This Gazette may contains Multiple Subjects

REGD. NO. D. L.-33004/99

The Gazette of India

EXTRAORDINARY

PART 11—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 4921 NEW DELHI, FRIDAY. SEPTEMBER 28, 2001/ASVINA 6,1923

3030 GI/2001

(1)2 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTD—SBC 3(1)1 3 4 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTI^-SEC. 30)1 5 6 THE GAZETTE OF INDIA: EXTRAORDINARY IPAPT It-Sea 3fDl 7 8 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTII—SBC. 3fffl 9 3030 GI/2001—210 THE GAZETTE OF INDIA: EXTRAORDINARY PARTII-SBC. 3(fi\ 11 12 THE GAZETTE OF INDIA: EXTRAORDINARY IPARTI^-SHX 3(ii\ 13 14 THE GAZETTE OF INDIA: EXTRAORDINARY fPAKrtt—SBC.3(D1 15 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PAKTI^-SBC.³(⁰] 17 3030 GI/2001—318 THE fiAZFTTF OF INDIA : EXTRAORDINARY [PART D—SEC. 3(Q] 19 20 THE GAZETTE OF INDIA : EXTRAORDINARY FPABTTI—SPT vffl 21 •n. THE GAZETTE OF INDIA : EXTRAORDINARY fPAKrH-SBC.3Q)1 23 24 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTD—SBC. 3(01 25 3030 G I / 2 0 0 1 ^*26 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTII-SK:. 3fitt 27 28 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTD—SBC.3(0] 29 30 THE GAZETTE OF INDIA: EXTRAORDINARY fPARTl^-SBC.3ffll 31

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Department of Company Affairs)

NOTIFICATION

New Delhi, the 28th September, 2001

G.S.R.704(E).^ in exercise of the powers conferred by sub-section (1) of section 642, read witn clause (d) of sub-section (1) of section 209 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules further to merge and amend the Cost Accounting Records (Infant Milk Foods) Rules, 1974 and Cost Accounting Records (Milk food) Rules,1986,namely>

1. (1) These rules may be called the Cost Accounting records (Milk food) Amendment Rules, 2001.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Cost Accounting Records (Milk food) Rules, 1986 (hereinafter referred to as the said rules), -

(a) in rule 2, -

(i) for sub-rule (1), the following shall be substituted, namely : -

" Application - (1) These rules shall apply to every company engaged in the production, processing or manufacture of any type of milk food including Infant Milk food such as milk powder, malted milk food, complementary or supplementary food of infants and children, energy food or food drink under any brand name,derivatives of milk such as icecream,chocolates,desi ghee under any brand name excepting those companies falling under the category of Small Scale Industrial Units" ;

(ii) for sub-rule (3) the following shall be substituted, namely >

" (3) For the purpose of these Rules, 'Milk food' means any food produced by mixing whole milk, partly skimmed milk or milk powder with any other ingredients, with or without addition of flavouring agents and spices, vitamins, sugar or sweetening agents and includes all types of milk food intended for the routine, complementary or supplementary food of infants and children or intended for the feeding of infants and children during the treatment of gastro intestinal disorders".

(b) in rule 3,-

(i) in sub-rule (1), after the words "after the commencement of these rules" the words, figures and letters "till the 31st day of March, 2002 or the close of the relevant financial year in 2002" shall be inserted;

(ii) after sub-rule (2),the following sub-rules shall be inserted, namely:-

"(2A) Every company to which these rules apply shall, in respect of each of its financial year commencing on or after the 1st day of April, 2002, keep proper books of account relating to utilization of materials, labour and other items of cost insofar as they are related to the production or manufacture or processing of Milk foods. The books of account, so maintained shall contain, inter alia, the particulars specified in Schedule III annexed to these rules and Proformae A, B, C, and D mentioned in the said Schedule:

Provided that if the said company is manufacturing any other product(s)or is engaged in other activities in addition to manufacture of product under reference, the particulars relating to utilization of materials, labour and other items of cost in so far as they are related to the manufacture of such other products or activities shall not be included in the determination of cost of Milk food referred to in rule 2.

(2B) The books of account referred to in sub-rule (2A) shall be kept on a regular basis in such a manner as to make it possible to calculate the cost of production and cost of sales of each type of Milk food referred to in rule 2, produced, processed or manufactured for every financial year from the particulars entered therein. Every such books of account and the Proforma specified in the said Schedule III shall be completed not later than ninety days from the close of the financial year of the company to which it relate.

(2C) The statistical and other records shall be maintained in accordance with the provisions of the Schedule III which shall be such as to enable the company to exercise, as far as possible, control over the various operations and costs with a view to achieve optimum economies in cost. These records shall also provide the necessary data required by the Cost Auditor to suitably report on all the points referred to in the Cost Audit (Report) Rules, 1996 as amended from time to time";

(iii) in sub-rule 4, for the words, brackets and figures "provisions of sub-rules (1),(2) and (3)" the words, brackets, figures and letters "provisions of sub-rules (1), (2), (3), (2A), (2B) and (2C)H, shall be substituted.

(c) in the said rules, after Schedule II, the following Schedule and Proformae A, B C and D shall be inserted, namely: -33

"SCHEDULE III

[ See rule3(2A) ]

1. MATERIALS:

(1) The proper records shall be maintained showing separately all receipts, issues and balances both in quantity and cost of each item of raw material (including all direct charges upto the works in respect of major raw material) required for the production of Milk Food. These records shall contain such details so as to enable the company to determine the quantity and cost of receipt (including all direct charges upto the works in respect of major raw material), issues and balances in quantity as well as value of each item of all such raw materials. The basis on which said quantities and costs of issue and consumption have been calculated shall be indicated in the cost records and followed consistently. In the case of imported raw materials proper records shall be maintained showing FOB value, overseas freight, insurance, customs duty and inland freight charges. If both indigenous and imported materials are consumed, the records showing details of percentage mix of the same have to be maintained for each item, In the case of imported raw material proper records shall be maintained showing license-wise allowed quantities, actual quantities imported, actual quantities consumed, quantities in stock and quantities yet to be imported out of total licensed quantities.

(2) The proper records shall be maintained separately showing the receipts, issues and balances both in quantities and cost of each item of process material or chemicals such as catalysts and additives used in the manufacture of the product under reference. The cost shall include all direct charges upto works. Proper records shall be maintained for determining the cost of collection of cocoa beans, and processing into dry beans. The cost of dry beans delivered at the factory shall include the costs of processing of wet beans and other incidental charges incurred thereon and transportation expenses from the processing sites to the factory.

(3) Where basic raw materials or ingredients are produced or farm products raised by the company, separate records showing the cost of production of each such material indicating the break up of material consumed shall be maintained to determine the cost of material produced. The basis on which the quantities and costs of issues and consumption of such materials produced by the company are calculated shall be indicated in the cost records and followed consistently.

(4) The issues, consumption shall be properly identified with the departments, cost-centres and products manufactured

(5) Proper records shall be maintained showing the quantity and cost of wet milk procured at the different collection centres. Details showing the premiums paid 3030 GI/2001—534 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTD—SBC.3(01 for higher Fat Solid/ Non-fat content in the milk and deductions made for lower fat solid non-fat (SNF) content shall also be kept. The cost records for wet milk shall contain such details as to enable the company to determine the quantity and cost of receipts ( including all direct charges incurred upto the works), issues and balances. The rate charged for wet milk consumed for the manufacture of product under reference shall be based on the actual fat SNF content of the relevant quantity of milk consumed for the manufacture of such products. Where the company operates its own transport for the transportation of wet milk, log books shall be maintained to furnish the necessary particulars as required.

(6) The proper records shall be maintained indicating the quantity as well as value of by-products recovered in different processes having significant value in relation to cost of materials. In the case of certain by-products like ghee, husk etc. recovered, which cannot be reused in the process and are sold or disposed of without further processing, the realisation from such sales shall be recorded and adjusted against the process concerned. In case further processing is necessary to make the by-products usable or saleable, as the case may be, adequate records of the cost involved for such further processing shall be maintained. If such processing is done by any outside agency, proper records to show the quantity sent for processing, quantity received back after processing and the cost incurred thereon shall be maintained in detail. The net realisation, if any shall be adjusted against the major process relatable to such by-product. The cost of by-products shall be determined on equitable and reasonable basis and applied consistently. The records indicating the actual sales realisation of by- products shall also be maintained.

(7) Proper records shall be maintained to show the receipts, issues and balances, both in quantities and cost of each item of consumable stores, other chemicals not covered by sub-rule (2), tools and machinery spares. The cost shall include all direct charges upto works.

(8) In the case of consumable stores and small tools the cost of which are insignificant, the company may, if it so desires, maintain such records for the group of such consumable stores and tools.

(9) The cost of consumption of consumable stores, small tools and machinery spares shall be charged to the relevant cost centre/department on the basis of actual issues.

(10) The proper records shall be maintained showing the quantity and value of wastage, spoilage, rejections and losses of raw materials, process materials, consumable stores whether in transit, storage, manufacture or at any other stage. The method followed for adjusting the above losses as well as the income derived from the disposal of rejected and waste materials including spoilage, if any, in determining the cost of product shall be indicated in the cost records Any35 abnormal wastage or spoilage or rejection shall be indicated distinctly and separately along with reasons thereof.

(11) The records shall also be maintained to indicate the value of raw materials and components, finished and semi-finished which have not moved for more than twelve months.

(12) Where any credit under Central Value Added Tax (CENVAT) or any other benefits of the nature of CENVAT Credit under the Central Excise Act, 1944 (1 of 1944) are available on any item of material, the cost of such material should be shown after adjusting such credit or benefits.

(13) If any of the materials purchased is processed by an outside party proper records shall be maintained for the quantity sent for processing, quantity received after processing, by-products received, if any, and the cost involved in processing.

2. SALARIES AND WAGES:

(1) The proper records shall be maintained to show the attendance and earnings of all employees of the cost centres or departments and the work on which they are employed. The records shall also indicate the following separately for each cost centre or department:

(a) piece rate wages (Wherever applicable); (b) incentive wages ,either individually or collectively as production bonus or under any other scheme based on output;

(c) overtime wages; (d) earnings of casual labour/ contractual labour; (e) bonus or gratuity, statutory as well as others; (f) contribution to superannuation scheme; (g) any other earning of the similar nature.

(2) The records shall be maintained in such a manner as to enable the company to furnish necessary particulars under this head in Proformae A,B,C and D of Schedule III annexed to these rules. The records may be maintained to book these expenses cost centrewise or departmentwise with reference to activities related to production of Milk food. Where the employees work in such a manner that it is not possible to identify them with any cost centre or department, the labour charges shall be apportioned to the cost centres or departments on equitable and reasonable basis and applied consistently.

(3) The idle labour cost shall be separately recorded under classified headings indicating the reasons therefor. The method of accounting followed for accounting of idle time payments shall be disclosed in the cost records.

(4) Any wages and salaries allocable, to capital works such as additions to plant and machinery, buildings or other fixed assets shall be accounted for under the relevant capital heads. Similarly payments in the nature of deferred revenue expenditure shall be separately recorded under separate classified headings indicating the reasons therefor. The method followed for accounting of such payments in determining the cost cf the product shall be on equitable and reasonable basis and applied consistently. The said method shall be disclosed in the cost records also.

(5)Only such retirement costs, which are likely to provide benefits in terms of savings in cost in future shall be treated as deferred revenue expenditure. This amount shall be treated as extraordinary item. Therefore these expenses shall not form part of salary and wages and shall be shown separately as an abnormal item of expense. Similarly excess of termination benefits for the past period payable over and above the provision made in this regard shall also be treated as abnormal item of expense. The expenses on account of any voluntary retirement scheme shall be excluded from valuation of inventories also for that period as these expenses do not result in putting the inventories to their present location and condition.

3. SERVICE DEPARTMENT EXPENSES:

The detailed records shall be maintained to indicate expenses incurred in respect of each service department or cost centre like laboratory, welfare, transport etc. These expenses shall be apportioned to other services and production departments on equitable and reasonable basis and applied consistently. Where these services are utilised for other products of the company also, the basis of apportionment of such expenses to Milk food and to the other products shall be on equitable and reasonable basis and applied consistency.

4. UTILITIES

(1) Water: -The proper records showing the quantity and cost of treated or cooling water produced and consumed, if any, for the manufacture of any type of Milk food in different cost centres or departments shall be maintained. The cost of treated or cooling water, consumed by Milk Food plant and other units of the company shall be apportioned to respective units on equitable and reasonable basis and applied consistently.

(2) Steam: - Where steam is raised by the company, proper records showing the quantity and cost of steam raised and consumed for the manufacture of the Milk food shall be maintained. The cost of steam consumed by the Milk food units and by other units of the company shall be apportioned on equitable and reasonable basis and applied consistently. Where steam is raised and supplied by any other unit of the company to the Milk food plant, the cost of steam so supplied shall be charged to the Milk food Plant on actual cost basis.

(3) Power: -Where power is purchased, proper records shall be maintained for the units and cost of power consumed for the production of Milk food in different cost centres or departments. Where power is generated by the company itself, adequate records, showing all elements of cost shall be maintained to show the cost of power generated and consumed for the production of the Milk food in different cost centres or departments. Records shall also indicate installed capacity, number of units generated, losses and consumption in each cost centre or department separately. Where power is generated and supplied by any other unit of the company to the Milk food plant adequate records shall be maintained to indicate the quantity and cost of power so supplied. The cost of power consumed by milkfood units and other units of the company shall be apportioned on equitable and reasonable basis and applied consistently. The records shall state clearly the measures taken on conservation of energy and its corresponding impact on per unit cost of production.

(4) Air-Conditioning; - The proper records shall be prepared to enable determination of the cost of air-conditioning and its distribution cost centre-wise or department-wise. The cost of air conditioning shall be apportioned to Milk food on equitable and reasonable basis and applied consistently.

(5) Other Utilities: - The proper records showing quantity and cost shall be maintained in respect of any other utilities produced or purchased by the company for the production, processing or manufacture of Milk food .

(6) The Cost Statements for each utility shall be maintained seperately in Proforma A.

5. WORKSHOP OR REPAIRS AND MAINTENANCE OR TOOL ROOMS:

(1) The proper records showing the expenditure incurred by the workshop or tool room under different heads and on repairs and maintenance in the various cost centres or departments shall be maintained. The records shall also indicate the basis of charging the workshop, tool room or repair and maintenance expenses to different cost centres or departments. Where maintenance work is done by direct workers of any production cost centre or department, the wages and salaries of such workers shall be treated as direct expenses of the respective cost centre or department. If the services are utilised for other products also, the manner of charging a share of the cost of workshop or repairs and maintenance or tool room expenses, to such products shall be on equitable and reasonable basis and applied consistently.

(2) In addition to the above, records shall indicate the amount and also the proportion of closing inventory of stores & spare parts representing items which have not moved for over twenty four months.

(3) The expenditure on major repair works from which benefit is likely to accrue for more than one financial year shall be allocated over the period expected to benefit on equitable and reasonable basis and applied3 8 THE GAZETTE OF rNDT A: EXTRAORDINARY [PART I^-SBC. 3(01 consistently. Such costs shall be shown separately and method of accounting and the basis of the allocation of such costs shall also be clearly indicated in cost records.

6. DEPRECIATION:

Depreciation shall be allocated/apportioned to various cost centres or departments and absorbed on all products on equitable and reasonable basis and applied consistently which shall be clearly indicated in the cost records. If depreciation charged or chargeable to the cost centres or departments is in excess or lower than the depreciation calculated by applying the rates of depreciation prescribed under the provisions of sub-section (2) of Section 205 of the Companies Act, 1956 (1 of 1956), such amount of excess or lower depreciation shall be indicated clearly in the cost records. The cost records shall also show the effect of such excess or lower depreciation as the case may be, on the per unit cost of Milk food . The cumulative depreciation charged in the cost records, against any individual item of asset shall not, however, exceed the original cost of the respective asset.

7. OTHER OVERHEADS:

(1) The proper records shall be maintained for the product under reference showing the various items of expenses comprising the other overheads. These expenses shall be analysed, classified and grouped according to functions, namely, works, administration, selling and distribution.

(2) Where the company is manufacturing products other than the Milk food , the records shall clearly indicate the basis followed for apportionment of the common overheads including head office expenses of the company to such products and Milk food, including capital works. Where certain expenses forming part of overheads can be identified with a particular activity or a product, such expenses shall be first segregated and charged to the relevant activity or product and thereafter the residual expenses under the above categories of overheads shall be apportioned on equitable and reasonable basis and applied consistently. Overheads chargeable to capital works shall be indicated separately in the cost records. The basis of apportionment or absorption of overheads to the cost centres or departments and products shall be indicated in the cost records. The records shall be maintained in such a manner as to indicate the details of works, administration, selling and distribution overheads.

8. ROYALTY/TECHNICAL KNOW-HOW FEE

The adequate records shall be maintained showing the royalty and/or technical know-how fee including other recurring or non-recurring payments of similar nature, if any, made for the product under reference to collaborators or technology suppliers in terms of agreements entered into with them. Such records shall be kept separately in respect of each such collaborator or supplier. The basis of charging such royalty amount, including lump sum payment, to the products, shall be at the point of incidence in accordance with royalty agreement and shall be indicated in the cost records.

9. RESEARCH AND DEVELOPMENT EXPENSES:

(1) The proper records showing the details of expenses, if any, incurred by the company for the research and development work on the product covered under these rules according to the nature of development of products, existing and new products and processes, development of process of manufacture, existing and new, design and development of new plant facilities and market research for the existing and new products, shall be maintained separately.

(2) The method of charging these expenses to the cost of Milk food and other products shall be indicated in the cost records. Where the utility of such research and development work extends over more than one financial year, such expenses shall be treated as deferred expenses and charged to the cost of production of the Milk food and all other products if any, on equitable and reasonable basis and applied consistently. The following criteria which are only indicative and notexhaustive may be adopted in such cases:

(i) The product or process is clearly defined and the costs attributable to the product or process can be separately identified. (ii)The technical feasibility of the product or process has been demonstrated. (iii)The management of the enterprise has indicated its intention to produce and market, or use, the product or process. (iv)There is a reasonable indication that current and future research and development costs to be incurred on the project together with expected production, selling and distribution costs are likely to be more than covered by related future revenues/benefits; and (v)Adequate resources exist, or are reasonably expected to be available, to complete the project and market the product or process.

(3) The expenses incurred by the Research and Development Department for providing technical know-how to outsiders shall be recorded separately and excluded from the cost of Milk food. The amount recovered for providing technical know-how to outsiders shall also be indicated separately and excluded from the income arising from the sale of Milk food.

10. QUALITY CONTROL:

The adequate records shall be maintained to indicate the expenses incurred in respect of quality control department or cost centre for product under reference. Where these services are also utilised for other products of the company, the basis of apportionment to Milk food and to other products shall be on equitable and reasonable basis and applied consistently.

11. INTEREST:

The proper records shall be maintained for interest charges paid. The amount of interest shall be allocated or apportioned to the product covered by these rules and other activities on a equitable and reasonable basis and applied consistently. The basis of further charging of the share of the interest to the various types of such products shall also be equitable and reasonable and applied consistently. The basis of such allocation or apportionment shall be spelt out clearly in the cost records or statements.

12. EXPENSES OR INCENTIVES ON EXPORTS:

The proper records showing the expenses incurred on the export sales, if any, of the Milk food shall be separately maintained so that the cost of export sales can be determined correctly. Separate cost statement shall be prepared for Milk food exported giving details of export expenses incurred or incentive earned. In case, duty free imports are made, the cost statements should reflect this fact. If the duty free imports have been made after actual production, the statement should reflect this fact also.

13. PACKING EXPENSES:

(1) The proper records shall be tYiaintained showing the quantity and cost of various packing materials and other expenses incurred on packing for marketing of the Milk food . If such expenses are incurred in common for Milk Foods and other products, these expenses shall be apportioned to relevant products on equitable and reasonable basis and applied consistently.

(2) The detailed records of the expenses incurred on export packing, if any, shall also be kept separately and exhibited in the relevant cost statements for exports.

14. WORK-IN-PROGRESS AND FINISHED STOCK:

The method followed for determining the cost of work-in-progress and finished stock of the Milk food shall be indicated in the cost records so as to reveal the cost element that have -been taken into account in such computation. All conversion costs incurred in bringing the inventories to their present location and condition shall be taken into account while computing the cost of work-in-41 progress. The method adopted for determining the cost of work-in-progress and finished goods shall be followed consistently.

15. COST STATEMENTS:

(1) The cost statement showing details of installed capacity, production, wastage, issues and sales and all elements of cost of the current financial year and previous year shall be prepared for each process adopted in manufacture or production of Milk food in Proformae A,B, C and D.

(2) The product emerging from a process which forms raw material or an input material for a subsequent process shall be valued at the cost of production up to the previous stage.

(3) If the company is operating more than one plant or factory, separate cost statements as specified above shall be prepared in respect of each plant or factory.

16. PRODUCTION RECORDS:

Quantitative records of all finished goods, whether packed or unpacked showing production, issues for sales and balances of different type of the products under reference produced by the company shall be maintained.

17. RECONCILIATION OF COST AND FINANCIAL ACCOUNTS:

(1) The cost statements shall be reconciled with the financial statements for the financial year specifically indicating the expenses or incomes not considered in the cost records or statements so as to ensure accuracy and to adjudge the profit of the product under reference with the overall profit of the company. The variations, if any, shall be clearly indicated and explained.

(2) A statement showing the total expenses incurred and income received by the company under different heads of accounts and the share applicable to other products and the products under reference shall be prepared and reconciled with the financial statement.

18. ADJUSTMENT OF COST VARIANCES:

Where the company maintains cost records on any basis other than actual such as standard costing, the records shall indicate the procedure followed by the company in working out the cost of the product under such system. The cost variances shall be shown against the separate heads and analysed into material, labour, overheads and further segregated into quantity, price and efficiency 3030 GI/2001—642 THE GAZETTE OF INDIA: EXTRAORDINARY [PART n—SBC. 3ffil variances. The method followed for adjusting the cost variances in determining the actual cost of the product shall be indicated clearly in the cost records. The reasons for the variances shall be duly explained in the cost records or statements.

19. STATISTICAL RECORDS:

(1) The records regarding available machine hours or direct labour hours in different production departments and actually utilised shall be maintained for production of Milk food and shortfall suitably analysed. Suitable records for computation of idle time of machines shall also be maintained and analysed.

(2)The adequate records shall be maintained to enable the company to identify the capital employed, net fixed assets and working capital separately for the production or manufacture of product under reference and other products and other activities. Fresh investments of fixed assets for production of Milk Food that have not contributed to the production during the year shall be disclosed separately in the cost records. The records shall, in addition, show assets added as replacement and those added for increasing existing capacity. Also such records as will enable identification and/or allocate gross fixed assets, accumulated depreciation upto the year, net fixed assets under the heads; Land & Buildings, Plant & Machinery, Furniture & Fixtures etc. employed for the production of product under reference, along with the method and rate of depreciation shall be maintained. The basis of apportionment of common assets to the products(s)under reference shall also be indicated. In case of revalution of assets, the same should be indicated separately. The basis of allocation of indirect assets to the respective product under reference should be reasonable, equitable and shall be followed consistently.

(3)Data such as percentage of fat and solid non fat contained in wet milk purchased and consumed shall be maintained. The overall fat and solid non fat contents of milk based raw materials consumed in production during the year shall be reconciled with the solid non fat and fat contents of the total output.

(4) Whenever WTO provisions are attracted, proper records shall be maintained to identify the competitiveness of the product in the domestic as well as global market and the expenses, if any, incurred to combat the competition arising out of WTO provisions. Adequate statistical records shall also be maintained to identify the market share of the product manufactured and the likely impact thereon on account of competitive goods imported in to the country. These records shall indicate, inter alia, the total volume of imports, names of importers countries of origin and contain such empirical evidence as to show whether such imports can be construed as dumping and affecting the market share of the product. Proper records shall also be maintained, containing such details as may be necessary to show that the export price of the product is not such as to be construed as dumping in the importing country, by applying the provisions of WTO regarding anti dumping measures under Article VI of GATT 94.

20 CAPTIVE CONSUMPTION

If Milk food is used for captive consumption, proper records s£iaU-fc>£ maintained showing the quantity and cost of each item of Milk food transferredio other departments or units of the company for self-consumption. The rates at. which the transfers are effected shall be at cost only.

21. POLLUTION CONTROL:

Expenditure incurred by the company on various measures to protect the environment like effluent treatment, control of pollution of air, water, etc., should be properly recorded.

22. HUMAN RESOURCES DEVELOPMENT:

Expenditure incurred by the company on the human resources development activity shall be recorded separately.

23. INTER-COMPANY TRANSACTIONS:

(1) In respect of related party transactions or supplies made or services rendered by a company to its holding company or subsidiary or a company termed "related party relationship" as defined below and vice-a- versa, records shall be maintained showing contracts entered into, agreements or understanding reached in respect of:

(a) purchase and sale of raw materials, finished products, process materials, chemicals and rejected goods including scraps, etc; (b) utilisation of plant facilities and technical know-how; (c) supply of utilities and any other services; (d) administrative, technical, managerial or any other consultancy services; (e) purchase and sale of capital goods including plant and machinery; (f) any other payment related to production, processing or manufacturing of product under reference.

These records shall also indicate the basis followed for arriving at the rates charged or paid for such products or services so as to enable determination of the reasonableness of such rates in so far as they are in any way related to product under reference.

(2) The transactions by the following "related party relationships" shall be covered under sub-rule(1) >

(a) enterprises that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the reporting enterprise (this includes holding companies, subsidiaries and fellow subsidiaries);

(b) associates and joint ventures of the reporting enterprise and the investing party or venturer in respect of which the reporting enterprise is an associate or a joint venture;

(c) individuals owning, directly or indirectly, an interest in the voting power of the reporting enterprise that gives them control or significant influence over the enterprise, and relatives of any such individual;

(d) key management personnel and relatives of such personnel; and44 THE GAZETTE OF INDIA: EXTRAORDINARY FPARTH-SEC 36)1 (e) enterprises over which any person described in (c) or (d) is able to exercise significant influence. This includes enterprises owned by directors or major shareholders of the reporting enterprise and enterprises that have a member of key management in common with the reporting enterprise.

However, the following shall not be deemed as "related party relationships":-

(a) two companies simply because they have a Director in common notwithstanding paragraph (d) or (e) above (unless the Director is able to affect the policies of both companies in their mutual dealings);

(b) a single customer, supplier, franchiser, distributor, or general agent with whom an enterprise transacts a significant volume of business merely by virtue of the resulting economic dependence; and

(c) the parties listed below, in the course of their normal dealings with an enterprise by virtue only of those dealings (although they may circumscribe the freedom of action of the enterprise or participate in its decision-making process);

IU providers of finance; (iij trade unions; On) public utilities; (ivj government departments and government agencies including government sponsored bodies.

€xplanation:-For the purpose of these Rules,:

(a) "Related party relationships" means parties who are considered to be related if at any time during the reporting period one party has the ability to control the other party or exercise significant influence over the other party in making financial and/or operating decisions;

(b) "Related party transaction" means a transfer of resources or obligations between related parties, whether or not a price is charged;

(c) "Control" means

(i)ownership, directly or indirectly, of more than one-half of the voting power of an enterprise; or

(ii)control of the composition of the Board of Directors in the case of a company or of the composition of the corresponding governing body in case of any other enterprise; or

(iii)a substantial interest in voting power and the power to direct, by statute or agreement, the financial and/or operating policies of the enterprise (d) "Significant influence" means participation in the financial or operating policy decisions of an enterprise, but not control of those policies;

(e) "Associate" means an enterprise in which an investing reporting party has significant influence and which is neither a Subsidiary nor a joint venture of that party;

(f) "Joint venture" means a contractual arrangement whereby two or more parties undertake an economic activity, which is subject to joint control;

(g) "Joint control" means the contractually agreed sharing of power to govern the'financial and operating policies of an economic activity so as to obtain benefits from it;

(h) "Key management personnel" means those persons who have the authority and responsibility for planning, directing and controlling the activities of the reporting enterprise;

(i) "Relative" - in relation to an individual, means the spouse, son, daughter, brother, sister, father and mother who may connected by blood relationship;

(j) "Holding company" means a holding company within the meaning of Section 4 of the Companies Act, 1956(1 of 1956);

(k) "Subsidiary" means a subsidiary company within the meaning of Section 4 of the Companies Act, 1956(1 of 1956);

(I) "Fellow subsidiary" means a company is said to be a fellow subsidiary of another company if both are subsidiaries of the same holding company;

(m) "State-controlled enterprise" means an enterprise which is under the control of the Central Government or a State Government.

PROFORMAA

Name of the company Name and address of the factory

Statement showing the cost of Utility like Power, Steam, Water, Effluent treatment etc., produced and consumed during the year/period

Note 1.- Separate cost sheet is to be prepared for each utility as well as effluent treatment.

Note 2.- If any of the utilities or services, which are manufactured by the company and transferred to any other unit of the company or is sold to outside parties, separate cost sheet shall be prepared in proforma-C in respect of such sale or transfer, which shall be effected at cost of sales of respective utility.

PROFORMA B

Name of the company Name and address of factory: Statement showing the cost of wet milk/dry cocoa beans/cocoa powder.malted product/malt extract/flow malt mix/intermediate of Milk food etc. produced during the year ended^ .

Note 1.- Separate proforma shall be prepared in respect of each type of intermediate for the product under reference.

2.- Separate Proforma shall be prepared in format C in respect of inter-company transfers referred to in para 23 of the Schedule III.

3.- Reasons for variations between standards and actuals shall be clearly recorded. Circumstances leading to revision of standards, if any, shall also be indicated in the form of a foot note.

4.- If any of the intermediates produced or manufactured by the company is transferred to any other unit of the company or is sold to outside parties, separate cost sheet shall be prepared in Proforma - C in respect of such sale or transfer, which shall be effected at cost of sales of the respective product.

5.- The rate charged for wet milk consumed for manufacture of any Milk food shall be based on the actual fat contents of the relevant quantity of milk consumed for the said purpose.

6.- Other expenses shall specify and feature expenses such as expenses at chilling centres, transportation cost, hire charges paid for transportation etc.

7.- The administration overheads shall be included in the cost of production only to the extent they contribute in putting the goods produced to their present location and condition. The balance of administration overheads, if any, shall be included in the cost of goods sold. The Proformae may be amended accordingly, if required.

3030 Gl/2001—7

Proforma C

Name of the company Name and address of the factory

Statement showing the summary cost of sales, sales realisation and margin in respect of each type of Milk food produced/manufactured and sold during the year/period

Note 1 - Separate proforma shall be prepared for each type of description of product.

Note 2 -Separate proforma shall be prepared for the quantity sold with in the country and the quantity exported. Expenses incurred on export and the incentive earned thereon shall be indicated in the proforma applicable for the quantity produced and exported.

Note 3,-The administration overheads shall be included in the cost of production only to the extent they contribute in putting the goods produced- to their present location and condition. The balance of administration overheads, if any, shall be included in the cost of goods sold The Proformae may be amended accordingly, if required.

Proforma D

Name of the company Name and address of the factory

Statement showing the total production and allocation of total actual expenses and income of the company between Milk food and other activities for the year ending

Note.- All items of income and expenditure in this Proforma shall be reconciled with the financial accounts for the relevant period."

[F.NO.52/21/CAB-20O0] A. RAMASWAMY, Jt. Secy.

FootNote. ty ThQ prinCjpai cost Accounting Records (Infant Milk food) rules,1974 were published vide Notification No.G.S.R.701(E), dated 27-12-1974 ,and subsequently amended by-

1. GSR 794 .dated 3-6-1977 2. GSR 30 , dated 5-1-1983 3. GSR 553 .dated 22-7-1989 4. GSR 313(E), dated 24-3-1993 5. GSR 438(E), dated 3-8-1998

( 2)- The principal Cost Accounting Records (Milk Food) rules, 1986 were published vide Notification No.G.S.R.866 dated 25-9-1986, and subsequently amended by-

1. GSR 569, dated 22-7-1989 2. GSR 329(E)dated 24-3-1993 3. GSR 453(E) dated 3-8-1998

Printed by Ihe Manager, Qovt. of India Pros*. Ring Road, Mayapurl, N"w Deihi-110064 and Published by ths Controller ol Publications. Delhi-110054 — 2001