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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 30] NEW DELHI, TUESDAY, FEBRUARY 13, 1968/MAGHA 24, 1889

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

as a separate compilation.

MINISTRY OF COMMERCE

PUBLIC NOTICE

IMPORT TRADE CONTROL

New Delhi, the 13th February 1968

SUBJECT: —Licensing conditions under the Austrian Food Aid 1967-68.

No. 29-ITC(PN)/68.—The conditions governing the issuance of import licences under Austrian Food Aid 1967-68 as given in Appendices I & II to this Public Notice are notified for the information ofthetrade

APPENDIX I

Conditions for Licensing Public Sector Imports under the Austrian Food Aid 1967-68

1 Firm orders on c i f or c& f-basismustbeplaced on the Austrian supplier within three months from the date of issue of the Import Licence If orders cannot be placed within three months, the licence should he submitted for revalidation during the fourth month giving reasons for the delayinplacingorders and indicat- ing the date by which orders would be placed Such requests will he considered on merits by the Chief Controller of Imports & Exports in consultation with the Ministry of Finance, Department of Economic Affairs The importers who are able to complete placement of orders, within the three months period stipulated above can. however, seek suitable extension in the validity of their licences, based on the d e l i v e ry s c h e d u l es g i v en in t he c o n t r a c ts as s o on as t h ey have c o m p l e t ed t he o r d e r- i n g- E x t e n s i o ns in s u ch c a s es c an be g i v en by t he l i c e n c i ng a u t h o r i t i e s, w i t h o ut

consulting the Ministry of Finance, Department of Economic Affairs.

(I31)

2- The contract of supply between the Indian Importer and the Austrian Sup- plier is subject to the approval of the Governments of India and Austria lor being financed under the Austrian Credit arrangements. Importers should take special rare to inform the suppliers about this condition and also incorporate a clause to this effect in the supply contract. Moreover, orders once approved will not be cancelled without prior concurrence of the Department of Economic Affairs.

3. The value of the contract should invariably be expressed in Austrian Schillings calculated at the rate of 1 Austrian Schilling = Rs. 0-291. This rate will stand modified if the 1-MF- parity rate undergoes any change. The contract should nor- mally provide for payment on cash basis, ie , on presentation of shipping and other documents to be specified in the contract.

4. Four copies of the contract, when concluded, should be furnished by the Importer to the Ministry of Finance, Department of Economic Affairs, Europe-Il Section, New Delhi. The following information should also be sent to the Depart- ment of Economic Affairs along with the copies of the contract: —

(I) Details of the Import Licence- -

(a) Number

(b) Date of issue

(c) Value

(II) Name and address of the Indian Importer

(iii) Name and address of -the Importers' Bankers from whom the Bank -•• Guarantee is going to be furnished

(iv) Name and address of the Austrian Supplier

(v) Value of the contract in-—

(a) Austn an Schillings

(b) Rupees

(vi) Short description of goods to be imported

(vii) Terms of delivery

(e.g. c.i-f-, c & i. etc.)

(viii) A schedule indicating possible dates and amounts of payment to the supplier may also be given. (The delivery period may be indicated as so many months from the date of approval of the contract by the Austrian authorities- Since the processing of the contract till it is approved by both the Governments takes some time, precise dates of delivery indicated in the contract might lapse necessitating fresh delivery period being indicated before payment is authorised).

(ix) Details of shipping documents which the Austrian National Bank should demand from the suppliers before making payment, together with the number of copies of each document required

(x) Indian Agents' commission, if any Included in the contract

(xi) Special Instructions (e.g. the percentage of the invoice amount to be paid to the suppliers on presentation of documents).

(xji) Are partial shipments permitted/prohibited?

•5 The payments to the Austrian supplier under the contract will be made by the Austrian National Bank or on the strength of a letter of authority (in the form at Annexure-I) which will be issued by the Ministry of Finance, Department of Economic Affairs on the basis of the information furnished wide para 4 above-

6 On receipt of the copies of the contract, and the information required IP paragraph 4 above, the Department of Economic Affairs will approach the Austrian authorities through the Indian Embassy in Austria, for approval to the contract being financed under the Austrian Credit. The letter of authority to the Austrian National Bank will be issued only after the approval of the Austrian authorities has been received-

7 The Austrian National Bank will be charging a commission of 1/8 per cent of the contract value for handling the documents and also actual expenses incurred on postage and cables, etc. All thes<* charge* will tap recoverable from th" Importers r

8 The importers will have to deposit: —

(i) the rupee equivalent of the payments to the suppliers in Austrian Schillings and the charges indicated in para 7 above, at the rate of One Austrian Schilling=Rs 0'291 Indian Rupee Any revision in the rate of exchange will be advised to the Importers/their bankers by the Department of Economic Affairs as and when it takes place;

(il) Interest at the rate of six per cent per annum between the date of actual payment to the supplier by the Austrian National Bank and the date of actual deposit of the rupee equivalent in the State Bank of. India, Delhi or Reserve Bank oi India, New Delhi.

9. The importers will be required to furnish a bank guarantee irom an ap- proved scheduled bank in the form attached (Annexure-ll) agreeing to deposit the amounts specified In paragraphs 7 & 8 above The postage charges of the Austrian National Bank for the purpose will be taken at an ad JiOr figure of 1500 Austrian Schillings.

Letters of Authority to the Austrian National Bank authorising payment to the suppliers will be issued after the Bank Guarantee has been furnished to the Depart- ment of Economic Affairs. The foot note under the Bank Guarantee form should be noted for strict compliance-

NorE I: The moneys specified in paragraphs 7 and 8 above shall be deposited with the State Bank of India, Delhi, or the Reserve Bank of India. New Delhi or remitted by means of a demand draft drawn in favour of the Accountant-General, Central Revenues, New Delhi-1 on the State Bank of India, New Delhi for credit to the Central Government account under the head of account.

"T—Deposits and Advances—Part II Deposits not bearing interest—(C) Other deposit Accounts—Departmental and Judicial Deposits—Civil Deposits—Deposits for purchases abroad—Purchases under Credits/ Loan Agreements—Deposits for cost of equipment, etc , obtained undei the Austrian Food Aid. 1967-68".

NOT* I t: No Letter of Credit or remittances from India will be permitted against this Import Licence towards the cost and/or freight of the goods to be imported.

ANNEXURE I TO APPENDIX I

No.

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(Department of Economic Affairs)

New Delhi, the •

The Manager, Austrian National Bank, Otto Waagner Platz 3- Wiren IX (Austria)

Dear Sir,

AUSTRIAN FOOD AID, 1967/68 LETTER OF AUTHORITY NO.

We are to invite a reference to the contract/order dated the f entered into/placed by M/s. — •

(Name & address of the Importer)

— with/on •—

(Name and address of the Supplier)

for Austrian Schillings — on account of —

We hereby authorise you to pay to M/?.. — - - - ~~C~^~

(Name & address of the Supplier)

a sum not exceeding Schillings • — • ~ -

(Austrian Schillings)

in accordance with the terms and conditions stipulated in the enclosed statement- It is requested that the invoices, shipping and other documents presented by

M/s. • •— '

, — .—. —

(Name & address of the Supplier)

be despatched direct to

• — _ -— . .

(Name & address of the Importers' Bankers) 2- The amount referred to in paragraph 1 above will be repaid by the Govern- ment of India in accordance with the terms and conditions laid down in Article-1 of the Agreement between the Government of India and the Government of the Republic of Austria daled the • -- for the credit of 26 million Schillings.

3- The details oil payments made against this letter of authority may kindly be intimated to the Government of India, Ministry of Finance, Department of Eco- nomic Ailalrs—Economic Aid (Accounts) Branch, New Delhi to whom the debit advices along with a copy of the shipping and other stipulated documents may be sent.

4. This authority will remain valid upto the • day of •——196 .

Yours faithfully,

Secretary to the Government of India-

Conditions for payments under Letter of Authority No. — — Issued by Ministry of Finance, Department of Economic Affairs, New Delhi to Austrian National Bank, Vienna, under the Austrian Food Aid 1967/68-

Order of

• —• — — — ——

in favour of amount; — —— • payable against presentation of the following documents: —

Covering shipment of:

Price; Term of delivery: (e.g. f.o.b., c. & f., c.i.f.) Time for delivery: Partial shipments are permitted/prohibited Special instructions: (for example that not 100 per cent of the Invoice amount is to be paid at once)-

ANNEXURE II APPENDIX I

Guarantee Bond

(To be furnished by Banks under the procedure for the import of goods under the Austrian Food Aid, 1967-68)

To

The President of India,

In consideration of the President of India (hereinafter called 'the Government') having agreed to arrange for payment in Austrian Schillings for the import of — by — (hereinafter called the 'Importer') under the terms and conditions of the Austrian Food Aid of 26 million Austrian Schillings and in pursuance of Import Licence N o . .— issued on —. •—- in favour of the Importer against the above agreement, we — • • —— Bank Ltd-, at the request of the importer hereby undertake to arrange to deposit the amounts of the disbursements made by the Austrian National Bank and their commission and postal charges, converted at the rate of one Schilling equivalent to 0:291 Indian Rupee within ten days of the receipt of advice payment for credit to the Government account in the manner and against the appropriate Heads of Account as Indicated by Government of India under the said credit together with interest at the rate of six per cent per annum on the amounts disbursed to the

suppliers from the date of payment to the Austrian Supplier to the date of pay- ment of rupee equivalent for credit to the Government Account. The negotiable set of import documents received from the Austrian National Bank will be released to the Importer only after the Rupee deposits contemplated above have been made.

2. We the ——— Bank Ltd., also undertake to indemnify and keep indemniiled the Government against any default in payment by the Importer oi" any sum that may be due and payable from time to time by the Importer to the Government at such place and in such manner as the Government may from time to time direct such sums not exceeding RE. or any part thereof for the time being due and payable by the importer together with interest thereon at the rate of six per cent per annum from the date of payment to the Austrian Supplier out of the Austrian Food Aid of 26 million Austrian Schillings. The decision ol the Government as to any default in the said payment by the Importer or on his part and in regard to the amount payable to the Government by us — Bank Ltd-, shall be final and binding on us -—• Bank Ltd.

""S- We —• — Bank Ltd., further agree that In case of increase in the value of import or increase in the value of unfulfilled deliveries under the con- tract as a result of change in the composite rate of exchange mentioned in para 1 above, the amount of this guarantee bond will be adjusted as on the date when the change takes place in proportion to this change-

4. We ^~ Bank Ltd., further agree that the guarantee herein contained shall remain In full force and effect during the period that would be taken for the performance of the said agreement/contract and that it shall continue to be enforceable till all the dues to the Government under or by virtue of this guarantee have been fully paid and its claims satisfied or discharged.

5- The guarantee herein contained shall not be affected by any change in the constitution of the Importer or the •—• Bank Ltd-, and the Government shall have the fullest liberty withour affecting the guarantee to postpone for any time and from time to time any of the powers exerciseable by it against the Importer and either to enforce payment by the importer of any of the amounts the payment whereof is intended to be hereby secured and the — — • Bank Ltd., shall not be released from its liability under this guarantee by any exercise by the Government of the liberty with reference to the matters aforesaid or by reason of time being given to the Importer or any other forbearance, act or omission on the part of the Government or any indulgence by the Government to the Importer or by any matter or thing whatsoever which under the law relating to sureties shall, but for this provision, have the effect of so releasing the — r Bank Ltd-. from its such liability.

6. We, — —7-— Bank Ltd., undertake not to revoke this guarantee

during its currency except with previous consent of the Government in writlnfj.

7. Our liability under this guarantee is restricted to Rs- — (plus interest and commission charges, if any) and this guarantee shall remain in force till the day* of (month) 1 9 . . .. Unless claims under this guarantee are made in writing within six months of this date and unless a suit or action to enforce these claims is commenced within another six months thereafter i.e. upto —-———, all Government's rights under this guarantee shall be forfleted and

we shall be relieved and discharged from all liability, thereunder-

Dated the day of ——

For — —_ Bank Ltd.

Accepted for and on behalf of

the President of India by Shri

(Name & designation)

Signature

*Thls date shall be arrived at by adding one month to the date by which all payments to the Suppliers are expected to be finalised-

NOTE.—The value of the stamped paper on which this guarantee is to be executed is to be adjudicated by the Collector of Stamps.

APPENDIX II

Conditions for Licensing Public Sector Imports under the Austrian Fuod Aid 1967-68

1. Firm orders on F.O.B. basis must be placed on the Austrian supplier within three months from the date ot issue of the Import Licence- If orders could not be placed within three months, the licence should be submitted for revalidation during the fourth month giving reasons for the delay in placing orders and jndicat ing the date by which orders would be placed. Such requests will be considered on merits by the Chief Controller of Imports & Exports in consultation with the Ministry of finance, Department of Economic Affairs. The importers who are able to complete placement of orders within the three months period stipulated above can, however, seek suitable extension in the validity of their licences, based on the delivery schedules given in the contract as soon as they have completed the ordering. Extensions in such cases can be given by the licensing authorities without consult- ing the Ministry of Finance, (Department of Economic Affairs).

2. The contract of supply between the Indian Importer and the Austrian Sllp- plier Is subject to the approval of the Governments of India and Austria for being financed under the Austrian Credit arrangements. Importers should take special care to inform the suppliers about this condition and also incorporate a clause to this effect in the supply contract. Moreover, orders once approved will not be cancelled without prior concurrence oJi the Department of Economic AlTalrs-

3- The value of the contract should invariably be expressed in Austrian Schillings calculated at the rate of 1 Austrian Schilling =Rs. 0-291, Any change in this rate will be notified by the Government as and when it takes place- The contract should normally provide for payment on cash basis, i.e. on presentation of shippine and other documents to be specified in the contract-

•4. Four copies of the contract, when concluded, should be furnisher by the Importer to the Ministry of Finance, Department of Economic Affairs, Europe-II Section, New Delhi. The following information should also be sent to the Depart- ment of Economic Affairs along with the copies of the contract: —

(i) Details of the Import Licence—

(a) Number (b) Date of issue (c) Value

(il) Name and address of the Indian Importer (Ill) (a) Name and address of the officer in the Project/UndertakinK to whom correspondence connected with tho import may be addressed; (b> Branch of the State Bank of India to which the original documents (negotiable) should be sent by the Austrian National Bank.

fiv) Name and address of the Austrian Supplier (v) Value of the contract in—

(a) Austrian Schillings (b) Rupees

(vi) Short description of goods to be imported (vil) Terms of delivery (eg. f.o.b., c- & f- etc.)-

(viii) A schedule Indicating possible dates and amounts of payment to the supplier may also be given. (The delivery period may be indicated as so many months from the date of approval of the contract by the Austrian authorities- Since the processing of the contract till it is approved by both the Governments takes some time, precise dates of delivery indicated in the contract might lapse necessitating fresh delivery period being indicated before payment is authorised). (ix) Details of shipping documents which the Austrian National Bank should demand from the suppliers before making payment, together with the • number of copies of each document required

(x) Indian Agents' commission, if any included in the contract (xi) Date upto which the letter of Authority to the Austrian National Bank should be made valid

.--•

(xil)) Special Instructions (e.g. the percentage of the Invoice amount to be

paid to the suppliers on presentation of documents).

(xiii) Are partial shipments permitted/ prohibited?

ij. The payments to the Austrian supplier under the contract will be made by the Austrian National Bank on the strength oi a Jetter of authority (in the form at Annexure-I) which will be issued by the- Ministry oi Finance, Department of Economic Affairs on the basis of the Information furnished vide para 4 above.

G. On receipt ot the copies of the contract, and the information required in paragraph 4 above, the Department oi Economic Affairs will approach the Austrian authorities through the Indian Embassy in Austna, for approval to the contract being financed under the Austrian Credit The letter of authority to the Austrian Nntional Bank will be issued only after the approval of the Austrian authorities hns been received

7 The Austrian National Bank will be charging a commission of 1/8 per cent of the contract value for handling the documents and also actuai expenses incurred on postage and cables, etc. All these changes will be recoverable from the Importers.

8 The Importers will have to deposit the rupee equivalent of the payments made to the Suppliers in Austrian Schillings by the Austrian National Bank to- gether with postal and other expenses incurred by the Bank. For this purpose, thi Austrian Schillings will bo converted ai. the rate ot Austrian Schilling 1—Rs. 0.291 Any revision in the rate oi exchange will be advised to the Importers/the branch of the State Bank of India bv the Department of Economic Affairs as and when it takes plate They will aKo be required to deposit interest at the rate of MX per cent per annum on the amount paid to the suppliers from the date of dis- bursement by the Austrian National Bonk to the actual date c>i deposit of the amount in the State Rank of India and its branches.

In the i ate of public Sector lTm).^ tnkintjs the mone> ; "urcifipcl in paragraph 8 above will be deposited at the bianch oi the State Bank of India specified by the Importers vtile sub-clause (hit (b) ot clause 4 under the head of Account—"T—• Deposits nnd Advances—Part II Deposits not bearing interest- (C) Other deposit Accounts--Departmental nnd Judini] Deposits—Civil Deposits—Deposits for pur- chases abroad—Purchase¹ undei Cv^d its/Loan Agreements-'—Deposits for cost of equipment etc obtained under the Austrian Food Aid, 1%7 68" The documents will be released n\ the Bank only after 1he money is deposited m Government ircounts.

In the tase oi imports bv the Departments of Centra]/State Governments (including State Electricity Boards etc ) the debits for the rupee equivalents will be raised against the Account OHk er oi/iccrmd by Accountant General, Central Revenues on the basis of advires* issued by the Department of Economic Affairs— Economic- Aid Accounts Branch

NOTE.—No lettei of credit oi i < mittancos from India will be permitted against this Import Licence towards the cost and/or freiqht of the goods to be imported

ANNhXUHE I TO APPENDIX II

No

G'WEHNMfNT o^ TMU/V

.VIIN1STHY OF FINANCE

(Department of Economic Affairs)

New Delhi the

The Manager. Austrian National Bank, Otto Wnogner Platz 'I, Wien IX (Austria)

Dear Sir.

AUSTRIAN FOOD AID 1067/1)8 T/ETTKR OF AUTHORITY NO

We are to invite a reference to the contract/order dated the •—

entered into/pliced by M/s. — — — .—

(Name & address of the Importer)

— with/on — •-

(Name & address "f the Supplier^

lor Austrian Schillings • on account of — • We hereby authorise you to pay to M/s. •—• — — —-^—

(Name & address of the Supplier) a sum not exceeding Schillings • — ——— (Austrian Schillings —-— ) in accordance with the terms and conditions stipulated in, the enclosed statement. It is requested that the invokes, shipping and other documents presented by M/s. •——— — - —— be despatched direct to The State Bank of India —-••- • • •— • ——•

2- The amount referred to in paragraph 1 above will be repaid by the Govern- ment of India in accordance with the terms and conditions laid down in Artlcle-I of the Agreement between the Government, of India and the Government of the Republic of Austria dated the for the credit of 26 million Schillings.

3- The details of payments made against this letter of authority may kindly be intimated to the Government of India. Ministry of Finance, Department of Eco- nomic Affairs—Economic Aid (Accounts) Branch. New Delhi to whom the debit advices along with a copy of the shipping and other stipulated documents may be sent,

4. This¹ authority will remain valid upto the -1— day of — 196 •

Yours faithfully.

Secretary to the Government of India

: —

Conditions for payments under I-.etter of Authority No. — issued by Ministry of Finance, Department of Economic: Affair?:, New Delhi to Austrian National Bank, Vienna, under the Austrian Food Aid 1067/68- Order of : in favour of amount: —• payable against presentation of the following documents: — Covering shipment of:

Price: term of delivery: (e.g. f-o.b., c- fk f., c-i.f.) time for delivery: Partial shipments are permitted/prohibited Special instructions: (for example that not 100 per cent of the invoice amount is to be paid at once).

P. D- KASBEKAR,

Chief Controller of Imports and Exports.