REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 39] NEW DELHI, SATURDAY, FEBRUARY 27, 1965/PHALGUNA 8, 1886
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF STEEL AND MINES
(Department of Iron and Steel)
NOTIFICATION
New Delhi, the 27th February 1965
S.O. 712/ESS. COMM/Iron and Steel-15(l)&27(l) The following Notification issued by the Iron and Steel Controller under sub-clause (1) of Clause 15 and sub-clause (1) of Clause 27 of the Iron and Steel (Control) Order, 1956, is hereby published for general information.
NOTIFICATION
The procedure for pricing of imported steel was laid down in Public Notice No. S.O. 345/Ess. Comm./Iron and Steel-15(l) and 27(1) dated 29th January 1962 published in Part II—Sec. 3(ii) of the Gazette of India, dated 3rd February 1962 as amended under Notification No. S.O. 2247/Ess. Comm/Iron and Steel-15(l) and (27) (1) published in Part II—Section 3(ii) of the Gazette of India, dated 21st July 1962.
Consequent on the partial decontrol of steel with effect from 1st March 1964 as notified under Notification No. SC(A)-24(113)/63, dated 29th February 1964 publi- shed in Part II—Section 3(ii) of the Extraordinary Gazette of India, dated 1st March 1984 the procedure requires some revision.
In exercise of the powers conferred by sub-clause (1) of Clause 15 and sub-clause (1) of Clause 27 of the Iron and Steel (Control) Order, 1956, and with the approval
( 1 1 9)
I 2o THE GAZETTE OF INDIA EXTRAORDINARY [PART U—of Central Government the Iron and Steel Controller, is, therefore, pleased to notify as follows: —
(A) Unless otherwise directed, the importers of Iron and Steel shall not sell the materials imported by them at prices higher than those calculated on the basis of landed cost plus remuneration thereon as detailed below: —
(a) In respect of Iron and Steel materials imported against Government bulk contracts, Government may fix importer's remuneration from time to time;
(b) In respect of steel Imported against competitive tenders, no separate remuneration, as such, will be payable and the importer shall strictly observe the terms of sale and price as stipulated in the Acceptance of Tender;
(c) In other cases the scales of remuneration will be as follows:-
(I) For ex-jetty delivery ... 4% of landed cost. (II) for ex-godown delivery ... 71 % of landed cost.
(B) The Iron and Steel Controller may, from time to time with the approval of the Government of India, exempt any particular lot of steel from the price control mentioned above and declare special prices for the same.
(C) The landed cost will consist of the following: —
(i) C.I.F. cost of the materials, I.e. invoice value comprising of the cost of the materials delivered at the ports of shipment, Ocean freight and Insurance, including "War Risk Insurance, if any;
(ii) Customs Duty, if leviable; (iii) Stevedoring charges, actually incurred;
(iv) Landing & clearing charges at the following flat rates: —
Calcutta Rs. 16 per ton. Madras Rs. 12 per ton. Other Ports Rs. H per ton. The above flat rates will Include all expenses incidental to clearance of Iron and Steel other than (a) Heavy Lift Charges (b) Stevedoring charges, (c) Customs Duty, if leviable and (d) Port Dump charges where actually incurred.
(v) Transport charges from Jetty to the Importer's godown at the following flat rates: —
(a) Rs, 7,50 per ton for distances upto and inclusive of 10 miles; (b) Rs. 12.50 per ton for distances above 10 miles and upto and inclusive
of 20 miles; and
(c) Rs. 15.00 per ton for distances more than 20 miles. The above transport charges will not be applicable In the case of ex-Jetty deliveries or in the case of despatch of materials by rail from the Port Siding.
JV.B.—(i) If, under special circumstances, steel materials are Imported in heavy lifts, the actual heavy lift chargesi incurred at the port of landing may be included in the landed cost of such materials;
(ii) Bank charges for opening letters of Credit or Bank interest charges will not be taken into account in determining the landed cost of the mate- rials;
(iii) Sales tax, Town Duty, Octroi or any other Central or State taxes levied on steel entering importer's godown and similar taxes incurred in the process of delivery of Imported steel materials ex-jetty or ex-impor- ter's godown to the Customers shall be borne by the latter (i.e. by the Customers).
(iv) If the Importers/Handling Agent have to pay Inspection charges to the ISM London/ISM Washington/other Indian Embassies/High Commis- sions/Trade Representations through their suppliers, they may recover these charges at actuals from the consignees.
(v) If demurrage is incurred at the port on any consignment due to no fault or failure on the part of the Importer/Handling Agents, they may* recover the same from the consignees proportionately on the basis of quantity supplied to each consignee, where supply is made at full landed cost.
SEC. S(ii)] THE GAZETTE OF INDIA EXTRAORDINARY !2I(D) If under special circumstances over which the Importers have no control, it becomes necessary to remove Iron and Steel materials to Port Trust or Port Commissioner's Dumps, the Importers may recover from their customers the charges actually paid by them to the Port Trust or Port Commissioners by way of such removal or dumping.
(E) (i) In cases where the Importer undertakes delivery of the materials to the Consignee's yard from jetty or from his godown by road, he may claim trans- port charges at the following flat rates:—
(a) Rs. 7.50 per ton for distances upto and Inclusive of 10 miles; (b) Rs. 12,50 per ton for distances above 10 miles and upto and inclusive
of 20 miles; and
(c) Rs. 15.00 per ton for distances more than 20 miles.
(il) In cases where the Importer's godown has no siding facilities, public or private, or in cases where consignments beinjj less than a wagon load cannot be booked from the siding; the importer may claim Booking and Forwarding charges at the flat rate of Rs. 7.50 per ton for transport and other charges of the materials from his godown to the nearest Railway Station or Public Siding for despatch by Rail. If the material has to be carried to a steamer Ghat for booking by Steamer, Booking and Forwarding charges at the same rate (i.e. Rs. 7.50 per ton) will be admissible.
(F) (i) In respect of Iron and Steel Controller's Acceptances of Tenders or Government Contracts entered into with overseas suppliers prior to 1st March 1064 for supply of controlled category of steel to nominees of the Iron and Steel Controller, unless otherwise the A/T or Handling contract specifically provide for recovery at full landed cost, the Importer/Handling Agents should sell the materials at Col. I rate ruling on the date of supply and pay to or recover from the Equalisation Fund the difference between their selling price and the full land- ed cost of the material inclusive of their remuneration as per terms of the A/T.
(ii) In such cases Rail/Road/Steamer transport charges incurred for delivery of the materials to the consignee will be re-imbursed by the Iron and Steel Con- troller to the Importers in the following manner;
(a) Railway/Steamer freight will be re-Imbursed on the basis of actuals; (b) Road Transport charges in respect of deliveries by Road will be re-
imbursed at the flat rates as per item E(l) above.
(iii) If, due to no fault of the Importers, the material is removed from Jetty to Importer's/Handling Agents fiodown with the approval of Iron and Steel Con- troller, the Importer/Handling Agents will be entitled to claim the following towards godown rent and other charges, ie. Unloading, Carting, stacking, reloading charges, etc. wherever considered necessary by the Iron and Steel Controller:—
(a) for D.L.F. Steel—Rs. 10/- per ton. (b) for non-D.L.F. steel—2 per cent on c.i.f. The above charges will be payable either by the Iron and Steel Controller or by the allottees depending on the stipulation made in the relevant Removal permission letter.
(iv) Booking and forwarding charges are to be reimbursed to the importers for supplies to controlled Stockists and Re-rollers at the rate and as per conditions mentioned in Item E(li) provided material is removed to Importer's godown with prior approval of the Iron and Steel Controller;
(v) Overseas inspection charges, if any, will be payable by the consignee.
(vi) The Importer/Handling Agent shall not get reimbursement of demurrage charges incurred by them at the port, under any circumstances, either from the Iron and Steel Controller or from the consignee, unless specifically authorised by the Iron and Steel Controller.
(G) So far as the supply of Imported Iron and Steel at subsidised rates is concerned, the Importers should submit their claim on this account to the Iron and Steel Controller with supporting vouchers, whenever necessary for reimburse- ment;
(H) In respect of supply of subsidised steel sheets Imported on 'Gross for net' weight basis the Importers should charge consignee other than stockists on the
1 22 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-basis of Gross Weight and the stockists on the basis of net weight and in both cases they will get subsidy by calculating the landed cost of the material on the basis of "Gross Weight".
(I) In respect of subsidised steel chargeable on Sectional weight as per Iron and Steel Controller's Price circular, unless Otherwise advised by the Iron and Steel Controller in writing, the cost of difference between actual weight and sectional weight, if any, is adjustable with the Iron and Steel Equalisation Fur.d in such cases provided it relates to a transaction prior to 1st March 1964 as mentioned in Clause F above,
(J) All materials whether controlled or decontrolled against Government contracts/A/Ts entered into on and after 1st March 1964 will be supplied at full landed cost Inclusive of Importer's remuneration as per terms of Handling Contracts/A/Ts and there will be no adjustment with the Iron and Steel Equali- sation Fund in these cases.
(K) (i) In respect of Iron and Steel imported on commercial account includ- ing barter imports while issuing customs clearance permits, the Iron and Steel Controller shall indicate the c.l.f. price of the material.
(ii) In respect of above imports covered by CCPs issued upto 29th February 1964 against I/Is Issued on and from 21st July 1962 the Importers shall sell the controlled category of steel at full landed cost inclusive of their remuneration only in those cases where the same does not fall below the Col, I rate ruling on the date of supply by more than Rs. 50/- per lyi. Ton. Where however, the Col. I rate ruling on the date of supply exceeds the total landed cost inclusive of remuneration by more than Rs. 50/- per M, Ton, the Importers shall sell the material at Col. I rate and pay the difference between the Col. I rate and full landed cost Inclusive of remuneration to the Iron and Steel Equalisation Fund in accordance with the procedure laid down by the Iron and Steel Controller from time to time. In no case, however, will the freight be equalised.
All materials whether controlled or decontrolled covered by CCPs Issued on and from 1st March 1964 will, however, in all cases, be charged at full landed cost inclusive of remuneration.
(iii) The Importer shall sell the materials at the prices fixed as per this Noti- fication and mention the number and date of the Customs clearance permits, in every Cash Memo or other documents evidencing the sale or disposal of the material in question. It shall be the responsibility of the Commercial Importer to satisfy the buyer that the price(s) charged by him is/are in accordance with this Notification.
(L) When imported steel Is sold by any one other thaa an Importer the amount recovered by him from the customers shall not exceed Rs. 25/- (Rupees twenty-five only) per ton over the ea^godown price of the Importer for that particular lot of steel. In his Cash Memo or Bill or other documents evidencing sale, the dealer shall quote the Importer's cash Memo or Bill or other documents relating to that particular lot of steel, for purposes of cross checking. It shall be the responsibility of the seller to satisfy the buyer that the price charged by him is in accordance with this Notification. In case of deliveries effected at places other than the place of import, the seller may also claim from the buyer the actual Railway Freight Incurred by him, In exceptional cases, however, where Road Transport has to be resorted to, due to Booking restriction, non-availability of wagons etc. the dealers may be permitted to charge from their customers the actual Road Transport Charges limited to Rly. freight subject to production of relevant vouchers in support of their claim.
NAGENDRA BAHADUR,
Iron and Steel Controller,
[No. SC(II)-4 (19) /64.]
G. RAMANATHAN, Jt. Secy.
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