional shipment has been allowed by the customs authorities, DEPB against such exports shall be issued only after the release of the shipping bill by the Customs. In such cases, application for DEPB shall be filed within six months from the date of release of such shipping bill or three mouths from the date of realisation, whichever is later.

grant of credit under DEPB may be made to the licensing • authority concerned in the form given in Appendix-IOC alongwith the documents prescribed therein. The FOB value in free foreign exchange shall be converted into Indian rupees as per the exchange rate for exports, notified by Ministry of Finance, as applicable on the date of order of "Let Export" by the Customs.

4.48 Frequency of Application .—The applicant may file one or more applications subject to the condition thai each application shall contain not more than 25 shipping bills. All the shipping bills in any one application musi relate to exports made from one Custom House only. This limit shall not apply to the applications filed through EDI mode. However, under the same/one day licensing scheme, a manual DEPB application would be resiricted to 10 shipping bill.

4.44 In cases where the applicant applies for DEPB after realisation or shipments are made against irrevocable letter of credit certified by the bank in the relevant Bank certificate of export and Realisation, the DEPB shall be issued with transferable endorsement. In other cases, the DEPB shall be initially issued with non-transferable endorsement. However, upon receipt of realisation, the DEPB shall be endorsed transferable.

4.49 Verification by Customs.—The licensing authority shall ensure thai while issuing the DEPB, the Shipping Bill no(s). and datc(s), FOB value in Indian rupees as per Shipping Bill(s) and description of export product are endorsed on the DEPB. Before allowing the imports against DEPB, the Customs shall verify that the details of the exports, as given on the DEPB, are as per their records.

4.50 Revalitlation.—No revalidation shall be granted

beyond the original period of validity of DEPB 4.45 Monitoring of realisation—The Regional Licensing Authorities shall monitor the cases where the DEPB has been granted prior to realisation of export proceeds (except the cases where shipments are made against irrevocable letter of credit) so as to ensure that realisation takes place within the prescribed time failing which they shall initiate action for recovery of an amount equivalent to DEPB credit with 15% interest. The recovered amount in such cases shall be deposited in the Head of Account of Customs as stated in paragraph 4.29.

4.51 Re-export of goods imported under DEPB scheme.—Goods imported under DEPB scheme, which arc found defective or unfit for use, may be re-exported, as per the guidelines issued by the Department of Revenue. In such cases 98% of the credit amount debited against DEPB for the export of such goods, shall be generated by the concerned Commissioner of Customs in the form of a Certificate, containing the amount generated and the details of the original DEPB. Based on the certificate, a fresh DEPB shall be issued by the concerned Licensing Authority. The fresh DEPB, so issued, shall have the same port of registration and shall be valid for a period equivalent to the balance period of validity of the DEPB against which such goods were imported

4.45.1 If the export proceeds is not realised within six months or such extended period as may be allowed by RBI, the DEPB holder shall pay in cash an amount equivalent to the duty free credit utilised on imports, including SAD, against such exports with 15% interest from the date of import till the date of deposit. In such cases, where the amount realised in foreign exchange is less than the amount on which DEPB credit has been obtained, the holder of DEPB shall pay, in cash, an amount proportionate to the duty free credit utilised on imports, including SAD with 15% interest from the date of imports till the date of deposit.

4.46 Restriction on use of DEPB credit—The GIF value of imports affected under the DEPB shall not exceed the FOB value against which the DEPB has been issued. The licensing authorities shall incorporate an endorsement

452 Issuance of DEPB/DFRC against Lost EP copy of the Shipping Bill.— In case where EP copy of the Shipping Bill has been lost, the DEPB/DFRC claim can be considered subject to submission of the following documents:—

143

(a) A duplicatc/ceitified copy of the Shipping Bill issued by (he Customs authority in lieu of original;

(b) An application fee equivalent to 10% of the DEPB entitlement or 3% of DFRC entitlement, as the case may be, in respect oflost Shipping _ Bills. However, no fee shall be charged when the Shipping Bill is lost by the Government agencies and a documentary proof to this effect is submitted;

(d) An affidavit by the exporter about the loss of Shipping Bills and an undertaking to surrender it immediately to the concerned licencing authorities, in case the same is found subsequently.

(e) An indemnity bond by the exporterio the effect (hat he would indemnify the Government for 1 lie financial loss if any on account ofDEPB/ DFRC issued against lost Shipping Bills.

The Customs authority, before allowing clearance, shall ensure that no DEPB/DFRC benefit has been availed against the same shipping bill

4.52.1 The claim against the losi Shipping Bill shall be preferred within a period of six months from the date of release ofduplicale copy of shipping bill and any application receivedihcrcaflerwillbercjected However, ifaprovisioiuilly assessed DRPB shipping bill is lost, the time period for filing ;in application lor DEPB would be six months from the date of release of I lie finally assessed shipping bill

4 51 Loss of Original Bunk Certificate—In such cases where original bank certificate has been lost, the DEPB/DFRC claim can be considered subject to submission of following documents:

(a) A duplicate copy of the Bank Certificate issued by ihcbank authority in licuoforiginal loss.

(b) An application fee equivalent to 10% of the DEPB entitlement or 1 5% or DFRC entitlement, as llie case may be. in respect of lost Bank Realisation Certificate.

(d) An affidavit by the exporter about the loss of Bank Certificate and an undertaking to surrender it ^immediately to the concerned licencing authorities, in case the same is found subsequently.

(c) An indemnity bond by the exporter to the effect that he would indemnify the Government for the financial loss if any on account ofDEPB/ DFRC issued against lost Bank Certificate.

The claim against the lost Bank Certificate shall be preferred within a period of six months from the date of export and application received thereafter will be rejected.

In such cases, where both the documents have been lost, the exporter shall follow the procedure laid down in paragraph 4.51 and 4 52.

4.54 Policy.—Tlfe Policy relating to Gem Replenishment Licence, and scHeine for gold/ silver/ platinum jewellery is given in Chapter-4 of thePeUcy.

4 55 Replenishment Licence.—An application for REP Licence may be made in the form given in Appendix- 13 alongwith the documents prescribed therein to the licensing authority concerned as given in Appendix-25 4.55 1 Hie application shall be filed within six months following the month/quarter during which the export proceeds are realised. For export proceeds realised during the month/quarter, consolidated application for entire month/quarter shall be filed However, if any supplementary application is to be filed, it may be accepted with a cut of 10% on entitlement. In case of third party exports, Replenishment benefit shall be admissible provided the EP copy of die Shipping Bill shows the names of both the manufacturer and the third party and REP licence against such exports is claimed by either of the parties after furnishing a disclaimer from the olhcr party. RJ5P licences will be transferable.

4.55 2 In case where part payment has been realised against an invoice, the application forREP licence may be made within six months following the month during which part payment was realised, provided :

(a) Not more than two such applications may be made for each such invoice, and

(b) The first such application shall be made only after 50% of (he proceeds of the invoice is realised.

4.55.3 In case where payment is received in advance and exports take place subsequently, the application for REP licence shall be filed within six months following the month during which the exports arc made.

4.55.4 For the purpose of clarity, it is again reiterated that the month in wliich the export has been made in the case of advance payment and the month in which export proceeds have been realised in part or full after making of the exports, shall be excluded while calculating the period of six months for the puipose of filing of application for REP licence 4.56 Wastage Norms —The wastageormanufactur- ing loss on gold/silvcr/plalinum jewellery and articles thereof is as follows:

144 THE GAZETTE OF INDIA : EXTRAORDINARY

IPARTI—Stc. 11

Item of Export 1 WASTAGE NORMS

s. No.

Hem of exports

VEnimum Value Addition

15%

(a)

of wastage th reference num/ Silver export item Silver

Percentage i by weight wi to Gold/ Plati content in the Gold/Platinum

Studded gold/platinum/ silver Jewellery and articles thereof other than those covered by entry (b) below

(b)

3.5%

4.5%

Plain gold/platinum /silver jew cilery/ Articles and ornaments like Mangalsutn Containing gold and black beads/ Imitation stones, cubic zirconia etc. only but excluding diamonds, precious and semi-precious stones. However, if U per gram value of the semi-precious stones utilised in the making of jewellcn articles is less than the per gram value oi gold/silver/ platinum, the value addition of only 7% as has been prescribed for plain jewellery shall be achieved.

ins 3%

(d)

)] a. Plain jewellery and articles and ornaments like Mangal sutra containing gold and black beads/ imitation stones, cubic zirconia etc. but excluding diamonds, precious, semi-precious stones. However, if the per gram value of the semi- precious stones utilised in / the making of the jewellery, articles is less than the per gram value of gold/silver/ platinum, the wastage norms of plain jewellery shall be applicable.

Gold/ silver/platinum medallions and co (excluding the coins ofthe nature of leg; tender).

10%

9.0%

b. Studded jewellery other

s 5%

than those covered by (a) above and articles thereof.

4.5%

3.5%

4.56.2 The entitlement of quantity of gold/silver/ platinum against the export shall be the quantity of gold/ silver/platinum in the item of export plus the admissible wastage/ manufacturing loss.

c. Mountings and findings manufactured (by non- mechanised process) indigeneously.

d. Any jewellery/articles

1.25%

manufactured by a fully mechanised process and unstudded.

4.57 Loss of Gem and Jewellery —Consignments of gem andjewellery items exported out of the country and lost in transit after exports, where foreign exchange against such exports has been realised or insurance claims settled, will also be eligible for REP licence.

2.5%

e, Mountings, whether

imported or indigenously procured/ manufactured, used in the studded jewellery.

0.25%

f. Gold/silvcr/platinum medallions and coins (excluding the coins of the nature of the legal tender)

4.58 Gem & Jewellery Replenishment Licences.— The Gem REP Licences shall be valid for import of precious stones, semi-precious and synthetic stones and pearls. In addition, the licence shall also be valid forimport of empty j ewellcry boxes upto 5% of the value of the licence within its overall CIF value. The Gem REP licences issued against export of studded gold/silver/ platinum jewellery articles, shall also be valid for import of cut and polished precious/ semi-precious stones other than emerald upto 10% ofthe CIF value ofthe licence within its overall CIF value.

1.25%

g. Findings and mountings

4.58.1 The Gem REP Licences are available as per the manufactured by mechanized process

scale given in Appendix-2GA.

4.58.2 Filing of Application:

CO An application for Gem Rep licence may be

given to the licensing authority concerned as given in Appendix-25 in the form given in 4.56.1 Value Addition.—The value addition will be calculated with reference to the value of gold/silver/ platinum content including admissible wastage. The minimum value addition shallbe;

145

Appendix-13A alongwith the documents prescribed Ihcreiii.

(ii) In case E.P Copy of Uic Shipping Bill and Customs attested invoice is submitted to the nominated agencies, the exporter shall furnish a self certified photo copy of the same along with a certificate from the nominated agencies certifying the carat/value of studdings in case of studded jewellery and excess the value addition achieved in the case of plain jewellery and articles.

(iii) The provision of paragraph 4.55.1 to 4.55.4 will also be applicable for Gem Rep licences.

4.59 Agency Commission.—The exporter availing the scheme of gold/silver/platinum jewellery are allowed to pay agency commission. The value addition shall be calculated after deducting agency commission. Wherever such agency commission is paid, the value addition shall be correspondingly increased by the percentage of agency commission.

4.60 Endorsement on Shipping Bill and Invoice.— At the time of export of jewellery, the shipping bill and the invoice presented to the customs authorities shall contain the description of the item, its purity, weight ofgold/ silver/ platinum content, wastage claimed thereon, total weight of gold/silvcr/platinum content plus wastage claimed and its equivalent quantity in terms of 0.995/0.999 fineness for gold/ silver and in terms of 0.9999 fineness for platinum and its value, fob value of exports and value addition achieved. If the purity of gold/silver/platinum used is the same in respect of all or some of the items made out from each of these metals for export, the exporter may give the total weight of gold/silvcr/platinum and other details of such similar items which'arc of the same purity. In cascof studded items, the shipping bill shall also contain the description, weight and value of the precious/semi- precious stones/diamonds/pearls used in manufacture, and the weight/value of any other precious metal used for alloying the gold/silver.

4.61 Conditions of Exports.—The exports shall be allowed by the customs authorities provided the endorsement made on the shipping bill and the invoice arc correct and the value addition achieved is not below the minimum prescribed in the Policy.

4.62 Proof of Exports —The exporter has to furnish the proof of exports, wherever required for export ofgold/ silver/platinum jewellery and articles thereof, by furnishing the following documents:

(a) E P copy of the shipping bill;

(b) Customs attested invoice.

Appendix-22 showing that documents has been sent for negotiations/collections; and (d) A declaration on the following lines :

"I/We declare that outstanding realisation of export proceeds beyond 180 days does not exceed 10% of average exports of preceding three licensing years. I/Wc further declare that no export proceeds are outstanding beyond one year or such extended period for which RBI permission has been obtained." In case of Personal carriage of jewellery by foreign buyer, the following documents should be submitted by the exporter/seller as proof of exports for claiming export entitlements:

(a) Copy of the shipping bill filed by the Indian Seller.

(b) A copy of the Currency Declaration Form filed by the Foreign Buyer with the Customs at the time of his arrival; and

In addition lo this. Personal Carriage on Documents Against Acceptance (D A)/Cash On Delivery (COD) basis is also allowed The exporter will have lo furnish the following documents as proof of exports for claiming export entitlements.

(i) Copy of Shipping Bill filed by the Indian Seller, and

(ii) Bank Certificate of Export and Realisation Instructions issued by the Customs Department in this regard should be followed mutatis mutandis.

4.63 Conversion of Purity/Fineness.—For conversion of quantity of gold/silver/platinum in terms of equivalent quantity in terms of fineness, the following formula shall be used .

(i) Whciuilcmsof goldhasbeen exported in terms of carats, the quantity ofgold shall be multiplied by the number of carat of gold exported, divided by 24 and thereafter again divided by 0.995/0.999/0.900 to arrive at the equivalent quantity ofgold in terms of fineness of 0.995/ 0.999/0.900 respectively; and

(ii) Wherever the purity of the item of export is expressed in terms of fineness, the quantity of gold/silver/platinum shall be multiplied by the fineness of gold/silver/plalinum exported and thereafter divided by 0.995/0.999/0.900 to arrive at the equivalent quantity of gold/silver/ platinum in terms of 0.995/0.999/0.900 fineness respectively.

146 THE GAZETTE OF INDIA : EXTRAORDINARY [PARTI—SEC. I) 4.f>4 Release of Gold/Silver/Platinum by Nominated Agencies.—The gold/silvcr/platinum shall be released to the exporter of jewellery by the nominated agencies/RBI authorised banks in multiples of 10 gms or in Ten Tola Bars in respect of golds. However, silver shall be released to the exporters in multiples of 1 Kg only. Any balance of gold/ silver/platinum shall be available to the exporters along within future entitlement. The gold/silver shall be released by thenoiiii^afed agencies in terms of 0.995/0.999 fineness and platinum in terms of 0.900 fineness.

4.65 Terms of payment.— Export of gold/silver/ platinum jewellery and articles thereof shall be against irrevocable letter of credit, payment of cash on delivery basis. Documents Against Acceptance (DA) basis or advance payment in foreign exchange.

4.66 Port of Export.—Exports under the schemes of gold/silver/platinum jewellery and articles thereof shall be allowed by airfreight and Foreign Post Office through the Customs House at Mumbai, Calcutta, Chennai, Delhi, Jaipur, Bangalore, Kochi, Coiinbatore, Ahmedabad, Dabolin Airport, Goa and Hyderabad. Export by courier shall also be allowed through Custom Houses at Mumbai, Calcutta, Chennai, Delhi, Jaipur, Bangalore, Ahmedabad and Hyderabad upto FOB value of Rs. 20 lakhs per consignment.

4.67 Export by Post.—In case of exports through Foreign Post Office which may include export via Speed Post through Foreign Post Office, the value of the jewellery parcels shall not exceed US$50000 and 20 kg. by weight. At the time of exports, the exporter shall submit the following documents:

(i) Shipping bills or invoice presented at the foreign Post Office;

(ii) Certificate from nominated agencies indicating the price at which gold/ silver/platinum was booked or given on outright sale basis or loan basis;

(iii) Three copies of invoice

4.68 Value Addition.—Under the scheme for export of jewellery, the value addition shall be calculated with reference to the CIF value of gold/silver/ platinum which shall be equivalent to the total outflow of foreign exchange on account of gold/silver/platinum content in the export product plus the admissible wastage. Wherever gold on loan basis has been given, the CIF value shall also include intercstpaid in free foreign exchange to the foreign supplier.

4.69 Export against Supply by Foreign Buyer.— Before clearance of each consignment of import supplied by the foreign buyer, the nominated agency shall execute u bond with the Customs, undertaking to export within the period stipulated in the contract, gold/silver/platinum jewellery or articles equivalent to the entire import quantity of gold/silver/platinum, mountings and findings etc. excluding the admissible wastage.

hi case of direct supply of gold/silver/platinum, alloys, findings and mountings of gold/silver/platinum and plain semi-finished gold/silvcr/platinum jewellery to Status Holder/exporter, ihc Status Holder/exporter shall furnish a Bank Guarantee to the Customs equivalent to VA times of the Customs Duty leviable on imported gold/silver/ platinum, alloys, findings and mountings of gold/silver/ platinum and plain semi-finished gold/silver/platinum jewellery etc. The Bank Guarantee executed with the Customs shall be valid for one year, hi case of direct supply to the Status Holder/exporter, exports shall be completed within 120 days In case of non-fulfillment of export obligation/non-achicvcmcnt of stipulated value addition, Customs Department shall proceed to recover custom duty alongwith interest wliichmay include enforcement of Bank Guarantee. Besides the importer wi 11 be liable to penal action under the Customs Act.

.,69,1 The nominated agency/Status Holder/exporter shall be liable to pay customs duty leviable on that quantity which is proved to have been not exported.

4.69.2 The goods shall be cleared through Customs by the nominated agency Status Holder/exporter. Even where export order is received by an Associate, the goods shall be cleared through Customs by the nominated agency only and not the Associate. The associate shall, in such cases, authorise the nominated agency to act as its agent to file Bill of Entry and shipping bill.

4 69,3 At the time of export, the shipping bill presented to the Customs shall also contain the following:

(I) Name and address of the associate/Status Holder/exporter,

(ii) An endorsement by the nominated agency that the export is made against an order received by the concerned associate, its date of registration with the nominated agency. In case of exports by Status Holder/exporter, a Self Declaration shall be provided to this effect;

(iii) The name of the Customs House through which gold/silver/platinum/plain semi-finished gold/silver/platinum jewellery was imported and the corresponding Bill of Entry No. and date and the date of import,

4.69.4 Each shipping bill shall be valid for exports only through the Customs House located at the place where the office of the nominated agency/Status Holder/exporter concerned is situated. It shall be valid for shipment for a period of seven days including the date on which the endorsement was made by the nominated agency in case of exports through nominated agency. If the exports cannot be made within this period, the exporter shall file a fresh shipping bill.

1079 G1/2002—12B147 4.69.5 At the time of export, the exporter shall submit the following documents;

(i) Shipping bill with two extra copies where exports arc made from a Customs House other than the Customs House through which the corresponding import of gold/ silver/ platinum/ plain semi-finished gold/silver/plalinum jewellery was effected, hi other cases, slipping bill with an extra copy;

Cii) Three copies of invoice;

(iii) Certificate from the nominated agency indicating the quantity and value of items supplied by the foreign buyer.

4.69.6 The customs authorities shall return two copies of the shipping bill and the connected invoice duly attested. One copy shall be sent to the person who presented the documents and the other copy shall be sent by the Customs to the office of the nominated agency/ Status holder/exporter.

4.69.7 In case of exports through nominated agency, the exporter shall submit proof of exports to the nominated agency within 15 days of exports, who shall, after verifying the documents, release admissible quantity of the gold/ silver/platinum etc. to the exporter.

4.69.8 The exporter may also obtain, in advance, gold/ silver/platinum etc. supplied by the foreign buyer by furnishing a bank guarantee for an amount equal to the international price of such items p lus customs duty payable thereon. The bank guarantee shall be redeemed only when the exporter has furnished proof of exports to the nominated agency and accounted for the use of items supplied in advance hi the export product.

4.69.9 For the purpose of redemption of bond/Bank Guarantee executed with the Customs, the nominated agency/Status Holder/exporter shall furnish a statement indicating the items, its quantity and value supplied by the foreign buyer, the corresponding Bill of Entry numb er and' date, number of each of the shipping bills against which corresponding exports was made.

4.70 Maintenance of Accounts,—The nominated agency shall maintain complete account, consignment-wise, of the gold, silver, platinum, mountings, findings/plain semi- finished gold/silver/platinum jewellery etc. imported for execution of each export order, the exports effected and the quantity of gold, silver, platinum mountings, findings etc. released against such exports. In case of direct exports, similar accounts shall also be maintained by the Status Holder. Such accounts shall be maintained for a minimum period of three years from the date of exports.

4.71 Exportthrough Exhibitions/Export Promotion Tours/Export of Branded Jewellery.—The nominated agencies shall produce to the customs authorities letter in original or its certified copy, containing Government's approval for holding the exhibition/export of branded jewellery. Any other person shall produce to the Asstt. Commissioner, customs the letter in original or its certified copy containing GJEPC's approval for holding the exhibitions/export promotion tour/export of branded jewellery.

4.71.1 In case of rc-import, such items, on arrival, shall be verified alongwith the export documents before clearance.

4.71.2 (a) The exports under this scheme shall be subject to the following conditions for the following modes of export:

(i) Export of Gems and Jewellery for holding/participating in overseas exhibition.

The exports under this scheme shall be subject to the following conditions :

Items not sold abroad shall be re- imported within 60 days of the close of the exhibition. However in case the exporter is participating in more than one exhibition within 45 days of close of the first exhibition, then the 60 days shall be counted from the date of close of the last exhibition. In case of personal carriage of gems and jewellery' for holding/participating in overseas exhibitions, the value of such gems and jewellery shall not exceed US $ 2 million.

The gold/silver/platinum content on items sold hi such exhibitions may be imported as replenishment. The exporter shall take replenishment from the nominated agency within 120 days from the close of the exhibition gold/silver/ platinum for the purpose of replenishment content against the items sold abroad in exhibition.

(ji) Personal Carriage of Gems and Jewellery for Export Promotion Tools.

Personal carriage of gold/silver/ platinum jewellery, cut and polished diamonds, precious, semi-precious stones, beads and articles as, samples upto US $ 100,000 for export promotion tours and temporary display/sale abroad is also permitted with the approval of Gem and Jewellery Export Promotion Council subject to the condition that ihe promoter would bring back the jewellery/goods or repatriate 148 THE GAZETTE OF INDIA : EXTRAORDINARY [PARTI—SEC, 1] the sale proceeds within 45 days from the date of departure through normal banking channel. In case of personal carriage Tor export promotion tours, the exporter shall declare personal carriage of such samples to the Customs while leaving the country and obtain necessary' endorsement on the Export Certificate issued by Jewellery Appraiser of the Customs. In such cases the exporter shall book with the nominated agency, within 120 days after the export promotion tour or the expiry of the stipulated period of 45 days, whichever is earlier, gold/silver/ platinum for the purpose of replenishment content against the items sold abroad.

(Hi) Export of branded jewellery.

Export of branded jewellery is also permitted with the approval of Gem and Jewellery Export Promotion Council for display/sale in the permitted shops set up abroad or in the showroom of their distributors/agents. Hems not sold abroad within 180 days shall be re- imported within 45 days. The exporter shall book with Ihc nominated agency within 120 days after the end of the stipulated period of ISO days, gold/silver/ platinum Tor the purpose of replenishment content against the items sold abroad.

(b) The following documents shall be submitted for claiming such replenishment:

(i) Customs attested invoiec;

(ii) Copy of the approval letter issued by the Government/ GJEPC;

(Hi) Certificate from the nominated agency/ GJEPC in the form given in Appcndix- 13A

(c) In case of exhibitions organised by the nominated agencies, the gold/silver/' platinum shall be imported as replenishment by the nominated agencies within 60 days from Ihe close of the exhibition.

4.73 The nominated agencies shall maintain a complete account of the exports made, goods sold abroad, goods re-imported, and metals purchased abroad and imported into India. Such account shall be maintained fora minimum period of three years from the dale of close oflhe exhibition.

4.74 Export against Supply by Nominated Agencies.—The exporter under the scheme may obtain gold/silver/platinum on following basis:—

fi) Replenishment basis after completion of exports;

(ii) Outright purchase basis in advance;

(iil) Loan basis.

4.75 Replenishment Basis.—The exporter may apply to the nominated agency for booking of precious metal gold/silvcr/platinum. The quaintly of the precious metal booked with the nominated agency shall be equivalent to the preciui"; metal content in the export product and the admissible wastage.

4.75.1 The applicant shall at the time of booking deposit an earnest money fora minimum amount of 20% of the notional price of the precious metal, which shall be adjusted at the time of actual sale.

4.75.2 The exporter may also export jewellery on a notional rale based on the certificate provided by the Bank. The exporter must fix the price within the credit terms allowed to the buyer and realise proceeds within the due date of the credit terms or 180 days, whichever is earlier. The exporter exporting on a notional basis under Replenishment Scheme must book the same quantity of gold with the Nominated Agency on the same rate that he may have booked with the buyer. The nominated agencies shall purchase the precious metal on behalf of the exporter at the rate so fixed and thereafter issue a purchase certificate bearing a serial number to the exporter indicating the quantity of gold/silver/ platinum and the C1F value, in dollars including the Rupee equivalent. The price shall be the actual price at which gold/silver/platinum is purchased by the nominated agencies plus permitted service charges levied by the nominated agencies shall be included wilh ihe price of gold/ silver/ platinum for the purpose of value addition. The duplicate and triplicate copies of exporter's application together with copies of purchase certificate for the exporter shall be sent by the nominated agencies to the concerned Custom House as well as to the negotiating bank who will confirm realization at which the gold has been purchase. The exporter exporting under the notional rate will get the Replenislunent licence only aftei inc proceeds arc realised.

4.75.3 The exports shall be effected within a period of 120 days from the date of booking and the drawal of the precious metal shall be completed within a period of 150 days from the date of booking or within 30 days from the date of export whichever is later.

4.76 Outright Purchase Basis in Advance.—The expoiicr may obtain the required quantity of precious metal in advance on outright purchase basis subject to furnishing of Bank Guarantee to the nominated agencies for an amount149 as may be prescribed by the nominated agency. On failure to effect exports within the period prescribed, the nominated agencies shall enforce the Bank Guarantee.

4.76.1 The exports shall be effected within a maximum period of 120 days from the date of outright purchase of the precious metal.

4.77. Loan Basis.— The exporter may obtain the required quantity of precious metal on loan basis subject to furnishing of Bank Guarantee to the nominated agencies for an amount as may be prescribed by the nominated agencies. On failure to effect exports within the period prescribed, the nominated agencies shall enforce the Bank Guarantee.

4.77 1 Thcexportcrhastopay interest on gold taken on loan basis at the rate as may be specified.

4.77.2 The export has to be completed witnin a maximum period of 120 days from the date of release of gold on loan basis. No extension for fulfillment of export obligation shall be allowed.

4.77.3 The exporter shall be pennitted to export the jewellery on the basis of a notional rate certificate to be- issued by the nominated agency. This rate will be based on the prevailing Gold/USD rate and the USD/1NR rate in (he notional rate certificate. The certificate issued by the nominated agency should not be older than 3 working days of the date of shipment.

The value addition will have to be achieved on rate as may be got fixed with Ihc buyer and the nominated agency.

The exporter shall have the flexibility to fix the price and repay the gold loan within 180 days from the date of export. Tins price shall be communicated to the nominated agencies who will issue a certificate showing the final confirmation of the rate to the bnnk negotiating Ihe documents, to ensure export proceeds are realized at this rate.

4.7X Exports against Advance Licence.—The procedure applicable to Advance Licences under Chapter 4 of this Handbook shall apply to this scheme.

4.78.1 The export obligation will be required to be fulfilled within 120 days from the date of import of first consignment against the licence. The advance licence' holder may import gold as replenishment after completion of exports.

exporter who has obtained precious metals from the nominated agencies may be regularised provided the exporter has paid customs duty alongwith 15% interest thereon to the Customs. However, in the case of advance licence, Uie provisions as given in Chapter-4 of this Handbook shall apply. This shall be without prejudice to any action that may be taken against the exporter under the Foreign Trade (Development and Regulation) Act 1992, the Order or the Rules issued thereunder.

4.80 Replenishment License for Import of Consumables.—A Replenishment Licence for duty free import of consumables, equal to l%ofFOB value of exports of the preceding year may be issued on production of Chartered Accountant's Certificate indicating the export performance and surrender of REP licence with a balance validity of minimum of three months issued under Chapter-4. This licence shall be non-transferable and subject to actual user condition. This Replenishment Licence shall be valid for duty free import of consumables as notified by the Customs.

Application for import of consumables or import of plain/studded jewellery as given above may be made to the concerned Regional Licensing Authority in the form given in Appendix-13.

4.81 Personal Carriage ofGems& Jewellery export parcels.—Personal Carriage of gems & jewellery parcels by Foreign Bound Passengers from all EOU/EPZ/SEZ units and all firms in DTA through the Airports in Delhi, Mumbai, Kolkata, Chennai, Bangalore, Hyderabad and Jaipur is permitted. The procedure for Personal Carriage of exports shall be as prescribed by Customs. The export proceeds shall, however, be realised through normal banking channel. For claiming the Replenishment in case of Personal Carriage of Exports by Foreign Bound passenger, documents shall be the same as mentioned under paragraph 4.75.2 of the Handbook( Vol. 1). Authorised Courier Companies are also permitted to operate on the above lines.

4.82 PersonalCarriageofGems&Jew^BeryImport Parcels.—Personal carriage of gems &. jewellery import parcels by an Indian importer/ Foreign National may be permitted into all EOUF/EPZ/SEZ units ;uid all firms in DTA through the airports in Delhi, Mumbai, Kolkata, Chennai, Bangalore, Hyderabad and Jaipur The procedure will be the same as for import of goods by air-freight except that thcparccls shall be brought to the Customs by the Importer/ Foreign National for examination and release. The clearance of imports under this scheme shall be as per the normal licensing system ofChaptcr-4 of the Policy.

CHAPTER-5

EXPORT PROMOTION CAPITAL GOODS SCHEME

4 78 2 The advance licence holder may obtain gold/ silver/ platinum from the nominated agencies in lieu of direct imports. In such a case, the nominated agency shy'" make, both the exchange control copy and customs purpose copy of Ihc licence invalid fordirect imports.

4.74 Re^ularistion of Bonafidc Default.—The cases of bonafidc default in fulfillment of export obligation by an 5.1 Policy.—The Policy relating to Export Promotion Capital Goods (EPCG) Scheme is given in Chapter 5 of the Policy.

150 THE GAZETTE OF INDIA : EXTRAORDINARY [PART!—SEC. 1J 5 2 Application Form.—An application for the grant of a licence may be made to the licensing authority concerned in Uic form given in Appcndix-9 alongwith documents prescribed therein.

5.3 Consideration of Applications.—The applicant may apply for EPCG licence to the competent authority on the basis of self declaration subject to final fixation of nexus by Hqrs. EPCG Committee as per the financial power given in the table below. The applicant shall give an undertaking that in case Uie Hqrs EPCG Committee disallows the Capital Goods including Jigs, fixtures, dies, moulds and spares, the license holder shall pay Customs duty together with 15% interest on such goods.

Competent Authority CIF Value

Upto Rs. 50 Crorc.

Regional Licensing Authority concerned.

Above Rs. 50 Crore

Headquarters EPCG Committee.

•5.3.1 The regional licensing authority, after issuance of the license, shall forward a copy of the application along with a copy of the license to the Hqrs. EPCG Committee for its approval within 7 days of Lhc issuance of the license except in such cases where the nexus norms have already been communicated by the Headquarters in any case or the same is already established on the basis of the EPCG licences, issued in die past by the Regional Licensing Authority

5.3.2 Hqrs EPCG Committee shall finalise the nexus within six months from the dale of issuance of licence failing which the nexus as applied for shall be treated as final. However, where the application for fixation of nexus- is rejected on account of non furnishing of documents/ information, the licence holder shall be liable to pay Customs duty together with 15% interest on such goods.

5.4 EOU/EPZ/SEZ Units under EPCG Scheme —

An LOU/EPZ/SEZ unit may apply for an EPCG licence in terms of paragraph <>.20(d) of the Policy Such application shall be made in the form given in Appcndix-9 alougwilh the documents prescribed therein. In addition. Hie applicant shall also furnish a copy of (lie- "No Objection Certificate' from the Development Commissioner showing the details of the capital goods imported/indigenously procured by the applicant, its value at the lime of import/sourcing and the depreciated value for the purpose of assessment of duty under the scheme:

Such cases shall not be required to be forwarded to Headquarters EPCG Committee. The concerned licensing authority shall issue EPCG licences based on the "No Objection Certificate'" produced from the concerned Development Commissioner.

5 5 Indigenous Sourcinj; Of Capital Goods.—The EPCG licence holder intending to source capital goods* indigenously, shall make a request to the licensing authority for invalidation of the EPCG licence for direct import. The EPCG licence holder shall also give the name and address of the person from whom he intends to source the capital goods.

5 5.1 On receipt ofsuch request, either at the time of issuance of licence or subsequently, the licensing authority shall make the licence invalid for direct import and issue an invalidation letter, in duplicate, to the EPCG licence holder. The licensing-authority shall simultaneously grant permission to the EPCG licence holder to procure the capital goods indigenously in lieu of direct import.

5.5.2 The indigenous manufacturer intending to supply capital goods to the EPCG licence holder may apply to lhc licensing authority in the form given in Appendix- 10B fortlic issuance of Advance licence for deemed exports for import of inputs including components required for lhc manufacture of capital goods to he supplied to the EPCG licence holder.

5 5 3 Benefits To Indigenous Supplier Of Capital Goods - -For the purpose of claiming benefit of deemed exports, the indigenous supplier of capital goods shall furnish:

(a) Certificate from the respective Assistant CoinmissionerofCustoms and Central Excise Authorities having jurisdiction over the factory as evidence of having supplied/ received the manufactured capital goods and in case of sen ice pro\ idcr, a certificate from independent Chartered Engineer confirming the supplies/ receipt of the Capital Goods (b) Evidence of pa\ menls received through normal banking channel from the EPCG licence holder in the form given in Appendix- 22 A. 5 (i Leasing of Capital Goods.—An EPCG licence holder may. on the basis of firm contract between the parties, source the capital goods fro In a domestic leasing company in accordance with paragraph 2.25 of the Policy. In such cases, the Bill of Entry of imported capital goods or lhc commercial invoice ofindigenously procured capital goods, as the case may be. shall be signed jointly b\ the EPCG licence holder and the leasing company at the lime of import/ local supply respectively. However, the EPCG licence holder shall alone be fully responsible for fulfilment of export obligation.

5 7 Condition for fulfilment of export obligation.— In addition to the conditions mentioned in paragraph 5.4 of the EX1M Policy, the following conditions shall also be applicable for fulfilment of export obligation under the scheme —

5.7.1 The exports shall be direct exports in the name ol'llic F.PCG licence holder I lowcvcr. the export through third party(s) is also allowed provided the name of the EPCG Licence holder is also indicated on the shipping bill. If a merchant exporter is the importer, the name of the supporting manufacturer shall also be indicated on the shipping bills. At trie time of export, the EPCG licence No. and date shall be endorsed on the shipping bills which arc- proposed to be presented towards discharge of export obligation.

5.7.2 Export proceeds shall be realised in freely convertible currency except for deemed exports under paragraph 5.7.3. However, in case of exports against irrevocable letter of credit in free foreign exchange, realisation of export proceeds need not be insisted for fulfilment of export obligation.

5.7.3 Exports shall be physical exports. However, deemed exports as specified in paragraph 8.2 fa), (b), (d), (f), (g) & (j) of Policy shall also be counted towards fulfilment of export obligation alongwith the usual benefits available under paragraph 8.3 of the Policy

5.7.3.1 The supplies made to the Oil and Gas sector also may be counted towards discharge of export obligation against an EPCG licence provided the licence has been issued on or before 31 3.2000 and no benefit under paragraph 8.3 of the Policy has been claimed on such supplies.

5.7.4 Wherever average level of export obligation was fixed taking into account the exports made to former USSR or to such countries as are notified by the Directorate General of Foreign Trade under this paragraph, the average level of exports shall be reduced by excluding exports made to such countries. This waiver shall be applicable to all EPCG licences, which have not been redeemed/regularised. However, exports made against any EPCG licence, except the EPCG licences which have been redeemed, shall not be added up for calculating the average export performance for the purpose of the subsequent EPCG licence.

5.7.5 Where the manufacturer exporter has obtained licences for the manufacture of the same export product both under EPCG and the Duty Exemption or Diamond Imprest Licence Scheme or made exports under DEPB/ DFRC/Replcnishment licences, the physical exports or deemed exports for categories mentioned in paragraph 5.7.3 made under these schemes shall also be counted towards the discharge of the export obligation under EPCG scheme.

5.7 6 In case of export of handicraft, handlooms, cottage, tiny sector,computer software, agriculture, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture and services, • the export obligation shall be determined in accor nice with paragraph 5.1 of the Policy, but the licence holder shall not be required to maintain the average level of exports as.specificd in paragraph 5.4.3 of the Policy. However, the goods imported under EPCG scheme by such sectors shall

15] not be allowed to be transferred for a period of five years from tlic date of imports even in cases where export obligation has been fulfilled.

5.8 Fulfilment of Export Obligation.—The licence holder under the EPCG scheme shall fulfil the export obligation over the specified period in the following proportions:

Period from the date of issue Proportion of total oflicence export obligation Block of 1st and 2nd year NIL

Block of 3rd and 4th year 15%

Block of 5th and 6th year 35%

Block of 7th and 8th year 50%

5.8.1 In respect of licences of Rs. 100 crore or more, the export obligation shall be fulfilled over a period of 12 years in the following proportion:—

Period from the date of issue Proportion of total of licence export obligation Block of 1st to 5th year NIL

Block of 6th to 8th year 15%

Block of 9th and 1 Oth year 35%

Block of 1 llh and 12th year 50%

5.8.2 However, the export obligation of aparticular block of year may be set off by the excess exports made in thepreceding block of year.

5.8.3 Where export obligation of any particular block of year is not fulfilled in terms of the above proportions, except in such cases where the export obligation prescribed for a particular block of year is extended by the competent authority, such licence holder shall, within 3 months from the expiry of the block of years, pay duties of customs plus 15% interest of an amount equal to that proportion of the duly leviable on the goods which bears the same proportion as the unfulfilled portion of the export obligation bears to the total export obligation.

5.8.4 However, the licences issued under the scheme upto 31.3.2000 shall be governed by provisions laid down in paragraph 6.11 as given in Handbook (Vol. 1) (RE-99). Notwithstanding the provisions in Handbook (Vol. 1) (RE- 99), the licence holder shall not have to surrender Special Import licence in case of vaJucwise shortfall.

5.9 Monitoring of Export Obligation.—-The licence holder shall produce to the concerned licensing authority a certificate by the jurisdictional central excise authorities or by an independent chartered Engineer, as the case may be, confirming installation of capital goods at the factory of the licence holder or his supporting manufaclurer(s)/ 152 THE GAZETTE OF INDIA : EXTRAORDINARY [PARII—SL<- 11 vendor(s) within six months from Ihc date of completion of imports.

convertible currency or statements of exports in the form given in Appendix-9 A for individual banks duly certified by a Chartered Accountant.

(b) For Deemed Exports:

(i) Copy of ARO/ Back to Back Inland letter

of Credit;

5.9.1 The licence holder shall submit to the licensing authority, report on the progress made in fulfillment of export obligation against the licence issued to him. The report shall be submitted in the form given in Appendix-9 A The periodicity of the report shall beyearvvise. The licensing authority may issue partial EO fulfilment certificate to the extent of EO fulfil led in a particular year.

5.10 Automatic enhancement upto 10% anil prorata

Supply invoices duly certified by the Bond Office of EOU/EPZ concerned showing that supplies have been received;

Invoices certified by the Project Authority concerned.

reduction/ enhancement in export obligation—If the licence issued under the scheme has actually been utilised for import of a value in excess of 10% o f the CIF value of the licence, licence shall be deemed to have been enhanced by that proportion. The Customs shall automatically allow the clearance of goods in excess of 10% of the licence value without endorsement by the licensing authority. In such cases, the licence holder shall furnish additional fee to cover the excess CIF value of imports effected subsequently. The export obligation shall automatically stand enhanced proportionately.

(ii) The licencec shall n'^n furnish the evidence of having received the payment through normal banking channel in the form given in Appendix- 22 A or a self certified copy of payment certificate issued by the Project authority concerned in the form given in Appendix-12A

5.10.1 Similarly, if die EPCG licence holder has utilised the licence less than the value earmarked in the licence, his export obligation shall stand reduced on prorata basis with reference to actual utilisation oflicence.

Consolidated statement or individual statements (bank/authorised dealer wise) of services rendered in the form given in Appcndix-9B, duly certified by a Chartered Accountant and bank/ authorised dealer evidencing foreign exchange earning received through normal banking channel.

On being satisfied, the licensing authority shall issue a certificate of discharge of export obligation to the EPCG Licence holder and send a copy of the same to the customs authorities with whom BG/LUT has been executed.

5.11 Extension of Export Obligation Period.—The competent authority, as mentioned in paragraph 5.3, may consider, on merits, one or more request for extension in export obligation period, including extension for year(s) or ablock of yeaits), for fulfilment of export obligation subject to the condition that extension of export obligation shall not exceed a total period of one /two year as per relevant Customs notifications from the date of expiry offhe export obligationperiod. The extension in export obligationpcriod shall be subject to such terms and conditions as may be prescribed by the competent authority. Wherever the export obligation period is extended, the licence holder shall be required to maintain average export obligation during the extended period as well.

5.14 Rcgularisation of Bonafule Default.—In case, EPCG licence holder fails (o fulfil (he prescribed export obligation, he shall pay duties of Customs plus 15%intcrest per annum to the Customs authority as per paragraph 5.8/5.8.1.

5.12 Export Obligation Shortfall.—The competent authority as mentioned in paragraph 5.3 may also consider condonation of shortfall upto 5% in the export obligation. subject to such terms and conditions as may beprcscribed by them.

5 15 Maintenance of Reco rds.—Every EPCG licence 5.13 Redemption.—As evidence of fulfilment of export obligation, the licence holder shall furnish the following documents;

(a) For Physical Exports:

holder shall maintain, for a period of 3 years from the date of redemption, a true and proper account of the exports/ supplies made and services rendered towards fulfillment of export obligation under the scheme,

A consolidated statement of exports made in the form given in Appendix-9A, duly certified by a Chartered Accountant and bank evidencing exports and realisation in freely

5.16 Re-Export of Capital Goods Imported Under EPCG Scheme.—Capital Goods imported wider the EPCG scheme, which arefounddcfectivcorunritforusc, maybe re-exported back to the foreign supplier within three years153 from the date of payment of duty on importation thereof with the permission of the Licensing/Customs Authority.

5 16 I Replacement of Capital Goods.—TheCapital Goods imported under the scheme and found defective or otherwise unfit for use may be re-exported aiid Capital Goods in replacement thereof be imported under the scheme. In such cases, while allowing re-export, the Customs shall rccrcdii the duty benefit availed which canbe debited again at the time of import of such replaced Capital Goods -V17 Penal Action.—In case of failure to fulfil the • export obligation or any other condition of the licence, the licence holder shall be liable for action under the Foreign Trade (Development &. Regulation) Act, 1992, the Orders and Rules made thereunder, the provisions of the Policy and the Customs Act, 1962.

(iv) Material handling equipment, like fork lifts and overhead cranes.

(v) Un-interrupted Power Supply System (UPS), Special racks for storage, storage systems, modular furniture, computer furniture, anti-static carpet, tele- conference equipment. Servo Control System, Air-conditioning system, panel forelectricals.

(vi) Security Systems.

(vii) Tools, jigs, fixtures, gauges, moulds, dyes, instruments and accessories;

(viii) Raw material for making capital goods for use within the unit.

(b) Raw materials, components, consumables, intermediates, spares and packing materials.

CHAPTER-6

(I) (Prototypes and technical samples for existing product(s) and product diversification, development or evaluation.

EXPORT ORIENTED UNITS (EOUs), UNITS IN

EXPORT PROCESSING ZONES (EPZs),

ELECTRONICS HARDWARE TECHNOLOGY PARKS

(EHTPs) AND SOFTWARE TECHNOLOGY PARKS

(STPs)

6.1 Eligibility (a) The Policy relating to Export Oriented Units (EOUs), units in Export Processing Zones (EPZs), Electronic Hardware Technology Parks (EHTP) and Software Technology Parks (STP) is given in Chapter 6 of the Policy

(b) Software Technology Park (STP)/Electronics I lardwarc Technology Park (EHTP) complexes can be set up by Uie Central Government, Slate Government, Public or Private Sector Undertakings or any combination thereof, duly approved by the Inter-Ministerial Standing Committee (IMSC) in the Ministry of Communication and Information Technology (Dep;u1incnt of Information Technology).

(c) Software units may undertake exports using data communication links or in the form of physical exports (which may be through courier service also), including export of professional services.

6.2 Exports and Importability of floods:—(a) Capital goods, as defined in the paragraph 6.2 of the Policy shall include inlcr-alia (he following and their spares:

(i) DG sets, captive power plants, transformers and accessories and consumables and spares for all above.

(ii) Pollution control equipment (iii) Quality assurance equipment.

(ii) Drawings, blue prints, charts, microfilms and technical data;

(Hi) Office equipment, including PABX, Fax machines, projection system. Computers, Laptop, server

(iv) Spares and consumables for the above items.

(v). Any other item with the approval oftlic BOA

Note: The above items may be new or second hand.

(I) The goods shall be imported into the EOU/EPZ/EHTP/STP premises. However, agriculture and allied sectors and granite sectorunits in EOU/EPZ may supply/ transfer the capital goods and the inputs in the farms/fields/quarrics with prior intimation to the jurisdictional Customs/ Central Excise authorities, provided the ownership of the goods rests with EOU/EPZ units.

(ii) The normal procedure as prescribed under Customs/Excise rules for EOUs and units in EPZs/EHTP/STP will be followed and appropriate bond executed with Customs/ Excise authorities.

(iii). The goods, except capital goods and spares, shall be utilised by EOU as per 154 THE GAZETTE OF INDIA : EXTRAORDINARY [PARTI-^SEC. 1] Policy within a period of two years or as may be extended by Customs authorities.

(iv) Goods already importcd/shipped/arrived before Ihc issue of LOP/ LOI arc also eligible for duty free clearance under the EOU/EPZ/EHTP/STP scheme provided customs duty has not been paid and the goods have not been cleared from Customs.

(v) EOU/EPZ units may import plain/studded gold/platinum or silver jewellery for export after repairs/remaking.

(vi) EOU/EPZ units may obtain gold/ silver/ platinum from the nominated agencies on loan basis subject to the condition that the gold/silvcr/plaiinum jewellery shall be exported within the specified period from the date of release. This shall not, however, apply to outright purchase of precious metals from nominated agencies or if the same is obtained on loan other than from the nominated agencies

(d) Import of capital goods:— In the case of fjOU/ EPZ/EHTP/STP units, import of capital goods including second hand capital goods, may be permitted in accordance with the list attested by the Development Commissioner concerned.

(e) Rc-import:—The units may be allowed by the Customs/Central Excise authorities concerned to re-import, adcr repairs abroad, machinery/ equipment exported by them for this specific purpose. Any foreign exchange payment for this purpose will also be allowed.

(f) Fax muchines/liip tup computers:—EOU/EPZ/ EHTP/STP may install one fax machine at a place of its choice, outside the approved premises, subject to intimation of its location to the concerned Customs/Central Excise authorities.

(g) EOU/EPZ/EHTP/STP units may, temporarily lake out of the bonded premises duty free laptop computers and video projection systems for working upon by authorised employees.

(h) EOU/EPZ/EHTP/STP units may install personal computers not exceeding two in number, imported/procured duty free in their registered/administrative office subject to the guidelines issued by Department of Revenue in this behalf.

(i) For IT and IT enabled services, persons authorized by the software units may access the facility installed in the EOU/ EPZ/EHTP/STP unit through communication links.

(j) Utilisation of goods:—The unit shall be able to account for the entire quantity of each category of homogenous goods imported/procured duty free, by way of exports, sales in DTA, transfer to other EOU/EPZ/ EHTP/ STP/ SEZ units, and balance in stock. However, at no point of time the units shall be required to co-relate every import consignment with its exports, transfer of other EOU/ EPZ/ EHTP/STP/SEZ units, sales in DTA and balance in stock. In case of doubt the matter shall be referred to BOA for decision.

Export of jewellery at notional rate:—

0) The EOU/EPZ units shall be permitted to export the jewellery on the basis of a notional rate certificate to be issued by •the nominated agency. This rate will be based on the prevailing Gold/USD rate and the U SD/INR rate on the dale of the Shipment.

(ii) The exporter shall have the flexibility to fix the price and repay the gold loan within 180 days from the date of export. The price shall be communicated to the nominated agencies who will issue a certificate showing the final confirmation of the rate to the bank negotiating the document, to ensure export proceeds are realized at this rate.

6.3 Second Hand Capital Goods—The licence referred to in paragraph 6.3 of the Policy forimport of second hand capital goods shall, in the case of EOU/EPZ/EHTP/ STP units, deemed to be .the approval given by the concerned Development Conunissioncr.

6.4 Leasing of Capital Goods.— (a) Capital goods procured from indigenous sources on the basis of lease agreement between the leasing company and the EOU/ EPZ/EHTP/ STP unit, will be eligible for Central Excise exemption.

(b) The value of imported capital goods financed through leasing companies or obtained free of cost and/or on loan basis shall also be taken into account for the purpose of calculation of NFEP as defined in paragraph 6.5 ofthc Policy.

6 5 Minimum level of Net Foreign Exchange as a Percentage of exports (NFEP) and minimum155 Export Performance (EP).—Net foreign exchange earning as a percentage of exports (NFEP) under EOU/EPZ/ EHTP/STP schemes, as provided in paragraph 6.5 of the Policy, shall be calculated according to the following formula:

A -B

NFEP= xlOO,

Where

NFEP is Net Foreign Exchange Earning as a Percentage of Export

(A) is the FOB value of exports by the EOU/EPZ/.

EHTP/STP unit; and

(B) is the sum total of the CIF value of all imported inputs, the CIF value of all imported capital goods, and the value of all payments made in foreign exchange by way of commission, royally, fees, dividends, interest on external borrowings during the first five year period or any other charges. "Inputs" mean raw materials, intermediates, components, consumables, parts and packing materials.

NOTE: (i) If any goods are is obtained from another EOU/EPZ/EHTP/STP unit, or procured from an international exhibitions held in India the value of such goods shall be included under B. (ii) If any capital goods imported duty free is leased from a leasing company, received free of cost and/or on loan basis or transfer, the CIF value of the capital goods shall be included or excluded, as the case may be, pro-rata, under B for the period it remains under bond.

(in) For annual calculation ofnetforeign exchange as a percentage of exports, imported capital goods and lumpsum payment of foreign technical know-how fee shall be included under B above as under:

Units with actual Others investment in plant and machinery of Rs.5 crores and above.

1st-2nd year . lst-2ndYear : 10% 5% each year

3rd - 5th year : 10% 3rd Year . 2()% each year 6th-8thyear :20% 4th year .30% each vcar 5thYear ."!"% (b) The minimum NFEP and EP are indicated in Appendix I of the Policy. In case of existing units the earlier NFEP and EP may be repeated at the time of renewal. However, NFEP and EP of such units will be revised, as per Policy, at the time of renewal of the approval or mid-term revision by the Development Commissioner, if such proposal envisages addition of installed capacity,

(c) Appendix I of the Policy only indicates the minimum level to be achieved, but does not preclude the Board of Approvals (BOA) or the Development Commissioner from prescribing a higher percentage where warranted.

6.6 Letter of Permission/Letter of Intent and Legal Undertaking—(a) The LOP/LOI shall specify the items of manufacture/service activity, annual capacity, projected annual export performance (EP) for the first five years in dollar terms, Net Foreign Exchange earnings as a Percentage of Exports (NFEP), limitations, if any, regarding sale of finished goods, by- products and rej ects in the DTA and such other matter as may be necessary and also impose such conditions as may be required.

(b) The approved EOU/EPZ unit shall be required to execute a legal undertaking with the Development Commissioner concerned in the form given in Appendix 14-D of the Handbook (VoLl).

6.7 Application and Approvals (a) For setting up a unit in an EPZ or an EOU, three copies of the application in the form given in Appendix 14- A may be submitted to the Development Commissioner (DC) of the EPZ concerned.

(b) Application for setting up EHTP/STP unit shall be in the format prescribed by the Ministry of Communication and Information Technology (Department of Information Tcchnlology) and shall be submitted to the officer designated by tlie Department of Information Technology for this purpose.

(c) Sector specific conditions: The approval of proposals for setting up of EOUs for the manufacture and export of cotton yarn, tea, rice, meat, granite and petroleum products would be subject to the conditions mentioned in Appendix-14-B.

(d) Foreign investment into EOU/EPZ/EHTP/STP shall be governed by the guidelines of Department of Industrial Policy and Promotion on the subject.

156 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1J (e) No EOU/EPZ units shall be approved unless il has an email address. The existing EOU/EPZ units arc required to have their email address, failing wliich further imports and DTA sal c may not be permitted by the Development Commissioner.

(f) Distinct Identity.— If an industrial enteiprisc is operating both as a domestic unit as well as an EOU/EPZ/ EHTP/STP unit, it shall have two distinct identities with separate accounts, including separate bank accounts. Il is, however, not necessary for il to be a separate legal entity, but il should be possible to distinguish the imports and exports or supplies effected by the EOU/EPZ/EHTP/STP units/rom those made by the other units of the enterprise.

6.8 DTA sale of finished products/rcjects/waste/ scrap and by-products.—EOU/EPZ/EHTP/STP units may sell in the DTA rejects as per paragraph 6.8 (a) of the Policy subject to the following conditions:

(a) The term 'rejects' shall cover the products which have definite manufacturing defects and are not exportable as per declaration of the unit concerned and shall include sub-standard products, but not spares, tools, waste/scrap/ remnants and by-products.

(b) The following parameters shall be kept in view for determining 'rejects'.

(i) The unit must certify that the rej ccts were an unavoidable feature on account of flaws of technology, technique or material deployed in manufacture.

(ii) 'Rejects' must be invoiced and stamped by the manufacturer as 'Rejects' at the time of clearance into the Domestic Tariff Area.

(c) DTA Sale and Bunching of products —DTA sale shall be admissible only to similar goods or which belong to the same class as that of the goods manufactured and exported from the unit. In case of doubt in regard to similarnature of goods, the matter shall be referred to the BOA for decision.

(d) Within the entitlement of DTA sale, as provided in paragraph 6.8 (b )of the Policy, the unit may sell in DTA its products and services. Entitlement will be determined in totality and not with reference to specific items. Detailed Guidelines on DTA sales are given at Appendix 14-F of the Handbook (Vol. 1).

(e) Disposal of waste/ scrap.—Norms for disposal of wastc/scrap/remnants arising out of production process and in connection therewith, including wastage or manufacturing loss on gold/silver/ platinum jewellery and articles thereof, is given in Appendix 14-M of the Handbook (Vol. 1).

(f) In respect of items not covered by Appendix- 14-M, Development Commissioner shall fix the wastage keeping in view the norms notified under Duty Exemption Scheme. For items not covered by these two, the Development Commissioner shall send proposals to the Board of Approval for decision. All cases where wastage norms have not been fixed by the Development Commissioner within 45 days from the date of receipt of application, the same shall be referred to the Board of Approval for information ulongwith reasons for delay.

(g) EOU/EPZ units may clear scrap/waste/ remnants arising out of sub-contracting of production/production process from the job worker's premises, on payment of applicable duties, or bring it back to its own premises (h) Scrap/Dust/sweeping of gold/silver/platinum may be sent to the Government of Indi a Mint/ Private Mint from the EOU/EPZ units and returned to them in standard bars in accordance with the procedure prescribed by the Customs authorities or may be permitted to be sold in the DTA on payment of applicable Customs duty, on the basis of gold/silver/ platinum content, as may be notified by Customs.

6.9 Other Supplies in DTA — (a) The unit will report the transactions in terms of sub- paragraphs 6.9 of the Policy to the Development Commissioner concerned on a quarterly basis. However, units effecting supplies in the DTA in terms of sub-paragraph 6.9 (b) of the Policy shall obtain permission from the concerned Development Commissioner, In all the cases, the unit shall indicate to the Development Commissioner concerned the quantity and value of items (category-wise), supplied in DTA and the total quantity and value of each such item produced by the unit as on the date during Uie year.

(b) The purchaser of the goods in the DTA shall be liable to pay the duties and taxes as may be applicable on the goods in question.

(c) Such DTA sales shall not affect the application to any goods of any other prohibition or regulation affecting import thereof in force at the time when such goods are imported. This157 also does not confer any immunity, exemption or relaxation at any time from any commitment or compliance with any requirements to which the importer may be subject to under other laws or regulations.

6.10 Export through Status Holder.—Permission to export goods through Status Holder/Merchant Exporter or other EOU/EPZ/EHTP/STP/SEZ units in terms of paragraph 6.10 of the Policy extends only to the marketing of the goods by the Status Holder/ Merchant exporter or other EOU/EPZ/ EHTP/ STP/ SEZ unit. Hie manufacture of the goods shall be done in the EOU/ EPZ/ EHTP/STP unit concerned. The level of NFEP and EP as well as any other conditions relating to the imports and exports as prescribed shall continue to be discharged by the EOU/ EPZ/ EHTP/ STP unit concerned. Such export shall fulfil the following conditions:

(i) The export orders so procured shall be executed within the parameters of EOU/EPZ/ EHTP/STP schemes and the goods shall be, directly transferred from the Customs bonded unit to the port of shipment.

(ii) Fulfilment of NFEP/EP by EOU/EPZ/ EHTP/ STP units in regard to such exports shall be reckoned on the basis of the price at which the goods are supplied by EOU/EPZ units to Status Holder/ Merchant Exporter or other EOU/EPZ/EHTP/ STP/SEZ unit.

(m) All export entitlements, including recognition as Status Holder would accrue to the exporter in whose name foreign exchange earnings are realised,

6.11 Samples EOU/EPZ/EHTP/STP units may on the basis of records maintained by them, and on prior intimation to Custom authority:

(a) Supply or sell samples in the DTA for display/ market/promotion up to 1 % of value of previous year's export or maximum of Rs. 10 lakhs incase of new unit going into production, on payment of applicable duties;

(b) Remove samples without payment of duty, on furnishing a suitable undertaking to Customs authoritics for bringing the samples back within a stipulated period;

(d) Samples made in wax models, silver models and rubber moulds may also be exported by Gem & Jewellery units.

6.12 Entitlement for supplies from the DTA.—(a) An application for reimbursement of Central Sales Tax and grant of entitlements in terms of paragraph 6.12 (i) of the Policy may be made to the Development Commissioner of the EPZ concerned. The procedure to be followed and the form of the application for reimbursement of Central Sales Tax (CST) is given hi Appendix 14-G of Handbook (Vol.1).

(b) The procedure for submission of application for grant of Replenishment License as contained In paragraphs 4.55 to 4.56 of this Handbook shall be applicable. However, the application shall be made to the Development Commissioner of the EOU/EPZ concerned. Such supplies to EOU/EPZ are not treated as deemed exports for the purpose of any of the deemed export benefits.

For determining deemed export benefit the price declared by the DTA unit to the jurisdictional excise authorities shall be treated as the fair price

6.13 Other Entitlements.—(a)Units set up in EPZs wi 11 be charged rent for lease of industrial plots and standard design factory buildings/sheds as per rates fixed from time to time.

(b) Corporate tax: EOU/EPZ/EHTP/STP units engaged in manufacturing and services will be eligible for entitlements in respect of payment of income tax as per the provisions of Income Tax Act.

(c) FOB value of export of an EOU/EPZ/ EHTP/ STP units may be clubbed with FOB value of export of its parent company in the DTA or vice versa for the purpose of according Export House, Trading House, Star Trading House or Super Star Trading House status.

(d) 100% Foreign Equity: 100% FDI in the manufacturing sector is permissible to the EOU/EPZ/EHTP/STP units. For FDI in services and trading sector, the sectoral norms as notified by the Department of Industrial Policy & Promotion shall be applicable.

(e) Software units may, in addition, also be allowed to use the computer system for training purpose (including commercial training) subject to the condition that no computer terminal shall be installed outside the bonded premises for the purpose.

(f) Procurement of raw materials, components and consumables and export of finished products shall be exempt from Central levies, 158 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC-. 1] (g) Exemption from industrial licensing for manufacture of items reserved for SSI sector.

(h) State Trading regime shall not apply to EOU/ EPZ manufacturing wills. Export of iron ore shall however be subject to the decision of the Government from time to time. Requirements of other conditions of exports like minimum export price/export in consumer pack etc. as per ITC(HS) shall apply in case the r aw materials are sourced from DTA. Export of textile items shall be covered by bilateral agreements. Wood based units shall comply with the direction of Hon'ble Supreme Court contained in its order dated 12,12,1996 in Writ (civil) No. 202 of 1995- T.N.Godavarman Thirrumulkpad v/s Union of India and others with WP(Civil) no 171 of 1996 in regards to use of timber/other wood,

6.14 Inter-Unit Transfer.—Inter units transfers may be undertaken as per paragraph 6.14 of the policy, 6.15 Sub-contracting.— Sub-contracting by EOU/ EPZ units shall be subject to the following conditions:—

(a) The job-worker's unit in the DTA shall be Central excise registrant;

(b) Goods shall be allowed to be sent out for subcontracting of production process only after initial processing;

(c) The goods alter the jobwork shall be brought back to the unit within the period as may be- allowed by the Assistant Commissioner/ Deputy Commissioner of Customs.

(d) The samples of the goods sent for subcontracting shall be drawn and sent in advance to the jurisdictional Customs or Central Excise authorities of the sub-contractor in DTA. Howver, this will not be required in case the sub-contracting is done through another unit in the same EPZ.

(e) Export finished goods directly from the job worker's premises may bepermitted However, export of such products from the job worker's premises shall not be allowed through third parlies as provided under paragraph 6.10 of the Policy;

(f) EOU/EPZ/EHTP units may be permitted to remove moulds, jigs, tools, fixtures, tackles, instruments, hangers and patterns and drawings to the premises of sub contractors subject to the condition that these shall be brought back to the bonded premises ofEOU/. EPZ/EHTP unit on completion of the job work within a stipulated period.

(g) Contract farming.—EOUs in agriculture/ horticulture engaged in contract fanning may on the basis of annual permission from the Customs authorities take out inputs and equipments to the DTA farm subject to the following conditions:

(i) Supply of.inputs by the EOU to the contract fann(s) shall be subject to the input-output norms notified by the Directorate General of Foreign Trade.

(ii) There shall be contract farming agreement between the EOU and the DTAfarmer(s);

(iii) The contract farm(s) shall be within the jurisdiction of the same Commissioner of Customs/Excise under whose jurisdiction the unit is registered.

(iv) The unit has been in existence for at least two years and engaged in export of agriculturc/horticulurc products; otherwise it shall furnish bank guarantee equivalent to the duty foregone on the capital goods/inputs proposed to be taken out to the Assistant Commissioner of Customs/Central Excise till the unit completes two years.

6.16 Sale of unutilized material.— Sale of unutilized material may be undertaken as per paragraph 6.16 of the policy.

6.17 Reconditioning/Repair and re-engineering — Recondition/repair and re-engineering activities may be undertaken as pcrparagraph 6 ] 7 of the Policy.

6.18 Replacement/Repair of imported/indigenous goods.— EOU/EPZ/EHTP/STP units may, on the basis of records maintained by them and prior intimation to Customs authorities:

(a) Transfer goods to DTA/abroad for repair/ replacement, testing or calibration and return

(b) Transfer goods for quality testing/R&D purpose to any recognised laboratory/ institution uplo a maximum of Rs. 2 lakhs per annum for items appearing in Hie negative list of imports and Rs 5 lakhs per annum for other items, without payment of duty, on giving suitable undertaking (o the customs Tor return of the goods. However, if the goods have been consumed/destroyed in Uie process of testing etc. a certificate from the laboratory /institution to this effect be furnished to the Customs.

159

6.19 Bonding.—The entire operations of an EOU/ EPZ/EHTP/STP shall be in a Custom bonded premises, unless otherwise specifically exempted from physical bonding.

On completion of bonding period as provided for in paragraph 6.19 ofthe Policy, it shall be open to the unit to continue under the scheme or opt out ofthe scheme. If no intimation in this regard is received from the unit within a period of six months of expiry of the bonding period, the Development Commissioner will take action, suo moto, to debond the unit. Where the unit opts to continue, the Development Commissioner concerned will extend the bonding period and determine the NFEP and EP to be achieved during the extended period.

6.20 Debonding.—(a) Broad conditions governing debonding of EOU/EPZ/EHTP/STP units are indicated at Appendix 14-J of the Handbook (Vol. 1)

(b) To facilitate resource building in educational and medical institutions, electronics units under the EOU/EPZ/ EHTP/STP scheme would be allowed by Customs/Cdhtral Excise authorities concerned to donate imported/ indigenously procured (bought or taken on loan) computer and computer peripherals, including printer, plotter, scanner, monitor, key-board and storage units without payment of duty, two years aflcrtheirimport7procurcmentand use by the units, to recognized non-commercial educational institutions, registered charitable hospitals, public libraries, public funded research and development establishments, organizations of die Government of India or Government of a Stale or Union Territory as per Custom/Central Excise notification issued in tliis regard.

(c) Debonding of capital goods imported as second hand shall not be allowed under EPCG scheme. Second hand capital goods may be allowed to be disposed off in the DTA on payment of applicable Customs duly after 2 years from date of import.

(d) Depreciation norms for capital goods.—The depreciation norms for capital goods of units, including electronics, would be subject to an overall limit of 90%as notified by the Department of Revenue.

(i) Accelerated depreciation for computers and.

computer peripherals to all units mid capital goods of JT hardware units shall be as follows¹ 10% for every quarter in the first year; 8% for every quarter in the second year;

2.5 %for every quarterindie fourth yearand diereafter.

6.21 Conversion.—(a) Conversion of an existing Domestic Tariff Area (DTA) unit into an EOU/EPZ/EHTP/ STP may be permitted. For this purpose, die DTA unitmay apply to die concerned DC, EPZ in die same manner as applicable to new units. In case dicre is an outstanding export commitment under die EPCG scheme, it will be subsumed in die export performance (EP) of die unit. If die unit is having outstanding export commitment under die Advance Licensing Scheme, it will apply to die Advance Licensing Committee for reducing its export commitment in proportion to die quantum of duty free material actually utilised forproduction and permitted to carry forward die unutilized material imported against die Advance Licence, if any, under die EOU/EPZ/ EHTP/ STP scheme.

(b) Exisdng EHTP/STP units desiring conversion as an EOU may apply to die DC of die EPZ concerned dirougli die Officer designated by die Department of Information Technology in die same manner as applicable to new units. Likewise EOU desiring conversion into EHTP/STP may apply to me officer designated by die Department of Information Technology dirough die DC of the EPZ concerned.

6.22 Monitoring of NFEP/EP and Maintenance of Account.—(a) NFEP and EP shall be monitored by die Development Commissioner in terms of paragraph 6.22 of the Policy as per die guidelines given in Appendix 14-C of the Handbook (Vol.1)

(b) The unit shall maintain in die specified form a proper account, including computerized account, of die import, consumption and utilisation of all imported materials and of die exports made by it and submit diem periodically, as may be required, ro die DC of die EOU/EPZ/EHTP/ STP concerned. The unit shall ensure minimum NFEP and EP as stipulated in Appendix I of die Policy. The unit shall also abide by all die terms and conditions incorporated in die LOP/LOl/lndustrial Licence (1L) issued to it. Failure to ejisurc minimum NFEP/EP as stipulated in Appendix-1 of the Policy or to abide by any ofthe terms and conditions of die LOP/LO1/IL shall render die unit liable to penal action under the provisions of die Foreign Trade (Development it Regulation) Act, 1992 and the Rules and Orders made thereunder widiout prejudice to any action under any other law/rules and cancellation or revocation of LOP/LOI/IL. 160 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1] tour. For Gems and jewellery exhibition/export of branded jewellery, a self certified photograph of the products shall also be submitted. In case of re-import, such items, on arrival shall be verified along with the export documents before clearance.

(b) The exports through exhibitions/export promotion tours/export of branded jewellery shall be subject to the conditions that items not sold abroad shall be re-imported within 60 days of the close of the exhibition. However, in case the exporter is participating in more than one exhibition within 45 days of close of the first exhibition, then the <>() days shall be counted from the date of close of the last exhibition. In case of personal carriage of gems and jewellery for holding/participating in overseas exhibitions, the value of such gems and jewellery shall nol exceed US Si 2 million.

(c) Personal carriage ofgolaVsilver/plalinum jew 'ellcry, precious, semi-precious stones, beads and articles as samples uplo US$1,00.000 for export promotion tours and • temporary display/sale abroad is also permitted with the approval of Development Commissioner subject to the condition that the EOU/EPZ unit shall bring back the jewellery/goods or repatriate the sale proceeds within 45 days from the date of departure through normal banking channel. In case of personal carriage for export promotion tours, the unit shall declare personal carriage of such samples to the Customs while leaving the country¹ and obtain necessary endorsement on the Export Certificate issued by the Customs.

(c) In case of export of jewellery through permitted shops set up abroad or in the showrooms of their distributors/agents items not sold abroad within 180 days shall be re-imported within 45 days.

(0 In case of sale of jewellery to foreign tourists through permitted showrooms/retails outlets af the International Airports in accordance with the procedure laid down by the Customs authorities, jewellery items unsold after a period of 60 days be exported orrclurncdlo the respective EOU/EPZ units

6.24 Personal carriage of j;ems and jewellery Export/Import Parcels (a) The procedure for personal carriage of exports parcels shall be as prescribed by Customs. The export proceeds shall, however, be realised through normal banking channel.

(b) In case of Personal carriage of jewellery by foreign bound passenger, the following documents shall be submitted by EOU/EPZ units as proof of exports.

(i) Copy of the shipping bill filed by Uie EOU/ EPZ units;

(ii) A copy of (lie Currency Declaration Form filed by the Foreign buyer with the Customs at the time of his arrival; and

(iii) Foreign Exchange Realisation/Encashment Certificate from the Bank.

(c) In addition to this. Personal Carriage by foreign bound passenger on Document Against Acceptance (DA)/ Cash On Delivery (COD) basis is also allowed. The EOU/ EPZ units will have to furnish the following documents as proof of export:-—

(i) Copy of Shipping Bill,

(ii) Bank Certificate of Export and Realisation.

(d) The procedure for personal carriage of import parcels will be the same as for import of goods by airfreight except that the parcels shall be brought to the Customs by the HOU/EPZ unit/ foreign national for examination and release. Instructions issued by the Customs authorities in this regard should be followed mutatis mutandis.

6 25 Export by Post/Courier.— In case of export through Foreign Post Office or by courier, at the time of exports, the EOU/EPZ unit shall submit the following documents:

(i) Shipping Bill or invoice presented at the Foreign Post Office.

(ii) Three copies of invoice.

(i.2() Development of infrastructure in EPZs.— Development of Infrastructure, including construction of Standard Design Factory Buildings in an EPZ may be undertaken through privalc/joint/State sector as per the guidelines given in Appcndix-14-H of Handbook (Vol-1).

6 27 Administration of EOU/EPZ units: Powers of approval of Development Commissioner.—Ap;irt from the original powers under the Policy and Handbook (Vol. 1), Ihc Development Commissioners have been delegated with (he follow ing powers in respect ofEOU/EPZ units :

(a) Approval of units: Applications for setting up or units in EPZ or as EOU outside the EPZ, other than proposals for setting up of unit in the services scclor (except software and IT enabled services, or any other service activity as may be delegated by the BOA) reconditioning, repair and recngineering and conversion of sick/closed DTA unit into EOU. satisfying (he following conditions, may be approved by the Development Commissioner (i) the item of manufacture does not require an industrial license under the Industries (Development & Regulation) Act, 1951;

(ii) location of the unit is cither in the EPZ (for which availability of space and conformity with environment and other standards of E}PZ have been confirmed) or in an area ojherthan the EPZ for which161 the locational conditions stipulated by the Department of Industrial Policy & Promotion have been complied with;

(iii) the unit undertakes to achieve the minimum NFEP and EP as stipulated in Appendix I of the Policy;

(iv) Foreign technology agreement, if any, is as per ihc RBI guidelines;

(v) Conversion of existing DTA unit into EOU conforms to paragraph (>.21 above;

(vi) Conversion of EOU lo STP/EHTP and vice versa as per procedure laid down in paragraph 6.21 above;

(vii) EOU/EPZ units shall have separate ear- marked premises for separate LOP/LOI. Similarly. EOUs may be approved on leased premises provided Ihe lease has been obtained from Government/ Department/Undertaking/Agency.

(vii) Approval Tor setting up of EOU/EPZ units shall be given by the Development Commissioner after personal hearing and satisfying the criteria indicated at Appendix 14-B of the Handbook.

(b) Powers for post approval matters

(i) Currency Fluctuation: To allow increase in tlie value of capital goods in terms of Indian Rupees, on account of foreign- exchange rate fluctuations.

ii) Enhancement of production capacity : To permit capacity enhancement without any limit in case of de-liccnsed industries only

(iii) Broad banding: Broad-banding shall be considered by the Development Commissioner only for similar goods and activities mentioned in the LOP/LOI or to provide for backward or forwarded linkages lo the existing line of manufacture.

(iv) Change in name: To authorise change in name of the company or the implementing agency and change from a company to another provided the new implementing agency/company undertakes lo take over the assets and liabilities of the existing unit.

(v) Change of location/expansion: To permit change of location from the place mentioned in the LOP/LOI to another 1079 GI/2002—13A

and/or include additional location provided that:

(a) no change in other terms and conditions of the approval is envisaged;

(b) the new location is within the territorial jurisdiction of the DC;

(c). other locational, zoning, land-use or environmental conditions are also complied with;

(d) Extension of validity of LOP/LOI: To extend validity period of LOP/LOI by two years beyond the initial validity period of the LOP/LOI (except in case where there is a restriction on initial period of approval, like setting up of oil refinery projects);

(e) To recommend extension of LOP/LOI to BOA along with field inspection report of the unit for the sixth year;

(f) The Development Commissioner may also cancel LO1/LOI/IL wherever warranted.

(vi) Merge of two or more EOU/EPZ units : To permit merger of two or more units into one unit provided the units fall with in the jurisdiction of the same DC subject to the conditions that the activities are covered under the provision of broad binding.

(vii) Development Commissioner has been dele- gated with powers of adjudication under Section 13 read with Section 11 of Foreign Trade (Development & Regulation) Act, 1992 in respect of EOU/EPZ units as mentioned in Gazette Notification No. S.O. 194(E) dated 6-3-20W.

(viii) Eviction of EPZ unit under Public Premises Act. (i\) In case the rent on the plot/built up premises allotted lo EPZ units is in arrears or if the plot/ shed is not utilised for the purpose for which the same has been allotted, the Development Commissioner shall have the power to get the premises vacated under the Public Premises Act.

(x) Development Commissioner has been authorised to do valuation of exports declared on SOFTEX form by the units located in Export Processing Zones as per RBI A.D. (M.A. Series) Circular No. 35 dated 25-11-1999 and A P (DIR series Circular No.9 dated 25-10-2001) for EOUs.

162 THE GAZETTIZ OF INDIA : EXTRAORDINARY [PART I—SET 1] (\i) Development Commissioner has been export of professional services.

79 GI/2002—13B163 7. J Leasing of Capital Goods :—(a) Capital goods procured from indigenous sources on the basis of lease ;igivr:nenl between Ihc leasing company and the SEZ unit '\ ill i'C eligible for Ccnir.il Hxcise exemption.

(b) Failure to ensure positive NFE or to abide by any of the terms and conditions of the LOP/LOI/IL shall render die unit liable to penal action under the provisions of the Foreign Trade (Development & Regulation) Act, 1992 and the Rules and Orders made thereunder without prejudice to action under any other law/rules and cancellation or revocation of LOP/LOI/IL.

(h) The value of imported capital goods financed duough leasing companies or obtained free of cost and/or loan basis shall also be taken into account for (he purpose of calculation of Net Foreign exchange Earning (NFE)

7.4 Net Foreign exchange Earning (NFE):— NFE under SEZ scheme shall be calculated according to the lollon ing formula:

Positive Net Foreign exchange Earning (NFE)=A-B>0

Where

A is the FOB value of exports by the SEZ

(c) The unit shall be able to account for the entire quantity of each category of homogenous goods imported/ procured duty free, by way of exports, sales/supplies in DTA or transfer to other SEZ/EOU/EPZ/EHTP/STP units and balance in stock. However, at no point of time the units shall be required to co-rclaie every import consignment with iis cxports.transfer to other SEZ/ EOU/EPZ/EHTP/ STP units, sales in the DTA and balance in stock. Any matter for clarification as to whether goods are homogenous or not shall be decided by the Commi ttee as provided for in paragraph 7.5 of the Policy.

unit, and

7.6 Legal Undertaking :—The approved SEZ unit shall be required to execute a legal undertaking with the Development Commissioner concerned in the form given in Appcndix-HDofthe Handbook (Vol.1).

R is the sum total of the CIF value of all imported inputs, Ihc CIF value of all imported capiial goods, and the value of all payments made in foreign exchange by way of commission, royalty, fees, dividends, interest on external borrowings during the first five year period or any other charges "Inputs incjin raw materials, intermediates, components, consumables, parts and packing materials

7.7 Approvals and Applications includingLOP/LOL Renewal of Appioval:—(a) For setting up a unit in an SEZ, three copies of the application in the form given in Appcndix-14 A of the Handbook (Vol. I) may be submitted to the Development Commissioner (DC) of the SEZ concerned.

Note : - (i) If any goods are obtained from another SEZ/EOU/EPZ/EHTP/STP unit or procured front an international exhibitions held in India the value of such goods shall be included under B.

(b) Proposals for setting up units in SEZ other than those requiring industrial licence may be granted approval by the Development Commissioner within 15 flays as per the procedure indicated in Appendix-14 B.

(ii) If any capital goods imported duty free is leased Ironi a leasing company, received free of cost and/or on loan basis or transfer, ihc CM¹ value ol'the capital goods shall be included or excluded, as the case may be, pro-raia. under B for Ihc period it remains with each unit

(c) Proposals for setting up units in SEZ r '.airing industrial licence and conversion of EOU into SEZ unit may be granted approval by the Development Commissioner after clearance of the proposal by the SEZ Board of Approval and Department of Industrial Policy and Promotion within45 days.

(iii) For annual calculation of NFU, the value of imported capital goods and lumpsum payment ol foreign technical know-how Ice shall be amortized asunder:

I si -2nd \ car ?'.' <> each year

"irdolli Year • 10 "<'> eacli year

(d) Letter of Permission (LOP)/Letter of Intent (LO1) issued to SEZ units by the Development Commissioner shall be valid for a period of 3 years only -md uc-'ia u. construed as a licence for all purposes. Mieiutling ±oi procurement of raw material and consumables f.itiier directly or through slate trading enterprises.

tilli-Kth Yen ,' 20",, each year

ICI Eacli LOP/LO1 shall have separate car-n,:>rked premises and shall specify the items o' manufacturc/serv^." activity, annual capacity, projecicc' ur-Mial export for the first five years in dollar terms. Net Foreign exchange Earnings (NFE), limitations, if any, regaining sale of finished goods, by-products and rejects in the D FA and such other matter as may be necessary and ^Iso impose such conditions as may be required.

7 S Maintenance of accounts and monitoring of units :—(a) S\V/, unit shall maintain proper account, in formal coin cnicnt to it including comnuteri/cd account, financial year-wise and make available on-line 1o the Development Commissioner/Customs information in the formal prescribed at Appendix 14-D and till such time on- line connectivity is established submit the same quarterly to Ihc Development Commissioner/Customs.

164 THE GAZETTE OF INDIA : EXTRAORDINARY [PAKTI-^SEC. ¹] (f) In case of any change in approved activity or

undertaking any new activity by SEZ units, the Development Commissioner shall issue amended LOP within six days on receiving intimation from the unit.

(c) All export entitlements, including recognition as status holder would accrue to the exporter in whose name foreign exchange earnings arc realized.

(g) Standard format for LOP/LOI for SEZ units is

given in Appendix 14 C of the Handbook (Vol.1).

7.11 Other Entitlements.—(a) Units set up in SEZs will be charged rent for lease of industrial plots and standard design factory buildings/ sheds as per rated fixed from time to time,

(b) Corporate tax: SEZ units engaged in (h) On completion of five years approval period, it shall be open to the unit to continue under the scheme or opt out of the scheme. Where the unit opts to continue, the DC concerned may extend the approval.

manufacturing and services will be eligible for entitlements in respect of payment of income tax as per the provisions of Income Tax Act.

7.8 DTA Sale.— SEZ units may sell goods including by products and services in the DTA on payment of applicable duties

(c) FOB Value of export of an SEZ unit canbe clubbed with FOB value of export of its parent company in the DTA, or vice versa, for the purpose of according Export House, Trading House, Star Trading House or Super Star Trading House status.

7.9 Entitlement for supplies from the DTA.—(a) An application for reimbursement of Central Sale Tax (CST) and grant of entitlements in terms of paragraph 7,9 of the Policy may be made to the DC of the SEZ concerned. The procedure to be followed and the form of the application for reimbursement of CST is given in Appendix 14-G of the Handbook (Vol. I)..

(d) Foreign Investment: Foreign Equity up to 100% is permissible for all manufacturing activities in Special Economic Zones (SEZs), except for the following activities:

(1) arms and ammunition, explosives and allied items of defence equipment, defence aircraft and warships;

(ii) atomic substances;

(iii) narcotics and psychotropic substances and

hazardous chemicals;

(iv) distillation and brewing of alcoholic drinks;

(b) The procedure for submission of application for grant of Replenishment Licence for cut and polished diamonds, precious and semi-precious stones, synthetic stones and processed pearls as contained in chapter 4 of the Handbook (Vol.1) shall be applicable. However, the application shall be made to the Development Commissioner of the SEZ concerned. Such supplies to SEZ are not treated as deemed exports for the purpose of any of the deemed export benefits.

and

(v) cigarettes/cigars and manufactured tobacco

substitutes.

(e) Sectoral norms as notified by the Government shall apply to foreign investment hi services and trading activities.

(f) SEZ units may retain 100% of their export proceeds

in their EEFC account.

7.10 Export through status holder/Merchant exporter or other EOU/EPZ/EHTP/STP unit—Permission to export goods through status holder/merchant exporter or other SEZ/EOU/EPZ/ SEZ/EHTP/STP units in terms of paragraph' 7.10 of the Policy extends only to the marketing of the goods by the status holder/merchant exporter or other SEZ/ EOU/ EPZ/ EHTP/STP unit. The manufacture of the goods shall be done in the SEZ unit concerned, Achievement of positive NFE and any oilier conditions relating to the imports and exports as prescribed shall continue to be discharged by the SEZ unit concerned. Such export shall fulfill the following conditions:

(g) Export value of goods and software by SEZ units may be realized and repatriated to India within 12 months from the date of export or within the time extended by Reserve Bank of India.

(a) The export orders so procured shall be

executed within the parameters of SEZ Scheme and the goods shall be directly transferred from the Customs bonded unit to the port of shipment.

(h) Software units may, in addition, also be allowed to use the computer system fortraining purpose (including commercial training) subject to the condition that no computer terminal shall be installed outside the Zone premises for the purpose,

(i) Procurement of raw materials and export of

finished products shall be exempt from Central levies.

(j) Exemption from industrial licensing for

manufacture of items reserved for SSI sector.

(b) Fulfillment of positive NFE by SEZ unit in regard to such exports shall be reckoned on the basis of the price at which the goods arc supplied by SEZ units to the status holder/ merchant exporter or other EOU/ EPZ/SEZ/ EHTP/STP unit.

165

713 Debonding and Depredation norms for Capital goods.—(a) Broad conditions governing debonding of SEZ units are indicated at Apperidix-14 J of the Hand Book (Vol. I).

(b) The depreciation norms for capital goods, including computers, computer peripherals and electronics, shall be subject to an overall limit of 90% as notified by the Department of Revenue.

(c) Depreciation for computers and computer peripherals for all SEZ units and for capital goods of IT hardware/electronic units shall be as follows:

(k) State Trading Enterprises Policy shall not apply to SEZ manufacturing units. Export of iron ore shall however be subject to the decision of the Government from time to time. Requirements of other conditions like minimum export price/export in consumerpack as pcrExim Policy shall apply in case the raw materials are indigenous, Export of textile items shall be covered by bilateral agreement*, if any. Wood based units shall comply with the direction of Hon'ble Supreme Court contained in its order dated 12.12.1996 in Writ (Civil) No. 202 of 1995- T.N.Godavarman Thirrumulkpad v/s Union of India and others with WP(Civil) No 171 of 1996 in regard to use of timber/other wood,

10 % for every quarter in the first year,

8 % for every quarter in the 2nd year,

7 % for every quarter in the 3rd year.

(d) For capital goods, other than above, the (1) SEZ unit may install one fax machine at a place of its choice, outside the Zone, subject to intimation of its location to the concerned Customs/Central Excise authorities.

depreciation rate shall be as follows:

4 % for every quarter in the first year, (m) SEZ units may, temporarily take out of the Zone duty free laptop computers and video projection systems for wprking upon by persons authorised by unit.

3 % for every quarter in the second and third year,

2.5 % for every quarter in the fourth year and thereafter.

(n) SEZ units may install personal computers not exceeding two in number imported/ procured duty free in the registered/administrative office subject to the guidelines issued by Department of Revenue in this behalf.

(o) For IT and IT enabled services, persons authorized by the software units may access the facility installed in the SEZ unit through communication links.

(e) Debonding of capital goods imported as second hand shall not be allowed under EPCG scheme. Moreover, no debonding on payment of applicable duties shall be allowed in respect of second hand capital goods imported on or after 1.4.99, for a period of at least 3 years from Uie date of imports.

7.12 Sub Contracting.—(a) Goods shall be allowed to sent out in the DTA for sub-contracting of production process only after initial processing.

(b) Finished goods may be brought back to the unit for export or may be exported directly from the job worker's premises provided such premises arc registered with the Central Excise authorities. Export of such products from the job worker's premises shall not be allowed through uiird parties as provided for under paragraph 7.12 of the Policy.

7.14 Export through Exhibitions/Export Promotion Tours /Export of Branded Jewellery/ sale through Show rooms abroad/ International airports.— (a) SEZ unit shall produce to the Customs authorities the letter in original or its certified copy containing approval of the Development Commissioner for holding exhibitions/export promotion tour. For Gems and jewellery exhibition/export ofbranded jewellery, a sell-certified photograph of the products shall also be submitted. In case of re-import, such items, on arrival shall be verified along with the export documents before clearance.

(c) In case of sub-contracting of production in the DTA in terms of paragraph 7.12 of the Policy, a sample of tjic export product being sub-contracted shall be sent in advance to the jurisdictional Excise authorities of the sub-- contractor in die DTA.

(d) In case of SEZ units undertaking job work for export on behalf of DT A unit in terms paragraph 7.12 (d) of the Policy, the finished goods shall be exported directly from the SEZ unit and export documents shall be in the name of DTA unit.

(b) The exports through exhibitions/export promotion tours/export of branded jewellery shall be subject to the conditions that items not sold abroad shall be re-imported witliin 60 days of the close of the exhibition. However, in case the exporter is participating in more than one exhibition witliin 45 days of close of the first exhibition, then the 60 days shall be counted from the date of close of the last exhibition. In case of personal carriage of gems and jewellery for holding/participating in overseas exhibitions, the value of such gems and jewellery shall not exceed US $2 million.

(c) Personal carriage of gold/silver/platinum jewellery, precious, semi-precious stones, beads and articles as samples (c) SEZ units may be permitted to remove moulds,, jigs, tools, fixtures, tackles, instruments, hangers and patterns and drawings to the premises of sub-contractors subject to the conditions that these shall be brought back to the bonded premises of SEZ units on completion of the job work within a stipulated period.

166 THE GAZETTE OF INDIA ; EXTRAORDINARY [PARTI— She. lj

exports, the SEZ unit shall submit the following documents:

(i) Shipping Bill or invoice presented at the

Foreign Post Office.

(ii) Three copies of invoice.

upto US $ 1,00,000 for export promotion lours andtemporary, display/sale abroad is also permitted with the approval of Development Commissioner subject to the condition tlmt the SEZ unit shall bring back the jewellery/goods orrepatriate the sale proceeds within 45 days from the date of departure through normal banking channel. In case of personal carriage for export promotion tours, the unit shall declare personal carriage of such samples to the Customs while leaving the country and obtain necessary endorsement on the Export Certificate issued by the Customs.

(d) In case of export of jewellery throughpermitted shops set up abroad or in the showrooms of their distributors/agents items not sold abroad within 180 days shall be re-imported within 45 days.

7.17 Disposal of Scrap/waste.— Scrap/dust/ sweeping of gold/silvcr/platinum m;iy be sent to the Government of India Mint/Private Mint from the SEZ units and returned to them in standard bars in accordance with the procedure prescribed by the Customs authorities or may be permitted to be sold in the DTA on payment of applicable Customs duty, on the basis of gold/silver/ platinum content, as may be notified by Customs authorities.

(c) In case of sale of jewellery to foreign tourists through permitted showrooms/retails outlets at the International Airports in accordance with the procedure laid down by the Customs authorities, jewellery items unsoldafter a period of 60 days be exported orretumedto the respective SEZ units,

7.18 Replacement and Repair of goods (a) The units may re-import, after repairs abroad, machinery/equipment exported by them for specific purpose on the basis of maintenance of records. Any foreign exchange payment forthis purpose will also be allowed.

(b) SEZ units may, on the basis of records maintained 7.15 Personal carriage of gems and jewellery

by them and on prior intimation to Customs Authorities:

0) Transfer goods to DTA for repair/replacement,

testing oT calibration and return.

Export / Import Parcels.— (a) The procedure forpersonal, carriage of exports parcels shall be as prescribed by Customs. The export proceeds shall, however, be realised through normal banking channel.

(b) In case of Personal carriage of j cvvellery by foreign

bound passenger, the following documents shall be submitted by SEZ units as proof of exports.

0) Copy of the shipping bill filed by the SEZ

units ;

(ii) Transfer goods for quality tcsting/R & D purpose to any recognised laboratory/ institution up to a maximum of Rs. 2 lakhs per annum for items appearing in the negative list of imports and Rs. 5 lakhs per annum for other items, without payment of duty, on giving suitable undertaking to the customs for return of the goods.

(ii) A copy of the Currency Declaration Fonn filed by the Foreign buyer with the Customs at Uie time of his arrival; and

(iii) Foreign Exchange Realisation/ Encashment

Certificate from the Bank.

However, if the goods have been consumed/destroyed in the process of testing etc. a certificate from the laboratory/ institution to this effect shall be furnished to the Customs.

(c) In addition to this. Personal Carriage by foreign bound passenger on Document Against Acceptance (DA)/ Cash On Delivery (COD) basis is also allowed. The SEZ units will have to furnish the following documents as proof of export.

(i) Copy of Shipping Bill.

7.19 Management of SEZ/ Power of D C— (a) Registering authority for SEZ units, shall be the Development Commissioner of the SEZ concerned A separate RegistTdtion-cum-Me.mbcrsliip Certificate shall noi be required in then- cases as provided for in paragi aph 2 44 of the Policy.

(ii) Bank Certificate of Export and Realisation.

(b) Importer-Exporter code number for SEZ units shall be allotted by the Development Commissioner concerned.

(d) The procedure forpersonal carriage of import parcels will be the same as for import of goods by airfreight except that the parcels shallbe brought to the Customs by the SEZ unit/foreign national for examination and release.

Instructions issued by the Customs authorities in

this regard should be followed mutatis mutandis.

If an industrial enterprise is operating both as a domestic unit as well as an SEZ unit, it shall have two distinct identities with separate accounts, including separate bank accounts. It if, however, not necessary for it to be a separate legal entity, but it should be possible to distinguish the imports and -Aports or supplies effected 7.16 Export by Post/ Courier.—In case of export through Foreign Post Office or by courier, at the time of167 by the SEZ units from those made by the other uni ts of the enterprise.

(c) Apart from the original power delegated under the policy and the Handbook of Procedure (Vol. I), the Development Commissioners of SEZ have been delegated with the following powers in respect of SEZ units (i) Approve all matters relating to post approval operation of the unit including import/ procurement of additional capital goods, increase in value of capital goods •;: account of foreign exchange rate fluctuations, enhancement of production capacity, broad banding/diversification, change in name of the company or the implementing agency and change from a company to another provided the new implementing agency/company undertakes to take over the assets and abilities of the existing unit and merger of two or more SEZ units.

(ii) Exercising of powers of adjudication under Section 13 read with Section 11 of Foreign Trade (Development & Regulation) Act. 1992 in respect of SEZ units.

(iii) Get the premises vacated under the Public Premises Eviction Act in case the rent on the plot/built up premises allotted to the units is in arrears or if the plot/shed is not utilised for the purpose for which t'ies;>Tne has been allotted.

(iv) Valuation of exports declared on SOFTEX form by the units located in Special Economic Zones.

(v) Issuing eligibility certificates for grant of employment visa to low level foreign technicians to be engaged by SEZ units.

(vi) Approve applications for setting up of units in SEZ other than proposals for setting up of unit in the services sector (except software and IT enabled services, trading or any other service activity as may be delegated by the BOA), provided that the item of manufacture does not require an industrial licence under the Industries (Development

(vii) Green Card will be issued by the DC concerned to SEZ units automatically afier execution of Legal Undertaking.

7 20 Setting up of SEZ in Private/Joint'State Sector.— Guidelines for setting up of Special Economic Zones in the public/private/joint Sector or by the State Government is given in Appendix- 14 - I of Hand bookVol(I).

CHAPTER—8 DEEMED EXPORTS

8.1 Policy.—The Policy relating to Deemed Exports is given in Chapter-8 of the Policy.

8.2 Benefits to the supplier.— In respeel of supplies made intcrms of paragraphs 8.2(a) of the Policy, the supplier shall be entitled to Advance Licence for intermediate supply.

8.2.1 Ifthe supplies Im\ .nattc the against Advance Release Ordcr(ARO)oiB.ick (o Back Letter of Credit issued against Advance : iccncc, in terms of paragraphs 4.18 and 1,19 of the Policy, supplier shall be entitled to the benefits listed in paragraphs 8.3(b) and (c) of the Policy, whichever is applicable.

8.2.2 However, in such cases where Advance Release Order (ARO) or Back to Back Letter of Credit has been issued against DFR C, in terms of paragraphs 4.18 and 4.19 of the Policy, supplier shall be entitled only to the benefit listed in paragraph 8.3(b) oflhePolicy.

8 2? In respect of Mipph of goods to EOU/EPZ/ SEZ/EHTP/ STP in terms oi"paragraphs K.2 fb) ofthePolicy. the supplier shall be entitled to the benefits listed in paragraph 8.^(a), (b)and (c) of the Policy, whichever is applicable.

8.2.4 In respeel of supplies made under paragraphs 8.2 (c) (d) (f), (g) and (j) of the Policy, the supplier shall be entitled to the benefits enumerated in paragraphs 8.3(a), (b) and (c),whichever is applicable.

8.3 In all cases of deemed exports, supplies shall be made directly to the designated Projects/Agencies/Units/ Advance Licence/EPCG licence holders. The sub- contractor may, however, make the supplies to the main contractor as per paragraph 8.7 instead of designated projects/agencies.

8 6 Procedures for claiming deemed exports benefit (i) The procedures for issue of ARO and Back to Back Inland Letter of Credit, in respect of supplies under paragraph 8.2(a) of the Policy, is given in paragraphs 4.14 and 4.15 of this Handbook.

riii For the purpose of claiming deemed export benefits, if any, the indigenous supplier shall produce documentary evidence substantiating the realisation of proceeds from the recipient through the normal banking channel in the form given in Appendix-22A as well as a copy of ARO/Non-negotiable copy of Back to Back Inland Letter of Credit.

8.6.1 In respect of supplies under paragraphs 8.2 (b) of the Policy, the DTAunit shall claim the 168 THE GAZETTE OF INDIA : EXTRAORDINARY [PARTI—SEC. 1]

Competitive Bidding, without reference to bid evaluation methodology.

The domestic supplier, under paragraph 8.2(e) of the Policy, shall be eligible for the benefits listed in paragraphs 8 3(a) and (b) of the Policy, whichever is applicable Advance Licence Tor deemed export from the concerned licensing authorities. Alternatively, the DTA unit may claim deemed export drawback from the concerned Development Commissioner. However, for supplies to EHTP/ STP, the DTA unit shall claim deemed export benefits from the licensing authorities concerned.

Such supplies shall be certified by the receiving agencies.

Supplies under paragraph 8.2(b) of the Policy would be eligible for refund of Terminal Excise duty (TED) to the EOU/EPZ units upon furnishing proof of payment of TED and a disclaimer certificate from the DTA supplier (hat he shall not be claiming refund of TED paid by him.

8.6.5 The benefit of deemed exports underparagraph 8.3(f) of the Policy would be available for the supplies of goods specified in list 12 for categories specified in S.No.214,216 and 217 of Department of Revenue notification No.21/2002-Customs dated 1/3/2002, as amended from time to time, required in connection with petroleum operations undertaken under petroleum exploration licences or mining leases as the case may be, issued or renewed after 01.04.1999 and granted by the Government of India or any State Government to the Oil and Natural Gas Corporation or Oil India Limited on nomination basis, and petroleum operations undertaken under specified contracts including those new exploration licensing Policy.

These supplies shall be regarded as deemed exports under the said Policy, provided the goods are manufactured in India, and shall be eligible for deemed export benefits given under paragraph 8.3(a) (b) and (c), whichever is applicable of the Policy.

8.6.2 In respect of supply of capital goods under paragraphs 8.2 (c) of the Policy. The supplier shall produce a certificate from the respective Excise authorities evidencing supplies/receipt of the manufactured capital goods and shall produce documentary evidence substantiating the realisation of proceeds from the EPCG licence holder llirough the normal banking channel in the form given in Appendix- 22 A.

8.6.3 In respect of supplies under categories mentioned in paragraphs 8.2(U). (c), (0, (g). (h) and (j) of the Policy, payment against such supplies shall be certified by the Project Authority concerned, as prescribed in form given in Appcndix-12A.

8.6.6 The supply of capital goods and spares upto 10% of the FOR value of the capital goods to the power projects in terms of paragraphs 8.2(g) shall be entitled for deemed export benefits provided the same is certified by the Central Electricity Authority and the International Competitive Bidding procedures have been followed, at IPP stage, for supply of such capital goods to the power projects. The domestic supplier shall be eligible for the benefits listed in paragraphs 8."! (a) and (b) of the Policy - Thc benefit of deemed exports shall also be available for renovation/modernisation of power plants, whichever is applicable.

However, in respect of supplies mentioned in paragraph 8 2(d), supplies to the projects funded by such agencies alone, as may be notified by Department of" Economic Affairs, Ministry of Finance, shall be eligible for deemed export benefits. A list of such agencies/funds is given in Appcndix-T3

8.6.4 Supplies under category mentioned in

paragraphs 8.2 (c) ofihc Policy shall be for the plants being set up at Kakinnada, Gadcpan, Babrala and Shahjahanpur and those which may have been set up or expanded/ rc\ ainpcd/rctrofiltcd/modcmiscd during the Eighth Plan period, provided such supplies arc made under the procedure of International Competitive Bidding.

8.6.6.1 However, supply of goods mentioned in list 42 required for setting up of any mega power projects specified in S.No 400 of Department of Revenue notification No 21/2002-Customs dated 1/3/2002. as amended from time to lime, shall be eligible for deemed exports benefits as mentioned in paragraph 8 3(a)(b) and (c) of the Policy, whichever is applicable, if such mega powerproject is - (a) an inter state thermal power plant of a capacity of 1000 MW or more: or

Supplies of capital goods (excluding office machines howsoever described) and spares upto 10% of the FOR value of such capital goods alone shall be eligible for the deemed export benefits.

(b) an inter-state hydcl powerplant of a capacity of 500 MW or more as certified by an officer not below the rank of a Joint Secretary, Government of India in the Ministry of Power.

8 6.6.2 Supplies under paragraph 8.2(g) of the Policy to the new refineries being set up during the Ninth plan period, shall be entitled for deemed export benefits in respect of goods meniioncd in list 17 specified in S.No.228 8 6.4.1 The benefit of deemed exports shall also be available in respect of supplies ofcapital goods and spares to fcriili/.cr plants which arc set up or expanded/revamped/ retrofitted/ modernised during the Ninth Plan provided such supplies arc made under the procedure of International169 of Notification No.21/2002-Customs dated 1.3.2002, as amended from time to time. The domestic supplier shall be eligible for the benefits given in paragraph 8.3 (a) and (b) of the Policy, whichever is applicable.

8.6.7 Supplies to UN Organisation.—The supplies of goods to projects funded by UN agencies shall be eligible for the benefits given in paragraph 8.3(a) and (b) of the. Policy, whichever is applicable.

8.6.8 Supplies to nuclear power project—Supply of goods reqtiired for setting up any nuclear power project specified in list 43 specified in S.No.401 of Notification No.21 /2002-Customs dated 1.3.2002, as amended from time to time having a capacity of 440 MW or more as certified by an officer not below the rank of Joint Secretary of Government of India in the department of Atomic Energy shall be entitled for deemed exports benefits in cases where the procedure of competitive bidding (and not international competitive bidding) has been followed The domestic supplier supplying to such nuclear power projects shall be entitled for the benefits given in paragraph 8.3(a)(b) and (c) of the Policy, whichever is applicable.

8.7 Benefits to sub-contractor —Supplies made by an Indian sub-contractor of an Indian or foreign main contractor, shall also be eligible for deemed export benefits provided the name of the sub-contractor is indicated either originally or subsequently in the contract, and payment cert ificate is issued by the project authority in the name of the sub-contractor in the form given in Appendix 12 A. In respect of supplies made by sub-contractor to the main contractor under paragraph 8.2 (d)(e)(f) (g)(i)and(j)'- the main contractor may make payment to the sub- contractor and issue payment certificate in the form given in Appendix-12 A as Form 1 -C. However, for supplies under paragraph 8 2(d) (e) (f) (g) and (j), the payment certificate from main contractor shall not be insisted for refund of Terminal Excise duly. The deemed exports benefits to the sub-contractor would be available to the extent of goods that arc manufactured and supplied by him or outsourced from other manufacturers, for the value as indicated in Appendix 12-A.

8.8 Procedure for claiming benefits.—The procedure for claiming benefits under paragraph 8.3 (b) and (c) of the Policy shall be as under.—

(i) An application in the form given in Appeadix- 12B. alongwith the documents prescribed therein, shall be made to the Regional Licensing Authority concerned.

effected. The claim may be filed cither covering the payment certificate received for the supplies against apariicularproject or supplies to all the projects effected during the month/ quarter/half year as per the option of the applicant. In addition, the applicant shall also have the option to file claim covering all the supplies to a project.

Such claims shall be filed within a period of six months from the end of monthly/quartcrly/half yearly period as per the option of the applicant which shall be counted from the date of receipt ofthe payment certificate or from the date of certificate of receipt of the supplies by the Project Authority as per the applicant's option.

8.8.1 The application shall be filed within aperiod of six months from the end of the monthly/quartcrly/half yearly period, as per the option of the applicant. Such claims may also be filed even where part payment certificates have been received.

8.8.2 Where no All Industry Rate of Drawback is available or the same is less than 4/5lh of duties actually paid on the materials or components used in the production or manufacture of the said goods, the exporter/supplier may apply to the DGFT (Hqr.) forfixation of brand rate in the form given in Appendix 12B. In such cases, for each claim filed with concerned licensing authority, a corresponding application for fixation of brand shall be filed with DGFT (Hqr ) indicating the RLA file/ correspondence no., ifany, to facilitate cross referencing.

8.8:3 The time limit, frequency, etc. for filing applications for fixation of brand rate of duty drawback shall be the same as for filing the claims indicated in sub paras 8 8(ii) & 8.8 1 above. The provision of late cut as given in paragraph 9.3 shall also be applicable under this sub-paragraph.

8.8.4 Regional Licensing Authorities may consider provisional payment to the extent of 75% of the drawback claim in the case of private companies and 90% in the case of Public Sector Undertakings, pending fixation of Brand Rate.

8.8 5 Subject to the procedure laid down in this Handbook, the Customs and Central Excise Duty Drawback Rules, 1995 shall apply mutatis-mutandis to deemed exports,

CHAPTER-9

(ii) The claim shall be filed against payment MISCELLANEOUS MATTERS

certificate received on monthly basis/quarterly. basis/half yearly basis, except for supplies under paragraph 8.2 (d), (e),(f) (g) and (j), where it may be filed cither on the basis of payment certificate or on the basis of proof of supplies 9. ] Change In Name and Constitution.—If there is any change in the name/address or constitution of IEC holder/licensee/Actual User eligible for import without a licence/recognised status holders, the concerned IEC 17'J THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1] holder/ liceis-.ee/Actual User/status holders, as the case- may be, skill cease to be eligible to import or export against the hcence/IEC No. or any other facility permitted under the Policy and Handbook, after expiry of 60 days from the date of such change in his name or constitution, unless in the meantime,

(a) the IEC holder/licensee/status holders has got the consequential changes effected in the IEC No./ licence or the recognition certificate, as the case may be, by the concerned licensing authority:

(b) the Actual User has got the consequential ciiansjes effected from the concerned authority in the industrial Licence issued by the Secretarial' ror Industrial Assistance (Ministry of Comi.'uce and Industry) or Certificate of Registration as an Actual User issued by Director of Industries of the State Government or lias received an acknowledgment for filing of a memorandum with the Secretariat for Industrial Assistance-Provided, however, the licensing authority issuing the IE Code may, condone the delay on payment of a penalty of Rs. 5000/-.

However, the change in the director of a public limited ipany shall not be considered as a change in the constitution of the company.

9.2 Denomination of Import Licence/Certificate/ Permissions.—Import Licence/Certificate /Permissions issued under the Policy shall indicate the value both in Rupees and in freely convertible currency(s) at the exchange rate(s) prevailing on the date of issue of the Licence/ Certificate /Permission. In the case of Licence/Certificate / Permissions where export obligation is imposed, the value of the export obligation shall be indicated both in freely convertible currency(s) and in Rupees equivalent at the exchange rate(s) prevailing on the date of issue of the Licence/Certificate /Permission. Such exchange rate(s)#shall also be indicated on the import Licence/Certificate/ Permission.

9.2.1 The remittance of foreign exchange and discharge of export, obligation against the Licence/ Certificate/Permission shall, however, be regulated in freely convertible currency. No enhancement in Rupee value shall be necessary if the remittance of foreign exchange is covered by the value of Licence/Certificate /Permission shown in freely convertible currency.

9 2.2 However, on the Advance Licence(s), issued for exports to ACU countries, export obligation shall be denominated and discharged in ACU dollars.

9.2.3 The export obligation against Advance Licence for intermediate supply and Advance Licence for deemed export, where supplies are to be made within the country.

shall be denominated in Indian rupees and the export obligation shall be discharged in Indian rupees with reference to the CIF value of imports in Indian rupees irrespective of CIF value indicated on the licence.

9.3 Applications Received After Expiry of Prescribed date of receipt.—Wherever any application is received after the expiry of the last date for submission of such application but within six months from the last date, sueh application may be considered after imposing a late cut @ 10% on the entitlement.

9.4 Supplementary Claims.—Wherever any application for supplementary claim is received, within the specified time limits, such application may also be considered after imposing a cut (a) 10% on the entitlement.

9.5 Furnishing of Information.—Every importer/ exporter shall furnish such information as may be called for by the Director General of Foreign Trade or any officer duly authorised by him.

9.6 Clarifications On Policy/ Procedures.—A request seeking clarifications on any provision of the Policy or Handbook of procedures, importability or exportability of items under ITC(HS). maybe made to the Director General of Foreign Trade in the form given in Appendix-19. The clarification may also be sought on E-Mail.

9.7 Consumption Register.-—The importer shall maintain a register of items imported under a licence and its consumption The importer shall also maintain such 4 register of items imported without a licence and its consumption provided such items are imported subject to actual user condition. The register shall be maintained in the form given in Appendix-18.

9.8 Export Facilitation .—In order to resolve exporters" problems in a co-ordinated manner, the field offices of the Directorate General of Foreign Trade shall act as Export Facilitation Centres. These offices shall function as nodal agencies to attend to the problems and grievances of the exporters, and also co-ordinate with different Departments to resolve their trade and export related problems. In addition. Nodal Officers have also been nominated in other Ministries/ Departments and a list of such officers nominated to assist exporters is given in Appendix-38.

For resolving problems relating to different departments, facilitation committees shall be constituted in each department which shall be serviced by Directorate General of Foreign Trade.

9.9 Grievance Committee.—In order to facilitate speedy redressal of genuine grievances of trade and industry pertaining to the Policy and Procedure. Grievance Committees have been constituted. These Grievance Committees are chaired by (i) the Director General of Foreign Trade at the Headquarters and (ii) head(s) of the concerned J71

application is complete in all respecis idia is accompanied by the prescribed documents.

.Category of Application

TinieLiniitior Disposal Regional Licensing Authority (s) in the respective licensing offices. Grievance Committee will include representatives of the Federation of Indian Export Organisations (F1EO). Export Promotion Councils/ Commodity Boards, Government Departments/ tcclmical authorities as their members.

LEC Code Number

(b)

2 working days 3 working days

(i) Advance Licence where Input-Output norms are notified or under paragraph 4 7

') 0 1 Tlie Chairman of the respective Grievance Commiiicc(.s) inay also co-qpt any other member. The meetings of such Committees shall be held on a monthly basis.

15 working days

(ii) Advance Licence where Input-Output norms are notified but cases are to be placed before ALC (iii) Advance Licences where 45 working days 9 9 2 Every exporter/importer shall have a right to seek and hav e an opportunity to make a representation to and be personally heard, if he so desires, by (he Grievance Committee. For this purpose, lie may send his request in writing seeking such personal hearing.

l) 9.3 A representation to the Grievance Committee

may be made in the form given in Appendix-2^.

90 working days

Input-Output Norms arc not notified, (iv) Fixation of input output norms

DFRC7DEPB

3 working days

(c)

3 working days

CD EPCG licences on self

(d)

declaration basis

45 working days

(Ii) EPCG licences for fixation of nexus (other than those covered in i) above

3 working days

(e)

9.10 Counter Assistance.—For speedy disposal of applications, a "Counter Assistance" will function in all the offices of the Directorate General of Foreign Trade A Foreign Trade Development Officer (FTDO) shall be Incharge of the counter in each office. On submission of the application at the counter, applicant will be handed over a token and would be advised on the same day whether his application has been found complete and admitted for further processing by the office or whether is any deficiency that needs to be rectified.

All licences under Gem & Jewellery scheme.

3 working days

(f) Revalidation of licence and extension of export obligation period by RL.A

(i) Acceptance of Bank

3 working days

(g>

Guarantee/Legal Undertaking

(ii) Redemption of Bank

15 working days

Guarantee/Legal Undertaking for Advance Licences.

30 working days

(iii) Redemption of BG/LLJT

for EPCG licences.

.3 working days

(h) Issuance/renewal of status certificate.

9.10.1 Counter Assistance will send the application to the concerned section on the same day of its receipt for necessary scrutiny. If there are any deficiencies, these will be noted by the concerned section and returned to the counter on the same day. hi case of complete applications, the applicant will be given a formal receipt indicating file number for further reference. In case of deficient applications, the same will be returned to the applicant for complying with all the deficiencies pointed out by the concerned section. Complete applications shall be processed by the concerned section within the time frame as given under paragraph 9 10. Communication of any deficiency noted subsequently should be undertaken only with the approval of the head of office who shall be responsible for effective functioning of Counter Assistance.

3 working days

(i) Amendment of any category of licence

45 working days

(j) Fixation of deemed exports Drawback rate

Miscellaneous

10 working days

(k)

1 working day

(1)

9.10.2 Counter Assistance may also be availed of for amendments of minor nature/enquiries. Applications, in such cases, will be received in the licensing offices at the counter against aproper receipt and the licence/list/enquiry, as the case may be, shall be returned after carrying out necessary amendments/ giving necessary reply as far as possible on the same day, across the Counter.

All applications filed through EDI mode

Cases of undue delay in disposal of applications may be brought to the notice of the head of the regional offices by way of a written representation which shall be promptly enquired into and responded to 9.11 Time Bound disposal of applications.— The licensing authority shall dispose off applications expeditiously. The following lime schedule shall normally be followed to dispose of the applications provided the 172 THE GAZETTE OF INDIA : EXTRAORDINARY

9.11 Date of Shipment/Dispatch in respect of Imports.—Date of shipment/dispatch for the purposes of imports will be reckoned as under: -

Date of Shipment/Despatch Mode of Transportation

(i) By Sea

The date affixed on the Bill of Lading

(ia) By Air

The date of the relevant Airway Bill provided this represents the date on which the goods left the last airport in the, country from which the import is effected.

(iiij From land-locked

Countries

The date of dispatch of the goods by rail, road or other recognised mode of transport to the consignee in India through consignment basis.

(iv) By Post Parcel The date stamp of the office of dispatch on the packet or the dispatch note

(v) By Registered The date affixed on Courier Receipt/ Waybill

Courier Service

(vi) Multimodal Transpoi

rt The date of handling over the goods to the first carrier in a combined transport Bill of Lading.

9.12 Date of Shipment/Dispatch in respect of Exports.—Date of shipment/despatch for the puiposes of exports will be reckoned as under-

Date of Shipment/ Dispatch

Mode of Transportation

(i) By Sea (a) For bulk cargo, the date of Bill of Lading or the date of mate receipt, whichever is later.

(b) For containerised cargo, the date of "Onboard Bill of Lading", or "Received for Shipment Bill of Lading", where the L/C provides for such Bill of Lading For exports by

(PARTI—SEC. II

containers from Inland Container Depot (ICD), the date of Bill of Lading issued by shipping agents at the time of loading of export goods in the ICD after customs clearance.

By Air The date mentioned by the appropriate Officer of Customs on the Shipping Bill, evidencing loading or handing over of goods to the air cargo complex, which arc not international airports, or by way of rotation of flight number and date.

The date stamped on the postal receipt, (iii) By Post Parcel

By Rail The date of RR (Railway Receipt).

(iv)

(v)

The date affixed on Courier Receipt/ Waybill

ByRegd Courier Service

By Road

(vi)

The date on which the goods crossed the Indian border as certified by the Land Customs Authorities

However, wherever the Policy provisions have been modified to the disadvantage of the exporters, the same shall not be applicable to the consignments already handed over to the Customs for examination and subsequent exports upto the date of the Public Notice. Similarly, in such cases where the goods arc liandcd over to the customs authorities before the expiry of the export obligation period but actual Exports take place after expiry of the Export Obligation period, such exports shall be considered within the export obligation period and taken towards fulfilment of export obligation.

9.13 General Power of review.—The Director General of Foreign Trade may, on his own or otherwise, call for the records of any case pending with or decided by an officer subordinate to him or an officer of any EPC/FIEO Including • a Group/ Committee of officers nominated, appointed or authorised by him and pass such orders as he may deem fit.

APPENDIX-1

GENERAL INSTRUCTIONS FOR FILLING APPLICATION FORMS

1. Applicant are advised to read the provisions of the Export and Import Policy and Handbook of Procedures, as amended from time to time

2. Application should be legible and filled in capital letters.

3. All the pages of the application should be signed 4. All columns should be filled. Columns, which are not relevant to the applicant, should be filled as "NOT APPLICABLE' and shouldnotbeleftblank.

173

5. An incomplete application is liable to be rejected.

6. Unless otherwise specified in the Policy and this Handbook, the application should be submitted to the licensing authority concerned, in whose jurisdiction, the applicant is located.

7. Use the following codes, wherever applicable;

(a) For unit of measurement:

NUMBER-[01 ], PAIR-[02], DOZEN-J03], GROSS-[04] .HUNDRED INNOS.-[05], THOUSAND IN NOS.- [06],GRAM-[l 1], KIL0GRAM-[12], METRICT0NNE-[13], CARAT-[14], TOLA-f 15] INCH-[211, FOOT-[22], YARD-123], METRE-[24], CENTIMETRE-[25], SQ. INCH-[31], SQ. FOOT-[32], SQ.YARD-[33],SQ. METER- [341,CUBlCmCH-f41],OJBlCF

(b) For status of applicant, use the following codes:

[0]-None, [1]-Export House, [2]-Trading House, [3]-Super Trading House [41- Super Star Trading House, [5]-Intcrnational SSSEH [6]-International SSEH [7]-International SEH [8]-Service Export House (c) For the nature of the concern, use the following codes:

[l]-GovemmentCo., [2]-PublicLtd.Co., [3]-Private Ltd.Co. [4]-Proprietary Firm, [5]-Partncrship Firm, [61-Others

8. For Registering Authorities authorised to issue an RCMC use the following codes :

[11 Agriculiural and Processed Food Products Export Development Authority

[2] Apparel Export Promotion Council

[3] Basic Chemicals, Pharmaceuticals & Cosmetics Export Promotion Council

[4] The Cashew Export Promotion Council of India

[5J Carpet Export Promotion Council

[6J Chemicals & Allied Products Export Promotion Council

[7] Coffee Board

[8] Coir Board

[91 The Cotton Textiles Export Promotion Council

[10] Electronics and Computer Software Export Promotion Council

[11] Engineering Export Promotion Council

1121 Federation of Indian Export Organisations

1131 The Gem & Jewellery Export Promotion Council

[14] Export Promotion Council for Handicrafts,

1151 The Handloom Export Promotion Council

[l(i] The Indian Silk Export Promotion Council

[17] Council for Leather Exports

[18] The Marine Products Export Development Authority

[191 Overseas Construction Council of India

[20] The Plastics Export Promotion .Council

[21] The Rubber Board

[22] Shellac Export Promotion Council,

[23] The Sports Goods Export Promotion Council

|241 Spices Board,

[25] The Synthetic & Rayon Textiles Export Promotion Council

[26] Tea Board

[27] Tobacco Board 174 THU GAZETTE OF INDIA EXTRAORDINARY

[PART I—SEC. 11 [2iS] Wool and Woollen Export Promotion Council

[29] The Powerloom Development and Export Promotion Council

[99] Others

9. For export product groups, use the fo 1 lowing codes:—

A. Chemicals and Allied products B. Electronic Products

G Engineering Products D Fish and Marine Products

E Food Products F. Handicrafts

G Leather Products H. Plastic Products

1. Sport Goods

J. Textiles

K. Miscellaneous

10. Scheme Codes:—

CODES NAME OF SCHEME

00 Free shipping bill involving remittance of foreign exchange

01 Advance Licence with actual user condition

02 Advance Licence for intermediate supplies

03 Advance Licence

04 Advance Release Order

05 Advance Licence for deemed exports

(h DEPB-posl exports

08 Replenishment licence

09 Diamond imprest licence

10 Bulk licence

11 Concessional duty EPCG scheme

12 Zero duty EPCG scheme

13 C CP

14 Import licence for restricted items of imports

16 Export licence

17 Advance Licence for annual requirement

IX Duty Tree Replenishment Certificate

19 Drawback (DBK)

20 Jobbing (JBG)

21 EOU/EPZ/SEZ/EHTP/STP

Combinations of Schemes

41 Drawback and Advance Licence

42 Drawback and Duty Free Replenishment Certificate

43 Drawback and Zero duly EPCG

44 Drawback and concessional duty EPCG

46 Drawback and post export DEPB

47 Drawback and JBG

48 Drawback and Diamond .Imprest licen.ee

49 Drawback and EOU/EPZ/SEZ

50 EPCG and Advance Licence

51 EPCG and Duty Free Replenishment Certificate

52 EPCG and JBG

53 EPCG and Diamond Imprest licence175 54 EPCG and ReplenisJunent Licences

55 EPCG and DEPB (post exports)

Combination of three schemes

71 EPCG, Drawback and Advance Licence

72 EPCG, Drawback and Duty Free Replenishment Certificate

73 EPCG, Drawback and jobbing

74 EPCG, Drawback and Diamond Imprest licence

75 EPCG, Drawback and DEPB (post-exports)

11. Use the following location codes, wherever required:

SEAPORTS

CODES

LOCATION

IN CCU)

Mumbai

Kolkata

IN BOM 1

I N C 0 K1

TNIXY1

Cochin

Kandla

I N M R M1

Mangalore

IN IXE I

Mannagoa

I N M A A1

INNSA1

Chennai

Nhavasheva

IN TUT 1

Paradecp

INPRT1

Tuticorin

IN KAK 1

Vishakhapatnani

TNVI'Zl

Kakinada

IN S!~K I

Surat(Magadalla)

IN MDA 1

Sikku

Pipavav

INPAV1

IN NtT 1

Nagapattinam

IN M U NI

INOKH 1

Mundhr;i

Oklui

ATR PORTS

CODES

LOCATION

CODES

LOCATION

UN BLR 4

IN AMD 4

Bangalore

Ahmedabad

IN BOM 4

Kolkata

IN CCU 4

Mumbai

1NJAI4

Delhi

INDEL4

Jaipur

Vnranasi

INVNS4

Srina^tir

INSXR4

INHYD4

INTRV4

Trivandnmi

Hyderabad

INCJB4

IN MAA 4

Chcnuai

Coimbalorc (Air Cargo Complex)

INBBI4

Bhubancshwar

rcDx

CX)DES

LOCATION

CODb-S

LOCATION

INCBE6

IN WFD (.

Bangalore

. Coimbalore

IN AMG 6

IN PPG 6

Delhi Patparganj Tuglakabad

INTKD6

Gauliati (Amingaon)

INMBDf^

IN LDH 6

Moradabad

Ludhiana

IN DIG 6

Phnpri (Pune) Dighi

Hyderabad

INSNFti

ININD6

INCPCi,

Kanpur

Pilampur(lndore)

Jaipur

INJAU"

INFHD6

INBIJf.

Agra

P.iridabad

1NNGP6

Nygpur

INBSB(")

Vamnasi

I N K A P6

TNSAC6

Kapadra

Sacliin

INSXT6

Jodlipur

1NJUXO

Salem

Tirupur

Singaniilur

, IN SILO

INTUPd

INWAL6

INGWL6

Waluj

Blulwara

LNBHL6

Malhmpur Pondicherry¹

INPNY6 176 THE GAZETTE OF INDIA: EXTRAORDINARY

[PARTI—SEC. II LCS

LOCATION

CODES LOCATION

CODES

Ranaghat

INRNG2 Singhabad

INSNG2

12. Use the following States/UTs Codes wherever required:-

01 ASSAM

02 MEGHALAYA

03 M1ZORAM

06 BIHAR

07 JHARKHAND

09 ARUNACHAL PRADESH

10 WESTBENGAL

14 NAGALAND

15 MANIPUR

16 OR1SSA

17 SIKKIM

18 TRIPURA

19 ANDAMAN & N1COB AR

20 UTTAR PRADESH

UTTARANCHAL

29 DELHI

30 PUNJAB

34 HARYANA

39 CHANDIGARH

44 JAMMU& KASHMIR

46 HIMACHAL PRADESH

50 RAJASTHAN

54 GUJARAT

60 MAHARASHTRA

67 . DAMAN &.DIU

68 GOA

69 DADRA & N AGAR HAVELI

70 MADHYA PRADESH

CHATTISGARH

80 ANDHRA PRADESH

84 KARNATAKA

89 LAKSHADWEEP

90 TAMIL NADU

96 KERALA

99 PONDICHERRY177

APPENDIX-2

PROFILE OF EXPORTER/IMPORTER

FOR OFFICIAL USE

File No: Date:

Note: To be submitted once alongwith the first application and to be submitted subsequently only in case of any change in the information already submitted. RL As to enter this information in the computer so as to dispense with the need of repetitive declaration.

1. Name of the applicant

2. Address of the applicant

(Registered Office in

case of limited companies,

and Head Office

for others)

Tele No.

Fax No

E.Mail address

3. Date of establishment of business/factory in India

d d r r i m y y yy

4. IECNo Dateof Issue Issuing Authority (not applicable for application for EC) 5. Please tick the appropriate column.

(1) Manufacturer Exporter [ ]

(2) Merchant Exporter [ ]

(3) Service provider i ]

(4) Merchant cum Manufacturer [ ]

(5) Trust

[ ]

(6) Others (please specify)

6. Status Code

(Please see S.No.7(b) of Appendix-1 of general instructions)

Relevant Certificate No

Issuing Date:

Validupto:

Date Issuing authority 7, Category of manufacturing licence Number

SSI Registration

Industrial licence/ EM

Others (specify)

1079 GI/2002—14A

178 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 11 8. Nature of the concern : []

(Please see S.No.7(c) of Appendix-1 of genera] instructions)

9. Details oflhc main Banker Name of the Bank

and Bank Account Account No

Type of Account

Address

10. RCMCNo

Date of Issue

Valid upto

Issuing Authority

11 Details of Proprictor/Paruier(s)/Director(s)/Karta to be given in the following manner:

(a) Name

(b) Father's Name

(d) E.Mai] address

(e) Telephone

(NOTE: Attach extra sheet wherever required)

Place: ,

Signature of the Proprietor/Partner(s)/

Director(s)/Karta

Date:

Name ,

Designation

APPENDIX-3

APPLICATION FORM FOR ALLOTMENT OF IMPORTER-EXPORTER CODE (IEC) NUMBER AND

MODIFICATION IN PARTICULARS OF AN EXISTINGIEC NO. HOLDER

Note: 1. Please sec paragraph 2.12 of the Policy and Paragraph 2.9 of this Handbook

2. Please read the general instructions given at Appendix 1 before filling this application.

X In addition to this application form (in duplicate) also submit Appendi\-2 (In duplicate) alongwith this application.

(FOR OFFICE USE ONLY)

File Number: , ^ _ _ _ ^ __ Dale:, _ IEC No. allottcd:_

1 Application for (please tick)

(A) Allotment of IEC No. (B) Modification in particulars:

of existing IEC No.holdcr

2. Name and address of the applicant :

(Registered Office in case of limited companies, : andHcadOfficc : for others)

1079 GI/2002—14B179 3. Address of all the Branches/ Divisions/ Units/ factori :s located in India and abroad.

1 PIN

3 PIN

2 PIN

4 PIN

4. In case the application is for modification in existing IEC, give:

a) Existing IEC No.

b) Nature of modification required and

details thereof

•

(hi case the application is for modification, information in S No 2 and 3 above willbe as per pre.modified status) 5. Particulars of Fees Paid:

(i) Bank Receipt/Demand Draft No. :

(u) Amount(in Rs)

(In.figures)

(in words)

•

ftii) Name ofBank

6. Permanent Account Number (PAN) •

Issuing authority

DECLARATIOHUNDERTAKING

1. I/Wc hereby declare that the particulars and the statements made in this application arc true and correct to the best of my /our knowledge and belief and nothing has been concealed or held therefrom.

2 I/We full understand that any information furnished in the application if proved incorrect or false will render me/ us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted 3 I/Wc undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders framed thereunder, the Export and Import Policy and the Handbook of Procedures.

4 I/We hereby declare mat mis application is made by me/us in thename of Registered/Head office and I/we have not obtained or applied for Importer Exporter Code Number previously in this name from any office of the DGFT/Dcvclopment Commissioner (Not applicable for existing IEC nurtibcr holder)

5. I hereby certify that 1 am authorised to verify and sign this declaration as per Paragraph 9.9 ofthc Policy.

6 I/we hereby certify that none of the Proprietor/ Partners)/ Director(s)/Karta of the firm or company is a Proprietor/ Partner(s)/ Director(s)/Karta of the firm/Company, which has come to the adverse notice of DGFT

Name:

Designation:

Official Address:

Tclc.No.:

Residential Address:

E. Mail address:

Place. Date.

180 THEGAZhTlH OF INDIA: EXTRAORDINARY

[PART I—SEC. 1] Documents to be enclosed with the application form:

1. Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendix-29.

2. Certificate from the Banker of the applicant firm (as per Annexure-1 to this form)

3. Two Copies of Pa ss Port size photographs of the applicant duly attested by the banker of the applicant.

4. A copy of Permanent Account Number issued by Income Tax Authorities, duly attested by the applicant.

5. If there is any nonresident interest in the firm/company and non resident investment is to be made with repatriation benefits, full particulars thereof with photo copy of RBI approval must be submitted. Investment without repatriation benefits, a simple declaration indicating whether it is held with the general/ specific permission of RBI on the letter head of the firm should be furnished. In case of specific approval, a copy may also be furnished. Indian Companies issuing shares to foreign nationals/ NRIs under automatic route, 100% scheme or 24/40% schemes are not required to obtain prior approval of RBI.

6. The applicant firm/company should also submit a simple declaration as under: -

The

(proprietor/ partners)/ directors) as the case may be) of the firm/company is/ are not associated as proprietor/ partners) or director(s) in any other firm/company which is in the caution list of RBI. Note: Where the applicant declares that they are associated with firms/companies caution listed by RBI they will be allotted IE Code No, but with an additional condition that they can export only with RBI's prior approval and they should approach RBI for the purpose.

ANNEXURE 1 TO APPENDIX 3

BANK'S CERTIFICATE (To be issued on the official letter head of the Bank)

RefNo

(Name and address of the licensing authority)

Sir/Madam,

We certify that M/s

are maintaining a Savings Bank Account/Current

(Name and Address of the applicant)

Account (tick whichever is applicable) No with us since

(Signature of the Banker)

Name

Designation

Date:

Place:

181

APPENDIX-3A

FORMATOF IMPORTER-EXPORTER CODENUMBER

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE & INDUSTRY

O/O JT7DYDIRECTOR GENERAL OFFOREIGN TRADE

(Full Address)

CERTIFICATE OF IMPORTER -EXPORTER CODE (EEC) NUMBER

1. Name

2. Address

piNnnDGua

rJDDGUQ

3. Address of the Branches/Division/

Units/factories, if any.

PiNnDDUDD

DQQUDn

4. IECNumber

5. Date of issue

6. PANNumber

(Signature of the Issuing Authority) Name

Designation

Place

Date

(Issued from File No )

Note: In case of any change in the name/address or constitution of IEC holder, the IEC holder shall cease to be eligible to import or export against the IEC number after expiry of 60 days from the date of such change unless in the meantime, the consequential changes are effected in the IEC by the concerned licensing authority.

182 THE GAZETTE OF INDIA: EXTRAORDINARY

[PARTI—SEC. 11

APPENDIX-3B

STATEMENT OFPARTICULARS OF IEC NUMBERS ISSUED FORTHEPERIOD

Please see Paragraph 2.9.1 of the Handbook.

Name

Address

EC No.

Sr.No.

Date of Allotment

f4]

[1]

[2]

13]

15]

Note; The periodicity of the submission of the above information by the IEC issuing authorities shall be on fortnightly basis and the information shall be submitted to the concerned office of RBI by the end of the week succeeding the fortnight.

APPENDIX-4

FORM OF APPLICATION FORREGETRATIONCm MEMBERSHIP WITH

EXPORT PROMOTION COUNCILS

NOTE: Please see paragraph 2.44 of the Policy and paragraph 2.55 of this Handbook

FOR OFFICIAL USE

File No: Date:

To,

The _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

(Name and Address of the Council)

Dear Sir.

Kindly register us as Merchant/Manufacturer exporter of the export product(s) mentioned below.

1. Name of the applicant __

2. (i) Address of the applicant. (Registered

Office in case of limited companies, and the head j/ficc for others) :

(ii) Name address of the branches, if any :_

(iii) Name and address of the factory. :

3. IEC No. _ ___ Date of Issue Issuing Authority

4 If the registration is required as a No.

manufacturer exporter SSI Registration Date.

Industrial Licence/TEM :

Issuing Authority: _____

Others (specify i183 5. EH/TH/STH/SSTH/SHE/ISEH/ISSEH/

ISSEH certificate number: Valid upto __

6. Details of Dircciors/Partncrs/Proprietor/Karta lo be given in the following manner.

(1) (H) Name

: _ _ _ __

(b) Fathers Name

___

(d) Telephone No.

: _ _ _ __

(2) (a) _ (3) (a) _ _ _ _ __

(b)

(b) _ _ _ _ _ _ _ _ _ _ _ _ _ __

(c)

(d)

( d )_ _

(4) (a)

(4) (a) _ _ _ _ _ _ _ _ _ _ _ _ __

(b)

(b) „ _ _ _ _ _ _ _ _ __

(d)

(d) ___„

7. Name of export product(s) for which registration

is required _____

8. I/We hereby solemnly declare that the above stated information is true arid correct. I/We undertake, without any reservation, to:

(a) abide by the terms of the registration certificate granted to us on all our exports;

(b) agree lo abide by any code of conduct that may be prescribed;

(d) Furnish without fail monthly returns of exports including NIL returns to the Registering authority by 15ih day of the months following the quarter.

9. We further understand that our registration is liable to be canceled in the event of breach of any of the undertakings mentioned above.

Yours faithfully,

(Signature)

Name ^_

Address

Designation^

Tele No: _ _ _ ^ _ _ _ ^_

Fax No.

E.Mail" Address:

Residential address:

,_^ Place

Date

Documents lo be enclosed with the application form:

1. A self certified copy of the IEC Number issued by the licensing authority concerned.

2. A certificate from the bank in support of the applicant's financial soundness.

184 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 1]

APPENDIX-4A

FORMATOFREGBTIUTION-CUM-MEMBERSHlPCEimFTCATE

Note: Please see Paragraph 2.44 of the Policy and Paragraph 2.55.2 of this Handbook

PARTI

(To be filled in by the applicant)

1. Name and address of the applicant :

2. EC Number

3. Address of the Head Office

(i) Registered Office

(ii) Branch(s)

(iii)Factory(s)

4. Year of establishment

: _____________

5. Description of export product(s) for which

registration is sought

: _______

6. Whether registration is required as merchant

exporter or manufacturer exporter :

7. Name of the Proprietor/ Partner(s)/ Dircctor(s)/

Karta

I/We hereby declare that the above information is correct to the best of my/our knowledge and belief. I/We also undertake to abide by the conditions subject to which registration/membership is granted.

(Signature)

Name in Block letters

Designation

Residential Address

Place:

Date : _ _ _ __

PART-D

(TO BE FILLED IN BY THE REGISTERING AUTHORITY)

This is to certify that M/s

(Name and address of the fjrm/Company) is registered with us.

Other details as per our records are as under:

(1) Description of goods for which registered

(ii) Registration number

Oil) Registered as Manufacturer

exporter or merchant exporter

Civ) Namc(s) of proprietor/185 partner(s)/director(s)/ Karta(s)

This certificate is issued subject to the conditions laid down in the relevant scheme of registration of this council.

(Signature of the competent

officer of the E.P. Council)

Name

Designation

Seal

Valid/renewed upto Date of issue

Space for endorsement of any amendments in this certificate

APPENDIX-4B

PROFORMA FOR FURNISHING OF EXPORT RETURNS

Note: Please see with paragraph 2.54 of Handbook (Vol. 1)

1. Name of the firm/company

2. IEC number

3. Address

4. Tcl.No.

5. Fax No.

6. E-mail address

7. Website

8. Details of exports:

Period

Item(s)

Quantity, if applicable

Country(s) ofexport (item wise)

Value of export during the period

Cumulative exports (Apr. 2001 onwards)

(inRs.)

f4]

[1]

12]

[5]

[6]

Cumulative exports (in words):

DECLARATION

1/We hereby declare that the above statements are true and correct to the best of my/out* knowledge and belief.

Date

Signature

Name

Designation

Seal/Stamp 186 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 11

APPENDIX 5 FORMOFAPPUCATIONOFroENnTYCARD

Note: Please see paragraph 2.16 of this Handbook

FOR OFFICIAL USE

File No Date:

(1) Name of the person (in whose favour

Identity Card is to be issued) :

(2) Designation of the person :

(3) Residential address

(4) Name and address of the applicant firm :

(5) ECNumber

(6) DetailsofFee

Bank receipt/ DDNo.&Date AmountRs Name of the Bank and Branch of issue

DECLARATION

(i) I am the Proprietor/Partner/Director of the firm/company,

01) I hereby declare that Shri in whose favour Identity Card is to be issued is the authorised employee of the firm,

(in) I further undertake that the document(s) /Licencc(s) may be handed over to the Identity Cardholder at the sole risk and responsibility of the firm.

( )

Signature of the Proprietor/

Partner/Director

Name:

Designation:

Official Address:

Tele.No.:

Residential Address:

Place: Date;

E.MailAddress :

Documents to be enclosed with the application form

1. Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendix-29.

2. Two passport size photographs of the person in whose favour Identity Card is to be issued.

3. Copy of RCMC duly attested by Proprietor/Partner/Director.

187

APPENDIX-5 A

FORMATOFIDENTITYCARD (To be filled by the licensing authority) (Please see paragraph 2.16 of this Handbook)

Non-Official

1. Name of the person

;

2. Designation

3. Name and address of the firm/company :

4. Period of validity

Signature

Name and address of issuing authority

Date of issuance

APPENDK-6

APPUCATIONFORREFUTTOOF APPLICATION FEE

(Please see paragraph 2.3 of this Handbook)

FOR OFFICIAL USE

FlleNo

Date

1. Category under which refund of application fee is being claimed: (Please tick)

(i) Deposited in excess of the specified scale:

(n) Deposited hi error but the applicant is

exemptfrom payment of fee :

0ii) Deposited but no application has been

made

2. In case the refund is claimed under category 1 (i) above the following details may be furnished:

0) FileNo.

(ii) CIF value ofthe licence applied for : Rs

(lii) Fee payable at the prescribed scale : Rs

(iv) Excess fee paid for which refund is

claimed

: Rs

3. In case the refund is claimed under category 1 (ii) above, the following details may be furnished:

(i) FileNo,

(ii) A mount of fee paid

: Rs

(iii) Provision under which the exemption

is being claimed: [Please specify only one ofthe five category as given in Clause 5(3) of Foreign Trade (Regulation) Rules, 1992]

188 TTIEGAZEnEOFINDIA: EXTRAORDINARY

[PARTI—SEC. 11 4. In case the refund is claimed under the

category 1 (iii) above, the reasons for not making an application after depositing the fee: 5. C¹) No. and date of the Bank Receipt/Demand

Draft by which the application fee has been deposited.

(ii) Name and Address of the Bank where the

said fee was deposited : 6. Licensing Authority with whom the application has been filed/was proposed to be filed :

7 (i) Has this application been filed within one

year of the deposit of the fee : 01) If not, the detail reasons thereof :

DECLARATION/UNDERTAKING

1. I/We hereby declare that the particulars and the statements made in this application are true and correct to the best of my/our knowledge and belief and nothing has been concealed or held therefrom.

2. I/We fully understand that any information furnished in the Application if proved incorrect or false will render me/ us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

3. I/Wc undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders framed thereunder, the Export and Import Policy and the Handbook of Procedures.

4 I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the Policy.

Place:

Signature of the Applicant Dntc :

Name: Designation: Official Address: Tele.No.: Residential Address:

E.Mail Address :

Documents to be enclosed with the application form

TO BE FILLED IN BY THE REMITTER

To be filled in by the department officer of the bank

Amount

Order to be Bank*

Head of account

By whom tendered

Accounts Officer by whom adjustable

Full parti- culars of the remittance and of authority (if any)

Rs. P.

Name, designation, and address of the person on whose behalf money is paid189 Name Pay and Accounts Officer

Signature

(Name of station)

1453 foreign trade export promotion— minor head— 102 import licence application fee

Date, correct receipt and grant receipt (signature and full description of the officer ordering the money to be paid in)

* (in words) Rupees

• To be used only in the case of remittance

to the Bank through Departmental Officer.

Cashier Accountant Date Bank officer

NOTE:-

1. Particulars of money tendered should be given below.

2. In case where direct credits at Bank arc permissible the Column "Head of Account" will be filled in by the Bank Officer or Pay and Accounts Officer as the case may be, on the receipt of Bank's daily statement.

PARTICULARS

AMOUNT

Coins

Rs. P.

Notes (with details)

Cheque (with details)

Total Rs.

APPENDIX-7

APPLICATION FORM FORISSUEOFIrVffORTCKirnnCATEUNDB"lNDauSMOU

NOTE: Please see Paragraph 2.11 of this Handbook.

FOROFFICIALUSE

FileNo

Date

1. (a) Name of the Undertaking with address

ofHeadOffice.

(b) Location of factory

2 Name of the sponsoring Directorate in ICIA :

3. Name and address of the US Exporter :

4. Items of import for which Import Certificate is

required:

S.No. Details of item Quantity CIF Value

5. If required for manufacture;

(a) Details of the Industrial Licence/SIA

Regn./DGTDRegn./SSIRegn,No. :

(b) End Product as given in the Industrial

Licence/DGTD/SSl Regn. No, :

190 THE GAZETTEOFINDIA: EXTRAORDINARY

[PARTI—SEC. 1] 6. If required for R&D:

(a) Details of the Registration with Depart-

ment of Science & Technology alongwith validity.

(b) Specificprojectforwhichtheitemis

proposed for import.

7. If required for other Actual Users (Non-Industrial):-

(a) Nature of the concern

(b) Type of Registration certificate held with

photocopy thereof.

locaiymunicipalbody.

8. (a) Whether the item given in Col.4 above

isCG?

: Yes/No

(b) Whether the item given in col. 4 above is

raw material?

: Yes/No

listofITC(HS)

: Yes/No

(d) If covered by Restricted List, furnish

details of the Application submitted to • the licensing authority concerned for the grant of import licence.

; Yes/No

9. Copy of the letter from the US supplier in support of the request for Import Certificate and the reference No. of the controlled commo- dity/munitions list of the US Export Adminis- tration Regulations:

Place

Signature

Date

Name in Block Letters

Designation

Full office address

Telephone No

FaxNo

TJNDERTAKINGBYTHE INDIAN IMPORTER

In order to import above items, I

(Designation) duly authorised by f^j/s

• (Name of the Organisation), a Government entity/Government controlled entity/ private sector entity (Delete whichever is not applicable) hereby undertake:

— To import the item into India and not to redirect it or any part of it, to another destination before its arrival in India.

— To provide, if asked, verification that possession of item wag taken. — Not to re-export the item without any written approval of Certificate Issuing Authority.

— Not to retransfer within India the item(s) specified in this certificate without the written approval of the Certificate Issuing Authority.

— To obtain permission in writing from the Certificate Issuing Authority prior to any change in end-use which shall be preceded by the new end-user notifying the Certificate Issuing Authority that he/sh agrees to the conditions contained in this document.

191

— The items being imported will/will not be integrated into Indian end-products to be exported.

Place

Signature

Date

Name in Block Letters

Designation

Full office address

Telephone No

Fax No

E.MailNo. ;

(To be signed by authorised representative)

ANNEXURETOAPPENDDt-7

N0.DGFT /2002-03

GOVERNMENT OF INDIA

IMPORTCERTMCATE

1. Exporter (Name & Address)

2. Importer (Name & Address)

Quantity Description of Goods	Value

It is certified that the importer named above has undertaken :

— To import the item into India and not to redirect it or any part of it, to another destination before its arrival in India.

— To provide,if asked,verification that possession of the item was taken.

— Not to re-export the item without the written approval of the Certificate Issuing Authority.

— Not to retransfer within India the item(s) specified in this Certific?te without the written approval of the Certificate Issuing Authority.

— To obtain permission in writing from the Certificate Issuing Authority prior to any change in end-user which shall be preceded by the new end-user notifying the Certificate Issuing Authority that he/she agrees to the conditions contained in this document.

Date Official Seal Signature

Designation.

Note: This import certificate is not a substitute for import Licence in respect of the items mentioned as restricted under ITC(HS) and an import licence, in addition to this Certificate, will have to be obtained wherever required for such items.

[PART I—SEC. II 192 t THE GAZE 1TK OF INDIA: EXTRAORDINARY

APPENDIX-8

APPUCATION FORM FOR IMPORT OF ITEMS COVERED BY THE NEGATIVE LIST

Note:

1. Please see Chapter-2.10 of this Handbook.

2. Please read the general instructions given at Appendix-1 before filling this application.

3. Please submit 5 copies of this application form.

OFFICIAL USE

File No

Date

1. Name and address of the applicant.:

2. Address of factory/unit for which the

application is made. :

3. Capital investment on fixed assets A. Land Rs

B. Building Rs

C. Machinery/

equipment, Rs

4. Details of Fee Bankrcceipt/.... DDNo. &Date

AmountRs

Name of the Bank and Branch of issue

ANNEXURE— 1 TO APPENDIX—8

[Form for import of items mentioned as Restricted in ITC(HS)]

1. Name of the applicant and address. : Z Type of unit

: SSI/Other than: SSI/Service Sector/SelfUse.

3. Registration No ./Date and name of

issuing authority

4. End Product(s) to be manufactured with

licensed capacity. 5. Details of items applied

For import

S.No. Description ITC(HS)Code Quantity CIF Value Country of Origin 6. Total CIF value applied for

: (InRupees)Rs

(In foreign currency)

7. Past production (Qty.) during the preceding

licensing year

193

8. Exports made during llie preceding licensing year 9 Justification Tor import

;

Id. Details of licences obtained in past •

ANNEXURE—2 TO APPENDIX—8

|Fonn for import of items as gift under Customs Clearance Permit(CCP)|

1 Nameof the applicant and address. :

2 T\ pc of unit

• SSI/Other than SSI/servicc sector/self user

.1 Namcofdonorand relationship :

4 Whether Donor's letter furnished . Yes No.

"> Status oflhe Donor

•

0 Details of items applied for import •

SNo. Description ITC(HS)Codc Quantity CIF Value Country of Origin 7 Total CIF Value applied for

(InRupces)Rs

(In foreign currency)

S Details of CCPs obtained and details of

any other applications Hied during the : : current year.

y Justification for import

ANNEXURE^J TO APPEND1X—S

(Fonn for import of Horses for breeding purposes by recognised Stud Farms/individual breeders)

1. Name & address of the applicant's stud farm : 2, (a) Whether registered with the Ministry

ofAjjriculrurc/RWITC

(b) Whether photocopy of the above Registration Certificate furnished.

1079 GI/2002—15A 12i THE GAZETTE OF INDIA: EXTRAORDINARY

[PAUT 1—SEC. 11 3. Description of animals (existing) „,

, S.No.

Description of animal

Stud farm's property

Belonging to others

Imported Indian breed

Imported Indian breed Stallions Broodmares Yearlings Foals Colts Fillies

1. 2, 3. 4. 5. 6.

Total

4. Description of animals applied for import:

SNo. Description lTC(HS)codc Quantity OF value Country of origin 5. Total area of the stud farm : '. 6. No of horses imported/produced

annually during the last three licensing years

7 Estimated production in the current

licensing year.

X Justification for import

: :

ANNEXURE-4 TOAPPENDIX-8

(Form for import of Aircraft/Helicopters)

1 Name and address of ihc applicant :

2. Details ofitems applied for import • ,, ,.,

S.No. Description lTC(HS)code Quantity CIF value Country of origin

TotaJ CIF Value ;

(In Rupees)

(In foreign currency)

3. Year of manufacture

4. Whether New/Second hand :

5. Seating capacity

6. Country of Origin

7. Residuallife

;

1079 GI/2002—15B

195

8. No. ofFIying hours already completed

9. No.of Aircraft(s) already imported/ in

possession with die applicant •

10. Whether the applicant falls under the Private

category or Passenger category' :

11. Whether requires CCP or Licence

12. No. and date of recommendation letter

ofDGCA

(enclose a copy thereof)

13. Justification for import

ANNEXURE-5 TO APPENDIX-S

(Form for import of Slock & Sale items)

1. Name ofthe applicant and address :

2 Type of unit

1. Particulars of goods to be imported: :

S.No. Description ITC(HS) code Quantity CIF value Countfy of origin 4. Total CIF value applied for

: (InRupees)Rs

(In foreign currency)

5. Justification for import

(Enclose extra sheet, if required)

DECLARATION/UNDERTAKING

1. I/We hereby declare thai the particulars and the statements made in Uus application are true and correct to the bcsl of my /our knowledge and belief and nothing has been concealed or held therefrom.

2. I/We fully understand dial any information furnished in die application if proved incorrect or false will render me/ us liable for any penal action or odier consequences as may be prescribed in law or odicrwisc warranted.

1 I/We undertake to abide by die provisions of die Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders framed thereunder, die Export and Import Policy and die Handbook of Procedures.

4. I/We hereby declare mat die goods imported will be udliscd for die purpose for which diey arc imported and shall not be sold or permitted to be sold by any odier party unless odierwise permitted as per die condition of die licence 5. I hereby certify dial I am audiorised to verify and sign this declaration as per Paragraph 9,9 of die Policy.

Signature of die Applicant: Name: Designation:

Official Address:

Tele.No.:

Residential Address:

...

Place:

Date :..,,.

E.MailAddress :

1% THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 1]

Documents to be enclosed with the application form

1 Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendlx-29.

2. Self certified copy ofProfonna Invoice from foreign supplier showing CIF value etc, of the goods.

3. Self certi fied copy of Registration Certificate issued by concerned authority.

4. ^opy of recommendation of recommending authority, if any.

5 Donor's letter in original in case of import of gift

(>. For Import of Ammunition, Please also furnish:

7 (a) Fire Arm Dealers Licence No. date and validity.

5. (b) Issuing authority of Fire Arms Dealers licence.

9 (c) A certificate from the Chartered Accountant/Cost and Works Accountant/Company Secretary showing sales turnover of ammunition (indigenous and imported) during the preceding three licensing years.

APPENDIX-9

APPLICATION FORM FORGRANTOFLICENCESFORCAPJTAL GOODS INCLUDING COMPUTER,

COMPUTER SUB-SYSTEMS AND SERVICE EQUIPMENT UNDER THE EPCG SCHEME

Note: 1. Please sec paragraph 5.2 of this Handbook.

2. Please read the general instructions given at Appendix-1 before filling this application.

3. Please submit 10 copies of this application form.

FOR OFFICIAL USE

File No

Date

1. Name and address of the applicant : M/s

•• 2. ECNumber

3. Please tick the appropriate column

(I) Manufacturer Exporter :

Cli) Merchant Exporter

(ui) Service Provider

4. Capital investment on fixed assets: :

Existing Proposed

A. Land and Building Rs.. Rs

B. Machinery/Equipments

(i) Imported (CIF Value) Rs Rs

(ii) Indigenous Rs Rs

Clii) CIF value of CG applied for Rs Rs

(iv) Total of (i)+(u>(iii) Rs Rs

Total: Rs Rs

5. Any change in the status of SSI limit due (a) Not applicable []

to import of capital goods proposed (b) No change [ J

to be imported under this scheme (c) Crosses SSI limit U197 6. 0) Name of the applicant or his supporting

manufacturer^)/vendors). ' :

SSLOEMNO.

;

Dated

Issuing Authority

(Ii) Address of factory where the capital

goods to be imported arc proposed to be installed

(Hi) The manufacturing products endorsed on

SSI/Industrial Licence/IEM :

(iv) Whether any export obligation has been

imposed in the Letter of Intent/ Industrial Licence/FC Approval.

: Yes/No

If yes, give details thereof including E.O. fulfilled. If any;

7. (i) Name of the end products to be manu-

factured out of the proposed capital goods.

(ii) Product(s) to be exported :

0ii) ExportProduct Group Code :

8. Category of service provider

: [ ]

(if applicable)

Regd.No.

Dated

Issuing authority

9. (I) CIF Value of the licence applied for : (InRupees)

(hi freely convertible currency)

(ii) Export obligation undertaken:

(In freely convertible currency) :

10. DctailsofFee

: Bankreceipt/

DDNo.&date

AmQuntRs

Name of the Bank and

Branch of issue

11. Details of exports made for the same on similar export product during preceding three licensing years

PRODUCTS EXPORTED LICENSING YEAR

FOB VALUEOFEXPORTS (in Rupees)

(3)

(2)

(1)

Duty saved (in Rs.) 12 Total customs duty on

Duty leviable under EPCG scheme (inRs.)

capital goods to be imported (in Rs.) l'>8 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC 11 Licence No. and Date

CIF value (In Rupees)

13. Details ofEPCG Licences already obtained which have not been redeemed; s. No.

Export obligation fixed

in freely convertible

currency

Whether BG/LUT executed

% age of export obligation fulfilled (2)

(1)

(3)

(4)

(6)

(5)

14. Details of capital goods applied for import:

Quantity

Country of origin s.

CIF value in freely convertible currency

No.

Description and technical specification of the items of import

(4)

(2)

(3)

(1)

(5)

DECLARATION/UNDERTAKING

I /We hereby solemnly undertake/declare that :—

(i) 1/We hereby declare that the particulars and the statements made in mis application are true and correct to the best of my/our knowledge and belief and nothing has been concealed or held therefrom.

(ii) 1/We full understand that any information furnished in the application if proved incorrect or false will render me/ us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

(Hi) I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders framed thereunder, the Export and Import Policy and the Handbook of Procedures.

(iv) That I/we shall be liable to penal action in accordance with the Policy/Procedure/Foreign Trade (Development & Regulation) Act, 1992 the Rules and Orders framed thereunder and the Customs Act, 1962 addition to forfeiture of Bank Guarantee or any other Bond/Guarantee given to the Customs/licensing authority, in the event of failure to fulfil the export obligation as stipulated, within the export obligation period prescribed or subsequently extended by the competent authority.

(v) I/We further declare that no export proceeds are outstanding beyond the prescribed period as laid down by the RBI, or such extended period for which RBI permission has been obtained.

(\ i) I hereby certify that I am authorised to verify and sign this declaration as per paragraph 9.9 of the policy.

Signature of the Applicant:

Name:...

Designation:

Official Address:

Residential Address:

Place.

Dale:

E.MailAddress :

199

Documents to be enclosed with the application form

1, Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in tenns of Appendix-29.

2. Self certified copy of the Performa invoice/quotations of the foreign supplier showing Ihe CIF value quoted. In case the Proforma invoice is on FOB basis, the applicant shall indicate the freight and insurance separately on its letter head.

3, Manufacturers illustrated pamphlcts/catalogue/drawing/technical design etc.

4. Statement of exports achieved by the applicant in respect of the same/similar export product/services rendered during the preceding three licensing years duly certified by a Chartered Accountant/Cost and Works Accountant in the form given in Appendix-23/23 A.

APPENDIX-9-A

STATEMENT OF EXPORT/REDEMPTION FORM UNDER EPCG SCHEME

NOTE: PLEASE SEEPARAGRAPH 5.9 AND 5.13 OFTfflS HANDBOOK

(a) Name & Address of the Licence holder :

(b) EPCG Licence No. & Date

: CO Issued:

; ©Utilised;

(d) Export Obligation w.r.t imports effected under

the EPCG Licence

;

(i) Export obligation equal to four/five/six times of the CIF value of capital goods as may be the case.

(ii) Average exports to be maintained :

••••• (c) Product exported as per the conditions

attached to the EPCG licence

(f) Date of.clearancc of the first consignment of

capital goods under the EPCG Licence from the customs authorities/Date of receipt of CG from indigenous source

(g) Date of completion of export obligation :

(h) Details of Exports

(i) Year/Block of year from the date of issue

of licence

(ii) Proportion of total Export Obligation

nilfillcd

(iii) Details ofphysical/deemed exports :

200 THE GAZETTE OF INDIA: EXTRAORDINARY

[PARTI—SKC . 1]

Remarks s.

No.

Shipping Bill No./Date/Lorry/ Railway receipt number and date

Product Exported/ Supplied

FOB value of exports/ FOR value of supplies

Exports/ Supplies made out of imported capital goods to dis- charge E.O. imposed on the Licence and export proceeds realised

Direct exports

Third Party exports

Deemed exports

(4a)

(4c)

(4b)

(5)

(3)

(2)

(1)

(iv) We further declare that we have made exports of US$/Rupee in the licensing year Tor maintenance of average [other than that mentioned in (iii) above],

We hereby declare that the above particulars are correct.

Signature with seal and Designation of the exporter It is certified that we have verified the books of Accounts Books of Uie above exporter and the particulars given above in respect of export both physical and deemed, are correct. It is also certified that all the shipping bills verified by me/us as mentioned in (iii) above contained in the EPCG Licence No. and date as given at Sl.No. (b) above.

Signature with seal of the Chartered Accountant/Cost & Works Accountant

Membership No. This is certified that all physical exports as shown in (iii) & (iv) above are in freely convertible currency and payment ofthc same has been realised.

For Deemed exports

Signature with the seal of the Bank Date:

B;mk Code No. Note: 1. The consolidated statement may be submitted only at the lime of seeking redemption of BG/LUT and the statement should be complete in all respects including the information in S.No.O) column (4) above duly certified by Chartered Accountant as well as by the Bank.

Documents to be enclosed with the application form:

1) Copy of bill of entry showing the date of clearance of the first consignment.

APPENDIX-") B

STATEMENT OF FOREIGN EXCHANGE EARNINGS AND REDEMPTION FORM UNDER EPCG SCHEME

FOR SERVICE PROVIDERS

NOTE PLEASE SEE PARAGRAPH 5.9 AND 5.13 OFTH1S HANDBOOK

(a) Namc& Address oflhc Licence holder :

(b) EPCG Licence No. & Date

: CO Allowed: . (ii) Utilised-201 (d) Export Obligation imposed on

the EPCG Licence

(i) Export obligation equal to four/five/six

times of the CIF value of capital goods. :

(ii) Average exports to be maintained :

(e) Type of service rendered as perthc condi-

tions attached to the EPCG licence : (0 Date of completion of export obligation : : (g) Details of Service Provided

0) Year/Block of year from the dale of issue

ofliecnce.

(ii) Proportion of total Export Obligation

fulfilled. (iii) Details:

Type of Service Rendered

s No.

Foreign Exchange Earnings by Service Provider

Voucher No/Tnvoice No. (not applicable for the hotel industry)

Forex earnings realised by service provider foi maintaining average

Forex earnings realised for additional EO under EPCG

(2)

(4b)

(4a)

(1)

(3)

We hereby declare that the above particulars are correct.

Signature with seal and Designation of the service provider

It is certified that we have verified the foreign exchange earned for the licensing years mentioned above by the service provider.

Signature with seal of the Chartered Accountant

Membership No. This is certified that all services rendered as shown above are in freely convertible currency (both direct and indirect in respect of the service provider) and payment of the same has been realised,

Signature with the seal of the Bank/ Authorised dealer in foreign exchange.

Date:

Bank/Authorised dealer Code No

Note: 1. The consolidated statement may be submitted only at the time of seeking redemption of Bank Guarantee Legal Undertaking and the statement should be complete in all respects including the information in column (g)(3) above duly certified by Chartered Accountant as well as by the Bank/authorised dealer.

2. For hotel industry, the payments covered under Policy circular 60/97-2002 dated 24.12.98, shall be considered as foreign exchange earned for the purpose of EPCG scheme.

Documents to be enclosed with the application form

1. Copy of Bill of Entry showing date of clearairce of the first consignment.

202 THE GAZETTE OF INDIA: EXTRAORDINARY

IPAIU 1—Sr;<\ II

APPENDIX-10

FORMOFAPPUCATIONFORFIXATION/MODIFrCATIONOFSTANDARDINPUT/OIJTPLTNORlVIS 1. Please see Paragraphs 4.9 and 4.10 of this Handbook.

2. Please read the general instructions given at Appendix-1 before filling this application.

3. Please submit 5 copies of this application form.

FOR OFFICIAL USE

FileNo.:

Dale-

PART 1 TO APPENDIX 10

(Application for fixation or Standard input-output Norms)

1. Name and address of the applicant • 2. IEC Number

.1 Resultant product

Export Product Group

4. Details of Items required for manufacture of one Unit of Export Product:

(a) Imported inputs:

S.No. Required import item

Quantity re- quired per unit of resultant product

ITC(HS) Code

Description Technical Character -i sties

Purpose of requirement

Recoverable wastagc/bv product Name Quantity value Wastage claimed (%agc) on net content basis

* Purpose of requirement should be indicated against each item whether the same is required as raw material/components/ solvcnts/catalysts/packing material etc.

(b) Indigenous inputs

1TC(HS) Code

Quantity re- quired per unit of resultant product S.No. Required import item Description Technical Character -istics

Recoverable \\aslage/b> product Purpose of requirement *

Name Quantity \ alue Wastage claim cd (%nge) on net content basis203 5. Production and consumption data of the manufacturer/supporting manufacturer (of preceding llircc licensing years duly certified by the Chartered Accountant/Cost and Works Accountant):

Year

Quantity consumed/ unit production Total production of the resultant product

Quantity of different Hems consumed

(4) (2)

(3)

(1)

6. Details of earlier licences obtained (if any) for the resultant product during the preceding two licensing years.

S.No, Licence no. date and issuing authority

Whether based on ALC/SALC norms (please specify enclosing a copy of licence)

Norms adopted per unit resultant product (items No in the same order asinS No.4 above)

(4)

(3)

7. Please furnish technical details as per Annexure-I depending upon the resultant product. Please confirm the same [ 1

(TO BE FILLED IN BY THE CHARTERED ENGINEER)

8. 1 have examined the applicant company's import requirements of raw materials etc with regard to their technical description/ specification and the quantity against each item of import and having due regard to proper technical norms of consumption and after teclinical scrutiny of relevant designs and drawings 1 hereby certify that they are correct in all respects and are actually required fortlie execution of the export item for which the application is made.

Signature of Chartered Engineer

Name in Block Letters

Designation

Address

Tel.No

Name and Address of the Institution Ref. No. and Date of Corporate Membership 204 THE GAZETTE OF INDIA. EXTRAORDINARY

I PART 1—SEC. 1 ]

DECLARATION/UNDERTAKING

1. [/We hereby declare that the particulars and the statements made in this application arc true and correct to the best of my/our knowledge and bclicfand nothing has been concealed or held therefrom.

2. I/Wc fully understand that any information furnished in the application if proved incorrect orfalsc will render me/ us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

.1 I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders framed thereunder, the Export and Import Policy and the Handbook of Procedures.

4 1 hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the Policy.

(SIGNATURE OF APPLICANT)

Name in Block Letters :

Designation :

Official address :

Place:

Residential address :

Dale:

E-Mail address:

P A RT 2 A P P E N D I X - 10

(Application for Amendment/Modification of Norms)

1. Name and address of the applicant: :

2. For amendment of export/import items : Export item

Import item

(a) Specify the product group &. Product group

Sl.No.in which amendment is required

(b) Amendments required for item of import/ Sl.No.

export

Items allowed

Resultant product

Items ought for

inclusion/deletion

Discrepancy in export/ import item description

Qty, sought for import per unit of export (for new item)

[4]

[5] P]

[1]

Qty. required Resultant product

Quantity allowed

Import item(s) for which quantity sought to be revised

12]

14] [1]

PJ205 \ Specific justification for amcndmenl souglit

including the details referred lo against S.No. 4.5 ;uid 7 oiPart-I of Appendix-10. (If rctiuired, scp;inilcsheel may be attached)

DECLARATION / UNDERTAKING

(1) I/We hereby declare that the particulars and the statements made in this application arc true and correct lo the best of my /our knowledge and belief and nothing has been concealed or held therefrom.

(2) 1/Wc fully understand that am information furnished in the application if proved incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

0) I/Wc undertake lo abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992. the Rules and Orders framed thereunder, the Export and Import Policy and the Handbook of Procedures.

(4) I hereby certify that I am authorised to\crify and sign this declaration as per Paragraph 9.9 of the Policy.

Signature of the Applicant:

Name:

(in block letters)

Designation:

Official Address :

Residential: Address

E-Mail Address :

Place:

Date

Anncxure-1 To Appendix-10 (I) CHEMICALS PRODUCTS, DRUGS AND PHARMACEUTICALS

(a) Step-wise Manufacturing Process.

(b) Complete Chemical reactions with molecular and structural formula and molecular weights along with stage-wise percentage yields on molar basis.

(c) Material balance (Stoichiometric Balance Details) for the entire manufacturing process. (d) Requirement and recovery¹ of solvents used in the entire manufacturing process at each step.

(0 Details of by-product/co-products formed in the above process with their quantities and values.

(g) Details of solvents charged, recovered and consumed in each step of the manufacturing process in terms of quantity.

(h) Collaborator's guaranteed norms, if any.

(i) Percentage purity of finished product and raw materials and percentage of any diluent/moisture etc. in the export product.

(j) End use of the chemical intermediates being exported. In case of the drug intermediate, the name of the bulk drug where the same is to be used should be indicated.

(k) Cop\ ofthc valid drug manufacturing licence, wherever applicable.

(1) Standard technical literature pertaining to the process as well as \ iclds in case of new drug molecules being exported This technical material can be by way ofstandard references - Chemical Abstracts, Journal of Organic Chemisln and the likeorcop\ of the relevant patent.

(m) Pharmaceutical references whcthcrihc export product is of USP. BPctc.

2<>r> THE GAZETTE OF1"NDIA EXTRAORDINARY

I P v u i l— S ir II (U) ENGINEERING PRODUCTS

a) Model number. technical specification and specific quanlih-both in lermsof niimber(ifany)and/orwcight,of each export product (Column 4 of Appendix-10)

b) Details technical Nolc on manufacturing process.

c) Drawings/catalogues of each export product.

d) Weight of each product (ii'the inputs includes raw material)

IMPORT ITEMS

A. COMPONENTS

i) Technical characteristics/pan numbers, ifam

ii) Assembly drawings/diagrams of the resultant product shoeing placement of components.

Hi) Usage of the components,

iv) Weight of the components

v) Bifurcated quantities of components to be accounted for in the resultant product and the requirement of components as spares.

B. RAW MATERIALS/CONSUMABLES

i) Grade /composition/ range/ thickness elc

ii) Detailed calculation for the quantity of each raw material, supporting draw ings and net weight of each item to be fabricated/manufactured from the said raw material

iii) Stage wise details on the net content in the resultant product with complete justification thereof.

(III). TEXTILE PRODUCTS

a) Detailed drawings of the Items of manufacture i c export product.

b) Justification for wastages claimed in regard to the items to be imported.

c) Justification for import of particular gnidc/spccificalion/ dimension elc . of the raw material applied for; etc.

(IV) PLASTIC/RUBBER PRODUCTS

a) Detailed manufacturing process alongwilh technical justification for wastages claimed at each stage of manufacturing process.

b) Technical descriptions/specifications including size, thickness and weight range of plastic/rubber etc. of the products to be exported along with small samples of export product.

c) Chemical name of Processing Aid. Blow tug Agent & pigment proposed to be imported.

d) Whether the scrap generated in the process is being reused or not. If not the technical justification for its non-use may be furnished. If the scrap is being sold, the sale value/commercial value may be indicated.

e) Percentage of rubber compound in the export product.

0 Percentage composition of nibber compound in terms of different constituents,

g) Percentage composition by weight of constituents in formulated/ blended products.

(V) PESTICIDES

a) Manufacturing process for pesticides for both technical grade as w ell as formulation, as the case ma> be.

b) Detailed chemical reactions and material balance along w ilh molecularw eight of Uic rcactants. % > icld and wastages at different stages of manufacturing process supported b\ authentic/printed technical literature.

c) Details of by-products, if any. formed during the reaction alongw ith its recoven in terms ofqunntih and value d) Percentage purit\ of finished product and raw materials and percentage of an> diluent/moisture elc in the export product207 (c) Registration Certificate issued from Central Insecticides Board for the manufacture of pesticides (leclmical grade) and also pesticides formulations.

(VI) PAINTS/SURFACE COATINGS/PRINTING INKS

(a) Percentage solid resin content in the export product.

(b) Percentage pigment content in the export product.

(VII) DYES & DYE INTERMEDIA TES

(a) Manufacturing process, material balance and How chart.

(b) Balanced chemical reaction showing all the rcaclants. product and bv-products(s)with their molecular formulas and molecular weights.

(d) Authentic/printed technical literature in support of yield or quantity of items applied for import.

(e) Details of solvents charged during the process, quantity recovered and loss in process and recovery.

(0 Details of by products formed during the process and their recovery in terms of quantity and \ alue (g) Details of standardization and % dye content of export item

(h) Colour Index No. and Hue No. of D\ es.

(VIII) PAPER AND PAPER PRODUCTS

(a) GSM of item of export/import

(b) Coaling composition in case of coaled paper and percentage coating weight in the export product.

APPENDIX-1IIA

DATA SHEET FOR DEPB RATES

Note: Please sec paragraph 4 .IS of this Handbook (Vol. I)

FOR OFFICIAL USE

File No

D;itc

1. Name and address of the applicant

2. lECNo

3. Item of export Ibrwhich fixation of DEPB rale is sought.

Description

Inputs allowed

SI. No. in

of Item of export

Handbook (Vol.2) Description

ITC(HS) (Code) Basic Customs Duly 5. Total exports effected during preceding three licensing year

Ycir

FOB value (Rs.)

(>. Exports made during pasl one year of the ileni for which DEPB rale is applied for.

Item of export Quantity FOB value

(in Rupees) 20X THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. I] 7. Details of imports effected during the past one year of inputs allow cd under Standard Input Output Norms (Handbook of Procedures -Vol. 2)

Quantity of import CIF value Per unit CIF SI. No. Item of import

Bill of Entry No. and date

value 9. Details of international journals/magazine evidencing international price of inputs in support of the data furnished above.

WORKSHEET FOR COMPUTATION OF DEPB RATES

Description of import items allowed as pcrSlON

FOB value per unit quantity of export pro- duct (Kg./ MTetc.)

CIF value of each of the input allowed for import m

Quantity¹ of import item allowed for each of the input as per S1ON (Kg./MTctc.)

• SION

Rate of b-'sic Customs Duty against each of the input allowed for import in SION

[Column (3) ^ Column (4)] (lnRs/USS)

CIF value per unit quantity (Kg./MT etc.) of each of the item allowed for import in S1ON (In Rs./ US$)

Effective basic Customs duty against each of the input allowed for import in SION Column (5) * Column (6) (lnRs./US$) (2)

(6)

(3)

(4)

(7)

(5)

(1)

Total CIF (InRs./ US$)

Total Customs Duty (lnRs./US$)

DECLARATION/UNDERTAKING

(a) I/We hereby declare that the particulars and the statements made in this application arc true and correct to the best of my/our knowledge and belief and nothing has been concealed or held therefrom.

(b) I/We fully understand that any information furnished in the application if proved incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

the Rules and Orders framed thereunder, the Export and Import Policy and the Handbook ofProcedurcs.

(d) I/We hereby declare that I/wc have submitted a copy of the data sheet and supporting documents to Export Promotion Council/Commodity Board on (Dale).

(S1GNATUREOF APPLICANT)

Name in Block Letters Designation Official Address Place:

Date:

Residential Address E-mail209

INSTRUCTIONS FOR FILLING THE DATA SHEET

(;i) Submit in duplicate. Appendix I-A of Handbook (Vol I )along\vith the data sheet

(b) In support of data furnished at S.No. 7, Hand 9 of the datasheet, copies of a minimum of 5 Shipping Bills/Bills of Entry need lobe submitted for each ilem of export/import during ihcpasl one year. Tiiis max however be restricted to two Shipping Bills/Bills of Entry/per month for exports/ imports effected during the paM one year.

(c) International price ol Hems ol import as obtained Irom iuicrnalional iouriials/maga/.incs is to be submitted only in support of actual imports as detailed at S No K and l) of the data sheet

(d) 25 copies oflhc data sheet is to be submitted. However, only two copies of the supporting documents viz relevant Shipping Bills/ Bills of Entry is to be submitted in support of all the data as furnished by the applicant on the data sheet.

(e) I f the applicant has insufficient data on the items of iniport/cNport. Ire may also submit data and documents of other exporters of the same export product.

(0 A copy oflhc Data Sheet and supporting documents should simultaneously be submitted to the concerned Export Promotion Council/Commodity Board.

(g) The DUPB rate shall be fixed only lor those products for which Standard Input Ouipiit Norms have been notified In case of an export product for which Standard Input Output Norms is not fixed, the applicant has to first apply for fixation ofSION.

APPENDIX-10 B

APPLICATION FORM FOR GRANT OF ADVANCE LICENCE UNDER THE DUTY EXEMPTION SCHEME

I Please sec paragraph 4.1.1 o l l hc Policy and Paragraph 4 4.4.42. 4.5. 4 7 o f l h is Handbook ( V ol 1) 2. Please read the general instructions given al Appendix I before filling misapplication.

"> Please submit 2 copies o f l h is application (10 copies if no Standard input-output norms are fixed)

FOR OFFICIAL USE

File No

Date

I Nameand address of Ihcapplicanl .

2. I [{.Code No ;

1 (a) Name and address of the manufacturer/ supporting/co-manufaclurcr

(b) Type of Registration Date

unit No

4. Total FOB value of Rs

In currency

lnUS$

exports including ol exports of exports

commission

5 Total CIFvalucof Rs

In currency

InUSSi

imports: ol exports of exports

() VALUli ADDITION

7 Application fee (a) Bank Rcceipl/D D No

and date :

(b) Issued by .

1079 GI/2002—16A 210 THE GAZETTE OF INDIA: EXTRAORDINARY I Pun I— SLC 1| R Port of Registration ;

9. Sr.No. of Standard

Input-Output Norms:

10. Supply Order No. . . ,. d;iic

11. Nome and address of llic

Project Authority/Ultimate Exporter • 12. Delivery period of supply '

(Column 11 and 12 are applicable for Advance Licence for intermediate supply and Ad\ ancc Licence for deemed exports)

1.3. Ifthe application is for Advance Licence for deemed export, indicate •

i) Credit under which Project is financed ii) Method by which the order is procured :

(International Competitive Bidding etc.) 14. Details ofoulstanding export obligation against Ad\ anec Licence including Annual Ad\ ancc Licence/prc- cxportDEPB issued under Duty Exemption Scheme

FOB value (Rs.) Licence No and Dale

SI. No.

C1F value (Rs.)

Percentage of export obligation fulfilled

Dale of expin of export obligation period

Value wise

Quantity wise

15. Details of the products to be exported/supplied (Resultant Products).

SI.

Resultant product (s)

FOB^ahic

Unit of

measurement

Total quantity No

lTC(HS) Code

Name, Technical Characteristics and quality

Name Code

In rupees

In freely convertible currency (FCC)

1079 GI/2002—16B211 16. Details of Items sought to be Imported Dut\ free (Arranged Item wise)

Import item

SI. No.

Total quantih Total C1F value

Unit of

iiiciisiircuicnl

Name Code

ITC(HS) Code

Name. Teclmical Characteristics and qualih

Total exemp- tion Crom Cus- toms duty Rs. In free foreign exchange

18. Details of other materials to be used in resultant product and sought to be imported/procured from sources other than the licence on which draw back benefits is to be a\ ailed.

(This column need not be filled if benefit of drawback is not being sought)

SI Resultant

Total

Impoiied item

prodtict(s)

No.

quantih

(Name.

Quantih

Name.

Technical

Technical and unit

characler-

character- of measure-

islics and

istics and ment qualih)

qualih Indigcnously procured

Item

Quantity

I'll-

Name.

Value

and unit

\ aluc Technical

of measure-

character

ment

islics and

qualih

DECLARATION/I UNDERTAKING

1. I/We hereby declare that the particulars and the statements made in this application arc true and correct to [\\c best of my/our know ledge and belief and nothing has been concealed or held therefrom.

2. I/We fulh understand that an\ information furnished in theapplicalion if proved incorrect or false will render inc/us liable for any penal action orollier consequences as may be prescribed in law or otherwise warranted

\ I/We undertake to abide by lhepro\ isions of (he Foreign Trade (Development and Regulation) Acl. IW2. the Rules and Orders framed thereunder, the export and Import Policy and ihc Handbook of Procedures

4. I/Wc further declare that no export proceeds arc outstanding beyond Ihc prescribed period as laid down by Ihc R13I. or such extended period for which RBI permission has been obtained

5. I hereby certify that I am authorised to verily and sign this declaration as per Paragraph l) 'Jol'lhe Polic\

Place

Dale :

Sigualurcol the Applicant

Name

Designation:

Official Address:

Tele No:

E-Mail Address

Doiumcnls to he enclosed with the application form :

1. Bajik Receipt (in duplicalc)/Demand Draft evidencing payment ol'application fee in lermsof Appendix-2¹)

2. Project Authority Certificate in cases application for Advance Licence for deemed export and a copy of imalidalion letter in case of application for Advance Licence for intermediate supply 212 THE GAZETTE OF INDIA. EXTRAORDINARY

IPVKI I—SE<-. II

Annexuretti Appendix- KIB

Note: To be submitted only in cases where Standard Input Output Norms ;ire not fixed and application is preferred under paragraph 4 42 and 4 7 of Handbook (Vol 1)

1. Deiails of Items required for manufacture of one Unit of Export Product •

(a) Imported inputs:

Required import item SI No. Description	Technical Character- istics	1TC(HS) Code	Quantity required per unit of resul- tant product	Purpose of requirement +	Wastage claimed ('Mage) on net content basis	Reco\ crablc \\astagc/b\ product Name Quantih value

* Purpose of requirement should be indicated against each item w licilier ihe same is required as nm material, components, consumables solvents. caial\ sts. packing material etc.

(b) Indigenous inputs

Required import item

SI. No.

Purpose ol" requirement

Rcco\ crable wastage/by product Name CJ>ll;llllil\ value Description Technical ITC(HS) Code

Character- istics

Quantih required per unit of resul- tant product

Wastage claimed (%age) on net content basis

2 Production and consiiinplion dala of the manufacturer/supporting manufacturer (of preceding Iliree licensing years duly certified by the Chartered Accoimtant/Cost and Works Accountant).

Year

Total production of the

Quantity of different

Quantity consumed/ unit production resultant product

llcms consumed

(4) (2)

(1)

T Details of earlier licences obtained (if any) for the resultant product during the preceding two licensing years.

SNo

Licence no dale and issuing authority

Norms adopted per unit resultant product (llems No. in the same order as inS No 4 above)

Whether based on ALC7 SALC norms (Please specify enclosing a copy of licence)

(4) (2)

(1)

0)213 4, Please furnish technical details as per Annc.\urc-I of Appendix-10 depending upon ihc resultant product. Please confirm. QJ

5. (a) FOB value of exports in the preceding licensing years .

(b) C1F value ofliccnccs already obtained under paragraph 4 7

CHARTERED ENGINEERCERTIFICATE

I have examined the applicant company's import requirements of raw materials, components etc with regard to their technical description/ specification and (he quantity against each item of import and having regard to proper technical norms of consumption and after technical scrutiny olrclcv ant designs and drawings. I hereby certify that they arc correct in all respects and are actually required for Ihc execution of Ihc export/supply contracts for

The list of Items covers pages and contains items fora total value of Rs. (in free foreign exchange )

Signature

Name in Block letters

Designation

Address

Place

Name and Address of (lie Institution

under which Chartered

Dale¹

Ref. No and dale ol'Corporalc Membership •

DECLARATION/ UNDERTAKING

I/We hereby declare that in re.spccl of product for which Standard Input Oiilpul norms are nol fixed, we shall abide by the final fixation of norms by ALCand shall pay to (lie Government Customs duly together with 1^% interest on Ihc unutilised inputs as per norms fixed by ALC

Place:

Signatureoflhe Applicant:

Dale:

Name:

Designation

Official Address:

Tele No

E-Mail Address:

APPENDIX-IOC

APPLICATION FORM FOR DUTY ENTITLEMENT PASS BOOK (DEPB)

ON POST EXPORT HASIS

Nutu:

1 Please see Paragraph 4.41 of this I laudbook

2 Please read the general instructions given Appendix I before filling (his application .

Please siibmil 2 copies of this application form ↩

214 THE GAZETTE OF INDIA: EXTRAORDINARY

FilcNo

1 EC Number :

1, Name and address of the Applicant

2. FOB value of exports

X Total DEPB entitlement claimed

4. Application fee Rs

Bank receipt/EFT/DD No. Dalcd

Issued by

5. Port of Registration

6. Application for Transferable License 7. Details of exports made

IPMU I—SEC. 1]

FOR OFFICIAL USE

D;itc

Branch Code:

: Infigures:Rs

inwordsRs

, Infigures-Rs

Inwords.Rs

, •

. Yes/No

DEPB S.No

BRCNo.

+ Dale

SI. No.

Date of Let export order

S.Bill No +Date + Port of Export

(4) (2)

(3)

(I)

FOB In Free Foreign Exchange

Tola! FOB (In Rs.)

Exchange Rate on the date of let export order

Value

Currency Code

[(ID* (12)1

(12)

(10)

(R (H)

Imoice No.

Item Description

Product Group

S.No. of ln\ oicc

(7)

(5)

(8)

Computation of Capped Value

Value Cap

Export Oty in U/M

FOB per U/M 1(13)/ (15)1

Unit of Measure- ment in the unit ofvaluc cap

Capped value | minimum of (K>)& (I7)| or (17) as the case may b e*

(If.)

(17)

(15)

(U)

(18)215 DEPB Rale

DEPB Entitlement

Actual DEPB Entitlement (111%)

(without cut)

Cut Applicable if am

(in1;,,)

(20)*

(15)*(I8)*(I9)/HX)

JI-[(2l)/IO()|!

(19)

(20)

(21)

(22)

* In case there is no \ aluc cap on the product the capped \ alue w ould be equal to the FOB \ aluc per unit of measurement (U/M) as at column (17) of the table abo\ c Else it would be the minimum of columns (1 (>) and (17)

DECLARATION/UNDERTAKING

(1) IAVc hereby declare that the particulars and the statements made m this application are true and correct to the best of my/out know ledge and belief and nothing has been concealed or held therefrom

(2) I/Wefulh understand that am information furnished in the application ifpiovcd incorrect or false will i aider mc/us liable for any penal action or other consequences as ina> be pi escribed in law or olhcrw isc w arranled 0) I/We undertake to abide by the provisions of the Foreign Trade (De\ elopmcnt and Regulation) Act I992 the Rules and Orders framed thereunder, the Export and Import Policv and the Handbook of Procedures

(4) I/We hereby declare that no DEPB has been claimed earlier pertaining lo the particulars of the Shipping Bills gh en above

(5) I/We further declare that no export proceeds are outstanding bc\ ond the prescribed period as laid dow n b> the RBI. or such extended period for which RBI permission has been obtained

(6) I hereby certify that I am authorised to \ erify and sign this declaration as pcrParagiaph 9 9 of the Policy (7) I/We further declare that in case of non realisation of export proceeds or lesser realisation ol export proceeds w c shall pay. in cash, an amount equh alcnt to the DEPB entitlement :ilrcnd\ obtained on Ihcuon realised or lesser realised value of export proceeds together with \i% interest reckoned fioinlhcdateofduh free imports effected underDEPB to the date of pa>ment

Signature of the Applicant

Name

Designation

Official address

Tele No

Residential address

E Mail address

Date

Place

Documents to be enclosed with the application lorm

1. Bank Receipt (in duplicateVDeinaud Draft CMdencingpaMiieni of application fee m terms of Appcndix-29 2 E P Copy of DEPB shipping Bills In case of exports tluough notified land Customs under paragraph 4 40. the Bill of export may be accepted in lieu of shipping bill

3 Bank certificate of exports and realisation as given m Appcndi\-22 2lh THE GAZETTE OF INDIA .-EXTRAORDINARY

|PAKT1—SKC 1J

APPENDIX— KID

APPLICATION FORM FOR GRANT OF DUTY FREE REPLENISHMENT CERTIFICATE

1. Please sec paragraph 4 2 of llic Polic> and Paragraph 4 ; O l o4 "U> of this Handbook.

2, Please read the general instructions gn en al Appendix-1 before filling iliis application.

A Please submit 2 copies of this applicaiion.

FOR OFFICIAL USE

File Number

Dale

1. Name and address of il\e applicant

2. 1 H Code No.

3 Export Product Group

4. S.No(s) of Standard Input-Ouiput

Norms

.^ Total FOB value Rs

Incuneucv in I IS H realised (including

of exports

commission)

(i Total OF Miluc of Rs

lucunenc\ . inlISS imports

olexporls

7 Value addition:

5. Application fee

(a) Bank Receipt/... .

.. . . ..

Demand Draft No

and date

(b) Rupees

l) Port of Export

•

10. Detailsolllie product exported (Resultant Products).

Total quanlilN I lull of measurement

I'OBxalnc S. No Resultant product

In inpees In freely

Name Code

Description

coin eilible S.No ofSION

of export

ciirrcncN

ITC (US) Code

product

(1 ••(•(') I I I )etails of Items sought to bu hu|)orlcd I >ui> free as replenishment

Total c|uanlilx Unit ol measurement (U/M)

S.No Import item

Name Code

Description ITC(llS)Codc217 12 Details ofothcr materials used in resultant product and imported/procured from sources other than the licence.

Indigenously procured iicm S.No Resultant

Imported item

Toml quantity

product! s) (description of export product)

dF Description Quant it> Value

Description Quantity

and U/M

\aluc

and U/M

DECIARATION/IJNDERTAKING

1. l/Wc hcrcb} declare that the pariiculars ;uid the statements made Ln this applicaiion arc inic and correct to the best of my/our knowledge and belief and nothing has been concealed or held therefrom

2 l/Wc full\ understand thai any information furnished in the application if pro\ cd incorrect or false will render me/us liable for am penal aclion or other consequences as max be prescribed in law or otherwise warranted.

1 l/Wc undertake to abide by the provisions of the Foreign Trade (Dev clopmcnt and Regulation) Act. ll>l>2. (he Rules and Orders framed thereunder, the Expon and Import Policy and ihe Handbook of Procedures

4. I/We further declare thai no export proceeds arc outstanding beyond I lie prescribed period as laid down li} the KB1. or such extended period for which RBI permission has been obtained

5 I hcrcb} certify that I am authorised to \erif} and sign this declaration as per Paragraph '•>.'> of the Policy.

Place¹

Signature of the Applicant ....

Dale •

Name. .

Designation:

Official Address

Tele No

E-Mail Address . ,.

Documents to be enclosed w ilh the application form

I. Bank Receipt (in duplicale)/l)cmand Draft evidencing payment of application fee in terms of Appcndi\-2lJ 2 HP copy of the Shipping Bill, ln ease of exports through notified land Customs under paragraph 4 IlJ. Ihe Rill of export may be accepted in lieu of shipping bill

1 B.uik Certificated'Export and Realisation as gi\ en in Appcndix-22

4. A statement of exports gh ing separately each Shipping Bill number and dale. FOB \aluc in Indian rupees as per Shipping Rill and description of the resultant product 218 THEGAZETTEOFINDIA: EXTRAORDINARY

I P M U I— Sir II

APPENDIX-1(1 E

FORMAT OF ADVANCE RELEASE ORDER

N O T E: Please sec paragraph 4 1 K of Ihc policy and paragraph 4 14 of this Handbook

COVERNMENTOF INDIA

MINISTRYOF COMMERCE

o n i c c o n i ic ,

....

, . . . -, FilcNo . Dale

.. ..

Advance Release Order No Dale

1 Name and address ofilie applicant •

2 Licence no.

Dale.

1 Name and address of the Indigenous Producer

4 Hems lo be supplied by Indigenous producer

SNo

Q\\ (in figures and weirds) Value (in llgures and words)

5 Licensing Authority ol llie Indigenous

producer

Nole a) This Advance Release Order shall be produced in original lo abo\ e mentioned indigenous producer for supply ol goods as per above delail.s,

b) 'IhisKeleaseOrderwillbevalidiipIo

c) The material received by the holder of this Release Order shall be subject to the same conditions as applicable lo ihe licences issued under Advance Licence against which lliis Advance Release Order has been issued d) Roih i|iiaulil\ and value shall be limiting factor

Yours faithfully.

Asslt Director General of Foreign Trade/

Foreign Trade Development Officer

.Security Seal

Endl.No

....

Dated

(i) Jl./D> DiieclorCieneialof Foreign Trade ,,..

(Name and address of the licensing authority of indigenous producer) 2\l) (ii) M/s

(Name and address of the indigenous producer) for necessarv action.

Asstl Director General of Foreign Trade/

Foreign Trade Dc\ elopincM Officei Details of materials supplied under above Adv mice Release Order

Value of goods

S. No. Description ol goods Qii;inlit\ supplied

In figures In words

We confirm has ing supplied the goods as per details abo\ e.

Signature

(Name and address of indigenous producer) We confirm ha\ ing received the goods as per details abo\ c.

Signature

(Name and address of ihe Ad\ ancc Release Order)

APPENDIX— I0F

FORM OF APPLICATION FOR ENHANCEMENT IN CIF VALUE OF ADVANCE LICENCE ISSUED UNDER

DUTY EXEMPTION SCHEME

Note: Please see Paragraph 4.21 of this Handbook.

TOR OFFICIAL USE

File No: Date —

I. Name and address of Licensee

2.1.E.C Number

LiccnccNo Dale

1 (n) Original CIF value: (a) Proposed CIF value:

(b) Original TOI3 value: (b) Proposed FOB \ aluc:

4 Details of import items •

BalanceQly. to

Unit Code

Balance CIF value S.No Items of import

Sr.No in the licence

available

be imported

(4)

('))

(2)

C5)

(1) 220 THE GAZETTE OF fNDl A. EXTRAORDINARY

IPAIUI -SL<. 11 5. CIF v:iliic of inputs.

S.No. Al the time of application

Rc\ iscd

ToUil-

Total-

6 Reasons for seeking enhancement :

DECLARATION/UNDERTAKING

1 I/Wc hereby declare thai the particulars and the statements m;ide in this application arc true and correct to the best of my /our knowledge and belief and nothing has been concealed or held therefrom.

2 1/Wc fully understand that any information furnished in the application if proved incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise u arranted

3 I/We undertake to abide by the provisions of the Foreign Trade Development and Regulation Act. I lJl>2. the Rules and Orders trained thereunder, the Export and Import Policy and the Handbook of Procedures.

4 I/We further declare that no export proceeds arc outstanding beyond the prescribed period as laid dow u b\ the RBI. or such extended period for which RBI permission has been obtained

5 I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 'J.9 of Llic Policy Place:

Date:

Signature of the Appl i cant

Name: .

Designation.... . .

Official Address ,.

Place:

Tele, No.:

Date:

E.Mail Address Documents to be enclosed w ilh the application iorm

1. Bank Receipt (in duplicatc)/Dcmand Draft evidencing pa>meni of application fee in terms of Appendi\-2¹'.

2. Advance Licence in original.

APPENDIX IOC

FORM OF APPLICATION FOR REVALUATION OF LICENCE/EXTENSION IN EXPORT

OBLIGATION PERIOD OF A LICENCE.

Note: Please see Paragraph 2.13.4 22.4 23 and 5 11 of this Handbook

FOR OFFICIAL USE

File No.: Date:

221

1. N;mic & address of the licensee

2. IECNO

3 (a) Licence No. & D;iic

. . ....

(b) ClF\;ilue

' ...

...

\\;is issued

4 Details of licence Utilisation of licence

Item

S.No.

Value

In "ii(]iianlil> terms In " i i\ aluc terms Quantity

(4)

(1)

C-)

(')

Total

-\ Detailsorrorullllmenl.

Export obligation

E\pon obligation completed (During initial period .. )

Value terms

S No Item

Value

Qiiantit>

Quaniit\ terms ("")

(Rs/'\,)

(1)

(4)

( II

(<>

Tolal

E\poi1 Obligation Completed

Unluiniled Export ()l .ili.ualion (DiuiniiCNiended period )

(7)

(")

(-S)

Value term (Rs./"")

(,>uaiilil\ term

(^iianlil\ ienii("n)

Value l c n n ( R s / " i >)

(>. Extension in Export obligation

period applied uplo

7. Validity ofLiccncc

Initial \ a l i d i (\

l'\lendcd\'aliclily

(1)

8. Bank Receipt/Demand Draft No

Date

Value'

Issuing Bank-

nraiieli 222 THE GAZETTE OF INDIA EXTRAORDINARY

IPuu I—Sue. II 9 Reasons for seeking revalidation/

extension in export obligation period:

DECLARATION/UNDERTAKING

1. 1/Wc herein declare that ihc particulars and ihc slatements made in this application are true and correct loihe best of my /our know ledge and belief and nothing has been concealed or held (hercfrom.

2 I/Wcfulh understand thai am inforniation furnished in the application if proved incorrect or false will render nic/us liable for any penal action or other consequences as may be prescribed in law or othcrw isc w arrantcd 3. I/Wc undertake to abide by the provisions of the Foreign Trade (De\ clopincnl and Regulation) Act. 1 992. the Rules and Orders framed thereunder, the Export and Import Policy and the Handbook of Procedures

4. I/We further declare that no export proceeds are outstanding beyond ihc prescribed period as laid down by the RBI. or such extended period for which RBI permission has been obtained

5. 1 hereby certify thai I am authorised to \ crify and sign thisdeclamlionas per Paragraph 9,9 of Ihc Policy.

Place:

Signature of the Applicant Date:

Name •

Designation .

Official Address

Tele No

Residential Address

E Mail Address '

Documents to be enclosed with the application form

1 Bank Receipt (in diiplicalc)/Demand Draft evidencing payment of application fee in terms of Appcndi\-29 as applicable 2. Import Licence in original and a self-certified copy thereof.

APPENDIX-11

FORM OF AFFIDAVITFOROBTAIMING DUPLICATE COPYOF LICENCES WHICH ARELOSTOR MISPLACED

NOTE. Please see paragraph 2.14 & 2 15 of this Handbook

I/Wchcrcby solemnly affirm and declare that customs purpose copy /exchange purpose copy/bolh the copy of Licence No. dated issued to me/us has been lost/misplaced, without having been registered with any Customs House / after having been registered with _, (Customs House) and not utilised ai all/utilised partly The total amount for which the Licence was issued is Rs (figure and words )and the total amount for which the duplicate is now required is lo cover Ihc balance of Rs Licence has not been cancelled, pledged, transferred or handed o\cr by liie/usoronmv bchalflo.au> other party for any purpose/consideration w hatsoevcr. I/We request to cancel the original Licence in lieu of which Ihc duplicate copy has been applied for by me/ us. I/We agree and undertake to return Ihc original Licence, if traced later, to Ihc issuing authority for record Documents to be enclosed with the application form:

I. Bank Receipt (in duplicale)/Dcmand Dr.ilt c\ idencing payment of application fee in terms of Appendix-2¹) 2 Copy of Firsi Information Report (FIR).

223

APPENDIX-12

FORMATOFPROJECT AUTHORITY CERTIFICATE

NOTE: PLE ASE SEE PARAGRAPH 4 1.1 OF THE POLICY AND PARAGRAPH 4.4,8 3 lo 8.8 OF THIS HANDBOOK I

(Name and Designation) am duly authorised lo issue theProjcci Authority Certificate. I hereby certify that M/.s have been awarded a contract forsupply of goods of value, quantity and description mentioned below for total v;ilue ofRs (in words ) against purchase order No. dated

It is certified —

(;D Thai supplies under contract No ... Dalcd arc lobe made in India to a project financed by multilateral orbilalcral Agencies/Funds namely which has been notified by the Department of Economic AH airs. Ministry of Finance vide their Reference No Dated . rind tho same is under the procedure of International Competitive Bidding in accordance with the procedure of the above mentioned Agency/ Fund, legal agreement of which provides for lender evaluation without including the customs duty and thai the import content of the order is Rs.(figure andwords )

(b) Thai supplies under the contract arc to be made lo a project namely which has been notified by Uic Department of Economic Affairs, Ministry of Finance vide their Reference No Dated and which permits the imports at zero customs duty, but if procured domestically, then the benefit of Deemed Exports has been prescribed and that the import conlcnt of the order is Rs. (figure and words

)

(c) That the supplies under the contracts arc to be made to unit in the EPZ/EOU/EHTP/STP/SEZ and the contract is according to the Policy laid down in Chapler-4 of the EXIM Policy, 2002-07 by the receiving agency in terms of Paragraph 8 <•> I of Ihe Handbook (Vol. I) 2002-07.

(d) That supply of the Capital Goods under Ihe conlracl to be made to fertilizer plants in India is under the procedure of International competitive bidding in accordance with the Provisions of Paragraph 8.6.4 of the Handbook (Vol I) 2002-07 and that the import content of the order is Rs.(figurc and words ) (c) That supply of the goods under the contract to be made to power and refineries in India is under (he procedure of international competitive bidding in accordance with the provisions of paragraph 8.6.5 and s (i f> of ihe Handbook (Vol I) 2002-07 and that the import content of Ihe order is Rs.(figurcs and words )

(f) Thai supply of the goods lo UN organisations under the procedure of International Competitive Bidding in accordance with Ihe provisions of paragraph 8.6,7 of the Handbook (Vol.1) 2002-07 and that the import content ol the order is Rs.(Figures and words )

(g) Thai supply of goods lo specified nuclear power projects under Ihe procedure of Competitive Bidding is made in accordance with Ihe provisions of paragraph 8 6.8 of Handbook (Vol.1), 2002-07 and the import content ol'lhe order is Rs. (Figures and words ).

(li) Thai supply ol goods required in connection willi petroleum operations undertaken under petroleum exploration licences or mining leases is made in accordance vvilli the provisions of paragraph 8.6.5 of the I landbook (Vol. I) ;uid the import content of Ihe order is Rs. (Figures mid words ). 2* ll is further certified lhat the conlracl No Dated in respect of (Name of the project) has been awarded lo M/s as Ihe Indian/ Foreign main contractor and M/s are Uie sub- contractor, whose name is also included in the main conlracl The description, quantity ofthc goods as described below to be supplied lo us directly by the sub-conlracloror lobe supplied by the sub contractor to the main contractor is shown in the main coulrael and is in accordance with Ihe relevant Policy/Procedure applicable lo such contracts. It is further certified thai ihc payment in respcel of Ihe goods lo be supplied by the sub-contractor will be made directly by us/main contractor in Indian Rupees

•Relevant only for conlracl at Paragraph l(a). (b), (d). (c) and (f) for which Anncxurc-I to Appendix-12 be furnished.

224 THE GAZETTE OF INDIA: EXTRAORDINARY

[PARTI—Stc. 11 PARTICULARS OF SUPPLIES TO BE MADE

(a) Bv the main contractor

S.No.

Description of item to be supplied

Quantity

(1)

(3)

(b) By the sub-contractor

S.No.

Description of item to be supplied

Quantity

(3)

(1)

3. It is also certified that no other similar certificate to any other party has been granted for the same supplies detailed above, under trie same contract referred to above.

Signature :

Name and Designation :

Nameoftheproject :

,,., Place;

Seal.

Date:

Note:

(1) Delete whichever is not applicable

(2) Each Project Authority Certificate should bear a serial number.

(3) This certificate is to be signed by the Chief Executive of the project concerned or by a senior officer specifically authorised by him for this purpose whose name, designation are circulated to the Port Licensing Authority concerned. The responsibility for sending timely advice of changes in the names oT the nominated officers will solely rest with the project authority concerned.

(4) In the case of supplies to be made by a sub-contractor whose name is included in the main contract, his name should also compulsorily be indicated in para 2 with details of supplies to be made by him. alongwith the name of the main contractor.

(5) In the case of supply to EOU/EPZ/EHTP/STP/SEZ unit, the Certificate shall be signed by the authorised signatory of the unit.

(6) In case of supplies under Lease financing agreement, the Project Authority certificate shall be jointly signed by the Project Authority and Lease financing.

Anncxurc-I to Appendix-12

CERTIFICATE BY THE MAIN CONTRACTOR TO THE SUB CONTRACTOR

It is certified that the contract No dated in respect of (Name of the project) lias been awarded to M/s as the Indian/Foreign main contractor and M/s as the sub-contractor, whose name is certified in the main contract. The description and quantity of the goods as described below to be supplied directly by the sub-contractor to the project authority or to be supplied by the sub-contractor to the main contractor is shown in the225 main contract and is in accordance with the relevant Policy/procedure applicable to such contracts. It is further certified that the payment in respect of the goods to be supplied by the sub-contractor will be made directly by the Project Authority/ us.

PARTICULARS OF SUPPLIES TO BE MADE

(a) By the main contractor

S.No. Description of item(s) to be supplied Quantity Value CIF Content (b) By the sub-contractor

S.No. Description of itcm(s) to be supplied Quantity Value CIF Content

Signature : _ _ _ _ _ _ __

Name of Authorised Signatory :

Designation :

Name of Main Contractor :

Date :

Place :

APPENDIX-12 A

FORMAT OF CERTIFICATE OF PAYMENTS ISSUED BY THE PROJECT AUTHORITY

NOTE: PLEASE SEE PARAGRAPH 8.6.3 AND 8.7 OF THIS HANDBOOK.

FORM I-A

(CERTIFICATE OF PAYMENT TO BE ISSUED BY THE PROJECT AUTHORITY FOR SUPPLIES MADE TO CATEGORIES (d), (c), (f) and (g)(i) and (j) OF PARAGRAPH 8 OF THE POLICY)

Certified that the goods of quantity and value as described below and in Invoice No Dated havebeen supplied to us on date against purchase orderNo dated and we have paid to the suppliers, namely, M/s die sum of Rs. (figures midwords ) on (date) being percent of the value of the goods/equipmcnts/capilal goods supplied as per terms of the contract No dated entered into with the suppliers in accordance w ith the conditions applicable to :

*(i) Supply of goods to projects financed by multilateral or bilateral Agencies/Funds as notified by the Department of Economic Affairs, Ministry of Finance vide their Reference No dated under international competitive bidding or under limited tender system in accordance with the procedures of those agencies/Funds, where the legal agreements provide for lender ei aluation without including the customs duty; and

*(ii) Supply of capital goods to fertiliser .plants if the supply is made under the procedure of international competitive bidding:

""(in) Supply of goods to any project or purpose in respect of which the Ministry of Finance vide their Notification No dated permits the import of such goods at zero customs duty coupled with the extension of benefits under Deemed Exports for domestic supplies.

*(iv) Supply of goods to such projects in the Powerundcr International competitive bidding and refineries under international competitive bidding in respect of which the Ministry of Finance, extends the benefits of deemed exports to domestic supplies.

1079 GI/2002—17A 226 THE GAZETTE OF INDIA: EXTRAORDINARY

[PARI T—She. 11 (\) Supph of goods lo UN organisations under International competitive bidding in respect of which the Ministry of Finance CM ends the benefits of deemed export to domestic supplies.

(vi) Supply ofgoods to specified nuclear power projects under (he procedure of competitive bidding in which the Ministry of Finance extends the benefits of deemed exports to domestic supplies.

(vii) Supph ofgoods to petroleum operations under specified contracts including those under new exploration licensing Polio in which the Ministry of Finance extends the benefits of deemed exports to domestic supplies

It is also certified that the supplies have been accepted by us at the site at die price slated in the invoice.

*(use whichever is applicable) Description. Quantity and Value ofgoods supplied

Signature

Name...

Designation:

Name oflhc Project:

Place:

Date:

Note: I. This certificate should bo signed by Ihe Chief Exccuth e lnchnrgc of the Project concerned orb\ a senior officer specially authorised by him rorlliispurpo.se.

2. In case of supplies to Fertilizer Projects, this certificate should be signed by such officer/authorities as maybe notified from time to lime by the Department of Fertilizers.

FORM I-B

(CERTIFICATE OF PAYMENTTO BE ISSUED TO THR SUB-CONTRACTOR WHOSE NAME APPEARS IN THEMA1N CONTRACT IN RESPECT OF CATEGORIES (d).(c)(O.(g) (I)& (j)ofPARA 8.2 OF THE POLICY) 1. Certified Ihat M/s is an Indian sub-contractor lo M/s

(MainContractor). The contract oflhc main comraclorhas been accepted by us vide No dale The nameoflhcsub- contraclorhas been included in Ihc main contract itself and the description, quantity and value of the goods which has now been supplied lo us or lo the main contractor, has already been indicated in the main contract. These supplies conforms lo Ihc specifications laid down in the m.iin contract

2. ll is also certified thai the goods/equipment of quantity and value as described below and in invoice No. dated ha\ c been supplied lo us,by the above mentioned sub-contractor on (dale) against purchase order No dated and we have paid lolhc sub conlraclor. namely. M/s the sum of Rs (figures and words ) on. .. .(dale) being percent oflhc value of the goods/cquipmenls/capilal goods supplied as per terms of Ihe contract No dated entered into with Ihc suppliers in accordance with the conditions applicable lo:

*(i) Supply of goods lo projects financed by mullilaieral or bilateral Agencies/ Funds as notified by the Department of Economic Affairs. Ministry of Finance vide their Reference No dated under inlcmalional competitive bidding or under limited lender system in accordance with Ihe procedures of those agencies/ Funds, where the legal agreements provide for tender evaluation without including the customs duly, and

*(ii) Supplv of capital goods lo fertiliser plants if the supply is made under the procedure of international competitive bidding.

1079 GI/2002—17B227 *(iii) Supply of goods to any project or purpose in respect of which the Ministry of Finance vide their Notification No... dated permits the import ofsuch goods at zero customs duty coupled with the extension of benefits under Deemed Exports for domestic supplies.

*(iv) Supply of goods to such projects in the Pow er under International competitive bidding and refineries under international competitive bidding or limited global tender in respect of which the Ministry of Finance, extends the benefits of deemed exports to domestic supplies.

*(v) Supply of goods to UN Organisations under International Competitive Bidding or Limited Global Tender in respect of which the Ministry of Finance extends the benefits of deemed export to domestic supplies *(vi) Supply of goods to nuclear pov\cr projects under competitive bidding.

*(vii) Supply of goods to petroleum operations including those under new exploration licensing policy.

* (use whichever is applicable)

3. It is further certified that (lie supplies have been made in terms of the contract No date entered into with the suppliers and the supplies have been accepted by us at site at the price stated in the invoice. We are satisfied that the supplies have been made at international prices.

**lt is further certified that the supp¹' j been made in terms of the contract secured against international competitive bidding in the project being undcrt. . jy us and which has been (a)'approved by the Department of Fertilizers vide their Reference No. dated : or (b) notified vide Department of Economic Affairs. Ministry of Finance Reference No dated and the supplies have been accepted by us at site at the price staled in the invoice.

Signature

Name

Designation

Name of the

Project/Agency

Place

Date

Description, Quantity and Value of Goods supplied.

Signature

Name

Designation ...

Name of (he

Project/Agency

Note:—

(1) Note 1 below Form 1-A is equally applicable in this case.

F0RM1-C

Certificate of payment to be issued by the main contractor for supplies made by sub-contractor whosj name appear in the main contract to categories (d), (e), (0. & (g). (i). & (j). of paragraph 8.2 of the Policy.

Certified that the goods of quantity and value as described below and in invoice No. dated have been supplied to us on date ^ _ _ _ __ against purchase order No. dated _ _ _ __ and we have paid to (he sub-contractor namel\ M/s _ _ _ __ the sum of rupees (figure and words) 228 THE GAZETTEOF INDIA EXTRAORDINARY PART I—SLC. 1] __ on (date) being per cent of the value of the goods/components/ equipment/capital goods supplied as per terms of (he contract No. _ _ __ dated _______ entered into with the sub-contractor.

It is also certified that we, tlic main contractor have supplied such goods/components/equipments/capital goods supplied by the Sub-contractor to the project authority against contract no dated _______ and have received payment on (date) against Invoice No. dated

S.No Description of Goods Qt>. Sub-contractor

Dale Value Date of

Invoice No

Payment S.No. Description of Goods Oty. Contractor

Date Value Date of

Invoice

Payment

It is also certified that we have accepted the supplies at the site at the price staled in the invoice.

Signature

Name:

Date:

Designation:

Place:

Naincof the main contractor:

FORM II

(UNDERTAKING TO BE GIVEN BY THE APPLICANT

We. M/s undertake in respect of our application dated against (description of goods) supplied lo (name of buyer), that —

(l)lfal any future-dale we arc required lo refund any amount to Ihc buyer, namely on account of non-salisfaclory performance of Ihc equipment during the guaranlccpcriodoron account of replacement of defective parts as per contractual agreement we shall send an intimation to the licensing authority giving full particulars within one month of the date ofsuch refund.

(2) We shall refund lo (he licensing authority proportionate amount in respect ofthc amount refunded to Ihc Projccl authority by us.

Signature

Name (In Block Letters)

Designation

Place-

Dale-229

FORM III

(DECLARATION)

We hereby declare and certify that:—

(a) particulars stated in the application dated arecorrect:

(b) the goods as mentioned in application have bcensupplied to

in tennsofthc contracts secured by us

(d) supplies have been made at the prices indicated in Contract No dated

Signature:

Name (hi Block Letters):

Designation:

Name of the Applicant Firm:

Place:

Date :

APPENDIX—12B

APPLICATION FORM FOR CLAIMING DUTY DRAWBACK ON ALL INDUSTRY RATES/FIXATION OF

DRAWBACK RATES/REFUND OF TERMINAL EXCISE DUTY.

Note:—

1. Please see Paragraph 8.3 of the Policy and"Paragraph 8.8 of this Handbook.

2. Please read the general instructions given at Appendix 1 also before filling this application.

FOR OFFICIAL USE

File No.: _ __ Date: _ ^ _ _ _ _ ^ _ _ _ __

PART-A

1. Naineof the applicant firm:

2 Name & Address of the factory where the product supplied is being manufactured (alongwi th Central Excise LicenceNo. if any):

3. Name of the Firm/Co./ Project authority to whom supplies have been made orproducl supplied:

4. Description, quality and the technical characteristics of the product supplied

5. (a) FOB & FOR value of die export in thepreccding three years (vcarwise) :

(b) Value of the total production of the product for the preceding tlirec years (yeanvisc).:

6. (a) Sub-serial number of the drawback schedule under which the product supplied is classified.

(b) If All Industry rate of Drawback is available. Serial No and rale of DBK. :

7. Net weight of the product per unit, where unit is other than by weights.:

230 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 11 8. Current FOR.Priceoftheproductsupplied:

9. The Central Excise Tariff. Chapter/ Heading in which classified and rate of Central Excise duty payable on the supplied product,:

10. State the mode of supplies:

(a) Whether under Central Excise Bond:

(b) Afterpayment of duty under claim of rebate of Central Excise Duty.:

(Strike out vvliichevcr is inapplicable).

11. Whether in respect of any of raw materials/components the benefits under Rules 12A.12(l)(b)& 13 (l)(b) or any other Central Excise Rules is being availed of. if so die details thereof in respect of each input/raw material

12. Whether in respect of any of the raw material/ components MODVAT benefits under Rule 57 A of the Central Excise Rule is being availed of? If so the details thereof in respect of each input/ raw material. Whether any declaration lias been filed in terms of Rule 57(g) (1) of Central Excise Rules for availing MODVAT benefits under Rule 57A If so details of inputs for which such benefit claimed (Furnish details of credit in relevant DBK-11A/IIIA statements attached).:

13. Whether any other benefit under any of the Customs and/or Central Excise Noli fication is being availed of in respect of the raw materials components and othcrinputs used in theproduct supplied.:

14. Whether in respect ofthe imported material

(a) The benefits of duty exemption Scheme is being availed of. If so. the details of the same (viz: Advance Licencc/DEPB/DFRC Number & date or application number and date for Advance Licence and the inputs for which DEEC/DEPB/ DFRC facility is being claimed. A photocopy of the Advance Licence/ DEPB/DFRC to be attached/ forwarded) (b) manufacture imdcrbond procedure in terms of Section 65 of Customs Act, 1962 is being followed: if so. the details thereof.

(b) If yes. then did you declare this DBK claim in Advance Licence for deemed exports application also.:

PART-B

For fixation of Duly Drawback rates under Rule (>( 1) (a) or Rule 7(1) of Drawback (Strike out whichever is not relcv cnt).

17. (a) The drawback rale (or amount) expected (Enclose working sheet in support thereof) :

(b) In case the application is for fixation of special brand rate under Rule 7(i) oftlie Drawback Rules, is the rate indicated in S.No.5 less than four-fifth of Ihc rate indicated in Col. 16(a) above. :

(c) In case ihc application is for fixing ofBrand Rate under Rule 6 of the Drawback Rules, is the rate worked out as at 16(a) above more than l%of FOR Value, if so the percentage of Drawback Rate Expected to FOR value.:

18. (a) Is Uie FOR value with regard to each item in the Supply Invoice less than the value of all imported materials used in the manufacturing of such goods'?:

(b)Ifnot. what is the percentage ofvalue addition against each entry in the supply Invoice.:

19. BricfProccss of manufacture. (Enclose Catalogue/literature, etc.) oftlie items of Export.:

PART-C

(For Refund of Terminal Excise Duty)

20 The Central Excise tariff Chapter/ Heading in which classified mid rate of Central Excise Duty payable on the product supplied.:

21. Central Excise Invoice and corresponding RT - 12 showing amount of Terminal Excise Duty paid or self- certified Invoice showing the amount of Terminal Excise Dut> paid:

231

DECLARAnON/UMDERTAKING

1 lAVe hereby declare tliat (lie particulars gi\ en above are correct to the best of my/our knowledge and belief and thai no separate application in respect of the same goods has been submitted so far.

2. IAV e full understand that am information furnished in the application if proved incorrect or false will render me/ us liable for am penal action or oilier consequences as may be prescribed in law or otherwise warranted.

.1 I/We undertake to abide by I he pro\ isions of the Foreign Trade (Development and Regulation) Act, 1992. the Rules and Orders framed ilicreunder. the Export and Import Policy and ihc Handbook of Procedures.

4. lAVc also declare that l/w c shall inlimaic any change (including receipt o( suo-moito refunds) in the particulars as mentioned in die profonna and statements submitted w ilhin one month from the date of such change and I/we agree to any consequential change in (he Drawback Rales with effect from the dale of changed Drawback Rates arc allowed and shall on demand b\ an Officer of DGFT/D.C repay the amounts received in excess.

5. I/We further declare that 1A\ c shall inuncdiatcK refund the amount of drawback obtained by us in excess of any amount/rale w hich ma_\ be re-dclcnnined by Government as a result of post verification.

(>. I AVc further declare that no export proceeds arc outstanding beyond the prescribed period as laid down by the RBI .or such extended period for which RBI permission has been obtained.

7 I hereby certify that I am authorised lo \ erify and sign this declaration as per Paragraph 9.9 of the Policy

Signature of the Applicant: ^____

Name ' ' „__

Designation : __ ^___

Official Address: _ _ _ _ _ _ ^ _ _ __

Tele. No.: ___ Place:

Residential Address: __ ^ ^ _ __ Date:

.__

E Mail Address : __ Documents to he enclosed with the application form:

A. FOR REFUND OFTERMINAL EXCISE DUTY/DUTY DRAWBACK:

(i) Application in Appendix 12B

(ii) Supply invoices certified by Project Authority or self certified or excise attested invoices. In case of 100% EOUs/EPZ/STP/EHTP units, a complete AR-t A/supply invoice certified by the bond officer is lo be furnished.

(iii) Payment certificate issued by Ihc Project Authority as per Appendix I2A. For Supply to EOU/EPZ units the certificate lo be given regarding rcccipl of payment through normal banking channel in the form given in Appendix- 22 A. However, in respect of supplies under p;iragraph 8.2 (d).(c). (0. (g) and (j), wherever eligible for refund of TED. if the applicant is not able lo furnish payment certificate, lie may alternatively furnish ihc copies of Ihc excise invoices showing the rcccipl of the material by the Project Authority duly countersigned by the aulliorised person for ihis purpose as given in nolcO)ofAppcndi.\-12. in lieu of payment certificate.

In such cases. Ihc applicant shall furnish (he copies of ihc excise invoices showing (he rcccipl-of the material by Ihc Pro j eel authority duly countersigned by Ihc authorised person for Ihis purpose as given in note (3) of Appendix-12 in licuofpaymcnl certificate

(iv) Photocopy of complete A.R.O /Back lo Back LC/DEEC (in case of Advance Licence for deemed Export).

(v) Photocopy of the purchase ordcr/L.O I contract (self certified).

232 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 11 (vi) Original input stage Invoices with corresponding RT-12 duly certified by Excise authorities or self certified invoice showing the Terminal Excise Duty paid.

(vii) In respect of supplies under paragraph 8.2(d), (e). (f). (g) and(j), the applicant shall furnish a copy of the project authority certificate as given in Appendix-12.

ADDITIONAL DOCUMENTS REQUIRED WHEREVER BRAND RATE OF DUTY DRAWBACK IS BEING CLAIMED

(i) DBKI duly certified by a Chartered Engineer.

(ii). DBK II, II A. Ill & III-A. duly certified by a Chartered Accountant alongwith non-availment of MOD VAT Certificate from ihc jurisdictional Excise Authorities.

(iii) Photocopies of Bill of Entries alongwith relevant Import Invoices.

(i\). Original input invoices with corresponding RT-12 duly certified Central Excise Authorities or self-certified invoices show ing payments of excise duty in support of the details shown inDBK.-III aridDBK-IIIA.

Note In case of public sector undertaking, the DBK statements may be signed/certified by the Head of Production and Hciid of Finance Department.

STATEMENT-DBK-I

Description of the Export Product supplied Bill of Materials* issued for manufacture of (No.of units of the export product).

*(Bill ofmalcrials should consist of raw materials and components going into the manufacture of export product supplied and the actual packing materials used).

Unit

Wastage Qty.

Quality

No.

Technical charac- teristics

Gross qty. required

Irrevo- cable

Recover- able Name of the materi;il/ component

Whether imported or indigenous

B\ Producl/co product

Remarks

Net wt. of the material

Qty.

Sale value per unit

Sale Price of waste per unit of Qiy

Give convenient units by which goods arc invoiced for export (e.g. per tonne. perdozen/Pcs.pcrSq. meter etc). Notes:—

1. The Units of quantity to be funiishcdin Col.ft should be given in such a manner that it could be related to Statements 11 and III respectively.

2. Maintenance stores/materials such as lubricating oil. greases, fuel etc. which arc employed to run the machinery and plan! should be excluded.

\ The data for packing materials should be for the same unit quantity for which data for export product for raw materials and components have been given.

4 Only those raw materials/components etc. to be indicated for which proof ofpavment of Customs/Central Excise duties is shown in DBK-II/III Details ofsuch inputs need not be given where no benefit of duly paid is claimed because ofMODVAT or absence of proof of duty Only a brief mention ofsuch inputs being used would be sufficient.

233

CERTIFICATE REQUIRED FOR DBK-I STATEMENT

1. On behalf ofthe applicant, I hereby certify that ihc materials as mentioned above are actually required and being used for production ofcxport product.

Station

Signature

N;imc& Designation of the Chief

Dated __ Executive/Production inchargc

(with seal)

11. It is certified that (to be given by an independent Chartered Engineer).

(a) The consumption of various materials shown in DBK-I has been examined by us and these are actually required and being consumed in the factory of production for manufacture of export product supplied as checked by us on verification of the production process and relevant technical and related documents.

(b) The imported materials above shown in DBK-I arc being actually used in the manufacture of the export product supplied and arc not being substituted by indigenous materials

(c) The w'astagc/co-producl/by-produci claimed arc as per production process in the factory. There is no suppression of co-produci/by-products. The wastages claimed in our views arc reasonable and arc comparable to the general norms for the industry Where wastages arc considered high, an indication of the normal wastage in the industry has been indicated by us, under "Remarks¹ column.

Signature

Name

Designation

Address

Place

Branch of Engg.

Date

in which qualified:

Name & Address oflhc institution

;

under which Chartered Ref No and dale

ol 'membership

STATEMENT- DBK- II

Direct import of materials/components made by UicmanuOiclurcrand foreign materials obtained locally by the manufacturer during the period commencing llircc months prior to the date of supply/first supply uplo the dale of application, for manufacture of

(Name of c\port product supplied)

S.No. Description

Technical characi eristics S.No. in DBK 1 statement

B/E No. and date under

which imported 2

Unit

Name oflhc Customs House

Qty imported originally

Assessable value (>

8 234 THE GAZETTE OF INDIA. EXTRAORDINARY

IPARJ I—SEC. ] I Heading No. in Customs Tariff Act. 1975 Rate of dutyCountry from which imported and name of supplier 10 11 12 Is assessment final

Remarks Basic duty + Additional Customs Duty

Name and full address of the supplier in case the foreign material/Components obtained.locally

Id 13

Notes:—

1. If any ofthc materials mentioned above have also been procured from indigenous origin, tliis must be specificalK stated in remarks column and full details of the procurement alongwith proof of payment of duty should be furnished in DBK-III statement, even if it is claimed that they arc not used in the products exported.

2. Minor items which do not contribute to any significant proportion to the expected drawback rates may be ignored, at the discretion of the applicant.

3. If the assessment against any b/E is not final the nature of dispute may be clearly indicated supported by appropriate letter from concerned customs authorities Normally no DBK is admitted forpro\ isionally assessed B/Es.

4. Refund application made against any B/E, with details must be indicated.

5. Stock position ofthc above materials/Components also lo be given separately (in linked statement II-A)

CERTIFICATE

Certified that the particulars mentioned in this statement are correct to the best of my knowledge and belief and no claims for refund of duty in respect of any of the above mentioned bills ofentries (other than whose details are furnished) has been or will be lodged with the customs Authorities.

Signature and Stamp of independent Chartered Accountant/Cost Accountant

Signature ., „ „ . . ,-, r,- cr~ . , Name & Designation of (he Chief Executive/

Production inchargc (with seal.)

STATEMENT- DBK - IIA

Description

Details of procurements relating to slock of imported materials as on commencement *date (*thc date three months priorto the date of supply/first supply) required for the manufacture of _ _ _„ (Name of export product supplied). S.No.

Unit

Assessa- ble value

S.No. in DBK1 statement

Technical Character- istics

Name of the Customs House

B/E No. and date covering the impor- ted stock

Qty. impor- ted origi- nally

7 Is assessment

2.15

Remark

final

Rate of duly

Country from where imported & name of supplier

Heading No. in Customs Tariff Act, 1975

12 9

Notes:-—-

Stock as on—

Basic duly+ Addl customs duty

Name and full address of the supplier in case the foreign materials/ components obtained locallv

If,

1. In this statement furnish details of stock of all the imported inputs mentioned in statements II which were in stock 3 months prior to die date of shipment/first shipment of the export product and how these were imported/procured. (Actual stock to be given under Col. 15, with procurement details in other Columns)

2. If the assessment for any of the inputs in stock as shown is not final, the nature and current status of dispute may be clearly indicated. (Normally no DESK for provisionally assessed B/E are admitted).

3. Refund applications made if any for procurement shown in stock with details to be indicated.

4. Photocopies ofall Bills of Entries mentioned above must be enclosed.

CERTIFICATE

Certified that the particulars mentioned in this statement arc correct to the best of my know ledge and belief and no claims for refund of duty in respect of any of the above mentioned bills of entries has been or will be lodged with the Customs Authorities.

Signature and Stamp of independent

Signature Chartered Accountant/Cost Accountant

STATEMENT-DBK-m

Materials/Components of Indian Origin obtained by the manufacturer during the period commencing three months prior to the date of supply /first supply uptothc date of application for the manufacture of ,__ _ _ ^_ (Name of export product supplied)

SI. No.

Description Technical Characteri- stics

S.No in DBK-I ' statement

Effective rate of duty paid

Amount of duty paid

Name and address of supplier 9

Unit

Qty purchased

Assessable value

Central excise tariff Heading No

Remark Invoice No. and date

Is assessment on duty final

n 230 THE GAZETTE OF INDIA. EXTRAORDINARY

IPARI I— Sir. 11 Notes:—

I In this statement details of only thoscilcms which arc chargeable 1o the excise duly to be given for which proofofCcniml Excise Duty can be established by ln\oiccs.

2. Materials/Components specified in Draw buck 11 Slalcmcnt iflhese are also ofindincnous origin and procured locally should be included in this statement, whether dutiable or not. This is irrcspccliv e of Ihe Tact whether the said materials/components ;ire used for export production or not Where the said materials/components are claimed to be only for manufacture of goods for local sales and not for exports, this should be specifically indicated in the Remarks" column, against Ihercspeclix e serial number oflhc said material/component.

i The particulars of ln\ oice numbers and date w here the applicant is the consignee should be furnished under col 11 Photocopies of all Invoices lor inputs which are subject to Central Fixcisc Duties of 20'! i> or higher and - some representalh e copies for other ln\ oices must be enclosed.

4. If the assessment which is not final or duly is paid under protest the extent o I dispute may please be clearly indicated (copy of S VB Order to be attached)

3, Refund applications made if any against any ln\ oice w itli Details, to be indicated.

CERTIFICATE

Certified thai the particulars mentioned in this statement are correct to the best of my know ledge and belief and no claims for refund of duty in respect of any of the above mentioned materials/components procured against ln\ oices/ subsidiary ln\ oices has been or w ill be lodged w ilh the Central E\cise Authorities.

Chartered Accoiintanl/Cosl Accountant

Signature and Stamp ol independent

^. t

(Namc& Designation of

(lie Chief Exeeulh c/

Production Incharge

(with seal)

STATKMEINT-DBK-III(A)

Details of procurements relating lo slocks o I indigenous materials as on commencement lo (the dale lliree months prior to Ihc date of supply/first supply)

I ' n il

Description

S No in

Oly

Technical

Assessable Central Excise s

Cliaruclcrislics DBK-1

purchased \ aluc

Tariff Heading No. statement

originally

4 A

Effecliv e Amount ol"

Invoice No,

Name and

Is assessment

Remark

Slocks as rate of

Oil

duly paid

;ind dale

address of

ol dul\

interest

supplier

final

Notes:—

1. In this statement furnish delailsof slock of all Ihe indigenous materials mentioned in statements I & III which were in slock three months priorto dale of shipnieiil/firsl shipment of the export product and how these were procured (including Invoices Nos elc )

I A. In ihis statement details of only Ihose items which arc chargeable lo Ihe Excise Duty m.iy be gi^•cn for which proolol pay incnl of Centra I Excise Duty can be established.

2. The particular of Invoice number, date etc should be furnished in Column I I 2.17 "5 IF i lie assessment w Inch is not final or dun is paid midcr protest the extent of dispute ma> please be clearly indicated.

4. Refund applications made if am \\ ith details to be indicated

CERTIFICATE

Certified that the particulars mentioned in ihis statement are correct to the best of my knowledge and belief and no claims for refund ofdut> in respect of am of the abo\ c mentioned materials/components has been or will be lodged with the Central Excise Authorities,

Station. Signature and Stamp of

Signature

Date

independent;

Chartered Accountant/

(Name <£ Designation of the Chief Cost Accountant

Executive/ Production Incharge

(with seal)

APPENDIX-13

APPLICATION FORM FOR G EM REPLENISH WENT AGAINST EXPORTS

N o te

I Please see Paragraph 4 4.1 and 4 4.13 of the Polic> and Paragraph 4 58 and 4 SO of tin's Handbook.

2. Please read the general instructions gi\ en in Appendivl before filling this application

FOROFF1CIALIJSE

FileNo

Dale

1 Name aiid address of Applicant

2. IEC Number

1. Export proceeds realisation Month

4 Total FOB \aluc of Exports

(In free foreign exchange/Rupee)

5. Value of Licence claimed ....

(In free foreign exchange/Rupee)

(i Application Fee Rs ....

Bank Receipt/Demand Draft No

date

Naineoflhebank and issuing branch . .... ....

Country of

S No. in

Date of

Amount of

FOB Millie

Value of Namcof (lie bank

Shipping

export

exports

(in free

the REP Rill/postal

foreign

proceeds

licence receipt

exchange)/

realised

claimed

rupees

(Note: The abo\ c staled table is nol required to be filled up in case of an application for Replenishment licence under paragraph 4.SO of this I landbook) 21K

T H E G A Z E T T F O F I N D IA EXTRAORDINARY

[PARI I—Sir 11

DECLARATION/UNDERTAKING

1 I We herein decline lh;il llic p;irticnUirs iuid the statements made in this application arc true and correct to the besi or im/our know ledge and bclicfand nothing has been concealed or held therefrom.

2 I/We fully understand thai an> information lumishcd inthc Application ifproved incorrect or false will render ine/us liable for am penal action or other consequences as may be prescribed in law or otherwise warranted.

" I/We undertake in abide by Uic provisions of (he Foreign Trade (Development and Regulation) Act. 1992. the Rules and Orders franiccHhcrcunder. the Export ;uid Import Policy and the Handbook ofProccdurcs 4 I/We declare thai outstanding rc;ilis;ilion ol export proceeds beyond I SO da\s docs not exceed 10% of average exports of preceding ihree licensing \ cars. I/We further declare thai no export pror-eds arc outstanding hc\ond ihe period '.of one > ear or such extended period for which RBI permission has been obtained 5 I hereb\ certil\ that I am authorised io \ enl\ and sign his declaration as per Paragraph 9 9oflhePolic\ Place

SignalurcorUic Applicant1

Dale

Name

Designation

Olficial Address.

•fel.No

Residential Address'

E Mail Address. ,

Documents lobe enclosed wilh Ihe application form

1. Hank Receipt (in duplicatc)/Dcniand Draft evidencing payment of application fee in terms of Appendi.x-29, 2. Bank certificate ol export and realisation in the form given in Appcndi.\-22 evidencing realisation ofcxporls proceeds/sales proceeds

1 Export Promotion copy of shipping bill(s) (Photocopy of Ihe EP copy of Shipping Bill duly endorsed may be returned for ulilisalion/re-iinporl purposes when Ihe exports arc made on consignment basis) 4. Customs alleslecl invoice

5 In case ol application lor Replenishment licence under paragraph 4 XO of this Handbook, an applicant will be required lo submit documents as gi\ cnal S No. I above and Statement of Exports made during (he preceding year duly certified by Chartered Accountant/Cost

A P P E N D I X - I 3A

CERTIFICATE FORCLAIMINf; REPLENISHMENTOFGOLD/SILVERAGAINSTJEWELLERYSOLD AT

EXHIBITIONS ABROAD

Note:

I Please sec paragraph 4 4 3 and 4.4.9 ihe Policy and Paragraph 4.71 of this Handbook

2. Please read the general instructions given at Appendix-1 before filling this application.

239

FOR OFFICIAL USE

FileNo-

Date

Dated T h is is certify that the f o l l o w i ng a rc ihc d e t a i ls of g o o ds a c t u a l ly sold a g a i n st i n v o i ce No(s):

dated¹.

in Ihc exhibition and the foreign exchange repatriated into India and surrendered lo the RBI/authorised dealer The export has been in accordance with the Export and Import Policy. 2002-07

1 Name ofthc Indian Exporter

' ....

2 Exhibition held on

3 Organised by whom

4 Details of Bank Guarantee, ifam

5. Price ofgold/silveras per export invoice

Gross S.No.

Description

Pieces

wt gms

|4] [1J

Wt In VaJucof

Actual sale Making charges studdings

els.

price and

dale of sale

at 6

|13|

(i)Datc From ... To

(ii) Place

Net wt.gms

VaJucof

Description/ Pieces gold/sih er

l\pe of

as per rate

studding/

ofbooking

diamonds/

for

precious semi- replenishment

precious/

synthetic

stones/pearls |5|

[7] I8J

K'l

Value i.eat

Value

Selling price FOB value

rate of

addition in foreign repatriated

gold/silver

achieved currency

with respect

to value at 13

[16]

[14]

[l()|

[151

|12]

l"l

Signature:

Designation :

Name of the Nominated agency

240 THE GAZETTE OF INDIA: EXTRAORDINARY [ pA R Ti _ sw- n

APPEND1X-14A

APPLICATION FOR SETTING UP EOUs or UNITS IN EXPORT PROCESSING ZONE/SEZ Note: 1. Please see Para d.2(a). 6.2(c) and 7.7 of Ihis Handbook.

2. Please read the general instructions given in EXIM Policy before filling lliis application and also some important guidelines given at the end of this application

3. The application will be treated as incomplete without its own permanent E-mail address and will not be considered.

INDICATE WHETHER FOR AUTOMATIC APPROVAL OR BOARD OF APPROVAL

The application should be submitted lo the Development Commissioner of the concerned Export Processing Zone/ Special Economic Zone (for setting up units in EPZ / SEZ/E\port Oriented Units) in 3 copies alongAvith a crossed Demand Draft of Rs 5,000/- drawn in favour of the Pay and Accounts Officer. Ministry of Commerce and Industry. Department of Commerce, payable at the Central Bank of India. Udyog Bha\ an. New Delhi.

For Official Use only

Application No.

Date:

.___ _ _ _.

Date Month Year ___

Details of Bank Draft

Amount Rs.

_ __

Draft No. __„

Draft date

Drawn on

(Name of the Bank)

Payable at

I. NAME AND ADDRESS OF THE

UNDERTAKING IN FULL (Block Letters)

Name oftlic Applicant Finn

Full Address

„_ ______

(Rcgd.Officc in case of limited

companies and Head Office for

others

Pin Code

Tel. No.

. _____

Fax No.

e-MailNo

Income Tax PAN No

_____

U. NATURE OF THE APPLICANT FIRM :

[Please tick (• ) the appropriate entry 1

Government Undertaking/Public Limited Compam /Private Limited Company/Propriciorship/Partnership/Others (please specify)

NotoCopy of certificate of incorporation alongwith Article of Association and Memorandum in case of companies and partnership deed in case of partnership firms may please be attached.

241

III. INDICATE WHETHER THIS PROPOSAL 1SF0R

|Plc;isc lick ( •) ihc appropriate cnlry|.

Esliiblishmcnl of a New Undertaking

Manufacturing | |

Sen ices | |

Effecting Substantial Expansion

Manufacturing of New product

Coin crsionof (i) existingDTA unit into EOU

(ii)c.\isling STP/EHTP to EOU/EPZ/SE2

(in case of conversion, please attach fact sheet as per AnncNiire)

IV (I) Location of the proposed undertaking

Full Address

Pin code

(2) ONLY FOR PROJECTS UNDER EOU SCHEME

(In case the unit is proposed to be located on leased premises, then lease should be obtained from Government or any undertaking /aiilhorih of Government)

(a) Please indicate if die proposed location is in a Centrally Notified Backward Aral | Please tick ( •) the appropriate en in |.

No __ Yes

If yes. indicate category

(b) Indicate whether it is within 25 kins from the periphery of the standard urban area limit of city having population abo\c one million according to \l)l)\ census. Yes No ___

(c) Is it located in an Industrial Area/Estate designated/set up prior to issuance of Notification No. 477(E) dated 25thJul\.IWI.

Yes No

(d) If not. docs il come under the category of non-polluting industries as notified by the Go\ t.

Yes _ No

V 1TEM(S) OF MANUFACTURE/SERVICE. (Including By-producl/Co-producIs)

(If necessary, additional sheets ma> be attached )

Itcni(s) Description Capacity(Unil - )

llcmCode(ITC HS Code No

Not required for service unit)

VI. PRODUCTION (In case of more than one item, supplementary sheets "••>> be used)

Quantity (U.iil _) |Valuc(ln Rupecs)|

(Not required forscr\ ice unit)

1st year

2nd year

3rd year

•

4th year

5th year

1079 GI/2O02—16A

242 THE GAZETTE OF INDIA: EXTRAORDINARY

I PART I—SF.C 1] VII. Indigenous Requirement.

(Value in Rupees)

(a) Capital Goods

(b) Raw material, components, consumables,

packing material, fuel etc. during Uie

period of 5 years

TOTAL:

_ _ _ _ _ _—

VHI. FOB VALUE OF EXPORTS

(l$ = Rs.)

Rupees (lakhs) US $ (Thousand)

1 st year

2nd year

3rd \ car

4lh \ car

5th \ car

Total:

IX INVESTMENT.

(RS. IN LAKHS!

(a) Land

(b) Building

(i) Indigenous

(US$ Thousand)

(ii) Import CIF value

(iii) Toial(l)+fii)

X. WHETHER FOREIGN TECHNOLOGY AGREEMENT IS ENVISAGED | Please lick ( V ) tlic appropriate entn )

Yes No

(i) Name and Address of foreign collaborator _ _ __

(ii) Terms of collaboration

(Rupees lakhs)

(Gross of Taxes)

(a) Lumpsum payment

(b) Design & Drawing fee

(d) RON ally (on exports ) „ _ „. "/a

(e) Royalty (on DTA sales if envisaged)

(0 Duration of agreement

_(No.of years)

1079 GI/2002—18B243 XI EQUITY INCLUDING FOREIGN INVESTMENT

(i)

(.$ Thousand)

(Rs.lakhs)

(;i) AuLhori/cd

(b) Subscribed

Note If ii is an existing company, please give the break up of the existing and proposed capital structure (ii) pattern of share holding in the paid-up capital f Amount in Rupees)

(Rs. in lakhs) (US $ Thousand) (a) Foreign holding

_ _ _ _ _ __ (b) Non Resident Indian company / Individual holding

(i) Repatriable

„ _ _ _ _ _ _ _ __ (ii) Noii-rcpalriablc

_ (d) Total |(a+b(i+ii)tc)|cquil>

_ _ _ _ _ __ (c) (iii (External commercial Borrowing

_ _ _ ^ _ _ _ . _ __ Foreign Exchange Balance Sheet

1st 2nd Ird 4th 50i Total Total

(5yrs) InTh

In Rs. US$

Lakhs XII. FOB value of exports in llrsl

live \ears

XIII. Foreign Exchange outgo on

(i) Import of machinery

(ii) Imporl ol raw mallcrials

and components

(iii) Import ol spares and consumables

(iv) Repatriation of dividends and

profits lo foreign collaborators

(\) Ro>all>

{\ i) Lump sum know-how

(\ii) l)er..gn and drawing fee

(\ iii) l'a\ meul of foreign technicians

(i\) Paymenl on Iniining Indian

technicians abroad

(x) C'oniiiiissioii on Export etc.

(xi) ForeignTnixel

(\ii) Amount of interest 10 be paid

on external commercial borrowing/

deferred payment credit (specify

details) 2 44

T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY

[ P AM I —S E C. 1 ] (xiii) Any other payments (specify details)

Total (i) to (xiii)

Net Foreign Exchange earnings in five years

XIV. REJECTS (only for EOU/EPZ manufacturing unil.s).

Generation of Rcjecls/Sub-standard L ....

goods of the finished __„_„

(percentage of 5 yrs. production)

Goods (In case rejects arc more Ql>. (Unit = ) than 5% estimated percentage ^ with justification may be given _ _ _ _ _^

Value (Rs. Lacs)

XV. EMPLOYMENT

(All figures in number) Existing

Proposed

a) Supervisory Men...

Women

b) Non-supervisory Men _^

Women

XVI. NET FOREIGN EXCHANGE EARNING AS A PERCENTAGE OF EXPORTS/NFE

Percentage

Average NFE/NFEP on FOB value of exports ih

5 years

XVn. MARKETING

(a) Whether marketing tic-up/Buy-back

envisaged/finalized? Attach documents. _ ^ _ __

ifany) Yes No

G. C. A. R. P . A.

b) Destination ofcxports (in percentage) __

XVITJ. OTHER INFORMATION

(T) Any special features of the project proposal

which you want to highlight _ __ (please attach the project report, for new units)

(H) (a) Whether the applicant has been issued any „ _ „, industrial license or LOI/LOP under EOU/ „ EPZ/ STP/EHTP/SEZ scheme if so, please give full particulars especially reference number, dale of issue, items of manufacture and progress of implementation of each project.

245

(b) Whether the applicant has submitted any _________________

olhpr application for LOI/LOP which is _ ponding with (he Board of Approvals If so. please give particulars like reference number, name under which application made, items of manufacture etc.

iil) Whether the applicant or any of the __

partners/Directors who arc also partners /Directors of another company or its associate concerns arc being proceeded against or have been debarred from gelling any Liccnsc/Lclicr of Intent/ Lellcrof Permission under the Export and lmporl(Conlrol)Act. 1947/Forcign Trade (Development and Rcgulation)Act. 1W2/ FEMA/Ciisloni/Ccntral Excise Act.

Place

Signature of the Applicant

Dale : Name in Block Letters _ _ _ _ _ _ _ _ _ __

Designation

Official Scjil/Slamp _ _ __ Tel. No.

e-mail __

Full Residential Address

UNDERTAKING

I/Wo hereby declare thai the above statements are true and correct to the best of my/our know ledge and belief. 1/ We will abide by am other condition which ma\ be stipulated b\ the concerned Development Commissioner. I/Wc fully understand that any Permission Letter granted to me/us on the basis of the statement furnished is liable to cancellation or any other action thai may be taken ha\ ing regard io the circumstances of the case if it is found that any of the statements or facts therein are incorrect or false. An affidavit duly sworn in support of the above information is enclosed.

Place:

Signature of the Applicant

Date:

Name in Block Letters

Designation _ _ _ _ _ _ _ _ _ _ _ __ Offidia]

Full Official address __

Seal/Stamp

Tel. No.

, _________

e-mail Address

____

Full Residential address

Tel. No

SOME IMPORTANT GUIDELINES

1. Additional Information may be furnished by existing domestic units seeking conversion into the EOU/EPZ/ SEZ Scheme as pcrannexure.

2. NonjKilly raw material tie-ups arc not insisted upon but this may be necessary in cases, such as granite products where availability of raw materials is contingent upon Government leases cic.

3. Normally lump sum amount up to VSS 2.Million amls% royalty (net of tawsi as amended from time to time over a period of five years from the commencement of production is allow cd as per the current polic\ on account of foreign tcclmology agreement as per the norms of Department of Industrial Polic> and Promotion. In addition selling agency commission is permitted as per RBI norms.

4. In cases involving high outgo of foreign exchange for capital goods and ra\ ^ateriai... the G o v c wi nt prefers raising of fluids through external commercial borrow ings.

246 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 1]

ANNEXURE

PROFORMA TO BE FILLED IN BY THE EXISTING D^A (JNTTS SEEKING CONVERSION

INTOTHE EOU/EPZ/SEt SCHEME

a) Whether con\ crsion of DTA Unit into Uie EOU/ EPZ/SEZ has been sought for the full existing capacity of the unit or the proposal is for partial conversion. (Please gi\ e details of the existing capacity clc.)

b) Whether aiv\ expansion of the DTA unit proposed

lo be coin cried inio EOU/EPZ/SEZ has been em isaged. if so the extent thcrcof.(Plcasc gi\ c details of the existing capacity and the enhanced capacity clc).

c) What is the level of existing exports of the unit

proposed to be converted into EOU/EPZ/SEZ. (Please give details of export performance iicm-w ise for a minimum oflhrec p^ ions years)

d) Whether the DTA uuil is already under obligation

to export, under:

(i) Ad\ ancc Licensing Scheme:

(ii) Import of machinery under EPCG scheme.

(iii) An> oihcr Scheme.

(Give all relevant details including lotalE.O. imposed. Ihe E.O. discharged lill dale etc.)

e) Whether your unit is registered w ilh the Customs or Excise aiKlioriiics. (Please give details \ i/. Reg. No. dale cic.)

I) Arc you agreeable lo have your whole unit customs

bonded as required under the EOU/EPZ/SEZ scheme'¹

tO Whether you arc a inerclianl exporter or a manu-

facturer exporter (Please give details)

h) Whclhcr manufacluring activity in\ ol\ ed in the iiml is within ihcambil of section-^ ofiheCcnlral Excise and Sail Acl. 1944.

i) What is ihc agc(y ear of manufacture )iind residual life items of machinery already installed in your unit. \\ hcllicr they arc imported or indigenous (Please allach separate sheets giving ilciu-wisc details with value of the new CG as well as existing value of machinery presently installed)

Date Signature Name

Place

Address of the Applicant247

APPENDIX 14-B

CRITERIA TO BE ADOPTED FOR AUTOMATIC APPROVAL OF EOU/EP27 SEZ UNITS UNDER EOU/EPZ/SEZ

SCHEME

APPROVAL PROCEDURE* SECTOR SPECIFIC REQUIREMENTS

APPROVAL OF NEW UNITS:

Proposals for setting up units under EOU/EPZ/SEZ scheme under automatic route shall be considered by the Development Commissioner taking into account the following :-

(i) Residence proof in respect of individuals/partnership firms (Passport/nuion card/driving licence/voter identity card or any other proof to the satisfaction of Development Commissioner):

(ii) Income-tax return of the promoters for the last three years:

(iii) Experience of the prqmoters

(iv) Marketing tie-ups

(\) In case of EOUs. inspection of the project site by an officer.

(\ i) A report from the other EPZs/SEZs as to whether any case under EOU/EPZ scheme in regard to diversion of goods etc. is pending.

Wherever necessary the above may be verified through personal interview with the promoter of the project. In the even of the promoter being a well established entity, the procedure for personal inten iew may be dispensed with.

No fresh proposals for setting up of units for re-cycling of ferrous and non-ferrous incial scrap may be entertained under the EPZ/SEZ scheme

SENSITIVE SECTOR

Core shall be taken by the Development Commissioner while approving projects in scnsilh c sectors such as >am Icxlurising unit, textile processing, pharmaceuticnls/drugs foniiulations/rc-cycliiig of ferrous and non-ferrous metal scraps etc. Projects for setting up units in sensitive sectors under EOU scheme shall be approved by the Dc^ elopment Commissioner after personal verification of the Directors and inspection of the factory silc.

POST APPROVAL MATTERS:

SEZ UNITS

Whcrc\ cr possible all Central/Stale level clearances required for selling and operation of SEZ units may be provided at ihc Zone itself through suitable delegation of powers. Wherever, it is liol possible, an empowered Officer of the concerned agency /department may be periodically deputed to grant in-house clearances.

EOU/EPZ/SEZ Units

A commillcc shall be constituted ai the Zone level headed by Uie Development Commissioner and consisting of other concerned officials to resolve the post-approval difficulties of Ihc EOU/EPZ units. The Commillcc shall mcel on Monday, even'week. In case ofthc absence of Development Commissioner, the meeting will be held by ihcnexl senior officer in the Zone. The unit shall intimate the problems being faced by them in advance. In Ihc meetings, apart from Ihc promoters, the other concerned agency with which difficulties arc being faced by (he unit, may also be called.

Sector .specific requirements for EOU/EPZ unit:

(I) RICE-

(i) Export of rice (boUi basmau" and non-basmati) shall be subject lo minimum export price (MEP) whenever inforcc:

(ii) The labelling ofcxport package should declare the type of rice and country of origin. The export ofrice would be under brand names suitably rcgisicrcd with APED A which shall be the nodal agency in the mailers rclaling 10 labelling and registration ofbrand names:

(iii) The approval shall be granted in consultation with Ministry of pood Processing Industrie, with regard lo capacity ofthc unit;

(iv) EOU/EPZ rice mills will be exempted from lc\y orders limited 10 ihc quantity exported by them 248 THE GAZETTE OF INDIA: EXTRAORDINARY

[PARTI—SEC, 11 (2) TEA:

The approval for selling up EOUs would be subject to the following conditions:-

(i) DTAsalc ofTca will not be allowed,

(ii) Use of "India Tea logo" shall be allowed with the permission of Tea Board

(iii) DTA sale of instant tea would be allowed upto 20% of FOB value of exports in the form of tea bags or bulk.

(iv) Tea units may be allowed to sell tea waste in accordance with para 6.9 of the Policy.

0) Coffee

Export of imported coffee shall be subject to approval from CoffceBoard under relevant Act. (4) Granilc

Only Ihosc proposals involving quarrying of granite for further processing or manufacture of articles of granilc for export shall be considered under Granilc Sector.

(4) PETROLEUM PRODUCTS:

Proposals for setting up petroleum refineries under the EOU scheme shall require prior clearance of the Ministry of Petroleum.

(5) FLORICULTURE/HORTICULTURE EOUS.

The EOUs engaged in floriculture/horticulture may import for use al fields of other contract farmers the following irrigation equipments as these arc covered in the green house equipments listed in Anncxure -I notification No. 126-Cus /94 dated the 3rd June, 1994 as amended from time to time.

S No.

HSDNo.

Name of me equipment

84.21

1. Fillers

Drip Ii ncs & Drip Fillings

84.24

\ Micro sprinklers

84.24

Agriculture sprinlcrs

5. Ferlili/,crT;inks

84.24

('i.

84.81

Valves

7. Fcrlili/.crpumps& Chemical Injections

84. n

ll may. however be ensured thai not more than 50% production may take place al other identified place with the help of (lie above equipments besides normal export production on the specified area of floricullurc/hortlculturc EOUs.

<(>) HIGH GRADE IRON ORE

Proposals for export ofhigh grade i.e. 64% Fc Iron Ore and above except iron ore ofGoa origin and Rcdi origin are presently caiiali/cd through MMTC and ils exports would be subject to annual quantity allocation by the BOA.

ANNEXUREI TO BE PUBLISHED IN THE GAZETTE OF INDIA. EXTRAORDINARY, (PART I. SECTION 1)

GOVERNMENTOF INDIA

MINISTRY OF COMMERCE AND INDUSTRY

(DEPARTMENT OF COMMERCE)

New Delhi, dated Ihc August 7 ,2001

NOTIFICATION

No. I4/1/2OO1-EPZ: —In supersession of Ministry ofCommcrccand Industry Notification No. 14/1/2001 dated 1V.() 2001. Government of India hereby constitutes combined Board of Approvals for EOU/EPZ and SEZ Schemes as under -249 1.

Chairman.

Additional Secretary Department of Commerce

Member

Joint Secretary Department of Commerce

Member

Joint Secretary. Department of Industrial Policy and Promotion

Member

Member(Customs) Central Board of Excise and Customs

5. Director General of Foreign Trade

Member

r>.

Member

Joint Secretary, Ministry of Environment and Forests

7. Joint Secretary, Ministry of Science and Technology

Member

A representative from Ministry of Small Scale Industries and Agro and Rural Industries

Member

Development Commissioner of the concerned EPZs/SEZs

10.

Member

A representative of Department of Economic Affairs

11.

Member

A representative of Ministry of Urban Development and Poverty Alleviation

12.

Member

A representative of Central Board of Direct Taxes

13.

Membcr-Secretarj

Deputy Secretary/Director (EOU/EPZ) Department of Commerce

Powers and functions of the Board:

1. The Board shall consider proposals under EOU/EPZ/SEZ scheme that fall outside the automatic approval procedure as notified from time to time.

2. Subject to necessary empowerment under section 14 of the Industries (Development and Regulation) Act, 1951, the Board, wherever applicable, shall also consider applications for grant of industrial licence wherever such licence is compulsory. Minutes in such cases will be issued after approval of Department of Industrial Policy and Promotion. Based on the approved minutes the Development Commissioner shall issue the Letter of Intent and upon fulfillment of conditions therein convert the same into industrial licence.

3. All Cases would be submitted before the 6oard by the Development Commissioner along with his comments so that the units have a single interface at the level of Development Commissioner;

4. EOU cases involving foreign equity, including investment by NRIs and OCBs mat fall outside the automatic route shall continue to be dealt with by the Foreign Investment Promotion Board (F1PB). In such cases, the units will apply directly to Secretariat for Industrial Assistance (SI A) for FIPB approval with a-copy to the Development Commissioner concerned.

Those falling under the automatic route shall avail themselves of die dispensation available under the automatic route.

5. Consider all application for setting up of SEZ/EPZ in the public/private/joint or State sector and make suitable recommendations in this regard

6. Approve goods and services required for developing, maintaining and operating SEZ or any component thereof 250 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 1] 7. Any other issues concerning development of EPZ/SEZ

Note: Separate meeting will be held to consider the proposal to set up SEZ/EPZ in the public/privatc/joini or Slate sector General

The Board may prescribe any condition, as it may consider necessary while granting approval.

8. The Board may in its discretion grant or refuse the approval

9. Chairman of the Board may co-opt any representative of any other Department or agency not already included in it, if he finds it necessary for any specific purpose.

(D.K.Mittal)

Joint Secretary to the Go\ eminent of India

|No 14/1/2001-EOUI

ANNEXUREH (TENTATIVE^TO BE FINALIZED BY JS ON 24.3.2002)

ITEMS PERMITTED FOR IMPORT/DOMESTIC PROCUREMENT BY EOU/EPZ UNITS ENGAGED IN

AGRICULTURE/HORTICULTURE WITHOUT PAYMENT OF DUTY FOR SUPPLY TO CONTRACT

FARMERS IN THE DTA.

INPUTS:

1. Seeds

2. Fertilizers and chemicals for pre and post harvest treatment such as micro nutrients, plants and growth regulators and other organic and inorganic substances used for plant nutriation. insecticides, fungicides, weedicides, herbicides and the like.

EQUIPMENTS:

1. Filters

2. Dripliers, Driplincs and Drip-fittings

3. Micro sprinklers and misters

4. Agriculture sprinlers

5. Fertilizer Tanks

(•>. Valves

7. Fertilizer pumps and chemical injections

Appendix-14 C

(FORMAT FOR LETTER OF PERMISSION)

OFFICE OF DEVELOPMENT COMMISSIONER/

EXPORT ORIENTED UNITS/

EXPORT PROCESSING ZONE/SPECIAL ECONOMIC ZONE

DEPARTMENT OF COMMERCE, GOVERNMENT OF INDIA

Dated the

To,

M/S —

Subject: Your unit application forpermission under the 100% EOU/EPZ/SEZ Sdicuie for the production of——

No — -EPZ/SEZ — — dated251 Dear Sir/Madam/Gcntlemen,

With reference lo the above mentioned application. Govt /Development Commissioner is pleased to extend to you all the facilities and privileges admissible and subject to the provisions of the Export Oriented Unit Scheme as envisaged in for Export Import Policy 2()02-2(X)7 for the establishment of a new undertaking at in the Stale of the production of the following ilcms(s) upto the capacities specified below on the basis of maximum utilisation of plant and machinery >

ltem(s) of production Unit Annual capacity

The above permission is subject to the conditions stipulated in Annexure in addition to the following condi- tions -

(i) The unit shall export its cniirc production, excluding rejects and sales in the domestic tariff area as per provisions of Export and Import Policy for a period of 5 years from the date of commencement of production. For this purpose the unit shall furnish the requisite legal undertaking as prescribed in the Exim Policy to the Development Commissioner concerned. The unu would have the option lo renew iis EOU/EPZ/SEZ status ordebond for production for domestic market mihc light of industrial policy in force ai that time in relation lo production of the Hems reserved for small scale and sectoral policy prevailing at that point of time.

(ii) It is noted that Net Foreign Earning as a percentage of export (NFEP) calculated as per formula given under the EOU Scheme, has been projected as —— % during the period of five years from the dale ofcommcnccmcnt of production. However, the unit would be required lo achieve the minimum stipulated level of NFEP as prescribed in the Export-Import Policy, failing w Inch the unit may be liable for penal action

The SEZ unit would be required lo acluc\ c positive Nci Foreign Exchange (NFE) as prescribed in llic Export and Import Policy and Handbook of Procedures, failing w liich it would be liable for penal aclion

(Strike out whichever is not applicable.)

(iii) It is noicd lhat >ou require imported Capital Goods \ alucd al Rs —— for the proposed project.

(iv) It is noted that >ou have projected cxporl iiiniovcrofUS $ — in fi\c years. However, the unit would achjeve a minimum Export Performance (EP) as prescribed in Export Import Policy failing which the unit may be liable for penal action. Minimum EP is not applicable lo SEZ units

(v) Import/local purchase will be permitted of all items cxccpl those listed in prohibited list for import/export.

(vi) Possession of allotted plol/SDF will be taken within a period of 3 months of issue of approval letter and construction of the factory building/implcmcnlalion of project shall be started w lllnn ncxl six months in case orEPZ/SEZ units only.

(.•>) This Letter of Permission is valid for .1 years from us dale of issue wilh in which you should implement the project mid commence commercial production and would automatically lapse if an application for the extension of\aliditv is not made before the end oflhc said period Assoonasproduclion starts an intimation lo this effect should be sent lo the Development Commissioner of concerned EPZ/5EZ and Administrate e Ministry/ Departments concerned.

(4) The approval is based generally on the details furnished In >ou m your project application (.^) You shall be required to enter inlo a Legal Agrccincnl in the prescribed form | Appendix 14 DofHBP(VoI I)| with DC for fulfilling the terms and conditions mentioned in the LOP

(6) You are requested to confirm acceptance of llic above terms and condition to ilie undersigned within 45 days and the Administrative Ministry/Department \i/.

(7) If you fell lo comply with llic condition stipulated above, this letter of approval is liable for cancellation/ rev oca I ion

(X) All future correspondence for amendments/changes in terms and conditions of llic approval letter or for extension of its validity, if required . etc may be addressed lo Ihe undersigned

Yours faithfully. Development Commissioner EPZ/SEZ 252 THE GAZETTE OF INDIA EXTRAORDINARY

[PART I—SEC. II Copy forwarded to :-

1. M/o / D / o-

2. Development Commissioner(SSI),Ninnan Bhavan.Ne\v Delhi.

3. Director of Industries, Govt. of (State)

4. Asstt. Commissioner/Deputy Commissioner(Custom) EPZ/SEZ (for EPZ/SEZ Units)

5 Deputy Commissioner. Central Excise/Customs I/C of EOU (for EOUs)

Development Commissioner

APPENDIX-14 D

FORM OF LEGAL AGREEMENT FOR EXPORT ORIENTED UMTS AND EPZ/SEZUNTTS

NOTE: PLEASE SEE PARAS 6.6 & 7.6 OF THE POLICY AND PARAS 6.20 & 7.6 HANDBOOK OF PROCEDURE VOL. 1 An a g r e e m e nt m a de this day of 2002 b e t w e en M / s. __ _ _ ^_ (indicate legal status i.e. a company or firm) an Export Oriented Unit (EOU) / a unit in the Export Processing Zone (EPZ)/a unit in a Special Economic Zone (SEZ) having its registered office at _^____ and factory at . ^ _ __ (hereinafter referred to as."the unit" which expression shall include its successors and assigns) of the one part and the President of India acting through Development Commissioner (DC) of EPZ/SEZ (hereinafter referred to as "Government" w liich expression shall include his successors in office and assigns) of the other part.

Whereas the Government has communicated vide Letter No. dated to the Unit the terms and conditions for selling up the EOU/EPZ/SEZ unit for the manufacture of and the Unit has duly accepted the said terms and conditions vide ihcir letter No. dated _.

AND WHEREAS the miil has been permitted to import/purchase indigenously Plant and Machinery, raw materials, components, spares and consumables free of Import / Central excise duly as per details given at Anncxure-—T.

And whereas a license has been granted to the unit b\ the Government, on the basis of Iheir projected export of US % in five > cars, (including the supplies in (he Domestic Tariff Area(DTA) which are counted towards (uirillmcttl of export performance as per Polic>) beginning from live first day after commencement of commercial producliondicrcinaiicr referred to as the prescribed date)/after allowing admissible rejects.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS.

I. The Unit shall achieve NFE

I. The Unit shall achieve minimum export perfonnance(EP) (including the supplies in the DTA which arc counted towards export performance as per policy) for a period of five years, counting from the prescribed date, after allowing admissible rejects and shall also achieve minimum Net Foreign Exchange as a percentage ofexporl (NFEP) as prescribed in the Export and Import Polic\

(Strikeout which ever is no) applicable)

2 Such performance shall be subject lo annual monitoring by the Development Commissioner (DC) having jurisdiction over its acli\ ilics under (he guidelines issued by the Ministry ofCommercc, Government of India from time to lime and the unit shall be liable forpcnalty under the Foreign Trade (D&R) Acl. 1992 as amended from time to time for failure (o fulfil suoh obligation For the purpose of counting export performance under the EOU/EPZ/SEZ scheme, exports to Nepal or Bhutan shall qualify, ifpavmcnl is made in Foreign Exchange.

1 (a) The Export Performance (EP) undertaken by the unit under the EOU/EPZ Scheme shall be in addition lo and over and above any other export obligation that might have been or may be imposed on the Unit on any other ground.

(b) However, in case ofconvcrsion of DTA units to an EOU/EPZ under provisions oflhe Exim Policy, where tlic unit may have availed Export Promotion Capital Goods (EPCG) scheme while functioning in DTA & has to fulfil EP under EPCG license, such EP will be subsumed under EP ofEOU/EPZ.

253

(Para 3(a) & 3(1)) not Applicable to SEZ units.)

4. The unit shall intimate the date of commencement ofthe production for export within one month of such date to the concerned Development Commissioner. The unit shall maintain e-mail address regularly during the period under bond.

The unit shall not dispose of its production in the domestic market except in terms of the provisions of Export and Import Policy and/or when specifically allowed by the competent authority.

5. The Unit shall after the commencement of production for export, submit to the concerned Development Commissioner, quarterly performance report in the prescribed format at Annexure III for the period ending March/June/ September and December every year within 30 days ofthe close of quarter through e-mail giving details ofthe imports/ exports effected and purchases made from the Domestic Tariff Area by the Unit during the period. An annual performance report shall be submitted in the prescribed formal given at Annexure - III within a period of 90 days following the close of financial year failing which further imports and DTA sale will not be permitted. Annual Performance Reports shall be certified by a Chartered Accountant. In case of wrong submission ofsuch information or failure to submit such information within the stipulated time. DC may withdraw the permission granted to the unit for operation.

(•>. In the event ofthc Unit failing to fulfil the terms & conditions of Letter of Permission (LOP) / Letter of Intent (LOI) mid the minimum stipulated level of EP (for EOU/EPZ units) and NFEP/NFE as prescribed in the Export-Import Policy, except when the fulfilment ofsuch conditions is prevented ordelaycd because of any law, order, proclamation, regulation/ ordinance ofthc Government or die shortfall in fulfilment of NFEP/NFE and EP(for EOU/EPZ units) is within the permissible norms specified in the monitoring guidelines given at Appendix 14-E the unit would be liable for penal action under the provisions of Foreign Trade (Development

9 Any Stamp Duties payable on this document or any document executed thereunder shall be borne by the Unit.

In witness whereof the common seal of has been here into affixed and for and on behalf _ h as set and subscribed his hands here into. Common seal of the within named Unit has been affixed here into in Ihc presence.

•Signature

Shri_ _ _ _ __

or (I) (Residential address)

Director and (ii) Shri Director who have been duly authorized Tor the purpose by a resolution of the Board of Directors of Ihc Company passed at Ihc meeting held on ___ _and who have signed in the presence of __

I __ (Name. Designation and Address)

(Tel. No.

(e-mail Address )

2 (Name. Designation and Address)

(Tel No

(e-mail Address )

Signed for and on behalf oldie President ol India

By Shri

_in ihc presence of

(Name, Designation and Address)

(Name. Designation and Address)

254 THE GAZETTE OF INDIA EXTRAORDINARY

[PART I—SEC. 11 EXEMPTION MATERIALS

I. Plant, Machinery and Equipment to be imported.

No. Description of goods

2 Raw Materials, Components and Consumables to be imported

No. Description of material

3. Plant, Machinery and Equipment and Raw Material. Components and Consumables lo be indigenously produced and purchased without payment of Central Excise Duties.

No. Description of material

ANNEXURE-n Period of reporting: (April-June) (July-Sept) (Oct.-Dec.) (Jan -March) Quarterly Progress Report for the EOUs/EPZs/

SEZs which arc under implementation:

1 Details of Uie unit.

(a) Name of the unit

(b) IECNO

2 Location of the Factory &. Full Address,

(a) Address

'(b) Phone No.

3. Regd. Office

(a) Address

(b) Phone No

d. e-Mail No.

4. Approval No and date

5. Green Card No. and date

and the period of validity

6. Present position in regard to

setting up of the unit (Tick whichever

is applicable)

(a) Acquisition of land Yes No

(b) Erection of Building • To Start/ Started Over/Building

purcahsed

Available

(d) Water : Not applied Applied on

Available

(e) Telephone/Fax : Not applied Applied on

Available255 7. Employment:

(a) No. of Men Workers employed in Managerial Skilled

Unskilled die unit

(b) No. of Women workers employed Managerial Skilled

Unskilled in the unit

8. Imports during the quarter (Rupees in Lakhs) Cumulative During the Quarter

(a) Value of Capital Goods imported

(b) Value of Raw Materials, Components

etc, imported

purchased.

(d) Value of Industrial Raw Materials Components etc. purchased.

9. Sanction of bonding facilities: Yes No

(a) if "yes" date on which warehousing

licence issued

(b) if "no" date on which customs/

excise approached.

10. Date likely to commence production :

11. Any other information

(Signature with seal of the company) Place: Date:

ANNEXURE-III FORMAT FORQUARTERLY/ANNUAL PROGRESS REPORT FOR THE WORKING UMTS

Period

PERIOD OFREPORTING: QUARTERLY (APRIL-JUNE)(JULY-SEPTEMBER) (OCTOBER-DECEMBERX JANUARY- MARCH), ANNUAL (APRIL-MARCH)

1. Details of tile Unit

(a) Name of the Unit

(b) EC. No.

2. PERIOD OF REPORTING

3. Approval No,

4. Item of manufacture/service - Annual Capacity

(Details of all items to be provided)

(a)

(b)

5. Factory Location/Address/

Telephone No.

6. Regd.Office Address/Tel/Fa* No.

7. (a) E-Mail Address (Compulsory)

(b) Web Site, if any 256 THE GAZETTE OF INDIA: EXTRAORDINARY

IPARTI—SEC. 1] S. Date of commencement of

production

9. Details of Foreign Exchange

Inflow/Outflow

EXPORT(INFLOW) (Rs. in Lakhs) $ in Million

10. FOB value of exports for the

Quarter/Year

a) GC A exports

b) RP A exports

c) Total:

11. (a) Goods sold in DTA in terms of

Para 6. H)(b)for quarter/year

(b) Deemed export for other categories during the quarter/year

Total:

12. Cuimilalivc exports during current

quart cr/ycar.

1.1 Cumulative exports for the

previous > car.

14 Countn -wise details of exports

IMPORT(OUTFLOW) (Rs. in Lakhs) Si in Million

15 Opening balance of imported

RM. Consumables, spares, etc.. during (he quancr/ycar

1ft. Rav* Materials/consumables/

components spares etc. imported during the quarter/} car

17. RM/consumablcs/sparcs, etc. transferred lo other units during the quarter/year

IS. RM/consumablcs/sparcs. clc.

received under the intcr-unil transfer during Ihc quarter/year

1'J Cumulative import of

RM/consumablc clc. during the quancr/ycar

20. Imported RM/Consumablcs/Sparcs.

clc, CONSUMED during the quarter/year

21. Closing balance of imported RM/Consuinablcs/

Spares, clc. at Ihc end of quancr/ycar

22. Opening balance of capital goods

2.1. Import of capital goods during the quarter/year

24 Capital goods received under

inlcr-unil transfer257 25. Capital goods transferred under inter-unit

transfer

26 Cumulative imports of capital goods

during quarter/year

Sub-Total |Column No. 19 + Column 26]

27. Other FE Outflow (Royalty/

l cchnologi cal know-how/investment/ Dividend payment/Travel/Commission etc.) during the quarter/year

TOTAL OUTFLOW [Column No. 19 + 26 +27]

2X. Net Foreign Exchange Earning Approved Achieved

(NFE)/Nct foreign exchange (only for EOU/ earning as a percentage of exports EPZ units) (NFEP) as perpolicy

29. EP (only forEOU/EPZs to be given annual 1>)

DOMESTIC PROCUREMENT

10. Opening balance of indigenous

capital goods during the quarter/year

31. Purchase of indigenous capital goods during the quarter/year

12. Cumulative balance of indigenous

capital goods purchased during the quarter/) car

33 Opening balance of indigenous

RM/Consumables/spares. etc.. during the quarter/year

.14. Purchase of indigenous

RM/Consumablcs/sparcs. etc. during the quarter/year

15. Cumulative balance of indigenous

RM/consumables/spares purchased during Ihc quarter/year

DTA SALE

16) (a) Sales ofgoods effected in DTA if Quaniiu aluc

any

(b) Sales ofrcjects in DTA if any: Quantity Value

Quantity Value

17. DTA Silicon full duty Quantity Value

18. Items of manufacture/service

Annual capacity (at Uic end of financial year)

1079 GI/2002—19A 25K THE GAZETTE OF INDIA: EXTRAORDINARY

IPARI I—SEC. 11 3lJ Forcigii/NRI/lndianinvestment Foreign NRI Indian (to be submitted quarterly/annually)

i) Authorised capital

ii) Paid up capital

iii) Foreign Direct Investment- (I) Approved

(II) Actual Inflow

during the quarter/ \ car

(111) Cumulative balance for the quarter/} car

(I) Approved

(II) Acliml Inflow during the quarter/year

(111) Cumulative balance for the quarter/year

4(i. Employment.

(a) No of iv1;;lc Workers employed in Total Managerial Skilled Unskilled llic unit

(b) No of Women workers employed Total Managerial Skilled Unskilled in the imil

(t) TOTAL (a + b)

41 Oilier I formation ;

(a) Goods exported without GR form under intimation to the Development CoinmissioncrofSBZ such as (i) imported goods found defective for (Jic purpose ofrcplaccinent by foreign suppliers or collaborators, imported goods on loan basis, export of free samples, surplus goods imported from foreign suppliers or collaborators free of cost for production operations, consignments imported forparlicipation in exhibitions etc.

(only for SEZ Units)

(b) Overseas investment

Overseas investment made by the unit at the end of last quarter/year

(a) Less than one years Amount in $

(b) More than one years

-do-

(only for SEZ Units)

Cases of pending Foreign Exchange realisation outstanding for more than 180/360 days at the end of last quarter/ financial year

Dalcol export Name of Importer. Address: Amount (I SO days for EOU/liPZ units and .V>0 days for SEZ Units)

(d) External commercial borrowing

External commercial borrowing pending at (he end of last quarter/year

(a) Less than three years Amount in $

(b) More than three years

-do-

1079 GI/2002—19B

259

(e) Revenue contribution

Revenue contribution by EOU/EPZ/SEZ units

(a) Excise duty on DTA sale during the finaiicial year

(b) Income tax paid, if any, during the financial year

( S I G N A T U R E)

With Seal of Co. Notes:—

(1) The above information should be given separately for each Letter of Permission.

(2) The information given in the formats should be authenticated by the authorized signatory of the unit and should be certified for its correctness by a Chartered Accountant with reference to the account records and registers maintained by the unit.

APPENDIX-14 E

Guidelines for monitoring the performance of EOU/EP2/SEZ/STP/EHTP unils

(1) The annual review of performance of each operational unit and its compliance with the conditions of approval shall be undertaken by the Development Commissioner before the end of the first quarter of the following financial year,

(2) A summary of annual performance review will be sen! by each Development Commissioner to the Ministry of Commerce for information under the three formats indicated below latest by 30th June every year;

Proforma I: Comparative statement of performance and monitoring as compared to previous year;

Proforma II: Summary of annual performance of the EOU/EPZ/SEZ units, sector-wise with sectoral sub- totals.

Proforma III • Unit-wise statement on NFE and NFEP showing the result of review.

PART (A)

3. CRITERIA FOR ANNUAL MONITORING:

The criteria for keeping the unit under watch or initiating penal action in respect of EOU/EPZ units would be as follows:

(i) Watch—If there is shortfall in achieving the NFE/NFEP and/orExport Performance (as per norms in Exim Policy) at the end of 1 st and Ilnd year;

(ii) Penal action-—If at the end of 3rd or subsequent year the NFE/NFEP/EP are not achieved as per Exim Policy, Show Cause Notice will be issued. After consideration of reply of unit, if it is noted that the unit has not achieved NFEP/EP as per policy die Development Commissioner would initiate penal action under the FT(D&R) Act, 1992;

(iii) If penal action has been initiated against a unit on account of shortfall in NFE/NFEP/EP as stated above in a particular year and it defaults again in subsequent year(s), fresh penal action will be initiated against the unit. If however, during the adjudication proceedings, it comes to light that unit has improved performance and now fulfilling NFE/NFEP/EP as per policy, DC concerned would consider that fact before taking a decision.

4. METHOD OF MONITORING :

(i) In all cases of debonding where the unit has imported inputs and failed to fulfil the conditions of LOP with regard to NFE/NFEP/EP, appropriate steps arc to be taken forpenal action after issuing Show Cause Notice to the units. Steps may also be initiated for cancellation of LOP/LOA of units which is not operating for more than a year;

260 THE GAZETTE OF INDIA. EXTRAORDINARY

(PART I—SEC. 11 (ii) The Minimum export obligation expressed as minimum FOB value of exports shall be as per (lie norm for the 5 y ear period for various sectors given in the Exim Policy from time to time:

(iii) NFE/NFEP is lo be calculated as per Paras 6.29 & 7.4 of Exim Policy. Forpurposc of uniformity, guidelines for calculation of NFE/NFEP/EP given in Exim Policy, may be followed.

5. MONITORING PERIOD

Units which have not completed one year, from the date of commencement of commercial production, will not be monitored. In case a unit has completed less than five years from the date of commencement of commercial production it will be monitored for the number of completed years. Annual monitoring in the cases of old units which have completed more than five years will be undertaken for only such number of years which fall in the second block of five years.

6. OTHER CONDITIONS

Development Commissioner will monitor Foreign Exchange rcali^ition/remittance of EOU/EPZ/SEZ units in coordination with the concerned General Manager of RBI as per instructions issued on the subject viile RBI circular No. COEXD. 31 ()9A)5.62.()5/99-2()(X) dated 21.2.2

PART B: SCHEME SPECIFIC CONDITIONS

7. Concurrent joint monitorinn of EOU / EPZ units:

(a) The performance of EOU / EPZ units would be jointh reviewed by the De^ elopment Commissioners ofEPZs and concerned Customs / Central Excise Officers on six monthly basis i.e. April - September each year to be completed in the following quarter on the basis of QPRs furnished by the EOUs and for the full financial year on the basis of APR to be completed in the follow ing quarter. The formats ofQPR/APR have been prescribed in the LUT at Appendix 14 D.

(b) Joint review of EP/NFEP of the EOUs would be conducted by the DC/ JDC and jurisdictional Deputy Commissioner/Asslt. Commissioner of Customs and Central Excise in the Office of Commissioner of Customs/Central Excise where representative of units w ould also be invited. This w ill help'them to understand the scheme and clear the doubts about operation. The De^ elopment Commissioner are advised to identify the number of Customs and Excise Commissioners w here the meetings are to be held and work out a scheduled for visiting each of these places, It is suggested that at least two places should be visited each month, so that all places are covered w itliin a period of three months. Some places ma> be covered by JDC and in me next six months, these could be interchanged between JDC and DC. For EPZ/SEZ units, this review w ill be done in the Zone itself

(c) For publicising the scheme, advertisement in the local papers may be arranged before the date of such meetings. Promotion program ma> be organised in collaboration with local industry. Association on any other organisation which has good presence in the area. General Manager of District Industries Center may be associated.

(d) For each existing unit. rc\ iew should be done at length to understand their problems and their possible resolution. Efforts should be made to identify the reasons for shortfall / poor performance and unit-w ise action plan should be prepared for removal of bottlenecks. It should be ensured that the unit should have an export promotion strategy as w ell tentative targets for next few years, so that it has an idea as lo what is to be achieved by them. Effective action should be taken against erring units to discourage any misuse of the scheme.

(0 At such places, if any infrastructure gaps are noticed. District Administration ma> be ad\ iscd to prepare projects which can be routed through State Go\ eminent to the Ministry for approval under SIB Scheme.

(g) Based on the joint review Development Commissioner concerned w ould prepare a report for information of the Department of Commerce and CBEC and suggest corrects e measures to enable the defaulting units lo fulfill their obligation as per Exim Policv / Customs Notifications.

261

8.QUARTERLY AND ANNUAL MONITORING OF SEZ UNITS

(;i) The performance of the SEZ units shall be monitored by a Commillcc as provided for in the Exim Policy.

(b) The performance of the SEZ units to be monitored each quarter period on the basis ofrcporls received on formats prescribed in HBOP.

(c) Annual monitoring would be undertaken on the basis of APR prescribed in Anncxurc 111 of Appendix 14-D. Ho\vc\ cr. penal action is to be initialed only ifNFE achieved is ncgatix c at the end of 3rd or subsequent \ cars. In case of existing EPZ units com crling ttilo SEZ scheme, the dale of commencement of commercial production under the EPZ scheme \\ ill be the dale for reckoning Ihc number of years complclcd b> the units for (he purpose of monitoring

(d) During the joint re\ iew. efforts should be made to identify the reasons for shortfall/poor performance and imil-w isc action plan should be prepared for removal of botllcnecks through such a rc\ icw.

(c) Based on the joint review. Development Commissioner concerned would prepare a report for Ihc iuformaiion of the Department of Commerce and CBEC and suggest correct i\ e measures to enable the defaulting units to fulfil their obligations aspcrExim Policy/Customs Notifications.

PROFOR1Y1A-1

I. APPROVAL AND IMPLEMENTATION OF EOIIS/EPZ UNITS:

(a) No. of valid appro\ ed units

(b) No of units cancelled

(d) No of export ing units

(.e) No ofimils under implementation

(0 No. of units > el to be implemented

II. RESLLTOF MONITORING :

EOU/EPZ UNITS

2] IW)-2IHX)

a. Units witli shortfall in NFEP and/or EP (as per norms in Appendix-I.) at the end of 1st and 2nd > ear b. Units w Inch have failed lo achieve NFEP/EP as per Appcndix-1 al ihc end ol"3rd or subsequent years.

c Details of outstanding export proceeds (where Hie period of realisation is not extended by the compel cm authority) beyond ISO days al Ihc cud of financial year

d. RcNcnuc conlribulions by the units

(a) Excise duly on DTA sale during me financial year

(b) Income lax paid, ifain. during Hie year

paid on domestic procurement)

SEZ UN ITS:

a. Unils which are operational for more than I year.

b. Unils with negative NFE at (he end of 3rd or

subsequent years.

c. Details of outstanding export proceeds (where Ihc period of realisation is not extended by (he compel cut authority) beyond 360 days al ihc end of financial year.

262 THE GAZETTE OF INDIA. EXTRAORDINARY

d. Revenue contributions by the units (a) Excise dul> on DTA sale during the financial

\ear

(b) Income tax paid, if any. during the year (c) State taxes, cess duties and levies (including

CSTpaidondomesticprocurenient)

[PART 1—SEC. 1]

PROFORMA-II

EXPORTPROCESSrNG ZONE/SEZ

Summitry of Annual Performance Report for the year 2002-03 Sector Wise

SI. No.

Item of Manufac- ture

Date of Commence- ment of production

Value of capital goods imported Name of Unit with ID No in case of EOtJ

1 2

Value of exports

Total in\ csiment made

Employment Generated so far Value of RM components etc.

Other outflow of FE tow ards know how. Commission etc.

9 7

NFEP/NFE

Shortfall

Remarks Shortfall

Norm as per

Policy

Actual (as against obligation on Col. 10)

Obligation for lasi 5 > ears of less as applicable

n 1. Item of manufacture.

2. Industry Norm of NFEP<%) X Dale of Commencement:

Value of sales made in DTA

Achieved during the period

PROFORMA-lll NAME OF THE UNIT

(Rupees in lakhs/ Sin Million): Monlh of operation CG Import (Actual)

Last 5 years (or less as applicable)

4 Export Obligation for last 5 Rs. in lakhs Sin Million

years or less as applicable

5. Export

Last year Last 5 years (or less as applicable)263 6. Inter Unity supply

7. C G. debit

X. Imported RM/lnputs used

y. Other outgo of F.E

10 Total Imports

11 NFE!

12 NI-FP

H Diflcrcnee.ln Lvxpon Obligation

14. DTA Sale

15 Dcla'ds of outstanding export proceeds (where the period of

realisation is nol extended by llic coinpctenl authority) beyond

I SO/lfi() das s ai the end of llnaiicial yc;ir

(1XO tla>s lor KOU/EPZ uuitsjind 1M) days lor SEZ units)

K> ReveiiHc-contributions bv ilie unit

(a) {-\dse dutv on DTA sale during me financial year

(b) Income la\ paid. ifanv. during thevear

vcj Stale taxes, cess duties and lc\ ies (including CSTpaid on

domestic procufen lent).

17, Remarks

ANNEXURE I

CALCULATION OF NFEP/NFE 1 While calculating NFEP/hP achieved lollowing basic components arc to be taken into consideration (i) Amortised value of capital goods and technical know how fee

(ii) Value of import of R M (which is consumed during the yearand consumables, spares, etc.) (iii) ()l her out How of loreign exchange towards rovalh. interest on external commercial borrowings etc (i\) V.ilucolphvsical exports clfecled excluding DTA sales but including supplies made under para 6,10 and 7 H)ol Ihupulicy

2 Amortised Value ol Capital Goods : For this purpose as much value ofCG is taken into account as indicated in para<> 4() kii NI-'l⁷Pand7 4 lor NFEol the Hand Bookol procedure (Vol. I) TheCG imported prior to die 5 years period is nol taken inio coiisideialiou lor the purposes of NFEP/NFE ifthe value of.said CG is full> amortised However where iu\ esluieni in plant and machinerv is morelhaii Rs. 5 (K)crores, the value of imported CG'will be apportioned over a period ol'X vears II am capital goods imported duty Ireeis leased from a leasing company or is taken in loan the CIF value oflhc capital goods shall be included under the imported inputs However, on return ofsuch CG its una mortised portion or value would he excluded from the calculation lormula

i Import "|' raw mal

4 Olhcr outflow of forciKM exthai^e : All the foreign exchange outflow on account of roynlh. di\ idends, commission on exports, interest on external commercial borrow ing etc.. during the particular year has to be accounted for w hile calculating value addition. How ever out How on account ol know-how fee would be apportioned during a period of Hv e > ears/eight years as applicable

5 Value of exports: While calculating value of exports. DTA sale made during the year arc nol to be accounted lor However, supplies made in accordance with I lie para (. 10 and 7.10 of the Policy will be taken into consideration for calculation of NFEP/NFK.

264 THE GAZETTE OF INDIA: EXTRAORDINARY

[ P \ R I 1 — SD 1| 6. Given below arc details of a unit so as to calculate the NFEP for the _\ car 1999 - 2000. on the presumption thai no imported RM was in balance al the end of prcA ious year us w ell us al the end of 1999-2000. In this case, the NFEP for 1999- 2000 is calculated as below •

20% (i.c..20%ofRs. 50.00 lakhs) 1. Amortised value of CG. of import of CG made during the Rs 10 00 lakhs years 1995-96 to 1999-2000)

2. Import orR. M. etc

Rs. 100.93 lakhs

3.0UicroutfloworF. E.

Rs. 10.72 lakhs

4. Value of exports

Rs 173 13 lakhs

The NFEP comes to = 173 13-(10+ 100,93 + 10.72) < 100

173.13

= 29 73%

APPENDIX—14 F

GUIDELINES FOR SALE OF GOODS IN THE DOMESTIC TARIFF AREA(DTA)BY

EOIJ/EPZ/EHTP/STP UNITS:

NOTE: Please see Paragraphs 6.9 and 6.10 of the Policy and paragraphs 6.22. 6.24. 6.25 and 6.30 of the Handbook of Procedures.

L DTA SALE ENTITLEMENT FOR EOU/EPZ UNITS :

Paragraphs 6.9 of the Export ;uid Import Policy and 6 24 of the Handbook of Procedures provide for sale in DTA by EOU/EPZ/EHTP/STP units. Such sales in the DTA w ill be governed by the follow ing guidelines:—

(a) Thcsalcofgoodsin DTA will be subject to the payment of applicable duties as notified from time to time by the Department of Revenue. Ministry of Finance. Government of India. DTA sale includes clearance to any other unit within India under para 6.9.

(b) DTA sale entitlement will be applicable only to those goods and sen ices which arc permissible as per EXIM Policy. No DTA sale will be permissible if such stile is specifically prohibited in theExim Policy or the Lcilcr of Pcrmission/Lctlcr of Intent.

(c) Units may opt for DTA sales on a quarterly, half yearly or annual basis by intimation to the concerned Dcvclopmcnl Commissioner of thcEPZ /SEZ .

(d) The DTA sales entitlement shall be availed of within three years of the accrual of entitlement.

(e) An application for sale of goods in'DTA as per Exim Policy by the EOUs shall be submitted to the Development commissioner concerned in the form given al Anncxurc-A The application shall be certified by an independent Cost/Chartered /Cost and Works Accountant and endorsed b\ the Bond Officer of Cusloms/Cciilral Excise having jurisdiction ovcrthc unit. ThcPcv clopmenl Commissioner concerned will determine the extent of the DTA sale admissible and issue authorization in terms of value. An EPZ unit may effect sale in DTA on the basis of records maintained by it subject to payment of applicable duties to Customs Authorities.

(0 Advance DTA sale permission not exceeding the entitlement accniablc on the exports envisaged in the first year shall be permitted and such sale shall be adjusted against the subsequent entitlements in a maximum period of two years. However, drugs and phannacculicals units can make advance DTA sale of the production on the exports envisaged in the first two years adjustable against subsequent entitlements within a maximum period oflhrcc years from the dale of commencement ofproduclion by the unit. The Unit shall be required to execute a bond with the Assistant Commissioner Cusloms/Ccniral Excise concerned to cover Ihc difference between the amount of duties paid on the advance DTA sale and the full duties applicable on such goods.

(g) Advance DTA sales permission would also be admissible in cases of capacity expansion/product diversification. In such cases, the unil would be entitled to advance DTA sales linked to the exports265 envisaged from ihc expansion or new production streams or through product diversification. However, no advance DTA sale would be admissible to a DT A unit converted into EOU except in respect of new production stream as a result of change of technology.

(h) The DTA sale entitlement would accrue if the MFEP achieved by the unit is not less than the minimum stipulated level in the Appcndix-I of the Policy on cumulative basis.

(i) EOUs engaged in the manufacture of perishable items like floriculture, horticulture, pisiculturc can also avail the facility of simultaneous sale in DTA of such perishable iicms on quarterly basis, while earning DTA entitlement on exports made during the said quarter. Such permission can be granted in advance by the DC concerned subjccl to die condition that the unit has achieved positive NFE cumulatively upto the previous quarter.

(j) Units in the service sector can also a\ ail DTA sale as per procedure mentioned above.

(k) DTA sale of instant tea will be allowed upto 20% of FOB valucof exports in the form of tea bags or bulk.

II. SALE OF GEM & JEWELLERY PRODUCTS:

DTA sale of Gem & Jew cilery items w ill be permitted on annual basis by Ihc Development Commissioners upto IO%ofFOB value ofe\ports during the preceding year subject to following conditions:

a) The application by an EOU will be submitted to DC concerned on yearly basis (liccnsing-ycar)giving the details ofproduclion and exports made during the preceding licensing year duly certified by a Chartered Accountant and endorsed by the jurisdrclional Custom Authority. Howe\ eran EPZ unit may effect sale in DTA on the basis of records maintained by it subject to payment of applicable duties to Customs authorities.

b) The DTA sale of plain jewellery shall be permitted on payment of concessional rate of duly in Indian Rupees as applicable to sale from nominated agencies. In respect of studded jewellery, duty shall be payable in Indian Rupees as notified by Customs.

I1L OTHER SUPPLIES IN DTA:

(i) Sale under para (>. 10 of the Policy

The follow ing guidelines shall apply to the sale of goods in the DTA in respect of supplies specified in paragraph 6.10 of the Export and Import Policy and paragraph 6.25 of the Handbook of procedures:

(a) The unit shall, at Ihc time of application, indicate Ihc quantity and value of goods sought to be supplied in IheDTA. Iflhc sale is effected against an import license hcldby the DTA purchaser, the Customs/Central Excise Officer concerned will allow such sales after making a suitable entry on the license ofthc quantity and \ aluc of such sales. The Import license shall cease to be valid for further imports to the extent of such supplies effected by units

(b) If. the goods proposed to be sold by the units do not require an import license, the Customs/Central Excise Officer concerned will allow such supplies from the unit to the DTA.

(c) Goods supplied under (a) and (b) above will be taken into account for the purposes of discharging export obligation and achievement of NFEP. The unit w ill file a quarterly statement to the Dc\ clopinent Commissioner giving details of the goods cleared in the DTA category-w isc.

(ii) Sale under para (>.9(c) of the Policy

Sale under para 6.9(c) of the Policy shall be considered by the Dc\ clopment Commissioner on quarterly basis. While considering the domestic sales, ihc Dc\ clopmcnt Commissioner will keep the circumstances of Ihc case to ensure that the export orientation of the scheme is maintained.

IV. SALE OF REJECTS

Sale of rejccls is also permitted in the DTA. as pro\ ided for in para f> 9(a) of ihc Export and Import Policy and para 6 22 oflhc Handbook of Procedures

V SALE OF BY-PRODUCTS:

The sale of bv-produclsin the DTA is also permitted as perprovision of para <) 9 oflhc Policy after inclusion of the item in LOP/LOl.

266 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC:. 1]

ANNEXURE-A

APPLICATION FOR DTA SALE PERMISSION

UNDER PARA (>.9(b) OF THE EXIM POLICY — FOR THE PERIOD (QUARTERLY/HALF YEARLY/ANNUAL)

I PROJECT DETAILS

1. Details of the unit

(i)Namc& Address of the unit.

(ii)IECNo.

2 LOl/LOP/lLNo.&Date:

3. Details of the products approved for

Ilem(s) of Manufacture/ Service Present installed capacity manufacture and export in the LOP/LOI/IL

1. 2. X

4. Date of commencement of production:

n DETAILS OF ADVANCE DTA SALE

5.

Approval No. and Date Particulars of products/ Value

service permitted

Details of advance DTA sale permitted, if am

1. 2. 3. Total

DETAILS OF DISPATCH UNDER PARA6.9(a). (b). (h)

6.

Value Details of advance DTA sale effected (Please indicate the period)

Description of goods/service sold in DTA as advance DTA sale

1. 2. X Total

III. PRODUCTION DETAILS FOR THE APPLICATION PERIOD Gross production

1.

eluding rejects

Description of goods produced/ manufactured/service

Total Production in and waste/scrap

Ex-factory value

Quantity

1. 2. Total

IV DETAILS OF PHYSICAL EXPORTS FOR THE APPLICATION PERIOD

FOB value of Physical Exports Value of rejected consignment, if any Net FOB value of Physical

Exports

1. 2 3. Total267 V NET FOREIGN EXCHANGE EARNINGS AS A PERCENTAGE OF EXPORTS (NFEP)

NFEP achie\ ed on expons in the last five years or less as applicable (Calculation Chart enclosed) VI PARTICULARS OF PROPOSED DTA SALE

Description of the items proposed to be sold in DTA

Value

1

2

Total

DECLARATION

I/We hereby declare that the information given above is true and correct

Signature of the applicant

Name

Designation

Seal of the Company

CHARTERED ACCOUNTANTS CERTIFICATE

We have checked and verified the figures mentioned above from the records and books of account of company and found them true and correct

Signature

Name

Membership No

Seal

CERTIFICATE BY CENTRAL EXCISE AUTHORITY

Verified from the records and found correct by Inspector/ Supdt. Of Central Excise & Customs I/C of the factory

Signature

Name

Seal

Note: Each page may be verified and signed by the Chartered Accountant

CALCULATION CHART (TO BE CERTIFIED BY A CHARTERED ACCOUNTANT) SHOWING NFEP ACHIEVED IN THE LAST FIVE YEARS ORLESS AS APPLICABLE

I. DETAILS OF EXPORTS:

(Rs. in Lakhs) F.O.B. value of physical exports made in the last five years or less as applicable

Rs.

(<)

Value of supplies made uiidcrpara 6.10 of the E;dm Policy

Rs.

(li.)

Total

Rs.

(iii) 26X THE GAZETTE OF INDIA. EXTRAORDINARY

IPuuI—Stt: 11 2. DETAILSOF CAPITAL GOODS INCLUDING DG SET AND OTHER OFFICE EQUIPMENTS IMPORTED IN THE LAST FIVE YEARS OR LESS AS APPLICABLE

(I) CIF VALUE OF IMPORTED CAPITAL GOODS (YEAR WISE) IN THE LAST FIVE YEARS OR LESS AS APPLICABLE Isl year Ihicl \ c;ir Illrd yctir IVthscar VUi \ car Total (II) VALUE OF IMPORTED CG PROCURED FROM ANOTHER EOU/EPZ UNITOR FROM A LEASING COMPANY IN THF, LAST FIVE YEARS OR LESS AS APPLICABLE

Isl >car llnd year Illrd year IVtli year Vlli year VIHi year 1 AMORTISKDVALUEOFCAPITALGOODS

(Please sec Nolc below for calculation) Rs.

4. DETAILS OF IMPORTED RAW MATERIAL

Total CIF value of imported raw materials, consumables including POL

(i)

products and components etc in the last five years or less applicable

Rs.

Value of purchases made under Para (> l()(c). d. 16 o f E X lM Policy in

(ii)

Rs.

the last 11 \ e years or less applicable

Value of goods indicated at (i) A. (ii) above held in slock or under process

(iii)

Rs.

at the end ol the relevant period

Value of raw materials elc used in goods produced and

i\)

cleared from the unit i | ( i )i (ii)|-|(iii)j

Rs.

5 Total value of indigenous raw materials, consumables

Rs components etc. used in goods produced and cleared

from the unit in the last live years or less as applicalc

(. OTHER OUTFLOW OF-FOREIGN EXCHANGE INTHELASTFIVEYEARSORLESS AS APPLICABLE

Rs.

Dividends

(I)

Rs.

(ii)

I'mil I

(iii)

'Technical know-how fee

Rs.

Rs.

Ro\all>

(i\)

Commission

Rs.

(\)

Foreign travel

Rs.

(\i>

(vii) Ans olheroulflow in foreign exchange

Rs.

(Please indicate details)

Total

Rs.

7 NFEP achieved

A - \i \ [00

A

Where A -1-"OR value of exports

H Sum total of value of imported inputs used. Proportionate (amortised) value of imported capital goods, technical know-how fee and other expenses made in foreign exchange

Note The proportionate (amortized) value of imported capital goods and technical know-how fee shall be calculated (a 20" i, ol the CIF \ aluc of each year in the last five years or less as applicable.
269
APPENDIX-14 G

PROCEDURE TO BE FOLLOWED FOR REIMBURSEMENT OF CENTRAL SALES TAX (CST) ON SUPPLIES MADE TO EXPORT ORIENTED UNITS (EOUs) AND UNITS IN EXPORT PROCESSING ZONES (EPZ), ELECTRONIC HARDWARE TECHNOLOGYPARK(EHTP),SOFTWARETECHNOLOGYPARK(STP) AND SPECIALECONOMIC ZONES (SEZ) FROM DOMESTIC TARIFF AREA (DTA)

Note: Please see paragraph 6.29 of this Handbook and 7.9 of Exim Policy.

Tlie procedure given hcreunder shall be applicable for reimbursement of Central Sales Tax.

2. The Export Oriented Units (EOUs) and units in Export Processing Zones (EPZs). Electronic Hardware Technolog} Park (EHTP), Software Technology Park (STP) and Special Economic Zones (SEZ) will be entitled to full reimbursement of CcntraJ Sales Tax (CST) paid by them on purchases made from the Domestic Tariff Area (DTA), forproduction of goods and services as per Exim Policy on the following terms and conditions:

(a) The supplies from DTA to EOU/EPZ/EHTP/STP/SEZ units must be utilised by them forproduction of goods meant for export and/or utilised for export production and may include raw material, components, consumables, packing materials, capital goods, spares, material handling equipment etc. on which CST has been actually paid by flic EOU/EPZ/EHTP/STP/SEZ

(ii) While dealing with the application for reimbursement of CST, the Development Commissioner or the designated officer of EHTP/STP shall see, inter alia, that the purchases are essential for the production of goods meant for export and/or to be utilised for export production by the units.

3. The procedure to be followed in this regard is indicated hereinafter and shall be strictly adhered to :

Procedure:

(i) The unit shall present its claim for reimbursement of CST in the prescribed form (Annexure -1) to the Development Commissioner of the EPZ/SEZ concerned or the designated officer of the EHTP/STP.

(ii) As soon as the goods are received by the EOU/EPZ/EHTP/STP/SEZ unit in its premises it will be entered in the material receipt register kept for the purpose. The register must show the details of goods, quantity, the source of purchase and the C Form against which purchase is made, etc. which will be subject to periodical check by the authorised staff of the Zone/Customs administration. A Chartered Accountant's certificate regarding the verification of the materials receipt register relevant to the claim as at Annexure - II shall be submitted alongwith the claim.

(lii) The reimbursement of CST shall be admissible only to those units who get themselves registered with the Sales Tax authorities in terms of Section 7 of the CST Act, 1956 read with (Registration and Turnover) Rules, 1957 and furnish a Photostat copy of the Registration Certificate issued by the Sales Tax authorities to the Zone office concerned for keeping it in the relevant file.

(iv) Claims shall be admissible only if payments are made through the bank accounts maintained by EOU/EPZ/ SEZ/EHTP/STP unit or DD emanated from its accounts.

(v) The claim shall be submitted alongwith flic following documents :

(a) Chartered Accountant's Certificate, from CA, meeting the following criteria, certifying receipt of the goods as shown in Annexure-ll in die bonded premises, scrutiny of original invoice/bill of the supplier and proof of payment against each invoice/bill and its reconciliation with C Form :-

Eligibility criteria for C. A. firms:

(i) In case of units located in the States of J&K, Orissa, North-Eastem States, Andaman and Nicobar Islands and Lakshadwccp, the Chartered Accountant firm should be at least a Sole Proprietorship firm who should be an FCA and engaged full time with the firm.

(ii) In case of partnership Chartered Accountant firms located in die regions indicated in (i) above, should have at least two full time partners, one of whom should be an FCA.

(iii) In case of units located in other regions, the partnership Chartered Accountant firms should have atleast one full time partner, who should be an FCA.

270 THE GAZETTE OF INDIA; EXTRAORDINARY PART I—SEC. 1] (iv) For the regions indicated in (i) above, the Chartered Accountant firm be located in Uie area where the unit is situated otherwise qualification of (iii) shall apply.

(b) Photostat copy of C Form issued by the EOU/EPZ/EHTP/STP/SEZ to the supplier in the DTA with reference to the counterfoil produced by the unit. The counterfoil of C form will be returned to the unit after making suitable endorsement like canccllcd/CST reimbursed" duly signed by the authorised officer of the Zone administration. While making the endorsement only,-the items for which CST lias been reimbursed should be indicated as cancelled and the Photostat copy will be retained by the officerfor keeping in respective file, hi the event of the same C form being used again, the verification could be done at the lime of scrutiny from the self attested photocopies. The firm must indicate the file No. on which the original stands submitted.

(vi) The reimbursement will be limited to the payment orCST against C Form only.

(vii) The EOU/EPZ/EHTP/STP/SEZ shall also intimate Ihenamc of the person/persons who are authorised by them to sign the C Form and furnish three copies of his/their specimen signature(s) which will be kept in the relevant file of the unit.

(viii) The reimbursement will be made on quarterly basis. No claim for reimbursement will be normally entertained if not claimed within a period of six months from the completion of the quarter in which the claim has arisen, hi case of procurement of goods against payment in instalments, the CST reimbursement claim may be made in the quarter in which the full payment has been effected against the invoice/bill. In exceptional cases, the Development Commissioner may consider delayed applications after satisfying that the delay was due to genuine grounds.

(ix) Only one consolidated claim for a quarter will be admitted for reimbursement of CST. No supplementary claim shall be entertained.

(x) The claim for CST reimbursement for the amount below Rs. 100/- on any single invoice shall not be entertained.

(xi) The disbursing authority for the claim of reimbursement of CST will be Development Commissioner/designated officer of EHTP/STP who will make payment lo the units. All claims shall be subjected to post audit.

(xii) The unit shall preserve forthrec years all the original documentsViz. Original invoice/bill, money receipt/ bank statement for random/sample checking and produce the same as and when called for by the office of the Development Commissioner. Random checking of 5% of the claims of a particular quarter should be done in the next quarter through generation of computer statements on the basis of serial numbers. The random list will be generated by the Development Commissioncrpcrsonally.

(xiii) In case some glaring error or irregularity is detected against any unit in claiming CST reimbursement, action lo reco\ er the amount paid and levy penalty w ould be taken under FTDR Act against such unit.

(xK) Any dues of the Government viz. arrears of Lease rent, amount on account of a Court's decree or Income tax reco\ cry note. etc. will also be deductible from the claim amount or it can be set off from the subsequent payment.

ANNEXURE—1

Application for claiming reimbursement of Central Sales Tax against C Form for the goods brought into the bonded Premises of the EOU/EPZ/EHTP/STP/SEZ for the quarter ending on

1. Name of the applicant

2. Full postal address

3. (a) No. and date of letter of Approval issued under EOU/EPZ/ EHTP/ STP Scheme

(b) Whether the Letter of Approval is still valid on

the date of this application,

4. Registration No.:

(With date or issue) issued by S.T. Authorities under CST Act, 1956 :
271
5. Details of the goods brought into units

(b) Name and address of the supplier (including the

name of the state where the supplier is located)

(c) Description of Goods

(d) Quantity

(e) Value

(f) Date of purchases of goods

(g) Date of receipt of goods in die Customs Bonded

Premises of the EOU/EPZ unit

(h) Total amount of CST paid against C Form

0) Sales Tax Registration No. & date of the supplier

under Section (7) of die Central Sales Tax Act, 1956. :

6. Amount of CST claimed

:

Undertaking and Declaration I/We hereby solemnly undertake/declare that the particulars stated above are true and qorrect to the best of my/ our knowledge and belief

No other application for claiming CST has been made or will be made in future against purchase covered by Ihc application.

(a) The goods for wliich the claim has been made are meant forproducdon of goods for export and/or for export production of die EOU/EPZ/EHTP/STP unit and will be utilised only in our factory and we shall not divert or dispose off the material procured without obtaining prior permission of die concerned Development Commissioner.

(b) The goods for which die claim has been made have been entered into die stock register maintained by the unit.

(c) In case die unit is wound up or die unit is allowed to be prematurely debonded, we undertake to refund die entire CST claimed for our EOU/EPZ unit

(d) Any information, if found to be incorrect, wrong or misleading, will render/us liable to rejection of our claim without prejudice to any other action that may be taken against us in this behalf.

If as a result of scrutiny any excess payment is found lo have been made to me/us, die same may be adjusted against any of the subsequent claims lo be made by my/our firm or in the event no claim is preferred, the amount overpaid will be refunded by me/us to the extent of die excess amount paid

Signature

:

Name in Block Letters :

Designation

:

Name of die Applicant :

Firm

:

ANNEXURE-U

CHARTERED ACCOUNTANT CERTIFICATE

I/We hereby confirm dial I/We have examined die prescribed material receipt registers, books of account and the bank statement in respect of the goods mentioned in die table appended, and each entry of die application of M/s for die period- — ———-,——— — and hereby certify that:

272 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 11 (i) The following documents/records have been furnished by the applicant and have been examined and verified by me/us, namely material handling registers certified by the zone administration/Bonding Officer, original invoice/bill, books of account and 1 Bank statement,

(ii) Relevant registers have been authenticated under my/our seal, signatures. It has been ensured that the information furnished is true and correct in all respects, no part is false or misleading and no relevant information has been concealed or withheld,

(iii) The Payment has been made by the said M/s.

to the DTA suppliers in respect of goods received against the original invoice bill(s) as indicated in the table annexed hereto. (iv) The payments have been made by cheque/draft and have been credited to the accounts of the DTA suppliers.

(v) Such payment include the amount of CST indicated in the respective invoices,

(vi) All the items shown in the table are admissible for reimbursement of CST under provisions of Exim Policy and Handbook of Procedures.

Neither I/We nor any of our partners is a partner/Director or an employee of the above named entity or its associated concerns.

I fully understand that any submission made in this certificate if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in the law-or otherwise warranted.

Signature & Stamp/seal of the Signatory

Name

Membership No.

Full address

Name and address of the Institution where registered.

Date:

Place:

TABLE DETAILS OF GOODS BROUGHT INTO UNIT AND CENTRAL SALES TAX PAID DURING THE QUARTER

0) S.No.

fiii) Nature and description of goods

(iv) Quantity received and accepted

(v) Invoice value accepted

(vi) Invoice/Bill No. and date:

(vii) Date of Receipt of the goods and S.No. of entry in material receipt register.

(viii) CST Amount paid

fix) 'C'Form No.

(x) cheque/DDNo. date and amount

(xi) Name of Bank and Branch

(xii) CST Registration No. of the supplier:

Note: Table shall show supplier-wise sub-total and grand total of column (v), (vii) and (x) Cheque/DD amount.

Signature & Stamp/seal of the Signatory^

Name _ _ ^ _ ^ ^ _ _ _ __

Membership No.

Full address

Name and address of the Institution where registered.

Date:

Place:
273
APPENDIX—14 H

GUIDELINES FOR DEVELOPMENT OF INFRASTRUCTURE/CONSTRUCTION OF STANDARD DESIGN

FACTORY (SDF) BUILDINGS IN EXPORT PROCESSING ZONES (EPZsySPECIAL

ECONOMIC ZONES (SEZs) BY PRIVATE/JOINT/STATE SECTOR

With a view to augment the infrastructure I facilities for export production, it has been decided to permit construction of ready built up space in the Export Processing Zones (EPZs)/Special Economic Zones (SEZs) in the Private/Joint/State sector. The following guidelines will apply to such proposals:

1. Private/Joint/Slatc sector investments may be utilised to develop additional infrastructure facilities including construction of Standard Design Factory buildings in the existing Export Processing Zones (EPZs)/Special Economic Zones (SEZs). For this purpose, land already available in the EPZs/SEZs may be leased or sub-leased to developers, inter alia, on the terms and conditions indicated below;

(1) Units approved by the Development Commissioner of the Zone under the EOU/EPZ/SEZ scheme, are only eligible to occupy space in the infrastructure so created,

(2) The land would, ordinarily, be leased or sub-leased by the Zone administration to the developer for a period of 30 years and to be renewed fora similar period.

(3) A legal agreement shall be entered into between the Zone Administration and the developer before the land is handed over.

(4) The developer shall pay the lease or sub-lease rent for the land to the Zone administration from the date of possession.

(5) Private sector participation could be in cither of the ivvo ways: (i) Build and Uwn basis; and (ii) Build and Operate basis: or in combinalion of both:

(i) The developer operating under the first category, shall construct the premises and transfer the same on outright sale basis to the units. The pro-rala lease or sub-lease rent for the land shall be payable annually in advance by the units to the Zone administration from the dale of possession, The period of lease or sub-lease shall not exceed 30 years and to be renewed fora similarpcriod.

(ii) The developer operating under the second category, shall construct the premises and rent out the same to Ihc units. The period of lease or sub-lease shall not exceed 15 years,

2 Transfer or sub-lease of Ihc constructed premises by (he unils would not be permissible.

3. Selection of the developer would be done by way ofopen competitive bids and the parameters for evaluation would be clearly spell oul in the bid documcnl.

4. Development Commissioner of the EPZ/SEZ shall have the right to accept or reject any of the bid.

5. Any change in Ihc parameters/pattern of execution of the work, if necessary, will be effected only with the prior consent of Ministry of Commerce and Industry, Department of Commerce.

6. During the period of construction of a private Standard Design Factory (SDF) in an EPZ/SEZ, the Zone administration will normally not undertake construction of any other SDF in the Zone.

7 Proposals for development of infrastructure/construction of Standard Design Factory buildings in EPZs/SEZs in the privalc/joliit/slalc scctorarc required to meet the following condition :

(a) The EPZ/SEZ unils Ihcrcln will abide by local laws, rules, regulations or bye-laws In regard to areaplanning, sewerage disposal, pollution control and the like. They shall also comply with industrial and labour laws and such oilier laws/nilcs and regulations as may be locally applicable.

8. Procedure for approval:

(i) Proposal for development of infrastructurc/cpnstruction of Standard Design Factory buildings in EPZs/SEZs in (he privalc/joint/statc sector will be considered by the Board of Approvals of EOU/ EPZ/SEZ. Depart ment of Commcrcc.

(ii) A detailed project report from the developer covering the following particulars may be submitted to Ihc concerned Development Commissioner of EPZ/SEZ indicating the financial details including investment proposed, mode of financing the project and viability of the projects, details of foreign equity and repatriation of dividends clc, ifany.

1079 GI/iAWZ—JWA

274 THE GAZETTE OF INDIA EXTRAORDINARY

[PARTI—SEC. 11 9. On acceptance of the proposal, a Letter of Approval v\ ill be issued to the dc\ eloper b> the Zone. The approval will be subject to cancellation in the event of am abuse orAiolation of the conditions of approA al.

10. RBI guidelines on real estate ownership/development by NRl and Foreign/Indian companies, will also apply to development of infrastructure/construction of Standard Design Factory buildings in EPZs/SEZs in the private/joint/state sector.

APPENDIX—141

(TO BE PUBLISHED IN PART II SECTION 3(11) OF THE GAZETTE OF INDIA EXTRAORDINARY)

Ministry of Commerce & Industry

(Department of Commerce)

EPZ section

S.O. No. —In exercise ofthe power conferred under Section 801A of the Income Tax Act, 1961, readwithsub- rule (2) of rule 18 C of the Income Tax Rules, 1962, the Central Government hereby makes the following scheme to develop, operate and maintain Special Economic Zones for the period beginning on the 1" day of April, 2001 for the Zones developed on or before 31.3.2006.

1. Objectives ofthe Scheme:

(a) The scheme shall aim at development of integrated world class infrastructure for exports including carrying out manufacture of goods, rendering of services or in connection therewith and would include industrial, commercial and social infrastructure Components of a Special Economic Zone shall include roads, airports, ports, transport system, generation and distribution of power, telecom, hospitals, hotels, educational institutions, leisure and entertainmcrU units, residential/industrial/commcrcial complexes, water supply sanitation and sewerage system and any other facility required for development ofthe Zone.

(b) Special Economic Zones may be developed and managed in the private sector or jointly by State Government and a private agency or exclusively by the State Government or their agencies. In the case of privately developed zones, the investors could be either Indian individuals, NRIs, Indian or foreign companies.

(c) New infrastructural development works such as construction of Standard Design Factory Building etc, may also be undertaken through private/joint/State sector in the Export Processing Zones converted into Special Economic Zones.

2. Criteria for Approval:

Proposals for getting up SEZ in the public/private/joint/State sector are required to meet the following conditions:

(i) Minimum size ofthe SEZ shall not be less than 1000 hectares. This would however, not apply to existing EPZs converting into SEZs as such or for notifying additional area as a part of such SEZ or to product specific SEZs.

(ii) The SEZ and units therein 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 and such other laws/rules and regulations as may be locally applicable.

(Hi) Such SEZ shall make adequate arrangements to fulfill all the requirements ofthe laws, rules and procedures applicable to such SEZ.

IV) Only units approved under the SEZ Scheme would be permitted to be located in these SEZ, At least 25 % area of the SEZ shall be used for developing industrial area for setting up of such units.

(v) The predominant objective of development of a SEZ would be to create infrastructure which would facilitate setting up of industrial area for units therein as indicated in the para (iv) above.

3. Procedure for Approval:

3, i Applications (] 0 copies) indicating the name and address of the applicant, status of the promoter (whether individual/private oqmpany/State Govemment/NRIs etc.) along with a project report covering the following particulars shall be submitted to the Chief Secretary ofthe State:

0) Location of the proposed zone with details of existing and proposed infrastructure.

1079 GI/2002—20B275 (ii) Area of the proposed SEZ and Its area distance from the nearest Sea Port/Airport/Rail/Road head etc. (iii) Financial details including investment proposed, mode of financing the project and viability of the project, (iv) Details of foreign equity and repatriation of dividends etc., if any.

(v) Whether the zone will allow only certain specific industries or will be a multi-product zone.

3.2 The State Government shall, forward italongwith their commitment to the following, to the Department of Commerce, Government of India:

(i) The area incorporated in the proposed Special Economic Zone is free from environmental prohibition;

01) Water, Electricity and other services would be provided as required;

(Hi) Full exemption in electricity duty and tax on sale of electricity for self generated and purchased power;

(iv) To allow generation, transmission and distribution of power within SEZ;

(vi) Exemption from State Sales Tax, octroi, mandi tax, turnover tax and taxes, duty. Cess, levies on supply of goods from Domestic Tariff Area to SEZ units;

(vii) For units inside the Zone, the powers under the Industrial Disputes Act and other related Acts would be delegated to the Development Commissioner.

(viii) The Zone will be declared as a Public Utility Service under Industrial Disputes Act.;

(ix) Single point clearances system would be provided to the units in the Zone under State Laws/Rules.

3.3 The proposal incorporating the commitments of the State Government shall be considered by the Board of Approval (BOA) as notified vide notification No 14/1/2001-EPZ dated 7.8.2001.

3.4 On acceptance of the proposal by the BOA, the Department of Commerce will issue a Letter of Permission to the applicant; hereafter referred to as "developer".

3.5 Developer could undertake activities required for the development of the zone as per the approval granted by BOA. Other entities, as approved by the BOA. may also undertake approved development activities of the SEZ provided that commercial, residential and recreational facilities shall be approved only if the developer has at least 2 6% equity in-such entities.

3.6 In case of converted EPZ into SEZ approval for development of requirements in infrastructure will have to be obtained from BOA on case to-case basis. Para 3,5 shall mutates mutandis apply to creation of new infrastructure in the converted SEZs.

4. General Conditions:

(1) Tlie undertaking applying forapproval shall undertake to continue to operate under the SEZ scheme during the period in which benefits under Section 80IA of the Income Tax Act are to be availed.

(2) The Central Government may withdraw the approval given to an undertaking for setting up of SEZ if the undertaking fails to comply with any of the conditions of approval.

5. Agreement with Central Government

The Letter of Permission issued by the Government of India (Department of Commerce) to the developer for setting up of Special EconomicZonc shall be treated as Agreement' for availing exemption under the Section 80-IA of the Income Tax Act.

New Delhi

Dated: 24.1.2002

(D.K.Mittal)

Joint Secretary

NoF,2(l)/3/2001-EPZ

APPENDIX 1+J

STANDARD CONDITIONS FOR DEBONDING OF EOUS/EPZS/SEZ/EHTP/STP UNITS

(a) Applicable customs and excise duties would be paid, on the imported and indigenous capital goods, raw materials, components, consumables, spares and finished goods in stock The unit may be allowed to 276 THE GAZETTE OF INDIA: EXTRAORDINARY

IPARTI—SEC. II dispose off raw material, components, consumables etc. against duty free licenses,The unit may also be permitted lo export ihc CG. raw material/components etc.

(tO The penally imposed b\ Uic appropriate authority, under the Foreign Trade (Development and Regulation) Act. 1992 fornon-fulfilmcni of the conditions of approval, would be paid. In case an appeal against an order imposing pcnall) is pending, dobonding would be considered if Ihc unit has obtained a slay order from Competent Authority and has furnished a Bank Guarantee for ihc penally adjudicated by the appropriate amhorilv unless the appellate authority makes a specific order exempting the unit from this requirement, (c) In case the unit has failed to fulfil the terms and conditions of LOA and penal proceedings arc lo be taken up/ are in process, a legal undertaking for payment of penalties, that may be imposed, would be executed with the concerned Development Commissioner as per enclosed proforma at Anncxiirc.

(d) U nits located in the Export Processing Zones w ould. on debonding. be required to immediately vacate ihcir premises. EOUs wishing to continue operations in ihc DTA would need to comply with industrial, localional, environment or other laws, rules and regulations in force for DTA units.

NOTE 1. The unit would fulfil theabo\e mcniioncd standard conditions inapcriodofsix months from the date of issue of "in principle' debonding letter and obtain final debonding permission from the Development Commissioncr/SI A (in case manufacturing of item requires Industrial Licence) failing which ihc appro\al granted would lapse automatically DC ma> how c\cr allow a further extension for fulfilment of the standard conditions in desen ing cases.

2 Further, the unit w ould continue to be treated as F.OU/EPZ/SEZ/EHTP/STP unit till the date of final debonding order or issue of fresh LOP under the new scheme in cases of conversion from one scheme lo the other and subject lo monitoring of the stipulated obligations under Ihc relevant scheme.

ANNEXURE

FORM OF LEGAL UNDERTAKING FOR DEBONDING OF THE UNIT M/s

w e re g r a n t ed L O A / L OP No. _____ _,_, dated _____ for setting up a 100% Export Oriented Unit

at for the m a n u f a c t u re and export of

__ subject inlcr-alia to the condition that they would achieve NFEP/EPas pcrpro\ isionsof EX1M Policv,

The unit filed a legal undertaking as per Appendix 14 DofHandbook of Procedure on

with the President of India through the Devclopmenl Commissioner. EPZSEZ for achieving ihc abo\ c mentioned commitments

As against lhcabo\ e commitments, the unit's actual performance has been as under:—

Year

Import

Ixport.

TO "~RM

The unit applied lor debonding which was appro\cd vide letter No

dated subject inter-alialo the condition that penally imposed by Appropriate Authority under the FT (D&R) Act. 1992 for non fulfilment ofllic conditions of approvals would be paid.

In v i ew of the a p p r o v al for d e b o n d i n g. 1/Wc

herebv undertake as under •

, ,- . .——— (i) That 1/Wc

shall pay whatever penalties arc imposed by Ihc Development Commissioner under FT(DR) Act for non-fulfilment of the terms and conditions ofLO A/LOP.

(ii) That I/Wc

__„

shall adhere to the mode of payment of penalties, ifany. and time frame in which penalties arc required lo be paid to the Director General of Foreign Trade without any demur or protest.

Full and expanded description

of the unit with full address.
277
IN WITNESS WHEREOF the unit hereto has duly executed this agreement on

this

da> of _ 2 < ) ( )_ signed, sealed and delivered by the unit in Uie presence of:

1. Name

Address _ ^ _ _ ^ _ _ _ _ _ _ __

2. Name ^ __ _ _ __

Address _ ^ _ _ _ _ __

(To be authenticated/affirmed by 1st class Magistrate/ Notary Public)

Accepted b\ me on behalf of the President of India.

Dy./Jt. Development Commissioner. EPZ/SEZ

APPENDIX-14 K

Guideline!, on revivul/dehonding of .sick EOU/EPZ Units

(Please sec paragraph 6.38(v) of this Handbook)

To rc\ h e units which may have become sick" and to provide an exit route to those units, who may want to move out of the EOU/EPZ Scheme, the following guidelines are prescribed :—

1. Revival of operations:

(i) A unit w hich has been declared sick by the appropriate authority shall submit a revival package through die Development Commissioner concerned to the Board of Approval for consideration and approval.

The Board shall consider the following :

(u) Extension in Uic period for fulfilment of EP andNFEPfora furthcrperiod upto a maximum of 5 years al the prevalent norms indicated in Appendix I of the EXIM Policy.

(b) On extension of the period, unutilized raw material and imported/domestically procured capital goods shall be allowed to be carried forward at their original value

(ii) On grant of extension, the LUT executed by the unit shall be suitably revised.

2. Transfer of sick unit

(i) In case an entity is willing to takeover all the assets and liability of a 'sick unit", transfer of such assets and liability as per die dispensation indicated in Part I above shall be considered by the Board of Approvals. An application for such takeover may be submitted through the Development Commissioner concerned to the BOA for approval.

(ii) The sick unit could also transfer the imported/domestically procured capital goods and raw material to another EOU/EPZ/SEZ units. For the buying units, it shall be treated as a domestically sourced goods for the purpose of NFEP/EP.

3. Utilisation of space

(i) In the event of a unit being granted an extension of period for fulfilment of NFEP/EP as indicated in Part I above, the space provided by the zone administration would continue to be in its possession. The Development Commissioner shall not charge any penal interest payable on rental for the period for which the unit has remained closed upto the dale of the new bonding period.

(ii) In event of the unit debonding as indicated at Part II (i) and (ii). the unit shall to be liable to pay all the reni.il dues as decided by (he Development Commissioner. However, if the unit is being taken over by another unit, the liability shall pass on to the unit which is taking over the sick unit, subject to an undertaking bci nj* 27X THE GAZETTE OF INDIA. EXTRAORDINARY

IPARTI—SEC:. 11 given by ihc laticr However, no pcn;il interest on rental dues shall be charged Tor the closure period before takeover.

(iii) All adjudication proceeding under FTDR Acl shall remain in abeyance in case of revival/lake over of sick iv!;', and approv a I of ii b\ the Board of Approval.

APPENDIX-14L

NORMS OF SCRAP/WASTE MATERIAL FOR AN EXPORT PRODUCT UN DER

EXPORT ORIENTED UNITS AND UNITS IN EXPORT PROCESSING ZONES

N o t e: Please s ec Para f>.9 o f l hc Policy a nd Para (>.3()of this Handbook.

No. Goods Manufactured

Goods used s.

3 1.

2

1. Stainless slccl utensils

Pcrccntagcs of scrap or waste on imported goods

4

Stainless slccl sheets and circles

Cellulose nitrate sheets and cellulose acetate

2. Spectacle frames, if produced —

(i) by fabrication out of cellulose

nitrate sheets and cellulose acetate

sheets

(ii) by moulding from cellulose acetate powder

3.

25%

sheets 65%

20%

2.X%

Chloramphcnicoloral anspenium

Pharmaceuticals

4.2X%

chloramphcnicol capsules eclalia

capsules

Granulated tablets mass.

4. Adclphaue ECsidercx tablets

5. Remacianc Capsules

f>/>7%

1.5%

O.X3%

a) Rifninpicin. USP

b) Lactose Crystalline

<>.X3%

c) Empty Gelatine

cwy,,

Imported ny lex fabrics and oilier

fi. Embroidery on fabrics

embroidery materials like straw yarn,

4.23%

metallic yarn and sequences

7

Imported tin sheets

x.y%

Salted peanuts and cashcwnuls

X Hand Knitting Machines

Imported components such as

0.40%

selectors, carries, needles, beds

and brushes

l) Imitation Jewellery

X.0%

a) PVC Plastic

b) Metal Parts for hand bags

1.3%

c) Metal Parts for Jewellery

3.5%

d) Glass Chalons and Beads

27%

PVC Granules

10. PoKlhene Bags

Raw Ivory l\ory ( a n i n gs

II.

Plain ivoiv bangles

Raw Ivory 12.

Industrial chains

n.

(i) 1/2" pilch chain

5%

30%

10%

Cold rolled steel

(ii) 1/4" pilch chain

-do-

40%

35%279 4 1. 2 F(U(\ Acid. Oils and perfumes 14. Soap

15 PVC pipes

PVC resin. PVC Stabilizer PVC lubricants, fihcrproccssing acids, pigments and plasticiscrs

Glass Tubes 16. Lead Glass tubing

Wire 17. Lead in Wire

a) Lead Glass tubings 18. Fluorescent starter

b) Bimetal

c) Lead in wire (small)

d) Lead in wire (big)

c) Glow lamps

0 Capacitors

g) Revetting

h) Aluminium alloy rods

I) Bakclite sheets

Brass rods, profiles sections of brass etc.

19, Builders hardware

Cellulose nitrate and acetate sheets 20. Combs and brushes

100% cotton denim 21 Jeens

100% cotton printed sheeting 22. Bed Linen sets

Knitted fabrics 23. Jacket

Plain fabrics 24. Shirts

Check (printed) fabrics

PVC Resin PVC Stabiliser PVC Lubricants 25. PVC reinforced hoses, extruded moulded plastic products

Filter processing aids.

Pigments and plasticiscrs.

Kraft paper and flutting media 26. Corrugated sheets and boxes

Lactose 27. Baraglin tablets.

Analgin 28. Skirts

Fabrics 29. Embroidered Kaftan

65%polycster/35%cotton fabrics.

30. Air compressors

MS.Plates 31. Detergent Powder

Alkyl benezene, soda ash, caustic soda, sodium tripry phosphate, carbonyl methyl cellulose perfumes.

Diazionon stabliscd Neocidolbulk 32. Ncocidol60Ex.

Stainless steel sheets.

33. Stainless steel Cutlery

34. Domestic Mixers

i) Copper enamelled

ii) Insulating paper 5"-;,

5%

20%

15%

14.%% 24.70% 25.(X)% 23 50% 0.5%

7 5%

5 5%

25%

35%

34.(X)% 50.
23.00% 19.10% 2O.(X)% 5.00%

10.1 X)% 5.< X)% 3.(X)%

2O.(X)% 22.00% 4.20%

5.00%

3.00%

35.(X)% 1.5%

23% 280 THE GAZETTE OF INDIA .EXTRAORDINARY

[PART I—SEC. 113 1. 2 4 35. AAC/ACSR Overhead Conductors Aluminium Rod and Steel Wire

1.75% 36. Injcclion/blow moulded plastic articles, HDFE. PP. LDPE. and PVC

5%

L.D.P.E. Granules

10% 37. Flexivial

3K. Woollen Pullovers and other Knitted Woollen and other yam

10.02% Garments.

39. Agarbatti

(a) Packing Tubes Tor Agarbalti

5%

MIS Sheds/Tin Plates

(b) Packing Cartons for Agarbatti

(i) 15" agarbalti Unit Carton

Foil Board Sheet (Paper Board-Gold)

22.5% 32.7%

-do-

(ii) 10" Agarbatti Unit Carton

37.5%

-do-

(iii) 5 Tola 55 Scries Unit Canon

Bamboo Sticks

(c) Bamboo Slicks Waste

(a) Resistance Wire

21,78%10% 40. HRC Fuses

(b) Indicator

10"/.

(c) Contact Knives

1%

(d) Exconal (Aluminium Profiles)

13%. 15%

(c) Shrinkage Plastic

2%

(0 Pull Lugs

1%

(g) Hexagonal-1 Nut

1.05%

(h) C> lindcr Head Screw

5.25%

(i) Spring Washer

1%

0) Name Plates

2%

(k) Silicon Rubber

1%

(1) Striker Plat

1%

*

1%

(m) Striker Hose

3%

(n) Striker Pin

5%

(o) Extractor Rivets

3%

(p) Compression Spring

10%

(q) Support Card Boards

5%

(r) Soldering Wire

8% to

(s) Phenol Chalk Mineral

10%

(t) Copper Strips Poly propylene.Colour and pigments

7,5% 41. Carry Strappings

Polypropylene

5.5% 42. Polypropylene Bags

1%

Aluminium Coupling (nut and tail piece)

43. Fire Hoses

0,62%

(a) Oil Blend

44 Processed Vegetable Oil

(b) Tins/Jars

5% <"/

(c) Outer Cartons

(d) Cellophane Shccts/Bopp Rolls

3%. 1%

(c) Gum Tape/Cello Tape

1%

(f) Carry Stripping Rolls .
281 4 3 1 2 5% (a) Base Mechanisms/Case 45 Lipsticks 5% (b) Inner Cartons
•5%

(c) Outer Cartons

1%

(d) Labels/Stickers

10/

(c) Gum/Cello Tapes

(0 Carry Stripping Rolls

i%

5%

(a) Raw Bulk Powder

46. Powder Compacts

(b) Holding Cases

(c) Godcts

5'M.

(d) Pressing Cloth

5%

(e) Acetate Sheds

5%

(0 Applicators/Brushes

(g) Labels/Slickers

1%

(h) 1 miner Cartons

5%

(i) Outer Cartons

5%

(j) Guiu/Ccllo Tapes

1 A)

(k) Carn Stripping Rolls

i%

5% 17 E\ cbrow /E\ c Shadow Pencils

(a) Raw Pencils

5%

(b) Foils

(c) Caps

(d) Tnns

5%

(c) Inner Cartons

(0 Plastic O n er lor Trays

5%

(g) Outer Canons

(li) Guin/Ccllo

1%

Tapcs/Carnslrap Rolls

5"/,, 4X.

(a) Bottles/cans

Pcrfnniar>' Products

5%

(b) Caps

2"n

(c) Valves

(d) Actuators

(c) Lablcs/Slickcrs

I¹¹--;.

5"/,,

(0 Inner/Outer Cartons

(g) Guin/Ccllo Tapes

1%

(h) Carrystrap Rolls

1% 49. Sli;impoo/Coiidilioiicr

5%

(a) Bottles

(b) Inner Cartons/Poly bags

s%

(c) Ouicr Cartons

(d) Cellophane Shccts/Bopp Rolls

1%

(e) Gum Tape

(0 Cello Tape

\%

(g) Carry Stripping Roll

\"A, 282 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC, 113 1. 2 4 50. Hand Bags

(a) Gobelin Tapestry/Fabric(Basic Fabric)

(t>) Nylon Lining Fabric

(c) Frames

(d) Chains 51 Ladies Nighties

65% Polyester/35% Cotton and all types of Fabrics 52.

Aluminium Sheets Aluminium Claded Stainless Steel Utensils

53.

Polyester Pongee cloth Artificial Flowers

54

Steel Marine Freight Containers

55 Disposable Food Containers

Plastic Sheets 56.

Pol}¹ ester/Cotton Fabrics Overalls(Industrial & Institutional Garments)

57. Bags

Printed Fabrics

-do- 58. Parcos

59 Shorts

Fabrics 60

Polycarbonate granules Polycarbonate Cans

61. Polyester Film Capacitors

(i) Aluminium Foils

(ii) Polyester Foils

(iii) Coply wire

(iv) Resin

(v) Adhesive Tapes

(vi) Capacitors 62.

High Carbon Steel wire Domestic sewing machine needles

61

Lithographic Films(different sizes) Silver

64. Carved Limestones

Unifinished Limestones 65.

Unfinished Marbles Caned marbles

66. Bone China Tablewares

(a) Bone Ash

(b) Ball Clay

(c) China Clay

(d) Feldapar

(e) Quartz

(f) Vn.Body

(g) CER.GLAZE

Duplex Board 67. Prinlcd cartons

68. Leaflets (Folder)

Maplitho paper 69. Shirts Band

An paper 70. Slicker

Presumed paper 71.

100% polyester Jackets Quilted

Filler Taffata 100% Nylon 72. Nighi shirts

1(K)% polyester Satin fabrics 27.15% 35.75%

7.40%

6.30%

11.27%

30.83%

30%

4.6%

4%

19.48%

17.1H% 06.12%

22.82%

06.00*%,

0.2.(X)% 01.50%

02.50%

O5.(X)%

I(X>%

(U%

44.86%

105.23% 33 3 3%

22.75%

7.8%

31.18%

15.06%

20.
27.
21.42%

i5.%283 1 4 2 73 Dressing Gown 100% polyester 18.98%

Terry Fleece Fabric^

74. Quilted House Coals/Dressing Gown (a) K)U% Polyester Fabrics

(b) 100% Polyester Wadding

(c) Nylon Fabrics:

22.42% 75. Stainless Steel Utcncils

Stainless Steel Coil

39.W (JI) Colnndcr in 4 si/.c

(b) Colander stand in 3 si/c

(c) Colander handle in 2 si/.c

(d) Multi Cookcnvarc set- a set of 4 pes

(c) Cocktail Shaker

(DThala

((•) Stainless steel Boomer Ring

(h)Zara in 5 si/.c

(i)Tha\ cilia in 5 si/c

( j ) l. addle 4 si/.c

(k) Bhaji spoon pan in 4 si/c

(hC'liiiiiipugc Bucket

(in)Chanii

(n) Vegetable Steamer

(o) Supreme Bowl

(p)Cannislcrin Ksi/c

((|) Pickle Tray

(r) Double body cup and saucer

(s) Tiffin 2X swu Dabba. Fmnic. Lock clip

i

(l)PaslaCannislcr

(u)Tea Kettles

(\ )U Tip Container

(w) Charge Plate

(\)cotioi\ Container

(\)Kei(leCo\ers

(/) Pressure Cooker

(aa) Stock pot

(bb) Butter Warmer

(cc) MiNing Bow). Sen inj; Bowl 284 THE GAZETTE OF INDIA: EXTRAORDINARY

IPAKI I—SKC II3 4- 1 2 (dd)Cookware set Sandwich

Bottoin-Casserol in 6 size

saucepan in 2 size and

Frypan in 3 size.

76. Hings with Ball Bearings

I) Brass Sections 77. Syringes with or without needles

Plastic film medical disposable

film 422mx I (X)micron

Input Inatcrial for synthetic/blended yam

78. Synthethic yarn/blended yam

79

LDPE. HDPE. LLDPE. EPPS. ABS & HIPs cic.

Plastic granules
Rubber 80 Hot water bottles of rubber

81

Waste in the fonn of cotton(from cotton to yam

Denim fabrics

Waste in the fonn of hard waste(from yam to fabric)

Waste in the form of fabrics(fents. rags/chindies

during the process of finishing and packing

Surimi fish paste Surimi (minced fish paste)

82

fresh and frozen fish etc.

83 Bicycle Frames and forks

Steel sheets

ERW Steel tubes Bicycle

frames (wt.300() gms) Model genius

(i)

Bicycle

ES W Steel tubes frames (wt.3000 gms)

(ii)

Regular model MTB

ForkMTB(wt,1061

ERW steel pipes gms)

84

Input material for Halogen Lamps Halogen Lamps

85

Input powder Barium Fcrrite Powder/Strontum

Ferrite Powder

86. Terry Towels

Terry Towel without border

Input thread 0)

Terry Towel with border

Import thread fli)

87. Embroidered fabrics

Base

cloth(Blended/l<)()% polyester)

Yarn waste(Embroidered yam) 88.

Waste of out put allowed Rice

Bran

Broken Rice

Sortex (Rejects)

Impurities (Organic/Inorganic)

39.(X)

11%

2%

5%

5%

14%

4%

9.23%

60%

7.69%.

6.25%

12.53%

5%

30%

5.66%

10.80%

15%

9%

8%

20"/,

15%

2%285 4 1 3 2 21% HR sheet for Rim 89. Wire wheels

HR sheet for shell

Billets for shell

Spoke wire

Nipple wire 90.

Stator Housing G4x2 Stator Housing G4N3 Servo Control Mcchanisrii and components

Stator Housing G4.\4

Front FlageG4x4

Resolver Housing G4x2

Resolver Housing G4x3

Resolver Housing G4x4

Nozzie Block as per drg B65804

G4.\2 Stator Complete copper wire

Radex cable

Stator Core scrap

G4x3 Stator Complete copper wire

Radex cable

Stator core scrap

G4x4 Stajor Complete copper wire

Radex cable

Stator Core Scrap

Nylon and lycra yarn 91. Knitted cotton sports and dress socks

Cotton Upto 24s carded yarn

92.

Cotton 24s to 60s carded yarn

Acetone Bulk

93.

drugs/intesmediates

Methanol

Isoprophy Alcohol

Acetic Acid *

Input material Paper Cone for Yam

94.

95.

41%

69%

13%

39%

32,7% 29,5% 26%

11.9%

19.56%

15.6%

15.6%

18.46%

6,25%

1%

4%

4.3%

1%

4%

. 5%

1%

2.4%

10%

14%

13%

30%

6%

65%

90%

40%

7.75%

Aluminum alloy- rims profiles Birycle and bicycle components(Rims)

26'"

24"

20"

6 34%

7 24% 286 THE GAZETTEOF INDIA: EXTRAORDINARY

[PART I—SEC, 1]1. 2 3 4 96. Watch screw and parts

Watch screws

Watch pinions

Watch reverts 97. Charge Clvrome

Cliarge Chrome 9S. Acrylic Blankets

Acrylic yarn (one pl\ and two p l \)

99. Printed books and

Paper related products

Graphic films

Prc-scnsitizcd

Aluminiinum plates KX) (a) Combed cotton yam

Cotton 101 Disposable Gas C> lindcrs

CRC Sheets 102 Oil Seal plates

Steel bar Stainless steel

SS bar

(i) Phosphor bron/.c lube Journal Bearing

(ii) Phosphor bron/c bar 103 Engg.
(i) Iron castings. Steel Bars non- machinery componcnis

ferrous metals and non-Mclals

and aluminum

(ii)CMHR Sheets I(U Double throttle Check

Casting val\ e

Steel bar Double check

Casting Valve

Steel bar Gear Pump

Aluminum Exinision 105

Guar Seeds Guar Gum refined

splits

106 100% Cotton gau/c

Coiion yarn Swabs

Cotton yam Cotton bandage &

Lcnglh w isc elastic cloth

107 Silk fabrics

Mulberry raw silk/Douppion vani 108 Silk Garments

(i) Ladies skirl

KM)% silk fabric (ii) Ladies blouse

-do- (iii) Ladies dress

-do- (iv) Ladies Jacket

-do- (v) Ladies trousers

82.66%

92.72%

78.24%

5()% (6f granule

ted slag.) 17%

11.9%

4.6%

2.6%

30%

31%

50%

43%

40"/,,

50%

10%

15%

0.974/Kg O.O.WKg 0.594/Kg ().6f>3/Kg 0.8.10/Kg 1.3%

11%

11%

53%

10%287 (vi) Men" s shirt

(vii) Ladies shirt

100%,siik 100% silk fabric

110

(i) Gold/Platinum (by weight)

(ii) Silver (by weight) Plain Jew cilery and articles and ornaments like Mangalsutra containing gold and black beeds/imitation stones, cubic zirconia etc but excluding diamonds, precious, semi-precious stones.

in

(i) Gold/ Platinum (by weight) Studded jewellery other then those covered by S.No, 110 above and articles thereof

(ii) Silver

(by weight) 2%

3.5%

4.5%

9%

10%

3.5"/a

112 Mountings and findings manufactured indigenously

(i) Gold/Platinum (by weight)

(ii) Silver

(by weight)

(i) Gold/Platinum 113

(by weight)

(ii) Silver Chains/Bangles manufactured by a fully mechanised process and unstudded,

(by weight) 113 Mountings whether imported or indigenously procured/ manufactured, used in the sluddcdjcwellery

(i) Gold/Platinum (by weight) (ii) Silver (b> weight) 114 Gold/silvcr/platinuni medallions and coins (excluding the coins ofthc nature of legal tender)

(i) Gold/Platinum (by weight) (ii) Silver (by weight) 115.

Gold/silver/platinum jewellery Repair/remaking of plain /studded gold/sil\ cr/platinum jewellery

Ethylcnc(HMHDPE) 116 (i) Garb arc bass

Ethvlcnc(LD/LLDPE) (ii)Carn bars with handle

117

Woolen Fibres/slivcr/roving etc. Semi woolen yam

IIK Decorative glass window panels

Glass 119

Acetone. Melhanol lsoprophy, Alcohol. Acetic Acid Bulk drugs and bulk drugs intermediates

120 Timirfe Gears

Gear Lubricant Oil RH. Gear Water Pump RH, Gear Crank RH. Gear Idler LH. Gear Accessor) RH, Gear Idler RH. Gear Hyd. Pump LH, Gear Cam Shaft (Hobbcd)

As applicable 121 Items not covered above (excluding Gem & Jewellery)

4.5%

1.25%

1.25%

2.5%

2.5%

0.25%

0.25%

2%

5%

12%

7.13%

20%

40%

24.56% Upto 5% 288 THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. 1]

APPENDDC-15

AGRI EXPORT ZONE

Xole: Please ,we paragraph 3.5.1 Io3.5.4oflhc Policy.

The following arc notified as Agri Export Zones for the products mentioned therein. The Agri Export Zone shall cover the Dislricl/Mandals/Blocks/satellite centres specified in the table below :

S.No. Product

State 1

2

1 Pineapple

West Bengal 2

Kama laka Gherkins

T

Ullninchal L\checs

4 Cul Flowers

Tamil Nadu 5

Maharashtra Grape &. Grapevine

f>

Andhra Pradesh Mango Pulp it Fresh Vegetables

7

Tripura Pineapple

X

Maharashtra Mangoes

•J

Jaminu & Kashmir Apples

10 Potatoes. Onion and Garlic

Madhva Pradesh

Punjab II Cabbage. Broccoli. Okni.

Peas. Carrol. Baby Com.

Cireen Chillies. Circuit

Bciins. Tomalo

Ullar Pradesh 12 Potatoes

Ullar Pradesh n Mangoes

14

Ullar Pradesh Mangoes

Punjab 15 Potatoes

10

Maharashtra kesar mango

Mowers

17

Maharashtra IX

Jammu& Kashmir Walnul

West Bengal V) l.\Uiee

Bihar 20 Lvdiee

Districts covered

4

Darjccling, Jalpaiguri. Ultar Dinajpur, CoochBchar Tumkur, Bangalore Urban, Bangalore Rural, Hassan, Kolar. Chitradurga, Dharwad and Bagalkot

Udhamsingh Nagar, Dchradun andNainital Dharmapuri

Nasik, Sangli, Sholapur, Satara, Ahmcdnagar Chitoor (Kuppam Food Park. GD Ncllorc, Tavanampallc, Bangampalcm, Irala, Pakala, Palaniiincr, Pooliilapallu, Punganur, Rama Kuppam, Shnntipunini, V-Kota, Gudipallc Mandals) Kumarghat, Mann, Mclaghar, Matabari and Kakraban Blocks

Rajitagiri, Sindhudurg, Raigarh and Thane Srinagar, Baramula, Anantnag, Kupwara. Kalhua ;mdPulwama

Malwa. Ujjain, Indorc, Dcwas, Dhar, Sha,japur, Rallam, Nccmuch and Mandsaur

Falchgarli Sahib, Patiala, Sangnir, Ludhiana and Ropar

Agra, Huthras, Farnikhabad. Kannoj. Mccrut, Baghpat and Aligarh.

Lucknow. Uiintio. Hardoi, SitapurandBarabanki Saharanpur. Mu/affarnagar. Bijnaur. Mccmt.

Baghpat and Bulandshahr

Singhpura. Zirakpur Disll. Paliala and satellite centres at Rampura Pltul, Mnklsar, Ludhiana.

Jiilhindur

Aurangabad, Bccd, Jalna, Ahmcdnagar and Latur Punc, Nasik, Kolhapur ajid Sangli

Baramnlla. Ananlnag. Pulvvaina. Budgam.

Kupwara, Srinagar, Doda, Poonch, Udhampur, Rajouri ajid Kalhua

Murshidabad. Malda, 24 Pargana (N) and 24 Paryana(S)

Mu/arrarpur. Samastipur. Hajipur, Vaishali, Easi and West Champaran. Bhagalpur, Bcgu Sarai.

Khag;iria. Sitannirhi, Sar.in and Gopalganj 2Ky

APPENDIX-16

APPLICATION FORM FOR GRANT OF EXPORT LICENCE FOR ITEMS MENTIONED AS RESTRICTED

FOR EXPORTS IN SCHEDULE II OF ITC(HS) CLASSIFICATIONS OF EXPORT AND IMPORT ITEMS

Note

1 Please read the general instructions gi\ en JI Appendix I before filling (Ins application

2 Please submit 5 copies of this application form

FOR OFFICIAL USB

File No — _ —_ Date

•—

1 Name and address of the applicant

2 EC Number

^ Purpose of Export (Trade/Pcrsonal/Samplc)

4 Relevant Para of the Policy undcrwlych

licence is sought

5 (I) Item ofExport

(ii) SNo under ITC(HS) Classification

(iii) Quantity applied for

(i\) FOB \aluc per unit

(\) Total FOB value

(> If (he application is for export of seeds give

the following additional information

(i) Details Qt seed/plajiting material proposed

forexpon

SNo

Crop

Variety

FOB price per unit

Qly in Kgs/ Number of pieces

(1)

(2)

(4)

(5)

0)

(ii) Whether seed/ Planting material proposed

to be exported is of notified variety

(iii) Whether seed/planting material proposed

to be exported has been produced under custom production arrangement'' Ifso, enclose details/ agreement entered into with buyer

(IV) Whether the variety of seed/ planting

material proposed to be exported is used in India.

(v) Places whether the variety proposed to be

exported is grown

(vi) Any other relevant information

1079 GI/2002—21A 290 THE GAZETTE OF INDIA EXTRAORDINARY

[PART I—St( II 7 Details of the exports of the item applied for in preceding three years (gi\ c information m following form)

Yen-

SNo

Licence No and dale

Destination of export

Qlv and

value in US $

ofllie licence

Qn and \alucm USS of the item exported

|2|

11]

141

8 Export order No &Date

(Attacli cop\)

9 Name and address of the bu> cr

10 Port of shipment

11 Destination of Export

12 If application is for export of samples/cxhibils/

gifts giv c the follow ing details

,l) fV'l'ii ' I inn|

b) How much ii „ tflhe ceiling limit

Q Justification loi excess

H If export isb\ Post Post Office w here the

parcel will beplaccd

DECLARATION/UNDERTAKING

I/weherebv solcnmk undertake/declare that —

(0 The particulars and the statements made in this application and annexures attached thereto are true to the best of 1m /our know ledge and belief and nothing has been concealed or withheld therefrom (n) An^i licence granted on die basis of this application shall be liable to cancellation or being made ineffective without prejudice to am other action that n^n be lakenm tins behalf under the Foreign Trade (Developmcni and Regulation) Act 1992 or rules and orders made thereunder and the Customs Act 1962 if am information furnished m tins application is found to be wrong or incorrect or misleading (in) Am information furnished intheabove statement ifpro\ed incorrect or I also will render me/us liable for any penal action or other consequences as ma\ be prescribed in law or otherwise warranted (i\) I/We further declare that no export proceeds are outstanding bc\ ond the prescribed period as laid dow n bv the RBI or such extended period for w Inch RBI permission has been obtained

(v) I hereb\ ccrufs that lam authorised to \enfv and sign this declaration as per Paragraph 9 9 of thePolicv Place

Signature ol the Applicant • —- Date

Name in Block Letters —

Designation _ _ _ __ . _____—

Official Address

Residential Address — —

E Mail Address —

1079 GI/2O02—21B291

APPENDIX-15A

APPLICATION FORM FORG> -NT OF EXPORT LICENCE FOR EXPORT OF SPECIAL CHEMICALS,

ORGANISMS, MATERIALS, EQUIPMENTS AND TECHNOLOGIES (SCOMET) ITEMS MENTIONED AS

RESTRICTED FOR EXPORT IN APPENDIX-3 SCHEDULE 2 OF ITCfHS) CLASSIFICATIONS OF EXPORT

AND IMPORT ITEMS

Note: I Please read ihc general instructions given at Appendix 1 before filling this application.

2. Please .submit 5 copies of this application form.

FOR OFFICIAL USE

File No.. Dale:—

PART-I

1 Name and address of the Applicant

2 IEC Number

PART-II

(To be Tilled in lbrc\pon of Special Chemicals in Categories IB and ICof Appendix-^)

.1 (i) Item of export

(ii) Quantity applied for

(iii) FOB \aluc per unit

(iv) Total FOB Value

4 Details of the exports of category IB and 1C Items in preceding three licensing years

Licence no Ql\. & value

S.No

Year

Name of Uie Country to Name of the item

inUS$

and dale

end user

which

of the licence

exported

Ql\. & value in US $ of the item exported

|4|

|7|

Ml

PI

PI

M

.^ If applied for export on repeal basis in the

same licensing year for same product and end-use and to the same end-user, (lien following information may also be furnished

(i) Reference number and dale vide which

the earlici permission was granted b> (his office

(ii) li.xport licence number and dale

(iii) Quantity allowed for export

(iv) Quanlilv exported on the dale of Ihis

application

(>. Export Order No & date

(Attach copy) 2 V2

T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY

I P A R T I — S E C. II 7 Name and full address of the buyer

X Name and full address of the end user

9 Port of shipment

10 Destination of export

(i) Portot Discharge

'ii) Ultimate Destination

11 End piori'icl forwhich the item of export

will be used b\ the end user (attach end user certificate)

12 The purpose for which the end products ill

be utilised

H If application is for export of samples, lumish

the follow ing details

(i) Ceiling limit

(ii) How iiuich in excess of the ceiling limit

(ni) Justificalion for excess

PART-HI

(To be filled in for export of all oilier Caicgor> items of Appendix-3 except those co\ ercd b\ Part-11 above) 14 Category iiem number and item name as in

Schedule 2 Appendix "ioflTC(HS) Classifications of Export And Import items (Attach technical specification not exceeding one page for item, in the order in which these items have been listed)

1^ (i) Quanlih applied for

(ii)FOB\alucpcruni((US3i)

(iii) Total FOB \aluc(US $)

If) Importer's Purchase Order number

and dale (Attach cop\)

17 Is (he applicant the producer/ manufacturer of the item to be exported'¹ If not. name the producer/ manufacturer and provide full address, telephone No. etc

IK Details of Export Licences (EL) previously

applied for items under Schedule 2 Appendix 1 oriTC(HS) (US)Classifications of Export and Import items

SNo

Destination Countrv

Items exported &Q|> -Value

Dale of application

No, & date of export licence (sec Nolcbclou)

Date of shipment (attached B/L cop\)

I4|

15]

|2|

Ml

K'l

m

* State ""denied", ifthe licence was denied. A false statement will invite prosecution.
291
IV. Port of Shipment

(Delhi. Mumhai. Calcutta orChcnnai -

Identify only one Port)

20 Destination of Export (Country)

21. Name of the consignee, complete postal

address, telephone, fax etc

22 Citizenship of cons'mncc (if individiml)

21 Headquarters address of consignee, if

corporate office different from entry

a! (10)above.

24 (a) Location (country) of end-user

(b) End product and/or end- purpose for

which the exported item will be used by

the end user. (Attach end-use certificate

in the prescribed proforma)

(c) Name and complete address of ciia-uscr

(include telephone, fax Nos. etc)

(d) Is end-user an entity of Government of

destination country?

(e) Manufacturiug/Business/Othcr activity of

the cud user.

25. Through which banks will the financial

transactions relating to this export be

executed?

(a) In destination country

(provide fuM address)

(b) In India

2
Collaborators of the applicant

(as registered w illi GOI/RBI)

II none, stale None.

27. Period during which the item is

proposed to be exported from India.

2X II invalidation required

(a) Period of extension sought

(b) Reasons therefor

DECLARATION/ UNDERTAKING

I/Wesolenml) declare/undertake thai.—

(i) The particulars and the statements made in this application and attachments thereto arc tnie to the best of my/our knowledge and belief, and nothing has been concealed or withheld therefrom

(ii) If any information fumish'-d in (his application is found to be false, inaccurate, not current or misleading. an\ licence granted on the basis of this application shall be liable to cancellation or being made iiieffcclh e without prejudice to any olher action that may betaken in this bchalfundcr the Foreign Trade (Development and Regulation) Act. ll^'"2. or rules and orders made thereunder, and the Customs Act. ll*)2 294 THE GAZETTE OF INDIA EXTRAORDINARY

IPARI I—Sue II (iji) Any information furnished in Ihis application if pro\ cd incorrect, false, inaccurate, not current or misleading will render nie/us liable for any pcital action or other consequences as may be prescribed in law or otherwise warranted

(iv) I/We further declare that no export proceeds are Outstanding bc\ond the prescribed period as laid down In the RBI. or such extended period for which RBI permission has been obtained (v) I hereby certify that I am authorised to certify and Sign this declaration as per Paragraph 9.9 of the Polic\ (vi) I/We further undertake to submit to the DGFT (PC-Ill Section) a cop\ of the Bill of Entn into the destination State Party w ithin ?() days of delivery failing which 1/Wc shall be liable to action under the Foreign Trade (Development and Regulation) Act 1992. or Rules and Orders made thereunder and the Customs Acts. 1962.

Place:

Date:

Signature of the applicant __

Name in block letters

Designation

Official Address _ _ _ __

Residential

Address

E.Mail Address _ _ __ Note. Each page of this application should be signed individually by the Managing Director, or the Company Secretary ora Director of the firm. If signed by a Director of the firm, then that Director must be duly authorised to do so by the Board of Directors of the firm.

This Certificate is to be furnished by the exporters of Categories IB & 1C items of Appcndix-3

END USE CERTIFICATE

(To be furnished with reference to S. No. 11 of this Export Licence Application) We, (name of the end user), certify that we arc importing M.T of from (name and address of exporter) for the manufacture of (stale specific use)

We further certify that we will not use the above mentioned chemical for any purpose other than stated as above nor transfer or re-export the item to any other party/country for any other purpose

Place:

Signature of end-user with Stamp and Sea) Date:

Name

Designation.

Note; The exporter shall furnish a copy of confirmed export order indicating number and dale to the customs and DGFT at the time of actual shipment.

This Certificate is to be furnished by the exporters of all other category items (i^ jept categories 1B & 1C) of

Ap|K'ndix-3

END USE/END USERCERTIFICATE

|Read instructions at foot of pa^e|

1. I/We _ _ _ _ _ _ __ _. __ a/ hereby certify that we are the end-user of

b/ to be imported from _ _ _ _ _ _ ^_ _ _____ c/ against our for the manufacture of/used for ^ Purchase Order No. dated _ _. dA

OR295 The undersigned, hereby declares that I am duly authorised to certify that

a/arc (he end-users of the items detailed in their Purchase _ _ ^_ Order No. doted and arc importing the said items from c/for the manufacture of/used for _ ^ _ _ _ __ d/.

2. [/We further certify that the items detailed in Uic referenced Purchase Order will not be used for any purpose other than the purpose(s) slated in the Purchase Order, and that such use will not be changed nor the items modified or replicated without theprior consent e/ of the Government of India.

3. The end-user shall not himself, or through another, cause the items, or replicas, or derivatives thereof to be rc-transfcrred/sold without the knowledge/consent c/ of the Government of India, to any party within __ f/or outside it.

4. I/We also certify that all the facts contained in this certificate arc true and correct to the best of my knowledge and belief and that I/we do not know of any additional facts that arc inconsistent with this certificate.

Place:

— —

Date :

Signature of end-uscr/authorised signatory

of end-user with stamp and seal

Name • ^ _ __

Designation : __ __

Instructions:

a/ Name of end-user as at entry 24(c) of this Export Licence Application.

b/ Items entries as at SI. No. 14 of this Application.

c/ Name and address ofcxportcr in India.

d/ Name of the end product/end use,

e/ DGFT will stale the condition in export licence. Do not strike out.

f/ Destination country.

APPENDIX-17

APPLICATION FOR GRANT OF EXPORT HOUSE/TRADING HOUSE/STAR TRADING HOUSE/SUPERSTAR

TRADING HOUSE

Note:

1. Please see Paragraph 3.7.2 of the Policy and Paragraph 3.2 of this Handbook.

2. Please read the general instruction given at Appendix 1 before filling this application.

3 Please submit 2 copies of this application form.

FOR OFFICIAL USE

File No.:- — Dale:—— —

1. Name and address :

2. IEC Number

§ Application for

EH/TH/STH/SSTH

4. Branches (In India/Abroad):

S.No.

Name of the Place/Country

Code

|3J

PI

HI 2% THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. 11 5. Subsidiary Company

S.No.

Company Name

FOB value of exports

PI

P]

m

* Documentary evidence as per company law substantiating that the company whose exports arc taken into account is actually the applicant's subsidiary comp;my.

(). Details of Last three Export House/Trading House/ Star Trading House/Super Star Trading House Certificates issued earlier (if any).

S.No Certificate number and dii'.c Validity

From To

7, Statement of exports (licensing ycarwisc)

Licensing years FOB \:iliie ol'expons

DECLARATION

1. I/We hereby declare that this application is based on the export performance of the preceding three licensing years/preceding licensing year basis.

2 1/ We hereby declare that the FOB value of Exports of Products shown abo\ care our direct exports and also the direct exports of our subsidiary company and arc true and correct and are in accordance with the accounts maintained by me/us.

1. 1/ We further certify that I/We am/arc authorised to verify and sign the statement on behalf of the applicant.

4. I/We fully understand that any information furnished in the above statement, if proved incorrect orfalsc, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

5. 1/ We further declare that I/We has/have not applied nor obtained any recognition certificate as Export House/Trading House/ Star Trading House/Super Star Trading House from any other authority.

Signalure_

Name in Block lellcrs

Designation

Place

Full Official

Addrcss_ ^_

Offici;il

Date

Stamp/ Seal Full Residential Address

E.Mail No.
297
CERTIFir \TE OF CHARTERED ACCOUNTANT/COST AND V\ ORKS ACC OUNTANT/COMPANY SECRETARY

I/W c hercb\ confirm tlidt I/We ha\ e examined the prescribed registers and also the rclc^ ant records of V1/s and their subsidian compam nameh M/s for tlic licensing pcnod(s) and hercb\ certih thai

(D M/s and their subsidian compaivs namch M/s (full name and address of the applicant) ha\ e made tlie exports for each of the three preceding licensing \ ears/during the preceding licensing % ear as specified in the statement of exports at SI No 7

(n) The follow ing documents/ records ha\c been furnished b\ the applicant and lhcirabo\e mentioned subsidiary compam and lu\ cbeen examined and \ enfied b\ me/us nameh -

Export Order/Contract Shipping Bills Bill of Lading (and/or Airwa-ssBills/PP Receipts) Customs/Bank attested In\ oices Bank C crtificates of exports made in iheir own name and conncUcd books of accounts (m) The r e lu aril icgistei has been authenticated under nn /our seal/ signature

(i\) The financial information gn en in the abo-\ e statement is in agreement with Ihe rele\ant register and records the same has been incorporated m the books of accounts maintained b\ M/s and tlieir abo\ e mentioned subsidiaries md is also true and correct

(\) II has been ensured thai llic information furnished is true and correct in all respcel no part of it is talse or misleading and no rclc\ ant information has been concealed orw ithheld

(\u Neither I nor an\ ofm\ partners i^ i partnci directoi or an emplo\cc ol Uie abo\ e-naiued entit\ oi its issociatcd concerns

(MI) I/Wc lurthcrcertif\ that M/s has realised ^ " .. oi more of the export proceeds m respect of exports made b\ him in the preceding three licensing ^ ears (excluding the export made during last six months lrom lliedaleot filing of application) on the basis ol which recognition is being claimed

I/We h c r e^ ccrlif\ that the total \ alue ot outstanding export proceeds bc\ ond a period of <> months from the dale of export inadcb\ the applicant

(\iii) lAVcfulh understand that am statement made m this certificate ifpio\cdinconect or false will render me/ us liable to tacc am penal aclion or other consequences as in n be pi escribed in law or olhcrw lse warranted

Signatuie

Place

Registered

Official Dale

Stamp/Seal Regn No andD n e o f t he

(orporatc Membership

If an\ of the docunieiiis of record mentioned in item (n) ol (lie certificates ha\e not been maintained/ futiuslicd examined or \ c nl led lhc\ ma\ please be specified below -

1

2

1

Documents to be enclosed with theapplic ilionloim

1 Selfcerlilicdcop\ of\ahdRCMC

2 A certificate (rom Chartered Accountant/Cost and Works Accountant certih ing Uic export/import pcrlonn mec in the prescribed foi mat

Currenl residcnli.il address

CUITCIH official address

Phone No

Phone No

Fax No

Fax No

F-Mail address

F-Mail address

298 THE GAZETTE OF INDIA : EXTRAORDINARY

IPARI I—SEC. 11

APPENDIX-17-A

APPLICATION FOR GRANT OF SERVICE EXPORT HOUSE, INTERNATIONAL SERVICE EXPORT HOUSE,

INTERNATIONAL STAR SERVICE EXPORT HOUSE, INTERNATIONAL SUPER STAR SERVICE

EXPORT HOUSE

Note.

1 Please sec No(c-I ofparagraph 1.7.2 of the Policy and paragraph 12 of this Handbook

2 Plciisc read the general inMniclion given at Appendix 1 before filling this application.

T Please submit 2 copies ofthis application farm. ~ ~ — — —

FOR OFFICIAL USE

File No. — Date — —

1 Name and address

2, I E Code Number

•

i Application lor

.

SEH/ISEH/ISSEH/ISSEH

4 Branches (In India/Abroad^

. .. .

SNo Name of the Place/ Country Code

.i Statement of gross foreign exchange earning direct and indirect sources (Licensing year wise):

Gross foreign exchange Licensing \ ear

Category ol service provider

earnings (direct

Description of

services provided

and indirect sources)

(4)

(2)

(1)

0)

DECLARATION

I I/We hereby declare that this application is based on the foreign exchange earning direct and indirect of the preceding three licensing years/ preceding licensing year on gross foreign exchange.

2. I/We further certify that 1/ We am/ arc authorised to verify and sign the statement on behalf ofthc applicant.

T 1/ We fully iTnclcrsland that any information furnished in the above statement, ifproved incorrect or false, will render ine/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

4. I/We further declare that I/We has/ba\ c not applied nor obtained any recognition certificate as status holder from any other authority.

Signature:

Name in Block Letters:

Designation:

Place:

Date

Full Official Address:

Residential Address:

E.Mail address:

Ollicial

Stamp/ Seal299

CERTIFICATE OF CHARTERED ACCOUNTANT/COST AND WORKS ACCOUNTANT/

COMPANY SECRETARY

I/We hereby confirm that I/We have examined the prescribed registers and also the relevant records of M/s for the licensing period(s) .... and hereby certify that.

(i) M/s (full name and address of the applicant) have earned foreign-exchange earning direct and indirect sources each of the three preceding licensing years/during the preceding licensing year as specified in the statement of exports at Sl.No.7.

(ii) The following documents/records have been furnished by the applicant and their above mentioned subsidiary company and have been examined and verified by me/us namely. Bank Certificate of direct foreign exchange earning, FIRCs, certificate from international credit card companies etc. and C A certificate for the indirect sources.

(iii) The relevant register has been authenticated under my/our seal/signature.

(iv) The financial information given in the above statement is in agreement with the relevant register and records; the same has been incorporated in the books of accounts maintained by M/s andthctf above mentioned subsidiaries; and is also true and correct.

(v) It has been ensured that tlie information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld;

(vi) Neither I, nor any of my partners is a partner, director, or an employee of the above-named entity or its associated concerns;

(vii) I/we fully understand that any statement made in this certificate, if pro ved incorrect or false, will render me/ us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

Signature Place

Tel.No Date

Regn. No. and Date of the

Corporate Membership

Documents to be enclosed with the application form:

1. Self certified copy of (a) project approval or (b) classification approval of Department of Tourism or (c) Any other registration. However, for Hotels, RCMC from FTEO is acceptable.

2. A certificate from Chartered Accountant/Cost and Works Accountant certifying the export/import performance in the prescribed format.

3. Copy of the F1RC issued by the Bank in respect of foreign exchange received from service rendered. This would not be applicable to the Hotel Industry.

4. Copy of the balance sheet filed with Income Tax Authorities for the relevant year or CA certificate from the statutory authorities.

300 THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SKC 11

APPENDIX-18

REGISTERFORMAEVTENANCE OF CONSUMPTION AND STOCKS OF IMPORTED RAW MATERIALS/

COMPONENTS ETC BY THE ACTUAL USERS

NOTE: PLEASE SEE PARAGRAPH 4.30 and 9.7 OF THIS HANDBOOK

Receipt

Date s. No.

Particulars of imports

Description of items

Name and undress of authorised source if goods obtained from uny other source

RE No. and date of sale notice No Invoice No and date and Gr/RR No. and dute undur which goods transported trom the port of lading or place of receiving goods to the factory nite

Opening balance

Qty of fresh stock

received

[ 4]

[ 5]

17]

[ 2]

[ I]

l"l m

Consumption

Quantity

Issue

Closing balance

Remarks

Qty. diverted lo others in an authorised miinner

Qly. produced out of import raw material consumed

End products in which used. Batch No. also to be shown in the e&ie of pharmaceutical units

[10]

|12]

mi [91

MM

APPENDIX- 19

PROFORMA FORSEEKING CLARIFICATION^ ON EXPORT AND IMPORTPOLICY

NOTE: PLEASE SEE PARAGRAPH 2.3 OF THE POLICY AND PARAGRAPH 9.6 OF THIS HANDBOOK FOR OFFICIAL USE

File No.:—-—— — Date:— —— —

1. Name and address of the applicant seeking

clarification.

•

2. IEC code number

:

3. Brief subject of clarification

:
301
4 Source (\\ luche\ cr is applicable)

(a) EXlMPohc\ paragraph(s)

(b) Handbook(Vol 1) paragraph(s)

(c) ITC(HS)-Iniport

ITCCodc Prodi icl

(d) 1TC(HS)-E\port

IfCCodc Pioduct

(c) Others

5 Current pnn ISIOII

f' Clarification sought

Place

Signature of the Applicant

Date

Name _^

Designation

OITici.il Addicss

I elc No

Residential Address

1 elc No

F -Mail Address

APPENDIX -20

PROFORMAFORSUBM1SSION OF GRIEVANCE REPRESENTATION

NOTE PLEASE SEE PARAGRAPH ') 9 OF THIS H \NDBOOK.

FOROFFICIALUSb

File No

Hale

1 Naiucol the Applicant

2 Address

"5 Giie\ancc pertains to Details uva\ be mentioned (use additional sheets il (Please lick)

required)

EPCG Scheme

Dul\ E\ciuplion/Rciuission Scheme

Diamond Gem & icwellcn & |c\\cller\ Scheme

Espon Licence

Import Licence

Am other matter 302 THE GAZETTE OF INDIA : EXTRAORDINARY

[PART 1—SEC. 11 4. Particulars of file/ correspondence RefNo./datc :

orDGFT or its regional office, if any.

5 Whether the Gricy Mice Committee of the Y e s [] No [ ]

concerned regional licensing office has been approached if so, furnish particulars/ decision, if any. taken by such a Committee. :

6 Any other remarks

:

Signature

Name in Block Letters:

Designation

Telephone:

E-Mail address

Fax. :

APPENDIX-21

FORM FOR BANK GUARANTEE

To.

The President of India, Acting through the Director. General of Foreign Trade

(full expanded name of the Importer/Exporter yy ith

(Rupees only). We . _ __ (indicate In consideration of the President of India, acting through the Director General of Forcjgn Trade (which expression shall be deemed to include the Joint Director General of Foreign Trade/Deputy Director General of Foreign Trade), or am other licensing authority for the time being authorised to perform the duties of Joint Director General of Foreign Trade/ Deputy Director General of Foreign Trade, Ministry' of Commerce. Government of India. New Delhi (hereinafter referred to as the Government) having agreed to grant to complete address) (hereinafter referred to as Importer/Exporter) a licence being licence No dt. (hereinafter referred to as Licence for the import of the goods mentioned therein) for a value of Rs (Rupees _____ only) under the Scheme (fill up the actual Scheme) notified b\ the Government under the Export/Import Policy and Procedure (2002-07) as may be amended from time to lime (hereinafter referred to as scheme) on the terms and conditions specified in the said licence which term inter alia stipulates production of a Bank guarantee for Rs. Ihc name and full address and other particulars of the Bank) (hereinafter referred to as Bank) at the request of the Importer/ Exporter do hereby unconditionally and irrevocably undertake to pay the Go\ eminent an amount not exceeding Rs against am loss or damage caused to or suffered by the Go\ eminent by reason of any failure on Ihc part of the said Importer/ Exportcrof any of the terms or conditions contained in the said licence including the export obligation mentioned therein.

2. We _ __ _ _ _ __ (indicate the name of Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur or protest, merely on a demand from the Government staling that the amount claimed is due by yva> of loss or damage caused or suffered by the Go\ eminent b\ reason of breach by the Importer/Exporter of any of the terms or conditions of the said licence Any such demand made on the Bank shall be conclusive as regards Ihc amount due and payable by the Bank under these presents

1. We undertake to pay to the Government any moncj so demanded notwithstanding any dispute or disputes raised by the Importer/Exporter in any suit or proceeding pending before any court or Tribunal relating thereto and our liability under these presents being absolute and unequivpcal

4. We (indicate the name of Bank) further agree thai the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said licence and that it shall continue to be enforceable till all the obligations >;f ihc Importer/Exporter under or b> yirtucofthe said Licence have been fully discharged to the satisfaction ofthc Governn.cii¹ or till Jt DGFT/Dy .DGFT. or any Licensing authority for the time being authorised to perform thcdulies of Jl.DGFI/Dy DGFT, Ministry ofComincrcc. Ncyv Delhi303 certifies thai (lie terms and condilions of the said Licence have been fully and properly carried out by the Importer/Exporter and accordingly discharges this guarantee. Pro\ ided. however, unless a demand or claim under this guarantee is made on . We shall be discharged from all liability under this guarantee thereafter. us in writing onorbclbrclhe

5. We

(indicate the name of bank), further agree with the Government that the Government shall have the lullcsi liberty without our consent and without affecting in any manner our obligations hercundcr (i) to vary any of the terms and condilions ol' the said Licence and modify the said scheme from time to time: or(ii) to extend lime of performance by the said Importer/Exporter from time to time or to postpone for any time; or(iii) from lime to time any oflhe powers exercisablc by the Government against the said Importer/Exporter and to forbear or enforce any of (he terms and condilions relating to the said Licence and we shall not be relieved from our liability by reason of any such variation, or extension being granted to flic said Importer/Exporter for-any forbearance, act or omission on the part of ihcGov eminent or any indulgence by the Government to (lie said Licensee or by any such mallei or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

That this shall be a continuing Bank Guarantee and shall not be discharged by any change in the constitution of the importer/exporter or of the Bank

That the guarantor will not revoke the guarantee without prior wrillcn consent of the Government. Dated the day of _> ear __ for

(indicate the name of the Bank)".

APPENDIX-21A

KORM OF LEGAL AGREEMENT/UNDERTAKING

To

The President of India acting through the Director General of Foreign Trade (which expression shall be deemed to include ihe Joint Director General of Foreign Trade/Deputy Director General of Foreign Trade) Ministry of Commerce. Udyog Bhavan. New Delhi -110 011.

This DEED of Agreement made on __dav of month year.

BETWEEN

___ _Cull expanded name of the Importer/Exporter with complete address) hereinafter referred to as the party which expression shall be deemed to include his/her heirs, successors, administrators and assignee, if the firm is Sole Propreilory firm/jointly and severely all the Partners through their legal heirs, successors, administrators, and .Jiiyi.k.-!¹ .is well as the portions where body corporate or not having the control of the affairs of the said firm, if it is Partnership firm/siiccjs^r > in business and assignee iffirm is limited company.

AND

The President o.' india (hcrcinal -" r.-rcrrcd to as the Government which expression shall include his successors in office and assigns)

WHEREAS the party has made an application bearing Reference No. dated for a licence fora value of Rs. for import under the _ _ _ _ __ Scheme (fill up the actual Scheme) (hereinafter referred to as'Scheme') notified by the Government under the Export and Import Policy. 2002—07 as amended from time to time with an Export Obligation of Rs.

.

AND WHEREAS the Government may grant a licence to the party for Uic full value applied for or for a lesser value as it may be deemed fit and as per the terms and conditions of the Scheme.

AND WHEREAS one of the terms of the Licence, which may be issued as above, is that the party is to enter into mi agreement/undertaking with the Government on the terms and conditions appearing hereinafter.

AND WHEREAS the party has furnished a Legal Agreement in anticipation of the Government issuing import licence as abjvc for an amount of the export obligation imposable as per the Scheme.

AND WHEREAS the party has agreed to perform the export obligation for the quantity and or to the extent of FOB value shown in the aforesaid application or as may be fixed by the Government in the Licence/Sanction/ Approval within the stipulated period by exporting the goods as required under the licence which may be issued.

304 THE GAZETTE OF INDJA . EXTRAORDINARY

[PART]—Sti. 11 AND WHEREAS ihc partv has agreed :

(a) to perform the export obligations for the quantity and or FOB value within the period specified in the aforesaid Schcme/Licence/Sanction/ Approval¹.

(b) to fulfill ;ill the conditions of Scheme under which the Licence/Sanction/Approval may be issued;

(c) to fulfill all the terms and conditions of the licence/sanction which may be issued.

(d) to fulfil Ihe conditions subject to which the goods may be cleared by the Customs authorities including conditions imposed under the relevant Customs notification pertaining to the Scheme, (e) to send a "Statement of Exports' to die Licensing Authority in original, on a inondily/quarterly/half- yearly basis, within 15 days from the end of the period".

(f) to furnish from a Nationalised/Scheduled bank, in original, a Park certificate of exports evidencinj', the exports/deemed exports of goods made in fulfilment of the cxpqrtobiigation(s) and such other documents as may be demanded by the licensing authorities as evidence for the exports/deemed exports made, (g) that in the event of his default in meeting the aforesaid obligations/conditions, he shall pay an amount equal to 15% interest per annum on the amount of duty saved from the date of import of the first consignment till the date of payment;

(h) that the Government may modify the Scheme from time to time.

NOW, THEREFORE THE CONDITIONS OF THE AGREEMENT ARE AS FOLLOWS:

In anticipation of granting the said Licence by tlie Government as aforesaid, the party hereby declare(s) and agree(s):

CO That the party shall comply with all the obligations under the aforesaid Scheme specified by the Government and the conditions Specified in the Licence/Sanction/Approval to be issued for import/ export and other conditions specified herein above.

(ii) That if the party fails to fulfil the whole or part of the obligations under the Scheme, including the terms and conditions stipulated in the Licence/Sanction/Approval/Scheme or fails to furnish any information required under the Foreign Trade (Development & Regulation) Acr. 1992, or the Orders made thereunder or the Rules framed thereurider, on the written demand made by the Government of the amount, in whole or part, (he party shall forthwith without any demur or protest, pay to the Government the sum demanded.

(iii) That notwithstanding any right Government may have directly against the party in any form and notwithstanding any dispute raised by the party in any form, the Government's written demand to the party shall be final and binding.

(iv) That this Agreement shall continue and shall not be discharged by any change in the constitution of the party.

(v) That in the event of the non-fulfillnicni of export obligations mentioned in the licence as aforesaid, the party shall on the instructions of the Government hand over the unutilised imported goods to any agency as the Government may nominate, for disposal in any manner. The amount so recovered by sale shall be deposited with the Government towards the fulfillment of export obligations/conditions, after deducting the normal commissions and other expenses incurred by the said agency. The decision of the agency as to the said amount shall be final and binding on the party. The Bank Guarantee/bond executed with the Customs authorities, in such an event, shall also be forfeited.

(vi) The party undertakes to pay simultaneously a sum equivalent to the value of the import Licence/ Sanction/Approval orto the extent of the value of ihc imported goods against the said Licence/Sanction/ Approval, whichever is higher, by way of liquidated damages to the Government. The decision of the Government shall be final and binding on the party.

(vii) That this Agreement is executed by the party in public interest.
105
(viii) That the payment of the amount demanded by the government under this Agreement shall noi affect the liability of Ihc party to any other action, including ihc initiation of legal proceedings for confiscation of the imported material and refusal of further licences, and all other liabilities, penalties and consequences under the provisions of the Foreign Trade (Development and Regulation) Act, 1992, and the Orders and Rules made thereunder, that may be decided by the Government.

(ix) That this Agreement shall remain in full force until all the obligations of the party arc fulfilled to the full and final satisfaction of the Government as specified above and till such satisfaction is communicated lo the parly

(x) That the party irrevocably undertakes that in the event of his default in meeting the aforesaid export obligations/conditions, they shall pay the applicable Customs Duties, 15% interest per annum on the amount of customs duties saved from the date of import of the first consignment till the dale of payment and surrender wherever applicable valid Special Import Licences lo meel Ihc shortfall in the export obligations as may be imposed on the liccncc/sanction/schcine In addition to the aforesaid the party shall also abide by the conditions imposed by the relevant Customs notification forthc Scheme.

(xi) That the party irrevocably undertakes that in the event of his default in meeting the aforesaid export obligation/conditions, they shall execute a Bank Guarantee for an amount as required by the Government. (xii) Nothing in this Agreement shall debar ihe Government from modifying the said Scheme from time to lime and/or from implementing #in,Vu;:SHch' modified Scheme as if it is in force at the date of this Agreement

IN WITNESS WHEREOF tlie party hereto has duly executed this Agreement on ihis _day of year signed, sealed and delivered by die part)¹ in the presence of:

(Signature)

.

(full and expanded description of the party w ith residential address)

Witness: __

(Signature)

1. Name

Residential ___

Address _ ^ ^ __

2. Name

Residential ____

Address

(To be authenticated/affirmed by 1st Class Magistrate/Notan Public)

Accepted by me on behalf of the President of India.

(

)

Asstt. DGFT/ Foreign Trade Ds\ clopment Officer NOTE FOR GUIDANCE IN THEMATTER OF EXECUTING BANK GUARANTEE (B.G. VLEGAL AGREEMENT (LUT) 1. The Bank Guarantee /Legal Agreement is to be executed and signed by ihc importer/exporter (party) and the surety Bank (Guarantor) on a non-judicial stamp paper of the minimum value of Rs. 15/-or am amount as may be prescribed by the concerned State Government under the Indian Stamp Act. 1899 or State Act. as the case may be.

2. Airy stamp duly payable on the B.G./LUT or any document executed thereunder shall be borne b^ the party 1079 GI/2002—22A 306 THE GAZETTE OF INDIA EXTRAORDINARY

IPARI I—St.:. 11 1 If the party is a sole proprietary firm, the Bond/Legal Agreement shall be executed by the Sole Proprietor of the firm, along with his permanent ;uid complete residential address

"In such a case the expression importer/Exporter' or "Parts' used in Hie opening paragraph of the Legal Agreement should include his/her heirs, successors, administrators and assignee" 4 If the party is a partnership Finn, the B.G./l.UT shall be executed in the name of the partnership firm, through the partners to be specified, or the Managing partner, if so specified in the Partnership Deed, along with (he- address of the partner/Managing Partner, and the place where the Registered Office of the partnership firm is situated.

"In that case, the expression "Importer/Exporter" or "Party" used in the opening paragraph of the Legal Agreement should include joinl 1> and severely all the partners, through respective legal heirs. successors, administrators and assignee as \\ ell as the portions where body corporate or not having the control of the affairs of the said Finn"

?. Iflhcpartv is a Limited Company, the B,G /LUT shall be executed In the Managing Director or two Directors of the Company, along with the seal ol the Company and also specifying the address of the Registered Office of the Company.

Alternative!) the B.G./LUT shall be executed b> a senior executive of Ihe Company ofthcnuik of General Manager and one oltlic Directors of the Company who have been authorised by the board of Directors for this purpose, along with the seal of the Company and also specifying the address of the Company.

In such cases H G /L.I IT shall be countersigned by the Company Secretary

"In that case, the expression "Imponer/T xparter" or "Party" used in opening paragraph of the Legal Agreement should include its successors in business and assignee".

() Each page of the Bond/Legal Agreement is lo be signed.

7 fhe importer/exporter shall also gi\e a separate declaration alongwilh BG/LUTlo the effect that in the event of any change in the Customs Duly based on which the BCi/LUT is executed for clearance of the imported goods he shall execute supplementary BG/LUT for the remaining value at the lime ol clearance of last consignment, failing which he shall be liable lo such action as is considered proper In the licensing/customs authority,

APPENDIX-22

BANKCERTIHCATEOF EXPORT AND REALISATION

NOTE: PLEASE SEE CHAPTER 4 AND SOFTHE POLICY AND CHAP IVR 4 -XNDSOF THIS HANDBOOK.

FORM NO. I

To

(Name and address ol" Licensing Authority) We (Name ;ind address ol ihe Exporters) hereby declare thai we have forwarded a documentary export Bill to

(Name and address olthe bank i.c . Branch and City) foi collection/ negotiaiion/pui';i'..-se as per particulars given hcrcunder

Invoice Export promotion Description of

Destination o!" goods

Billofl.ading/PP

BillambuniCIF/CdtF/ copy of Shipping goods as given Receipt/ Aim ays Bill Counliy name

FOB (In foreign Bill du!v authen- in the customs

c.xch;uige ticated In Ihe authenticated

Customs

Shipping Hill

No Date

No.

Dale

No Dale

\2\

|4|

|7|

III

!<>l

1079 GI/2002—22B
307
Commission/ Discount paid/ payable

Whether the export is in freeh convertible currency or in In'dian Rupees

Freight amount as per Bill of hiding/ Freignt inemc

Insurance amount as per insurance Company's ) bill/Receipt

(12)

(13)

(ID

FOB value/

/ actually

(7RI/PP/ SDFform No.

No. date & category of applicable licence

Date oT realisation of export proceeds

realised in free Foreign Exchange/Rupees

(14)

(17)

(15)

(16)

We further declare that the aforesaid particulars are correct (Copies of invoices relevant to these exports and Customs attested EP. Copy ot relevant Shipping Bill is attached for verification by the bank).

Place .

Official Seal/stamp

Signature of the

exporter

Name in block letters

Designation

Full official address

Full Residential address

BACK'S CERT1FICA J"E

Authorised Foreign Exchange DunL-r

Code No. allotted lotli? FrSankln RB!

Ret No

Dale

.

Place

1 This is lo ccrlif\ thai we have \ crified lherele\ani Export In\ oices. Customs at tested E P. Copy of the Sluprjn >' Bill and other relevant documents of M/s We lurther certify thai !ln particulars given in Cols. 1 lo 17 ha\e been verified and found lo be correct. We ha\e also verified the I'/¹ '• value mcnlioned in Col 14 above with reference to follow ing documents —

(i) Bill of Lading/PP rcceipL/Airwav s Bill (ii) Insurance policy/Covcr/lnsuranccReceipt.

2 We have also verified that the date of the connected mate receipt as indicated in the relevant Shippinr, '"''!;

is

(date to be given).

1 We have also verified thai the date of Export is .

(Applicable only in respect of Exports by air) 4 This is lo ccrtily thai we hn\c certified the amount of the Commission paid/pa\ able, as declared above, by the exporter / c

(in figures and words with G R Forms and found to be corrcci).

(Signature of the Bankers) Full address of the Bankers Branch and Cit>

Official Skimp.

1 08

I H l: G A Z E T TE OF I N D IA • E X T R A O R D I N A RY

[ P A R TI —S E C, 1] Note: I B;mk can issue ;i consolidated certificate (consignmcnt-vvisc) for more than one consignment.

2. FOB actually realised ;iud date of realisation ol export proceeds are lo be given in all cases except where consignment lias been sent against conformed irrevocable letter of credit.

~\ This shall be required whereverspecifically prescribed in the Policy/procedure.

APPENDIX -22-A

BANK CERTIFICATE OF PAYMENTS FOR DOMESTIC SUPPLIES

NOTE. Pl.kASE SEE CHAPTER 4 5 ANDSOFTHE POLICY AND CHAPTER 4, 5 AND8OFTHE PROCEDURE.

To

(Name and address of Licensing Authority), (Name and address of the domestic supplier) hereby declare that we have received We payment through banking channel in respect of supplies given hcrcundcr.

Invoice

Details of payment/advance

payment received

Date of issue of this certificate Description of goods as given in the invoice

Amount

FOR value

Date

Date

No.

Cheque/DD

No/* Bank

Rcf. No

(4)

(2)

(5)

(7)

(8) (1)

(6)

0)

* The Bank Reference Number would be applicable for documents routed through bank & payments released through banking channels.

We further declare that the aforesaid particulars arc correct

Signature of the

domestic supplier

Name in block letters

Place

Designation

Full official address

Ollidal Seal/stamp

Full Residential address ,

BANK'S CERTIFICATE

This is to Lcrlil\ lhal we have received the amount mentioned in column 7 against invoice mentioned in column I al)o\ c

(Signature of the Hankers)

l u ll addicss til" the Hankers

Hrjincli .mil Til}

Official Stamp

APPENDIX -23

FORMAT OF CERTIFICATE OF CHARTERED ACCOUNTANT/COST AND WORKS ACCOUNTANT I/We hercb\ confirm lhal I/We have examined the prescribed registers and also the relevant records of M/s

for the period and hereby certify that:

(i) M/s _ ^^ (full name and address of the applicant) have made the following e\ports in the preceding three licensing years:

Year Export product FOB value i ( )V (ii) The following documents/ records lui\ c l*:cn rurnished b\ ihe ;ippliL;uil and ha\ e been examined and \crificdb\ me/us namely —

Export order/Contract, shipping bills. Bill of Lading (and/or Airwa\s Bills Receipts) Customs/ Bank attested Invoices, Bank Certificates of exports show ing exports made and export proceeds realised in freely com ertible cnnene\ in their own name and connected hooks of accounts (iii) The r c^ ant registers have been authenticated under im/our seal/signature.

(iv) The financial information gi\en in llic abo\c statement is in agreement with the rcle\ ant register and records: ihc same has been incorporated in ihe books ofuccounls maintained b> the exporter.

and is also true and correct.

(v) It has been ensured tlial the information furnished is imc and correct in all respect, no part ot it is false or misleading and no relevant information has been concealed or \\ ithheld.

(vi) Neither I. nor any of my partners/director is a partner, director, or an employee of the abo\ c-named entity or its associated concerns.

(vii) I/We fully understand thai any statement made in this certificate, if proved incorrect or false, will render me/us liablcforany penal or oilier consequences as may be prescribed in law or otherwise warranted

(Signature and Stamp/Seal of the Signatory)

(Chartered Accountant/Cost & Wqrks Accountant

Name ofthc Signatory;

Place:

Full Address

Date:

Membership No.

If ;uiy of the documents or record mentioned in item (ii) of the certificate have not been maintained/furnished, examined or verified, they may please be specified below -

1.

2

3

Note: Wherever CA certificate has been specified in any paragraph of tin; Policy/Handbook (Vol. 1), C A/Cost and Work Accountant Certificate may be furnished by the applicant as per the I'erforma given above

APPENDIX-23 A

FORMAT OF CERTIFICATE OF CHARTERED ACCOUNTANT/COST AN D WORKS ACCOUNTANT FOR

SERVICE PROVIDERS

I/We hereby confirm that I/Wc have examined the prescribed registers and also the relevant records of M/s.__

for the period and hereby certify (fiat:

M/s _ _ _ _ __ (full name and address of the applicant) have earned the following foreign exchange from direct and indirect sources in the pi escribed licensing year:

The following documents/records have been furnished by the applicant for services provided against Direct/ Indirect foreign exchange and have been examined and verified by nic/us.

In respect of direct foreign exchange earnings, we have verified the certified stal ements from the Banker/ Chartered Accountant of Foreign Exchange Earnings. In respect of indirect forcx earnings duly certified by Chartered Accountani such as amount received from Travel agents/Tour Operators, .Foreign Airlines for slay of Crew and Catering, UN organizations and Diplomatic Missions and Encashment Ccrtificalc from authorized dealers and others in Icrms of DGFT Policy circularno.60/97-2002 dated 24.12.1998.

1. The financial information given in the above statement is in agreement with Ihe relevant register and records, the same has been incorporated in the books of accounts maintained by the Service provider: and is also true and correct.

110 THE GAZETTE OF INDIA : EXTRAORDINARY

[PARI I—Sir. 11 2. It has been ensured that the information furnished is true ;md correct in all respect, no purl of il is false or misleadingand no relevant information has been concealed or withheld;

1 Neither 1, nor any of my partners/director is a partner, director, or an employee of the above-named entity or its associated concerns:

4. I/We fully understand (hat any statement made in this certificate, if proved incorrect or false, will render me/ us liable for any penal or other consequences as may be prescribed in law or otherwise warranlcd.

'Signature and Slainp/Seal ot the Signatory)

(Chartered Ai.coiiiila;ii r'ost & Works Accountant)

Name of the Signatory Place'

Address

Dale

Membership No.

APPENDIX 24

LIST OF LICENSING AUTHORITIES \NP \U\'.\R JURISDICTION

Nainc& Address

S No.

1 erritorial Jurisdiction

Telegraphic/Tel/Tlx/'

Fa.\ No /E-mail

(4)

(1)

0)

(2)

HEADQUARTER

Throughout India

1 Director General of Foreign Trade

CHIEF CONIMPKX

UdyogBha\an. New Delhi.

rel'011^01177"⁷ "n.\l)l.^N'(>771 F;L\-011-301177') OlMOlHuri E-mail dull nwb Delhi, uic in

Regional Licensing Authorities

NortlicrnZonc

2. The Joint Director General of Foreign Trade. Central Licensing Area, B K. Ro\ Court. 6-7. Asaf Ali Road. New Delhi-110002

CONIMPEXTRA NEW DELHI Tel. 011-32349^5 3231644 TlvO31-MX94 Fa\011-32342()5.

-Delhi. -Haryana. districts of (i) Faridabad (ii) Gurgaon -Uttar Pradesh, districts of nanieK. Meenit. (iii) Gha/iabad (iv) Bulandshahar (\) H;ird\\ ar

Rajaslhan

X Joint Director General of Foreign Trade. UdvogBhavan. Ill Floor. TilakMarg. Jsjpur-5

CONIMPEXTRA

JAIPUR

Tel:0141-38(^04

Fa\:O141-38OdO4

4.

Punjab excluding the districts of Amritsarand RoopNagar(Ropar)

CONIMPEXTRA

LUDH1ANA

Tel 0161401754

Fa\: 0161-401754

The Joint Director General of Foreign Trade. (>-IV-C. Green Field. Near Sliakti Nagiir Chow k. Lndliiana.
311 (1) (4) (3) ' 5
The Joint Director General of Foreign Trade. 117/L/444, Kakadeo, Kanpnr-208025

6. The Joint Director General of Foreign Trade. B-38/1-A-2, Tulsipur, Melunoorganj Varanasi.(UP),

Uttar Pradesh excluding those areas which are under the jurisdiction of Jt. Director Genera t of Foreign Trade (CLA), New Dellii, Varanasi, Moradabad and Panipat

CONIMPEXTRA KANPUR Tel; 0512-241344 0512-240352 051-2-240802 TTx: 0325-261 F;L\: 0512-544344 E-Mail- dgftkan (a\ knp.nic.in

CONIMPEXTRA

VARANAS1

Tel: 0542-362957

361907

7. The Joint Direclor General of Foreign Trade. 110-111, Parvasnalli Plaza. Majliola, Delhi road, Momdabad-244103 8.

Districts of Varanasi, Mirzapur, Ghaz^nr, Azaingarh, Ballia, Deoria, Goral;hpur, Ra<;n, Jaunpur, Soncbhadra, Mau and Sidharthanagar.

Districts of Bijnaur, Moradabad. Rampur and Jyotiba Pliuley Ni'v.ar in UP and Uttranchal excluding Haridwar

CONIMPEXTRA MORADABAD Tel: 0591-488221487447 E-mail: jdgftmbd(H>rnbd.nic. in

Amritsar District.

CONIMPEXTRA

•\MR 1TSAR

Tel- 0183-213879

The Joint Director General of Foreign Trade. The M.ill, C.B.R Building. Ainnlsar- 14^ 001.

<;.

CONIMPEXTRA

CHANDIGARH

Tel- 0172-602314

The Joint Director General of Foreign Trade. Seclor-35. D S.C O 2K8. Chandigarh- Id()()21

10

Himachal Pradesh and Union Territory of Chandigarh as w tl ,is district of Roop Nagar (Ropar)and Panchkula

CONTMPEXTRA

PAr-'lPAT

Tel: 01742-50984

Tlie Joint Director General of Foreign Trade. 4lo-l.. Model Town. Panipal (Haryajw)

n

Haiyana excluding Districts nf (i) Faridabad (n) Gurgaon arid (iii) Panchkula Districts of Uttar Pradesh (i) Saharanpur (ii) Muzaffaniagar

CONIMPEXTRA

SRfNAGAR

The Joint Director General ol Foreign Trade. Air Cargo Complex Shcnvani Road. Srinagar Western Zone

12. The Joint Director General

of Foreign Trade. Central Govl. Offices. New Building. S.E Wing. New Marine Lines. Chiirchgalc, Muinbai-400 020.

Janunu & Kasluiur Note:-During winter a camp office will function at 24/C, Gandhi Nagar, Jainmu. Tel: 0191-535834 Fax:0191-535834

CONIMPEXTRA BOMBAY Tel. 022-2016421 Tlx: 01185604 JCCI IN Fax -022-2063438

Maharashtra excluding the area which arc under the Jurisdiction of Joint Director General of Foreign Trade. Punc(ii) Daman, (iii) Dadra and Nagar Havcli 312 THE GAZETTE OF INDIA : EXTRAORDINARY PARTI-^SEC. 1] (2)

(1)

13. The Joint Director General of Foreign Trade, 'A' Block, 1 lth Floor, Govt. Multistoreycd Building, Lai Darwaja, Ahmcdabad- 380001.

(3)

(4)

Gujarat State excluding the areas which are under the jurisdiction of JLDGFT Rajkot, Baroda, Suratand Development Commissioner KFTZ.

CONIMPEXTRA

AHEMEDABAD

Tel: 0272-5504921

Tlx: 0121-6042

JCQIN

Fax:0272-5506949

14. The Joint Director General of Foreign Trade, C Block, PMT commercial complex P.B.No. 1623, Pune411042 Shankarseth road, Swargate Pune411037

15

CONIMPEXTRA PUNE Tel/Fax: 020-4441577 Tel. 020 4442783 Tel. 0204449598, 020545143 EMail: jdgft(ft!mah.nic.in

Districts of Maharashtra (i) Pune, (ii) Ahmed Nagar, (iii) Jalna (iv) Beed (v) Kolhapur, (vi) Latur, (vii) Nanded, (viii) Osmanabad, (ix) Prabhani, (x) Ratnagiri, (xi) Sangll, (xii) Satara, (xiii) Solapur,(xiv) Sidhudurg (xv) Nashik

FAX; 0265-428789

TEL: 0265-429368

Tlie Joint Director General of Foreign Trade, KuberBhawan, 9th Floor, E-Block, Room No.901 & 902, Kothi Compound, Baroda-390001.

16.

Districts of Gujarat (i)Vadodara, (ii)Khcda, (iii)Panchmahal (iv) Broach

Madhya Pradesh and Chhattisgarh CONIMPEXTRA BHOPAL Tel: 0755-553303 553323

The Joint Direclor General of Foreign Trade, Office Building A'. 3rd Floor. Guru Teg Bahadur Commercial Complex. T.T. Nagar. Bliopal-462 003.

17.

Goa.

CONIMPEXTRA

PANJ1M

Tel: 0832-224968

The D>. Director General of Foreign Trade. Ashirv\ad Building 18lh June Road. Santa Inpz, P:mjim-403 001(GOA).

IK. The Joint Director General of Foreign Trade. Desai Building Kavi Nanalai Marg. Bhupindr.i Road. Rajkot-360 001.

Tlie Distria of Gujarat (i) Saurashtra (excluding Kulch) (ii) Diu in tlie Union Territor>; of Daman and Diu CONIMPEXTRA RAJKOT Tel: 0281-27530 E-Mail: dgdrajitt'guj 1 .guj.nic.in

CONIMPEXTRA

19 The Joint Director General of Foreign Trade. SURAT634-63f> Belgium Tower Ring Road Sural-395 003

EaNtern Zone

20. Tlic Joint director General of Foreign Trade. 4. Esplanade East. Kolkala - 700 069.

Districts of Gujarat (i)Surat. (ii) Valsad and (iii) Dangs

West Bengal. Sikkiin. Tripura and Union Territorj' of Andaman and Nicobar CONIMPEXTRA KOLKATA Tel 033-2486426 2487025 Fax-033-2485892

21.

Orissa.

CONIMPEXTRA

CUTTACK

Tel-0671-6115%

The Joint Director General of Foreign Trade. Maitri Vihar. Link Road. Cullack - 753 01.2.
313
(3) (1)

(2)

The Joint Director General

GAUHATI

of Foreign Tnidc. R.B. Bamah Road, (4)

Assam,Aranachal Pradesh,

CONnMPEXTRA

Nagaland and Manipur.

Tel: 0361-562583

Gm\aliati-7X|O24

23 The Joint Director General

of Foreign Trade. Biscoinann Bhavvan.

PATNA (Ground Floor). Pain a -800(M) 1 Bihar and Jharkhand

CONIMPEXTRA

Tel: 0612-231326

0612-212052

24 Tlie D\ Director General

Meghalaya, and

CONIMPEXTRA

Mizorain.

SH1LLONG

DI Foreign 1 rude. Morollo

Tel: 0364-223360

Building. Shilloug.

Meghalava-79OOOI.

Southern Zone

2^ The Joint Dirccior General

CHENNAI

ol" Foreign Trade. 38.^39,

Fiw 0364-223360

Tamil Nadu except the areas

CONIMPEXTRA

which arc under the jurisdiction of (i)Jt.DGFTMadurai,

Tel: 044-8523357

Whiles Road. Ro\apcllah.

(ii)Jt.DGFTCoimbatore

O44-K523367

Cheunai-600014.

Tlx:O4K)858.

E-mail No.

2d The loinl Direclor General

(iii) Jt.DGFT Pondicherry.

Fax:044-8523529

/.jdgfltoacc ch.tn.nic.in

acctoacc-ch.Ui.nic.in

Karnataka.

CONIMPEXTRA

BANGALORE

of Foreign Trade. C & F. Wing, fith Floor. Kcndriya Sadan.

7lli Main. Road II Block,

E-Mail Knrainangala. 2nd Block

Bangalore %0
27. The loinl Dirccior General

Tcl:O80-5537213,14,15

Fax:080-5537214

No.bngdgriifl'ker nic in

(i)K:rala(ii) Union

CONIMPEXTRA

Tcrri oryofLakshadwccp.

ERNAKULAM

of Foreign Trade. 11 No WXf>2-A.

Chiltoor Road. (Opp lo SRVLP S c h o o l ). E m a k u l a m . C o c h in - 1 1.

E-Mail 28. TheJoinl Director General ol Foreign Trade. Kendriya Sadan. 1 Floor, V Block. Sultan Ba/;ir. Hyderabad-S<)() |')5

2l) The Joint Director General of

Tel 04X4-370760

F;LN.0484-37()7W)

PRO-04K4-351397

NcdgflcJiiK^kcr nic.in

Andhra Pradesh excluding the

areas in the, jurisdiction of

Jl.DGFT Visakhapatnam

CONIMPEXTRA HYDERABAD Tel: 040-4651598 FAX: 040 4651598

Districts of Tamil Nadu

CONIMPEXTRA

(i) Coimbatorc,

COIMBATORE

Foreign Trade. India Life Building (Annex). Firsl Floor,Trichy Road.

Counhatorc-()4I (tIK

(ii) Nilgiris.

Tel-(H22-3(M)X4f)

(iii) Pcriyar

FAX O422-^(K)84()

(iv) SaJein

(s) kanir

(vi) NAMAKKAL

CONIMPEXTRA

MADURAI

The loinl Director General ol Foicign Trade. Plol No l". k.imarajar. Isl Mam.

II Cross Road, k k Nauar.

Madurai-()25 02()

Tel • 0452414X5

FAX.045241485

Districlsof (i) Madurai. (ii)Ouidi MillcUi, (iii)Ramnad (iv) Pasum Pon ThcvcrThininiaganar. Ncllai Kaltabomman. Chidambanuiur and Kanyakumari.

m THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(1)

U The Joint Director General of Foreign Trade. 205, Rharalhi Sired. Post Box No. 14. Pondicherry - f>05 001.

|.Putil— Si- II

(4)

CUNIMPEXTRA PONDICHERRY Tcl.O4n-3f)"?ll-

"if i2 1 f 1

32 The Joint Director General olT'oreign Trade. Door No.4Vj-]f>6. First Floor T S N. Colom. Visakhapa1namo30 0K>(AP)

Export Pi'ocessinKZrf>ru.\s/Sp(.Ti:il Economic Zone* Development Commissioner/ .It Development Commissioner/ Deputy Development Commissioner/ Assll, Development Commissioner 34 Development Commissioner/ ,11.Development Commissioner/ DcpiiU Development Commissioner/ Asslt. Development Commissioner Ciiuidliidham- Kutcli

M Dc\ clopment Coimnissioncr/ J( Development Commissioner/ Deputy Developmcnl Commissioner/ Assti Development Commissioner 36. Development Commissioner/ Jt.Devclopment Commissioner/ Deputy Development Commissioner/ Asstt. Development Commissioner Kakkanad. Cochin -682030

37. Development Commissioner/ Jt. Development Commissioner/ Deputy Developmcnl Commissioner/ Assll. Development Commissioner 38 The Development / Jt. Development / Deputy Development / Assistant Development Commissioner. Noida Export Processing Zone. Noida Dadri Road. Phase II. Noida Dislrict, Gautam BudhNagar-201305 (U.P)

39 The Development/Joint Development/ Deputy Development/Assistant Development Commissioner. Falta Export Processing Zone, 2nd MSO Building. Room No. 4, Nizam Place. 234/4, AJC Bose Road, Kolkaia

UnionTeriHor\ of Pondiclicm Karaikal Malic > anam and Dislricts ofRamasMann Pada\aii;hi\ar and Souih Arcot of 1 amil Nadu CONIMPEXTRA V1SAKHAPATNAM •lel.0Xl)14714()

Distridsol A.PSrikakulam. (ID Vi/.ianagaram. (iii) Yisakhapatiiam. (i\ ) East Goda\ ;ui (\ ii) West Goda\ari

Units situated in Santa Cm/ SEZ and appro\ cd EOLs located in Maharashtra. Cioa. Daman and Diu. Dadra and Nagar Ha\ eli

Andlicri (East) Mumbai-400096 SEEPROZONE MUMBA1 l-a.v<)22-X29nX5 E-mail¹ desccp/r/bom 5 \ snl.net in

Kutcli district of Gujarat Units situated in Kandla and Surat SEZs and approved EOUs located m Gujarat

KAFTZ GANDHIDHAM FaxNo.02836-52250 E-mail: kafi/'o uilnctonlinc.net

Units situated in Madras Export Processing Zone and appro\ ed EOUs located m Tamil Nadu. Andaman it Nicobar Islands. Union Territory of Pondielicm. excluding Malic and Yanani National Highway 45. Tambaram, Chennai-fi(K)045 MEPZCHENNAI Fax No< 144-23682 IK E-mail, mcp/'f/vsnl coin, mep/ a md5-vsnl.net in

Units situated in Cochin SIIZ and appro\cd EOUs located in Kerala. Kamaiaka. Lakshadweep and Mahe

i

CEPZONE ERNAKULAM F;LX;04H4-42253() E-mail dcccp//flind2.vsnl net.ii

Units situated in Visakhapalnam Export Processing Zone and appro\rcd EOUs located in Andhra Pradesh and Yanam.

Duvvada. Vis;jJdiapauiain-53O04r) VEPZ VISAKHAPATNAM Fax:0"91oX7352 E-mail vcpzWap.nic.ui

LIVWELLNEWDELFU Fax:l'M5f,2314 Fax'y 1-4567276 E-Mail: daiepz ioinda.vsnl.nel.in

Units situated in Noida Export Processing Zone ;md ]00%EOU"s situated in Delhi, (. 'itrir Pradesh, Uttaranchal, Punjab Haryana, Himachal Pradesh. Jammu & Kashmir. Rajasthan, Madhya Pradesh. Chaltisgarh and Chandigarh.

FEPZ KOLKATA Tl\: 0215292 FEPZIN Fax:033-2477923

Units situated in Falta Export Processing Zone and 10()%EOU's situated in West Bengal, Orissa, Bihar. Jharkhand, Msajn, Tripura, Manipur, Meglialaya, Nagaland. Mizoram and Sikkiin.
315
APPEMDIX-25

JURISDICTION OF LICENSING AUTHORITY AND LIST OF NOMINATED AGENCIES FORTHE PURPOSE OF

GEM AM) JEWELLERY EXPORT PROMOTION SCHEMES

L IS I OF LICENSING AUTHORITIES AND THEIR JURISDICTION

(i) h D ( J FT, Mumbai

Dislricfs /'ailing under (he jurisdiction of Jl.DGFT. Mumbai. Pune and Jl.DGFT Bliopal and Goa as given in Appcndi\-24 (ii) Jl DGFT. Kolkala

Dislricis lulling under Ihc jurisdiction of •" DGFT. Kolkata and Jt.DGI⁷T,Gu\viiluiti. Palna and Shillong as gi\ en in Appcndix-24 dii) Jl DGFT, Chemiai

Districts falling under Hie jurisdiction of Jl DGFT, Chcnnai and Jl.DGFT Coiinbatorc. and Pondiclicrn'as given in Appendi\-24 as well as Union Teniton' ofLaksliadweqi.

i!\ i Ji p r i m e¹! A> I>,H:<

Districts falling under the jurisdiction of Jt. DGFT, (CLA) New Dellii. Kaiipur. Liidhiana. Moradabad and Jl DGFT. Ainrilsar Chandigarh. Panipal ajid Srinagaras given in Appendix-24.

i\ i I;. DGFT Jaipiu

Districts falling under Uic jurisdiction of Jl DGFT. Jaipur as gi\en in Appendi.\-24

t\i) Jl DGFI". Bangaloiu

Districts Tailing under the jurisdiction of Jl DGFT. Bangalore as given in Appendi\-24.

(\ii) K DGFf. Cochin

Districts falling under the jurisdiction of Jt.DGFT. Cochin as gi\ en in Appcndix-24 except Union Territory ofLakshadweep.

(\iiu h DGFI' Ahniedabad

Districts falling under Uie jurisdiction of Jt. DGFT. Alunedibad and Jt DGFT. Baroda. Rajkot. as well as Development Commissioner. KFTZ as given in Appcndix-24

(L$ Jt. DGKf. H\deral>ad

Districts falling under the jurisdiction of. It. DGFT. Hyderabad and Jl.DGFT. Visakhapatnam as given in Appendix-24.

(,$ Jl DO FT, Sunit

District falling under 1 he jurisdiction of Jt DGFT Stint ;is given in Appendix-24

(xi) JLDGFT. Ciittick

District failing under die jurisdiction of Jl.DGFT. Cuttnck as given in Appendix -24.

USTOFNOMINATED AGENCIES

A. LIST OF BRANCHES OF HANDICRAFTS AND HANDLOOMS EXPORT CORPORATION.

CO 1 l-A, Rouse Avenue Lane.

(iv) Chandra Kiran Building

10-A. Kasturba Road. Bangalore-560 010

LokKalyanBhavan NewDeIhi-110(X)2.

(v) Sudarslum Building..

(ii) HHEC of India Limited

Kolkatta.

16/A. Whites Road. Madras.

(vi) HHEC of India Limited

(iii) 11th Floor, Nirmal

Koclu".

(^i) HHEC of India Limited.

Building Nariman Point Mumbai-400021.

Jaipur.

I^ THE GAZETTE OF INDIA: EXTRAORDINARY

IPAKI I—SEC. ]1

B. LIST OF BRANCHES OF STATE BANK OF INDIA.

(i) The Dy. General Manager.

State Bank of India Overseas Branch. World Trade Centre. Cuffe Parade. Mumbai-400005 Tele. .2189161/2184328 FAX: 2188714/2188343 (iii) The Dy.Genenil Manager. State Bank of India. Overseas Branch, 33-A. Jawaharlal Nehru Road. Chatlerj^ee International Centre. Kolkata-700 071 Tele: 29(1252/292557 FAX • 294847

(v) The D\. General Manager. Stale Bank of India. Overseas Branch. W.RjijajiSalai. Chcnnai-MXiOOl. Tele. 510192/510468 FAX 51497i

(vii) Tlic Dy. General Manager. Slate Bank oflndia. O\crseas Branch. Vijava Building. 17. Barakhamba Road. New Dclhi-110001 Tele: 331008 V3711576 FAX 3711579

Cii) The Asslt. General Manager.

State Bank o ('India. Jaipur Branch Sanganiri Gate. Jaipur-302001 Tel: 561163 FAX .0141-564597

(iv) The Dy. General Manager, State Bank oflndia Overseas Branch, 87, "ALMAS CENTRE" M.G. Road, BangaIore-560001 Tele: 5588408/5586401 FAX: 5588348

(vi) TheAsst-Gencral Manager,

State Bank oflndia, Overseas Branch, Indira Gandhi Road, Willingdon Island Kochi-682(X)3 Tele: 667047/668638 FAX: 667014

C. LIST OF BRANCHES OF MMTC

(i) Dy. General Manager.

8-10. Flailed Faclon Complex, Rani Jhansi Road. New Delhi-110 055. Tel • 7523950:7523952 Fav 7771369

(iii) Dy. General Manager.

NEPZ.SDF-1. Noida Dadri Road. NO1DA-201305 Tel. (.2009; (,7047 Fax ()2

(\) Senior Manager.

2137. Munshi Shopping Centre. Ramganj Ba/ar. Jaipur-302006 Tel. 47754 Fax: (>09858

(ii) General Manager,

2. Nagingdas Chambers, Usmanpura, Aslmun Road, Ahmedabad- 380014 Tel: 65657%; 6569548 Fax:6423739

(iv) Dy General Maiwger, Colco Building, Swanlanlra Patli, Vasco-Da-G"una-403802 GOA. Tel 3054,3847 Fax:3285

(vi) General Manager.

Chcnnai House. 7, Esplanade Chcnnai-600001. Tel 5341113; 5340058 Fax:5340559317 (vii) General Manager.

Maker Bliavvan No. 11. 19.SirVithalDas. Thackercsay Marg. Murnbai-400020. Tel: 2017853 Fax:2017193

(viii) General Manager. BWSSB Building. 4th Floor. CBAB Complex. Cauv ery Bhavan. Kempcgowda Road, Bangalorc-56()(X)9. Tel: 2215927; 2211647 Fax: 2272043

(ix) Sr. Manager.

(x) General Manager,

7th Floor.Budha Bhavanam -, Boat Club. Secundrabad-5(>()003 Tel: 831340 Fax:831143

Gems & Jewellery Complex No 1 SEEPZTM1DC. Andheri (East) Mumbai-400096 Tel: 8377768 Fax: 8366861

(xi) General Manager.

(xii) General Manager.

MMTC Bhavanam, Port Area, Visakhapatnam-530 035 Tel: 562771; 562 909 Fax: 561761

Ruby House.4th, 5th Floors, Post Box No 478. 8. India Exchange Place. Kolkata-700 001 Tel: 2429312.2427109 Fax:2421292

D. BRANCHES OF INDIAN TRADE PROMOTION ORGANISATION

(i) Bank of Barodn Building.

(ii) "Shantiniketan",

16. Parliament Street,

NcwDellii-11()(K)1.

Flat No. 9,4th Floor, 8, Camac Street, Kolkata-7(K)OI7.

(iii) Air India Building.

Ktli Floor. Narim.in Point,

Mumbai-4OUO21.

E. BANKS AUTHORISED BY RBI FOR IMPORT AMD SUPPLY OF GOLD TO EXPORTERS.

(i) Slate Bunk of India

(ii) ABN AMRO Bank

(iii) Allahabad Bank

(iv) Bank of India

(v) Bank of Nova Scotia

(vi) CaiiaraBank

(vii) Indian Overseas Bunk

(viii) Corporation Bank

(L\) Oriental Bank of Commerce

(x) BankofBaroda

(xi) Punjab and Sind Bank

(xii) Syndicate Bank

(xiii) Dena Bank "<1X THE GAZETTE OF INDIA-EXTRAORDINARY

IPAKII SM II APPENDIX -2(,

REPLENISHMENT FOR GEM & JEWEIXERY

SNO. liXPORT PRODUCT

¹ Polished .Processed Pearls

(Real or Cultured).

REPLENIS-

IMPORT ITl:M

HMENT

RATE

('MAGE

OF FOB)

65

1 Real or Cultured Pearls Unset/ Undrillrd Cut & Polished F.nicrnlds/ Rubies/ Sapphires (with per carat realisation of US$ 350 and uplo US$ 600 FOB).

22 Cut & Polished

precious stones and semi-precious (i)

stones including cut and polished semi-precious stones from tumbled/ broken/ sliced/damaged rough semi- precious stones, not covered by S.No. 2.1 o d c s s l h an US$350 per earai FOB

Cut & Polished Coral

(ii)

1. Emeralds Uncut ;;nd Unset

m

2. Rubies Uncut and Unset

3. Sapphires Uncut and Unsei

4. Precious stones unset includini.'iu umibk'd/ broken/ sliced/ damaged form

60

1. Precious or semi-precious stones unset & uncut 2. Rough semi-precious stones in tumbled/ broken/ sliced/ damaged form

65

1. Coral unprepared, or coral sticks not cut in any shape or si/.e

(iii) Cut & Polished precious stones (when per carat FOB is more

IhanUSS f.OO)

2."! C u t -t Polished Oiiy.s

"", Jewellery containing palladium and studded/ strung with diamonds.

Precious or semi-precious stones, real or cultured pearls, synthetic/ imitation stones provided Ihc value of synthetic/imitation stones docs not exceed 10% of the FOB value of Jewellery excluding the

value of metal.

Cut or Polished synthetic stones 4.

5.1 Imitation Jewellery/ costume jewellery¹ studded or strung with synthetic imitation stones/ plastic beads, wooden beads, glass beads, false pearls, glass chalons etc. 1. Emeralds Uncut and Unset

2. Rubies Uncut and Unset

3 Sapphires Uncut and Unset

4 Precious stones unset including in tumbled/ broken/ sliced/ da ma ged form

50

1 Sliced Onyx.

(.5

1 Diamonds Uncut and 50 Unset

2 Precious or Semi-precious stones uncut and unset

3 Real or Cultured Pearls unset/ undrillcd 4 Rough Semi-precious stones in tumbled/ broken/ sliced/ damaged form

5 Empty Jewellery Boxes (1 %)

1 Rough synthetic stones

50

2 cubic zirconia

10

1 Glass beads, false pearls
2 Rough synthetic stones

3 Metal fittings, findings, components

1 (J0 ↩

5 Empty Jewellery Boxes (1 'Mi) •, I')

ID

1 Mcuil filling. Inidini'-i i.iiiiip,ineiil> (V -\2 Imitation Jewellers/ cuslimic

accessories required fur nuiiahon ]• w jllei\ lewcllen pliiin (oilier lli;ni I hose

2 l,mpi\ jewelien lioxesi 1 "ni

specified under S \'o ^ 1)

ID

1 Metai Fillings

/i "i Sil\ er Filigree and Sih cr

2 Fmpl> Icwcllen Roses 11 "ni

Filigree.! ewcllcp.

1. Glass Beads False pearls it i i l a^ .li.il my >4 Jewellen madcol palladium and

glass clunons in stock lois

studded v\ iih s\ iitliclic/ imiuitioii

1 RoiiL'h s\ ntlidie stones

glass. Money chaions beads

2 CubiL Zrrconia

false pearls, etc with or w ithoui

i Lmpt\ jeweller} Bo.xes (1 "n>

diamonds, prctious sloucs

semi-piecious stones re;il;'

cultured pearls

Note¹ Gencnil Necklaces strung or llireaded. with cut and polished precious/seinipreuous sione.s'polishcd and proeessed pearls will also fall under respecin e entries of this Appendix and replenishment allow edaei.ordingl\ provided the \ alncof mcta' fillings, nainels clips, clasps, pin,', hooks etc is negligible aiKhsuch \alucis e\eludcd

NolclbrS No ^ "1) SluddctL'Slning Jewellers containing S\nlliclic or Imitation stones exceeding l()"uorilie\alue of Jcwellcn e.seluding the \alue ol metal, in addition to Ihe Diamonds, precious or semi-precious stones and/or Feails are excluded from the scope of"(.his Export Product.

(2) Precious Metal lewcilen as described under Col. 2 will be co\ crcd under Sl.No.3 pro\rided the value ol precious- melal i.e. Palladium isnolle:,stliuii7(i% of total \alue of metal used therein or studded jew el Icn. containing in w hole or in purl, melal otlier lluui Palladium and studded/strung with diamonds, pearls, prcuuiis/scini-prccioiis stones will also be grouped under SI.No ? rorthcpuipose of import rcpleuishnient. pro\ided (he vulue of the .studdings/stringinKS amount to W% or above of the total FOE3 value

C) For the puqooscs of determining the FOB value of the studdijigs in jewellery, namely, the value of cut and polished diamonds and/or precious and semi-precious stones and/or finished pearls as per the declaration of the exporter duly scrutinised arid appraised by customs will be taken into account.

(4) Replenishment of diamonds uncut and unset precious/semi-precious stones, uncut & unset real or cultured pearls, unsct/iindrilled shall be allowed in proportion to the FOB value content of diamonds, iincul and unset, precious or semi-precious stones unset and uncut and real or cultured pearls unsel/undrillcd respectively used, as contained in the exported product, as declared by the exporter and duly attested by the customs in the invoice. No interchangeability of the aforesaid studding materials iiilcr-se .shall be allowed.

Note for SI.No 4 Production of customs attested invoices is not required for claiming Replenishment

(1) Onh jewellery made of metals oUicr than precious metals referred to in'SI. No. 4 will be covered by this entry. In oihcrvvords, only jewellery made of base metal like aluminium, copper, brass etc. and studdcd/slning with synthetic/imitation stones/plastic beads, wooden beads, etc. would fall under this SI. No. Base metal imitation jewellery studded/strung with semi-precious stones will also fall under this SI.No.

(2) Production of customs attested invoices is not required while claiming replenishment.

(3) Cufflinks (including brass cufflinks) studded with synthetic/imitation stones, decorated cufflinks and gold plated cufflinks will also fall under this SI.No.

Note for SI.No. 5.1(1) Jhumka. Rings, Finger rings, belts, necklaces, Ghungroos etc. made of base metals such as Aluminium and "Gillet" will also fall under this S.No. Brass cufflinks other than those covered by Sl.No, 5.1 will also fall undenhis S.No.

(2) Production of customs attested invoices is not required while claiming replenishment.

Note for Sl.No.5.4 (1) The price oi palladium will be excluded from the FOB value while calculating replenishment.

(2) This Sl.No. will also cover articles studded with synthetic imitation glass stones, chaton beads, false pearls with orwiiiijut diamonds, precious stones, semi-precious stones, real/cultured pearls.

320 THE GAZETTE OF INDIA: EXTRAORDIM ARY

[PARI 1—SEC. 11

APPENDIX 26A

REPLENISHMENT SCALE FOR GEM REP LICENCE

Please see paragraph 4.4.14 of the Policy and paragraph 8.58 of this Handbook.

S.No. Gem Replenishment Scale

(a). Cut and polished Emeralds/ Rubies/ Sapphires (i)

in Jewellery valued upto US$ 350 per caral fob.

b). Cut and polished Emeralds/ Rubies/Sapphires in Jewellery valued above USS 350 per carat fob.

(ii) All varieties of semi-precious stones and synthetic stones

Pearls

(iii)

Plain Gold/Sih cr Jewellery and articles (iv)

Plain platinum jewel Icry and articles

(v)

% Age of Entitlement on remaining FOB Value of Exports

60% for uncul and unset Emeralds Rubies/Sapphires 80% for uncut and unset Emeralds Rubies/Sapphires 50% on fob value of such stones

60% on fob value of such pearls.

50°/,.

50%

NOTE For diamonds and precious stones, entitlement ma> be arrived at separately on the basis of overall average of per carat realisation. For scmi-prccious/synthclic stones and pearls, the entitlement may be worked out on an individual basis. The total will be the value of the Gem Replenishment Licence.

APPENDIX-27

LIST OF EXPORT PROMOTION COUNCILS/COMMODITY BOARD

Address of the Regd office of the

Council s. No

Name of the Export Promotion Council

2

3 1

1. Agricultural and Processed Food Products Export Dc\clopmcnt Authority (APEDA)

3 Siri Institutional Area August Kraut i Marj>. New Delhi 110 Oh. Tel: (011)651 3204 (011)(>514572 (011)653 41X6 Fax-(011) (1534870 TKS2061FEDAIN Grains: APEDA •> Apparel Export Promotion Council

15NBCCTowcr BhikajiCama Place New Delhi 110 060

Tcl:(Oll)OI83351 (011)616 9394 (011)616 9356 (011)010 9357 Fax: (011)018X584 TL\: 031 72190/72442 Address of the Regional office(s) of the council

4 -

12thFloor,UnitNo.l MVIRDC.Cuffc Parade World Trade Centre Mumbai 400 (X)5 Tel: (022) 218 3106 (022)218 9060 Fax-(022) 218 9(,81 Tlx-83737 APED IN

12/1/1 Palace Cross Road Bangalore 500 020 Tel (080) 334 3425 Fay (080) 3364500 MautkhBluman. Bidhan Nagar Kolkalta 70O091 Tel: (033) 374 244 Tlx: 0212222

4ih Floor Sain og Building 58 Nehru Place Nev, Delhi 110019

Tel-(011)0416709 (011)647 2533 Fas: (011)0487517321 3 4 1 2 48 Community Centre Narainalndl. Area Phase I, New Delhi 110028 Tel: (011)5790185 (011)5790187 (011)579 8326 (011)579 5.309 Fax:(011)5790701 (011)579 5309

Tlx- 031 76247 AEPC IN

6 Community Centre

Zciinnidpur

Ncw Delhi 110 048

Tel: (011)6460491

(011)6460492

(011)6218387

(011)621 6963

Fax. 011-648 0489

Tlx: 031 71191 AEPC IN

CFO 3
Nehru Place.

Jaipur 302 015

Rajasthnn

Tele: 518275

518276

F;L\: 518654

G 138 Shilstri Nngar

Jodhpur342OO3

Tel-0291376 52

Fax. 0291-376 52

0291-238015

Hal No 112. Ground Floor

Pnilup Coloin. Model Grain

Uidhiana(Punjab)

Tel: OK) 1402697

0161207234

Fax: 0161-402697

I2lh Floor. Bajaj Bhavaji

NarimaJi Poinl

Mimibai4(M)02l

Tel (022)2845479

(022)204 5924

(022)2040174

(022)285 1420

(022)285 3419

Fax: (022)204 3178

Room No. 73-76.

Cargo Complex Building

(Ground floor) Sahar Village

Villc-Paile(Eisl).

Mumbai 400 099

Tel (022)832 1327

Fax: (022)821 3411

1079 GI/2002—23A 322 THE GAZETTE OF INDIA • EXTRAORDINARY

| PART I—Stc 1]1 2 3 4 Kammuthu Centre. Illrd Floor. 498 Anna Salai. Chennai-600035

Tel-(044)4343588 (41 603 Tamil Nadu

Tcl.(0421)743 049 ((W21)748 763 (0421)749 631 Fa\-(0421) 749630

lstHoor, 5-10-19. Ritz Hotel Road. Saifabad. (NearHaga Bhaw;m/Police- control Room). Hyderabad

Tele-210372 Fax:210378

42/1924. Vivail Building. K K dinanabhaii Road, Kochi-682 018 Tele: (0484) 391 710 Fax. (0484)392 907

2/2-B HO CHI M1NH S;irani. Kolkata-700 071 Tel(O33)242 3911 Fax:(033)2422766

3 Basic Chemicals, Pharmaceuticals & Cosmetics Export Promotion Council

Kankaria Estate. 9th Floor. 6 Little Russell St., Kolkata-700 071 Tel: (033)2475562 TLx()21-5917BCPCIN

Gnuns:CHEMEXCTL

Jhansi Casilc, 4th Floor. 7, Cooperage Road. MumbaMOO 039 Tel-(022) 202 1288 (022)2021330, (022)2825861. Fax: (022) 202 6684 Tk:011-84047BCPClN Grams- CHEMEXCIL

No 23/1 & 2 5th Main Road. 3rd Cross. Gandhinagar, Bangalore-560009

Tel-No (080)2269037 (080)226 0446

Tl\ 0845 8430 BCPC IN Grams- CHEMEXCIL

1079 GI/20C121 1 2 4 4. The Cashew Export

PB. No. 1709 Promotion Council

Chitoor Road.

of India

Ernakulam South.

Cochin-68201(>

Tel: (04X4) .361 459

(04X4):369 0X0

(04X4) 153 157

Fax. (04X4) 170 973

Tlx. (08X5)6677 CEPC IN

Gnuns: PROMOTION 5. Carpel Export

1I0-A/1 Krishna Nagar.

Promotion Council

(GaliNo.5)

Safdarjung Enclave,

New Delhi-110 02V

Tel (011)0102742

(OI1)()U)IO24

Fax: 91 1 If) 16 5299

Gnuns CARPCIL NEW DELHI Chemicals & Allied

World Trade Centre" Products Export

2nd lloor.

Promotion Council

14/ I-B.lvra Street,

Rolkala-7(K)001

Tel (022)225X216

(022)25X217/19

(022)25 7079

h"a\ 91-33-2255070

Tlx 02I-436X

Gnuns. CAPRXII, 1 st Floor, Kaleen

Bhawan, Maryadpatti, Bhadohi-221401

(U.P.)

Tel: 05414 259 75

Grams. CARPCIL

BHADOHI

Western Region

Conn ncrcc Centre,

Block No.D. 17,

Tardco Road,

Miimbai-4<><>()34

Tel: (022)494 3410

(022)49600X4

Fa\: 91-22-493 7665

Tlx: 011-75I'M

Grams. CAPEX1L

Southern Region

"Rashccd Mansion"

40X Anna Salai,

Chcnnai-600006

Tel. (044)X29231O

("(W4)X294713

Fax: 9M4-X2953X6

Gnniis.CAH.iXll,

Northern Region

"Vandajia Building. 4C 4lhnoor. I I. Tolstoy Matg.

Newl)elhi-IIO(K)|

Tel. (011)^5 6701

(011)3711479

(011)17522X2

Fax. 9I-M-11I44X6

(.•.Mail capcNilnir/'bol.ncl.in Eastern Region

"Tobacco House"

1 it 2 Old Court House Comer.

kolkala-700 (KM 324 THE GAZUITH OF INDIA . hXTRAORDINARY

|P u< i [ —Si.. 111 2 1 4 Tel. (011)2207C2O

Fax 'Jl-11 220(,945

TLY021-4!OX -

Gr.un? CAPEXIL

7. Coffee Board

1. Dr. AmbcdkarVeedhi.

Bangalorc-500 001

Tl.x.0845 K2H1

Fax 080 226 5557

8. Coir Board

8 Annexe Ruildinu.

Cunninghaiu Road

Bajigalorc-5()OO52

Coir House. M.G Road. Emukulum South. Kochi-6H201t,

Tcl.(O8O)2'>'K51N

Tel: (0484)^1 7SS

Gitun.COIRRGION

(0484)151 807

(0484)151 VM

(04X4)154 19"

Fax: 04X4 17. i 014

Tlv0885fill. •

9

GnunsCOIRIJOAKl) Engineering.¹ Contra,

5tli Floor

The Cotton Textiles Export Promotion Council

9. Mathcw Road.

CcL.il ("01111 2(i \1aliaka\ i Bhusluiii Marg (NearRegal ('menial Mujnbai-4i)001^

"IJ IO22I2O2 147⁷

""LI.M'9 40912.1
325 2 1 4
Jayantlu'JInd Floor

4S-AS.SMoortliy Street Tuticorin 628002 (T.N.)

Tel: 245 87 TLx: 0434-323 TCIL IN

Export Documentation Centre Building Wellington Island Cochin North End 682 003

Tel: (0484) 666 521 TlxC/o 885 6802

2nd Floor, 593 Cross Cut Road, Gandhipuram Coimbatore641012

Tel: 235 587 Tlx 855-640 SIMA IN

Air Cargo Complex Sanganer Airport Jaipur302011

Tel: 0141 550020 Tlx:C/o 0363-232 FASH IN

10/293 Bungalow Road Congress Bhavan Ichalkaranji416 115 Disl.Kolhapur

Tel: 22193

'MawirComplex 20 Palmiiappa Street Erode 638 009

Tel: C/o 77 901 TL\:8502219

Air Cargo Complex International Airport Authority of India

NcarMumbai Airport Saliar Village Miunbai4(K)O57 Tel-(022) 832 4094

10.

PHD House. 3rd Floor Ramakrislina Dalmin Wing Opp Asiad Village New Delhi 110016

Electronics and Computer Software Export Promotion Council (ESC)

Tel- (011)696 5 103 (011)6% 446.1 Fax: (011)6510612 (011)685 3412 E-Mail¹ cscwgiasdiOl \ sul.net.in 32(. THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. II3 1 2 4 Centre 1, 12th Floor 11 Engineering World Trade Centre 1st Floor Export Promotion World Trade Centre

14/1B Ezra Street

Council

Cuffe Parade

Kolkata700 00l

Mumbai4OOOO5

Tel:(022) 218 6655

Tel:(O33)25O514

(022)218 6656

(033)254631

(022)2186f>()0

Fax:(X)91033 254659

Fa\:(X)91-22-21801 ly

TL\: 11X3037

Grains:OCEANBORNE

Surya KJran (4tli Floor)

19 Kasturba Gandlii Marg

NcvvDcllullO(X)l

Tcl:(011)331417l

(011)3314174

Fav(X)9| 113317795

Tlx: 3161669

Gnmis: ENEXPROM

Maalavika Centre

3rd Floor.

144/145 Kodambakkam

HiRhRoad

Madras 600 034

Tcl:(044)X2775()l

(044)8276007

((U4)X26 4972

Fax:(X)9144827(U91

Tl.\:418293

Gnuns: OCEANBORNE

World Trade Centre No. 1.

PHD House. 3rd Floor.

federal iotvof

12

Illh Floor,

Opp. Asian Games Village

Indian Export

CulTc Parade

New Delhi HOOK.

Organisations

Miimbiii 400 (X).S

(KIEO) ;

Tel: (022) 2IX 5093

Tel: (011)6X51310

(022)2181354

(011)6X5 1312

Fax. 9122 218 3X75

(011)6X5 1314

TtxOl 1 KM 24F1EOIN

(011)685 HIS

011X29K4FIEOIN

Fax:91 11680 30X7

Gr.uiis:FlEOWEST

(>967X59

Tlx: 03173194

E-Mail: rico\vr("!giasbin 01.vsnl.net in

Gnuns: APEXLINK

E-Mail. fieodclir/ificodel

Spencer Pla/;i

ficodcl cmc

nci in

ficowgiasdlOl.

\snl. net.in

Unit No 706, 7lh Floor 76l) Anna Salai Chcnnai6(K"0()2

Tel. (044>X52 2427

(044) X52 1X61

Fa\:9144X52 4767

Tlx: (U18692

Grams APEXLINK

E-Mail. licosnr/'giasmd

01.vsnl.net in327 1 3 4 2 Express Tower. 6th Floor 42A Shakespeare Sarani (Junction of Rawdon St. and Shakespeare Sarani) Kolkata700 071

Tel: (033)2406 398. (033)2405076

Fax: 91033 2470364 Tlx: 0217440

E-Mail: ficoenSgems. vsnl.net, in

1?. The Gem & Jewellery Export Promotion Council

Diamond Plaza 5th floor 391-ADr.D.B.Marg Mumbai4(X)(K)4

F-3 Jhandelwalan Flatted Factories Complex Rani Jhansi Road New Delhi 110055

Tel: (022) 385 6916 (022)3821806 (022)382 1801

Tel: (011)3515395 (011)3614197 Fax:(011)3675274

Fax:(022)3868752 E-mail: gjepcffi'vsnl.com

Rajasthan Chamber Bhavan. M.I.Road. Jaipur-302 003

Tel: 0141 565731 0141568029 Fax: 0141567921 E.Mail: gjepccjpfjpl.DOT.net.in

626-628. Belgium Towers 6th Floor, Ring Road. Surat395OOl Tel: 0261 435 (K)8 Ankurplaza. 3rd floor, 52. G.N.Chctty Road, T.Nagar Chennai 600017 Tel: 044-8276188 044-8226686

c-niail: gjepcsr(8>vsnl.com Unit No. IF. 1st floor, 4. Ho Chi Minh Sarani Kolkala 700071 Tel: 033-2823630 033-2823629

E-mail: gjepcer(?7>vsiil.com

14. Export Promotion Council for Handicrafts

Plot No. 1, Pocket 6 and 7 Sector-C, LSC, Vasant Kuiij, Delhi 110070 Tel: (011)613 5256-58 Fax:91-11-613 5518-19 TLx:O31-72315EPCHlN Grams:CRAFTCIL E-Mail: epchfavsnl.com 128 THE GAZETTE OF INDIA EXTRAORDINARY

[PARI I—Stc. 111 3 2 4 ThcHandloom 15 14 Cathedral Garden 1004, 10"' floor, Padma Tower-1 Export Promotion Road. Nunganibakkam 5, Rajendra Place, Council

Chcnnai 600 034

NewDemi-ll(K)08

Tcl:(OU)582fi%5

Tel-(044)827X879

Fax(Oll) 5826966

(044)8276043

Tlv316f)6 70

Fax.0091 (044)827 1761

E-mai 1 :hcpcrondto \ snl. com.

E-mail hepccatpt/vsnl com

15-A, Mama Paramananda Marj!

Opera House

Munibai-400004 Telefax lM-22-3672921 F.Miiail.hcp cromutomantraonlinc.com K)

62 Mittal Chamber'!

16 National Park

The Indian Silk

6th Floor

Lajpat Nagar IV

H\port Promotion

Nariman Point

New Delhi 110024

Council

Mumbai4(K)021

Tel (022)2027662

Tel (011)6216272

Fax. (011)643 0685

(022)202 5X66

Tl\ O3I7O17S

Fav(022)2X7460o

Hniail No iscpor/
"Leather Centre"

Council for

17

51,RajaMulhiahRoad

Learner Exports

1V2IX Civil Lines PO Box No 198 Kanpur 20X001

Chcnnai 600 003

Tel (044) 5X9 OW

(
(044)5X0X11

Tcl.(O512)3H247 (0512)11X051 Fax (0512)111247 Gram LR> PORT

Fax (044) ^8 7 H

(044)^X70X1

tinuns LEXPROC1L

Fi-inail Cler/giasmdOl

\ Mil net in

H/4WorIdTradc

Centre-I.CiuTc Parade

Miunb.rt-4t)()(K)5

Tel (022)218*4()fi0

F;LX (022)215 1207

FlalNo.6G&6H,

"GopiilaTovvcris"

Riijcndm Place

New Delhi 110(K)X

Tel (O1DS718516

(011)571 14.17

Fax (O1I)575 276O'

TK 3U.5915CLEDIN

"Moti Jug House" Ground Floor, 1. Auckland Place K.olkala'700 017

Tel (011)240 7270

Fax:(013)2474543

Gnuiis REa.EXPORT129 2 3 1 4 Agra Extension Centre

Block No 26/2/4.

Shop No 112. Sanja\ Place

Agra 282 002

lei 352(.19

18. Tlie Marine Products

PB No 1(><>1

(>lh Flooi. Regent Chambers Export Development

MPEDA House

lamanlal Rajai Marg

N;irinian Hoinl

Authority

Pauainpilh Avenue

Mumb;u400 021

Kochi 682 036

Tel.(0484) Ml 979

T e l ( 0 2 2 )2^ IW

((484) .111 901

(022)283 4354

Fa\:(X)910484 313 361

Fax. 022 283 4354

Tlx. 0885 664X

TLv 0115707

CablcMARINE

Cable.MARINE AUTHORITY

4-B Maniti Building

12 Loudoun Street

Kolkata 700017

Tel (011)2475908

(03.1)2471181

Tlx.0212f.98 Cablc:MARINE A U T H 0 R mr

Tlioufeeq Complex Ravipurani. M.G. Road, Cochin 682 0 Ifi

Tcl:(0484)35()518

(0484)150 5o2

TK.O8K5 ()657

Cable:M AR1NE AUTHORITY

No.JO Sainbaiiltiiiin St

G.N.ChcttyRoad

T Nag:ir

Chciifuii6(KH)]7

Tel. 044 827 7150

(044) 827 74<")

Ka.\- 04482 774 90

Tlx: 04172.14

Cable.MARINE AT JTHORJTY

Suklishanti Bldg 1st Floor

Bhidiya, Veraval-362269

Gitjanit

Tel'02876 214 29

Fax-0287621429

Tlx 0103 203

Cable:MARINE AUTHORITY

DoorNo. 13-1-15

Ward No 13,1st Floor

Kellc Court

Panje Mangesh Rao Road

Hanipankutta

Maiigalore575 001 330 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART J—SEC. 111 2 3 4 Tel: 0824 440 360

Fax: 0824 440 360

TL\: 0832 231

Cablc:MARINE AUTHORITY

Mira Flores, 1 st Floor

Near Gomantak Press

St Inez, P;maji 403 001

Goa

Tcl.(0832)224283

Fax:(0832)224283

T1.V0194312

Cable:MARlNE AUTHORITY

Srihari.Parameswara Nagar

QuiionfiyiOOl

Tel(0474)73741

Fax:(0474)71741

The 0886 281

Cable:MARINE AUTHORJTY

487-9 Rama Talkies Road

1 st Floor. Srjnagar

Visakhapatnam 530 016

Fax: 0891 552077

Telex:0495392

Cable: MARINE AUTHORITY

Thiruvarul, 24.Chidambara -

Nagar. 2nd Street.

Tuucorin628 008

Tel(0466) 22602

Fax:(0466)22602

TLv 0434 247

Cable:MARINE AUTHORITY

(Paradeep)

Plot No.695/696

G Block. BJB Nagar

Bhubaneswar 751014

Tcl:((X)74)430724

Tlx: 06756 285

Cable:MARINE AUTHORITY

Trade Promotion Office 101 Ninnal Tower Barakliajnba Road New Delhi 110 001

Tel(l 1)3719126

F;ix:{ 11)3310582

TL\. 03162265

Cable:COMPEDA

(Principal Office)

Commerce Centre

19,

H 118 ( l l th Floor)

(7thFloor).Tardeo.

Hiniala>aHouse

Road,

Overseas Construction Councilor India

23 Kasturba Gandlii Marg

Mumbai-400034

NewDeUii 110 (Mil331 1 2 4 Tel: (Oil) 332 7550

Tel (022) 494 3243

(O22)4lU2344

Fax :(X)9122 4943243

(011)372 2425

E-mail. g-occi/s=

Council/p=gems.

vssnl ncl in Fax 91-11-3312936 E-mail Macziw giasdl Ol.vsnl ncl in

Internet. occi council a

gems \snl.ncl. in.

20. The Plastics and

Centre 1 Linoleums Export

Unit 1.1 lth Floor

Promotion Council

Rashecd Mansion (>22 Anna Salai Chennai-dOO ()()(>

World Trade Centre

CulTe Parade. Colaba

Mumbai 4(K) 005

Tel. (022) 2184474

Tcl(O44)8278fi2O

Fax-91-22-2184810

F;L\ 9M4-82(.5744

Tlx Oil 8^)40PLXLIN

T l \ . 4 W r a i P L X UN

Cable. PLEXCONC1L

Cable LEXCONCIL

E-Mail(lNTERNET)

plexcoiu/ giasbml \ snlnel in

21. The Rubber Board

Shaslri Road.

PR,No 1122 World Trade Centre 14/lBE/ni Street

Kolknlii 700001

Tel. (0^)254 548

Fax:91-33-258 94(i

TK.21-4014PLXL1N Cable PI.EXCONC1L

Koil;i>am()8()()()2

Tel (0481)571-231

(O4S|)571-2i2

(0481)^71-235

(0481)571-23("

(0481)571-^.1

Fax 9 M S l o 7 n S0

llv8S8-2O5RUBRIN

Cable RUBRER BOARD

2"! Shellac Export

14/lB.r-y.RA.SrREET. Promotion Council

WORLDTRADE CENTRE.

K()I.K'\TA-7(M)(H)I

Tel 2M5i(.

Fax. 0^-248 404t./IF-lS4
Or1-248 2O7U/IF-:SK4

23. The Sporls Goods

I hid Floor.

Export Promotion

l-E/d. Swami Ram.

Council

Tiralh Nagar.

(Jhandewalan Exln).

New Delhi IK) 05? lO.ShaktiNajiar.

Jalandhar-144 001 Tel (lJ|) 18I-2O3714 Cable Princilex

Td. (Oil) 525(.9.S

Fa\. 011-7.^2147

Cable PRINCII.liX

^2 THE GAZETTE OF INDIA EXTRAORDINARY

[PARF I— SR- II2 1 1 4 24 Spices Board Sugandha Bhavan 1) A 111 Defence Colom N,H.B\-pas5 New Delhi- 110 024

PB.no,2277

PhoneOl 14611510.4623597 Fax • 011 — 4621?5lJ

Palamattom.PO

Cochin-(>82O25.

Email: sbrodel a giasdlO 1 ,\ snl.net in

Phone 0484-3 V,. U7965

2) iy5 = A = Park Street

Fav 0484-331429.3^4429

OilciUla-7(io 017

E mail. 1. Spicesboard a\snl com Phone ( m - 2 8 0 4 3 04

E mail 2 Mail a indianspices com Fax •{)-,?,-247973(>

Email' sbioail <-;giasl()l \snl net.in

Website www indinnspiccs com

3 ) Unit No, 1. Plot No 9 & 10

B;mking ComplexBldg - II

Nc;ir Commodity Exchange

Sector- 1 9 - A. Vaslii.

Mumbai-400 703

Phone; 022-7653093

Fax :022-76511<>

Email: rosbbom a boin2.\ snl net in

4)25(oldNo 13). Firsl Floor

Second Street. East

Abhiramapnram.Nh lapore.

Chennai-dOO 004

Phone:044-4991448

Fa.\ 044-4997474

Email. sbrochn a \ snl.com

?)KuranganiRoad

Bodinayakanur-()26 513

Phone/FaN 0454f>-21397

Email sbadbodi a sancliarnet in

(>) f)"' B\ c 1 .anc. Rajgarli Road. Guw aliati -

781003

Phone 0361542617

7) P B No 85. Diesel Po^cr House Road.

Gangtok-737101

Phone ()3.-S')2- 22904

Fav03592 -22230

nmail shroglk"'dic.\ snl.net.irr

8)14-A-OldVas:iViNagar

Miarkaiiii.'l riiniilj;licny P.O

Secunderabad-500 015

Phone. i)+0-774()4f(.

Fax: 040 7744835

Email, spicesboard n salyam net.in

9)22/1. Rust Mouse Road

B;uinalore -560 001

Phone: OXO-532 0154

Fav O8O-5^2O354

10) (i. Ground Floor

Chidambaraui Nagar

5"Street.Tuticorin()28 008

]|)PlolNo423.S;i]udNa^ir

Bluibaneswar-751007

Phone. (K)74-52O567(PP)^3 4 1 25 'flic S\ lllllLlIC
Resham Bhavan K.i\ on 1 ./Miles

7N VeerNarhnanRd 1 spoil I'hiinoiinn

Minnbai 41)0020 i onnul

fVl (O22)2O4N7')7 (O22)2O4Nf>lX) (I)22)2824o02

Fa\ Vl-2.2-2O4K}5K

] l\ 1 I-S17CM SILPCIN

GranrSYNRAU'lL

KM;iil SlUEPf-MUM

a 400 nicuw. nic in '(. IV;i U(i;ini

l4Fiipl;ihi Inillokyu

M;ih;il;i| Snnini

(RnibiMinic Road)

Kolk;il;i70()(K)|

• Td (011)25-1411 I⁷;i.\ 01^22^1417 'ri\.()21-4S27

C;iblo Tl'ARORI) 12) L'A> 01 lice of tlic Directorate of Horticulture. PBNo.O.K)

Ai/\v;il-796()Ol.Mi/oniiii Phone: OlX(;-122XOy

P ) 2. R;iin\;idi SocicH

Niniiiy N;ig;ir Ro.id

riKijidlixlicPO.

Alinicdab;jd-lS2 4S]

Phone 751(j(,84

14) DAS. H15Scclor-D I.DAColony, KanpurRo;id Luokiinn 22()O12 Phone (>522-P2
PI ID House,4Ui Floor

Phase II

Ojsp Asian Games Villaye

Neu Delhi NOOK.

Tcl'01W,XM7G0

Fa\'JI-ll-()S54(U9

•IKOII-7105KPHDC-IN

KhallelicC'enlrc

(AlsaMall)

No in. "ird Floor

Monlielh Road

( licnnai-oOOOOS

Id O44Sri.SlX^7/K5i;42:if. p-;,.N vi-44-8551^55 T l\ 041-7127 PI :ST IN

Hloi.kNo Hi

R cshain J-!li.i\ ;in

Lai D;u\v.ija Sural 1(J5OI)1

I'd O2()1421IS4

F;i.\.'JI-2f.M2l75(>

A/ad Filiauan ( l id Floor) 41;/14Jh;uide\valan.lj\tn New Delhi-110055

f e l ( 0 l l ) 5 M H K' M e\ ()1U,28¹X)

Resliain Rhawan

78. Veei Nariiiuin Road

Minnbai-401/1)20

Tel(()22)2(UI()W 2^4 THE GAZETTE OF INDIA fc-XTRAORDINAR> | P u u ( - S i. 1|3 1 2 4 No 1 Backer's Ro;id

(Vd Floor)

"Vija\a Complex"

iMouin Road)

Clicnnai •<><>
TclflM4)S4l)("4l)

hidini Gandhi Ro;id,

Willingdon Ishind

Cochin-682(Hn

KERALA

Tcl.(O484)()f)-Ci52'i

((484Kid-fif)48

"TlvO4X4f")2K4

C, B Road."

P O.Kunjub;ui

Agiinala-7'J'JOO]

Tripurn

Td:((HHl (22-41K2.

SHELWOOD' Coonoor

Libnirt Rd

Post Bo\ No,6

Coonoor-64^101,

Nilgiris.

Soulh India

Tcl.(O423 (21618/2(016

• Fa\:042.V22312

Club Road.

P.O. Sildiiir-7SK()ni

Disl Cachar( Assam)

Tcl:(()3842)^2518

College Road

Kottayam-f>86(M)l

Kcnjla

Tcl(()4"l)56-7.T'J1

Fas. 0481-567141

"Pradhun Bhavvan

Hakinipara.

Siligiiri.

Diirjccling Tcl:(O?.'i'i)42()57¹J Fa\-0353 42057lJ

Nciini Park

Jorliat-785001

Assam

Td.(().176)32()501

U.N.Bc/banuiRoad SilpiiklHirl. GuvvaliaU-78100? Assam335 2 3 1 4 Tcl.(0361)54-7%9

(0361)54-2974

Tclc.v235-241O

RL\:()3C) 1-547969

S. A.S. House (2nd Floor.

Flal No. 4.()B.Sapm

Marg. Lucknow -226001

TcI-(0522)224-%()

Gancsh Ghal.

Holding No. 1782

PO.Tc/pur-784(K)l

Disi. Sonitpur(AsKim)

Tel(()3712)20144

Mission Road

Palanipur-176(X)l.

Kangra

Himachal Pradesh

Tcl:(() 1894) 30524

Fax-01894-311524

Jashbhai F Palcl Building

(3rd Floor)

Chock Kalra Alum alia

Ainritsar-]43001.Pimjab.

Tel. (0183)551627

(0183)558515

(O183)543W)0

Fax: (0183)228138

21 Tobacco Board

Sriniv;is;i Rao Thola

Dirccioratcof

G T Road '

Auclions

P.BNo.322

1/19. Illrd Cross

4lli Floor

Gunlur-522 004

Unit\ Building Annexe

Andlira Pradesh.

C.S.I Compound

Baiigalore-500 027

Tel(080)2236599

Tel- 230399.

Fax. 0S0 2225075

Fav(>8(>3 354232

Tlx 0845 8437

Tlx-471 264TOBDIN

Gram. TOBD IN

H. No. 10-4-1/5

Behind Chacha Nehru

Park. Masa\ Tank.

H\dcn.bad-5ooo28

Tel. (040) 3 17503

(040)319989

B/4/141

Sal~dar|iuit; Enclax c

New Delhi-110 029

Tel-(()ll)f)10l90

28. Wool
012/714 AshokEsiatc

Export Promotion

24 Barakhajnba Road

Council

Neu Delhi-110001

Cluirchgaie Chambers ^Ui lloor. 5 New Marine Lines. \1umbai-40i 1021) 33c, THF. GAZETTE OF INDIA. EXTRAORDINARY

[PAIU 1—Sr-r. 11-> 3 1 4 Tel. (011)331 5512 Tel: (022) 2024080

(011)3315205

Fax. 022 2624651

Ka\(Oll)3.314o2d

Cable. WOOLLENS

Cable. WARMTH

2(> Tlic Powcrlooiu

704/.3.(GiH-dcvNagar) Pakhowal Road Ludhiana-141001

Tel: 0101-3 5X42 Fax: Old 1405 lf>¹) Cable • EXPROC1L

Mmiicipal Commercial Complex

(Bharatiiiar Memorial Building)

Hall No 2. 1 si Floor

AN ananshi Road

Timpnr-(i41-002

Tel 0421-7003 h,

Cicil ("oun

f>e\elopmeni and

• R" Wing

Export Promotion

4th Moor

Council

M;il\;i ka\ i Bluisliau Marg.

(PDFXCIL)

Behind Kciznl,

Colaba.

Mnnibai-4000V)

Tel 2027:21

3(1

3 A. ParkPla/.a. 71 Park Slrccl.

Jute Manufacturers

kolkala-7000|(, De\ clopincni Council

Phone :r2lO7.->n254O.2:<,U3N

l av 2l7245d

li-Mail , jmder/giasclOI \snl net in

APPENDIX 2S

U S T OF INSPECTION ANDCEKTIF1CAT1O1N AGENCIES

NOT}-.. Please See Paragraph 2 ^2 1 Of This Handbook 1. Ale\ SlcNNarl Inlcinaiional Coipn

(ii:\ ssendorl len\ es 54, 3()(m(iKROlTI:'RI)AM P<) Bo\53()o? 3000 I IB Rollerdam

2 Alfred 11 Kiiiulil leronsl.ld .

Icclesion Cirange. Prescol Road.

Si. Helens. Merseyside.

WA I0 300UK.

3 Bureau of Indian Standards

'' Raliadursliali / a l ar Maru.

New Delhi-110(K)2 Tel , 3 3 l 7l) ' ) l / 3 i l ( ) | 3 | / m r175 IK O3|-(,SH7(i

Fa\ 3^|4(K,2

4 Bureau Verilas

17 bis. I'lncedes Reflets.

La Delense. l)24()OCourtie\oie. Cedc\44. l>2077 Paris-La-Delen.se

5. Bureau Verilas

009. Balarania. oih Floor.

3-C. Bandni Kurla Complex.

Bandm(E).

Mumbai-4(KH)51

Tel O5414(il/(o41477/(o24(i47

Fa,\.(>541400/0542487/()524644

Email industrv immiui in bureauN erilas com337 6. Del Norske Veritas

201 -D. Poonam Chambers. "A" Wing. Dr. Annie Bcsant Road. Worii. Bombay-4
7. Director General

STQC Directorate Department of Electronics Electronics Niketan 6. CGO Complex. New Delhi-110003. Tel 4362831 Tlx 65103/66536/6659O Fax 4363083

8. Gulf Inspection Agencies

P.O. Box 24993. SaAit(13llO). Kuwait.

9 Indian Register Quality Systems 52-A. Adi Shankaracharya Marg. Opp. Powai Lake. Bomba\-400 072. Tel 022-5793627 (4 Lines)

5787124 Fax : 022 5793611

10. Inspectorate Griffith Ltd..

2. Perry Road. Withan Essex CMB3TU England.

11. " Underwriters Laboratory's inc.

(Liason Office). 205-209. Second Floor. Prestige meridian- i 29. M.G. Road. Bangalore- 560001 Tel. 080-5581773/74/75. (Fax No: 080-5581771) 12. American Quality Assessors (India) Pvt Ltd. (under the Office or AQA. USA) 3-6-157. Victory Vmar. 4"¹ Floor. Himayat Nagar. Hyderabad 500 029 Tel: 040-3222894-5 Fav 040-3223023 uqairt.aqa-india.coiWsrihari'ffhdl.vsnl.ncl.in 13. Metallurgical & Engineering Consultants (India) Ltd. Ranchi-834002. Bihar. India . Tel : O651-50IOO2/50I216 Tlx 0625-262 MECON IN Fax • (91)-651-502214/502189

14. Nippon KaijiKentai

Kyokai. 9-7-1 Chomc. Hatchobori. Chuo-ku. Tokyo. Japan.

15. NQA quality Systems Registrar 720. International Trade Tower. Nehru Place. New Delhi-110019 Tel: 6411913 Tlx : 031-71053 QMI IN Fax : 6467487

16. Rwtuv Ahlagentchiiik

Deptt for Environment Protection. Chemicals and Technology. Langemarckstr. 20.4541 ESSEN. German).

17 ShinNihonKctci Kyokai Keikni No. 2 Building. Takanawa 3-G\rome. Minato-ku. Tokyo 108. Japan. Tlx: 2423486KENTEIJ Fax : 81-3-3449-2814

18. Socielc General De Surveillance Sa

Mineral Sen ices. Place Dcs Alpes. 1 P.O. Box 898. CH-1211 Geneva 1

19. Superintendence CD. of India Everest House. 7lh Floor. 46-C. Chowringhcc Road. Calcutta -700 071.

20. TUVIndiaPvt.Ltd.

241. Hindustan Kolunoor Industrial Complex Opp. MTNL olTicc. LBS Marg Vikhroli (W). Munibai -4(KH)83 Tel. 5791301 Fa\: 5770738

21 Moody International (India) Pvt,Ltd C-45. Friends Colony NcwDclhi-IKH)65

22 SGS India Privalc Limited

250. UdyogVihar Phase IV Gurgaon Tel 6399990-8

1079 QI/2002—24A

338 T H E t i A Z E T T E OF INDIA. EXTRAORDINARY

IPARTI—SEC:. 11

APPENDIX-28 A

LISTOF1S/1SO!XHM>(SERIES) CERTIFICATION AGENCIES/ WHOGMP CERTIFICATION AGENCIES/HACCP

CERTIFICATION AND OTHER CERTIFICATION AGENCIES

A. List of IS/ISO WOO (Scrips) Certification agency ' 1. Bureau of Indian Standards

9. Bahadurshah Zafar Marg.

New Delhi-I Id(K)2

F;i\: 33114062/3239399

2. B urcau Vcri las Qual i ly

Inlcrnational

44. Arcadia. Narhnaji point

MUMBAI -400021

Fax' 2023(197

3 Del Norskc Vcrilas

2(n.SavitriSadan-l

11 Prccl Vilmr

New Delhi-110092

F;ix: 2210247

4, Indian Register Quality Systems

52 A. Adi Shankaracharya Marg Opp PowaiLake. Powai

MUMBAI 400 072

FA* 57yif.ll

5 KPMG Center Point Centre I

Floor 30. World Trade Centre.

Curie Parade.

MUMBAM00 005

Fa\ 2IS-KO22

f> l . K o ds Register Industrial

Sen ices (India) Lid.

Appcjay Commercial Complex

1 rii Floor. Plot X7.

Sector 17 Vashi

Na\i-MUMBAM()()701

7, NQAQnalilv Systems Registrar

I.id 720 InteniaiionalTrade

Tower Nehru Place

New Delhi-110 019

Fax (.2147X4

X SCiS India Private Lid.

Naor.iji Furdoomji Road

(olaba. MumbaJ-400 001

Fa\ 2<)27
9 Standardisation. Te.sling &

Qualilv Control Directorate

lilecirouicsNikeian

(> C ( i () Complex. Lodi Road.

New Delhi-1 loooi

Fax.4K)l()Xl

10 India PCt Ltd.

241 .Hindustan Kohinoor

Industrial Complex

Opp. MTNL office, LBS Marg

Vikhroli (W), Muinbai -400083

Tel 5791301 Fax. 5770718

11 Underwriters Laboratories. Inc.

(Liaison Office)

205-09. Second floor. Prestige

Mcridian-i,

29. M G.Road.

Bangalore-560 052

Tcl:()X()-5581773

Fax. 0X0-55X1771

12 American Quality Assessors

(India) Pvt. Ltd

(licenced Registrar under the

office of AQA. USA

U>-157. Victory Vilw. 4"¹ Floor, Hiniayal Nag^ir Hyderabad

Tel: 040-3222X94-5

Fax. 040-3223023

aqai^aqa-iiidia com/

srihiiri'f/iidl \sul.nci in

13 NVT Quality Ccrtiriciition (Pvt.) Ltd,

12. FF City Point.

Inlanlry Road

Biingalore -500 001

14 M/s Qualilv Assurance service

20X. Kedia Arcade.

92. Infantry Road,

Bangalore -5(.OOO1

15 M/s TUVSuddeulschlandi India)

P\'l Lid.

112 Neelkhiinl Commercial

f'enlre. Sahar Road.

Sahar.

Mnmbai-40(K)99

Id M/s ABS Quality E\ alualion lnc

Mayiircsli Cliambers.4O4.4lli Floor

Sector I l.CBD

Belapur

Navi-Mumbai

17 M/s Brilish Standard lnslilulion.

1X9. Chiswick High Road.

London-W4-4A.L .

United Kingdom.

1079 QI/2002—24B339 18. International Standards Certification (South Asia) Pvt. Ltd. 414,Janki Centre. Sha Ind. Estate. Off. Vecra Dcsai Road. Andlieri(W). Mumbai -400053 HO. Address- 541 Cloven Centre. 7. Moledina Road Punc-41100]

19. M/sIntcrtekServices Corporation Inc. Natlck, MA. USA

20. M/s Cetecom GmbH

lmtcelbruchl22.D45219 ESSEN GERMANY

21 M/s International Certification Limited 656. Sector 10. Panchkula Haryana-lMin

22. Quality Certification Bureau. Inc

N-17.1st Floor, NDSE-1 New Delhi-110049

23 M/sQuality-Ccrl (India)Pvl.Lld.

12, Gandhi Road Gill Nagar, Choolamcdu Chcnnai-600094

24. M/s AIB Vincoltc Inter

A DROU ARTL AAN 27-29 B 1160, BRUSSELS BELGIUM

25. International Certification

Services (Asia) Pvt Ltd. ShotNo.2, I¹" floor. "B" Block Market, Surajmal Viliar. Delhi-11W92 Tel: 91-11-2146659.2148961 Telefax: 91-11-2148961 E-Mail: icsapldr<7.bom7.vsnl.ncl.in

26. LRQA Centre for India and Srilanka.

Lloyd Register of Shipping, 2nd floor, Apccjay Commercial Complex, . Plot 87, Sector-17, Vashi,

Navi Mumbai-400703

27. QMS CERTIFICATION SERVICES (India) GF-10, Dcvika Chambers, RDC Rajnagar. Ghaziabad

28. Chamber Certification Assessment Services Limited, C-701, May LIT Appt, Sector 9. Roliini, Ddhi-H(K)85 Ph:7864272

B. List of WHOGMP-Certificaiion Agencies 1 Drug Controllers/FDA Commissioners of the concerned stales

C List of H ACCP Certification Agencies I The Marine Product Export Development Authority MPEDA House. Panampilh A\cnuc P B No 4272 Kochi-682036

2. Export Inspection Agencies/Export Inspection Council

D. List of SEI CMM lc\ el II and above certificate issuing authority.

(1) Customer Relations

Software Engineering Institute Carnegie Mellon University Pittsburgh, PA 15213-3890, USA Phone. Voice Mail and on Demand Fax. 412/268-5800 E-Mail: cut relations'^/ sei.cmu.edu \v\v\v.sci.cmu.edu

(2) TcraQucst Metrics. Inc

PO Box 200490 12885 Research Bl\ d. Suite 207 Austin. TX 78750. USA Phone: 512/219-0286 E-MailxuruVfl acm.org

(3) Process Transition International, hit

106. Archvvood P.O.Box 1988 Annapolis, MD 21401. USA Phone: 301/2619921 Fax: 410/295 50.17 E-Mail: spito.proccsstransilion.coiii

(4) Global Systems Technology

5811 Amaya Drive. #201 La Mesa, CA 91942. USA Phone: 619/697-9947 Fav: 619/697-9948 B-Mail: rknudsoivttig-s-t.Commerce

(5) Software Technology Transition

60 Elm Street Andovcr, MA 01810, USA Phonc:978/47444I3 Fa\:978/475-5432

(6) John Ryskowski Consulting

1544,9th Street Manhattan Beach, CA '0266. USA Phonc:310/376-8255 E-Mail: jfryskowskiff/'vahoo.com 340 THE GAZETTE OF INDIA . EXTRAORDINARY

[PARTI—Sw\ 11 (7) The Process Group

(9) Thcla Information Systcms.liic ROBox7(HX)12

555 Lucerne Avenue

Diillas.TX 75370-0012. USA

Tampa, FL 33600. USA

Phonc:972/4IX-'J54I

Phone. 813/902-0402

Fax: 972/018-6283

Fa.\:K 13/902-0258

E-Mail:71564.203 lfWcompuscrve. com

E-M;iil:71044.1404m CompuServe, com

(10) PRT Corpomlion of America

(8) ChangeBridgc. Inc.

#f> Harbour Industrial estate

15103. Gen. Slovens Q.

Bridgetown Barbados. WI

Chantilly.VA 20151. USA

E-Mail:gmanagul(r/prt. Commerce Phone :7O3/3 78-0975

E List of Q Mark Certification Agency Fax: 703/378-0976

1. Export Inspection Agencies/Export Inspection E-Mail: sen clloi<7,changcbridgc.com

Council

APPENDIX- V)

PROCEDURE FOR DEPOSIT/REFUND OF IMPORT APPLICATION FEE

AND OTHER FEE

I. EVIDENCE OF PAYMENT OF FEE. — Two copies ofllic Bank Receipt in original in the form as given in Appendix-6 from the authorised branches of Centr.il Bank of India indicating the depositor a Bank Draft from am bank or Uirough running deposit account with the concerned RL A in accordance w ith the fee prescribed below —

2 SCALE OF APPLIAT1ON FEE.—

S.No PARTICULARS

Amount of fee

(in rupees)

1 2

1.

Two hundred

Application for import licence where the C1F value of goods specified in ihc application docs not exceed Rupees Fifty thousand.

2. Application for import licence where the C1F value of the goods specified in the application exceeds Rupees Fifty thousand.

Tw o per thousand or part thereof subject lo a minimum of Two hundred and maximum of One lakh and fifu thousand. However, for applications filed electronically. the maximum fee would be Rs. 1 lakh.

3.

Two hundred.

Application for import licence filed by SSI units where the CIF value goods specified in application docs not exceed Rupees Two lakhs.

4.

Tw o hundred

Application for grant of duplicate licence including Duty Entitlement Pass Book.

5

One thousand

Application for issue of certificate of Importer - Exporter Code Number (IEC).

6

Tw o hundred

Application for duplicate copy of IEC No.
341 3 1 2
7.

Two hundred

Application for issue of an Identity Card

8.

One hundred

Application for issue of duplicate ldentih Card

T\\ o hundred

9. Application for rcvalidation of an import licence

One thousand per split-up licence

10. Application for grant of split-up licences

II.

Five per thousand subject to a mini-" mum of Rupees Two hundred.

Application for Duty Entitlement passbook (DEPB)

3. MODE OF DEPOSIT:—The application fee shall be deposited in the following manner:—

(1) Deposit in an authorised Branch of Central Bank of India as given Appendix 35 indicating the "Head of Accounts 1453 Foreign Trade and Export Promotion- Minor Head 102-lmport Licence application fee'" The Bank receipt must show the name of the department viz.. "Directorate General of Foreign Trade". The Bank Receipt drawn in favour of Pay
OR

(2) Crossed Demand Draft on a Scheduled Bank for (he requisite amount should be made in favour of the concerned licensing aulhoriu where the application is filed.

OR

(3) Through running deposit account maintained with concerned RLA in the follow ing manner :•—

The applicants ma> deposil the anticipated amount as per their needs for six months with the concerned Regional Licensing Authority through chcquc/DD in the name ofconccmcd Pay & Accounts Officer (Commerce). Initially, this amount will be credited into public accounts under Major Head 8443-Civil Deposits. 114-Export Trade Deposits adjustable against Licence Application Fees. The licensing authority at the time of admitting the application fee will cam out an adjustment in "Broad Sheet of Export Trade Deposits" and debit the value of application fee from the Head "Export Trade Deposits" by contra credit to Revenue Head. Hcad-1453- Forcign Trade & Export Promotion. 103 "Export Licensing Application Fees". The licensing Authority may furnish the details of all such transactions,(like the amouiil transferred from Public Accounts !o Revenue Account etc ) io the Pa> and Accounts Officer concerned w ho may earn' out adjustment entry in the monthly compilation of accounts A cop\ of the transactions may also be forwarded to (he concerned firm for the purpose of reconciliation.

Note:—The firms who wain io resort to this mode of payment should be established and regular applicants having at least 25 applications/ transactions during ihc last licensing year. The minimum deposil under the scheme will not be less than Rs. 1.00.000/- All subsequent payment in replenishment of ihc deposit will be made through Pay order in favour of the concerned office of CPAO No licence application will be entertained/ considered so long as the firms have a deposil balance in ihcir account. All Ihe charges in connection with Ihc depositor transaction with DGFT including undercharges detected subsequently in course ofaudit will be debited from the Depositor amounts Likewise, any excess payment or wrong payment of fee will be refunded as per the procedure mentioned in (his appendix.

4. EXEMPTION FROM PAYMENTOF FEES ;— No fee shall be payable in respect of ;uiy application made by such class or category of applicant as specified in Foreign Trade (Regulation) Rules. I W.

5 WHERE BANK RECEIPT IS LOST —The applicant should file an affidn it on a Stamp Paper to ihcelTcct that one copy/ both copies of Bank Receipt, in question, have been lost or misplaced and have not been utilised in any other manner. Further. Ihc applicant should also certify that if the said copy/or both the copies of Bank Receipt arc found subsequently they shall be relumed to ihc licensing authority concerned and shall nol be utilised in any olhcr manner The piirticularsof the Bank Receipt i.c licensing period, the amount remitted. Ihe dale of payment etc. should also be staled in ^42 THE GAZETTE OF INDIA : EXTRAORDINARY

[PARTI—SEC I] the affidaA it In addition the applicant shall produce a certificate from the bank or the Pay and Accounts Office to the effect thai the amount was deposited.

(.. R FRJND OF APPLICATION FEES :— (1) The fee once received will not be refunded except in the following circumstances, nameh :—

(;i) Where the fee has been deposited in excess of the specified amount of fee; or

(b) Where the fee has been deposited but no Application has been made; or

(c) Where the fee has been deposited in error but the applicant is exempt from payment of fee.

(2) Where the applicant is eligible for refund of application fee, an application in the prescribed form given in Appendix 5 ma> be submitted to the licensing authority within whose jurisdiction the fee was paid enclosing alongwith both the copies of Bank Receipt. In cases, where the said copies of Bank Receipt have been enclosed with the application Tor the licence, ihe third cop\ of the Bank Receipt may be furnished, hi all such cases, number and date of the Bank Receipt and the name and address of the Bank where the fee was deposited should be given.

(3) Where the amount had been deposited by means of a Bank Draft.thc applicant should furnish alongwith the application :—

(i) Demand Draft No. and date of issue.

(ii) Name of Bank and address of branch w hich issued the Demand Draft.

(iii) The Bank and its branch on which the Demand Draft was nlade payable.

(iv) The name of the licensing authority in whose favour the Demand Draft was made payable.

(4) On receipt of application, the licensing authority shall pass refund after they have verified from the Pay and Accounts Officer concerned that the amount in question has been credited to the Government of India.

(5) No claim for refund of application fee shall be entertained by the licensing authority after expiry of one year from the date of Bank Receipt/ Demand Draft. However, on merits, for reasons to be recorded in Writing, the licensing authority may condone the delay but in no case shall an application for refund of fees be entertained after the expiry of three years from the date of Bank Receipt/ Demand Draft.

(6) In cases, where the applicant has lost the original Bank Receipt the licensing authority may accept a certificate from the Bank or Pay and Accounts Officer (Imports & Exports) in support of die fact Unit the amount was deposited. In such cases, where the original receipt is not available the applicant will be required to file an affidavit containing same particulars as mentioned above.

(7) Refund Order of fees w ill be valid for three months from the date of issue. Request for revalidating the same may be considered on merits by the authority which issued the Refund Order.

APPENDIX-29A

LIST OF THE BRANCHES OF CENTRAL BANK OF INDIA AUTHORISED TO RECEIVE

PAYMENTS FOR APPLICATION FEE

Sr. Address

Sr. Address

No.

No.

2

1

2

1

4. P.B. No. 6. Gogincni Buildings Street.

ANDHRA PRADESH

Vljayawada-52(XX)1.

6-I-10631E. 1st Floor.

1.

B-12-319. Raja Rangaish Apparas Street.

Raj Bhawan Road.

VJjaya\vada-52(XK)l.

Khalralabad.

Hvdcrabad.

5.P.B.No.22.DoorNo.5/281.

5.

Bhaya Lala Main Road.

.1-1-16. Raslrapalhi Road.

2.

Bhava Lata Main Road.

Scciindcmbad-5(XMX>3.

P.B. No, 30. Victory House.

3.

6, B.I. Shipyard Colony.

Door No. 1634-1-18.

Gandhigram,

Temple Street. Kakinada-533(X) 1.

Visakhapatnam-533(X) 1, 34.31" 1 2 2 7. P.B. No. 05. 2918. 119.

Main Road.

VisiiklwpaUviMi-5.1()<>() I 8 P.B.No. 5. B;UarStreet. Sainarthi Building. PakaJa-517112

9. 18/188/BK. N Street.

Cuddapah-5 18001

P.B.No. 22. 18/192.

10.

Rashool Ba/ar.

Kiinioololf)()()|.

I I. 22. Jajwalagadav ;iri Slrcci.

Ncllorc-524001

12 P.B No. M).

Ramgopal Compound.

Jawahar Road

1.1. Ralna Jullcr. Grand Trunk Road. Ongole-523001

14. P B. No 27.

Biihin Villa.

8/4n.SlationRoad.

Wiimng!ilCily-5(MMMi2.

15. R;i]im;ui Man/il Pan Ba/.ar ASSAM

1. Tinsukia

2 MaiWaripally P ()

M.G. Road, Katihar-854105.

X

9. P,0 Pumca Agarual Market,

R N Sliaw Cliowk,

Pumca-KMWl.

PO. SaluirsJi-852201

H).

29 P.B No 8,

11.

Main Baziir,

Cliowk. Ra\iiul-845105.

12 DaMongmij Engineering Road,

Daltongaiij-8221()1.

CHANDIGARH

1. S.C.F. 23, Sector 15/C.

2 S.C.0.293.Sector 35-D

DELHI

¹ Udyog Bliavan,

New Dclhi-110011.

2. 10, Comniujiity Centre,

Lawrence Road. Dcllii-110 035

I, I8/4Asaf AliRoad,

New Delhi 110 001

4 55, Madhubaiii, Nclmi Place, New Delhi -110019.

GOA, D A M AN AND DIU

2

2

Swanlantry Path, Rdiabari. Vas-codc-GaJiia-40.3802. Dibnigarli-78<)()()!. Sicliar P,O. Riia Alfcsoda dc Albuquarquc P;uijim403(K)l Silcliar. GUJARAT RIIIAR/JIIARKHAND Dniik Noiili-K()2 |-S(.. P.B No 201, M.C. Road. Sural-395003. Dhanbad New Vegetable Market, PR 14. Mala Road. P.B.No. 62. Bulsir-3%001. Bisiupar Jainshcdpiir-810001, PB No f>4. New DakBunglow. Road. Palna-KT 1001. Kala Building Panigalc, Barocti-39(MM)1. 4. 4. I'O Miidhnbaiii-K472ll. Madhuhani. Ncar-Rupallcc Cinema Lai D;irvvaja, Ahmcdabad-380001. s Sjiiiii^iirli Naiioual Hi^hwa^{{^{{FOOTNOTE 1}}}}-"'^. P.O RamnarliCanll. Ha/.aribagh. •s <) P.R.No.lS. Navkelan. P.B No. 505. 3/f,2. M;uid\i. Tower Road. lamn;ig;u--3f)l()()l l)r Rajcndra Prasad Road. Bliii{lii]pur-S 12001 (> Pallani Building. P B No. 129, P B No 2\ Bari Ba/Jir. M.G. Road. Monjihvr-XII2()l Rajkol-.fOOOOI. ↩

2 3 344 THE GAZETTE OF INDIA : EXTRAORDINARY

IPVRJ I—SK. , II2 1 1 2 5 7. 37 HarisRoad. Mna\iiagar-3<>4001. a Zanda Chowk. Port Trust Building. Kutch.

9. Jama Masjid Road. Bharuch-392001.

HARYANA

1. Railway Road. Bahadurgarh-125407

2. Basi Road, Gurgaon-122001,

3. Industrial Area. Faridabad-N.I.T.-121002. 4. Chowk Mast-Purian. AmbalaCity-I34(M)2.

5. Subzi Maiidi. Sirsa-125055

fi. P.B. No. 9. G.T. Road. Near Telephone Exchajigc. Panipat-132 103.

H1MACH AL PRADESH

1. Lower Bazar,

171991. Distria Simla,

JAMMU AND KASHMIR

1. P.B. No. 59. Indra Mansion. ShalimarRoad, Raghunath Ba/ar, JamniuTawi-lS(K)01

2. P.B.No.91,AmiraKadal. Srinagar.

KARNATAKA

1, Post Box No 14. IIl/C.T.S.No. 1012/I-B, DajibanPeih, Hubll-58(X)2O,

2. 13652-B, Arouza Building. Hainpankatta, Mangalore-575003.

3. 3-4. Visveswariali Bluiwaii, 1st Floor, Krishna Ra.iendra Circle, Mysore-57(KM)1.

4. Santosh Cinema Complex, Kamagowada Road, Bangalorc-560009.

Srmh aro. Bajigalorc- Bcllary Road. Bellan-583101.

6. 1st Floor. Super Market. PlolNo 7&8. Gulbarga-585101,

7. 11 -2-7. Sukhaiii Building. NcarGolcThana. Raichur-584101

8. Post Bo.\ No 60. 590. Mandipet. Dc\;uigcrc-577OO1.

KERALA

1. P.B. No. 14. Bazar Road. Cochiii-682002.

2 Post Box No 3 ft. Neu Kulathmikal Building. 1st Floor. T.C 21/219. (Opp. G.P.O.) Main Road. Trivandrum-695001

3. 59. PostBoxNo.28.Q.M.G. 526. V. Y. A, Chinnakada. Rest House, Junction-691001.

4. Post Box No 1123. 21/421-C.M.G. Road, Emakulam (Cochin)

5. Koitayam. Kenila

MADHYA PRADESH/ CH ATTISGARH

1. Post Box No 10, Jaycndra Ganj. Laskar. Gwalior-474001.

2. 14, New Market. T T. Nagar. Bhopal.

3. Post Box No. 89. Road, Jawahar Marg, Siyaganj. IndoreCity-452(K)1.

4. Post Box No. 11, 506. Sarafa Bazar, Jabalpur-482(K)1.

5, Post Box No. 23, Kliandwa, Opp. Govt. Hospital, Khandwa-450001..

6, Church Compound Bus Station, Betul.

7 Chouwradia Bhavan. Main Road, P.O.Balaghat-481(X)l.
345 l 1 2 2 8 12 85. Cloth Market Tajnapeth. Akola-144001.
Post Box No. 17. Great Eastern Road. Raipur-492(X)1

9. C/o Shrj K.N. Tandons Buildings. Rcwa Road. Satna485001.

10. Post Box No. 52. Patcl Blinvan. Bilaspur.

II Post Box No. 32. Civil Centre. BhilaM9(X)0 1.

MEGHALAYA

1. Bara Bazar Road.

29, Cantonment. ShiUong-79(XX)l.

MAHARASHTRA

1. 2-5/102. Station Road. GulmandJ. Aurangabad-431001.

2. Mahatina Gandlii Road. Muinbai.

3. Novelty Chambers. Gnint Road. Mumbai-4()(XX)7.

4. 129. Mandvi Janabai Building. Masjid Bunder. Mnndvi Road. Mumbai-MXXX)3.

5. Madhu Sancluiya Tilak Road. NasikCil\ -122001.

6. Post Box No. 51. 317.M.G.Road. Gimp. Punc (Poona).

7. Post Box No. 46. Gandlii Bhavan. "C"l4()7.LaxiiiiPuri. Kolhapur-416002.

8. PostBoxNo. 20. C.T.S., 183/1, VikharBhag. SanglM164]6.

9, Station Road. Nagpur-+4(XK)1.

10. Post Box No. 43, Balwant Lane No. 4. Dhulia424001.

11. PrakashKunj, NavPetli, Jalgaon-425(X)1.

13 86. Pritlivi Vandliiin. Gandlii Chowk. Ycomial-445001.

.14. Va/inibadRoad. Nandcd-431601.

15 88. ShakarBhavan. Morai Road. Amravati-W4601.

16 ManiUii Gianllia. Sangrahalaya Building, Nclaji Subliash Bose Road. Tliana.

17. 1/5-14. Shah Road. UlUir.

IS. SEEPZ Branch. Andhcri East Muinbai

OR1SSA

1. Plot No. 106/B. Unit No, VII. Ground Floor. Sun atiagar (Bhubancshw ar) 2. Patcl Building. Baxi Baziir. Cultack-743001.

3. Slianna Building. 1st Floor. Main Road. Rourkcla-76(KX)1.

4. Opp. Municipal - Shopping Centre. Katchchri Road. Bnlasorc-756001.

5. 226/5. Main Road. Baura Baziir. Bcriianipur-76(MX)2.

6

PONDICHERRY

1. Pox Box no.61

4 Ainbalathadair Madani Street. Pondicherr>-605(X)1

PUNJAB

1. Dana Mandi Road. Kapurthala-144601

2. Post Box No, 55. Mandi Road Jullundur-144001,

3. Post Box No. 36. NizaniRoad. Ludliiana-144101.

.i4h THE GAZETTE OF INDIA. EXTRAORDINARY

| PART I—Su\ 112 I 1 •) 4 Post Box No, S3.

1. Queens Road,

Civil Linos.

Amriisar-UiOOl.

RAJASTHAN

¹ Sausar Chandra Ro;id.

Jiiipiir-3O2(X)1

Jnlori Gate. Chopans Road.

Jodlipiir-142001.

Cloth Market. PaliOOMOl

4 Posi Box No 21.

Ana Sainaj Road.

K.otah-3 24001

5, Post Box No. 22.

K..E.N.Road.

Bikancr-.vUOOI.

( i. Post Box No. 25.

10. Public Park

-j

Sriganganagar-.VoOO 1, Post Box No. 4lJ. Outside Gale.

Utoipiir-.ll.iOOI.

TAMIL NADU

1 Post Box No 1W.

Madras Slock Exchange Building.

Uv'l 7.2nd Line Beach.

Madras-dOOOOl

Post Box No. 40.

29. MaJiaima Gandlii M;irg.

AII;iliabad-211(K)l

Wright Ganj.

Gha/iab;)d-2OI(K)l.

4. 1271. Bhairon Ba/iir.

Bclanganj,

Agi-a-282(M)4.

5. S/'JO. Isl lloor. An a NaLuar. Kanpur-2OSOO2

Post Box No U)l.

7T. Mahalma G;uidlii Road.

HaAiral G;mj.

Luckno\\-22f.(X)l.

i

Post Box No. 7S.

CK.yyih.Chovk.

Vamn;isi-22IOS1

S. Banmawal Building.

Main Road. Near Bharai Palace.

Bluidohi-221104.

'), Posi Box No. 45.

Hospital Road.

Barcilly-2'UOOI.

10 Asodhv a Dar Barrister Road.

Mohalla Purdilpur.

C".ir.iklipui-27.'(H)1.

II. Hand Nan-aj Building.

The Mall.

Nainilal

n. 14 4

54. Beach Road. Fair Light. I'ccder Road. PoslOriiceDiirgapur-7n20l TulicoriiH)2K()0l • I'osl BON NO. 2'J. IS/A. Grand Tnink Road. ^77 South Car Si reel. Isl Floor. Vinidluuiagnr-o2(iOOI. Soulh llowrah 15, Meenakshi, kovil Slreei. ^ I'osl Box No 40. Maleed 1 louse Miidiinii-C>25()OI V Nelaji SubhashRoad. TRIPURA Calculla 1. Maulribnri Road. 4. Agiiiijila-7i;iX)OI Clihola Kolhi Posi Office. Couch l3oh;ir-7Vi 101. UTTAR PRADESH/ UTTRANCHAL N.C. Goenka Road. Darjeeling 1. Post Box No N. (>. Kil.KhairNagar. Posi Box No 2'). Theatre Road Jalpaigiin-715101 Ba/Jir. 7. Molunvbali. Rai^anj MceniK'ily-25()(K)2. ↩

2 7 5 ?47

APPENDIX-30

LIST OF REGIONAL LICENSING AUTHORITIES OF DGFT AND THE CORRESPONDING

OFFICE OF RESERVE BANK OF INDIA, EXCHANGE CONTROL DEPARTMENT.

Note: Please see Paragraph 2.9 1 of this Handbook Sr.No Licensing Authorit} of DGFT

(2)

(1)

1. The Joint Director General of Foreign Trade. Central Licensing Area. New Delhi

2 The Joint Director General of Foreign Trade. Ud\og Bha\an. Jaipur-5.

The Joint Director General of Foreign Trade. Kanpur.

4. The Joint Director General of Foreign Trade. Ludhiana

5. The Joint Director General of Foreign Trade. Moradabad,

6. The Joint Director General < Foreign Tmdc. Vamnasi.

7. The Jl.DircctorGcncml of Foreign Trade. Amriisiir.

H. The Jl Director General of Foreign Trade. Chandigarh.

Corresponding office of RBI/ECD

The General Manager. Exchange Control Dcptt Reserve Bank of India (>. Sansad Marg. Nev> Delhi-110*001

The Deputy General Manager Exchange Control Dcptt.. Reserve Bank of India. Rambagh Circle Tank Road. P.B.No. 12. Jaipur-302 (X)4

The General Manager. Exchange Control Deptl.. RescncBank of India. M G.Road. Kanpur-208001

The Deputy General Manager. Exchange Control Depit.. Reserve Bank of India. Central Vista. Opp. Telephone Blun mi. Sector-17. Chandigarh- l(>0 017

The General Manager. Exchange Control Dcplt.. Rescn c Bank of India. M G.Road. Kanpur-208 001

The General Manager. Exchange Control Dcptl.. Reserve Bank of India. M.G.Road. Kanpur-208 001

The Dcpul> General Manager. Exchange Control Dcplt.. Reserve Bank of India. Central Vista. Opp. Telephone Bluivnn. Sector-17, Chandigarh-160 017.

The D>. General Manager. Exchange Control Dcplt,. Reserve Bank of India. Central Vista. Opp. Telephone Bhavan. Sector-17. Chandigarh-160 017 34X THE GAZETTE OF INDIA EXTRAORDINARY

(2)

(1)

<) The Joint Director Gcncnil of Foreign Tr;idc.

Panipat

10 The D\ Director General of Foreign Trade

Srinagar.

The Joint Director General of II

Foreign Tr.ide.

Mnmb;ii

12 The Joint Director General of Foreign Inide

Aliinedahad

The Joint Director (icncml ol M

Foreign Trade.

I'nne

Hie John 1 )irector (ienenil of 14

Foieign Trade

Hnrodn.

1 he IOIIII l)ireclor(iciicriil ol Foieign Trade

lihopal

l(. The Depntv l)iiecl()i(ieiienil ol I'oieign 1 r:idc

I'iinji

17, TheJl DireclorGenenilol' ol' I'oieign Inide.

Riiikol

IP.wi I—She II H)

Tlic D> General Manager.

E.\cl>;uigc Control Dq)U..

RcscneBiunk of India.

Central Vista.

Opp Telephone Bha\ an.

Sector-17. Chandigarh-160017

Tlic D\. General Manager.

Exchange Control Deptt..

Reserve Bank of India.

Kohli House. Opp Iqbal Park.

Airport Road. .Srinagar-l'JOOOV

The Gcncnil Manager.

E\ch;mgc Control Dcplt.

RescncBiUik of India.

Muinbi Regional Office.

Amar Building, 1st floor.

Sir P.M. Road.

Mumbai-KHHX/I

The General Manager.

Exchange Control Dcpll,.

Rosen c Bank of India.

Ne;ir Gandhi Bridge,

P B No. 1. Alinicdiib;>d-TKO()I4

Tlie General Manager,

Exchange Control Deplt,

Reserve B;uik of India.

Mumbni Regional Office.

Ainar Building. 1st floor.

Sir. P.M. Road Mumbai-400001

Tlie General Manager

Exchange Control Dcpll,

Reserve Bank of India.

Near Gandhi Bridge.

P. B.No. I.AInncdiibad-3X<)<>14

The Assll. General Manager.

Exeh.uige Control Dcpll..

Reserve Bank of India.

Hoshengabad Road. P.B. No. 32.

Bliopal-4f.2(lll.

The Deputy General Manager

Exchange Conlrol DcpU..

Rescn e B;uik ol India.

Sandeep Aparimcnls. .

Dada Vaidya Road. P. B. No.2().

Paiiji-KHOOI

TlieGencnilMiuiagcr.

E\di;uigcConirol Dcplt..

Reserxe Bank of India.

NearGiindhi Bridge.

P. B.No. 1, •U¹;

(2)

(1)

IS. The Joint Director General, or Foreign Trade.

Surat.

The Joint Director General of 19.

Foreign Trade.

Kolkata.

20. The Jl. Director General of Foreign Trade.

Culiuck.

The Joint Director General 21.

of Foreign Trade.

Gmvahali

22. The Joint Director General or Foreign Trade.

Palna.

23. ThcDy. Director General of Foreign Trade.

Mcghalava.

24. Tlic Joint Director General of Foreign Trade.

Chcnnai.

The Join! Director General or 25.

Foreign Trade.

Ban galore.

26. The Joint Director General or Foreign Trade.

Eniaculam

Kochi

Tlic Joint Director General 27.

of Foreign Trade.

Hyderabad.

0)

Tlic General Manager.

Exchange Control Dcpll.

Bank of India.

Near Gandhi Bridge,

PB.No 1. Ahmcd;ib,id-""ni)l4

Tlic General Manager.

Exchange Control Dcpu .

Res en c Bank of India.

15. Nctaji Subhas Road.

P B.No 552. K.olkata-7()()()()!

The Asstt General Manager.

Rescn e Bank oflndia.

P;uidit Jawaharlal Nchm Marg.

Post. Bag No 16.

Bhubancsvwir-751 001

The General Manager

Exchange Control Dcpu..

Rcscn c Bank of India.

Station Road. P. Bag No. 120

Guwahali-78100]

The Asstt. General Manager.

Exchange Control Dcplt..

Reserve Bank oflndia.

South Gandhi Maidan.

P. B.No. ir)2.Pauia-8()0001

Tlic General Manager.

*" Exchange Control Dcptt..

Reserve Bank oflndia.

Station Road. P. Bag No. 120.

Guv>ahali-781(X)I

The General Manager

Exchange Control Dcplt..

Rcscnc Bank oflndia,

Fort Glacis. Rajaji Salai.

P. B. No. 40. Chcnnai-600001

The Deputy General Manager.

Exchange Control Deplt.

Rcscnc Bank of India.

10/3/X. Nnipaihunga Road.

P. B NO 676K. Bangalore-560 002.

Tlic General Manager.

Exchange Control Dcptt..

Rcscn c Bank of India.

Emakulam NorUi.

P B. No. 3065. Kochi-f>82 018

Tlic Deputy General Manager.

Exchange Control Dcptt..

Reserve Bank of India.

Secretariat Road. Saifabad

P. B. No. 1. Hydcrabad-500 (K)4 350 THE GAZETTE OF INDIA: EXTRAORDINARY

(2)

(1)

2S. Tlic Joint Director General of Foreign Trade. Coimbalorc

29 The Joint Director General of Foreign Trade. Madurai

30. Tlic Jl. Director Geucml of Foreign trade. Pondichcrry

31. TlicJl. DircclorGciicnil of Foreign Trade. Visakhapatnam

32. Tlic Development Commissioner SEEPZ Miiinbni

13 Tlic Development Commissioner Kandla Free Trade Zone Gandhidham

34. Tlic Development Commissioner Madras Export Processing Zone Chennai

35 Tlie Dc\ clopnicnt Commissioner Cochin Export Processing Zone. Kochi

36. Tlic De\•elopmcnl Commissioner Visakliapauiam Export Processing Zone Visakliapatnam

IPAKI I—Shr. II (3)

The General Manager Exchange Control Dcptt., Reserve Bank of India. Fort Glacis. Rajaji Salai. P. B. No. 40. Chcnnai-600001

The General Manager. Exchange Control Dcptl.. Rcscnc Bank of India. Fort Glacis. Rajaji Salai, P. B.No.40.Chcnnai-('000()l

Tlie General Manager. Exchange Control Deptt.. Reserve Bank of India. Fort Glacis. Rajaji Salni. P. B. No. 40. Chcnnai-600 001

Tlie D>. Gcnenil Manager. Exchiuige Control Dcplt.. Reserve Bank of India. Secretariat Road. Saifabad. P. B. No 1. H>dcr.ibad-500 004

Tlie General Mmiagcr. Exclumgc Control Deplt. Reserve Bank oflndia. 1st lloor. Aniar Building. Sir. P. M. Road. Mumbai-400 001

Tlie General M:uiager. Exchange Control Deptt.. Reserve Bank oflndia. Near Gandhi Bridge. Ahmcdabad-380 014

Tlic General Miuiagcr. Exchange Control Deplt.. RescncBank of India. Foil Glacis. Rajaji Salai. Chcuuai-oooooi

Tlie General Mmiager. Excli;uigc Control Dcptt.. RescncBank oflndia. Ernakulam NorUi. PB.No. 31)65. Kochi-6S2 018

The D\ General Manager. Excluuigc Control Dcptt,. Rcscn cBank of India. Secretariat Road. Saifabad. H>dcrabad-5oooo4351 (2)

(1)

C).
37
The Development Commissioner Noida Export Processing Zone Ghaziabad

Tlic General Manager. Excluuigc Control Dcpll.. Reserve Bank of India. (). Sansad Marg, New Delhi-110 001

Tlie Development commissioner Falla Export Processing Zone. Kolkaia

Tlic General Manager. Exchange Control Dcptl.. Rcscn c Bank of India. 15. Nctnji SnbhasRoad. P.B.No.552.Kolkala-700(X)l

APPENDIX-31

LIST OF GOODS WHICH ARE PROHIBITED FOR EXPORTS FROM ANY PORT

ORPLACEIN INDIA TO LIBYA

NOTE: SEE PARAGRAPH 2 2 OFTHIS HANDBOOK

(i) Pumps of medium or large eapacily-w hose capacity is equal lo or larger than 350 cubic meters per hour and drivers (.gas turbines and electric motors) designed Ionise in the transportation of crude oil and natural gas (ii) (Equipment designed for use in crude oil expori terminals' Loading buoys or single point moorings (spin) Flexible hoses for connection between underwater manifolds (plcin) and single point mooring and flouting loading hoses of large si/.es (from 12" to Id")

(iii) Equipment not special!) designed for use in crude oil cxporTlcriuiuals but which because of their large capacity can be used for this purpose: Loading pumps of large capacity (4000 iu3/li) and small head (10 bars) Boosting pumps within the same range of How rale. Inline, pipe line, inspection tools and cleaning de\ ices (i e. pigging tools) (Id" and above) Metering equipment of large eapacih (1000 m i/h and above).

(i\) Refinery equipment: Boilers meeting American Society of Mechanical Engineers I standards Furnaces meeting American Society of Mechanical Engineers S standards. Fraclionation column meeting American Society of Machanical Engineers Appli;uiccsX standards. Pumps meeting American Petroleum Institute dl() standards. Calaly tic reactors meeting American Society of Mechanical Engineering S standards Prepared calaly sis. including th'e follow ing: Catalysis containing platinum Calaly sis containing moly denum.

(v) Spare Pails destined for the items in (i) lo (i\ )nbo\ e.

APPENDIX-J1A

INTERV1EW/ENQU1RYSLIP

Note: Please see paragraph 2.17 of this Handbook

I, Name of the Officer lo be interviewed .

2 (i) Date and Number of application '

(ii) Numberand Dale under which Ihc application has been recommended by the Sponsoring/ Technical Authority

(iii) Receipt Number/ Acknowledgement

No./ File No . ifany.ofllic Licensing Office/DGFT: 3. Information/ position lo be given by

the concerned Officer:

..

4. Date and time for enquiry/ interview

given:

Signature: Name:

Dale:

Designation E-Mail Address T52 THE GAZETTE OF INDIA : EXTRAORDINARY

[PARTI—SEC 11

COUNTERFOIL

S! No

Date 1 Name oflhe Company/Individual.

2 Name and Designation of the

rcpresentati\ c

3 Name of the Section from whom the information is to be obtained .

4 NameoftheOfficcrtobe

interviewed.

5 Date and time of Enquin/Interview '

Place Dale

Signature of the Enquiry Officer/P.R.O.

APPENDIX-32

VALUE ADDITION NORMS FOR EXPORTS FOR WHICH PAYMENTS ARE

NOT IN FREELY CONVERTIBLE CURRENCY

NOTE: PLEASE SEE PARAGRAPH 4 1.4 OF THE POLICY

The trade with all erstwhile Rupee Pa\ment .Area (RPA) countries has since been su itched over to payment in frccl> convertibleCIIITCIIC> except'

(i) for exports from India against liquidation of Rupee balances to the credit of crstw hile RPA countries; and for exports to the Russian Federation against funds a\ ailable in the special Rupee Accounts in the names of Russian entities

(ii) For exports to the Russian Federation against India's repayment of State credits granted by the former USSR.

The follow ing \ aluc addition norms shall be applicable for exports to erstwhile Rupee Payment Area countries:—

(a) For the trade taking place in frcch convertible Currency, the \aluc addition norms will be the same as applicable to exports to GCA countries :

(b) For the exports from India against liquidation ofnipce balances to the credit of erstwhile RPA countries, the \ aluc addition norms shall be 3 3% or the percentage of value addition indicated in the Handbook (Vol. 2) whichever is higher

(c) For exports lo the Russian Federation against India's repayments of State credits granted by the former USSR, the v aluc addition norms shall be 33% or the percentage of value addition indicated in the Handbook (Vol 2) whichever is higher.

(d) For exports to the Russian Federation against funds a\ ailable against Special Rupee Accounts in the name of Russian Entities, the \ aluc addition norms in cases involving duty free imports under the Duty Exemption/ Remission Scheme shall be 33% or the percentage of value addition indicated in the Hand book (Vol.2) whiclicx eris higher"

2 In respect of the exports indicated al sub-paragraphs (b).(c) ajid (d) above, following further relaxations shall be applicable —

(i) The pros isions of Paragraph 2.40 of the Export & Import Policy 1997-2002 shall stand relaxed to the extent that export contracts and invoices shall be determined in non-convertible Indian Rupees; and (ii) The pro\ isions of Paragraph l).3 oflhe Handbook (Vol. 1) shall stand relaxed to the extent that imposition and discharge of export obligation on the Advance Licence, if availed under the Duty Exemption Scheme on such exports, shall be indicated in non-convertible Indian Rupees.
353
APPENDIX-33

AGENCIES/FUNDS/ NOTIFIED BYTHE DEPARTMENTOF ECONOMIC AFFAIRS,

M IN ISTRY OF FINANCE FORTH E PURPOSE OF DEEMED EXPORT BENEFITS.

Note Please see Paragraph X,2(d) of the Polic> and Paragraph N.6.3 ofthis Handbook

Agencies/Funds nolillcd by llic Go\ cmmcnl of India. Ministry ofFinancc. Dcpt of Economic Affairs \ idc their Public Noiicc No. I (FT)/DFA/2000 dated'Jth August. 2000 Tor the purpose of Deemed Export benefits .—

1. Inlcniiilioiiiil Bank for Rcconslniclion and Development (IBRD) and the International Development Association (IDA).

2. International Fund for Agricultural Development (IFAD).

3. Asian Dc\ elopment Bank (ADB)

4. Organisation of Petroleum Exporting Countries (OPEC) Fund.

5 Yen credit channelised through Japan Bank for International Cooperation (JBIC). (Dc\ clopment component only )

(> Swedish Inleriiational Dc\ elopment Agency (SIDA).

Appendix -J4

APPLICATION FOR CERTIFICATION OF EXPORT PERFORMANCE OF UNITS INTHE

PIIARMACEUTK ALAND BIOTECH NOLOGYSECTORS BYTHE REGIONALOFFICES OF THE DGFT

AS PER CUSTOMS NOTIFICATION NO 21/2002.

Noli¹ Please refer paragraph 2.55 of this Handbook

t Name and Address ol llie Applicant '

2 11-.('Number

DelaiKol exports and import enlilleiuenl

1 .nlillenicnl

Cumulative

Balance Preceding

Balance

CIF Value

a l"i.ol the imports

licensing

import

of Import

entitlement It )B value

already

• '';u~ s physical

entitlement

to be

of imports of phvsieal

undertaken

iv polls

(in Ks crorcs)

undertaken

(4) - ( 5) exports

under Customs (2)- 0)

under this

(in Ks em res)

Not 10/2002

application

(in Rs. crorcs)

(In Rs. crores)

(2)

(3)

(4)

{{^{{FOOTNOTE (1)}}}}

• (5)

CO iK'ilarittion/lJiKln-tiikiiig hv the Proprictor/Partner/Dircctor

a We/1 herein declare thai the said goods are lo be imported for Research and Development purpose only b We/1 herein undertake that the total value of goods imported during 2001 -2002 under Customs Notification No 10/2002 will not exceed I % of the FOB value of exports in the financial year 2000-2001.

i We/1 herein nuclei lake that the imported goods would be installed in the said Research and Development Wing (if the importer within (> mouths of the dale of importation These goods would not be Ininsfcrrcdor sold for a period of 7 \ ears from the dale of inslallalu:n

d We/1 hereby declare thai ihe imports by theunil are foiKesearchand Development in Ihc Pharmaceutical and Hiolechnology Sectors

1079 OI/2002—25A . 1 54

T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY

I P A RI I — S i .r II c We/1 hereby declare that the Research and Development wing of the unit which has undertaken these imports is registered with the Department of Science and Industrial Research in the Ministry of Science ;uid Technology of the Government of India.

f. We/1 hereby declare that the abo\ c statements arc inic and correct and nothing has been concealed or held therefrom. We/1 fully understand that am information furnished if pro\ ed incorrcci or false will render us/ me liable for penal action and other consequences as ma\ be prescribed in the FTDR Act 1992. Foreign Trade Regulation Rules, 1991 and Orders framed thereunder, and am other law' in force.

Name of the Proprietor/

Director ($)/ Partner (s)

Signature of the Proprietor/

Dircctor(s)/Partncr(s):

Designation

;

Date:

Place:

CHARTERED ACCOUNTANTS CERTIFICATE

This is to certify that the We/1 have verified the details furnished b\ the unit as at S.Nos 1 to 3 along with the Declaration/ Undertaking given by the Proprietor/ Partner/ Director of the unit(s) and find them to be true and correct.

Chartered Accountant's Name:

CANumbcr. Address

VERIFICATION BYTHEREGIONALOFFICEOFTHEDIRECTORATEGENERALOF

FOREIGN TRADE

This is to verify that the details supplied by the firm in the said Appendix ha\ c been verified b\ the Chartered Accountant and arc correct as per the records submitted by the Unit to this office The certificate is issued for allow ing dut\ free import of listed equipment given in List 27 A of the Customs Notification 10/2002 dtd 21 02.2002 for a \ aluc of Rs wordsand figures subject to conditions mentioned in the aforesaid Customs Notification Dale:

Place:

Foreign Trade Development Officer

Office of the Join! Director General of Foreign Trade

APPENDIX-J5

LISTOFAGENCIES AUTHORISED TO ISSUECSP CERTIFICATION

S. NO.

AUTHORISED FOR

AGENCIES AUTHORISED TO ISSUEGSP CERTIFICATE OF ORIGIN

1 2

1.

All products

Export Inspection Council through their field offices known as Export inspection agencies with 57 offices all over India

2

Marine products

Marine products Export Development authority through their 12 regional offices all over India.

X

Handicraft

Development Commissioner For handicrafts through their 14 regional offices all oVcr India

1079 GI/2002—25B355 3 1 2 Spices and Cashcwnuts

4. Spices Board, Ministry ofComniercc& Industry Sugandha Bhavan. P. B No.2277. Palarivatom P.O. Cochin- 682025 (Emakiilam District)

Coir Board. P. B. No. 1752. M.G.Road Emakulam Cochin-16

Coirand Coirproducts

5.

Textiles and madcups

6. Textile Coniinittce through 28 regional offices all over India

7. 8.

Central Silk Board through 8 regional offices all over India Madras Export Processing Zone Administrative office buil- ding. National highway 45. Tambaram. Chcnnai

Silk products All products manufactured by Units in Madras EPZ within respec- tive jurisdiction of the Develop- ment Commissioner.

9. Development Commissioner. Kandla free trade zone. Gandhidliam. Kutch. Gujaral-370230

All products manufactured by Units in Kandla free trade zone within respec- tive jurisdiction of the Development Commissioner

10. Office of Development Commissioner. Santacniz Electronics Export Processing Zone. Department of Commerce. Aiidhcri (East). Mumbai

All products manufactured by Units in Santacni/ Electronics Export Process- ing within respective jurisdiction of the Development Commissioner 11.

All products manufactured by Units in CEPZ w itlun respective jurisdiction of Hie Development Commissioner Cochin Export Processing Zone (CEPZ).Kakkanad. Cochin-6S2O30 Kerala

12.

All products manufactured by Units in NEPZ within respective jurisdiction of the Development Commissioner NOIDA Export Processing Zone Noida-Dadri Road.Phasc-ll Noida.20l305(UP) Dislt.Gautambudh Nagar

1.1

All products

Directorate General of Foreign Trade & its regional offices

14. Development Commissioner. EPZ at Vishakhapatnam and Falta

All products manufactured by the EOUs/ Units in EPZ within respective jurisdiction of DC.

APPENDIX-35 A

LIST OF AGENCIES AUTHORISED TO ISSUE CERTIFICATES OF ORIGIN FOR SAPTA AND BANGKOK

AGREEMENT.

5.

1,

Carpet Export Promotion Council 110-A/1. Krishna Nagar Street No:5. Saidariung Enclave New Delhi -110029

Agricultural and Processed Food Products Exports Development Aulhorih 3. Sin Institutional Area. August Krauti Mary. New Delhi-HOOK)

6.

1 Apparel Export Promotion Council 15. NBCC Tower BhikajiCama Place New Delhi -11006ft

Chemicals & Allied Products Export Promotion Council "World Trade Centre" 14/1-B.Ezra Street Kolkaiia-7(HX)()I

3:

7. Coffee Board 1. Dr. Ambcdkar Vccdhi Bangalore-560 (KM

8.

4,

Coir Board Coir House M.G. Road. Emakulam South Kochi-682016

Basic Chemicals. Pharmaceuticals & Cosmetics Export Promotion Council. Jhansi Castle. 4th Floor 7. Cooperage Road. Bombay -400039 The Cashew Export Promotion Council of India P. B. No; 1709. ChilloorRoad Emakulam South Cochin-682016 356 THE GAZETTE OF INDIA: EXTRAORDINARY

9. The Cotton Textiles Export Promotion Council Engineering Centre. 5th Floor 9. Mathew Road Bombay-400004

10. Electronics and Computer Software Export Promotion Council PHD House. 3rd Floor Opp. Asian Games Village New Delhi 110016.

11. Engineering Export Promotion Council World Trade Centre T Floor. 14/1B Ezra Street Kolkatta-700001

11A Engineering Export Promotion Council Surya Kiran. (4Ul floor) 19 Kasturba Gandhi Marg. New Delhi-110001

11B Engineering Export Promotion Council Maalavika Centre (third floor) 144/145. Kodambakkam High Road. Chennai-600034

12. Federation of Indian Export Organisations (F1EO) PHD House. 3rd Floor Opp. Asian Games Village New Delhi-110016

13. The Gem & Jewellery Export Promotion Council. Diamond Plaza. 5th Floor 391-ADr.D.B.Marg Bombay -400M4

14, Export Promotion Council for Handicrafts 6 Community Centre (1st and 2nd Floor) Basant Lok. Vasant Viluir New Delhi-110057

15. The Handloom Export Promotion Council 18. Cathedral Garden Road. Nungambakkani Madras-600034

16. The Indian Silk Export Promotion Council 62. Mittal Chambers. 6th Floor Nariman Point Bombay -400021

17, Council for Leather Exports "Leather Centre" 53. Raja Muthiah Road Periamet, Madras - 6(X)(K)3

18. The Marine Products Export Development Authority P. B. No: 1663. MPEDAHousc Panampilry Avenue Cochin-682036

19. Overseas Construction Council of India H 11" (1 ltli Floor), Himalaya House 23, Kasturba Gandhi Marg New Delhi -110001

[PART1—SEC. 1] 20.- The Plastics and Linoleums Export Promotion Council Centre 1, Unit 1,1 lth Floor World Trade Centre Coffee Parade, Colaba Bombay-400005

21. The Rubber Board Keeshkunnu, CollectorateP.P. Kottayam-686002

22. Shellac Export Promotion Council World Trade Centre, 4th Floor 14/1B, Ezra Street Kolkata-700001

23, The Sports Goods Export Promotion Council 1 -E/6, Swami Ram Tiratli Nagar New Delhi-110055

24 Spices Board Sugandhha Bhawan, N H Bye Pass P. B. No: 2277, Palarivattam P O.. Cocl\in- 682025

25. The Synthetic & Rayon Textiles Export Promotion Council "Resham Bhavan". 78, Veer Nariman Road Bombay-400020

26. Tea Board 14 Biplabi Trailokya Maharaj Sarani (Brabournc Road) Kolkata-700001

27 Tobacco Board Srinivasa Rao Thola G.T Road. P.B.No-322 Guntur-522(M)4

28. Wool & Woollens Export Promotion Council 612/714 Ashok Estate 24 Barakhamba Road NcwDclhi-IKKXH

29. Tlic Dcvclopmcnl Commissioner Santa Cru/< EPZ,. Andhcri East Bombay

30. The Development Commissioner Kandla Free Trade Zone Kandto Gandhidham-K.utch Gujanit-370230

31. Tile Development Commissioner Madras Export Processing Zone G.S.T. Road N H.45.Tambaram Madras - 600045357 32. The Development Commissioner Cochin Export Processing Zone Kakkinada Cochin-682030

33. The Development Commissioner Visakhapatnam Export Processing Zone Admninistrative Office Building, Duwada Visakhapatnam-53(H W6

34. The Development Commissioner Noida ExporkProcessing Zone Noida Dadri Road, Phase II Noida District Gha/dabad-201305

35. The Development Commissioner Falta Export Processing Zone, 2nd MSO Building Room No:4 Nizam Place, 234/4, AJC Bose Road, Kolkata

36. Export Inspection Council Pragati Towers (11th Floor) Rajendra Place New Delhi-110008

37. The Plastics Export Promotion Council, Crystal Tower Co.Op.Housing Society Limited GundivaliRoadNo.3, Off M. V. Road, Andheri (East) Mumbai-400069

APPENDIX-35 B

LISTOFAGENCIESAUTHORISEDTO ISSUE CERTIFICATES OF ORIGIN-NON PREFERENTIAL

ALL INDIA ORGANISATIONS

CII and its branches

Head Office —

23, Institutional Area, Lodi Road, New Delhi -110 003 4. Indian Chamber of Commerce,

P.B.No.67, Vcera SavarkarRoad, Guntur-522001. Tel:220092

ASSAM

Phone: 0091-1M629994-7,4626164/4625407 Fax; (X)91-l 1-4626149/4633168

Cable :BUILDPOWER

Email: [email protected]

Internet: www.ciionline.ore

1.

ANDHRA PRADESH

1. Development Commissioner Visakhapatnam Export Processing zone, Adnm Office Building, Duwada, Visliakhapatnam -5 3 ()()46 Tel: 0891-587555/352 Fax:0891-587352 [email protected]/epzvi2agr^>hotmail.com Federation of Industries & Commerce of North Eastern Region (FINER) Shadecd Dileep Chakravarti Path, Behind Ice Factory, R, G. BaruahRoad Guwahati-781005 Tel: 036 J-222537,630076 Fax No. 0361-522037 E-mail; finer@satyan,netin

2. North East Federation on International Trade DosiBhawan, Pallan Bazar, Guwahati-781008 Tel: 541717/718

DELHI

2. Cocanada Chamber of Commerce Commercial Road, Kakinada-533007. Tel; 0884-376239 Fax:0884-355424

3. Federation of Andhra Pradesh Chamber of Commerce and Industry, Federation House, 11-6-841, RedHills,P.B, No. 14, Hydcrabad-500004. Tel: 040-3393428/3658 Fax:040-3395083 E-mail:info(a)fapcci.org

1. Apparel Export Promotion Council, 15, NBCC Tower, Bhikaji Cama Place, New Delhi-110066. Tel; 6183351,6169394/56/57 Fax: 6188584/300

2. Delhi Chamber of Commerce 49, Rani Jhansi Road, New Delhi-110 055 Tel. 3616421-24/3515828,3610397 Fax; 3628847/2815 E-mail; [email protected] 358 THE GAZETTE OF INDIA: EXTRAORDINARY

3. Federation of Indian Micro and Small & Medium Enterprises, B-4/ K> J , Safdurjung Enclave, Niew Delta i10029 Tel. f. 109470,6187948 Fax: 6109470

4. Federation oflndian Export Organisation, PHD House (3rd Floor) 4/2, Siri Institutional Area, HauzKlias, NcwDelhi-llOOir). Tcl:6851310/12/14/15 Fax. 6863087,6967859 E-mail: ficofanda vsnl.nci.in

5. Laghu Udyog Bharti 1E/11. Swaini Ramtirih Nagar. Jhandcwalan Exln. New Delhi 1KKI55

6. PHD Chamber of Commerce and Industry PHD House. Opp, Asian Games Village, New Delhi. Tel: 6861801 Fax: 6863135/6568392 E-mail.phdccitodcl2 vsnl.nci.in

7. The Sports Goods Export Promotion Council, The IE/6, Svvami RamTirthNagar, (2nd Floor). Jhandcwalaii Exl, New Delhi-IIOO55 Tel: 3525695 Fax-7532147 E-mail.sgcpcfavsnl nci.in

GOA

1. Goa Chamber orCommcrccand Industry Goa Chamber Building. Onnu/. Road. P O. Box No.59. Pjuijim Tel: 224223 Fax:223420

(PARTHSBC. 11 3. Morbi Chamber of Commerce and Industries, Near Bank of Baroda, Tulsi Shopping Centre, Sardar Road, Morbi-363641. Tel: 22101

4. Nawanagar Chamber of Commerce & Industn Shree Digvijayslnhji Chamber Building, Grain Market, Jamnagar-36KK)1. Tel: 0288-550250,679666 Fax:0288-554823

5. Porbandar Chamber of Commerce & Industry, Near old fuvara, Porbandar-360575 Tel: 0286-244454,240454

6. Saurashjra Chamber of Commerce & Industry 315, Chamber Complex Nakubaug, Darbargadh Bhavanagar-364(M)1. Tcl:()278424279 Fax:()278-13(X)4O E-mail: sauchemfaJadi.vsnljiet.in

7. Soutlicm Gujarat Chamber of Commerce &. Industry, Samruddhi' 4Ul floor, Annex Nanpura, Makkai bridge, P.B No.51, Nanpura, Sural-395(K)1. Tcl:0261-3479431-5 Fax:0261-3472340 E-mail: sgccifiv>,bom6.vsnl.net. in

K. Shri Sorath Chamber of Commerce & Industr "Opposite Port Office" Vakhariay Bazar, Hotel Kavcri Lane, S.T.Road. Akar complex, Vcraval, Gujarat-362265 Td^)2876-20102 Fax:028.76-44078" E-mail:clite(i^adl vsnl.net.in

GUJARAT

1. Federation of Gujarat Industries, Sidcup lower, 4"¹ floor. Near marble Arch. Race course. Vadodara-390007 Tel: 0265-311101/2 Fa.\:O265-33"X)54 E-mail:inro(Wfcdcralionofgujiirat.org 9. Tlic Gandhidham Chamber of Commerce & Industry, Plot No. 8, Scctor-9, PB.No. 58, Gandhidham (Kachchh) Tel: 20735,56828,20977 Fax: 20888 E-mail: gociiWwilnclonlinc.nct.ln

HARYANA

2. Giijar.il Chamber of Commerce & Industry. Slid Ambica Mills-Gujarat Chamber Building, Ashram Road, P.B. No. 4045. Ahmcdab;id-3H(MM)9 Tel: O79-65823OI/273/4 Fa\:079-T,587992 E-mail:bisf/;iguiaraichambcr.org

1. Faridabad Industries Association BataChawk, Industrial area, Faridabad-121001 Tcl:0129-5432136/5176 Fax.0129-5435175 E-mail:fialbd*/'ndf.vsnl.net.in359

JAMMU& KASHMIR

1. J&K Walnuts Exporters Association 102,1" floor, Fruit market complex, Narwal Jammu-180(X)6

2. The Kashmir Chamber of Commerce & Industry, Residency Road, Srinagar-19(X)()l. Kashmir Tel: 455446 Fax: 452517

Emakulam Chamber of Commerce. P.B.No.2530. Chamber comer. Shanmugham road. Kochi-682 031 Tcl:0484-380950,354885 Fax. 0484-374253 E-mail:ekmcos'<7.satyam.net.in

4 Indian Chamber of Commerce and Industry. P B.No. 236, Indian chamber Road, Cochin-682 003 Tel: 0484-225966.224335 Fax:0484-224203 E-niail:iccichnfind2.vsnJ.net.in

KARNATAKA

1. Belgaum Chamber of Commerce & Industry, 73, RaviwarPeth Belgaum- 590002 (Udyambad), Khanpur Road, Plot No. 48-49, Belgaum-590008 Tel. 460101/440417-

2. Central Silk Board, CSB complex, B.T.M. Layout, Madivala, Bangalore-560068 Tel: 080-6688831/0841/8957/9351 Fax:080-6681511 E-mail: csb(3>.bnesceo.ker,nic.in

3. Kanara Chamber of Commerce & Industry, Chamber Buildings, P.O.Box No. 116, Bunder, Mangalore -575001 Tel: 0824-420128/669 Fax: 0824420669 E-mail: chamber(S).bir.vsnl.net.in

4. The Greater Mysore Chamber of Industry, Sheriff Chambers, 14 Cunningham Road, Bangalore-560 052 Tel. No: 080- 2286080,2286081-82 FaxNo: 080-2251475

5. The Malabar Chamber of Commerce. Chamber House. Cherootty Road. P.B.No. 1113, Calicut-673032 Tel: 365282/92 Fax: 0766191 E-mail: malabarchamberSzybervvay.com 6. The North Malabar Chamber of Commerce, Cannanore- Tellicherry Road, Cannan6re-6700O2. Tel: 703399

MADHYAPRADESH/CHHATBGARH

1. Foreign Trade Development Association of India 502, Silver Arc Plaza, 20/1,New Palasia P.B.No. 591, lndore-452001 Tel: 0731-270939,264939 [email protected]

2. Federation of Madhya Pradesh Chamber of Commerce and Industry, Udyog Bhavan 129-A, Malviya Nagar Bhopal-462003 Tel: 0755-573612 Fax:0755-551441 E-mail:fmpcci(S).bom6.vsnl.net.in

KERALA

1, Cashew Export Promotion Council of India, P.B.No. 1709, Chittoor Road, Emakulam South, Cochin-682016.

2. Cochin Chamber of Commerce & Industry, P. NB. No.503, BristowRoad, Willington Island, Cochin 682 003 Tel:0484-666348/253 Fax:0484-668651 E-mail: chambcr(S>nd2.vsnl,neLin

3. Indo Overseas Chamber of Commerce & Industry, NHQ, 609, Chctak Centre, 12/2,R.N.TMarg, Indore Tel:0731-526840-41 Fax: 0731435003 E-mail: kimpex@sancharnetin

4. Madhya Pradesh Chamber of Commerce & Industry, Sanatan Dharam MandirMarg, Cliamber Bhavan, Gwalior-474009. Tel:0751-332916/7 Fax:0751-323844 360 THE GAZETTE OF INDIA: EXTRAORDINARY

MA]

HARASHTRA

1. AJ1 India F>:p rlcrChamber, ,V.:>ni;ibhoorr • .-liambers. WalcUaw Hirachand Marg, Muinbai-400001 Tel: 022-2611055/5430 Fax:022-2699179 E-mail: chamberrd!bom3.vsnl.net.in

2. Association of Merchants & Manufacturers of Textile Stores and Machinery (India) Bhogilal Hargovindas Building, 18/20, JCD.Marg. MumbaMOOOOl. Tel: 022-2844350/401 Fax: 2874060 E-mail:ammtsmii'rt).bom7.vsnl.net.in

3. Basic Chemicals, Pharmaceuticals and Cosmetics Export Promotion Council, Jhansi Castle, 4th Floor, 7th Cooperage Road, MumbaMOO039.

4. Bombay Chamber of Commerce & Industry, Mackinnon Mackezie Building, 3rd Floor, Ballard Estate, Bombay-400038. Tdfl22-2614681 Fax:022-2621213 E-mail:[email protected]

5. Cotton Textiles Export Promotion Council, Engineering Centre, 5th Floor, 9, Mathew Road, Mumbai-400004 Tel:022-2855859/5860 Fax:022-3631213 E-mail:[email protected]

6. Hindustan Chamber of Commerce, 342, Kalbadevi Road. Mumbai- 400002 Tel:022-2083724/2061775 Fax:022-2071359 E-mail: [email protected],in

7.

[PART I—SEC. 11 9. Indo-Arab Chamber of Commerce & Industries, 16, Maker Arcade, Ground Floor, Cuffe Parade, Mumbai-400005 Tel. No: 2183889/2182057 Fax No: 2188221/2180848 E-mail:iacci@bom3 .vsnl.net in

10. Indian Chemicals Manufacturers Association, Sir Vithaldas Chambers, 16 Mumbai Samachar Marg, Mumbai-400023 Tel:022-2O47649/8O43 E-mail:[email protected]

11. Maharashtra Chamber of Commerce & Industry, Oricon House, 6th Floor, 12K, Dubnash Marg, Fort,Mumbai-40000l Tel:022-2855859/5860 Fax:022-2855861 E-mail:maharashtrachamberf5H'snl.com

12. Maharatta Chamber of Commerce & Industries, P.B.No.525,TUakRoad, Pune-411002. Tel: 0204440371/0472 Fax:020-4447902 E-mau:[email protected]

13. Memon Chamber of Commerce Patharia Palace, 75, MohamedaliRoad, Mumbai-400003. Tel: 022-3421109 Fax:022-3413661

14. Marathwada Industries Association, Bajaj Bhavan, P-2, MIDC, Station Road Aurangabad-431005 Tel<0240>324509/355090 Fax (0240)333029 E-mail: [email protected]

15. MVIRDC Worid Trade Centre Centre-1,31" floor, Cuffe Parade, Mumbai-400005 Tel: 022-2184434 Fax: 022-21883S5/0823 E-mail: [email protected]
361
17. Synthetic & Rayon Textiles Export Promotion Council. ReshamBhavan. 78 Veer Nariinan Road. Mumbai-400020. Tel: 022-2048797/8690 Fax: 2048358 E-mail: SRTEPC.'rh ail.com

18. The All India Association of Industries. 98. Mittal Chamber. Nariinan Point. Mumbai-400021 Tel.No: 2023390 Fax:022-2660992 E-mail laiai^guisbinO 1 . vsnl.nct.iii

19. The Solvent Extractors Association Of India. 142. Jolly Miikcr Chambers No.2 14"' door. 225. Niirimim Point. Mumbai-ttXX)21 Tel: 022-2021475 Fax:022-2021692 E-mail: solvents snl.com

MA

PONDICHERRY

1. Chamber De Commerce,

1. Rue Suffren. P.B.No.39, Pondicherry-605001 Tel: 338615

PUNJAB

1. Chamber of Industrial & Commercial Undertaking, Gill road. Ludluana-141003 Tel: 0161-530551/540551 Fax:0161-530551

2. Federation of Punjab Small Industries Association, Punjab Trade Centre Complex. Near State Bank of India, Miller Ganj. Ludhiana-141003 Tel: 0161-532302 Fax:0161-671301

3. Punjab Small Industries & Export Corporation, Punjab

RAJASTHAN

1.

NIPUR

1. Associated Manipur Chamber orComiucrcc. hnphaI:795
2. Federation of All Manipur Importers/Exporters Chamber of Commerce & Industry. Indo-Myanmar Border Traders Union (IMBTU) Nagamapal Lahnayum Lcir.ik. Imphal -1 E-mail: imblunnV/'A ahoo.com

4. Morch Chamber of Commerce

Federation of Rn jasthan Exporters. P.B.No.337 J-l. JamnalarBajaj Maxg. "C" Scheme Jaipur-302(X)l. Tel 0141-384265

2. Rajasthan Chamber of Commerce & Industry. Rajasthan Chamber Bhawan, M.I. Road. Jaipur-3O2(X)3 Tel: 0141-565163/569899 Fax:0141-562610 E-mail: nijchcmKV'jp 1 .net.in

3.

MEGHALAYA

1. Mcghalaya Exporters Chamber ofConuncrcc. Mongrim Hills. Opp. Nagaland House Shillong-7903(X)3

2. Mcghalaya EXIM Chamber ofCommcrcc. UmsohsunSliillong-l

3, Mcghalaya Mineral Exporters GiambcrofCommcrcc Honcywood upper new colony, lailuinkhrah. Shillong-793(X)3

Marwar Chamber of Commerce
4. Bhiwadi Manufaciurcr's Association. S-56, BMA House. Industrial Area. Bhiwadi-301019. Dislt, Alwar Tcl:O1493-21134/238(X) Fnx: 21416/20228 E-mail:biinililniV/iidb.\siil,UQi.ln

TAMIL NADU

4. Mcghalaya International Exporters Chamber of Commerce. Davvki. Jaintia Hills

5. North East Federation on International Trade. Wallang House, Three pines colony, Laban. Shillong- 793004 Tel: 0364-504387 Fax:0364-505397 E-inail:ncfit(Wnchnc.com

1. All India Skindt Hide Tanners & Mcrchiuils Association, "Learner Centre". 53. Raja Mulhiah Road. Pcriiunci, Chcnnai-600003. Tel: 044-5389945/5274 Fax: (W4-5365292 E-iniiilaislidrafc/vsiil.coin 362 THE GAZETTE OF INDIA: EXTRAORDINARY

2.

[PART 1—SEC. 1] 12. The Southern India Chamber of Commerce and Industry, Indian Chambers Building. P.B. No 1208. Esplanade Chennai-600108.

TRIPUHA

Andhra Chamber of Commerce, 3, Rajaji First Street Lake Area, Nungambakkam, Post box No.3322, Chennai-600034 Tel: 044-8242287 Fax: 044-8242289

3. Hindustan Chamber of Commerce. Hindustan Chamber Building. 15. KondiChetty Street. Madrds^OOOOl. Tel: 044-5383134/6394

4.

1. Tripura Exporters-Importers Chamber of Commerce. KainarpukarPar. A.ARoad. P.O.Agartala College. Agartala (West) Pin- 799004

2. Purbachal Exim Chamber of Commerce. Ichai Sonapur Dharm Nagar. North Tripura. Tel: 03822-20851 E-mail:purt)achal-com@redJfEmaiLcom

UTTAR PRABESH/UTTRANCHAL

The Indian Chamber of Commerce & Industry. Chamber Tower, 8/732, Avanashi Road, Coimbatore-641018 Tel: 0422-214000/1. Fax:5368063 E-mail:icci2nd3.vsnl,nct.in

5. The Madras Chamber of Commerce & Industry. Karuniuttu Centre. 1st Floor, Dare House. North Beach Road. 434, Annasalai, Nandanam, Chennai-6O
6. The National Chamber of Commerce. NO.5&6. North Usman Road, 2nd Floor. T.Nagar. Chennai-600108. Tel: 04408229113

7. Salem Dharmapuri Qiamber of Commerce. B-7. Fairlands. Salem-636016 Tel: 0427-447473/448466

8. TlicTamil Chamber of Commerce, " 174. Thambu Chctty Street, PO.Box.No. 1661 Chcnnai-ftHXHH. Tel: 044-5231930/5228419

1. Eastern U.P, Chambers of Commerce & Industry. 29/27/1, C.Y.Chintamani Road. Daibhanga Colony. Allahabad-211001. Tel: 0532-10758 Fax:0532-461812 E-mail:adarbari(S)nda.vsnl.net.iji

2. Mercliants Chamber of Uttar Pradesh, 14/76, Civil Lines, Kanpur-208001 Tel: 0512-291306 Fax:0512-210684 E-mail: mercham@,bol.net,in

3. Upper India Chamber of Commerce. 14/113. Civil Lines. P.B.No, 63, Kanpur-208001 Tel: 0512-210684/543905 Fax. 0512-210684

4, Avadh Chamber of Commerce & Industry, Aishbagh Road, Lucknow: 226004 Tel: 263085,269785

<•).

Tamilnadu Chamber of Commerce & Industry, 4th Floor. 178-B. Kainaraja Salai, Madurai-625009. Tel. 0452-626751/52 Fax: 0452-626750 E-mail:chambcifir/)iid2.vsnl,net.ui

10. Indo-Australian Chamber of Commerce & Industries, Arjay Apex Centre. 3rd Floor, 24, College Road. Nungambakkam. Chcnnai-600 006 Tel: 044-8213231 Fax : 8225603 E-mail: jndonutrf.vsnl.nel.in

5, Eastern UP Exporter's Association, B-2, Guru Kripa Colony, P.O.BoxNo.2040, Nadesar. Varanasi-221002 Tel: 0542-345913 E-mail: [email protected]. in

6. Assistant Director. (Handicrafts;, Office of the Development Commissioner, (Handicrafts) 12/21 "9,near Darpan Cinema, Ambala road, Saharanpur-247001 Tel: 648530363 7. Associated Chamber or Commerce and Industry of Utter Pradesh,

3/465. Vislial Khand. P.O.Box.No 17

Gomti Nagar.

Lucknow-226010

Tel. No: 301956-57

Fa\No: 301958

E-mail:asochmupfr7j\v 1 .siinchar.net. in/

infofa.asoclianuip.org

Indian Chamber of Commerce, 5.

4, India Exchange Place,

Kolkatta-7(X)(X)1

Tel • 033-2203242-44

Fax: 033-2204790

E-mailicccal^giasclOl.vsnl.net.in 6. Oriental Chamber of Commerce, 6A, Dr.Rajcndra Prasad Sarani, WEST BENGAL

1. Bengal Clianibcrof Commerce & Industry.

P. B. No.2K0. Royal Exclnuigc.

(>. Nctaji Subhash Road

Kolkatta-7(KMK)1

Tel: 033-2203711/33/46

Fax-033-2201289

E-mail. bcnchcniY/caB.vsnl.ncl. in

2. Bengal National Chamber of Commerce
Kolkalla-7
Tel: 033-24X2951

Fax'033-24X7058/0387

E-mail :bncciwbncci com

3. Development Conimissioncr

Falta EPZ.

2nd MSO Building. Room No. 4.

Nizam Place. 234/4. AJC Bosc Road.

Kolkalla

4 Fedenilionof Biri.

Biri Lca\cs
1, Rupchand Roy Slrccl.

Kolkatla-7(X)(X)I

Tel • 033-23X4088

Kolkalta-7(MX)()1.

Tel: 033-22036O9/212O

Fa.\: 033-2203609

7 fihanil Chamber of Conmicrcc, 9, Park Mansions, 2nd Floor, 57 A, Park Slrccl, ,

Kolkatta-16

Tel: 033-2299591/9608

Fax: 033-2204947

E-mailbccto.cal2.vsnl nct.in Merchant Chamber of Commerce X.

15-B. Hcmanta Basu Sarani.

Kolkatta-I

Tel: 033-24X1502/6329/5912 Fax:033-2488657

E-mail, mcrchamto.cal.vsnl.ncl.in 9. Calcutta Chamber of Commerce IX-H. Park Street, Stephen Court, Kolkiilta-7(XM)71

Tel: O33-229O75X/229X236

Fax: 033-229X961

E-mail: calch}imbto>cal3.vsnl. net. in

APPENDIX-36

LIST OF SERVICES

I. BUSINESS SERVICES

A. Professional services

a. Legal sen ices

b. Accounting, auditing and book-keeping services

c. Taxation services

d. Architectural services

e Engineering services

I". Integrated engineering services g. Urban planning and landscape architectural services

h. Medical and dental services

SECTORS AND SUB-SECTORS 364 THE GAZETTE OF INDIA . EXTRAORDINARY

[PARTI—She 11 L Veterinary services

j Services provided by midwives, nurses, physiotherapists and paramedical personnel

k. Olhcrs

B. Computer and related services

a. Consultancy services related to the installation of computer hardware

b. Software Implementation services

c. Data processing services

d. Database services

e. Others

C Research and development services

a. R&D services on natural sciences

b. R&D services on social sciences and humanities

c. Interdisciplinary R&D services

D. Real estate services

a. Involving own or leased property

b. On a free or contract basis

E Rental/Leasing services without operators

a. Relating to ships

b. Relating to aircraft

c. Relating to other transport equipment

d. Relating to other machinery and equipment

e. Others

F. Other business services

a. Advertising services

b. Market research and public opinion polling services

c. Management consulting service

d. Services related to management consulting

e. Technical testing and analysis services

f Services incidental to agricultural, hunting and forestry

g. Services incidental to fishing

h. Services incidental to mining

i. • Services incidental to manufacturing

j. Services Incidental to energy distribution

k Placement and supply services of personnel

L Investigation and security

in Related scientific and technical consulting services

n. Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) o. Building- cleaning services365 p. Photographic services

q. Packaging services

r. Printing, publishing

s, Convention services

t. Others

2. COMMUNICATION SERVICES

A. Postal services

B. Courier services

C Telecommunication services

a. Voice telephone services

b. Packet-switched data transmission services

c. Circuit-switched data transmission services

d. Telex services

e. Telegraph services

f. Facsimile services

g. Private leased circuit services

h. Electronic mail

L Voice mail

j. On-line information and data base retrieval

k Electronic data interchange (EDI)

L Enhanced/value-added facsimile services including store and forward, store and retrieve

in Code and protocol conversion

n. On-line information and/or data processing (including transaction processing)

o Others

D. Audiovisual services

a. Motion picture and Video tape production and distribution service

b. Motionpicture projection service

c. Radio and television services

d. Radio and television transmission services

e. Sound recording

f. Others

E Others

3. CONSTRUCTION AND RELATED ENGINEERING SERVICES

A. General construction work for building

B. General construction work for Civil Engineering

C Installation and assembly work 366 THE GAZETTE OF INDIA : EXTRAORDINARY

[PARTI—SEC. 11 D. Building completion and finishing work

E Others

4. DISTRIBUTION SERVICES

A. Commission agents" services

B. Wholesale trade services

C. Retailing services

D. Franchising

E Others

5. EDUCATIONAL SERVICES

A. Primary¹ education services

B. Secondary education services

C Higher education sen ices

D. Adult education

E Other educational services

6. ENVIRONMENTAL SERVICES

A. Sewage services

B. Refuse disposal services

C Sanitation and similar services

D. Others

7. FINANCIAL SERVICES

A. All Insurance and Insurance-related services

a. Life, accident and health insurance sen ices

b. Non-life insurance sen ices

c. Reinsurance and retrocession

d. Services auxiliary to insurance (including brokering and agency services)

B. Banking and other Financial Services (excluding insurance)

a. Acceptance of deposits and other repayable funds from the public

b. Lending of nil types, including consumer credit, mortgage credit, factoring and financing of commercial transaction

c. Financial leasing

d. All payment and money transmission services

c. Guarantees and commitments

f. Trading for own account or for account of consumer, whether on an exchange, in an over-the-counter market or otherwise, the following :

money market instruments (cheques, bills, certificates ofdeposits, etc.)

dcri\ alive products including, but not limited to. futures and options

exchange rate and interest rale instruments, including products such as swaps, fonvard rale agreements. etc. transferable securities

other negotiable instruments and financial assets, including bullion367 g. Participation in issue of all kinds of securities, including under writing and placement as agent (whether publicly or privately) and provision of service related to such issues

h. Money binding

L Asset management, such as cash orportfolio management, all forms of collective investment management, pension fund management, custodial depository and trust services

j. Settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments

k. Advisory and other auxiliary financial services on all the activities listed in article IB of MTN.TNC/W/50. including credit reference and analysis, investment and portfolio research and advise, on acquisitions and own corporate restructuring and strategy

L Provision and transfer of financial information and financial data processing and related software by providers of other financial services,

C Other

8. HEALTH-RELATED AND SOCIAL SERVICES

(OTHER THAN THOSE LISTED UNDER 1. Ah-j,)

A Hospital services

B. Other human health services

C Social services

D. Other

9. TOURISM AND TRAVEL-RELATED SERVICES

A. Hotels and Restaurants (including catering)

B. Travel agencies and tour operators services.

C Tourist guides services

D. Others

10. RECREATIONAL, CULTURAL AND SPORTING SERVICES

(Other than audiovisual services)

A. Entertainment services (including theatre, live bands and circus services)

B. New agency services

C. Libraries, archives, museums and other cultural services

D. Sporting and other recreational services

E Others

11. TRANSPORT SERVICES

A. MARITIME TRANSPORT SERVICES

a Passenger transportation

b. Freight transportation

c. Rental of vessels with crew

d. Maintenance and repair of vessels

c. Pushing and towing services

f. Supporting services for maritime transport K)8 THE GAZETTE OF INDIA. EXTRAORDINARY

[PART I—SEC. 1] B. Intemal waterways transport

a. Passenger transportation

b. Freight transportation

c. Rental ofvcsscls with crew

d. Maintenance and towing sen ices

c. Supporting services for internal waterways transport

C Air transport sen ices

a. Passenger transportation

b. Freight transportation

c. Rental of aircraft with crew

d. Maintenance and repair ofaircrafl

c. Supporting sen ices for air transport

D SPACETRANSPORT

E RAIL TRANSPORT SERVICES

a Passenger transportation

b Freight transportation

c Pushing and lowing services

d. Maintenance and repair ol rail transport equipment

e Supporting services for rail transport services

F. ROAD TRANSPORT SERVICES

a Passenger transportation

b Freight transportation

c Rental ofCoiuinci cial vehicles with operator

d. Maintenance and repair of road transport equipment

c. Supporting services for road transport sen ices

G P1PELINETRANSPORT

a. Transportation of fuels

b Transportation of oilier goods

H. SERVICES AUXILIARY TO ALL MODES OF TRANSPORT

a. Cargo-handling sen ices

b Storage and warehouse services

c. Freight transport agency services

d. Others

I. OTHERSERVICESNOTINCLUDEDELSEWHERE369

APPENDIX-37

GUIDELINES FOR SETTLEMENT OF TRADE DISPUTES AND COMPLAINTS

Note: Please see paragraph 3.6.4 of the policy

Exporters should project a good image of the Country abroad to promote exports, With this objective in mind, an enduring relationship with foreign buyers is of the utmost importance, and trade disputes, whenever they arise, should be settled as soon as possible.

The majority of complaints from foreign buyers are with regard to quality. Other complaints are usually for unethical commercial dealings on the part of Indian exporters and can be categorised as non-suppl} of goods after confirmation of the orders, non-payment of agreed commission, non-adherence to the delivery schedule etc. The work relating to dealing such complaints of foreign buyers has been centralised with the Nodal Officer' and its assisting Cell viz,, the Trade Disputes Cell in the office of the Director General of Foreign Trades, Ministry of Commerce. Udyog Bhawan. New Delhi.

ACTION AGAINST ERRING EXPORTERS

A, Enforcement action in the office of Director General of Foreign Trade against erring exporters can be taken under the existing Rules & Regulations depending on the offence as follows :—

Non-payment of commission, supply of sub-standard goods, non-adherence of deliver.' schedules, indulgence in unethical commercial dealings, amount to breach of contract for which action can be taken under clause 7 of the Export (Control) Order, by which the Central Government or Director General of Foreign Trade or an authorised officer may debar an exporter from exporting any goods if he commits a willful breach of contract. This applies to the cases pertaining to a period prior to 19-6-1992. However, cases pertaining to a period on or after, 19-6-1992 enforcement action is taken in terms to Foreign Trade (Development & Regulation) Act, 1992 and Rules framed thereunder namely:

(i) Section 8 empowers the Director Genera) of Foreign Trade to suspend or cancel the Importer/ Exporter Code Number which is a prerequisite for any export or import, where the Director General of Foreign Trade has inter-alia reason to believe (a) that the exporter has committed an economic offence as specified by the Government or (b) that any person has made an export/import in a manner gravely prejudicial to the trade relations of India with any foreign country or to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of the country.

(ii) Section 9(4) empowers the Director General of Foreign Trade or the officer authorised by him to grant licence, to suspend or cancel any licence granted under the Act. Rule 10 of the Foreign Trade (Regulation) Rules, 1993 lays down the conditions for such cancellation under Section 9(4) of the said Act. This includes cases where the licence has been obtained by fraud, suppression of facts or misrepresentation and where the licensee has contravened any law relating to Custom or Foreign Exchange or the Rules & Regulations relating thereto.

(lii) Section 11(2) of the Act provides for imposition of fiscal penalty in cases where a person makes or abets or attempts to make any import or export in contravention of any provisions, of the Act, any Rules or Orders made thereunder or the Export-Import Policy. Rule 11 of the Foreign Trade (Regulation) Rules 1993 requires an exporter to state in the shipping bills or any other documents prescribed under the Customs Act, 1962, the value, quality and description of export goods to the best of his knowledge and belief and to certify that the quality and specification of the goods are in accordance with the terms of the export contract and has also to subscribe a declaration at the foot of such a document that the statements made by him are true.

(iv) Paragraph 14.6 ofthc Export-Import Policy AM 1997-—2002 empowers the Director General of Foreign Trade to take action against an exporter, if it comes to his notice or he has reason to believe, has made an'export in a manner gravely prejudicial to (1) trade relations of India with any foreign country; (2) to the interests of other persons engaged in exports ot imports and (3) has brought disrepute to the credit or the goods ofthc country.

(v) The Director General of Foreign Tjade has powers under para 13.9 of chapter 13 of the Hand Book of Procedures A.M. 1997—2002 formulated in exercise of powers conferred under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, to direct any Registering Authority to register or deregister 1079 QI20/02—26A 370 THE GAZETTE OF INDIA : EXTRAORDINARY

(PARTI—SEC. 11 an exporter or otherwise issue such directions to them consistent with and in order to implement the provisions of the Act, the Rules and Orders made thereunder, the Policy or the Hand Book. Besides, the Registering Authorities viz, Export Promotion Councils, Commodity Boards etc. may also take appropriate necessary action and view on the application furnished by the exporters for registration if, prima-facic, there are reasons to believe that he has indulged in any form of unfair, corrupt or fraudulent practice.

Adequate Opportunity is to be provided to the exporter to explain his stand before resorting to penal action by way of issuance of Show Cause Notice, personal hearing etc., as per rules.

B. Certain export products have been notified for Compulsory Quality Control and Pre-shipinent Inspection prior to their export. Penal action can be taken under the Export (Quality Control and Inspection) Act, 1963 as amended in 1984, against exporters who do not conform to the standards and or provisions of Act as laid down for such products.

COMPLAINTS

Besides Foreign Trade (Development & Regulation) Act and Export (Quality Control and Inspection) Act and Export (Quality Control and Inspection) Act, mere are other laws such as Indian Coffee Act, Tea Act, Coir Industry Act, Dangerous Drugs Act., Customs Act. etc. to ensure that only Quality products are exported. Inspite of these provisions, there are complaints from foreign buyers. It has, therefore, been decided by the Ministry of Commerce that in order to develop our export on a sustained and enduring basis and at the same time improve die image of our exports in international market, it is essential that such complaints are checked, sorted out and resolved quickly and amicably before taking recourse to penal action. At the same time ways and means should be found to reduce complaints/disputes to the minimum.

ORGANISATIONS RECEIVING COMPLAINTS

Information regarding trade complaints and disputes are being received by various organisations/departments, such as :

Indian Missions abroad;

Government of India, Ministry of Commerce;

Export Promotion Councils. Chamber of Commerce and Industry including F1EO;

Commodity Boards;

Indian Trade Promotion Organisation;

Export Inspection Council and Export'Inspection Agencies;

Directorate General of Commercial Intelligence and Statistics;

Reserve Bank of India and in respect of food items exported to USA, detentions published by USFD A and sent to the Government of India.

FORMATFOR LODGING COMPLAINTS

To initiate prompt and effective steps for redressing the grievance of overseas complainants and to avoid unnecessary correspondence, detailed information regarding the complaint should be furnished by the complainants in the first instance itself, This will not only help the investigation but will also minimise the time in examination of the complaint and in turn it's settlement. It has. therefore, been decided that complaints as far as possible, should be made in the prescribed proforma as per Annexure I and II, as the case may be. duly supported by photo copies or relevant documents preferably in duplicate.

MACHNERYFOR SETTLEMENT

The Export Commissioner/Joint Director General of Foreign Trade in the office of Director General of Foreign Trade, Udyog Bhavan. Maulana Azad Road, New Delhi-110 011 has been designated as the "Nodal Officer' for the purpose of dealing with trade disputes and complaints. It is imperative, therefore, that all information concerning a particular trade dispute or complaint is received by the "Nodal Officer" so as to arrange for its just and amicable settlement within a specified period.

Different Authorities including Missions are dealing with or referring the trade disputes and complaints to different agencies in Government of India. No uniform procedure is being followed which makes their monitoring difficult. It has now

1079 QI/2002—26B371 been decided by the Ministry of Commerce that all trade disputes and complaints including those registered with the Missions should be sent to the 'Nodal Officer' in the office of Director General of Foreign Trade, Udyog Bhavan, New Delhi who would take follow up action on these references. Details of such trade disputes and complaints sent to the 'Nodal Officer' however, may continue to be incorporated in the reports being sent to the respective Territorial Divisions in the Ministry of Commerce, hi many cases, such issues are referred to different agencies/Ministries in the Government of India without keeping the concerned Territorial Division in the Ministry of Commerce informed of the same and this affects the coordinating work of the Territorial Division in the Ministry of Commerce, who are expected to function as the nodal point for all matters relating to international trade relations with respect to their territory.

MECHANISM FOR RESOLVING DISPUTES

Complaints received by the Nodal Officer' in the office of Director General of Foreign Trade, Ministry of Commerce, Udyog Bhavan. New Delhi would be initially scrutinised and examined in the Trade Disputes Cell of this office specially created for the purpose and to assist the Nodal Officer' to discharge this function. Complaints would be broadly categorised into the following three categories:-

(i) Quality complaints:

(ii) Complaints other than quality complaints against registered exporters: and

(iii) Complaints oilier than those at (i) & (ii) above.

For complaints involving quality as well as other commercial considerations i.e. mixed complaints, the factor chiefly responsible for the complaint would form the basis for determining the authority to whom Uie complaint is to be referred for investigation and disposal.

QUALITY COMPLAINTS

1. A." Standing Committee"' under the chairmanship of the Additional Secretary/Chief Controller of Imports and Exports. Ministry of Commerce(Now Director General of Foreign Trade) was set up by the Ministry of Commerce in July. 1978 to examine complaints regarding the export of sub-standard goods and determine ways and means lo eliminate them. The Export Inspections Agency-Bombay (which is under the administrative and technical control of Export Inspection Council oflndia. Ministry of Commerce) was made centra] point to collect quality complaints from all sources and forward tlicin to Uic respective agencies for investigation and further action. In May. 1981. "Regional Committees' at Mumbai. Calcutta. Kochi. Delhi and Chcimai were setup. Five more regional Committees have also now been set up lo augment and lo investigate quality complaints at Ahmcdabad. Bangalore. Kanpur. Ludhiana and Hyderabad and who will examine quality complaints pertaining lo their region and initiate prompt and effective steps lo redress the grievances oflhc overseas buyers. These Committees will also be responsible lo suggest steps for arresting recurrence of such complaints and lo decide effective and appropriate penal action against the erring exporters and those found guilty and/or primarily responsible for attracling the complainls. The Regional Committees' arc composed of:

1. Joint Dircclor General of Foreign Trade —Chairman

2. Bureau of Indian Standard—Member

.1 Office of Agricultural Marketing Advisor—Member

4. Small Industries Service Instilulc-Mcmbcr

5. Reserve Bank of India-Member

(\ Officcr-in-chargc of Export Promotion attached lo (he office of Jl.DGFT-Mcmbcr

7, Export Promotion Council/Commodity Board/Trade Association-Invitees

8. Export Inspection Agcncy-Mcmbcr-Sccrclary,

The Regional Committees' will examine, consider and decide quality complainls in accordance with the guidelines for the purpose.

II The Nod*! Officer" or the Trade Disputes Cell in the office of Director General of Foreign Trade New Delhi will forward one copy ofthc complaint received lo the 'Regional Committee on Quality Complainls for speedy investigation, settlement and report and endorse a copy oflhis Idler lo Uic concerned Territorial Division in ihc Ministry of Commerce.

[PARTI—SEC.1] 372 THE GAZETTE OF INDIA : EXTRAORDINARY

III. The Regional Committees' will investigate and make all possible efforts to settle the dispute amicable within three months from the date of receipt of complaint. Where required, the "Regional Committee" may take the assistance of the Export Promotion Councils/Commodity Boards for settlement of the trade disputes.

IV If the disputes are settled to the satisfaction of foreign buyers through conciliations and/or if the Regional Committee' after considering the facts of the case, decides that there is no fault on the part of the Indian Exporter/Manufacturer and/or that the complaint is not genuine, the case will be treated as closed. A report will be sent to the Nodal Officer¹ or the Trade disputes Cell, office of Director General of Foreign Trade with a copy to the Concerned Territorial Division in Ministry of Commerce.

V In cases where the 'Regional Committee' fails, to settle a dispute amicable and conciliation does not take place and the matter does not go for arbitration etc. in terms of contract and the Regional Committee' find that the fault lies with the Indian Exporters or that they are not cooperating, such cases will be transferred to the 'Nodal Officer' or the Trade Disputes Cell with a copy to the Territorial Division in Ministry of Commerce along with their recommendation/report for further necessary action as per policy including in appropriate cases, legal action Deliberate malpractices on the part of the exporter shall be dealt with under the penal and adjudication provisions of the Export (Quality Control & Inspection) Act, 1963 as amended in 1984, erstwhile Import and Export (Control) Act, Export (Control) Act, 1992 and such other laws as may be found appropriate.

VL The "Nodal Officer' will consider such cases reported by the "Regional Committees' and after examination, initiate appropriate penal action to de-regisl cr/debar the exporter and/or take such action as per law as considered necessary, including, in appropriate cases, legal action depending upon the gravity of the offence.

VII. These Committees will submit monthly reports to the "Nodal Officer' who will monitor the progress of action taken for settlement of complaints and disputes.

VIE As mere settlement of the complaints and dispute would not be enough, the quality complaints and disputes would also be examined by the Export Inspection Agency (Which is under the administrative and technical control of the Export Inspection Council of India, Ministry of Commerce) as a Member-Secretary of the "Regional Committee" from technical point of view, to assess whether there had been any technical failure for which a complaint had been received. Such technical failure may be with regard to technical deficiency of not meeting the standard, manufacturing/design defects, etc. To eliminate such failures and avoid such complaints in future proper technical advice may be extended by the Export Inspection Agency to the manufacturers. This authority will also examine the aspect whether the incidence of complaints have increased by way of circumvention of the law and/or change of procedures and suggest remedial measures. This would enable stricter enforcement of the statutes to upgrade the quality and thereby image of country's export. A report in this regard would be sent to the Nodal Officer' in the office of (he Director General of Foreign Trade and also to the concerned Division of Ministry of Commerce.

IX. The "Regional Committee' will also send a consolidated quarterly report in respect of all cases referred to it with details ofaction taken to the Trade Disputes Cell in the office of Director General of Foreign Trade, COMPLAINTS OTHER THAN QUALITY COMPLAINTS AGAINST REGISTERED EXPORTERS (i) The "Nodal Officer' will arrange to forward one copy of the complaint received from the Trade Disputes Cell in the office of Dircclor General of Foreign Trade in the prescribed format or otherwise to Uie respective Registering Authority viz. Export Promotion Council/Commodity Board etc. as the case may be for investigation, settlement and report endorsing a copy of the letter to the concerned Territorial Division in the Ministry of Commerce for information.

(ii) The Export Promotion Council/Commodity Board (Registering Authority) would arrange to get these considered and examined tlirough a complaint Panel/Committee" Specially constituted for this purpose.

(iii) The 'Complaint Panel/Committee' would investigate and make efforts to settle the complaint amicable within three months from the date of receipt of the complaint from the office of the 'Nodal Officer' viz. Trade Disputes Cell.

(iv) The Council/Board will submit monthly reports lo Uie "Nodal Officer' who will monitor the progress of action laken for settlement of the dispute.

(v) If (he disputes are scltlcd to the satisfaction of the foreign buyer through conciliation, and/or of the Complaint Panel/Committee, after considering the facts of the case, decide that Uie Indian Exporter/Manufacturer is not to373 be blamed and/or llml the complaint is not genuine. the case will be closed and a report sent to the 'Nodal Officer" with a copy to Ihc concerned Territorial Division in the Ministry of Commerce.

(vi) In cases when the "Complaint Panel/Committee¹ fails to resolve a dispute amicably and conciliation does not take place and the Pancl/Commiitce feels that the fault lies with the Indian Exporter who is not cooperating, on its recommendation. Councils/Commodity Boards will take action to de-register such exporter after issue of show cause notice and a hearing The Nodal Officer' will be informed of the action taken and also of further action if warranted in the case.

(vii) Ifthc dispute is covered by an arbitration clause in the export contract or where the firms concerned agree to arbitration and a large financial stake is involved, the same will be transferred to the ''Indian Council of Arbitration" for consideration who will send a report to (he Nodal Officer' with a copy to the Territorial Division in t^c Ministry ofCoinmcrcc

(viii) In cases where (here is no arbitration clause or firms do not want arbitration and the sum involved is not significant and even on Hie recommendation of the Complaint Panel/Committee of/export promotion council/ Commodity board . it has not been possible to resolve the mailer or to take any action against the erring exporter, such cases will be reported to the Nodal Officer' for taking further necessary action as recommended by the 'Complaint P;incl/Cominittcc' etc.

(ix) The Nodal Officer' will consider such cases reported by the Complaint Panel/Committees' and after due examination and investigation and after exhausting reconciliation efforts lake action to de-register/debar the defaulting exporters by issue of show cause notice/hearing etc. and/or lake such action as necessary, as per rules ife regulation in force including in appropriate cases legal action, depending upon the gravity of offence.

(x) The Export Promotion Council /Commodity Boards will send a consolidated quarterly report in respect of all cases referred to them with details of action taken to the Trade Disputes Cell in the office of Director General of Foreign Trade.

OTHER COMPLAINTS

(i) The "Nodal Officer' will have these cases examined and dealt with in the trade disputes cell in the office of Director General of Foreign Trade. Initially efforts will be made to arrange for settlement of the complaint amicably, failing which action will be taken against the erring firms in terms ofthc Foreign Trade (Development & Regulation) Act In cases where it is felt that action has to be taken by any other authority in Government of India, such cases will be referred to respective competent authority for suitable action as per the gravity ofthe offences

(ii) The Nodal Officer" will send a report of action taken in such cases against the exporters to the concerned Tcrrilorial Division in the Ministry ofCommcrcc. Efforts will be made to concretise action in such cases within three months of the receipt of the complaint.

(iii) These complaints shall be analysed to ascertain their cause and evolve remedial measures by way ofrcfcrcnce to Ihc concerned authority to avoid recurrence of such complaints in future.

The Secretarial ofihc "Nodal Officer" viz the Trade Disputes Cell in the office ofthc Director General of Foreign Trade shall also maintain a dala base of importers lodging complaints against Indian exporters, as well as, data base of such exporters against whom complaints have been received. It shall also identify commodities for which the incidence ofquality complaints are frequent and will interact with the concerned Commodity Division in the Ministry ofCommcrcc for evolving measures lo arrest ihcir incidence.

While Ihc respective Tcrrilorial Division in Ihe Ministry of Commerce will be the repository of all complaints received in respect of ihcir territory and for coordination work rclaling iherclo as the nodal poinl.forall matters relating lo international irade of their territory, ii shall be the Nodal Officer' in the office of Director General of Foreign Trade, Udyog Bhavan. New Delhi who would be follow ing up on'lhcsc complaints for their rcdrcssal and remedial measures.

The complaints of Indian exporters/importers against their importers/exporters abroad received in the office oftlic Nodal Officer in Ihc office of Director General of Foreign Trade will be referred lo the concerned Missions abroad for arranging for Ihcir amicable sclllcmcnl. The Missions shall keep Ihc Nodal Officer' informed of the action taken on such reference w ilh an endorsement directly lo such complainants and respective EPCs/CBs for any follow-up action such as publication of ihc names of such defaulting Importers/Exporters in their journal by way of information/warning to all 374 THE GAZETTE OF INDIA : EXTRAORDINARY

[PARTI—SEC, 11 concerned Exporter and Importer firms. A data base of such cases shall also be maintained in theTrade Disputes Cell in the office of Director Genera} of Foreign Trade, Udyog Bhavan, New Delhi.

ANNEXURE-I PROFORMA FOR INVESTIGATION OF QUALITY COMPLAINTS

(To be filled in by the complainants)

1. Complaint lodged by

(Name & full address)

2. Against whom

(Name & full address)

3. Whether the supplier is a merchant exporter or a manufacturer exporter

4. Particulars of complaint

(Attach separate sheets if required)

5. Total quantity & value of consignment

(Please furnish copy of shipping invoices)

6. Quantity & amount of claim, if any

7. Particulars of contract/L.C. if any giving details of technical requirements stipulated (copy may be furnished) 8. Whether any sample was approved?

(Give particulars)

9. Whether any agency was nominated for inspection prior to shipment.

10. Date of arrival of goods at the destination port,

11. Condition of the goods at destination port.

12. Bill of Lading/Airways Bill No.(Copy may please be furnished)

13. Whether consignment was in sealed condition? If so, give particulars of seal used.

14. Whether exporter forwarded copy of inspection certificate (Please furnish copy)

15. (a) Whether any independent survey of the goods was done (Please furnish copy of every report) (b) Whether survey was carried out with or without the consent of supplier?

16. Whether quality defects were also covered by insurance (for perishable goods)

17. Whether imports were effected from this supplier/exporter in the past?

18. Any complaints on past supplies & its mode of settlement,

19. Whether further orders have been placed with this supplier/exporter subsequently?

20. Any other information that may be of assistance in Investigation of this complaint.

The foregoing Information/particulars are true to the best of our knowledge and belief.

Place

full address of the firm name

Date

Signature

(Name in Capital Letters)

Designation .175

ANNEXURE-II PROFORMA FOR INVESTIGATION OF COMPLAINTS

(other than quality complaints)

FOR USE OF COMPLAINTS

1. Complaint lodged by (Name & full address)

2. Against whom (Name &, full address)

3. Whether the supplier is a mercliant exporter or a manufacturer exporter'?

4. Particulars of complaint (Please furnish details)

(a) Non-payment of Commission:

(i) Export order/LC (Copy may be furnished)

(ii) Agency agreement (Copy may be furnished)

(iii) Export invoice (Copy may be furnished)

(iv) Amount & due date as commission

(v) Copies of correspondence exchanged (Furnish)

(vi)Any complaint in the past and mode of settlement

(b) Non-execution of export order:

(i) Export order/LC (Copy may be furnished)

(ii) Whether any sample was approved (Give details)

(ui) Copies of correspondence exchanged

(iv) Was anything pending from your end?

(v) Reasons for delay/non-execution, as for as known

(c) Short supplies:

(i) Whether any agency was nominated for inspection prior to export?

(Furnish details including inspection certificate, if any)?

(ii) Short landing survey certificate (Copy may be furnished)

(m) Whether any survey was carried out at port of destination

(Please enclose copy)

(iv)Packing list (Please enclose copy)

(v) Reason for short landing as for as known,

(vi) Copies of correspondence exchanged.

5. Whether imports were effected from the same exporter in the past?

6. Any complaint on post suppliers and mode of settlement.

7. Whether further orders have been placed with the same exporter?

8. Any other information that would help in investigation of the complaint.

The forgoing information/particulars are true to the best of out knowledge and belief.

Place

Signature

Date

Name

Designation

Seal with address & name of firm, 3 76 THE GAZETTE OF INDIA ; EXTRAORDINARY

[PART I—SEC. 11

APPENDDM8

UST OF NODAL OFFICERS NOMINATED TO ASSIST EXPORTERS

Note: Plffw' c see Para;rraph 9.8 of this Handbook

Ministry/Department

SI. No.

Name & Address

Tel.No/Fax/E-MalL

(4)

(2)

{{^{{FOOTNOTE (1)}}}}

CO

3382226

1. Ministry of Agriculture

S.S.PrasadDir. (Plant Protection) R.No. 150A,KrishiBhawan New Delhi

4610366,4603362(F) 2. Ministry of Civil Aviation and Tourism

A. V.Chaturvedi. Director Department of Civil Aviation R.No. 170,'B¹ Block. Rajiv Gandhi Bhavan, Safdarjung Airport. New Delhi

3.

4362131

Ministry of Environment and Forests

8377 (4)

(3)

(1)

4363078

Department of Electronics

12.

S.Lakshminarayan, JS R.No. 1028, Electronics Niketan, 6, CGO Complex, Lodhi Road, New Delhi

3013696

13. Department of industrial Policy and Promotion

I. Srinivas, Director R.No.256A, UdyogBhavan, New Delhi

3716291,3714893 (F) 14 Department of Posts

P.K.Chatterjee, Dy. Dir. General (International Relations) R.No. 331,DakBhavan, New Delhi

3016332

15. Department of Small Scale and Rural Industries

Shankar Agarwal, Joint Secretary R.No. 122-B, UdyogBhavan, New Delhi

16.

3016466 [email protected] Directorate General of Foreign Trade

Dr. Anup K.Pujari Addl.DGFT R.No.9, UdyogBhavan New Delhi

APPENDIX-39

The following Act of Parliament received the assent of the President on the 7th August, 1992, and is hereby published for general information :•*--

THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 NO. 22

OF 1992

(7th August, 1992)

An Act to provide for the development and regulation of foreign trade by facilitating imports into, and augmenting exports from India and for matters connected therewith or Incidental thereto,

Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

Short title and commencement

1.(1) This Act may be called the Foreign Trade (Development and Regulation) Act, 1992.

(2) Sections 11 to 14 shall come into force at once and the remaining provisions ofthis Act shall be deemed to have come into force on the 19th day of June 1992.

Definitions.

2, In this Act, unless the context otherwise requires :—

(a) "Adjudicating Authority" means the authority specified in, or under, section 13;

(b) "Appellate Authority" means the authority specified in, or under, sub-section (1) of section 15;

(c) "conveyance" means any vehicle, vessel, aircraft or any other means of transport including any animal;

(d) "Director General" means the Director General of Foreign Trade appointed under section 6;

378 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART I—SEC. 1] (e) "import" and "export" means respectively bringing into, or taking out of, India any goods by land, scaorair;

(0 "Importer-exporter Code Number" means the Code Number granted under section 7;

(g) "licence" means a licence to import or export and includes a customs clearance permit and any other permission issued or granted under this Act;

(h) "Order" means any order made by the Central Government under section 3; and

(1) "Prescribed" means prescribed by rules made under this Act.

CHAPTER n

POWER OF CENTRAL GOVERNMENT TO MAKE ORDERS AND ANNOUNCE EXPORT AND IMPORTPOLICY Powers to make provision relating to imports and exports.

3 ( 1) The Central Government may by Order published in the Official Gazette, make provision for the development and regulation of foreign trade by facilitating imports and increasing exports.

(2) The Central Government may also, by Order published in the Official Gazette, make provision for prohibiting, restricting or otherwise regulating, in all cases or in specified classes of cases and subject to such exceptions, if any, as may be made by or under the Order, the import or export of goods.

(3) All goods to which any Order under sub-section (2) applies shall be deemed to be goods the import or export of which has been prohibited under section 11 of the Customs Act, 1962 and all the provisions ofthat Act shall have effect accordingly.

Continuance of existing orders

4. All Orders made under the Imports and Exports (Control) Act, 1947 and in force immediately before the commencement of this Act shall, so far as they arc not inconsistent with the provisions of this Act, continue to be in force and shall be deemed to have been made under this Act.

Export and import policy

5 The Central Government may. from time to time, formulate and announce by notification in the Official Ga/.cllc, the export and import policy and may also, in the like manner, amend that policy.

Appointment of Director General and his functions.

6. ( I) The Central Government may appoint any person to be the Director General of Foreign Trade for the purposes of this Act.

(2) The Director General shall advise the Central Government in the formulation of the export and import policy and shall be responsible for carrying out that policy.

(3) The Central Government may, by Ordcrpublishcd in the Official Gazette direct that any powercxcrcisable by it under this Act (other than the powers under sections 3,5,15,16and 19) may also be exercised, in such cases and subject to such conditions, by the Director General or such oilier officer subordinate to the Director General, as may be specified in the Order

CHAPTER UI

1MPORTER-EXPORTERCODENUMBERANDUCENCE

Importer-exporter Code Number.

7, No person shall make any import or export except under an Importer-exporter Code Number granted by the Director General or the officer authorised by the Director General in this behalf, in accordance with the procedure specified in this behalf by the Director General.

Suspension and cancellation of Importer-exporter Code Number,

X. (I) Where.—

(a) any person has contravened any law relating to Central excise or customs or foreign exchange or has committed any other economic offence under any other law for the time being in force as may be specified by the Central Government by notification in the Official Gazette, or379 (b) the Director General has reason to believe that any person has made an export or import in a manner gravely prejudicial to the trade relations of India with any foreign country or to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of the country, the Director General may call for the record or any other information from that person and may, after giving to that person a notice in writing infonninghim of the grounds on which it is proposed to suspend or cancel the Importer-exporter Code Number and giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard, suspend for a period, as may be specified in the order, or cancel the Importer-exporter Code Number granted to that person.

(2) where any Importer-exporter Code Number granted to a person has been suspended or cancelled under sub- section (1), that person shall not be entitled to import or export any goods except under a special licence, granted, in such manner and subject to such conditions as may be prescribed, by the Director General to that person.

Issue, suspension and concellation of licence.

9. (l)The Central Government may levy fees, subject to such exceptions, in respect of such person or class of persons making an application for a licence or in respect of any licence granted or renewed in such manner as may be prescribed.

(2) The Director General or an officer authorised by him may, on an application and after making such inquiry as he may think fit, grant or renew or refuse to grant pr renew a licence to import or export such class or classes of goods as may be prescribed, after recording in writing his reasons for such refusal.

(3) A licence granted or renewed under this section shall—

(a) be in such form as may be prescribed;

(b) be valid for such period as may be specified therein; and

(c) be subject to such terms, conditions and restrictions as may be prescribed or as specified in the licence with reference to the terms, conditions and restrictions so prescribed.

(4) The Director General or the officer authorised under sub-section (2) may, subject to such conditions as may be prescribed for good and sufficient reasons, to be recorded in writing suspend or cancel any licence granted under this Act;

Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.

(5) An appeal against an order refusing to grant, or renew or suspending or cancelling, a licence shall lie in like manner as an appeal against an order would lie under section 15,

CHAPTER IV

SEARCH, SEIZURE, PENALTY AND CONFISCATION

Power relating to search and seizure

10. (1) The Central Government may, .by notification in the Official Gazette, authorise any person for the purposes of exercising such powers with respect to entering such premises and searching inspecting and seizing of such goods, documents, things and conveyances subject to such requirements and conditions, as may be prescribed.

(2) The provisions of the Code of Criminal Procedure, 1973 relating to searches and seizures shall, so far as may be, apply to every search and seizure made under this section.

Contravention of provisions of this Act, rules, orders and export and import policy.

11. (1) No export or import shall be made by any person except in accordance with the provisions of this Act, the rules and orders made thereunder and the export and import policy for the time being in force,

(2) Where any person makes or abets or attempts to make any export or import in contravention of any provision of this Act or any rules or orders made thereunder or the export and import policy, he shall be liable to a penalty not exceeding one thousand rupees or five times the value of the goods in respect of which any contravention is made or attempted to be made, whichever is more.

380 THE GAZETTE OF INDIA: EXTRAORDINARY

[PART 1—SEC. 1] (3) Where any person, on a notice to him by the Adjudicating Authority, admits any contravention, the Adjudicating Authority may, in such class or classes of cases and in such manner as may be prescribed, determine, by way of settlement, an amount to be paid by that person.

(4) A penalty imposed under this Act may, if it is not paid, be recovered as an arrcar of land revenue and the Importer-exporter Code Number of the person concerned, may, on failure to pay the penalty by him, be suspended by the Adjudicating Authority till the penalty is paid.

(5) Where any contrav cntion of an provision of this Act or any rules or orders made thereunder or the export and import policy has been, is being or is attempted to be made, the goods together with any package, covering or receptacle and any conveyances shall, subject to such requirements and conditions as may be prescribed, be liable to confiscation by the Adjudicating Authority.

(6) The goods or the conveyance confiscated under sub-section (5) may be released by the Adjudicating Authority, in such manner and subject to such conditions as may be prescribed, on payment by the person concerned of the redemption charges equivalent to the market value of the goods or conveyance, as the case may be.

Penalty or confiscation not to interfere with other punishments.

12. No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force.

Adjudicating Authority

13. Any penalty may be imposed or any confiscation may be adjudged under this Act by the Director General or, subject to such limits as may be specified, by such other officer as the Central Government may by notification in the Official Gazette, authorise in this behalf.

Giving of opportunity to the owner of the goods, etc.

14. No order imposing a penalty or of adjudication of confiscation shall be made unless the owner of the goods or conveyance or other person concerned, has been given a notice in writing -

(a) informing him of the grounds on which it is proposed to impose a penalty or to confiscate such goods or conveyance; and

(b) to make a representation in writing within such reasonable time as may be specified in the notice against the imposition of penalty or confiscation mentioned therein, and, if he so desired, of being heard in the matter.

CHAPTER V

APPEAL AND REVISION

15. (1) Any person aggrieved by any decision or order made by the Appeal. Adjudicating Authority under this Act may prefer an appeal-

fa) where the decision or order has been made by the Director General, to the Central Government, (b) where the decision or order has been made by an officer subordinate to the Director General, to the Director General or to any officer superior to the Adjudicating Authority authorised by the Director General to hear the appeal;

within a period of forty-five days from the date on which the decision or order is served on such person:

Provided that the Appellate Authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the aforesaid period, allow such appeal to be preferred within a further period of thirty days:

Provided further that inthecaseofan appeal against a decision or order imposing a penalty or redemption charges, no such appeal shall be entertained unless the amount of penalty or redemption charges has been deposited by the appellant;

Provided also that, where the Appellate Authority is of opinion that the deposit to be made will cause undue hardship to the appellant, it may, at its discretion dispense with such deposit either unconditionally or subject to such conditions as it may impose.
381
(2) The Appellate Authority may, after giving to the appellant a reasonable opportunity of being heard, if he so desires, and after making such further inquiries, if any, as it may consider necessary, make such orders as it thinks fit, confirming, modifying or reversing the decision or order appealed against, or may send back the case with such directions as it may think fit. for a fresh adjudication or decision, as the case may, be after taking additional evidence if necessary:

Provided that an order enhancing or imposing a penalty or redemption charges or confiscating goods of a greater value shall not be made under this section unless the appellant has been given an opportunity of making a representation, and if he so desires of being heard in his defence.

(3) The order made in appeal by the Appellate Authority shall be final.

Revision.

16,.The Central Government in the case of any decision ororder, not being a decision or order made in an appeal, made by the Director General, or the Director General in the case of any decision or order made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding in which a decision or an order imposing a penalty or redemption charges or adjudicating confiscation has been made and against which no appeal has been preferred, for the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propriety of such decision or order and make such orders thereon as may be deemed fit;

Provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such ;

(a) lias, within a period of two years from the date of such decision ororder, received a notice to snow cause why such decision ororder shall not be varied, and

(b) has been given a reasonable opportunity of making representation and, if he so desires, of being heard in his defence.

Powers of Adjudicating an other Authorities.

17.(1) Every authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall have all the powers of a civiljcourt under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely :—

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record or copy thereof from any court or office;

(d) receiving evidence on affidavits; and

(e) issuing commissions for the examination of witnesses or documents.

(2) Every authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973.

(3) Every authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall have the power to make such orders of an interim nature as it may think fit and may also, for sufficient cause, order the stay of operation of any decision or order,

(4) Clerical or arithmetical mistakes in any decision ororder or errors arising therein from any accidental slip or omission may at any time be corrected by the authority by which the decision or order was made, either on its own motion or on the application of any of the parties:

Provided that where any correction proposed to be made under this sub-section will have the effect of prejudicially affecting any person, no such correction shall be made except after giving to that person a reasonable opportunity of making a representation in the matter and no such correction shall be made after the expiry of two years from the date on which such decision or order was made.

382 THE GAZETTE OF INDIA: EXTRAORDINARY

[PARTI—SEC, 11

CHAPTER VI

MBCEUANEOUS

Protection of action taken in good faith

18. No order made or deemed to have been made under this Act shall be called in question in any court, and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any order made or deemed to have been made thereunder.

Power to make rules.

19. (l)The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the manner in which and the conditions subject to which a special licence may be issued under sub- section (2) of section 8;

(b) the exceptions subject to which and the person or class of persons in respect of whom fees may be levied and the manner in which a licence may be granted or renewed under sub-section (1) of section 9;

(c) the class or classes of goods for which a licence may be granted under sub-section (2) of section 9;

(d) the form in which and the terms, conditions and restrictions subject to which licence may be granted under sub-section (3) of section 9;

(e) the conditions subject to which a licence may be suspended or cancelled under sub-section (4) ofsection 9;

(f) the premises, goods, documents, things and conveyances in respect of which and the requirements and conditions subject to which power of entry, search, inspection and seizure may be exercised under sub-section (1) of section 10;

(g) the class or classes of cases for which and the manner in which an amount by way of settlement, may be determined under sub-section (3) ofsection 11;

(h) the requirements and conditions subject to which goods and conveyances shall be liable to confiscation under sub-section (5) ofsection 11;

(i) the manner in which and the conditions subject to which goods and conveyances may be released on payment of redemption charges under sub-section (6) ofsection 11; and

0) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules.

(3) Every rule and every Order made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each house of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or the Order or both Houses agree that the rule or the Order should not be made, die rule or the Order, as the case may be, shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or the Order

Repeal and saving

20. (1) The Imports and Exports (Control) Act, 1947 and the Foreign Trade (Development and Regulation) Ordinance, 1992 arc hereby repealed.

(2) The repeal of the Imports and Exports (Control) Act. 1947 shall however, not affect —

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired accrued or incurred under the Act so repealed; or383 (c) any penally, confiscation or punishment incurred in respect of any contravention under the Act so repealed; or

(d) any proceeding or remedy in respect of any such right, privilege obligation, liability, penalty, confiscation or punishment as aforesaid,

andany such proceeding or remedy may be instituted, continued or enforced and any such penalty, confiscation or punishment may be imposed or made as if that Act had not been repealed. Ord. 11 of 1992.

(3) Notwithstanding the repeal of the Foreign Trade (Development and Regulation) Ordinance, 1992, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

APPENDIX- 39A

MINISTRY OF COMMERCE

(Director General of Foreign Trade)

ORDER

New Delhi the 31 st December, 1993

S.O. 1056(E)—In exercise of the powers conferred by section 3, read with section 4, of the Foreign Trade (Development and Regulation) Ad, 1992 (22 of 1§992) and in supersession of the Imports (Control) Order, 1955 and the Exports (Control) Order, 19KK, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following order, namely:—

1. Short title and commencement.

(1) This Order may be called the Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993,

(2) It shall come into force on the date of its publication in the Official Gazette.

2. Definitions.

In Uiis order, unless the context otherwise requires:—

(a) • Act" means the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992);

(b) "Import Trade Regulations" means the Act and the rules and order made thereunder and the export and import policy:

(c) "Rules" means the Foreign Trade (Regulation) Rules, 1993;

(d) Words and expressions used in this Order and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Exemption from the application of rules.—

(1) Nothing conlaincd in the Rules shall apply to the import of any goods,

(a) by the Central Government or agencies, undertakings owned and controlled by the Central Government for Defence purposes;

(b) by the Central Government or any State Government Statutory Corporation, public body or Government Undertaking run as a joint Stock Company through the agency of the Purchase Organisations ofthc Ministry of Supply, thai is India Supply Mission, London and India Supply Mission, Washington;

(c) by ihc Central Government, any State Government or any statutory corporation or public body or Government Undertaking run as a joint Stock Company, orders in respect of which arc placed through Ilic Dirccloralc General, Supplies and Disposals, New Delhi;

(d) by transshipment or imported and bonded on arrival for re-export as ships stores to any country outside India except Nepal and Bhutan or imported and bonded on arrival for re-export as aforesaid but subsequently released foruscof Diplomatic personnel. Consular Officers in India and the officials of the United Nations Organisation and its specialised agencies who arc exempt from payment of duty under 384 THE GAZETTE OF INDIA EXTRAORDINARY

[PARTI—SEC, 1] the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 3 dated 8th January, 1957 and the United Nations (Privileges and Immunities) Act, 1947(46 of 1947) respectively;

(e) imported and bonded on arrival for sale at approved duty-free shops, whether to outgoing or incoming passengers, against payments in free foreign exchange:

(f) which are in transit through India by post orotherwise, or are redirected by post or otherwise to a destination outside India, except Nepal and Bhutan provided that such goods while in India are always in the custody of the postal or customs authorities;

(g) for transmission across India by air to Afghanistan or by land, to any other country outside India, except Nepal and Bhutan under claim for exemption from duty or for refund of duty either in whole or in part;

Provided that such goods arc imported by or on behalf of the Government or a country bordering on India or that the importer undertakes to produce within a specified period evidence that such goods have crossed the borders of India or in default to pay such penalty as the proper officer of customs may deem fit to impose on such goods: provided further that nothing contained in this item will exempt any goods from the Import Trade Regulations;

(h) by the person as passenger baggage to the extent admissible under the Baggage Rules for the time being in force except quinine exceeding five hundred tablets or 1/3 lb powder or one hundred ampoules:

Provided that in the case of imports by a tourist, articles of high value whose reexport is obligatory under nil e 7 of the tourist Baggage Rules, 1978 shall be re-exported on his leaving India, failing which such goods shall be deemed to be goods of which the import has been prohibited under the Customs Act, 1962 (52 of 1962):

Provided further that the import of gold in any form including ornaments (but excluding ornaments studded with stones or pearls) will be allowed as part of baggage by passengers of Indian origin or a passenger holding a valid passport issued under the Passports Act, 1967 (15 of 1967) subject to the following conditions namely:—

(a) that the passenger importing the gold is coming to India-after aperiod of not less than six months of stay abroard,

(b) the quantity of gold imported shall not exceed 5 kilograms per passenger;

(c) import duty on gold shall be paid in convertible foreign currency; and

(d) there will be no restriction on sale of such imported gold;

CO by any person through the post or otherwise for his personal use, or by any institution or hospital for its use except-

(a) vegetable seeds exceeding one lb. in weight;

(b) bees;

(c) tea;

(d) books, magazines, journals and literature which are not allowed to be imported under the policy for the time being in force,

(e) goods, the import of which is. canalised under the Policy;

(f) alcoholic beverages,

(g) fire arms and ammunition;

(h) consumer electronic items (except hearing aids and life saving equipments, apparatus and appliances and parts thereof): Provided that the c.i.f value of goods imported as aforesaid at any one time shall not exceed rupees two thousand.
385
0) by or on behalf of diplomatic personnel, consular officers and Trade Commissioners in India who are exempted from payment of Customs duty under Notification No. 3 dated the 8th January, 1957 of the Government of India in the Ministry of Finance (Department of Revenue);

(k) from any country, which are exempted from Customs duty on re-importation under Section 20 of the Customs Act, 1962 (52 of 1962) or under Customs Notification Nos. 113 dated 16th May. 1957.103 dated 25thMarch. 1958, 260and261 dated 11thOctober, 1958, 269,271.273,274,275, and276dated.25th October, 1958 and 204 dated 2nd August, 1976, of the Government of India, Ministry of Finance (Department of Revenue), or Notification No. 174 dated the 24th September. 1966 or Notification No. 103 dated the 16th May, 1978, of the Government of India, Ministry of Finance (Department of Revenue and Insurance) or Notification No. 80 dated 29th August, 1970;

(1) of Indian manufacture and foreign made parts of such goods, exported and received back by the manufacture from the consignee for repair and re-export: Provided that

(i) the customs authorities are satisfied that the goods received back by die said manufacturers are the same which were so exported: and

(ii) in the case of goods other than those exempted from customs duty on re-importation under Customs Notification No. 132 dated 9th December, 1961 a bond is executed by the importer with the customs authority at the port concerned to the effect that die goods thus imported will be re-exported after repair within six months;

(m) by officials of the United Nations Organisation and its specialised agencies who arc exempted from payment of Customs duty under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947);

(n) by the Ford Foundation who are exempt from payment of Customs duty under an Agreement entered into between the Government of India and the Ford Foundation;

(o) being vehicles as defined in Article I of the Customs Convention on the Temporary Importation of Private Road Vehicles or the component parts thereof referred to in Article 4 of the said Convention and which are exempted from payment of customs duty under the notification of the Government of India in the Ministry of Finance (Department of Revenue) No, 296 dated the 2nd August, 1976:

Provided that

(i) such vehicles or component parts are reexported within the period specified in the said notification or within such further period as the customs authorities may allow :

(ii) the provisions of the said notification or of the "triptyque or Carncl-De-Passage" permit are not contravened in relation to such vehicle or component parts;

Provided further that nothing contained in this item shall prejudice the application to the said vehicles or component parts of any other prohibition or regulation affecting the import of goods that may be in force at the time of import of such goods;

(p) being goods imported temporarily for display or use in fairs, exhibitions or similar events specified In Schedule I to the notification of the Government of India hi the Ministry of Finance (Department of Revenue) No. 157/90/CUSTOMS, dated the 28th March, 1990 against ATA Camets under the Customs Convention on the ATA Carnets for temporary admission of goods (ATA Convention) done at Brussels on the 30th July, 1963.

Provided that

(i) such goods are exported within a period of six months from the date of clearance or such extended period as the Central Government may allow in each case; and

(ii) the provisions of the said notification or of the ATA convention are not contravened:

Provided further that nothing contained in this item shall prejudice the application to the said goods of any other prohibition or regulation affecting the import of goods that may be in force at the time of import of such goods;

(q) covered by an import licence issued by His Majesty's Government ofNepal and the importer fumishesa bond to the proper officer of customs in the form prescribed by such officer with a Scheduled Bank as surety to the effect that he shall pay the duty and pay penalty imposed for contravening Import Trade 1079 GI/2O02—27A .186 THE GAZETTE OF INDIA: EXTRAORDINARY

IPARTI—SEC. 11 Regulations in respect of the whole or any portion of the goods which is not proved to have entered the territory'of Nepal;

(r) of Indian manufacture or by the central Government or any State Government for repair and re-export to Indian Embassies abroad or to any other office of the Central Government or State Government in a foreign country;

(s) being foodgrains. by Food Corporation of India: Provided that at the time of clearance, a declaration to the effect that the import in question has been approved by the Central Government, is furnished by the importer to the Customs authorities;

(t) being articles of food and edible material, which arc supplied as free gift by the agencies approved by the United Nation Organisation and which are exempted from payment of customs duty .under the Notification of Government of India in the Ministry of Finance (Department of Revenue) No. GSR 766 dated 21st June. 1975.

(2) Nothing contained in the Rules shall apply to -

(a) any goods exported by or under the authority of the Central Government:

(b) any goods other than food-stuffs constituting Uic stores or equipment of any outgoing vessel or conveyance;

(c) any goods constituting the bona fide personal baggage of any person, including a passenger or member of a crew in any vessel or conveyance, going out of India!

Provided that the Wild Life (dead, alive or part thereof or produce therefrom) shall not be treated as part of such personal baggage;

(d) any goods exported by post or by air under the conditions specified in postal notice issued by the Postal Authorities:

(c) any goods transhipped at a port in India after having been manifested for such transhipment at the lime of despatch from a port outside India;

(0 any goods imported and bonded on arrival in India for re-export to any country outside India, except Nepal and Bhutan;

(g) any goods in transit through India by post or any goods rc-dircclcd by post to a destination outside India excepi Nepal and Bhutan;

Provided that such goods while in India arc always in the custody of the postal authorities;

(h) any goods imported without a valid import licence and exported in accordance with an order for the export of such goods made by the proper officer of Customs.

,(i) products approved for nianufacHircin and export from the respective Free Trade Zones/Export Processing Zones and 100 percent Export Oriented Units except textile item covered by bilateral agreements, exports to Rupee Payment countries under the Annual Trade Protocol and Exports against payment in Indian Rupees to former Rupee payment countries :

Provided dial conditions imposed in the letter of approval/letter ofindcnl on Export Oriented Unit or Export Processing Zone will be binding on such a unit;

(j) export of Blood group OH (Bombay Phonolype) meant for scientific research or emergency medical treatment as life saving measure on humanitarian grounds by the Director, National Blood Group Reference Laboratory¹, Bombay on the basis ofa certificate issued by him to this effect in each case:

(k) export of samples oflubricating oil additives, Lube Oil, Crude Oil and oilier related petroleum products and raw materials used to manufacture Lube Additives by Lubrizols India Limited. Hindustan Petroleum Corporation Limited, and Bharat Petroleum Corporation Limited, from their installation in India to Lubri/ol's Laboratories in the United Slates of America and the United Kingdom for evaluation and testing purposes.

iFilcNo. 2I/I1/92-LSI

DR.P.LSANJEEVREDDY,

Director General of Foreign Trade and Ex-Officio Addl. Secy

1079 OI20/02—27B
387
NOTIFICATION

New Delhi, the 31 st December. 1993

S.O. 10S7(E).—In exercise of the powers conferred by sub-section(l) of Section 10 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Government hereby authorises the officers specified in the Table below to exercise powers with respect to entering such premises and searching, inspecting and seizing of such goods, documents, things and conveyances as are specified in rule 17 of the Foreign Trade (Regulation) Rules, 1993, subject to the requirements prescribed therein.

TABLE

S.No.

Designation of officer

1.

Director General of Foreign Trade

2.

Additional Director General of Foreign Trade

3.

Joint Director General of Foreign Trade

4.

Deputy Director General of Foreign Trade

5.

Assistant Director General of Foreign Trade

6.

Controller of Imports and Exports

[File No, 21/11/92-LS]

DR. P. L. S ANJEE V REDDY. Director General of Foreign Trade and

Ex-OfficioAddl. Secy.

NOTTFICATTON

New Delhi, the 20th January, 1999

S.O.24(E).— In exercise of the powers conferred by Section 13 of the Foreign Trade (Development and Regulation)Act, 1992 (22 of 1992) and in supersession of Notification of the Government of India in the Ministry of Commerce No. S.O. 145(E), dated 24th February, 1998published in Gazette oflndia (Extraordinary) Part-II. Section 3, Sub- section (ii) except as respects things done or omitted to be done before such supersession, the Central Government hereby authorises the officers specified in column 2 of the Table below for the purposes of exercising powers under Section 13 read with Section 11. subject to the limits specified against such officers in the corresponding entry in column 3 of the said Table, namely:—

TABLE

Sl.No. Designation of officer

Value of the goods in relation to which the power may be exercised

1.

Without limit

Additional Director General of Foreign Trade

2. Zonal Jt, Director General of Foreign Trade

UptoRs. lOcrores

3.

Upto Rs. 5 crores

Joint Director General of Foreign Trade

4, Deputy Director General of Foreign Trade

Upto Rs. 1 crores

5. Assistant Director General of Foreign Trade

Upto Rs. 10 lakhs

(). Foreign Trade Development officer

Upto Rs.5 lakhs

IFileNo, 18/9/97/ECA-ffl]

NL.LAKHANPAL. Director General of Foreign Trade and

Ex-Officio Addl. Secy.

388 THE GAZETTE OF INDIA : EXTRAORDINARY

[PARTI—SEC. 1]

NOTIFICATION

New Delhi, the 6th March, 2000

S.0.194(E).— In exercise of the powers conferred by section 13 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Government hereby authorises the officers specified in the column (2) of the Table below for the purposes of exercising powers under section 13 read with section 11, subject to the limits specified against such officers in the corresponding entry in column (3) of the said Table and makes the following amendments in the notification of the Government of India in the Ministry of Commerce (Director General of Foreign Trade)No.S.O.24(E), dated the 20th January, 1999, namely :-

In the said notification in the table, after serial number ,"• and the entries relating thereto, the following serial number and the entries shall be inserted, namely ' -

(3)

(2)

(1)

"7

Development Commissioner, Export Processing Zone

Without limit in respect of Export Oriented Units In Export Processing ZoneUnder their jurisdiction."

[F.No. 18/9/97-98/ECA-in/I]

N L Lakhanpal,Director General of

Foreign Trade & Ex-Officio Addl.Secy

NOTIFICATION

New Delhi, the 11 si December, J 993

S.O. 1059(E).—In exercise ofthc powers conferred by clause(b) ofsub-section(l) of section 15 of the Foreign Trade (Development and Regulation) Act. 1992 (22 ofl 992), the Central Government hereby authorises the officers specified in column 3 of the Table below to function as Appellate Authority against the orders passed by the Adjudicating Authorities authorised by the Central Government under section 13 of the said Act and specified in column 2 of the said Table.

TABLE

Appellate authority

Designation of Adjudicating authority

S.No.

1. Foreign Trade Development Officer ^

Assistant Director General of Foreign Trade 1

2.

Additional Director General of Foreign Trade Deputy Director General of Foreign Trade

\

Joint Director General ofForcign Trade

4.

5. Addl. Director General of Foreign Trade

Additional Secretary in die Ministry of Commerce aided by two Joint Secretaries and a Director of that Ministry.

[File No. 21/11/92-LS]

DR. P. L. SANJEEVREDDY, Director General of Foreign Trade and Ex-Offcio

Addl. Secy.

NOTIFICATION

New Delhi, die Olh March. 2()(M)

S.O.I93(K).—In e\ercisL- of the powers conferred by clause (b) of sub-scction(l) of section 15 of the Foreign Trade (Development and regulation) Act. | 992 (22 of 1992). the Central Government hereby authorises the officers specified in column (l) of the table below to function as Appellate Authority against the orders passed by the Adjudicating Authorities authorised by the Central Gov eminent under section 13 of the said Act and specified in column (2) of the said189 Table, and makes the follow ing amendments in the notification of the GCA eminent of India in Ihe Ministry of Commerce No.S.O 1()59(E). dated die t T December. 1991, namch

In the said notification in the table, after serial number 5 and the entries relating thereto the follow ing serial number and the entries shall be inserted, namely -

(2)

0)

(1)

f)

Additional Secretary in the Ministry of Commerce aided B\ tw o Joint Secretaries & a Director of that Ministry " Development Commissioner Export Processing Zone

fFNo 18/9/97-98/ECA-IM1

N L Lakhanpal. Director General of

Foreign Trade & E\-Officio Addl Secrctan,

ORDER

New Delhi, the list December. 1991

S.O. 1060(E).—in exercise of the powers conferred by sub-sections (2) and (4) of section 9 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992). the Director General authorises the officers mentioned in the Table below to grant or renew or refuse to grant or renew or to suspend or to cancel a licence for the purposes of import or export of goods.

TABLE

SNo The Designation of the Officers

The Territorial areas in respect of which the jurisdiction is to be exercised

1 Additional Director General of Foreign Trade Throughout India

2. The Export Commissioner

Throughout India

3. The Joint Director General of Foreign Trade .

(a) In the Headquarters Office of the

Throughout India

Director General of Foreign Trade, New Delhi.

(b) In the Regional Licensing Authority

Respective territorial jurisdiction of such authority.

4 The Deputy Director General of Foreign Trade.

Throughout India

(a) In the Headquarters Office of the

Director General of Foreign Trade, New Delhi

(b) In the Regional Licensing Authority

Respective territorial jurisdiction of such authority.

5. The Assistant Director General of Foreign Trade:

(a) In the Headquarters Office of the

Throughout India

Director General of Foreign Trade.

(b) In the Regional Licensing Authority

Respective territorial jurisdiction of such authority.

6. The Controller of Imports and Exports-

Throughout India

(a) In the Headquarters Office of the

Director General of Foreign Trade.

(b) In the Regional Licensing Authority

Respective territorial jurisdiction of such authority.

7.

Respective territorial jurisdiction of such authority The Development Commissioner/Joint Development Commissioner/Deputy Development Commissioner/Assistant Development Commissioner of a Free Trade Zone or an Export Processing Zone

IFileNo 21/11/92-LS1

DR. P L. SANJJ2EV REDDY, Director General of Foreign Trade 3 90 THE GAZETTE OF INDIA; EXTRAORDINARY

IPART I—SEC. 11

ORDER

New Delhi, the 31st December, 1993

S.O. 106KE).—In exercise of the powers conferred by sections 7 of the Foreign Trade (Development and Regulation) A_c. 1992 (22 ofl 992). the Director General authorises the officers mentioned in the Table below to grant importer-exporter Code number in accordance with the provisions of the aforesaid section.

TABLE

S.No. The Designation of the Officers

The Territorial areas in respect of which the jurisdiction is to be exercised

3

2

1

1, Additional Director General of Foreign Trade Throughout India

The Export Commissioner

Tliroughout India

2.

3. The Joint Director General of Foreign Trade:

Throughout India

(a) In the Headquarters Office of the Director General of Foreign Trade, New Delhi.

(b) In the Regional Licensing Authority

Respective territorial jurisdiction of such authority • 4. The Deputy Director General of Foreign Trade:

(a) In the Headquarters Office of the

Throughout India

Director General of Foreign Trade, New Delhi

(b) In the Regional Licensing Authority

Respective territorial jurisdiction of such authority.

5. The Assistant Director General of Foreign Trade:

Throughout India

(a) In the Headquarters Office of the

Director General of Foreign Trade.

(b) In the Regional Licensing Authority

Respective territorial jurisdiction of such authority 6. The Controller of Imports and Exports:

(a) In the Headquarters Office of the

Throughout India

Director General of Foreign Trade.

(b) In the Regional Licensing Authority

Respective territorial jurisdiction of such authority.

Respective territorial jurisdiction of such authority, 7. The Development Commissioner/Joint Development Commissioner/Deputy Development Commissioner/Assistant Development Commissioner of a Free Trade Zone or an Export Processing Zone.

[File No. 21/11/92-LS

DR. P. L, SANJEEV REDDYf Director General of Foreign Trad(

APPENDIX-39B

MINISTRY OF COMMERCE

(Directorate General of Foreign Trade)

NOTIFICATION

New Delhi, the 30th December, 1993

G.S.R. 791(E).—In exercise of the powers conferred by section 19 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Government hereby makes the following rules, namely.
391
1. Short title and commencement—

(1) These rules may be called the Foreign Trade (Regulation), Rules, 1993.

(2) They shall conic into force on the date of their publication in the Official Gazette.

2. Definitions.—

In these rules unless the context otherwise requires , -

(a) "Act" means the Foreign Trade (Development mid Regulation) Act, 1992 (22 of 1992);

(b) "charitable purpose" includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility;

(c) 'importer" or "exporter" means a person who imports or oxports goods and holds a valid Importer-exporter Code Number granted under section 7;

(d) "licensing authority" means an authority authorised by the Director General under Sub-section (2) of section 9 to grant or renew a licence under these rules;

(c) "Policy" means the export and import Policy formulated and announced by the Central Government under section 5;

(f) "schedule" means a Schedule appended to these rules;

(g) "section" means a section of the Act;

(h) "special licence" means a licence granted under sub-section (2) of sections;

(i) "value" has the meaning assigned to it in clause (41) of section 2 of the Customs Act, 1962 (52 of 1962);

(j) words and expression used in these rules and not defined but defined in the Act shall have the meanings respective!} assigned to them in the Act.

3. Grunt of special licence.—

(1) Where the Importer-exporter Code Number granted to any person has been suspended or cancelled under Sub-section (1) of section 8, the Director General may, having regard to the following factors, grant to him a special licence, namely -

(1) that the denial of a special licence is likely to affect the foreign trade of India adversely; or (2) that tlie suspension or cancellation of the Importer-exporter Code Number is likely to lead to non-fulfillment of any obligation by India under any international agreement;

(2) The special licence granted to any person under sub-rule (1) shall be non-transferable.

4. Application for grant of licence—

A person may make an application for the grant of a licence to import or export goods in accordance with the provisions of the Policy or an Order made under section 3

5. Fee—

(1) Every application for a licence to import shall be accompanied by the fee specified in the Schedule.

(2) The mode of deposit of fee shall be as specified in the Schedule

(3) No fee shall be payable in respect of any application made b \.

(a) the Central Government, a State Government or any department or any office of the Government; (b) am local authority for the bona-fidc import of goods required b\ it fc- official use;

(c) an\ institution set up for educational, charitable or missionary purpose, tor the import of goods required for its use.

(d) an applicant for the import of an\ goods (other than a vehicle) if the import of the goods is for his personal use \\ hich is not connected \\ ith trade or manufacture .192 THE GAZETTE OF INDIA : EXTRAORDINARY

[PARTI—SEC. 1] (4) The fee once received will noi be refunded except in the following circumstances, namely ;—

(i) where ihc fee has been deposited in excess of the specified scale of fee: or

(ii) v, ;"crc the fee has been deposited but no application has been made: or

(iii) where ihc fee has been deposited in error but the applicant is exempt from payment of fee.

(>. Conditions of licence—

(1) It shall be deemed to be a condition of even¹ licence for export that:—

(i) no person shall transfer or acquire by transfer any licence issued by the licensing authority except in accordance with the provisions of the Policy,

(2) The licensing authority may issues licence for import subject to one or more of the following conditions, namely:—

(a) that the goods covered by the licence shall not be disposed of except in accordance with the provisions of the Policy or in the manner specified by the licensing authority in the licence;

(b) thai I he applicant for a licence shall execute a bond for complying with the terms and conditions of the licence.

(3) It shall be deemed to be a condition of cv cry licence for import thai:—

(a) no person shall transfer or acquire by transfer any licence issued by the licensing authority except in accordance with the provisions of the Policy:

(b) the goods for the import of wl'iich a licence is granted shall be the property of the licensee at the time of import and upto the time of clearance through customs:

(c) the goods for die import of which a licence is granted shall be new goods, unless otherwise stated in the licence:

(d) the goods covered by the licence for import shall not be exported without the written permission of the Director General.

(4) Any person importing goods from the United States of America in accordance with the terms of the Indo- US Memorandum of Understanding on Technology Transfer shall also comply with all the conditions and assurances specified in the Import Certificate issued in terms of such Memorandum, and such other assurances given by the person importing those goods to the Government of the United States of America through the Government of India.

7. Refusal of licence—

(1) The Director General or the licensing authority may for reasons to be recorded in writing, refuse to grant or renew a licence :—

(ti) the applicant has contravened any law relating to customs or foreign exchange:

(b) Uic application for the licence does not substantially conform to any provision of these rules;

(c) the application or any document used in support thereof contains any false or fraudulent or misleading statement.

(d) it has been decided by the Central Government to canalise the export or import of goods and distribution thereof, as the case may be, through special or specialised agencies:

(e) any action against the applicant is for the time being pending under the Act or rules and Orders made thereunder:

(f) the applicant is or was a managing partner in a partnership firm, or is or was a Director of a private limited company, having controlling interest against which any action is for the time being pending under the Act or rules and Orders made thereunder;

(g) the applicant fails to pay any penalty imposed on him under the Act:
393
(h) die applicant has tampered with a licence:

(V) the applicant or any agent or employee of the applicant with his consent has been a party to any corrupt or fraudulent practice for the purposes of obtaining any other licence;

fl) the applicant is not eligible for a licence in accordance with any provision of the Policy;

(k) the applicant fails to produce any document called for by the Director General or the licensing authority.

(1) in the case of a licence for import, no foreign exchange is available for the purpose;

(m) the application has been signed by a person other than a person duly authorised by the applicant under the provisions of the Policy;

(n) the applicant has attempted to obtain or has obtained cash compensatory support, duty drawback, cash assistance benefits allowed to Registered Exporters or any other similar benefits from the Central Government or any agency authorised by the Central Government in relation to exports made by him on the basis of any false, fraudulent or misleading statement or any document which is false or fabricated or tampered with.

(2) The refusal of a licence under sub-rule (1) shall be without prejudice to any other action that may be taken against an applicant by the licensing authority under the Act.

8. Amendment of licence—

The licensing authority may of its own motion or on an application by the licensee, amend any licence in such manner as may be necessary or to rectify any error or omission in the licence.

9. Suspension of a licence—

(1) The Director General or the licensing authority may by order in writing, suspend the operation of a licence granted to —

(a) any person, if an order of detention has been made against such person under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 (52 or 1974); or (b) a partnership firm or a private limited company, if the person referred to in clause (a) is a partner or a whole time Director or Managing Director, as the case may be, of such firm or company. Provided that the order of suspension shall cease to have effect in respect of the aforesaid person or. as the case may be, the partnership firm or company, when the order of detention made against such .

(i) being an order of detention to which the provisions of section 9 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) do not apply, has been revoked on the report of Advisory Board under section 8 of that Act or before receipt of the report of the Advisory Board or before making a reference to the Advisory Board; or (ii) being an order of detention to which the provisions of section 9 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) apply, has been revoked on the report of the Advisory Board under section 8 read with sub-section (2) of section 9 of that Act or before receipt of such report;

(iii) has been set aside by a court of competent jurisdiction,

(2) The Director General or the licensing authority may by an order in writing suspend the operation of any licence granted under these rules, where proceedings for cancellation of such licence has been initiated under Rule 10,

10. Cancellation of a licence—

The Director General or the licensing authority may by an order in writing cancel any licence granted under these rules

(a) the licence has been obtained by fraud, suppression of facts or misrepresentation: or

(b) the licensee has committed a breach of any of the conditions of the licence: or 394 THE GAZETTE OF INDIA EXTRAORDINARY

[PARTI—SEC li (c) the licensee has tampered with the licence in any manner, or

(d) the licensee has contravened any law relating to customs or foreign exchange or the rules and regulations relating thereto

11 Declaration as to value and quality of imported goods—

On die importation into, or exportation out of, any customs ports of any goods, whether liable to duty or not, the o\\ ner of such goods shall in the Bill of Entry or the Shipping Bill or any other documents prescribed under the Customs Act 1962, state the ^ alue quality and description of such goods to the best of his knowledge and belief and in case of exportation of goods certify that the quality and specification of the goods as stated in those documents, are in accordance with the terms of the export contract entered into with the buyer or consignee in pursuance of which the goods are being exported and shall subscribe a declaration of the truth of such statement at the foot of such Bill of Entry or Shipping Bill or am other documents

12 Declaration as to Importer-exporter Code Number

On the importation into or exportation out of any Customs port of any goods the importer or exporter shall in the BillofEntry of Shipping Bill or, as the case may be, in any other documents prescribed by rules made under the Act or the Customs Act, 1962 (52 of 1962), state the Importer-exporter Code Number allotted to him by the competent authority 13 Utilisation of imported goods

(1) No person shall use any imported goods allotted to him by the State Trading Corporation of India or any other agency recognised by the Central Government in a manner and for the purpose, otherwise than as declared by him in his application for such allotment or in any document submitted by him in support of such application

(2) No person shall dispose of any goods imported by him against a licence except in accordance with the terms and conditions of such licence

14 Prohibition regarding making, signing of any declaration, statement or

(1) No person shall make, sign or use or cause to be made signed or used any declaration, statement or document for the purposes of obtaining a licence or importing any goods knowing or having reason to believe that such declaration statement or document is false hi any material particular.

(2) No person shall employ any corrupt or fraudulent practice for the purposes of obtaining any licence or importing or exporting any goods

15 Power to enter premises and inspect, search and seize goods, documents, things and

(1) Any person authorised by the Central Government under sub-section (1) of section 10 (hereinafter called the authorised person) may, at any reasonable time enter any premises in whicli—

(I) any imported goods or materials which are liable to confiscation under the provision of the Act, or (u) any books of accounts or documents or things which, in his opinion, will be useful for, or relevant to any proceedings under the Act, are suspected to have been kept or concealed and may inspect such goods, materials, books or accounts, documents or things and may take such notes or extracts therefrom as he may think fit

(2) If the authorised person has reasons to believe that—

CO any imported goods or materials liable to confiscation under the Act, or

(ii) any books of accounts or documents or things which, in his opinion, will be useful forjorrelevant to, am proceedings under the Act, are secreted in any premises he may enter into and search such premises for such goods, materials, books of accounts, documents or things

(3) (a) If the authorised person has reason to believe that any imported goods or materials are liable to confiscation under the Act, he may seize such goods or materials together with the package, covering or receptacle, if any, in which such goods or materials are found to have been mixed with any other goods or materials395 Provided that where it is not practicable to seize any such goods or materials, the authorised person may sen c on the owner of the goods or materials an order thai he shall not remove, part with or otherwise deal with the goods or materials except with the previous permission of Ihc authorised person.

(b) Where am goods or maicrials arc seized under clause (a) and no notice in respect thereof is given w ilhin six months of the seizure of the goods or materials, the goods or materials shall be relumed to Ihc person from whose possession they were seized :

Provided that the aforesaid period of six months may, on sufficient cause being shown, be extended by ihc Director General fora furthcrpcriod not exceeding six months.

(c) The authorised person may seize any books of accounts or documents or things which in his opinion, will be useful for. or relevant to, any proceedings under the Act.

(d) The person from whose custody any documents arc seized under this sub-rule, shall be entitled to make copies thereof or lake extracts therefrom in the presence of the authorised person, (c) In any person legally entitled to the books ofaccount or other documents or tilings seized under this sub-rule objects, for any reason, the retention by the authorised person of the books ofaccount or ihc documents or things, he may move an application to the Central Government slating therein the reasons for such objection, request for the return of the books of account or documents or things, (0 On receipt of ihc application under clause (c), the Central Government may, after giving the applicant an opportunity of being heard, pass such order as it may think fit.

(g) Where am document is produced or furnished by any person or has been seized from the custody or control of any person under the Act or has been received from any place outside India in the course of the investigation for any contravention referred to in section 11 by any person and such document is tendered in evidence against the person by whom it is produced or from whom it was seized or against such person or any olher person who is jointly proceeded against, the Adjudicating Authority, shall, notwithstanding anything to the countrary contained in any other law for the time being in—

(i) presume, unless the contrary is proved, that the signature and every otlicrpart of such document which purports to be in the handwriting of any particular person of which the Adjudicating Authority may reasonably assume to have been signed by or to be in the handwriting of any particular person, is under the person's handwriting, and in the case of a document executed or attested, it was executed or attested by ihc person by whom it purports to have been so executed or attested:

(ii) admit the document in evidence notwithstanding that it is not duly stamped, if such document is othcrw ise at .lissible in c\ idence.

(4) The authorised person. ma>. if he has reason to suspect that any conveyance or animal is being or is about to be used for the transportation of any imported goods or material which are liable to confiscation under the'Act. and that b> such transportation any provision of the Act has been , is being or is about to be conlra\ ened at am lime, stop such conveyance or animal or in the case of aircraft compel it to land, and (a) rummage and search the conveyance any part thereof;

(b) examine and search any goods or material in the conveyance or on the animal;

(c) if it becomes necessan to stop any conveyance or animal, he may use all lawful means for stopping il and where such means fail, the conveyance or animal may be fired upon,

and where he is satisfied that it is necessary so to do to prevent the contravention of any provision of the Act or of the rules and orders made thereunder orthe Policy or condition of any licence, he may seize such con\e\anccor animal.

Explanation :—An\ reference in this rule to a conveyance shall, unless the context otherwise requires, be construed as including a reference to an aircraft, vehicle or vessel V )h

T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY

| P , V R T 1 — S E C. 1] 16. Settlement—

(1) The Adjudicating Authority may determine the amount of settlement to be paid by the person to whom a notice has been issued and who has opted for settlement and has admitted the contravention specified in the notice, in the following cases, namely :—

(i) w here il is of the opinion that the contravention of any- provision of the Act or these rules or the Policy has been made without mensrea or without wilful mistake or without suppression of facts, or without any collusion, or without fraud and forgery, or without an intent to cause loss of foreign exchange: or

(ii) where the person importing the goods has not met the requirements ofthc actual user conditions as specified in the Policy and has not misutiliscd the said imported goods, or

(iii) where (he person importing the goods has not fulfilled the export obligation and has not mis-utilised the said imported goods.

(2) Where a person has opted for settlement under sub-rule (I) the settlement made by the Adjudicating Authority shall be final.

17. Confiscation and redemption—•

(1) any imported goods or materials in respect of which

(a) any condition ofthc licence, or letter of authority under which they were imported, relating to their utilisation or distribution : or-

(b) am condition, relating to thcirulilisalion or distribution, subject to which thc> were received from or through, an agency recognised by the Central Government: or

(c) any condition imposed under the Polic> with regard to the sale or disposal of such goods or materials:

lias been, is being, or is attempted to be. contravened, shall together with any package, covering or receptacle in which such goods arc found, be liable lo be confiscated by the Adjudicating Authority, and where such goods or materials are so mixed with any oilier goods or materials that they cannot be readily separated, such other goods or materials shall also be liable lo be so confiscated.:

Pro\ ided that where it is established to the satisfaction of the Adjudicating Authority that any goods or materials which arc liable to confiscation under this rule, had been imported for personal use. and not for any trade or industry, such goods, or materials shall not be ordered to be confiscated.

(2) The Adjudicating Authority may permit the redemption of the confiscated goods or materials upon payment of redemption charges equivalent to the market value of such goods or materials.

IS. Confiscation ofconvcyance—

(1) Any convey ancc or animal which has been, is being, or is attempted to be used, for Uie transport of any goods or materials thai are imported and which are liable to confiscation under rule 17. shall be liable to be confiscated by the Adjudicating Authority unless the owner of the conveyance or animal proves that it was. is being, or is about to be so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in-charge of the conveyance or animal and that each of them had taken all reasonable precautions against such use.

(2) The Adjudicating Authority shall permit redemption of the confiscated conveyance or animal used for the transport of goods or passengers for hire upon payment of redemption charges equivalent to the market \ aluc of such conveyance or animal.

[F. NO.21/11/92-LS]

Dr. P. L. SANJEEV REDDY.

Director General Foreign Trade and E.\-Officio Add!. Secy.
397
SCHEDULE

(Sec Rule 5)

The following fee shall be leviable in respect of the application for an import licence etc.

SCALE OF FEE

SI.No.

Amount of Fee

Particulars

3

1

2

1.

Rupees two hundred.

Where the value of goods specified in application docs not exceed Rupees fifty thousand.

2.

Rupees two per thousand or part thereof subject to a minimum of rupees two hundred.

Where the value of the goods specified in the application exceeds Rupees fifty thousand but does not exceed Rupees one crorc.

1

Rupees two per thousand or part thereof subject to a maximum of Rs. one lakh and fifh thousand.

Where the value of the goods specified in the application exceeds rupees one crorc.

4. Application for grant of duplicate licence. Rupees two hundred.

5.

Rupees two hundred.

In case where import licence and other correspondence arc required by Speed Post.

6. Application for issue of an Identiu Card. Rupees two hundred.

7

Rupees one hundred.

Application for issue of duplicate Identity Card in the event of loss of Original Card.

8.

Rupees h\o hundred.

Extension of the period of shipment of an Import licence.

Application for grant split-up licences

Rupees one thousand per Split up licence.

Note.—The amount of fee payable shall be rupees t\\ o hundred in respect of an application for import licence b> a small scale actual user or a registered exporter, for the import of raw materials, components and spares A\ here the \ alue of the goods specified in the application does not exceed rupees two lakhs

Printed liy llw Manager. Clovl. of India Press. Ring Road. Maynpun. New Dilhi-1 1CJ064

and Published hy the Controller ot Publications. Diilhi-1 ] 0054

In exercise of powers conferred under paragraph 2.4 of the Export and Import Policy, 2002-07, the Director General of Foreign Trade hereby notifies the Handbook of Procedures (Vol.1) as contained in Annexiire to this Public Notice. This shall come into force from 1st April, 2002.

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

P79 G, i (ol -3

THE OAZFITK Ol- INDIA • EXTRAORDINARY

1*>

7(,

_ _ THEJjApTTEOFJNDIAjjXTRAORDINARY

CHAPTER—2

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Commerce)

GENERAL PROVISIONS REGARDING EXPORTS

AND IMPORTS

PUBLIC NOTICE

No. 1/2002—2007

HANDBOOK OF PROCEDURES

(1 ST APRIL, 2002—31 ST MARCH, 2007)

CHAPTER—1

2.29 Exhibits Required For National And

CHAPTERS

PROMOTIONAL MEASURES

3.12.2 Registration cum-Mcmhership.—An

3.12.4 Intimation Regarding Change in

CHAPTER-4

DUTY EXEMPTION/REMISSION SCHEME

4.13 Advance Licence for Intermediate Supplies.—

4.11 Description of an Advance Licence.—An

CHAPTER-5

EXPORT PROMOTION CAPITAL GOODS SCHEME

5.10 Automatic enhancement upto 10% anil prorata

CHAPTER-6

EXPORT ORIENTED UNITS (EOUs), UNITS IN

EXPORT PROCESSING ZONES (EPZs),

ELECTRONICS HARDWARE TECHNOLOGY PARKS

(EHTPs) AND SOFTWARE TECHNOLOGY PARKS

(STPs)

CHAPTER-9

APPENDIX-1

GENERAL INSTRUCTIONS FOR FILLING APPLICATION FORMS

SEAPORTS

IN S!~K I

ATR PORTS

APPENDIX-2

PROFILE OF EXPORTER/IMPORTER

FOR OFFICIAL USE

d d r r i m y y yy

1079 GI/2002—14A

APPENDIX-3

APPLICATION FORM FOR ALLOTMENT OF IMPORTER-EXPORTER CODE (IEC) NUMBER AND

MODIFICATION IN PARTICULARS OF AN EXISTINGIEC NO. HOLDER

(FOR OFFICE USE ONLY)

of existing IEC No.holdcr

DECLARATIOHUNDERTAKING

ANNEXURE 1 TO APPENDIX 3

(Name and Address of the applicant)

APPENDIX-3A

FORMATOF IMPORTER-EXPORTER CODENUMBER

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE & INDUSTRY

O/O JT7DYDIRECTOR GENERAL OFFOREIGN TRADE

(Full Address)

CERTIFICATE OF IMPORTER -EXPORTER CODE (EEC) NUMBER

piNnnDGua

rJDDGUQ

PiNnDDUDD

DQQUDn

(Issued from File No )

APPENDIX-3B

STATEMENT OFPARTICULARS OF IEC NUMBERS ISSUED FORTHEPERIOD

APPENDIX-4

FORM OF APPLICATION FORREGETRATIONCm MEMBERSHIP WITH

EXPORT PROMOTION COUNCILS

FOR OFFICIAL USE

(c)

APPENDIX-4A

FORMATOFREGBTIUTION-CUM-MEMBERSHlPCEimFTCATE

APPENDIX-4B

PROFORMA FOR FURNISHING OF EXPORT RETURNS

DECLARATION