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REGISTERED No.D.221

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 90] NEW DELHI, TUESDAY, JULY 14, 1964/ASADHA 23, 1886

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF COMMERCE

PUBLIC NOTICES

IMPORT TRADE CONTROL

New Delhi, the 14th July 1984

SUBJECT:—U.S. Aid Programme—Chartering of Ocean Vessels and embargo on certain vessels for transport of Aid financed goods.

No. 58-ITC(PN)/64.—Attention of Importers is invited to the late Ministry of International Trade Public Notices No. 144-ITC(PN)/63. dated 20th November 1983. No. l56-ITC(PN)/63, dated 23rd December 1963, No. 6-ITC(PN)/64. dated 16th January 1984, No. 14-ITC(PN)/64, dated 20th February 1964, No. 30-ITC(PN)/ 64, dated 10th April 1964, No. 31-ITC(PN)/64, dated 21st April 1964. and No. 44- TrC(PN)/64, dated the 25th May 1964 on the above subject incorporating the lists showing the names of the vessels which are not eligible to carry AID-financed goods.

2. It has further been decided that the following vessels will not be eligible to carry AID-financed goods and their names are hereby added to the list attached to the late Ministry of International Trade Public Notice No. 144-ITC(PN)/63, dated 20th November 1963: —

List of Ineligible Vessels—

Lebanese—

Italian-

ANDREA COSTA (Tanker) MONTIRON

AGIA SOPHIA MARYMARK

Polish—

British—

HUTA ZGODA

CANUK TRADER FREE ENTERPRISE (Tanker) MAPLE HILL NEWHEATH SANDSEND

(1225)

3. It has also been decided to delete the names of the following vessels from the list of Ineligible ships to carry AID-financed goods attached to the late Ministry of International Trade Public Notice No. 144-ITC(PN)/63, dated 20th Novembei 1963: —

Greek—

NORTH EXPRESS NORTH QUEEN

British—

LORD GLADSTONE

SUBJECT:—Import of Heavy Construction Equipments by Civil Works Constructors

(medium sized) under International Development Corporation Credit

(I.DJL.) for April 1964-MrtrCh 1905.

No. 59-ITC(PN)/64.—It has been decided to issue import licences to Civil "Works Contractors (medium sized.) lor Import of Heavy Construction Equipment under I.D.A. Credit subject to the terms and conditions Indicated in the Appendix to this Public Notice. For this purpose medium sized contractors would be denned as: —

(i) having outstanding civil works contracts in excess of $ 0.5 million equi- valent but not exceeding $ 3.0 million; and

(il) are allowed, under Indian regulations, to quote on government civil worka contracts of more than $ 100,000 equivalent, and have had sufficient experience with mechanized methods of work and with the particular type of equipment to be imported under the Credit,

2. The applications from Civil Works Contractors (medium sized) for Import of heavy construction equipments should contain the following information: —

(a) Latest capital structure of the company to be fumlshad in the following form: —

Liabilities and equity

Assets Current Assets. Current Liabilities. Fixed assets, Medium and long term debts. Other assets. Capital.

(b) List of contracts which the firm has on hand stating in each case the date on which the work has commenced and the terminal date for the work.

(c) List of works with brief description thereof for which the firm has put in a bid, Indicating clearly whether the bid Is on the basis of manual labour and/or use of mechanical equipment.

(d) List of major pieces of equipment (and value) and/or use, already In

possession of the flrm

,,1) by way of purchase. (11) by way of hire during the last twelve months.

(e) Any other information to show that the applicant has sufficient ^ ex- perience with mechanised methods to work and with a particular t7P" of equipment to be Imported under the Credit,

No application for a licence In excess of ? 300,000 (Rs. 14.28 lakhs) will be enter- tained.

3. Import licences for import of specific items of heavy ^ * ™ ^ °" " 4 ^ S ? S^ under I.D./f. Credit shall be issued only on receipt of intimation tjojn the mP ° "e rS accepting the terms and conditions contained in the Appendix to this Public Notice.

4 The applications for Import of Heavy Construction Equipments under I D A. Credit from medium sized Civil Works Contractors who satisfy the above condi- tions for the year April 1964-March 1965 duly supported by the documents/ information as required In para 2 above should be superscribed at the top with the S "Under I.D.A. Credit for Civil Work, Contractors' and ^ould be submit- ted in the usual form and manner (Form 'E¹ in Appendix 6 *<>Jh" j *^ f o ok ™r April 1964-March 1965) to the Chief Controller of I m p o r t . a nd E^PorK Udyog Bhavan", New Delhi, so as to reach not later than the 10th August, 1964.

APPENDIX JO MINISTRY OF COMMERCE PUBLIC NOTICE NO. 59-ITC(PN/84, DATED 14TH JULY 1964 Terms and conditions governing the issue of import licences for Heavy Construc- tion Equipment (import by medium sized Civil Works Contractors) financed under International Development Association Credit No. 52-lN.

(i) The import must be made from any of the countries who are members of the World Bank including Switzerland (List in Annexure I) but excluding South Africa/South West Africa.

(li) Ordering,—Finn orders must be placed on the suppliers witbin ninety days of receipt of the import licence and the Roods shipped within the validity period. Copies of the orders placed should be forwarded simultaneously to the Ministry of Finance (Department of Econornic Affairs') t Economic Aid (Accounts) Branch. New Delhi, A statement of the orders' in the formi vide Annexuve I! should be sent on the first of each month to the Department of Economic Affairs. The first report should include particulars of ell eligible licences and imports.

(iii) Payments.—The cost of Rood*- acquired must be paid for in the respective currencies of the countries from which such Roods are acquired. Expenditure incurred in Indian eurrcnev or for good¹* procured in (including services supplied from)' India and also from countries who are not members of World Bank vide Annexure I is not reimbursable for the purpose of these orders.

(iv) Payments against the import licences may be madr bv the Importers through Authorised Dealers in foreign exchange in India in the normal manner. The importers shall indicate in thprfr contracts with suppliers that certain docu- ments required by the I.DA Washington have to be submitted bv the suxrplW to the Importers These documents are indicated in Annexur<=> III. and sh-ouTd be sent alon^with a proforma as indicated in Annexure IV Two sets of docu- ments would be required—one for Payment pur-noses and the other for purposes of obtaining reimbursements from the I.DA The authorised dealers in foreicn exchange while opening Letters of Credit against such import licence would also call for these documents When bills drawn under the Letter* of Crpdit sre paid bv the drawee and thp amount remitted to the Principal suppliers abroad, these documents would be separated and pinned toce'hn- and forwarded bv the dealers in Foreign Exchange dirpct to the Ministrv of Finnnm Deoart-' merit of Economic Affairs. Economic Aid (Accounts) Branch, New Delhi (Atten- tion Shri P C. Jain Assistant Accounts Officer") with the particulars of the relative import licence dulv noted on each of these documents Tn the cases whpre bills are received bv the Authorised Dealers in For"ien Evchantre on collection basis to cover imports the proceed^ of the bills would, not b£ remitted unless the drawees (the imnorters) furnish to the authorised dealers in foreign ^chance these documents for forwarding to tho Ministry of Fi-nanm ' D E^ Economic Aid Accounts Branch While oneninr* the Letters nf Credit through the Indian Banks, these renditions: should be stipulated to the b-ink This will however not absolve th" importer^ from the responsibility nf submission of proper documents. The Ministrv of Finance will approach the importers for the relevant documents.

(vil) Reporting:—The International Development Association requires quarterly reports Indicating the rate at which withdrawals are expected to be made throughout the disbursement period of the Credit. In order to enable the Ministry of Finance (Department of Economic Affairs) to compile such a report, a statement In form in Annexure V should be! sent by the importers to that Ministry at the end of each quarter i.e. quarter ending March, June, September and December by the 10th of the month following tho reporting period.

(vtli) The importer should apprise the supplier of any special provisions in the Import licences which affect ttrel supplier^ in carrying out the transactions.

(ix) It should be understood that the Government of India will not under- take any responsibility for disputes, If any, that may arise between the Importers and suppliers.

(x) The importer shall promptly comply with any directions, instructions or orders iosued by Government regarding any and all matter* arising from or pertaining to the Import licences and for mooting the obligations under the agreement.

(xi) Breach of violation.—Any breach of violation of the¹ conditions set forth in the clauses mentioned above will result in appropriate action under the Imports and Exports (Control) Act,

ANNEXTJHI! I

[Referred to in Clause 0) of Atroendix to Ministrv of Commerce Public Notice No. 59-ITC(PN)/64, dated 14th July 1964]

hist of World Bank Members and Switzerland

Su.I2ea-

Afghanistan. Guatemala- Algeria. Argentina. Haiti Australia. Honduras. Austria. Belgium. Bolvia. Brazil, Burma. Burundi.

Iceland. Tndia. Indonesia. Iran. Traq. Ireland.

Cameroun. Tsrael. Canada. Central African Republic Ceylon. Chad. Chile. r

Italy jv o r^ C o a st Jamaica. Japan. T™"™ Jordan.

luwaaitR e P U b l lC °f KUW⁸it

Luxembourg.

C o S nW Congo (Brazzaville). TZ Congo (Leopoldville) Lebanon Costa Blca. Liberia. ftA. Libya. Cyprus. Denmark' Malagasy Republic. Dominican Republic. ^ . "„,..„ Mauritania.

nSSf H"">-

France. Netherlands. Gabon. New Zealand. Germany (Federal Republic'*. Nlcargua. Ghana. Niger. Greece. Nigeria.

Tanganyika. Thailand. Togo.

A' v United Arab Republic.

TT ., , „, u. „

Norway. Pakistan. Panama. Paraguay. Trinidad & Tobago. P*u- Tunisia. Philippines. Turkey. Portugal. Uganda. oWa£da Saudi Arabia. _ . United Kingdom.

^ L e o n e. Somalia. Upper Volta. South Africa. Uruguay. Spain. Venezuela. Sudan. Viet-Nam. Sweden. Yugoslavia. Syria. Kenya.

ANNIXUKE II

[Referred to in Clause (ii) of Appendix toi Ministry of Commerce Public Notice No. 59-ITC(PN)/64, dated 14th July 1964]

Monthly report regarding orders placed (due on 1st of each month)

(i) No and date and value of Import

licence.

(ii) No. and date and value of orders placed and accepted by the suppliers (copies of orders enclosed). '

(HI) Name and address of the suppliers.

(iv) General dp^scriTrtionl of the equip-

ment to be imported.

(v) Particulars of poods received— Bill of Lading No. and date of delivery, name of ship and date of payment to foreign supplier or their bankers.

(vi) Phasing of further deliveries. Please show the expected date of the shipment and the expected date of remittance to the supplier or their' bankers.

ANNEJCUKE III

fReferred to in Clauses (iv) nnd (vl of Appendix tn Ministry nf Commerce Public Notice No. 50-ITC(PN)/64. dated 14th July 19641

Documents required in connection, wiffy each application for reimbursement:

Under IDA Credit

fa) Supplier's Invoice, describing the poods or scrvicei (Orirurml or lesible copy).

(b) Evidence of Payment in the form of:

(1) Receipted invoice or formal receipt of the supplier [unless furnished under (a) above]; or

(2) Cancelled bank check or draft or photostatic copy thereof; or

(3) Commercial Bank's Report of Payment (IDA Form I-I. a copv of which is attached hereto) may b" used when payment has been.., made under a commercial letter" of credit; or

(4) Other evidence satisfactory to the IDA.

(c) Evidence of Shipment in the form of:

(1) A ropy of a bill of lading (this need not be a signed copy); or

(2) A statement of the supplier or forwarder that the goods have been shipped. This statement should include the approximate date of shipment, the method of transportation (i.e. air, rail or sea) and the destination, of the ship; the name of the vessel (if known) should be given.

NOTE 1.—If shipment has not-been made at the time the application is sub- mitted or if the application^ relates to a down or progress payment on a contract, evidence of shipment should be furnished to the IDA as soon as possible after shipment, under cover of Form E" (attached), This evidence of shipment should be accompanied by a copy of the supplier's final invoice in cases where the application relates to a down or progress payment.

NOTE 2.—When commercial letters of credit are used no evidence of shipment Is required if the Bank's Report of Payment indicates that documents evidencing shipment were produced to the commercial bank at. the time payment was made; otherwise evidence of shipment as described in (c) (1) or (2) above would be required.

(d) If the Withdrawal is to reimburse the Borrower for a down or progress payment, a copy of the contract or purchase order is required. It is of course only necessary to submit this document once. If payment has been madei on a contract on the basis of work performed, in addition to a copy of the contract, the Borrower should furnish an engineer's certificate or prORress report showing that the payment was due.

(e) Information regarding No. and date of the relevant purchase contract/ order.

N.B.—The documents should be sent alongwith the proforma indicated at Annexure IV.

Enclosure I to Ann^xv/re III

(IDA FORM 1-1)

BANK'S REPORT OF PAYMENT SERIAL NO

(Name of Commercial Bank)

Date of payment , .,

Licence No

IDA Credit No

To

(Name of Borrower or Borrower's Representative)

. . . ."

* . , ,

,

*

t • t

(Address)

We report having paid the sum of $

to

Under Licence No j . . " . . . . . ..

(Name of supplier)

.['/.'.. . . . . . . . . . . . .. established by , ., ,

¹

(Name and

Our payment

address of buyer) c o m m i s s i on a m o u n ts to $, . , . , . . . . . , .,. . , . . - . . .,

Payment was effected against delivery of the documents as specified in/and in accordance with the terms and conditions of the Letter of Credit mentioned above evidencing shipment of (General description of the merchandise including the quantity'etc.).

Per S.S or R.H from ^

(Point of shipment) to

or storage or manufacture of the goods (Destination)

described at

The documents have been disposed of as follows:

Ocean documents have been forwarded to our above mentioned corres- pondent bank. I

The Railroad bill of lading, warehouse receipt or certificate of manufacture have been

(Disposition made)

Copy of the supplier's Invoice is attached.

Very truly yours,

(Authorised signature).

Enclomrt It to Amexura III

FORM D

IDA

Date .

IDA Credit No.

Pursuant to the Development Credit Agreement dated • between , the International Development Association and the undersigned • the undersigned hereby submits the following additional documents in connection with the ap- plications noted below:—

Date of payment Amount of payment Description and Identi- fying Noi. of Documents

Borrower's Appli- cation No.

Enclosed

Very truly yours.

(Borrower¹* Representative)

ANNEHJBB tV

[Referred to to clause (iv) of Appendix to Ministry of Commerce Public Notice No. so-ITC-

(PN)/64 dated 14-7-1964]

Proforma forjending documents dcr the Non-Project IDA Credit . - . . ..

S. No. Category of goodi Currency in which

Date of contract

payment is made

Date by

of payment

importer

ANKBXURB V

Quarterly rtport to bt furnished as per claute (ytf) of Appendix to Miniitty of Contnwrct

Public Notice No. SQ-ITC (FN)I64 dated 14-7-64

Expected

remittances

Supplying

Currency

or payments by importers

/if

12/64 3/65

payment

6/65

9/65 "/65 3/66 6/66

9/"4

P. SABANAYAGAM,

Chief Controller of Imports and Exports

HUNTED DT HTOIA BY XHK GKNIHAL MANAOER, GOVERNMENT OF INDIA PBK8"j

nw nrnrr i nn BimtToBm BV THTC MANAOKR OF PUBLICATIONS. DELBI. 1964