रजिस्ट्री सं ० डी० 221
REGISTERED No. D. 221
भारत का राजपत्र
The Gazette of India
श्रसाधारण
EXTRAORDINARY
भाग -खण्ड 1
PART I-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 60]
नई दिल्ली, मंगलवार , प्रप्रैल 2 , 1968/चंत्र 13 , 1890
No. 60] NEW DELHI , TUESDAY , APRIL 2 , 1968 / CHAITRA 13 , 1890
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
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 2nd April 1968
SUBJECT : -Imports from U.S.A. under U.S. AND Commodity Programme Assistance 1966 (AID Loan No. 386 - H - 160 )
No. 52- ITC ( PN ) /68 .--Attention of the importers is invited to Ministry of Commerce Public Notice No. 115 - ITC ( PN ) / 66 dated the 11th August , 1966 as amended by Public Notice No. 126 - ITC ( PN ) /66 dated the 2nd September , 1966 , No. 146 - ITC ( PN ) / 66 dated the 8th November , 1966 , No. 36 - ITC ( PN ) / 67 dated the 24th May , 1967 , No. 43 - ITC ( PN ) / 67 dated the 19th June , 1967 , No. 72 - ITC (PN) /67 dated the 5th August, 1967 , No. 147 - ITC ( PN ) / 67 dated the 10th October , 1967 , No. 149 - ITC ( PN ) /67 dated the 13th October, 1967 and No. 46 - ITC ( PN ) / 68 dated the 23rd March , 1968 setting out the terms and conditions applicable to import licences issued under AID Loan No. 386- H - 160 .
(255 ) THE GAZETTE OF INDIA EXTRAORDINARY [PART I- SEC . I ] 256
2. The withdrawal of Credit facilities provided for in Clause ( VIII ) of the Appendix to Public Notice No. 115 - ITC ( PN ) / 66 dated the 11th August , 1966 , an- nounced in Public Notice No. 43 - ITC ( PN ) /67 dated the 19th June , 1967 has been reconsidered and it has been decided that credit facilities offered by suppliers can be availed of by importers , provided:
( i) the U.S. supplier , at his own risk , is willing to sell to the Indian importer without requiring the establishment of a letter of credit as a basis of payment .
( li ) the U.S. supplier is agreeable to extend the Credit without charging the importer interest for this accommodation either directly or in- directly.
( iii ) the period of Credit does not extend beyond 90 days after the date of shipment .
( iv) the U.S. supplier is agreeable to the payment procedure indicated herein.
and ( v) the importer makes the deposit as detalled in the succeeding para graph within eighty days of the date of shipment or not later than one month after the date of expiry of the validity period of the licence exclusive of grace period whichever is earlier .
3. The supplier shall forward to the importer the shipping documents to enable him to clear the goods from the port . The invoice figuring in the ship- ping documents shall show in dollars the gross sales amount , net price , com- mission payable to the supplier's agent in India, if any , and the name and address of the agent . Within eighty days of the date of shipment , or not later than one month after the date of expiry of the validity period of the licence , exclusive of grace period , whichever is earlier , the importer should deposit to the credit of the Government of India in the Head of Account indicated in Note 1 below in the Reserve Bank of India, New Delhi or the State Bank of India , Delhi showing the Accountant General , Central Revenues , New Delhi as the Accounts Officer responsible for adjusting the credit , the rupee equivalent of the net price shown in the invoice calculated at Rs . 757.50 for $ 100.00 , plus 1/3 of 1 per cent of the said rupee equivalent of the net price towards U.S. Bank charges and submit the treasury challan evidencing the deposit by registered post to the Senior Accounts Officer , Ministry of Finance , Department of Economic Affairs , Economic Aid Accounts Section, Jeevan Deep Building , Parliament Street , New Delhi, enclosing copies of the invoice/shipping documents . The challan, together with one set of documents detailed in Annexure A to this Public Notice, should be accompanied by a letter in form in Annexure B to this Public Notice marked in red on the top " Credit Facilities Case " , and requesting the Senior Accounts Officer to authorise payment of the net amount in dollars to the U.S. supplier in question . The agent in India of the U.S. Supplier should be paid on the date of deposit to the Government an amount in rupees equivalent to the value of the agents' commission indicated in the invoice , calculated at the rate of exchange applicable to the date of deposit , after obtaining a certificate from him to the effect that:-
(1 ) he has performed services in India constituting a direct and substan- tial contribution towards securing the sale of the commodity or commodity related service financed by AID hereunder ;
[PART 1-6EC , I ] THE GAZETTE OF INDIA EXTRAORDINARY
257
( ii ) he has performed such services in India; and ( iii ) he maintains a regular place of business in India.
If no payment of agents' commission is involved , the rupee deposit to be made to the Government Account shall be for the full value of the invoice/shipment. A certificate should be recorded in the letter forwarding the challan to the Senior Accounts Officer , Ministry of Finance , where payment of commission to the Indian agent is involved to the effect that the agent has been fully paid in the manner indicated above . If the deposit , the letter forwarding the challan and the shipping documents are in order , the Senior Accounts Officer . Ministry of Finance , Department of Economic Affairs , will authorise a U.S. Bank holding a Letter of Commitment from AID , Washington to make the payment of the amount involved to the U.S. supplier in question under the Letter of Commit- ment on the presentation of the requisite AID documentation detailed in An- nexure A to this public notice and claim reimbursement from AID , Washington.
NOTE ( 1 ) The rupee equivalent will be creditable under the head of account " T - Deposits and Advances- Part II Deposits not bearing interest- C-Other - Deposit Accounts Civil Deposits Deposits for purchases abroad ( 1 ) Purchase under AID Loan No. 386 - II - 168 .
NOTE ( 2 ) It should be noted very carefully that the Exchange rate indi- cated above is the prevailing composite rate of exchange and any change in the same, as and when decided upon by the Government of India , will be communicated to the importers / their bankers.
4. The procedures of payment to the U.S. suppliers and payment of commis- sion to their Agents in India notified in Public Notice No. 115 - ITC ( PN ) / 66 dated the 11th August , 1966 as amended from time to time will be deemed to have been modified on the above lines in so far as transactions involving credit faci- lities are concerned,
ANNEXURE A
1. Suppliers invoice.- ( a) One copy ( Photostat ) of the suppliers invoice detail- ing inter alia the following :-
( 1) Quantity and detailed description of each item shipped .
( 2) Gross sales price .
(3) Net sales price after deducting discounts etc. and foreign agents' commission .
( 4) The delivery terms .
( 5) Dollar amounts of incidental services and delivery services .
( 6) Name and address of supplier of marine insurance . The invoice should be signed .
(b) A copy of the charter party under which shipment is made .
2. Evidence of Shipment.- ( a) A copy of ( or photostat ) of the Bill of Lading (Ocean charter party , air way , Railway barge or truck ) or parcel post receipt evidencing shipment from a point of export from source country i.e. U.S.A.
THE GAZETTE OF INDIA EXTRAORDINARY [PART I- SEC . I] 258
(b ) If commodities are shipped from a free port or bonded warehouse , the supplier shall provide as an additional document a bill of lading , bearing nota- tion of freight cost covering the shipment of the commodity into the free port or bonded warehouse .
3. Suppliers' certificate .-( 1 ) An original ( manually signed ) and two coples of suppliers certificates in Form AID 282 executed by:-
( 1) the supplier of commodity covering the costs of commodity and commodity related services ,
( ii ) the carrier for the cost of ocean or air transportation .
( iii ) the insurer for the cost of marine insurance if such cost exceeds $ 50.00 .
(2) Certificate concerning commissions in form AID 283-one signed original executed by commodity supplier .
( 3 ) Certificate and Agreement regarding concerted pricing in form AID 285; one signed original executed by the supplier or by producer where supplier is not the producer of the commodity .
ANNEXURE B
In red ink CREDIT FACILITY CASE .
To
The Senior Accounts Officer ,
Economic AID Accounts Section,
Ministry of Finance ,
Department of Economic Affairs ,
Jeevan Deep Building ,
Parliament Street ,
NEW DELHI - 1 .
from U.S.A. under AID Non - Project Loan Subject :-Import of-
No.
Sir,
In connection with the import of from U.S.A. against the above AID Loan effected by us with credit facility aforded by our U.S. supplier ( s ) , we furnish the following particulars with the request to arrange payment to the supplier ( s ) direct in U.S. dollars under the subject loan:-
(a) Particulars of the Import licence against which the subject imports were effected ( No. , date ; value and date of expiry ) and particulars of the orders placed ( No. , date , value , and the suppliers ' name ) .
(b ) Particulars of the commodity imported :
( i) Exact description .
( ii ) Description of the relative commodity group as given in the AID Commodity Code .
( iil) The commodity Code No.
[
PART I - SEC , I ] THE GAZETTE OF INDIA EXTRAORDINARY
259
( c) Name ( s ) and address ( es ) of the U.S. Supplier ( s ) of the goods imported:
(d) Date of despatch from the U.S.A. ( 1.e. , date of the bill of lading ) :
( e) Period of credit extended by the supplier ( s ) and due date ( s ) of pay- ment:
( f ) Invoice No. ( s ) , date ( s ) and net amount ( s ) payable to the supplier ( s ) after deduction of Indian Agents ' Commission: [ Invoice - copy (copies ) to be attached ] .
(g) Name of the treasury, challan ( s ) No. ( s ) and date ( s ) , amount ( s ) deposited as evidenced in the challan ( s ) : ( Original treasury challan ( s ) evidencing deposit to be attached ) .
(h) The name and address of the Indian agent ( s ) , where agents commis- sion is involved , and the commission ( s ) payable as per the invoices ( in rupees ) ( to be worked out from the dollar figure ( s ) indicated in the invoice ( s ) at the dollar - rupee rate applicable to the date of deposit) :
Certified that : -
(1) The commission ( s ) payable to the agent ( s ) in India as indicated in Col. (h) above has ( have ) been paid to the agent ( s ) , after obtaining certificate ( s ) from the agent ( s ) as indicated in paragraph ( 3 ) of Ministry of Commerce Public Notice No. 52- ITC ( PN ) / 68 dated the 2nd April , 1968 ( where applicable ) .
( 2) The orders on the U.S. suppliers were placed after complying with the Notice to U.S. Business procedure or obtaining a waiver thereof as stipulated in Clauses II to IV of Ministry of Commerce Public Notice No. 115 - ITC ( PN ) / 66 , dated the 11th August , 1966. ( The letter No. and date of the Deptt . of Industrial Development forwarding the Notice to U.S. Business or communicating waiver , and the bid deadline date fixed by that Deptt . in the case of Notice to U.S. Busi- ness , to be quoted ) .
Yours faithfully ,
Place:
(Signature of the licensee & full address ) .
Date:
*The amount to be deposited should be arrived at by adding :
(a) the rupee equivalent calculated by conversion of the net invoiced dollar amount payable to the supplier into rupees at the rate of 100 dollars is equal to Rs . 757.50 .
(b) 1/3 per cent of the amount stated at ( a) above .
SUBJECT :-Errata ( i ) Irmport Policy for Registered Exporters for the year April 1968-March 1969 .
No. 53 - ITC ( PN ) /68.-Attention is invited to the Import Policy for Registered Exporters contained in Volume II of the Import Trade Control Policy Book (Red Book) for the year April 1968-March 1969 , issued under the Ministry of Commerce Public Notice No. 50 - ITC ( PN ) / 68 , dt . 1st April 1968 .
260
THE GAZETTE OF INDIA EXTRAORDINARY [PART I- SEC . I]
2. The import replenishment admissible against the item of Coconut Shell Charcoal as indicated at Serial Number B. 61 in Section II on page 62 of Volume II of the Red Book may be read as 5 per cent (Five per cent ) instead of 50 per cent .
SUBJECT : -Errata No. 1- Import policy for the year April 1968-March 1969 .
No. 54 - ITC ( PN ) /68.-Attention is invited to the Ministry of Commerce Public Notice No. 50 - ITC ( PN ) / 68 , dated 1st April 1968 under which the import policy for the period April 1968-March 1969 has been announced and incorporated in Volumes I & II of the Import Trade Control Policy Book (Red Book ) . The following amend- ment shall be made in Volume I of the current Red Book at appropriate places : -
Details of correction
Reference
Page No. of Vol . I of the Red Book
4 Section I For '10 per cent'
para 25, Read 5 per cent '
Line 5
70 Section II For "Appendix 10
S. No. 68 ( a) / V and 35 "
Remark ( 1 ) in Read "Appendix 35 "
Column 4
81 Section II
S. No , 113 - C / V
(i) For the existing entry in column 2 ' on res- tricted basis"
Columns 2 & 4
Section II 82
Read Polyvinyl for- matand Acetol' Polyvinyl
(ii) Insert the words ' on restricted basis ' after the entry 'A.U. ' in column 4.
S. No. 113 -J / V
column 4
Remark( i) The existing entry may be substituted by the following:-
"A.U. Import of low density Polythylene moulding powder will be allowed on restric- ted besis " .
THE GAZETTE OF INDJA EXTRAORDINARY
[PART I- SEC , I ]
Reference Page No. of
Vol . I of the
Red Book
Section III 104
S. No. 169-170 / IV ,
Column 3
Section IV 305
Appendix 35
261
Details of correction
For '150 Supple- mentary licences '
Read ' 150 % Supple- mentary licences . '
Insert the following additional item after S. No. 29
(30) 35 mm and 35/70 projector head com- plete with or without accessories .
P. D. KASBEKAR ,
Chief Controller of Imports and Exports .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1968